Bill Text: NJ A2057 | 2020-2021 | Regular Session | Introduced
Bill Title: Applies law governing equal employment opportunity and affirmative action to gubernatorial transition staff members.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Appropriations Committee [A2057 Detail]
Download: New_Jersey-2020-A2057-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Co-Sponsored by:
Assemblywomen B.DeCroce, Schepisi, Murphy and Downey
SYNOPSIS
Applies law governing equal employment opportunity and affirmative action to gubernatorial transition staff members.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the applicability of the laws governing equal employment opportunity and affirmative action to gubernatorial transition staff members and amending P.L.1969, c.213.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1969, c.213 (C.52:15A-3) is amended to read as follows:
3. (a) The Director of the Division of Purchase and Property referred to hereinafter in this act as "the director," is authorized to provide, upon request, to each Governor-elect, for use in connection with his preparations for the assumption of official duties as Governor necessary services and facilities, including:
(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies as determined by the director, after consultation with the Governor-elect, or his designee provided for in subsection (e) of this section, at such place or places within the State of New Jersey as the Governor-elect shall designate;
(2) Payment of the compensation of members of office staffs designated by the Governor-elect at rates determined by him. Provided, that any employee of any agency of any branch of the State Government may be detailed to such staffs on a reimbursable or nonreimbursable basis with the consent of the head of the agency; and while so detailed such employee shall be responsible only to the Governor-elect for the performance of his duties. Provided further, that any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the State Government except for purposes of the Public Employees' Retirement System (chapter 15A of Title 43) [and] , the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.) , and the provisions of chapter 7 of Title 11A of the New Jersey Statutes concerning equal employment opportunity and affirmative action and any rule, regulation, or procedure adopted pursuant thereto;
(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the Governor-elect may be authorized at rates not to exceed $100.00 per diem for individuals;
(4) Payment of travel expenses and subsistence allowances, including rental by the State Government of hired motor vehicles, found necessary by the Governor-elect, as authorized for persons employed intermittently or for persons serving without compensation, as may be appropriate;
(5) Communications services found necessary by the Governor-elect;
(6) Payment of expenses for necessary printing and binding.
(b) The director shall expend no funds for the provision of services and facilities under this act in connection with any obligations incurred by the Governor-elect before the day following the date of the general elections.
(c) The term "Governor-elect" as used in this act shall mean such person as is the apparent successful candidate for the office of Governor, respectively, as ascertained by the Secretary of State following the general election.
(d) Each Governor-elect shall be entitled to conveyance of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as Governor.
(e) Each Governor-elect may designate to the director an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this act.
(f) In the case where the Governor-elect is the incumbent Governor there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this act, and any funds appropriated for such purposes shall be returned to the general funds of the treasury.
(g) The salary of each person receiving compensation as a member of the office staff under paragraph (2) subsection (a) of this section, other than one detailed from an agency, shall be reported to the State Ethics Commission and made available by the commission to the public. Each such person shall complete the training program required pursuant to section 2 of P.L.2005, c.382 (C.52:13D-21.1) promptly after employment, and shall be provided by the commission, and shall acknowledge receipt thereof, with all ethics materials, forms, codes, guides, orders and notices required to be distributed to State employees. The Governor-elect shall designate which of these persons shall (1) file with the commission the financial disclosure statement required of State officers and employees by law, regulation or executive order and (2) certify that the person is not in violation of ethical standards or conflicts of interest restrictions or requirements.
(cf: P.L.2005, c.382, s.14)
2. This act shall take
effect January 1 next following enactment.
STATEMENT
This bill applies the laws governing equal employment opportunity and affirmative action to gubernatorial transition staff.
In 1969, New Jersey enacted "The Gubernatorial Transition Act" in order "to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a Governor and the inauguration of a new Governor." Although staff members of the Governor-elect's transition office receive compensation through the Department of the Treasury, the act specifically states that members of the gubernatorial transition staff are not considered State employees, except with regard to the Public Employees' Retirement System and the New Jersey Conflicts of Interest Law. This bill would amend that law to also apply the laws governing equal employment opportunity and affirmative action to gubernatorial transition staff members.
