Chapter 123:1-23 | Promotions

Rule 123:1-23-01 | Eligibility and selection for promotions.

• Effective: April 10, 2026
• Promulgated Under: 119.03

(A) The appointing authority may make a promotion in the classified civil service on the basis of merit, conduct, and/or capacity in office.

(1) Merit. Merit may be determined by administering a civil service examination. When an appointing authority conducts a civil service examination, the procedure defined in Chapters 123:1-15 and 123:1-17 of the Administrative Code shall be applicable.

(2) Conduct and capacity in office. The appointing authority may also take into consideration documents that reflect conduct and capacity in office, including, but not limited to, performance evaluations and active disciplinary record.

(B) No person will be eligible for promotion who:

(1) Has not satisfactorily completed the required probationary period set forth in Chapter 123:1-19 of the Administrative Code;

(2) Lacks the minimum qualifications prescribed in the specifications for the class involved, unless evidence is presented either that persons fully meeting the qualifications are not available or that the person possesses other special qualifications that would make it desirable that the person be considered for promotion; or

(3) Has received unsatisfactory ratings on two of the last three performance evaluations.

Last updated April 10, 2026 at 7:47 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.31
Five Year Review Date: 1/15/2031
Prior Effective Dates: 12/4/2011

Rule 123:1-23-03 | Inter-agency and intra-agency promotion; probationary period; removal or demotion.

• Effective: April 10, 2026
• Promulgated Under: 119.03

(A) Definitions. For purposes of this rule:

(1) "Inter-agency promotion" means the act of promoting an employee from one agency to another agency with a different appointing authority.

(2) "Intra-agency promotion" means the act of promoting an employee from one position to another within the same agency or appointing authority. If an employee takes a civil service examination for a classification having a higher base pay range than the employee holds at the time of the examination and is appointed from the resulting eligible list to a position in the same agency, this action will be considered a promotion.

(B) Probationary period. All promotions will be for a probationary period established in Chapter 123:1-19 of the Administrative Code.

(C) Inter-agency promotion. If an employee accepts an inter-agency promotion and is found to be unsatisfactory in the advanced position, the receiving agency may remove the employee or may demote the employee to a position within the receiving agency that is the same or similar to the position the employee held at the releasing agency prior to promotion. The employee has no right to resume a position with the releasing agency.

(D) Intra-agency promotion. If an employee accepts an intra-agency promotion and is found to be unsatisfactory in the advanced position, the employee will be demoted to the position from which the employee was promoted or to a similar position. Upon such demotion, the employee's salary will be the same that the employee was receiving prior to promotion, except for changes in pay range that may have occurred or any step increase to which the employee would have been entitled in the lower classification.

If an employee takes a civil service examination for a classification having a higher base pay range than the employee holds at the time of the examination and is appointed from the resulting eligible list to a position in the same agency, this action will be considered a promotion so far as the probationary period is concerned, and the employee will be demoted in accordance with this rule if the employee's services are found unsatisfactory.

Last updated April 10, 2026 at 7:47 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.31
Five Year Review Date: 1/15/2031
Prior Effective Dates: 1/9/1976