Bill Text: NJ S1253 | 2010-2011 | Regular Session | Introduced
Bill Title: Removes confidential employee status of certain Casino Control Commission employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced in the Senate, Referred to Senate Labor Committee [S1253 Detail]
Download: New_Jersey-2010-S1253-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Removes confidential employee status of certain Casino Control Commission employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain Casino Control Commission employees and amending P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 54 of P.L.1977, c.110 (C.5:12-54) is amended to read as follows:
54. a. The commission may establish, and from time to time alter, such plan of organization as it may deem expedient, and may incur expenses within the limits of funds available to it.
b. The commission shall elect annually by a majority of the full commission one of its members, other than the chairman, to serve as vice-chairman for the ensuing year. The vice-chairman shall be empowered to carry out all of the responsibilities of the chairman as prescribed in this act during his absence, disqualification, or inability to serve.
c. The commission shall appoint an executive secretary who shall serve at its pleasure and shall be responsible for the conduct of its administrative affairs. No person shall be eligible for such appointment unless he shall have at least 5 years of responsible experience in public or business administration or possesses broad management skills.
d. The commission may employ such other personnel as it deems necessary. All employees of the commission, except for secretarial and clerical personnel, shall be in the unclassified service of the Civil Service. [All employees of the commission shall be deemed confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act" (P.L.1941, c.100; C. 34:13A-1 et seq.), as amended.] Notwithstanding the provisions of any other law to the contrary, the commission may employ legal counsel who shall represent the commission in any proceeding to which it is a party, and who shall render legal advice to the commission upon its request. The commission may contract for the services of other professional, technical and operational personnel and consultants as may be necessary to the performance of its responsibilities under this act. Members and employees of the commission shall be enrolled in the Public Employees' Retirement System of New Jersey (P.L.1954, c.84; C.43:15A-1 et seq.).
(cf: P.L.1987, c.354, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill removes the confidential employee status of employees of the Casino Control Commission. This will give the employees the option to unionize.
Under current law, all employees of the Casino Control Commission, except for secretarial and clerical employees, are in the unclassified service of the Civil Service. All employees of the commission are deemed confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," N.J.S.A.34:13A-1 et seq. That act defines a "confidential employee" of a public employer as an employee whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties.
Article 1, paragraph 19 of the New Jersey Constitution grants persons in public employment, such as the employees of the Casino Control Commission, the right to organize, present and make known to their public employers their grievances and proposals through representatives of their own choosing.
The confidential status denies these employees the same right to collectively negotiate that other public employees enjoy. By deleting this declaration, the Public Employment Relations Commissions will be able to exercise its authority to determine, on a case-by-case basis, which employees of the Casino Control Commission are confidential within the meaning of the New Jersey Employer-Employee Relations Act.
