Bill Text: NJ A144 | 2014-2015 | Regular Session | Introduced
Bill Title: Replaces references to Civil Service Commission with chairperson of commission to clarify duties and responsibilities of chairperson.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly State and Local Government Committee [A144 Detail]
Download: New_Jersey-2014-A144-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Replaces references to Civil Service Commission with chairperson of commission to clarify duties and responsibilities of chairperson.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the duties and responsibilities of the chairperson of the Civil Service Commission and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:2-6 is amended to read as follows:
11A:2-6. Powers and duties. In addition to other powers and duties vested in it by this title or by any other law, the commission shall:
a. After a hearing, render the final administrative decision on appeals concerning permanent career service employees or those in their working test period in the following categories:
(1) Removal,
(2) Suspension or fine as prescribed in N.J.S.11A:2-14,
(3) Disciplinary demotion, and
(4) Termination at the end of the working test period for unsatisfactory performance;
b. On a review of the written record, render the final administrative decision on other appeals;
c. Provide for interim remedies or relief in a pending appeal where warranted;
d. Adopt and enforce rules to carry out this title and to effectively implement a comprehensive personnel management system;
e. Interpret the application of this title to any public body or entity; [and]
f. Authorize and conduct such studies, inquiries, investigations or hearings in the operation of this title as it deems necessary ; and
g. Set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances.
(cf: P.L.2008, c.29, s.6)
2. N.J.S.11A:2-7 is amended to read as follows:
11A:2-7. Subpenas; oaths. The commission or chairperson may subpena and require the attendance of witnesses in this State and the production of evidence or documents relevant to any proceeding under this title. Those persons may also administer oaths and take testimony. Subpenas issued under this section shall be enforceable by order of the Superior Court.
(cf: P.L.2008, c.29, s.7)
3. N.J.S.11A:2-11 is amended to read as follows:
11A:2-11. Powers and duties of the [commission] chairperson.
In addition to other powers and duties vested in the [commission] chairperson by this title or any other law, the [commission] chairperson:
a. [(Deleted by amendment, P.L.2008, c.29)] Shall be the principal executive and request officer of the commission, allocating the functions and activities of the commission among divisions as the chairperson may establish;
b. May appoint one deputy administrator, who shall be in the unclassified service, and other subordinate employees necessary to enforce or implement the provisions of this title. All employees [of the commission whose principal duties relate to the enforcement or implementation of this title] shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.);
c. Shall maintain a management information system necessary to carry out the provisions of this title;
d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;
e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title;
f. Shall establish and supervise the selection process and employee performance evaluation procedures;
g. (Deleted by amendment, P.L.2008, c.29);
h. [Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill);
i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;
j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;
k. [(Deleted by amendment, P.L.2008, c.29)] May establish an internship program;
l. (Deleted by amendment, P.L.2008, c.29);
m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;
n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service; [and]
o. Shall have the authority to assess costs for special or other services;
p. [(Deleted by amendment, P.L.2008, c.29)] Shall recommend rules to the commission for implementation of this title; and
q. Shall act on petitions for stay, interim relief and interlocutory review in emergent matters between meetings of the commission.
(cf: P.L.2008, c.29, s.8)
4. N.J.S.11A:2-12 is amended to read as follows:
11A:2-12. Delegation. The [commission] chairperson may delegate to an appointing authority the responsibility for classifying positions, administering examinations and other technical personnel functions according to prescribed standards, but the [commission] chairperson may not delegate any appellate or rulemaking function of the commission.
This delegation shall be written and shall conform to the provisions of this title. The [commission] chairperson may assign staff of the commission to an appointing authority to assist the appointing authority in its delegated personnel duties. The employees shall continue as employees of the commission. All delegation shall be subject to supervision by the [commission] chairperson and post-audit and may be cancelled, modified or limited at any time by the [commission] chairperson. Such delegation is to be performed in consultation with the advisory board representing political subdivisions, and approved by an affected appointing authority when the delegation requires substantial costs. The commission [, in consultation with the advisory board representing political subdivisions,] shall adopt rules to define substantial costs, upon recommendation by the chairperson. The chairperson shall consult with the advisory board representing political subdivisions, prior to submitting such recommendation.
(cf: P.L.2008, c.29, s.9)
5. Section 1 of P.L.2006, c.77 (C.11A:2-28) is amended to read as follows:
1. a. The commission shall provide, by regulation, for intergovernmental transfers by law enforcement officers, including county sheriff and corrections officers, as part of the commission's intergovernmental transfer program. These law enforcement officers, county sheriff and corrections officers shall be granted all privileges under the intergovernmental transfer program, including the option to waive all accumulated sick leave and seniority rights.
b. The waiver of accumulated sick leave and seniority rights shall require the consent in writing of the receiving jurisdiction, the affected employee, and the [commission] chairperson.
c. The sending jurisdiction shall not pay supplemental compensation for accumulated sick leave to any law enforcement officer, county sheriff or corrections officer, approved for an intergovernmental transfer and shall certify, to the receiving jurisdiction and the [commission] chairperson, that no supplemental compensation was paid.
(cf: P.L.2008, c.29, s.19)
6. N.J.S.11A:3-1 is amended to read as follows:
11A:3-1. Classification. The Civil Service Commission shall assign and reassign titles among the career service, senior executive service and unclassified service. The [commission] chairperson shall:
a. Establish, administer, amend and continuously review a State classification plan governing all positions in State service and similar plans for political subdivisions;
b. Establish, consolidate and abolish titles;
c. Ensure the grouping in a single title of positions with similar qualifications, authority and responsibility;
d. Assign and reassign titles to appropriate positions; and
e. Provide a specification for each title.
