New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htmKenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee,GP on Personal Injury and was a speaker at the ABA Annual Meeting attended by 10,000 attorneys and professionals. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

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Sunday, December 4, 2016

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO VS. NEW JERSEY CIVIL SERVICE COMMISSION I/M/O JOB BANDING FOR SOFTWARE DEVELOPMENT SPECIALIST 1

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO VS. NEW
          JERSEY CIVIL SERVICE COMMISSION
          I/M/O JOB BANDING FOR SOFTWARE DEVELOPMENT
          SPECIALIST 1 AND 2, AND NETWORK ADMINISTRATOR 1 AND 2,
          OFFICE OF INFORMATION TECHNOLOGY
          I/M/O CHANGES IN THE STATE CLASSIFICATION
          PLAN AND JOB BANDING REQUEST, DEPARTMENT OF
          TRANSPORTATION
          A-4912-13T3/A-3041-14T3/A-0230-15T3/A-0232-15T3/ A-
          0274-15T3/ A-0275-15T3 (CONSOLIDATED)
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New Jersey State Legislature and other parties
The
challenged several administrative agency decisions rendered by the Civil Service Commission (CSC) pertaining to a Job Banding Rule (the Rule), N.J.A.C. 4A:3-3.2A. The CSC adopted and implemented the Rule after the Legislature invoked its veto power, pursuant to N.J. Const. art. V, § 4, ¶ 6 (the Legislative Review Clause), finding in numerous concurrent resolutions that the Rule conflicted with the Civil Service Act (CSA), N.J.S.A. 11A:1-1 to 12-6, which incorporated the text of N.J. Const. art. VII, § 1, ¶ 2.


We concluded that the Legislature is entitled to substantial deference when it exercises its constitutional power to invalidate an administrative rule or regulation pursuant to the Legislative Review Clause. We held, however, that we may reverse the Legislature's invalidation of an administrative executive rule or regulation if (1) the Legislature has not complied with the procedural requirements of the Legislative Review Clause; (2) its action violates the protections afforded by the Federal or New Jersey Constitution; or (3) the Legislature's concurrent resolution amounts to a patently erroneous interpretation of "the language of the statute which the rule or regulation is intended to implement."
We reversed the decisions and concluded that the Legislature validly exercised its authority under the Legislative Review Clause. We therefore set aside the Rule, in all of its amended forms.