Bill Text: NJ A4390 | 2018-2019 | Regular Session | Amended


Bill Title: Authorizes sharing of municipal court administrator under"Common Sense Shared Services Pilot Program Act," *

Spectrum:

Status: (Engrossed) 2019-02-07 - Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [A4390 Detail]

Download: New_Jersey-2018-A4390-Amended.html

[First Reprint]

ASSEMBLY, No. 4390

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 13, 2018

 


 

Sponsored by:

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblyman  JOHN ARMATO

District 2 (Atlantic)

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Authorizes sharing of municipal court administrator under "Common Sense Shared Services Pilot Program Act."

 

 

CURRENT VERSION OF TEXT

     As reported by the Assembly State and Local Government Committee on December 6, 2018, with amendments.

 


An Act concerning certain shared services and amending various parts of the statutory law.

 

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

 

     1[1.    Section 2 of P.L.2007, c.63 (C.40A:65-2) is amended to read as follows:

     2.    The Legislature finds and declares:

     a.     Historically, many specialized statutes have been enacted to permit shared services between local units for particular purposes.

     b.    Other laws, permitting a variety of shared services, including interlocal services agreements, joint meetings, and consolidated and regional services, exist but have not been very effective in promoting the broad use of shared services as a technique to reduce local expenses funded by property taxpayers.

     c.     It is appropriate for the Legislature to enact a new shared services statute that can be used to effectuate agreements between local units for any service or circumstance intended to reduce property taxes through the reduction of local expenses.

     d.    It is contrary to public policy that the tenure rights of certain local personnel should effectively prohibit shared services agreements for the services provided by those local personnel, thereby depriving property taxpayers of property tax relief.

     e.     In order to evaluate the efficiencies related to the sharing of services of certain local personnel having tenure rights in office, it is appropriate to create a pilot program in [five] six counties of the State which embody urban, suburban, and rural characteristics to study the sharing of the services of these personnel between municipalities by allowing for the dismissal of such a tenured local official, as necessary, in order to promote and effectuate the sharing of a service.

(cf: P.L.2013, c.166, s.2)]1

 

     1[2.] 1.1     Section 4 of P.L.2007, c.63 (C.40A:65-4) is amended to read as follows:

      4.   a.   (1)   Any local unit may enter into an agreement with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purposes of any of the participating local units including services from licensed or certified professionals required by statute to be appointed.

     In the case of pilot municipalities, tenure rights shall not prohibit the sharing of services for a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator.  The statutory requirements that each municipality must appoint a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, a municipal engineer, [and] a principal public works manager, and a municipal court administrator, shall, for those pilot municipalities, permit and include the provision of the services of any of those municipal employees through a shared service agreement pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The shared service agreement shall be subject to the provisions of subsection d. of this section and of section 3 of P.L.2013, c.166 (C.40A:65-4.2).

     In a shared service agreement between pilot municipalities for the services of a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator, the agent-party, as that term is used in subsection d. of section 7 of P.L.2007, c.63 (C.40A:65-7), shall select for employment under the agreement one of the employees of the pilot municipalities that are party to the agreement who was employed in that same capacity prior to the approval of the agreement.

     (2)   Notwithstanding any law, rule or regulation to the contrary, any agreement between local units for the provision of shared services shall be entered into pursuant to sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.); provided, however, that agreements regarding shared services that are otherwise regulated by statute, rule, or regulation are specifically excluded from sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).

     (3)   The board is authorized to render a decision in the determination of the statutory basis under which a specific shared service is governed.

      b.   Any agreement entered into pursuant to this section shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs, together with an estimate of the cost savings anticipated to be achieved by the local units that are the parties to the agreement in the case of an agreement between pilot municipalities, pursuant to rules and regulations promulgated by the director.

      c.    In the case of a pilot municipality, a tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or] municipal treasurer, or a municipal court administrator, may be dismissed to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) and such dismissal shall be deemed to be in the interest of the economy or efficiency of the participants in the shared service agreement.

     d.    In the case of a pilot municipality, a tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or] municipal treasurer, or a municipal court administrator, who has been dismissed to effectuate a shared service agreement entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) shall be reappointed to his or her former position, and shall regain his or her tenured status, if the shared service agreement is cancelled, or expires, within the two-year period immediately following the dismissal of that person.

     e.     Notwithstanding any law, rule, or regulation to the contrary, a local unit or units may enter into a shared service agreement with a federal military base, to the extent permitted by 10 U.S.C. s.2679, under which services would be provided to the extent a local unit involved in the agreement is empowered to provide those services within its own jurisdiction.  This subsection shall not be construed to impact existing federal or State civil service laws, rules, or regulations with respect to federal employees or employees of a local unit.  Where federal law and State law conflict regarding the content and duration of such agreements, federal law shall control.

