N.J. Admin. Code § 6A:3-5.4

Current through Register Vol. 56, No. 17, September 3, 2024

Section 6A:3-5.4 - Filing and certification of charges against tenured employees within the Departments of Human Services, Children and Families, Corrections, and Education, and within the Juvenile Justice Commission

(a) The process for the filing and service of tenure charges against persons serving under tenure pursuant to N.J.S.A. 18A:60-1 within the Departments of Human Services, Children and Families, Corrections, and Education, or within the Juvenile Justice Commission pursuant to N.J.S.A. 52:17B-170, shall comport with the process at N.J.A.C. 6A:3-5.1(b) except as set forth in this section. The charges shall be filed with the Director of the Office of Employee Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections, or the Director of the Office of Education in the Juvenile Justice Commission, or with an individual within the Department of Education designated by the Commissioner, as appropriate. Any written statement of position submitted by the affected employee in response to said charges shall be filed with the individuals in the respective department in the manner and time frame prescribed at N.J.A.C. 6A:3-5.1(b).

1. In accordance with N.J.S.A. 34:13A-24, fines and suspensions imposed as minor discipline shall not constitute a reduction in compensation pursuant to the provisions at N.J.S.A. 18A:6-10 if the negotiated agreement between an agency and the majority representative of the employees in the appropriate collective bargaining unit provides for such discipline. In these cases, tenure charges shall not be filed to impose minor discipline on a person serving under tenure pursuant to N.J.S.A. 18A:60-1.

(b) Within 45 days of receipt of respondent's written statement of evidence under oath or upon expiration of the allotted 15-day time period, the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education, as the case may be, shall determine whether there is probable cause to credit the evidence in support of the charges and whether such charges, if credited, are sufficient to warrant dismissal or reduction of salary and shall notify the affected employee of the determination, in writing, in the manner prescribed at N.J.A.C. 6A:3-5.1(b).

(c) If the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education finds probable cause exists and the charges, if credited, warrant dismissal or reduction in salary, then such person shall file the charges, the statement of evidence, and the required certification with the Commissioner of Education together with the name of the Deputy Attorney General who will be representing the agency and proof of service upon the employee and the employee's representative, if known. Such service shall be at the same time and in the same manner as charges are filed with the Commissioner.

(d) The certificate of determination that accompanies the written charges shall contain a certification by the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education of the following:

1. The director or responsible person has determined the charges and the evidence in support of the charges are sufficient, if true in fact, to warrant dismissal or a reduction in salary; and

2. The date on which such determination was made and whether the employee was suspended and, if so, whether such suspension was with or without pay.

(e) An individual against whom tenure charges are certified shall have 15 days from the date such charges are filed with the Commissioner to file a written response to the charges with the Commissioner consistent with the provisions at N.J.A.C. 6A:3-5.3(a).

(f) Upon written application by the person against whom charges are filed, the Commissioner may extend the time period for the filing of an answer upon a finding of good cause shown consistent with the provisions at N.J.S.A. 18A:6-16. Such application shall be received prior to the expiration of the 15-day answer period, and a copy shall be served upon the charging department, which shall promptly notify the Commissioner of its opposition, if any, to the request.

1. A request for extension that is not filed within the 15-day period allotted for answer to tenure charges shall be considered only in the event of demonstrated emergency or other unforeseeable circumstance such that the request could not have been made within the requisite filing period.

(g) If no answer is filed within the requisite time period and no request for extension is made, or if the request is denied by the Commissioner, or if the charged employee submits an answer or other responsive filing indicating the employee does not contest the charges, the charges shall be deemed admitted by the charged employee.

N.J. Admin. Code § 6A:3-5.4

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Amended by 56 N.J.R. 766(b) effective 5/6/2024