Bill Text: NJ SCR182 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides Senate and General Assembly will join appeals filed by President of Senate and Speaker of General Assembly challenging use of invalid job banding rule by N.J. Civil Service Commission.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2015-12-17 - Substituted by ACR251 [SCR182 Detail]
Download: New_Jersey-2014-SCR182-Introduced.html
SENATE CONCURRENT RESOLUTION No. 182
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED OCTOBER 22, 2015
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides Senate and General Assembly will join appeals filed by President of Senate and Speaker of General Assembly challenging use of invalid job banding rule by N.J. Civil Service Commission.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution providing that the Senate and General Assembly will join the appeals filed by the President of the Senate and the Speaker of the General Assembly challenging use of the invalid job banding rule by the New Jersey Civil Service Commission.
Whereas, In 1992, the voters of this State approved an amendment to the New Jersey Constitution that authorizes the Legislature to invalidate a rule or regulation proposed or adopted by an agency of the Executive Branch upon "a finding that an existing or proposed rule or regulation is not consistent with legislative intent." N.J. Const. Art. V, Sec. IV, par. 6; and
Whereas, This amendment allows the Legislature to pass a concurrent resolution transmitting its finding to the Governor and the agency that is proposing or has adopted the rule or regulation that the rule or regulation is not consistent with legislative intent and, if the agency does not amend or withdraw the rule or regulation, the Legislature may pass a second concurrent resolution preventing a proposed rule or regulation from taking effect or invalidating an adopted rule or regulation; and
Whereas, The New Jersey Civil Service Commission adopted the job banding rule, N.J.A.C. 4A:3-3.2A, on May 7, 2014 and adopted amendments to the rule on October 22, 2014; and
Whereas, The job banding rule is inconsistent with the intent of the Legislature as expressed in the language of the Civil Service Act, N.J.S.A. 11A:4-1 et seq., in that it would enable the commission to bypass the competitive promotional examination process in appointing employees to higher level titles within a title series; and
Whereas, The Legislature has passed concurrent resolutions invalidating or prohibiting adoption of the proposed regulation, Assembly Concurrent Resolution No. 215 of 2013, and invalidating the regulation and declaring null and void the amendments thereto, Assembly Concurrent Resolution No. 192 of 2014; and
Whereas, The Civil Service Commission, nevertheless, has used the rule to band titles in the Office of Information Technology and the Department of Transportation: In the Matter of Job Banding for Software Development Specialist 1 and 2 and Network Administrator 1 and 2, Office of Information Technology, CSC Docket No. 2016-561, In the Matter of Changes in the State Classification Plan and Job Banding Request, Department of Transportation, CSC Docket Nos. 2016-778 and 2016-779; and
Whereas, The use of the invalidated job banding rule by the commission is an ultra vires act in direct contravention of the voiding of that rule by the Legislature pursuant to the authority provided to the Legislature by the Constitution and, as such, is a violation of the Separation of Powers conferred on the respective branches by Article III, paragraph 1 of the Constitution; and
Whereas, The President of the Senate and the Speaker of the General Assembly have appealed the decisions of the Civil Service Commission to the Appellate Division of the Superior Court, Docket Nos.: A-000274-15 and A-000275-15, in order to stop the commission from using the job banding rule which the Legislature has invalidated pursuant to its authority under Article V, Section IV, paragraph 6 of the New Jersey Constitution and to enable the Legislature to preserve its authority under the Constitution to invalidate Executive Branch rules and regulations that the Legislature finds are inconsistent with legislative intent; and
Whereas, It is appropriate for the Senate and General Assembly to join in the appeals of the presiding officers thereof; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Senate and General Assembly express approval of, and their intent to participate as appellants in, the appeals filed by the President of the Senate and the Speaker of the General Assembly in the Appellate Division of the Superior Court, or take other legal measures, that challenge use of the job banding rule by the Civil Service Commission which rule has been invalidated by the Legislature pursuant to Article V, Section IV, paragraph 6 of the New Jersey Constitution.
2. The President of the Senate and the Speaker of the General Assembly shall take such actions as may be necessary for their respective Houses to participate in those appeals, or take other legal measures, and shall pay, as those presiding officers may deem appropriate, attorneys' fees and other fees or costs incurred in connection therewith.
STATEMENT
This concurrent resolution provides that the Senate and General Assembly express approval of, and their intent to join in, the appeals brought in the Appellate Division of the Superior Court by the Senate President and the Assembly Speaker, or take other legal measures, challenging the Civil Service Commission's use of the job banding rule, N.J.A.C. 4A:3-3.2A, which the Legislature invalidated pursuant to Article V, Section IV, paragraph 6 of the New Jersey Constitution. The concurrent resolution also provides that the President and the Speaker will take such actions as may be necessary for their respective Houses to participate in those appeals, or take other legal measures, and to pay, as those presiding officers may deem appropriate, attorneys' fees and other fees or costs incurred in connection therewith.
