Christie's Civil Service Commission Ignores Constitution & State Law Regarding Promotions Process

For Immediate Release:
May 7, 2014

Putting Patronage, Corruption, Nepotism & Political Abuse Ahead of Protecting Taxpayers & Good Government… Let Alone Following The Law

(TRENTON, NEW JERSEY) – This morning, the New Jersey Civil Service Commission (CSC) voted to enact sweeping changes to the promotional process for non-uniformed state workers. In doing so, the Christie administration is seeking to gut modest taxpayer protections from political patronage. These measures have not only been on the books for over a century, but are so vital to fairness in public service that they’re written into the state's Constitution. The changes also allow the Christie Administration to gut veterans’ preference in promotions for most positions in State Government.

Today’s regressive action comes in spite of a binding resolution passed by the State Legislature in January – which prohibited the Christie Administration from enacting the rules. The CSC is not only ignoring the actions of the legislature, but also ignoring what is enshrined in the State Constitution, as well as what New Jersey Supreme Court says is the law of the land.

“It is inconceivable that the Christie Administration is granting itself permission to promote anyone it wants, while getting rid of oversight and objective standards for fairness,” said Seth Hahn, CWA Political and Legislative Director. “Their scheme blocks lanes of promotions for the deserving, while subjecting advancement to the whims of political pressure. This radical change is especially galling given all we know about what’s happened on Governor Christie’s watch in both various agencies around the state and his own office in the Statehouse. Today’s action has the potential to open the entirety of State Government to the abuse we’ve recently seen at the Port Authority.”

The CSC’s arrogance and inability to follow the law would expose every single New Jerseyan to higher taxes due to corruption, cronyism, nepotism and patronage….if they were able to get their way This would amount to a wholesale attack on working families, women, LGBT workers, disabled people and people of color. Thankfully, the Christie Administration will not be able to get away with this, as the state constitution says you cannot write regulations contrary to the intent of the statute. And the New Jersey legislature has already agreed and passed two concurrent resolutions.

As passed, today’s proposal would allow the CSC to lump workers into “broad bands” of job titles - limiting valuable public oversight of which employees are performing specific tasks. It would then replace promotions for workers based on objective qualifications and done based on a transparent and objective testing process with “advancement” through the employment “bands.” The “advancement” would be done solely at the discretion of management. It would not be subject to minimum qualifications requirements or public oversight. And it could allow politically-friendly workers to get ahead, at the expense of those who are deserving.

Furthermore, since the testing process is the only place that veterans’ preference exists in New Jersey Civil Service, it replaces a clear commitment to our state’s veterans with a “trust me” system. Management would merely be directed to weigh veterans status in their own minds when making decisions about advancement.
Today’s action comes despite a binding legislative resolution that was passed in January that prohibits the Governor from adopting the proposal. The legislature used a little-known provision of the State Constitution, enacted by voters in 1992, that allows the legislature to prohibit or invalidate regulations or rules proposed or enacted by the Executive. The procedure required two votes of the legislature, and an open public hearing.
Not only is today’s adoption of the rule likely illegal, it most likely runs afoul of the State Constitution. Article VII, Section 1, paragraph 2 requires that state promotions shall be made and veterans’ preference shall be protected by an open and competitive testing process, “as far as practable.”

This morning’s CSC vote comes despite widespread condemnation from Civil Rights organizations, veterans, people with disabilities, women’s organizations and public watchdogs. It also comes after more than a year of the Christie Administration refusing public input. Last year, they held a single public hearing in Trenton at 3 pm on a workday in the middle of the week – in a room that could only seat thirty people. Even worse, not a single Civil Service Commissioner attended this meeting to discuss 96 pages of new rules marking the most radical changes since the inception of civil service. Since then, Christie’s Commission has steadfastly refused requests from thousands of people for additional hearings. They’ve stonewalled, even though previous Administrations – both Republicans and Democrats – have granted more hearings for changes far less sweeping. The state legislature held two oversight hearings and requested someone from Civil Service attend. Both times the invitations were denied.

It’s no surprise the Christie Administration has failed to be transparent on this issue. Because Christie’s latest scheme will create more patronage and corruption at all levels of government. It undermines promotions for the deserving and subjects promotions to the whims of political pressure. Simply put, Christie’s proposal hands power over to politicians and backroom players, at the expense of both good government and New Jersey’s taxpayers. However, their attempts to do so will be moribund as it is simply against the law to make these radical changes.

