Permits Paterson and Newark police who were promoted following February 2019 police sergeant exam to have those promotions deemed regular appointments, the official text

ASSEMBLY, No. 4543

STATE OF NEW JERSEY

222nd LEGISLATURE

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblyman  AL ABDELAZIZ

District 35 (Bergen and Passaic)

Assemblyman  KENYATTA STEWART

District 35 (Bergen and Passaic)

Senator  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  M. TERESA RUIZ

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywoman Speight

SYNOPSIS

Permits Paterson and Newark police who were promoted
following February 2019 police sergeant exam to have those promotions deemed
regular appointments.

CURRENT VERSION OF TEXT

As introduced.

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.