Bill Text: NJ S1857 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits holding full-time municipal employment and certain other part-time public employment simultaneously.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-10 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1857 Detail]
Download: New_Jersey-2016-S1857-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
SYNOPSIS
Prohibits holding full-time municipal employment and certain other part-time public employment simultaneously.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning full-time municipal employees, and amending N.J.S.40A:9-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:9-4 is amended to read as follows:
40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any appointive office or position in county [or] government, or any appointive office or position of less than 35 hours per week in municipal government.
(3) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which the incumbent believes he or she has a conflict of duty or of interest, nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.
(4) a. (Deleted by amendment, P.L.2007, c.161).
b. (Deleted by amendment, P.L.2007, c.161).
c. For the purposes of this section [the term] :
"[elective] Elective office" [shall mean] means an office to which an incumbent is elected by the vote of the general electorate.
"Public employer" means a state, or the counties and municipalities thereof, or any other political subdivision of that state, or a school district, or any special district, or any authority, including a bi-state authority, or any commission, or board, or any branch or agency of the public service.
(5) a. Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L.2007, c.161, holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161.
b. Notwithstanding the provisions of paragraph (7) of this section, if a person, on the effective date of P.L. , c. (pending before the Legislature as this bill), holds a position as a municipal employee, and holds a position with another public employer, he or she may continue to hold the positions simultaneously if service in those positions is continuous following the effective date of P.L. , c. (pending before the Legislature as this bill).
(6) It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member.
(7) It shall be unlawful to hold a position as a full-time municipal employee, working 35 hours per week or more, and simultaneously hold an additional full- or part-time position with the municipality or another public employer. This restriction shall not apply if the additional position consists of:
a. service in the National Guard, Army Reserve, or other military service;
b. service with a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, or another volunteer position; or
c. employment or service with a public employer in which compensation is limited to the reimbursement of necessary expenses actually incurred in the discharge of duties.
(cf: P.L.2009, c.206, s.1)
2. This act shall take effect immediately.
STATEMENT
Government employment is a public trust, and confidence in government depends on the public's faith that full-time public employees are lending the main portion of their time and effort to their full-time job.
This bill prevents full-time municipal employees from also working in certain other public positions. Specifically, the bill makes it unlawful to simultaneously hold a full-time municipal position, and hold an additional full- or part-time position with the municipality or another public employer, unless the two positions are already held at the time of the bill's effective date. This restriction, however, will not apply if the additional full- or part-time position consists of any of the following:
· service in the National Guard, Army Reserve, or other military service;
· service with a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, or another volunteer position; or
· employment in which compensation is limited to reimbursement for expenses incurred in the discharge of duties.
This bill takes effect immediately upon enactment.
