New Jersey-2010-A2956-Introduced

An Act concerning seniority and reductions in force in Civil Service and other jurisdictions and amending various sections of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1968, c.303 (C.34:13A:5.2) is amended to read as follows:

6. There is hereby established in the Division of Public Employment Relations a commission to be known as the New Jersey Public Employment Relations Commission. This commission, in addition to the powers and duties granted by this act, shall have in the public employment area the same powers and duties granted to the labor mediation board in sections 7 and 10 of P.L.1941, c.100, and in sections 2 and 3 of P.L.1945, c.32. This commission shall make policy and establish rules and regulations concerning employer-employee relations in public employment relating to dispute settlement, grievance procedures and administration including enforcement of statutory provisions concerning representative elections and related matters and to implement fully all the provisions of this act. The commission shall receive the certification of an appointing authority and either approve or disapprove the requested reductions in force in police and fire departments in counties and municipalities that have not adopted Title 11A, Civil Service, of the New Jersey Statutes in a manner similar to the procedure established in paragraph (2) of subsection e. of N.J.S.40A:8-1. The commission shall consist of seven members to be appointed by the Governor, by and with the advice and consent of the Senate. Of such members, two shall be representative of public employers, two shall be representative of public employee organizations and three shall be representative of the public including the appointee who is designated as chairman. Of the first appointees, two shall be appointed for two years, two for a term of three years and three, including the chairman, for a term of four years. Their successors shall be appointed for terms of three years each, and until their successors are appointed and qualified, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whose office has become vacant.

The members of the commission, other than the chairman, shall be compensated at the rate of $250.00 for each six hour day spent in attendance at meetings and consultations and shall be reimbursed for necessary expenses in connection with the discharge of their duties except that no commission member who receives a salary or
other form of compensation as a representative of any employer or employee group, organization or association, shall be compensated by the commission for any deliberations directly involving members of said employer or employee group, organization or association. Compensation for more, or less than, six hours per day, shall be prorated in proportion to the time involved.

The chairman of the commission shall be its chief executive officer and administrator, shall devote his full time to the performance of his duties as chairman of the Public Employment Relations Commission and shall receive such compensation as shall be provided by law.

(cf: P.L.1987, c.456, s.1)

2. N.J.S.11A:8-1 is amended to read as follows:

11A:8-1. a. A permanent employee may be laid off for economy, efficiency or other related reason. A permanent employee shall receive 45 days' written notice, unless in State government a greater time period is ordered by the chairperson of the commission, which shall be served personally or by certified mail, of impending layoff or demotion and the reasons therefor. The notice shall expire 120 days after service unless extended by the chairperson of the commission for good cause. At the same time the notice is served, the appointing authority shall provide the chairperson of the commission with a list of the names and permanent titles of all employees receiving the notice. The Civil Service Commission shall adopt rules to implement employee layoff rights consistent with the provisions of this section, upon recommendation by the chairperson of the commission. The chairperson of the commission shall consult with the advisory board representing labor organizations prior to such recommendations.

b. Permanent employees in the service of the State or a political subdivision shall be laid off in inverse order of seniority. As used in this subsection, "seniority" means the length of continuous permanent service in the jurisdiction, regardless of title held during the period of service, except that for police and firefighting titles, "seniority" means the length of continuous permanent service only in the current permanent title and any other title that has lateral or demotional rights to the current permanent title. Seniority for all titles shall be based on the total length of calendar years, months and days in continuous permanent service regardless of the length of the employee's work week, work year or part-time status.

c. For purposes of State service, a "layoff unit" means a department or autonomous agency and includes all programs administered by that department or agency. For purposes of political subdivision service, the "layoff unit" means a department in a county or municipality, an entire autonomous agency, or an entire school district, except that the chairperson of the commission may establish broader layoff units.

d. For purposes of State service, "job location" means a county. The chairperson of the commission shall assign a job location to every facility and office within a State department or autonomous agency. For purposes of local service, "job location" means the entire political subdivision and includes any facility operated by the political subdivision outside its geographic borders.

e. [For] (1) Except as provided for in subparagraph (2) of this paragraph, for the purposes of determining lateral title rights in State and political subdivision service, title comparability shall be determined by the commission based upon whether the: [(1)] (a) titles have substantially similar duties and responsibilities; [(2)] (b) education and experience requirements for the titles are identical or similar; [(3)] (c) employees in an affected title, with minimal training and orientation, could perform the duties of the designated title by virtue of having qualified for the affected title; and [(4)] (d) special skills, licenses, certifications or registration requirements for the designated title are similar and do not exceed those which are mandatory for the affected title. Demotional title rights shall be determined by the chairperson of the commission based upon the same criteria, except that the demotional title shall have lower but substantially similar duties and responsibilities as the affected title.