(cf: P.L.2008, c.29, s.20)
7. N.J.S.11A:3-7 is amended to read as follows:
11A:3-7. Employee compensation. a. The [commission] chairperson shall administer an equitable State employee compensation plan which shall include pay schedules and standards and procedures for salary adjustments other than as provided for in the State compensation plan for the career, senior executive and unclassified services.
b. Prior to adoption or implementation of an amendment, change or modification to the compensation plan for State employees which amendment, change or modification affects public employees represented by a majority representative selected or designated pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3), the State shall negotiate with the majority representative for an agreement on the amendment, change or modification to the compensation plan. The State shall negotiate in good faith with the majority representative. A State employee compensation plan shall not be amended, changed or modified except pursuant to a written agreement entered into between the State and the majority representative following negotiations.
c. When an employee has erroneously received a salary overpayment, the commission may waive repayment based on a review of the case.
d. Employees of political subdivisions are to be paid in reasonable relationship to titles and shall not be paid a base salary below the minimum or above the maximum established salary for an employee's title.
(cf: P.L.2008, c.29, s.26)
8. N.J.S.11A:3-8 is amended to read as follows:
11A:3-8. Payroll audits. The [commission] chairperson may audit State payrolls and the payrolls of political subdivisions to determine compliance with this title. The [commission] chairperson may order and enforce immediate compliance as necessary.
(cf: P.L.2008, c.29, s.27)
9. N.J.S.11A:4-1 is amended to read as follows:
11A:4-1. Examinations. The [commission] chairperson shall provide for:
a. The announcement and administration of examinations which shall test fairly the knowledge, skills and abilities required to satisfactorily perform the duties of a title or group of titles. The examinations may include, but are not limited to, written, oral, performance and evaluation of education and experience;
b. The rating of examinations;
c. The security of the examination process and appropriate sanctions for a breach of security; and
d. The selection of special examiners to act as subject matter specialists or to provide other assistance. Employees of the State or political subdivisions may be so engaged as part of their official duties during normal working hours with the approval of their appointing authority. Extra compensation may be provided for such service outside normal working hours[; and] .
[e.] The chairperson shall recommend rules to the commission to implement the right to appeal adverse actions relating to the examination and appointment process, which shall include but not be limited to rejection of an application, failure of an examination and removal from an eligible list.
(cf: P.L.2008, c.29, s.28)
10. N.J.S.11A:4-2 is amended to read as follows:
11A:4-2. Holding of
examinations. A vacancy shall be filled by a promotional examination when
considered by the [commission]
chairperson to be in the best interest of the career service.
(cf: P.L.2008, c.29, s.31)
11. N.J.S.11A:4-3 is amended to read as follows:
11A:4-3. Admission to examinations. If it appears that an eligible list is not likely to provide full certification for existing or anticipated vacancies from among qualified residents of this State, or of political subdivisions where required by law, the [commission] chairperson may admit other qualified nonresident applicants. Where residency preference is provided pursuant to any other statute, the [commission] chairperson may limit applicants to such classes as are necessary to establish a sufficient pool of eligibles.
(cf: P.L.2008, c.29, s.32)
12. N.J.S.11A:4-4 is amended to read as follows:
11A:4-4. Eligible lists and certifications. The [commission] chairperson shall provide for:
a. The establishment and cancellation of eligible lists;
b. The certification of an eligible list to positions in other appropriate titles; and
c. The consolidation of eligible lists which may include, but is not limited to, the combining of names of eligibles by scores.
(cf: P.L.2008, c.29, s.33)
13. N.J.S.11A:4-6 is amended to read as follows:
11A:4-6. Duration of lists. The [commission] chairperson shall set the duration of an eligible list, which shall not be more than three years from the date of its establishment, except that it may be extended by the [commission] chairperson for good cause and a list shall not have a duration of more than four years. Notwithstanding the duration of a list, the [commission] chairperson may revive a list to implement a court order or decision of the [commission] chairperson in the event of a successful appeal instituted during the life of the list or to correct an administrative error. The [commission] chairperson may revive a list to effect the appointment of an eligible whose working test period was terminated by a layoff.
(cf: P.L.2008, c.29, s.35)
14. N.S.J.11A:4-8 is amended to read as follows:
11A:4-8. Certification and appointment. The [commission] chairperson shall certify the three eligibles who have received the highest ranking on an open competitive or promotional list against the first provisional or vacancy. For each additional provisional or vacancy against whom a certification is issued at that time, the [commission] chairperson shall certify the next ranked eligible. If more than one eligible has the same score, the tie shall not be broken and they shall have the same rank. If three or more eligibles can be certified as the result of the ranking without resorting to all three highest scores, only those eligibles shall be so certified.
A certification that contains the names of at least three interested eligibles shall be complete and a regular appointment shall be made from among those eligibles. An eligible on an incomplete list shall be entitled to a provisional appointment if a permanent appointment is not made.
Eligibles on any type of reemployment list shall be certified and appointed in the order of their ranking and the certification shall not be considered incomplete.
cf: P.L.2008, c.29, s.36)
15. N.J.S.11A:4-9 is amended to read as follows:
11A:4-9. Types of eligible lists. The [commission] chairperson may establish the following types of eligible lists:
a. Open competitive, which shall include all qualified eligibles without regard to whether they are currently employed by the State or a political subdivision;
b. Promotional, which shall include qualified permanent eligibles;
c. Regular reemployment, which shall include former permanent employees who resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service. The name of any such employee shall not remain on a reemployment list for more than three years from the date of resignation, unless otherwise extended pursuant to N.J.S.11A:4-6;
d. Police or fire reemployment, which shall include former permanent uniformed members of a police or fire department who have resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service; and
e. Special reemployment, which shall include permanent employees laid off or demoted in lieu of layoff from permanent titles.
(cf: P.L.2008, c.39, s.37)
16. N.J.S.11A:4-11 is amended to read as follows:
11A:4-11. Removal on criminal record. Upon the request of an appointing authority, the [commission] chairperson may remove an eligible with a criminal record from a list when the criminal record includes a conviction for a crime which adversely relates to the employment sought. The following factors may be considered in such determination:
a. Nature and seriousness of the crime;
b. Circumstances under which the crime occurred;
c. Date of the crime and age of the eligible when the crime was committed;
d. Whether the crime was an isolated event; and
e. Evidence of rehabilitation.