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The Communications Workers of America (AFL-CIO) represents both private sector and public workers. CWA represents more than 70,000 working families in New Jersey, including over 40,000 state workers, 15,000 county and municipal workers, and thousands of workers in the telecommunications, airlines, health care and direct care industries. It represents thousands of public workers both in Civil Service jurisdictions and those that have not adopted Civil Service.

Buono: Christie Cannot Be Trusted To Stand Up for Workers and Veterans

New Brunswick, NJ - Democratic gubernatorial candidate and State Senator Barbara Buono released the following statement:

"Time and time again, Governor Christie has pledged to protect benefits for public workers. However, his lofty statements have become nothing more than broken promises. As a candidate for Governor in 2009, Christie promised our teachers, police officers and firefighters that he would not diminish their benefits. But when push came to shove, the Governor inexplicably broke his promise to public workers. This time, Governor Christie claims that his proposed changes to the Civil Service Commission will not harm veterans’ benefits and make it harder for veterans to find jobs. Since his civil service commission refuses to speak about the rule changes, and the commission held only one meeting, in the middle of the day, we are again asked to believe the Governor’s promises. However, New Jersey workers and families cannot afford more of the Governor’s empty rhetoric. Governor Christie has turned his back on public workers before and we have every reason to believe he will do the same again."

TOMORROW: CWA Pickets State-Wide

Protesting Christie Scheme To Open Civil Service to Patronage & Nepotism With Nearly No Public Input

(NEW JERSEY) – Tomorrow, members of the Communications Workers of America (CWA) will be protesting Governor Chris Christie’s scheme to change Civil Service as we know it. Christie’s proposal erodes protections for workers by eliminating the current system of merit-based promotions. This plan essentially abolishes objective and transparent measures for promotions and replaces them with politically-motivated "advancement.” This is the most radical change to Civil Service in half-a-century, yet the first time requests for public hearings have been flatly denied.

At workplace pickets throughout the state, CWA members will be speaking out against Christie’s plot to “broad band” titles - which would hurt hundreds of thousands of workers, as well as expose every single New Jerseyan to higher taxes due to corruption, cronyism, and patronage. Christie’s proposal will eliminate most competitive promotions and open the door to a flood of favoritism, nepotism and discrimination. The plan is a wholesale attack on New Jersey’s working families, women, the disabled and people of color. Moreover, it will entirely eliminate veterans’ preference in hiring and promotions.

“This latest Christie scheme to gut Civil Service will create more patronage and corruption at all levels by putting every single advancement at the mercy of political pressure,” said Hetty Rosenstein, CWA NJ State Director. “We’re holding pickets in municipalities throughout New Jersey to highlight how both state and local government will be harmed. This proposal unfairly rigs the rules so those who buy influence or enjoy special connections can get ahead…while disabled workers, LGBT workers, women, workers of color, older worker, and veterans will all have a major barrier to discrimination destroyed and the public will be harmed.”

CWA Protests will be at the following locations: Noon-1 p.m.


Trenton Area:
Department of Labor, 1 John Fitch Parkway
Civil Service Commission, 44 South Clinton Street
Department of Banking and Insurance, corner of Warren and West State
Department of Environmental Protection, 401 E State St
Department of Health and Agriculture, 369 S. Warren St.

Central Jersey:
342 Westminster Ave, Elizabeth
181 Howe Lane, New Brunswick
200 West 2nd Street, Plainfield

North Jersey:
650 Bloomfield Ave, Bloomfield
125 State Street, Hackensack
50-58 Burnett Ave, Maplewood
124 &153 Halsey Street, Newark
100 Hamilton Plaza, Patterson

South Jersey:
101 Haddon Ave, Camden NJ
215 Crown Point Rd, Thorofare, NJ
1601 Atlantic Ave, Atlantic City


Even though New Jersey’s Constitution requires public jobs be awarded through a competitive testing process wherever possible, the Civil Service Commission is seeking to bypass these mandated requirements by "broad banding" titles. They’re aiming to place dozens - and possibly hundreds - of titles into “job bands” where management would be allowed to unilaterally “advance” favored workers through the band rather than requiring competitive examination. This would eliminate objective and transparent measures – such as lists of promotion-eligible workers, public postings of who was awarded the position. Since veterans preference is tied to promotions, it eliminates veterans preference in the 90% of cases where there will no longer be promotions.