(2) Notwithstanding the provisions of subparagraph (1) of this subsection, an appointing authority may certify that a permanent employee, who is less senior in a title and is affected by the exercise of a lateral or demotional title right by a more senior permanent employee, is more critical and essential to the State or political subdivision based upon business and operational necessity and should not be removed from his job and responsibilities. The appointing authority's certification shall include the skills, licenses and certifications required, if any, the nature of the job activity, and why the more senior employee who would replace the individual does not possess the essential requirements necessary to meet the needs of the State or affected political subdivision. The appointing authority shall submit the certification to the chairperson of the commission, along with any other required layoff information, prior to the proposed effective date of the layoff, but shall not implement the layoff until approved by the chairperson.

f. In State service, a permanent employee in a position affected by a layoff action shall be provided with applicable lateral and demotional title rights first, at the employee's option, within the municipality in which the facility or office is located and then to the job locations selected by the employee within the department or autonomous agency. The employee shall select individual job locations in preferential order from the list of all job locations and shall indicate job locations at which the employee will accept lateral and demotional title rights. In local service, a permanent employee in a position affected by a layoff action shall be provided lateral and demotional title rights within the layoff unit.

g. Following the employee's selection of job location preferences, lateral and demotional title rights shall be provided in the following order:

(1) a vacant position that the appointing authority has previously indicated it is willing to fill;

(2) a position held by a provisional employee who does not have permanent status in another title, and if there are multiple employees at a job location, the specific position shall be determined by the appointing authority;

(3) a position held by a provisional employee who has permanent status in another title, and if there are multiple provisional employees at a job location, the specific position shall be determined based on level of the permanent title held and seniority;

(4) the position held by the employee serving in a working test period with the least seniority;

(5) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was significantly below standards or an equivalent rating;

(6) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was marginally below standards or an equivalent rating; and

(7) the position held by the permanent employee with the least seniority.

h. A permanent employee shall be granted special reemployment rights based on the employee's permanent title at the time of the layoff action and the employee shall be certified for reappointment after the layoff action to the same, lateral and lower related titles. Special reemployment rights shall be determined by the chairperson of the commission in the same manner as lateral and demotional rights.

i. Notwithstanding the provisions above, at no time shall any person on a military leave of absence for active service in the Armed Forces of the United States in time of war or emergency be laid off.

(cf: P.L.2008, c.29, s.69)

3. N.J.S.40A:14-25 is amended to read as follows:

40A:14-25. The governing body of any municipality, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers of the paid or part-paid fire department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes has been adopted, any action taken under this section shall be subject to the provisions of paragraph (2) of subsection e. of N.J.S.11A:8-1. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes has not been adopted, actions taken under this section shall be subject to similar requirements as found in paragraph (2) of subsection e. of N.J.S.11A:8-1, except that the appointing authority shall file the certification required in that paragraph with the Public Employment Relations Commission, prior to the effective date of the proposed layoff, and in accordance with the rules and regulations promulgated by the Public Employment Relations Commission for this purpose. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank, and in the case of termination of service and new appointment, prior consideration shall be given to the persons on said special employment list.

(cf: N.J.S.40A:14-25)

4. N.J.S.40A:14-115 is amended to read as follows:

40A:14-115. The board of chosen freeholders of any county, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers of the police department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. In any county wherein Title 11A, Civil Service, of the New Jersey Statutes has been adopted, any action taken under this section shall be subject to the provisions of paragraph (2) of subsection e. of N.J.S.11A:8-1. In any county wherein Title 11A, Civil Service, of the New Jersey Statutes has not been adopted, actions taken under this section shall be subject to similar requirements as found in paragraph (2) of subsection e. of N.J.S.11A:8-1, except that the appointing authority shall file the certification required in that paragraph with the Public Employment Relations Commission, prior to the effective date of the proposed layoff, and in accordance with the rules and regulations promulgated by the Public Employment Relations Commission for this purpose. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank, and in the case of termination of service and new appointment, prior consideration shall be given to the persons on said special employment list.

(cf: N.J.S.40A:14-115)

5. N.J.S.40A:14-143 is amended to read as follows:

40A:14-143. The governing body of any municipality, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers of the police department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes has been adopted, any action taken under this section shall be subject to the provisions of paragraph (2) of subsection e. of N.J.S.11A:8-1. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes has not been adopted, actions taken under this section shall be subject to similar requirements as found in paragraph (2) of subsection e. of N.J.S.11A:8-1, except that the appointing authority shall file the certification required in that paragraph with the Public Employment Relations Commission, prior to the effective date of the proposed layoff, and in accordance with the rules and regulations promulgated by the Public Employment Relations Commission for this purpose. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank and in the case of termination of service and new appointment, prior consideration shall be given to the persons on said special employment list.

(cf: N.J.S.40A:14-143)

6. This act shall take effect immediately.

STATEMENT

This bill would modify existing civil service rules to permit the State, a county or a municipality to lay off, as part of a reduction in force, individuals with more seniority in the event the less senior individual possesses essential skills necessary to meet the needs of the county or municipality. When terminating a more senior employee instead of a less senior employee, the appointing authority must certify to the chairperson of the Civil Service Commission that the less senior employee has specialized skills, licenses, certifications, or other qualifications that the more senior employee does not possess and that those skills are essential to the operation of the county or municipal department. In the event that the reduction in force occurs in a county or municipality that has not adopted the civil service rules, the appointing authority must notify the Public Employment Relations Commission of the pending layoffs and gain their approval prior to implementing the layoffs.

Finally, the bill expands the authority of the chairperson of the Civil Service Commission. Under the bill, counties and municipalities must receive permission from the chairperson of the commission prior to implementing a reduction in force that does not follow seniority rules.