The presentation to an appointing authority of a pardon or expungement shall prohibit an appointing authority from rejecting an eligible based on such criminal conviction, except for law enforcement, fire fighter or correction officer and other titles as determined by the [commission] chairperson.
(cf: P.L.2008, c.29, s.38)
17. N.J.S.11A:4-13 is amended to read as follows:
11A:4-13. Types of appointment. The [commission] chairperson shall provide for the following types of appointment:
a. Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period;
b. Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months;
c. Temporary appointments may be made, without regard to the provisions of this chapter, to temporary positions established for a period aggregating not more than six months in a 12-month period as approved by the commission. These positions include, but are not limited to, seasonal positions. Positions established as a result of a short-term grant may be established for a maximum of 12 months. Appointees to temporary positions shall meet the minimum qualifications of a title;
d. Emergency appointments shall not exceed 30 days and shall only be permitted where nonappointment will result in harm to persons or property;
e. Senior executive service appointments shall be made pursuant to N.J.S.11A:3-3; and
f. Unclassified appointments shall be made pursuant to N.J.S.11A:3-4 and N.J.S.11A:3-5.
(cf: P.L.2008, c.29, s.39)
18. N.J.S.11A:4-14 is amended to read as follows:
11A:4-14. Promotion. The [commission] chairperson shall establish the minimum qualifications for promotion and shall provide for the granting of credit for performance and seniority where appropriate.
(cf: P.L.2008, c.29, s.40)
19. N.J.S.11A:4-15 is amended to read as follows:
11A:4-15. Working test period. The purpose of the working test period is to permit an appointing authority to determine whether an employee satisfactorily performs the duties of a title. A working test period is part of the examination process which shall be served in the title to which the certification was issued and appointment made. The [commission] chairperson shall provide for:
a. A working test period following regular appointment of four months, which may be extended to six months at the discretion of the [commission] chairperson, except that the working test period [for political subdivision employees shall be three months and the working test period] for entry level law enforcement, correction officer, and firefighter titles shall be 12 months;
b. Progress reports to be made by the appointing authority and provided to the employee at such times during the working test period as provided by rules of the commission and a final progress report at the end of the entire working test period shall be provided to the employee and the [commission] chairperson;
c. Termination of an employee at the end of the working test period and termination of an employee for cause during the working test period; and
d. The retention of permanent status in the lower title by a promoted employee during the working test period in the higher title and the right to return to such permanent title if the employee does not satisfactorily complete the working test period, but employees removed for cause during a working test period shall not be so returned.
cf: P.L.2008, c.29, s.41)
20. N.J.S.11A:4-16 is amended to read as follows:
11A:4-16. Transfer, reassignment and lateral title change. The rules of the Civil Service Commission shall define and establish the procedures for transfer, reassignment and lateral title change. Employees shall be granted no less than 30 days' notice of transfer, except with employee consent or under emergent circumstances as established by rules of the Civil Service Commission. The [commission] chairperson shall provide for relocation assistance for State employees who are transferred or reassigned to a new work location due to a phasedown or closing of a State operation, subject to available appropriations. Transfers, reassignments, or lateral title changes shall not be utilized as part of a disciplinary action, except following an opportunity for hearing. Nothing herein shall prohibit transfers, reassignments, or lateral title changes made in good faith. The burden of proof demonstrating lack of good faith shall be on the employee.
(cf: P.L.2008, c.29, s.42)
21. N.J.S.11A:6-1 is amended to read as follows:
11A:6-1. Leaves. The Civil Service Commission shall designate the types of leaves and adopt rules for State employees in the career and senior executive services regarding procedures for sick leave, vacation leave and other designated leaves with or without pay as the Civil Service Commission may designate. Any political subdivision subject to the provisions of this title shall prepare procedures regarding these items.
In all cases, a leave of absence with or without pay shall not exceed a period of one year at any one time unless renewal or extension is granted upon written approval of the [commission] chairperson.
(cf: P.L.2008, c.29, s.50)
22. Section 1 of P.L.1993, c.297 (C.11A:6-1.1) is amended to read as follows:
1. The [commission] chairperson shall establish, subject to rules adopted by the commission, a voluntary furlough program for State employees under which days of leave without pay, singly or consecutively, may be taken. The seniority rights and health benefits coverage of an employee who participates in this furlough program shall continue and shall not be adversely affected by participation.
(cf: P.L.2008, c.29, s.51)
23. N.J.S.11A:6-2 is amended to read as follows:
11A:6-2. Vacation leave; full-time State employees. Vacation leave for full-time State employees in the career and senior executive service shall be at least:
a. Up to one year of service, one working day for each month of service;
b. After one year and up to five years of continuous service, 12 working days;
c. After five years and up to 12 years of continuous service, 15 working days;
d. After 12 years and up to 20 years of continuous service, 20 working days;
e. Over 20 years of continuous service, 25 working days;
f. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken by an employee in the career and senior executive service in a given year because of duties directly related to a state of emergency declared by the Governor shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the [commission] chairperson, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining; and
g. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken by an employee in the unclassified service in a given year because of duties directly related to a state of emergency declared by the Governor shall accumulate until, pursuant to a plan established by the employee's appointing authority and approved by the [commission] chairperson, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining. Nothing in this subsection shall affect any rights to vacation leave which is subject to collective negotiation or collective bargaining.
