Bill Text: NJ S3409 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires NJT to release bus driver's employee records to future bus company employers and to provide written response when complaint is filed against driver.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-31 - Introduced in the Senate, Referred to Senate Transportation Committee [S3409 Detail]
Download: New_Jersey-2018-S3409-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Requires NJT to release bus driver's employee records to future bus company employers and to provide written response when complaint is filed against driver.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain government records exemptions, amending P.L.2001, c.404, and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.2001, c. 404 (C.47:1A-10) is amended to read as follows:
11. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any complaint or grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that:
an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record;
personnel or pension records of any individual, including but not limited to records relating to any complaint or grievance filed against an individual, shall be accessible when required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person duly authorized by this State or the United States, or when authorized by an individual in interest; and
data contained in information which disclose conformity with specific experiential, educational, or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information, shall be a government record.
(cf: P.L.2001, c.404, s.11)
2. (New section) a. The Executive Director of the New Jersey Transit Corporation shall, upon request, provide the personnel records of any individual, including but not limited to records relating to any complaint or grievance filed against an individual employed by the corporation to operate a motorbus providing motorbus regular route service, as defined by section 3 of P.L.1979, c.150 (C.27:25-3), or employed to operate any other vehicle providing Access Link service or other paratransit services implemented by the corporation for the purposes of complying with the "Americans with Disabilities Act of 1990," Pub.L.101-336 (42 U.S.C. s.12101 et seq.), to the owner of an autobus as defined in R.S.48:4-1, school bus as defined in R.S.39:1-1, or other vehicle that provides paratransit service or other transportation services pursuant to P.L.1983, c.578 (C.27:25-25 et seq.), who seeks to employ the individual as an operator.
b. The Executive Director of the New Jersey Transit Corporation shall issue a written response to any individual who files a complaint or grievance with the corporation against an individual employed by the corporation to operate a motorbus providing motorbus regular route service, as defined by section 3 of P.L.1979, c.150 (C.27:25-3), or employed to operate any other vehicle providing Access Link service or other paratransit service implemented by the corporation for the purposes of complying with the "Americans with Disabilities Act of 1990," Pub.L.101-336 (42 U.S.C. s.12101 et seq.), which outlines the results of the investigation into the complaint or grievance and the resolution of the complaint or grievance, including but not limited to, any disciplinary action taken by the corporation against an individual or any corrective measures taken by the corporation.
3. This act shall take effect immediately.
STATEMENT
This bill requires the New Jersey Transit Corporation (NJ Transit) to provide, upon request, the personnel records of any individual, including but not limited to records relating to any complaint or grievance filed against an individual, employed by NJ Transit to operate a bus providing motorbus regular route service or other vehicle providing Access Link service or other paratransit services, to the owner of a bus, school bus, or other vehicle that provides paratransit service, who seeks to employ the individual as an operator.
The bill also requires NJ Transit to issue a written response to any individual who files a complaint or grievance with NJ Transit against an individual employed by NJ Transit to operate a bus providing motorbus regular route service or other vehicle providing Access Link service or other paratransit service, which outlines the results of the investigation into the complaint or grievance and the resolution of the complaint or grievance, including but not limited to, any disciplinary action taken by NJ Transit against an individual or any corrective measures taken by NJ Transit.
