Bill Text: NJ A4229 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs that decision by administrative law judge be considered final agency decision if Civil Service Commission has not met for more than 60 days.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-10-07 - Introduced, Referred to Assembly State and Local Government Committee [A4229 Detail]
Download: New_Jersey-2016-A4229-Introduced.html
Sponsored by:
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Directs that decision by administrative law judge be considered final agency decision if Civil Service Commission has not met for more than 60 days.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the duties of the Civil Service Commission and amending N.J.S.11A:2-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:2-3 is amended to read as follows:
11A:2-3. Members; term; quorum; vacancies; chairperson.
a. The Civil Service Commission shall consist of five members appointed by the Governor with the advice and consent of the Senate for staggered terms of four years and until the appointment and qualification of their successors. No more than three of the five members shall be of the same political party. Three members of the commission shall constitute a quorum.
b. Whenever the commission has not held a meeting with a quorum of its members for more than 60 consecutive days, any recommendation or decision rendered by an administrative law judge in the Office of Administrative Law on a matter governed by subsections a. or b. of N.J.S.11A:2-6 that was rendered after the last meeting with a quorum of commission members, but prior to the next such meeting, shall be considered a final agency decision, appealable to the Superior Court, Appellate Division.
Any recommendation or decision which has been considered a final agency decision pursuant to this subsection shall not cease to be considered a final agency decision upon the convening of a meeting with a quorum of commission members.
c. The holding over of an incumbent beyond the expiration of the term of office shall reduce, in commensurate length, the term of office of a successor. Vacancies shall be filled for the unexpired terms, in the same manner as original appointments. No member shall hold any other State or federal office or position.
d. The Governor shall designate one member to serve as the chairperson of the commission. The chairperson shall be the chief executive officer and administrator of the commission and shall devote full time to the duties of the position. The chairperson shall serve at the pleasure of the Governor.
(cf: P.L.2008, c.29, s.3)
2. This act shall take effect immediately and shall be retroactive to January 1, 2016.
STATEMENT
This bill directs that decisions by administrative law judges be considered final agency decisions if the Civil Service Commission has not met for more than 60 days.
Whenever the commission has not held a meeting with a quorum of its members for more than 60 consecutive days, any recommendation or decision rendered by an administrative law judge since the last commission meeting, but before the next meeting is held, on a matter governed by subsections a. or b. of N.J.S.11A:2-6 is to be considered a final agency decision, appealable to the Appellate Division. Any recommendation or decision which was considered a final agency decision pursuant to this bill will not cease to be considered a final agency decision upon the convening of a meeting with a quorum of commission members.
During most of 2016, the commission had only one member serving, and thus, the commission has been unable to meet and adjudicate disciplinary actions and appeals. This has created a growing list of employees waiting for a fair resolution of their disputes, even after a recommended decision has been issued by an administrative law judge. This bill would allow those recommended decisions to stand as final agency decisions so that a number of disputes might reach a resolution.