(cf: P.L.2017, c.21, s.1)

 

     12.   Section 3 of P.L.2013, c.166 (C.40A:65-4.2) is amended to read as follows:

     3.    a.   As used in this section:

     "Local employee" means a tenured municipal clerk, assessor, collector, chief financial officer, municipal treasurer, [or] principal public works manager who is a municipal superintendent of public works, or municipal court administrator;

     "Pilot county" means Atlantic, Camden, Monmouth, Morris, Ocean, Sussex, and Warren, counties; and

     "Pilot municipality" means a municipality located in a pilot county that enters into a shared services agreement with another pilot municipality pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) for the services of a local employee.

     b.    There is established a pilot program to evaluate the efficiency and functionality of the sharing of services of certain local personnel having tenure rights in office.  In pilot municipalities, tenure rights shall not prohibit the sharing of services for a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator.  Under the pilot program, municipalities located in pilot counties may enter into shared services agreements, pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.), for the services of tenured local employees, and provide for the dismissal of any tenured local employees who are not selected to be service providers under the shared services agreement.

     In a shared service agreement between pilot municipalities for the services of a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator, the agent-party, as that term is defined in subsection d. of section 7 of P.L.2007, c.63 (C.40A:65-7), shall select for employment under the agreement one of the employees of the pilot municipalities that are party to the agreement who was employed in that same capacity by one of the pilot municipalities prior to the approval of the agreement. The shared service agreement shall address the proportion of work hours that the selected employee shall dedicate towards each pilot municipality, and any additional compensation that the selected employee may receive for assuming additional duties under the agreement. If the selected employee receives additional compensation for assuming additional duties under the agreement, the additional compensation shall not be reduced during the term of the agreement without good cause.

     c.     A tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or] municipal treasurer, or municipal court administrator,  may be dismissed to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.), and such dismissal shall be deemed to be in the interest of the economy or efficiency of the participants in the shared service agreement.  A tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or] municipal treasurer, or municipal court administrator who has been dismissed to effectuate a shared service agreement entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) shall be reappointed to his or her former position, and shall regain his or her tenured status, if the shared service agreement is cancelled, or expires, within the two-year period immediately following the dismissal of that person. If the shared service agreement is cancelled, or expires, within the two-year period immediately following the dismissal, the reappointed employee shall be entitled to the same level of salary or wages as the employee had received at the time of the dismissal, augmented by any increases in salary granted to all other tenured employees by ordinance while the shared service agreement was in effect.1

(cf: P.L.2018, c.140, s.1)

 

     1[3.    Section 3 of P.L.2013, c.166 (C.40A:65-4.2) is amended to read as follows:

      3.   a.   As used in this section:

     "Local employee" means a tenured municipal clerk, assessor, collector, chief financial officer, municipal treasurer, [or] principal public works manager who is a municipal superintendent of public works, or municipal court administrator;

     "Pilot county" means Atlantic, Camden, Morris, Ocean, Sussex, and Warren counties; and

     "Pilot municipality" means a municipality located in a pilot county that enters into a shared services agreement with another pilot municipality pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) for the services of a local employee.

     b.    There is established a pilot program to evaluate the efficiency and functionality of the sharing of services of certain local personnel having tenure rights in office.  In pilot municipalities, tenure rights shall not prohibit the sharing of services for a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator. Under the pilot program, municipalities located in pilot counties may enter into shared services agreements, pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.), for the services of tenured local employees, and provide for the dismissal of any tenured local employees who are not selected to be service providers under the shared services agreement.

     In a shared service agreement between pilot municipalities for the services of a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal treasurer, [or] a municipal superintendent of public works, or a municipal court administrator, the agent-party, as that term is defined in subsection d. of section 7 of P.L.2007, c.63 (C.40A:65-7), shall select for employment under the agreement one of the employees of the pilot municipalities that are party to the agreement who was employed in that same capacity by one of the pilot municipalities prior to the approval of the agreement.

     c.     A tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or ] municipal treasurer, or municipal court administrator, may be dismissed to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.), and such dismissal shall be deemed to be in the interest of the economy or efficiency of the participants in the shared service agreement.  A tenured municipal clerk, chief financial officer, assessor, tax collector, municipal superintendent of public works, [or] municipal treasurer, or municipal court administrator, who has been dismissed to effectuate a shared service agreement entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) shall be reappointed to his or her former position, and shall regain his or her tenured status, if the shared service agreement is cancelled, or expires, within the two-year period immediately following the dismissal of that person.

