In re Foglio

I respectfully dissent because I believe the majority has introduced a new rigidity to the operation of the “Rule of Three,” see N.J.S.A. llA:4-8, undermining its role in affording appointing authorities discretion to appoint from among the top three persons certified as eligible for appointment to a civil service position. Indeed, the majority and I have different views as to the nature of the Rule of Three and the manner in which it is to be implemented. Whereas I see the Rule of Three as a legislative mechanism that fundamentally enables a practicable scheme of merit-based appointments,…