(cf: P.L.2008, c.29, s.52)
24. N.J.S.11A:6-3 is amended to read as follows:
11A:6-3. Vacation leave; full-time political subdivision employees. Vacation leave for full-time political subdivision employees shall be at least:
a. Up to one year of service, one working day for each month of service;
b. After one year and up to 10 years of continuous service, 12 working days;
c. After 10 years and up to 20 years of continuous service, 15 working days;
d. After 20 years of continuous service, 20 working days; and
e. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the employee's appointing authority and approved by the [commission] chairperson, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining
(cf: P.L.2008, c.29, s.53)
25. N.J.S.11A:6-24 is amended to read as follows:
11A:6-24. State employees in the career, senior executive and unclassified services in titles or circumstances designated by the Civil Service Commission shall be eligible for overtime compensation and holiday pay. Overtime compensation and holiday pay shall be either cash compensation at a rate representing 1 1/2 times the employee's hourly rate of base salary or compensatory time off at a rate of 1 1/2 hours for each hour worked beyond the regular workweek, at the discretion of the department head, with the approval of the [commission] chairperson.
The commission shall adopt rules for the implementation of hours of work, overtime compensation and holiday pay programs, which shall include but need not be limited to application and eligibility procedures.
(cf: P.L.2008, c.29, s.56)
26. N.J.S.11A:6-26 is amended to read as follows:
11A:6-26. Employee career development. The State Treasurer shall develop and stimulate employee career development and improve management and efficiency in State government through programs, for which an assessment to State departments may be imposed, that include but are not limited to:
a. Career mobility and transferability;
b. Employee advisory services for counseling and rehabilitation; and
c. Retirement planning[; and]
[d. Interchange and internship programs].
(cf: P.L.2008, c.29, s.58)
27. N.J.S.11A:6-27 is amended to read as follows:
11A:6-27. Political subdivisions. The [commission] chairperson may, at the request of any political subdivision, initiate programs similar to those authorized in this chapter and provide technical assistance to political subdivisions to improve the efficiency and effectiveness of their personnel management programs. The [commission] chairperson may require reasonable reimbursement from a participating political subdivision.
(cf: P.L.2008, c.29, s.59)
28. N.J.S.11A:6-28 is amended to read as follows:
11A:6-28. Employee performance evaluations. The [commission] chairperson shall establish an employee performance evaluation system for State employees in the career and senior executive services. The system shall utilize standards and criteria related to job content and program goals.
Political subdivisions may adopt employee performance evaluation systems for their employees.
The Civil Service Commission
shall adopt and enforce rules with respect to the utilization of performance
ratings in promotion, layoff
or other matters.
(cf: P.L.2008, c.29, s.60)
29. N.J.S.11A:6-29 is amended to read as follows:
11A:6-29. Awards committee. The New Jersey Employee Awards Committee shall be established within the [Civil Service Commission] Department of the Treasury. The committee shall be composed of seven persons, each of whom shall be employed in a different department within the Executive Branch. Appointments to the committee shall be made by the Governor, from nominations by the [commission] State Treasurer, for staggered terms of three years or until a successor is appointed. No member shall serve more than two consecutive full terms. Members shall serve without compensation but shall be entitled to sums incurred for necessary expenses. The [commission] State Treasurer shall designate an employee as executive secretary to the committee.
(cf: P.L.2008, c.29, s.61)
30. N.J.S.11A:6-31 is amended to read as follows:
11A:6-31. Powers and duties of the committee. The committee shall:
a. Adopt rules for the implementation of the awards programs, subject to the approval of the [commission] State Treasurer;
b. Request and receive assistance from any department in State government;
c. Prepare an annual report to the Governor from the [commission] State Treasurer concerning the operation of the awards program; and
d. Establish and supervise the awards committees in the departments in State government.
(cf: P.L.2008, c.29, s.62)
31. N.J.S.11A:7-13 is amended to read as follows:
11A:7-13. Accommodation for the handicapped and examination waiver. The [commission] chairperson may establish procedures for the reasonable accommodation of handicapped persons in the employee selection process for the State and the political subdivisions covered by this title. Pursuant to rules adopted by the Civil Service Commission, the [commission] chairperson may waive an examination for an applicant who suffers from a physical, mental or emotional affliction, injury, dysfunction, impairment or disability which:
a. Makes it physically or psychologically not practicable for that person to undergo the testing procedure for the title for which applied, but
b. Does not prevent that person from satisfactorily performing the responsibilities of the title under conditions of actual service; and
c. In making such determination, the [commission] chairperson may require the submission of sufficient and appropriate medical documentation.
(cf: P.L.2008, c.29, s.68)
32. N.J.S.11A:8-3 is amended to read as follows:
11A:8-3. Alternatives to layoff. The [commission] chairperson, in consultation with the advisory committee established pursuant to subsection m. of N.J.S.11A:2-11, may [adopt] recommend rules to the commission on voluntary reduced work time or other alternatives to layoffs. Employee participation in the program shall not affect special reemployment or retention rights.
(cf: P.L.2008, c.29, s.70)
33. N.J.S.11A:10-1 is amended to read as follows:
11A:10-1. Disapproval of salary. The Civil Service Commission or chairperson may disapprove and order the payment stopped of the salary of any person employed in violation of this title or an order of the Civil Service Commission or chairperson and recover all disapproved salary from such person. Any person or persons who authorize the payment of a disapproved salary or have employment authority over the person whose salary has been disapproved may be subject to penalties, including, but not limited to, the disapproval of their salaries and payment from their personal funds of improper expenditures of the moneys as may be provided by the rules of the Civil Service Commission. This section shall not be limited by the amounts set forth in N.J.S.11A:10-3.
(cf: P.L.2008, c.29, s.73)
34. N.J.S.11A:10-2 is amended to read as follows:
11A:10-2. Criminal violation of title or order. Any person who purposely or knowingly violates or conspires to violate any provision of this title or Civil Service Commission or chairperson order shall be guilty of a crime of the fourth degree.
