A 4543

T&E
P.L.
2026, CHAPTER 19, approved June 30, 2026
Assembly, No. 4543
An Act concerning the February 2019 civil service
police sergeant exam.
���� Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
���� 1.��� The Legislature finds and declares that:
���� a.���� On February 23, 2019,
the New Jersey Civil Service Commission administered a promotional police
sergeant exam.
���� b.��� Following the exam, the commission's Division of
Test Development, Analytics and Administration analyzed the examination's raw
data results and recommended that, in accordance with a consent decree reached
with the United States Department of Justice, as well as existing law, the last
10 exam questions should not be scored because they disproportionately affected
Black and Hispanic candidates, revealing a disparity in racial minority and
non-racial minority candidates' performance. �The commission agreed and
released the scoring results, excluding the last 10 questions from scoring.
���� c.���� Following the commission�s decision, a challenge
of that decision was raised by several petitioners arguing that the
commission's action was arbitrary and capricious, adversely impacted the
examinees that followed the instructions, managed their time properly, and
completed the exam in the allotted time and, therefore the test results should
be nullified.
���� d.��� On August 22, 2025, an Appellate Division
decision was issued requiring that the 2019 test results be invalidated, and a
new exam be administered.
���� e.���� Following the Appellate Division decision, the
commission issued an order on November 10, 2025, which determined that the
court�s decision will only apply to police officers in Paterson and Newark who
took the 2019 exam and therefore ordered that only those officers from those
cities who were promoted following that exam be required to retake the exam.
���� f.���� The commission�s order further stated that
appointments from the police sergeant eligible lists in Newark and Paterson resulting
from the examination, as well as any other appointments from subsequent police
promotional lists of employees who were originally promoted from these police sergeant
lists were deemed conditional, pending the results of a new examination.
���� g.��� As a result of these decisions, over 100 police
officers in Newark and Paterson may face demotions.
���� h.��� The potential demotion of so many police officers
would negatively impact morale, disrupt the chain of command, compromise
internal operations, and therefore pose a risk to the public safety of two of
the State�s largest cities.
���� i.���� This potential risk to public safety poses an
unnecessary and unacceptable risk to the citizens of this State.
���� 2.��� Notwithstanding any law, rule, regulation, or
administrative decision or action to the contrary, any
promotions determined to be conditional as a result of the final administrative
action of the Civil Service Commission issued on November 10, 2025, In the
Matter of Gabriele Spallacci, et al., CSC Docket No. 2026-1023, shall be deemed
to be regular appointments as of the date the original appointments were
initially made, without need to take a new examination.� Such regular
appointments shall be considered to be permanent appointments following the
individual�s successful completion of any applicable working test period
requirements.� The personnel records of such appointees shall be adjusted by
the appointing authority as may be necessary to reflect the original
appointment dates.
���� 3.��� This act shall take effect immediately.
STATEMENT
���� This bill permits Paterson and Newark police officers
who were promoted following the February 23, 2019, police sergeants exam to
have those promotions deemed as regular appointments.
���� On February 23, 2019, the New Jersey Civil Service
Commission administered a promotional police sergeant exam.� Following the
exam, the commission's Division of Test Development, Analytics and
Administration analyzed the examination's raw data results and recommended
that, in accordance with a consent decree reached with the United States
Department of Justice, as well as existing law, the last 10 exam questions
should not be scored because they disproportionately affected Black and
Hispanic candidates, revealing a disparity in racial minority and non-racial
minority candidates' performance.� The commission agreed and released the
scoring results, which excluded the last 10 questions from scoring.
���� Following the commission�s decision, a challenge of
that decision was raised by several petitioners arguing that the commission's
action was arbitrary and capricious, adversely impacted the examinees that
followed the instructions, managed their time properly, and completed the exam
in the allotted time and, therefore the test results should be nullified.
���� On August 22, 2025, an Appellate Division decision was
issued requiring that the 2019 test results be invalidated, and a new exam be
administered.� Following the Appellate Division decision, the commission issued
an order on November 10, 2025, which determined that the court�s decision
applied only to police officers in Paterson and Newark who took the 2019 exam
and therefore ordered that only those officers from those cities who were
promoted following that exam be required to retake the exam.� The commission�s
order further stated that appointments from the police sergeant eligible lists
resulting from the examination in Newark and Paterson, as well as any other
appointments from subsequent police promotional lists of employees who were
originally promoted from these police sergeant lists were deemed conditional.�
As a result of these decisions, over 100 police officers in Newark and Paterson
may face demotions. �The potential demotion of so many police officers would
negatively impact morale, disrupt the chain of command, compromise internal
operations, and therefore pose a risk to the public safety of two of the
State�s largest cities.� This potential risk to public safety poses an
unnecessary and unacceptable risk to the citizens of this State.
���� This bill requires that any promotions determined to be
conditional as a result of the final administrative action of the Civil Service
Commission issued on November 10, 2025, In the Matter of Gabriele Spallacci, et
al., CSC Docket No. 2026-1023, will be deemed to be regular appointments as of
the date the original appointments were initially made. �Such regular
appointments will be considered to be permanent appointments following the
individual�s successful completion of any applicable working test period
requirements.� The personnel records of such appointees must be adjusted by the
commission as may be necessary to reflect the original appointment dates.
���� Permits Paterson and Newark police who were promoted
following February 2019 police sergeant exam to have those promotions deemed
regular appointments.