Legal Opinion

Local 518, New Jersey State Motor Vehicle Employees Union v. Division of Motor Vehicles

New Jersey Superior Court Appellate Division

Decided March 16, 1993PublishedCited by 7 opinions

1Opinion of the Court

The opinion of the court was delivered by

BAIME, J.A.D.

The Civil Service Act (N.J.S.A. 11A:1-1 through :12 — 6) and its implementing regulations (N.J.A.C. 4A:4-1.1 through -7.12) provide generally that an appointing authority must select one of the three highest scoring eligible candidates from an open competitive or promotional examination. This provision is commonly known as the “rule of three” and is intended to guaranty the appointing authority an opportunity to exercise limited discretion in the selection and promotion of public employees. Although the appointing authority is not required…

2Cases cited16 opinions

  1. State v. LagaresSupreme Court of New Jersey · 1992
  2. Garrow v. Elizabeth General Hospital and DispensarySupreme Court of New Jersey · 1979
  3. Pascucci v. VagottSupreme Court of New Jersey · 1976
  4. State v. VasquezSupreme Court of New Jersey · 1992
  5. Donaldson v. Bd. of Ed. of No. WildwoodSupreme Court of New Jersey · 1974

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3Cited by7 opinions

  1. In re FoglioSupreme Court of New Jersey · 2011
  2. Commc'ns Workers of Am. v. N.J. Civil Serv. Comm'nSupreme Court of New Jersey · 2018
  3. Communications Workers of America v. New Jersey Department of PersonnelSupreme Court of New Jersey · 1998
  4. Communications Workers of America v. New Jersey Department of PersonnelSupreme Court of New Jersey · 1998
  5. IN THE MATTER OF CRAIG G. HOWLETT, POLICE SERGEANT (PM0721P), AND LORI A. SOARES, POLICE CAPTAIN, (PM1255T), BOROUGH OF ROSELLE (NEW JERSEY CIVIL SERVICE COMMISSION)New Jersey Superior Court Appellate Division · 2020

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