The Christie Administration held a single public hearing in Trenton on the proposal at 3pm on April 10th - a workday. To say that the hearing was scheduled at an inconvenient time would be an understatement, as even several legislators had difficulty attending. It was virtually impossible for workers opposed to Christie’s proposal to have their voices heard. Those people directly affected deserve a true public process and an opportunity to have their concerns addressed their concerns.Christie has denied requests for more hearings at times and locations when working people all over the state can have a chance to be heard. So, CWA has launched a petition for supporters to call on the CSC to schedule additional public hearings locations, dates and times. The petition can be viewed and signed at www.cwanj.org.

The Communications Workers of America (AFL-CIO) represents both private sector and public workers. CWA represents more than 70,000 working families in New Jersey, including over 40,000 state workers, 15,000 county and municipal workers, and thousands of workers in the telecommunications, airlines, health care and direct care industries. It represents thousands of public workers both in Civil Service jurisdictions and those that have not adopted Civil Service.

CWA CALLS ON CHRISTIE TO HOLD LEGITIMATE PUBLIC HEARINGS ON CIVIL SERVICE BROAD BANDING

Holding One Meeting in Trenton at 3 pm is Affront to Good Government & a Slap in the Face to Working Families.

(TRENTON, NJ) – Next Wednesday, April 10th, the New Jersey Civil Service Commission (CSC) will hold a single public hearing on a rule proposal eliminating Civil Service as we know it. The proposal will eliminate most competitive promotions and open the door to a flood of patronage, favoritism and discrimination. It will completely eliminate veterans’ preference in hiring and promotions.

Civil Rights organizations, advocates for the disabled, veterans’ groups, legislative leaders, unions and concerned citizens will all attend the hearing - to be held at 3 p.m. in a small room at the Civil Service Commission in Trenton. However, the Communications Workers of America (CWA) is calling on the CSC to hold additional public hearings in other parts of the state, so working families are able to have their voices heard via a true, public vetting process before the Christie Administration adopts the most radical changes to Civil Service in decades.

“The Civil Service Commission scheduled a single, rubber-stamp public hearing as if it’s one of the Governor’s Town Hall meetings – holding it in the middle of the week during working hours, making it virtually impossible for those affected or who may be opposed to have their voices heard,” said Hetty Rosenstein, CWA NJ State Director. “They’ll simply put up a stenographer to record testimony and then jam through whatever they wanted to do in the first place - public good be damned. Over the past thirty years, I’ve been through dozens of rule change hearings, yet this is the first time I can recall that Civil Service did not accommodate a request for more public hearings.”

Even though the New Jersey Constitution requires public jobs be awarded through a competitive testing process wherever possible, the CSC is seeking to bypass Constitutional requirements by "broad banding" titles. They want to place dozens and possibly hundreds of titles into “job bands” where management would be allowed to unilaterally “advance” favored workers through the band instead of requiring competitive examination. This would eliminate transparent lists of promotion-eligible workers, public postings of who was awarded the position. It would also eliminate the preference that veterans and disabled veterans not be bypassed promotion if they meet eligibility requirements and score high enough on the list.

“Every single advancement will be subject to political pressure,” added Rosenstein, “Disabled workers, LGBT workers, women, workers of color, older workers, and veterans will all have to overcome prejudice every step of the way.”

Not only does the new regulation allow discriminatory advancement, it also eliminates the one neutral avenue to appeal. Under the current system, if discrimination is alleged as the reason for not receiving a promotion, the worker can go before a neutral judge to present proof of discrimination at the Office of Administrative Law. That course of action is completely eliminated under the proposal.

The proposed rule change could affect hundreds of thousands of workers, as well as expose every single New Jerseyan to higher taxes due to corruption, cronyism and special favors. CSC should hold a public process that is accessible to those taxpayers and workers who would be directly affected by any rule changes. They all deserve a chance to have their voices heard in a meaningful way.

As such, CWA has launched a petition for supporters to call on the CSC to additional public hearings locations, dates and times. The petition can be viewed – and signed - at www.cwanj.org.

The Communications Workers of America (AFL-CIO) represents both private sector and public workers. CWA represents more than 70,000 working families in New Jersey, including over 40,000 state workers, 15,000 county and municipal workers, and thousands of workers in the telecommunications, airlines, health care and direct care industries. It represents thousands of public workers both in Civil Service jurisdictions and those that have not adopted Civil Service.