(cf: P.L.2008, c.29, s.74)
35. N.J.S.11A:10-3 is amended to read as follows:
11A:10-3. Noncompliance. The Civil Service Commission or chairperson may assess all administrative costs incurred under N.J.S.11A:4-5. Other costs, charges and fines of not more than $10,000.00 may be assessed for noncompliance or violation of this title or any order of the Civil Service Commission or chairperson.
(cf: P.L.2008, c.29, s.75)
36. N.J.S.11A:10-4 is amended to read as follows:
11A:10-4. Action for enforcement. The Civil Service Commission, chairperson or other party in interest may bring an action in the Superior Court for the enforcement of this title or an order of the Civil Service Commission or chairperson.
(cf: P.L.2008, c.29, s.76)
37. Section 19 of P.L.1969, c.158 (C.18A:73-34) is amended to read as follows:
19. a. The President of Thomas Edison State College or the designee thereof shall, with the advice of the State Librarian, appoint all professional staff in the library, and fix the compensation of all such persons thus appointed. The President of Thomas Edison State College or the designee thereof shall appoint such other personnel as that person may consider necessary for the efficient performance of the work of the library and fix their compensation. All persons thus appointed shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
b. For all purposes, the employees of the State Library shall be considered employees of Thomas Edison State College.
c. Thomas Edison State College shall maintain, in a manner acceptable to the chairperson of the Civil Service Commission, the personnel records of all employees and positions currently on staff and funded. All such records shall be subject to audit by the [Civil Service Commission] chairperson.
d. The State shall be responsible for paying the entire employer contribution of the pension and benefits costs for the State Library employees whose salaries are funded from the direct State services portion of the annual appropriation for the State Library.
(cf: P.L.2008, c.29, s.86)
38. Section 1 of P.L.1974, c.44 (C.30:1-8.1) is amended to read as follows:
1. The commissioner shall be assisted in the performance of his duties by three deputy commissioners. Each deputy commissioner shall be appointed by and shall serve at the pleasure of the commissioner, and until his successor has been appointed and qualified.
Each deputy commissioner shall exercise such powers and perform such duties as the commissioner shall prescribe.
Unless otherwise provided by law, each deputy commissioner shall receive such salary as may be established by the commissioner with the approval of the chairperson of the Civil Service Commission and the Director of the Division of Budget and Accounting.
The commissioner may designate one of the deputy commissioners to exercise the powers and perform the duties of the commissioner during his disability or absence.
(cf: P.L.2008, c.29, s.88)
39. Section 36 of P.L.1987, c.444 (C.38A:3-2h) is amended to read as follows:
36. Each director shall receive such salary as may be established by the Adjutant General with the approval of the chairperson of the Civil Service Commission and the Director of the Division of Budget and Accounting.
(cf: P.L.2008, c.29, s.92)
40. Section 5 of P.L.2003, c.13 (C.39:2A-5) is amended to read as follows:
5. a. Upon the abolishment of the division, all career service employees serving in the division on that date shall be employees of the commission and shall be transferred to the commission pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.) and shall retain their present career service employment status and their collective bargaining status, including all rights of tenure, retirement, pension, disability, leave of absence, or similar benefits. Future employees of the commission shall be hired consistent with the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder.
b. Upon action of the commission, all agency employees shall become employees of the commission. Such employees shall be assigned to appropriate titles by the chairperson of the Civil Service Commission. Those private motor vehicle agency employees who were employed by the agency on or before January 1, 2003 and who are assigned to career service titles upon employment with the commission shall, upon completion of the special probationary period described in section 7 of P.L.2003, c.13 (C.39:2A-7), attain permanent, regular appointments in their respective titles. No special probationary period shall be required for those who have previously completed a probationary period during their previous State service employment. Except for managerial and confidential employees as defined by the "New Jersey Employer - Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), such employees shall be covered under the State of New Jersey's collective bargaining agreements and shall obtain all employment and collective bargaining rights consistent therewith.
c. Officers and employees
of the commission shall be enrolled in the Public Employees' Retirement System
and shall be eligible to participate in the State Health Benefits Program
established pursuant to the "New Jersey State Health Benefits Program
Act,"
P.L.1961, c.49 (C.52:14-17.25 et seq.).
(cf: P.L.2008, c.29, s.93)
41. Section 1 of P.L.1976, c.132 (C.40A:14-10.1a) is amended to read as follows:
1. a. In any municipality of this State, before any person shall be appointed as a member of the paid fire department or paid member of a part-paid fire department, the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes:
I. Residents of the municipality.
II. Other residents of the county in which the municipality is situate.
III. Other residents of the State.
IV. All other qualified applicants.
Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within 6 months prior to making application to such municipality, who fulfill the requirements of N.J.S.40A:14-10.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.
Preference in appointment second to that accorded to veterans pursuant to current law but superseding that accorded non-veterans shall be accorded all duly qualified applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a member of any paid fire department or paid member of any part-paid fire department in the State at any time prior to the closing date for the filing of an application, provided that required documentation is submitted with the application by the closing date.
When a veteran and a non-veteran whose parent was killed in the lawful discharge of official duties while serving as a member of any paid fire department, or paid member of any part-paid fire department are duly qualified applicants for a position, first preference shall be given to the veteran.
b. In any municipality which classifies qualified applicants pursuant to subsection a. of this section, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
c. In any such municipality operating under the provisions of Title 11A of the New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the chairperson of the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from said classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the fire department.
e. In making temporary appointments such appointing authority shall utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
(cf: P.L.2008, c.29, s.97)
42. Section 2 of P.L.1976, c.132 (C.40A:14-123.1a) is amended to read as follows:
2. a. In any municipality of this State, before any person shall be appointed as a member of the police department and force, the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes:
I. Residents of the municipality.
II. Other residents of the county in which the municipality is situate.
III. Other residents of the State.
IV. All other qualified applicants.
Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within 6 months prior to making application to such municipality who fulfill the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.
