Bill Text: NJ A2140 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes certain changes concerning the appointment, duties, and tenure of the Director of Division on Civil Rights.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Judiciary Committee [A2140 Detail]
Download: New_Jersey-2010-A2140-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
SYNOPSIS
Makes certain changes concerning the appointment, duties, and tenure of the Director of Division on Civil Rights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Department of Law and Public Safety and amending and supplementing P.L.1945, c.169.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1945, c.169 (C.10:5-7) is amended to read as follows:
7. The said division shall consist of the Attorney General and the commission. The commission shall consist of 7 members; each member shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years and until his successor is appointed and qualified, except that of those first appointed, one shall be appointed for a term of 1 year, one for a term of 2 years, one for a term of 3 years and 2 for a term of 4 years. Vacancies caused other than by expiration of term shall be filled in the same manner but for the unexpired term only. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The first chairman of the commission shall be designated by the Governor and thereafter, the chairman shall be elected by the members, annually.
A director shall administer the work of the division under the direction and supervision of the Attorney General. The director shall be sworn as an Assistant Attorney General. The director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve during the term of office of the Governor. At the time of appointment, the director shall be a legal resident of the State of New Jersey and shall be an attorney in good standing, licensed to practice law in the State of New Jersey. The director may be removed from office by the Attorney General for cause upon notice and opportunity to be heard.
(cf: P.L.1963, c.40, s.3)
2. Section 8 of P.L.1945, c.169 (C.10:5-8) is amended to read as follows:
8. The Attorney General shall:
a. Exercise all powers of the division not vested in the commission.
b. [Administer] Supervise and direct the administration of the work of the division.
c. Organize the division
into sections, which shall include but not be limited to a section which shall
receive, investigate, and act upon complaints alleging discrimination against
persons because of
race, creed, color, national origin, ancestry, age, marital status, affectional
or sexual orientation, gender identity or expression, familial status,
disability, nationality or sex or because of their liability for service in the
Armed Forces of the United States; and another which shall, in order to
eliminate prejudice and to further good will among the various racial and
religious and nationality groups in this State, study, recommend, prepare and
implement, in cooperation with such other departments of the State Government
or any other agencies, groups or entities both public and private, such
educational and human relations programs as are consonant with the objectives
of this act; and prescribe the organization of said sections and the duties of
his subordinates and assistants.
d. [Appoint a] Assign to the Director of the Division on Civil Rights the authority to [, who shall] act for the Attorney General, in the Attorney General's place and with the Attorney General's powers, [which appointment shall be subject to the approval of the commission and the Governor,] including the appointment of a deputy director and such assistant directors, field representatives and assistants as may be necessary for the proper administration of the division and fix their compensation within the limits of available appropriations. The [director,] deputy director, assistant directors, field representatives and assistants shall not be subject to the Civil Service Act and shall be removable by the Attorney General or director at will.
e. Appoint such clerical force and employees as the Attorney General may deem necessary and fix their duties, all of whom shall be subject to the Civil Service Act.
f. Maintain liaison with local and State officials and agencies concerned with matters related to the work of the division.
g. Adopt, promulgate, amend, and rescind suitable rules and regulations to carry out the provisions of this act.
h. Conduct investigations, receive complaints and conduct hearings thereon other than those complaints received and hearings held pursuant to the provisions of this act.
i. In connection with any investigation or hearing held pursuant to the provisions of this act, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person, under oath, and, in connection therewith, require the production for examination of any books or papers relating to any subject matter under investigation or in question by the division and conduct such discovery procedures which may include the taking of interrogatories and oral depositions as shall be deemed necessary by the Attorney General in any investigation. The Attorney General may make rules as to the issuance of subpoenas by the director. The failure of any witness when duly subpoenaed to attend, give testimony, or produce evidence shall be punishable by the Superior Court of New Jersey in the same manner as such failure is punishable by such court in a case therein pending.
j. Issue such publications and such results of investigations and research tending to promote good will and to minimize or eliminate discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender identity or expression, familial status, disability, nationality or sex, as the commission shall direct, subject to available appropriations.
k. Render each year to the Governor and Legislature a full written report of all the activities of the division.
l. Appoint, subject to the approval of the commission, a panel of not more than five hearing examiners, each of whom shall be duly licensed to practice law in this State for a period of at least five years, and each to serve for a term of one year and until his successor is appointed, any one of whom the director may designate in his place to conduct any hearing and recommend findings of fact and conclusions of law. The hearing examiners shall receive such compensation as may be determined by the Attorney General, subject to available appropriations.
(cf: P.L.2006, c.100, s.6)
3. (New section) The person serving as the Director of the Division on Civil Rights on the date of enactment of this act may continue to serve in that capacity, at the pleasure of the Attorney General, until the appointment and qualification of a successor in accordance with the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
The legislation would make certain changes to the statutory law concerning the position of the Director of the Division on Civil Rights (director). The changes made by the bill are as follows:
Appointment: The bill provides that the director would be appointed by the Governor with the advice and consent of the Senate. Under current law, the director is appointed by the Attorney General subject to the approval of the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-7) and the Governor.
Qualifications: The bill provides that the director shall be sworn as an Assistant Attorney General, and, at the time of appointment, shall be a legal resident of New Jersey and an attorney in good standing. There is no such requirement under current law.
Tenure: The bill provides that the director shall serve during the term of office of the Governor and may be removed for cause upon notice and opportunity to be heard. Under current law, the director is removable by the Attorney General at will.
Duties: Under the provisions of the bill, the Division on Civil Rights would be under the immediate supervision of the director and the director would administer the work of the Division on Civil Rights under the direction and supervision of the Attorney General. The bill also provides that the director may act in place of the Attorney General and with the Attorney General's powers with respect to the appointment and compensation of a deputy director and such assistant directors, field representatives and assistants as may be necessary for the proper administration of the Division on Civil Rights. The bill also provides that the director may remove at will the deputy director and such assistant directors, field representatives and assistants. Under current law, the Attorney General has the power to appoint, fix the compensation of, and remove personnel.
The bill would take effect immediately upon enactment. To facilitate the transition, the bill provides that the person serving as the director on the date of enactment may continue to serve in that capacity, at the pleasure of the Attorney General, until the appointment and qualification of a successor in accordance with the bill's provisions.
