IN THE MATTER OF JOSEPH LANG(NEW JERSEY CIVIL SERVICE COMMISSION), A-2286-14T2

Background

Joseph Lang, a Harrison Fire Department employee, passed a 2009 promotional exam for the second-level supervisor title (then Battalion Fire Chief) and ranked third on the eligible list effective Sept. 2, 2010.
In 2011 Harrison implemented layoffs and reorganized: Deputy Fire Chief and Battalion Fire Chief titles were eliminated; Fire Captain became a second-level supervisor and Fire Lieutenant was created as a first-level supervisor.
Harrison demoted Lang to Fire Fighter in 2011, later appointed him Fire Lieutenant in June 2012, and did not appoint him to second-level Fire Captain then. Nichirco and Dwyer, however, were later treated as Fire Captains and performed second-level duties after the reorganization.
Harrison failed to follow Commission certification procedures in 2011 when it reorganized, which the Civil Service Commission deemed an administrative error. The Commission revived the expired Battalion Fire Chief eligible list to retroactively appoint Nichirco and Dwyer to Fire Captain.
The Commission denied Lang’s request for a retroactive permanent appointment to Fire Captain, finding he had not performed second-level duties after 2011, was not on the list in a position that would have led to appointment given his 2011 demotion, and lacked a vested property interest. Lang appealed; the Appellate Division affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lang was entitled to a retroactive permanent appointment to second-level Fire Captain from the revived Battalion Fire Chief list	Lang: He was on the eligible list and performed second-level duties before 2011; thus he should be treated like Nichirco and Dwyer and receive retroactive appointment	Commission/Harrison: Lang had been demoted to Fire Fighter in 2011, later appointed Fire Lieutenant, did not perform second-level duties post-reorg, and Harrison could not have appointed him to the second-level slot in 2011	Denied: Lang not entitled because he was not eligible for appointment in 2011, did not perform second-level duties after reorg, and Harrison’s errors did not affect his status
Whether the Commission properly revived the expired eligible list to remedy administrative error	Lang: Revival should apply equally to him as to others on the list	Commission: Revival is discretionary to correct administrative error only where the error affected the individual’s opportunity to be appointed	Affirmed: Revival appropriate for Nichirco and Dwyer but not for Lang because the administrative error did not cause his non-appointment
Whether Lang had a vested property interest in the Fire Chief/second-level position such that retroactive appointment was required	Lang: Presence on the eligible list created entitlement	Commission: No vested interest; the list expired in 2013 and procedural prerequisites for appointment were not satisfied	Held: No vested property interest in the expired list; entitlement not established
Whether the Commission’s decision was arbitrary, capricious, or unsupported by substantial evidence	Lang: Decision irrational and inconsistent with treatment of similarly situated employees	Commission: Decision supported by record showing differences in status, duties, and eligibility	Held: Decision reasonable, supported by evidence; not arbitrary or contrary to law

Key Cases Cited

In re Stallworth, 208 N.J. 182 (review standard for agency factfinding)
Lavezzi v. State, 219 N.J. 163 (strong presumption of reasonableness for administrative agencies)
City of Newark v. Nat. Res. Council, 82 N.J. 530 (deference to agency expertise)
In re Virtua-West Jersey Hosp. Voorhees for a Certificate of Need, 194 N.J. 413 (standard for overturning agency decisions)