(cf: P.L.2013, c.166, s.3)]1

     1[4.] 3.1     Section 1 of P.L.1953, c.168 (C.2A:8-13.1) is amended to read as follows:

     1.    a.   Any person holding office, position or employment as administrator of the municipal court in any borough who has held such office, position or employment continuously for five years or more and who has become certified during that period shall hold and continue to hold said office, position or employment during good behavior and shall not be removed therefrom for political or other reasons except for good cause, upon written charges and after a public, fair and impartial hearing.

     b.    In the case of a shared service agreement between pilot municipalities under P.L.2013, c.166 (C.40A:65-4.1 et al.), a tenured municipal court administrator may be dismissed to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) and such dismissal shall be deemed to be in the interest of the economy or efficiency of the participants in the shared service agreement.  The removal of a municipal court administrator under this subsection shall not require the pilot municipality to fulfill the requirements of subsection a. of this section.  Instead, the pilot municipality shall provide the municipal court administrator with a written copy of the shared service agreement entered into by the municipality, and a letter stating that the position of municipal court administrator in the pilot municipality is being eliminated for reasons of economy or efficiency as the result of the shared service agreement.

     Any such shared service agreement shall be subject to the provisions of section 4 of P.L.2007, c.63 (C.40A:65-4) and of section 3 of P.L.2013, c.166 (C.40A:65-4.2).

(cf: P.L.1997, c.389, s.1)

 

     1[5.] 4.1     Section 1 of P.L.1975, c.39 (C.2A:8-13.3) is amended to read as follows:

     1.    a.   Any person holding office, position or employment as full-time administrator of a municipal court who has held such office, position or employment continuously for five years or more and who has become certified during that period shall hold and continue to hold said office, position or employment during good behavior and shall not be removed therefrom for political or other reasons except for good cause, upon written charges and after a public, fair and impartial hearing.

     b.    In the case of a shared service agreement between pilot municipalities under P.L.2013, c.166 (C.40A:65-4.1 et al.), a tenured municipal court administrator may be dismissed to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) and such dismissal shall be deemed to be in the interest of the economy or efficiency of the participants in the shared service agreement.  The removal of a municipal court administrator under this subsection shall not require the pilot municipality to fulfill the requirements of subsection a. of this section.  Instead, the pilot municipality shall provide the municipal court administrator with a written copy of the shared service agreement entered into by the municipality, and a letter stating that the position of municipal court administrator in the pilot municipality is being eliminated for reasons of economy or efficiency as the result of the shared service agreement.

     Any such shared service agreement shall be subject to the provisions of section 4 of P.L.2007, c.63 (C.40A:65-4) and of section 3 of P.L.2013, c.166 (C.40A:65-4.2)

(cf: P.L.1997, c.389, s.2)

 

     1[6.] 5.1     N.J.S.2B:12-10 is amended to read as follows:

     2B:12-10.   Municipal court administrator and personnel.  a.  A county or municipality shall provide for an administrator and other necessary employees for the municipal court and for their compensation.  This requirement may be fulfilled by the sharing of a municipal court administrator under a shared service agreement entered into pursuant to the provisions of P.L.2007, c. 63 (C.40A:65-1 et seq.).  With approval of the Supreme Court, an employee of the county or municipality, in addition to other duties, may be designated to serve as administrator of the municipal court.

     b.    The judge of a municipal court may designate in writing an acting administrator or deputy administrator to serve temporarily for an absent administrator or deputy administrator until the absent administrator or deputy administrator returns or a new administrator or deputy administrator is appointed.  The acting administrator or acting deputy administrator shall be paid at a rate established by the judge but not exceeding that established for the administrator or deputy administrator.

     Any such shared service agreement shall be subject to the provisions of section 4 of P.L.2007, c.63 (C.40A:65-4) and of section 3 of P.L.2013, c.166 (C.40A:65-4.2).

(cf: P.L.1996, c.95, s.9)

 

     1[7.] 6.1     This act shall take effect immediately.

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