Preference in appointment second to that accorded to veterans pursuant to current law but superseding that accorded non-veterans shall be accorded all duly qualified applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State at any time prior to the closing date for the filing of an application, provided that required documentation is submitted with the application by the closing date. This paragraph shall not, however, be applicable if the municipality has entered into a consent decree with the United States Department of Justice concerning the hiring practices of the municipality.
When a veteran and a non-veteran whose parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State are duly qualified applicants for a position, first preference shall be given to the veteran.
As used in this section, "law enforcement officer" means any person who is employed as a permanent full-time member of an enforcement agency, who is statutorily empowered to act for the detection, investigation, arrest and conviction of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved, or certified as being substantially equivalent to such an approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.); and "law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which has by statute or ordinance the responsibility of detecting and enforcing the general criminal laws of this State.
b. In any municipality which classifies qualified applicants pursuant to subsection a. of this section, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
c. In any such municipality operating under the provisions of Title 11A of the New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the chairperson of the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from said classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the police department.
e. In making temporary appointments the appointing authority may utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the positions to be temporarily filled.
(cf: P.L.2008, c.29, s.98)
43. Section 1 of P.L.1996 c.140 (C.40A:14-182) is amended to read as follows:
1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established and maintains a paid or part-paid fire department and force or the board of fire commissioners in the case of a fire district established pursuant to the provisions of N.J.S.40A:14-70 et seq., may appoint as a member or officer of that fire department or force any person who:
(1) was serving as a civilian federal firefighter in good standing at any U.S. military installation in the State;
(2) satisfactorily completed such firefighter training as is required for employment as a civilian federal firefighter; and
(3) was, as a consequence of the closure of a federal military installation in this State, terminated as a civilian federal firefighter within 60 months prior to the appointment.
b. A municipality may employ such a person notwithstanding that:
(1) Title 11A, Civil Service, of the New Jersey Statutes is operative in that municipality;
(2) the municipality has available to it an eligible or regular reemployment list of persons eligible for such appointments; and
(3) the appointed person is not on any eligible list. A municipality which has adopted Title 11A, Civil Service, may not employ such a person if a special reemployment list is in existence for the firefighter title to be filled.
c. If a municipality determines to appoint a person pursuant to the provisions of this act, it shall give first priority in making such appointments to residents of the municipality and second priority to residents of the county not residing in the municipality.
d. The seniority, seniority-related privileges and rank a civilian federal firefighter possessed while employed at a federal military installation shall not be transferable to a position in a municipal fire department and force obtained pursuant to the provisions of this section.
e. To effectuate the purposes of this section, the Civil Service Commission shall prepare and circulate, to those municipalities which have established and maintain fire departments and forces pursuant to N.J.S.40A:14-7, and to boards of fire commissioners in the case of fire districts established pursuant to the provisions of N.J.S.40A:14-70 et seq., a list of civilian federal firefighters eligible for appointment under the provisions of this section. The chairperson of the Civil Service Commission shall also circulate the list to municipalities and fire districts that have not adopted Title 11A, Civil Service, of the New Jersey Statutes.
Placement on the list compiled by the department shall be governed by length of service as a federal firefighter. A federal firefighter may apply for placement on the list at the time he or she receives a notice of termination of position or a priority placement program notice, and shall remain on the list for a period of four years.
(cf: P.L.2010, c.43, s.2)
44. Section 27 of P.L.2007, c.63 (C.40A:65-27) is amended to read as follows:
27. a. Once a consolidation has been approved by the affected municipal governing bodies or voters, the division shall create a task force of State departments, offices and agencies, as it deems appropriate, and representatives of affected negotiations units, to facilitate the consolidation and provide technical assistance.
b. When a consolidation plan provides that the consolidated municipality will be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes the chairperson of the Civil Service Commission is specifically authorized to create a consolidation implementation plan to vest non-civil service employees, based on the education and experience of the individuals, in appropriate titles and tenure.
c. Whenever a referendum question to decide if a consolidated municipality shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes fails, the employees of a municipality already subject to that Title shall be given non-civil service titles in the new entity and previously held tenure shall be vacated.
d. The Public Employment Relations Commission is authorized to provide technical advice, pursuant to section 12 of P.L.1968, c.303 (C.34:13A-8.3), to assist a new municipality and existing labor unions to integrate separate labor agreements into consolidated agreements and to adjust the structure of collective negotiations units, as the commission determines appropriate for the consolidated municipality.
(cf: P.L.2008, c.29, s.103)
45. Section 2 of P.L1974, c.55 (C.52:14-15.108) is amended to read as follows:
2. The salary ranges for the following positions shall be as established by the chairperson of the Civil Service Commission with the approval of the Director, Division of Budget and Accounting. The salary rate for any such position shall be the salary step in such range next above the salary currently being paid; provided, however, that any sums appropriated for salaries may be made available for salary adjustments therein arising from various exigencies of the State service and for normal merit salary increments as the chairperson of the Civil Service Commission, the State Treasurer and the Director of the Division of Budget and Accounting shall determine; and provided, further, that nothing in this act shall reduce the salary rate for any such position below that which is being paid on the effective date of this act:
Community Affairs Department
Assistant Commissioner of Community Affairs
Director, Division of State and Regional Planning
Director, Division of Local Government Services
Director, Division of Housing and Urban Renewal
Director, Office of Aging Programs
Director, Office on Women
Environmental Protection Department
Director, Division of Water Resources
Director, Division of Parks and Forestry
Director of Fish, Game and Shell Fisheries
Director, Division of Marine Services
Director, Division of Environmental Quality
Health and Senior Services Department
Director, Division of Narcotic and Drug Abuse Control
Corrections Department
Chairman, State Parole Board
Associate Member, State Parole Board
Public Defender
Labor and Workforce Development Department
Director, Workplace Standards
Law and Public Safety Department
Colonel and Superintendent, State Police
State Medical Examiner
Director, Division of Alcoholic Beverage Control
State Superintendent of Weights and Measures
Public Utilities Department
Director, Office of Cable Television
Executive Director, Public Broadcasting
State Department
Transportation Department
Assistant Commissioner for Highways
Assistant Commissioner for Public Transportation
Chief Administrator, New Jersey Motor Vehicle Commission
Treasury Department
Director, Division of Budget and Accounting
Director, Division of Taxation
Director, Division of Purchase and Property
Director, Division of Pensions and Benefits
Director, Division of State Lottery.
