Bill Text: NJ S117 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits contracts of executive directors of housing authorities from including incentive bonuses for certain achievements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S117 Detail]
Download: New_Jersey-2012-S117-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Prohibits contracts of executive directors of housing authorities from including incentive bonuses for certain achievements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning executive directors of housing authorities and amending P.L.1992, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 18 of P.L.1992, c.79 (C.40A:12A-18) is amended to read as follows:
18. a. A housing authority shall appoint and may enter into a contract to employ an executive director as the authority may determine necessary for its efficient operations. The contract shall set forth the executive director's duties, compensation, and term of office, subject to the limitations set forth in subsection b. of this section, as well as reasons for which the executive director may be removed for cause. The contract shall not provide for any additional increment of salary, bonus or monetary remuneration of any kind which, in whole or in part, is intended to provide an incentive for the executive director to have the housing authority removed from the list of troubled public housing authorities maintained by the United States Department of Housing and Urban Development, or for the executive director to use federal low income tax credits to build affordable housing and market rate sale and rental units. An executive director shall be subject to an annual performance evaluation and shall comply with the provisions of section 46 or 47 of P.L.1992, c.79 (C.40A:12A-46 or 47), as appropriate, but shall not receive any additional increment of salary, bonus or monetary remuneration of any kind which, in whole or in part, is intended to provide an incentive for the executive director to have the housing authority removed from the list of troubled public housing authorities maintained by the United States Department of Housing and Urban Development, or for the executive director to use federal low income tax credits to build affordable housing and market rate sale and rental units. A housing authority may terminate an executive director for cause; however the contract shall provide an executive director with not less than 120 days' notice. A copy of the adopted contract shall be submitted to the Department of Community Affairs and filed with the clerk of the municipality or the county for which the authority has been created.
b. (1) The executive director of a housing authority shall have attained a degree from an accredited four-year college or university, and shall have at least five years' experience in public administration, public finance, realty, or similar professional employment. A master's degree in an appropriate program may substitute for two years of that experience. An executive director holding that position prior to or on the effective date of P.L.2005, c.79 and possessing the required work experience and holding certification as a Public Housing Manager (PHM) from the National Association of Housing and Redevelopment Officials, or equivalent certification from a nationally recognized professional association in the housing and redevelopment field, shall not be required to meet the educational requirement, except as otherwise provided in section 45 of P.L.1992, c.79 (C.40A:12A-45) and shall be deemed qualified for continued employment as executive director of the authority in which he holds that post and eligible for equivalent employment in any other local public housing authority in this State. An individual who meets the qualifications set forth in this paragraph may be awarded a contract which shall not exceed one year, except that any person serving as an executive director at the time this bill is adopted into law shall be eligible to be awarded a contract not exceeding five years.
(2) An individual who, in addition to having met the qualifications set forth in paragraph (1) of this subsection, has served for five years as an executive director of a housing authority, may be awarded a contract which shall not exceed five years.
c. An executive director who has not entered into a contract of employment shall serve at the pleasure of the members of the authority, and may be relieved of the duties of executive director only after not less than 120 days' notice. The authority may provide that the executive director shall be the appointing authority for all or any portion of the employees of the authority. The executive director shall assign and supervise employees in the performance of their duties. A housing authority may elect to adopt or not to adopt the provisions of Title 11A of the New Jersey Statutes regardless of whether the establishing county or municipality has or has not adopted those provisions.
(cf: P.L.2005, c.79, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill provides that an executive director of a public housing authority shall not receive any additional increment of salary, bonus or monetary remuneration of any kind which, in whole or in part, is intended to provide an incentive for the executive director to have the housing authority removed from the list of troubled public housing authorities maintained by the United States Department of Housing and Urban Development, or an incentive for the executive director to use federal low income tax credits to build affordable housing and market rate sale and rental units.
Recently, a draft of a proposed contract for the executive director of Newark's housing authority, containing such incentives, was made public. It is the sponsor's intent to ensure that incentive pay for an executive director of a housing authority to do his or her job is not a permitted contractual provision.
