The state Civil Service Commission hasn't had a meeting all year because of a lack of members. That's been a big problem for some New Jersey municipalities.
TRENTON--The borough administrator of Stanhope, dealing with a long-standing police department disciplinary case that continues to cause massive amounts of overtime to cover for a suspended officer, is waiting for a ruling from the state Civil Service Commission that would finally resolve the matter.
And waiting.
And waiting.
And waiting.
It's a wait that apparently won't end anytime soon.
The New Jersey Civil Service Commission has not met once so far this year, because it no longer has enough members. Indeed, the only current member is its chairman--with the other four seats of the bipartisan public body now vacant.
The lack of a quorum has caused headaches for cities and towns across the state, many local officials say. "Everyone is in vapor lock," complained Michael Darcy, executive director of the New Jersey League of Municipalities. "Positions are being held up."
Peter Lyden, a spokesman for the commission, said the problem began in late 2015, when two of the three sitting members of the board announced their intention to step down, leaving chairman and CEO Robert Czech the sole member of the commission. Two other seats had already gone unfilled by the Christie administration and were vacant. By the end of December, there was no longer a quorum.
Lyden said Gov. Chris Christie filed two nominations for appointment to the commission in December, but the senate did not act on the nominees.
"As a result, the Civil Service Commission has had to cancel the meetings to date due to not having a quorum," he said in a statement.
Those nominations lapsed in January 2016 with the end of the legislative session and have yet to be resubmitted.
"It is our understanding that the governor's office and the Senate continue to discuss the refiling of nominations and resolving the lack of a quorum," he said.
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Marc Pfeiffer, the former deputy director of the New Jersey Division of Local Government Services and legislative liaison to the N.J. Municipal Management Association, said the Civil Service gridlock has left towns on hold.
"The fact that this is unresolved clearly inhibits the ability of state and local government to manage its workforce," he said. "And it cuts both ways. If I'm an employer and can't implement disciplinary action, it doesn't help morale. And if I'm a worker, I may be waiting for justice."
The Civil Service Commission, which dates back to 1908, administers examinations for employment and promotions, classifies jobs, and resolves appeals and disputes before its five-member board which is appointed by the governor. No more than three members of the board may be of the same political party.
The lack of a quorum is primarily impacting the disciplinary hearings and contested matters which are heard by the board. Other issues can be handled by the commission's staff.
Mike Cerra, assistant executive director of the League of Municipalities, said the inability of the commission to adjudicate disciplinary actions and appeals is no small matter. Towns with contested civil service matters can't move ahead with many personnel matters.
"They are in a regulatory limbo until there is some resolution," he said. "The result may be overtime, legal costs and an impact on services."
He said there is a growing sense of frustration, with no sense it will be resolved.
For Stanhope Borough Administrator Brian McNeilly, it has become a major problem in his small community with 20 of its 24 employees under Civil Service. A dispute over the suspension of a police officer has triggered large overtime costs and forced the rescheduling of officers for months, while the borough awaits a ruling from the commission, he said.
"This is a major problem for us, but imagine a big community or the rest of the state," he said. "There are peoples' lives being held in limbo. It's just unbelievable."
A spokesman for the governor said there could soon be some movement on the issue.
"The governor noted in April the Legislature's reluctance to act on a host of nominations, including several cabinet members," said the spokesman, Brian Murray. "Now that we have had movement on the cabinet, perhaps there is renewed hope they will allow us to move forward and confirm appointments elsewhere."
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.