(cf: P.L.2008, c.29, s.107)
46. Section 6 of P.L.1995, c.284 (C.52:17B-174) is amended to read as follows:
6. a. The Juvenile Justice Commission shall employ, within the limits of available funds, juvenile corrections officers to staff each State secure juvenile facility and to provide security for other State juvenile facilities and programs including parole programs as deemed appropriate and to perform all other duties related to enforcement of confinement and conditions of release including execution of warrants and legal process. Juvenile corrections officers shall be in the competitive division of the career service established pursuant to N.J.S.11A:3-2, "policemen" within the meaning of section 1 of P.L.1944, c.255 (C.43:16A-1) and members of the Police and Firemen's Retirement System of New Jersey established pursuant to section 2 of P.L.1944, c.255 (C.43:16A-2), and shall be "employees" within the meaning of section 3 of P.L.1941, c.100 (C.34:13A-3).
b. Except as provided in subsection c. of this section, no person shall be appointed as a juvenile corrections officer unless that person:
(1) Is a citizen of the United States;
(2) Is able to read, write and speak the English language well and intelligently;
(3) Has a high school diploma or its equivalent;
(4) Is sound in body and of good health;
(5) Is of good moral character;
(6) Has not been convicted of any offense which would make the person unfit to perform the duties of a juvenile corrections officer;
(7) Has successfully completed the training course approved by the Police Training Commission and required by section 5 of P.L.1988, c.176 (C.52:17B-68.1) or is exempt pursuant to the provisions of that section; and
(8) Meets such other qualifications, including education and training, as may be specified by the commission in consultation with the chairperson of the Civil Service Commission.
c. (1) Pending appointment of a full complement of juvenile corrections officers who meet the requirements of subsection b. of this section, the commission and the Commissioner of Corrections shall arrange through agreement for the assignment of corrections officers necessary to fill the positions transferred pursuant to section 8 of P.L.1995, c.284 (C.52:17B-176). Corrections officers assigned to the commission pursuant to such an agreement shall be under the supervision of the commission during the period of assignment as provided by the agreement between the commission and the Commissioner of Corrections. The primary concerns of all agreements governing assignment and supervision shall be public safety and safety within the facilities and programs. No officer assigned pursuant to such an agreement shall, by virtue of such assignment, be considered an employee of the commission or lose or suffer any diminution of any right, power, privilege or benefit to which the employee would otherwise be entitled pursuant to the provisions of Title 11A of the New Jersey Statutes, Title 34 of the Revised Statutes, or Title 43 of the Revised Statutes, including any rights, powers, privileges or benefits as to salary, seniority, promotion, re-employment, retirement, pension or representation for purposes of collective bargaining;
(2) Notwithstanding the provisions of subsection b. of this section, a corrections officer assigned to the commission pursuant to this section shall not be considered ineligible for the position of juvenile corrections officer solely because the officer does not meet any educational or training requirement the commission may establish and may be appointed as a juvenile corrections officer if the officer applies for such position within 18 months of the effective date of this act. A juvenile corrections officer appointed pursuant to this subsection shall not be deprived of any right or protection provided by Title 11A of the New Jersey Statutes or any pension or retirement system and, notwithstanding any law or regulation to the contrary, shall be eligible to compete for vacant positions within the Department of Corrections with full credit for experience, service and rank earned as an employee of the Department of Corrections and such credit for experience, service and rank earned as an employee of the commission as the Commissioner of Corrections, after consultation with the chairperson of the Civil Service Commission, deems appropriate.
d. Each juvenile corrections officer shall by virtue of such employment and in addition to any other power or authority, be empowered to act as an officer for the detection, apprehension, arrest and adjudication of offenders against the law and, subject to regulations promulgated by the commission and conditions set forth in N.J.S.2C:39-6, shall have the authority to possess and carry a firearm.
(cf: P.L.2008, c.29, s.111)
47. Section 24 of P.L.1999, c.152 (C.13:8C-24) is amended to read as follows:
24. a. (1) There is established in the Department of Environmental Protection the Office of Green Acres. The commissioner may appoint an administrator or director who shall supervise the office, and the department may employ such other personnel and staff as may be required to carry out the duties and responsibilities of the department and the office pursuant to this act, all without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes. Persons appointed or employed as provided pursuant to this subsection shall be compensated in a manner similar to other employees in the Executive Branch, and their compensation shall be determined by the chairperson of the Civil Service Commission.
