Bill Text: NJ A4201 | 2016-2017 | Regular Session | Introduced
Bill Title: Grants temporary, limited authority to members of Civil Service Commission and certain commission employees if commission does not have quorum for more than 30 days due to vacancies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-09-29 - Introduced, Referred to Assembly State and Local Government Committee [A4201 Detail]
Download: New_Jersey-2016-A4201-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Grants temporary, limited authority to members of Civil Service Commission and certain commission employees if commission does not have quorum for more than 30 days due to vacancies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the membership of the Civil Service Commission and amending N.J.S.11A:2-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:2-3 is amended to read as follows:
11A:2-3. Members; term; quorum; vacancies; chairperson.
a. The Civil Service Commission shall consist of five members appointed by the Governor with the advice and consent of the Senate for staggered terms of four years and until the appointment and qualification of their successors. No more than three of the five members shall be of the same political party. Three members of the commission shall constitute a quorum.
b. In the event that the commission does not have the requisite number of members serving in accordance with subsection a. of this section to constitute a quorum for more than 30 consecutive days, temporary authority to perform the functions specified in subsections a., b., and c. of N.J.S.11A:2-6 requiring a quorum shall vest, for a period not greater than 180 days, with the remaining members of the commission and employees of the Office of the Chief Executive Officer of the commission, serving ex officio, who shall, in order of rank as determined by the chairperson or person acting as chief executive officer and administrator, fill any vacant seat during that time or until a member is appointed and qualified in accordance with subsection a. of this section. If sufficient members are appointed in accordance with subsection a. of this section to constitute a quorum, the commission employees shall no longer have authority to serve on the commission.
c. The holding over of an incumbent beyond the expiration of the term of office shall reduce, in commensurate length, the term of office of a successor. Vacancies shall be filled for the unexpired terms, in the same manner as original appointments. No member appointed in accordance with subsection a. of this section shall hold any other State or federal office or position.
d. The Governor shall designate one member to serve as the chairperson of the commission. The chairperson shall be the chief executive officer and administrator of the commission and shall devote full time to the duties of the position. The chairperson shall serve at the pleasure of the Governor.
(cf: P.L.2008, c.29, s.3)
2. This act shall take effect
immediately.
STATEMENT
This bill grants temporary authority to serving members of the Civil Service Commission and certain employees thereof if the commission lacks a quorum for more than 30 days due to vacancies in membership.
In the event that the commission does not have the requisite number of members serving to constitute a quorum for more than 30 consecutive days, temporary authority to hold hearings on certain matters, render administrative decisions on certain appeals, and provide interim remedies in a pending appeal will vest, for a period not greater than 180 days, with the remaining members of the commission and employees of the Office of the Chief Executive Officer of the commission, serving ex officio, who will, in order of rank as determined by the chairperson or person acting as chief executive officer and administrator, fill any vacant seat during that time or until a member is appointed by the Governor with the advice and consent of the Senate. If sufficient members are appointed to constitute a quorum, the commission employees will no longer have authority to serve on the commission.
During most of 2016, the commission had only one member serving, the chairman, who is also the chief executive officer and administrator of the commission. This resulted in the commission's inability to adjudicate disciplinary actions and appeals, creating a hardship for local governments and hampering their ability to manage their workforce. Likewise, it left employees without a fair resolution of their disputes for an indefinite period of time. This bill will provide interim relief by granting temporary authority to serving members of the Civil Service Commission and certain employees thereof in order that as many outstanding matters as possible might be brought to a conclusion.
