Bill Text: NJ A973 | 2012-2013 | Regular Session | Introduced
Bill Title: Authorizes the establishment of probationary periods for nontenured faculty members at State colleges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Higher Education Committee [A973 Detail]
Download: New_Jersey-2012-A973-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Authorizes the establishment of probationary periods for nontenured faculty members at State colleges.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning faculty tenure at State colleges, supplementing P.L.1973, c.163 (C.18A:60-6 et seq.), and amending N.J.S.18A:64-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) To qualify for tenure at a State college or university established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, a faculty member shall, in addition to the requirements set forth in section 3 of P.L.1973, c.163 (C.18A:60-8), satisfactorily complete a probationary period if one is required by the board of trustees of the college or university pursuant to N.J.S.18A:64-6.
2. N.J.S.18A:64-6 is amended to read as follows:
18A:64-6. The board of trustees of a State college shall have general supervision over and shall be vested with the conduct of the college. It shall have the power and duty to:
a. Adopt and use a corporate seal;
b. Determine the educational curriculum and program of the college consistent with the programmatic mission of the institution or approved by the Commission on Higher Education;
c. Determine policies for the organization, administration and development of the college;
d. Study the educational and financial needs of the college; annually acquaint the Governor and Legislature with the condition of the college; and prepare and present the annual budget to the Governor, the Division of Budget and Accounting in the Department of the Treasury and the Legislature in accordance with law;
e. Disburse all moneys appropriated to the college by the Legislature and all moneys received from tuition, fees, auxiliary services and other sources;
f. Direct and control expenditures and transfers of funds appropriated to the college and tuition received by the college, in accordance with the provisions of the State budget and appropriation acts of the Legislature, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the State Department of the Treasury and as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions. All accounts of the college shall be subject to audit by the State at any time;
g. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation of a president of the college, who shall be the executive officer of the college and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;
h. Notwithstanding the provisions of Title 11, Civil Service, of the Revised Statutes, upon nomination by the president appoint a treasurer and such deans and other professional members of the academic, administrative and teaching staffs as defined in section 13 of P.L.1986, c.42 (C.18A:64-21.2) as shall be required and fix their compensation and terms of employment in accordance with salary ranges and policies which shall prescribe qualifications for various classifications and shall limit the percentage of the educational staff that may be in any given classification;
i. Upon nomination by the president, appoint, remove, promote and transfer such other officers, agents or employees as may be required for carrying out the purposes of the college and assign their duties, determine their salaries and prescribe qualifications for all positions, all in accordance with the provisions of Title 11, Civil Service, of the Revised Statutes;
j. Grant diplomas, certificates and degrees;
k. Pursuant to the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.) enter into contracts and agreements for the purchase of lands, buildings, equipment, materials, supplies and services; enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm, or corporation, which are deemed necessary or advisable by the board for carrying out the purposes of the college;
l. If necessary, take and condemn land and other property in the manner provided by the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), whenever authorized by law to purchase land or other property;
m. Adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations and orders, not inconsistent with the provisions of this article, that are necessary and proper for the administration and operation of the college and the carrying out of its purposes;
n. Establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food service facilities;
o. Fix and determine tuition rates and other fees to be paid by students;
p. Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property, which the board may use for or in aid of any of its purposes;
q. Acquire by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for college purposes;
r. Employ architects to plan buildings; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;
s. Manage and maintain, and provide for the payment of all charges and expenses in respect to all properties utilized by the college;
t. Borrow money for the needs of the college, as deemed requisite by the board, in such amounts, and for such time and upon such terms as may be determined by the board, provided that this borrowing shall not be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;
u. Authorize any new program, educational department or school consistent with the institution's programmatic mission or approved by the commission;
v. (Deleted by amendment, P.L.1994, c.48);
w. Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the purchase of goods and services, as distinct from contracts or agreements for the construction of buildings and other improvements, to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the State college, price and other factors considered; [and]
x. Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the construction of buildings and other improvements to the lowest responsible bidder, whose bid, conforming to the invitation for bids, will be the most advantageous to the State college; and
y. Require a probationary period for nontenured faculty members if the board determines a probationary period to be advisable. The probationary period shall be consistent with the needs of the college and national practice.
(cf: P.L.2005, c.369, s.1)
3. This act shall take effect immediately.
STATEMENT
Under current law, a faculty member of a State college or university qualifies for tenure after employment at the college for: 5 consecutive calendar years; or 5 consecutive academic years, together with employment at the beginning of the next academic year; or the equivalent of more than 5 academic years within a period of any 6 consecutive academic years. This bill provides that, in addition to the above requirements, a State college or university may authorize the establishment of a probationary period that is consistent with the needs of the college and national practice and which must be completed in order to qualify for tenure.
