Bill Text: NJ A245 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises procedure for transfer of terminated employees of closed local health agency to superseding local health agency.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Housing and Community Development Committee [A245 Detail]
Download: New_Jersey-2016-A245-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JACK M. CIATTARELLI
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Revises procedure for transfer of terminated employees of closed local health agency to superseding local health agency.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning local health departments and amending P.L.1975, c.329.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 16 of P.L.1975, c.329 (C.26:3A2-16) is amended to read as follows:
16. Each person who shall have been employed as a full-time employee of a local health agency whose employment by such agency was governed by the provisions of the Civil Service law and whose employment by such agency shall have been terminated by reason of the assumption of its activities and responsibilities by another local health agency [shall] may be transferred to such other local agency[, shall] and be assigned duties comparable to those previously performed by him [, and shall be entitled to and credited with all rights and privileges accruing to him by reason of his tenure in such previous office or position, the same as if the entire period of such previous employment had been in the position to which he shall have been transferred. His compensation shall be fixed at not less than the amount received by him at the time of transfer]. The transferred employee shall be subject to layoff procedures prior to the transfer to the new agency. Once transferred, he shall be subject to any employment contracts and provisions that exist for the new agency. In the event that the new agency to which certain employees may be transferred is subject to the provisions of the Civil Service law, the Civil Service Commission shall vest only those transferred employees who have been employed for two years or more in permanent status, pursuant to N.J.S.11A:9-9, in appropriate titles, seniority, and tenure with the providing local unit based on the duties of the position.
The final decision of which employees shall transfer to the new employer is vested solely with the local unit that shall provide the service.
(cf: P.L.1975, c.329, s.16)
2. Section 17 of P.L.1975, c.329 (C.26:3A2-17) is amended to read as follows:
17. Each person who shall
have been employed as a full-time employee for a period of 2 years or more by a
local health agency whose employment by such agency was not governed by the
provisions of the Civil Service law, and whose employment by such agency shall
have been terminated by reason of the assumption of its activities and
responsibilities by another local health agency,
[shall] may
be transferred to the local health agency and be assigned duties comparable to
those previously performed by him. [He
shall be entitled to and credited with all rights and privileges accruing to
him by reason of his tenure in such previous office or position the same as if
the entire period of such employment had been in the position to which he shall
have been transferred.]
The transferred employee shall be subject to layoff procedures prior to the
transfer to the new entity. Once transferred, he shall be subject to any
employment contracts and provisions that exist for the new entity. In the
event employment by the county health department to which such person shall
have been transferred is subject to the provisions of the Civil Service law, [the board
shall forthwith certify to the Civil Service Commission, pursuant to applicable
rules of said commission, the entitlement of such person to such rights and
privileges. In such event, the Civil Service Commission shall appropriately
classify such person in the competitive civil service without examination; a
person so classified shall thereafter be subject to the provisions of the Civil
Service law with regard to the terms of his employment, promotion, tenure,
classification, compensation and like matters. His compensation shall be fixed
at not less than the amount received by him at the time of transfer] the
Civil Service Commission shall vest only those transferred employees who have
been employed for two years or more in permanent status, pursuant to
N.J.S.11A:9-9, in appropriate titles, seniority, and tenure with the providing
local unit based on the duties of the position.
The final decision of which employees shall transfer to the new employer is vested solely with the local unit that shall provide the service.
(cf: P.L.1975, c.329, s.17)
3. This act shall take effect immediately.
STATEMENT
This bill provides that, in the case of a local health agency whose activities and responsibilities are assumed by a superseding local health agency, such as a county health agency, an employee of the local health agency may be transferred to the superseding local agency, and be assigned duties comparable to those previously performed by him. The transferred employee would be subject to layoff procedures prior to the transfer to the new entity. Once transferred, the employee would be subject to any employment contracts and provisions that exist for the new entity. The final decision of which employees shall transfer to the new employer would be vested solely with the local unit that would provide the service.
The bill also provides that in the event that the superseding local health department to which certain employees may be transferred is subject to the provisions of the Civil Service law, the Civil Service Commission shall vest only those transferred employees who have been employed for two years or more in permanent status, pursuant to N.J.S.11A:9-9, in appropriate titles, seniority, and tenure with the providing local unit based on the duties of the position.
Under current law, when the activities and responsibilities of a local health agency are assumed by a superseding local health agency, all terminated employees of the old agency must be transferred to the new agency, at the same position and salary and with the same rights and privileges, which minimizes the possibility of any cost savings.