(2) The Green Acres Program in the Department of Environmental Protection, together with all of its functions, powers and duties, are continued and transferred to and constituted as the Office of Green Acres in the Department of Environmental Protection. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Green Acres Program, the same shall mean and refer to the Office of Green Acres in the Department of Environmental Protection. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
b. The duties and responsibilities of the office shall be as follows:
(1) Administer all provisions of this act pertaining to funding the acquisition and development of lands for recreation and conservation purposes as authorized pursuant to Article VIII, Section II, paragraph 7 of the State Constitution;
(2) Continue to administer all grant and loan programs for the acquisition and development of lands for recreation and conservation purposes, including the Green Trust, established or funded for those purposes pursuant to: P.L.1961, c.45 (C.13:8A-1 et seq.); P.L.1971, c.419 (C.13:8A-19 et seq.); P.L.1975, c.155 (C.13:8A-35 et seq.); or any Green Acres bond act; and
(3) Adopt, with the approval of the commissioner and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:
(a) establishing application procedures for grants and loans for the acquisition and development of lands for recreation and conservation purposes, criteria and policies for the evaluation and priority ranking of projects for eligibility to receive funding for recreation and conservation purposes using constitutionally dedicated moneys, any conditions that may be placed on the award of a grant or loan for recreation and conservation purposes pursuant to this act, and any restrictions that may be placed on the use of lands acquired or developed with a grant or loan for recreation and conservation purposes pursuant to this act. The criteria and policies established pursuant to this subparagraph for the evaluation and priority ranking of projects for eligibility to receive funding for recreation and conservation purposes using constitutionally dedicated moneys may be based upon, but need not be limited to, such factors as: protection of the environment, natural resources, water resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas, stream corridors, beaches and coastal resources, forests and grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened, or endangered species, and plants; degree of likelihood of development; promotion of greenways; provision for recreational access and use; protection of geologic, historic, archaeological, and cultural resources; relative cost; parcel size; and degree of public support; and
(b) addressing any other matters deemed necessary to implement and carry out the goals and objectives of Article VIII, Section II, paragraph 7 of the State Constitution and this act with respect to the acquisition and development of lands for recreation and conservation purposes; and
(4) Establishing criteria and policies for the evaluation and priority ranking of State projects to acquire and develop lands for recreation and conservation purposes using constitutionally dedicated moneys, which criteria and policies may be based upon, but need not be limited to, such factors as: protection of the environment, natural resources, water resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas, stream corridors, beaches and coastal resources, forests and grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened, or endangered species, and plants; degree of likelihood of development; promotion of greenways; provision for recreational access and use; protection of geologic, historic, archaeological, and cultural resources; relative cost; parcel size; and degree of public support.
(cf: P.L.2008, c.29, s.114)
48. N.J.S.11A:11-2 is amended to read as follows:
11A:11-2. a. The Department of Personnel is abolished as a principal department in the Executive Branch of State government. The offices and terms of the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and the directors of the various divisions and offices of the Department of Personnel are terminated, except as otherwise provided by P.L.2008, c.29.
b. The functions, powers, and duties of the Department of Personnel, the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and directors of the various divisions and offices of the Department of Personnel are continued and transferred as provided by P.L.2008, c.29. The State Treasurer may allocate the functions, powers, and duties transferred to the Department of the Treasury or the State Treasurer by P.L.2008, c.29 among such divisions or subdivisions in the Department of the Treasury as the State Treasurer deems appropriate or as the State Treasurer may establish.
c. (1) The Division of Equal Employment Opportunity and Affirmative Action as constituted in the Department of Personnel, with its functions, powers, and duties, and those of the Commissioner of Personnel and the Merit System Board with regard to that division, is continued and transferred to the Department of the Treasury, except with regard to the power to adjudicate complaints of violations of the State policy against discrimination which power shall remain with the Civil Service Commission. The functions, powers, and duties of the Division of Equal Employment Opportunity and Affirmative Action shall be allocated within the department as the State Treasurer shall determine.
The Equal Employment Opportunity Advisory Commission as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine. The members of the Equal Employment Opportunity Advisory Commission shall continue as members of the commission for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.
(2) The planning and research unit and function as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine.
d. The Working Well NJ State employee wellness program as constituted in the Department of Personnel is continued and transferred to the Department of Health and Senior Services to be allocated within that department as the commissioner shall determine.
e. The toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline as constituted in the Department of Personnel is continued and transferred to the Department of Health and Senior Services, pursuant to sections 115 to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2), to be allocated within that department as the commissioner shall determine.
f. The New Jersey Employee Awards Committee as constituted in the [Department of Personnel] Civil Service Commission as of the effective date of P.L. , c. (pending before the Legislature as this bill) is continued and transferred to the [Civil Service Commission] Department of the Treasury. The members of the New Jersey Employee Awards Committee shall continue as members of the committee for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.
g. The commission shall develop a plan for the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and for transfer to the commission of such employees, positions, funding, facilities, equipment, powers, and duties from throughout the executive branch of State government as necessary and appropriate to effectuate such consolidation and coordination.
h. The commission shall submit the plan prepared pursuant to subsection g. of this section to the Governor for review and approval. With the approval of the Governor and in accordance with regulations adopted by the commission, the commission, pursuant to the approved plan, shall direct the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation and workforce planning, in the executive branch of State government and transfer to the commission such employees, positions, funding, facilities, equipment, powers, duties and functions from throughout the executive branch of State government to effectuate such consolidation and coordination. The commission shall organize these functions in such units as the commission determines are necessary for the efficient operation of the commission and in such a manner as will provide the appointing authorities and all State employees with proper support in personnel matters. The consolidation shall not apply to those functions which the commission has determined are unique to each department or agency in its capacity as an appointing authority.
i. Each department, office, division, bureau or agency in the executive branch of State government shall cooperate with the commission and make available to the commission such information, personnel and assistance necessary to effectuate the purposes of P.L.2008, c.29.
j. This section shall not be construed to permit or require negotiations pursuant to the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), of any rule or regulation promulgated by the State Treasurer or Civil Service Commission pursuant to this section or any other section of this title.
(cf: P.L.2008, c.29, s.78)
49. This act shall take effect immediately.
STATEMENT
This bill replaces references to the Civil Service Commission in various sections of Title 11A of the New Jersey Statutes (Civil Service), and in various other statutes, with the chairperson of the commission in order to clarify the duties and responsibilities of the chairperson. The Civil Service Commission was created in 2008 when the Department of Personnel was abolished. This bill makes corrective and clarifying adjustments to the statutes deemed necessary following that reorganization.
In addition, the bill transfers the State Employee Awards Committee from the Civil Service Commission to the Department of the Treasury and the responsibility for internship programs from the Department of the Treasury to the Civil Service Commission. The bill permits the chairperson of the commission to appoint a deputy administrator and changes the working test period for regular appointments of political subdivision employees from three to four months.
