Background checks and eligible list removals for police candidates

N.J.A.C. 4A:4-4.7 lists the reasons a name may come off an eligible list.^[2] The first is any of the disqualifications in N.J.A.C. 4A:4-6.1, which cover lacking the job requirements, being ineligible by law, being physically or psychologically unfit, failing the examination procedures, a disciplinary removal from public service after a chance for a hearing, a material false statement or attempted deception in the selection process, a prior employment history that relates adversely to the title, an unpaid application fee and other sufficient reasons.^[3] The rest of 4A:4-4.7 adds appointment from the list, declining appointment, a criminal record that adversely relates to the job, undeliverable mail, ignoring the instructions on a certification notice, giving up a required residence and other valid reasons the Chair or a designee determines.

For a criminal record the rule lists what may be weighed: the nature and seriousness of the crime, the circumstances, the date and the candidate's age at the time, whether it was an isolated event, and evidence of rehabilitation. A pardon or expungement prevents removal in most titles, but not in law enforcement, correction officer, correctional police officer or juvenile detention officer titles. In the record, the Commission granted 36 and denied 24 of the 61 criminal record appeals. For falsification the figures were 63 denied and 18 granted of 81.

The department must send the Commission every document and argument behind its request by the certification's disposition date, and give the candidate copies on request or on appeal; if it does not, the request may be denied. Commission staff decide whether the grounds are sufficient and tell the candidate how to appeal. Removing a name moves everyone below it up the list. Where one application covered several title areas, such as police, sheriff and corrections, a removal for cause from one pool removes the candidate from the others.

The appeal goes through N.J.A.C. 4A:4-6.3, in writing, with copies to every other party, and the candidate carries the burden of proof.^[4] Filing an appeal does not hold up the list, a certification or an appointment unless the Commission or its Chair orders it.