Bill > S2157

Introduced Session

This bill makes various changes to the laws concerning civil service in this State. The bill provides that: · civil service examinations be announced and administered on a continual basis, where practicable. · applications for such examinations be available using the Internet for completion and for submission, and payments of applicable fees for such examinations also be accepted online. · an employee will be removed from a special reemployment list when the employee has turned down a reemployment opportunity in a position that is one with the same or substantially similar job duties as, the same title and series as, the same or substantially similar hours of work as, and a location within a 25 mile radius of, the position from which the employee was laid off or demoted in lieu of layoff. · seasonal positions may be established for a period aggregating not more than nine months in a 12 month period. · working test period for local public employees be extended to 6 months from 3 months. The bill also provides that local units of government in the civil service may negotiate with the majority representative of its employees for the procedure for the appointing authority's review before a disciplinary action is taken against a permanent employee in the career service or a person serving in a working test period, and for the procedure for the appeal of a disciplinary action. Current civil service law permits the State to negotiate such matters with employee representatives. In addition, a provision in a collective negotiations agreement will be the exclusive procedure for review or appeal. Concerning shared service agreements, the bill provides that any employee terminated for reasons of economy or efficiency by the local unit providing the service under the agreement, at the option of the local unit or pursuant to a collective negotiations agreement between the local unit and a majority representative, may give a terminal leave payment of not less than one month for each 5 year period of past service as an employee of the local unit, or other enhanced benefit that may be provided or negotiated. Current law requires that such payment or benefit must be provided. The bill permits an appointing authority in State or local civil service to institute a temporary layoff for economy, efficiency or other related reasons by closure of an entire layoff unit for one or more work days over a defined period, or a staggered layoff of each employee in a layoff unit for one or more work days over a defined period. A temporary layoff plan must be submitted to the chairperson of the Civil Service Commission at least 15 days prior to the issuance of temporary layoff notices or as permitted by the chairperson. The temporary layoff is considered a single layoff action even though it takes place on different days during the defined period. The maximum period to stagger one day off may not exceed 45 days. Limited exemptions to temporary layoffs are permitted, with the approval of the chairperson, when necessary to ensure continued public health and safety. The temporary layoff days will be unpaid and will not affect accrual of leave time, anniversary dates, paid holidays, and seniority or a leave under the federal family and Medical Leave Act or other medical or family leave. An alternate work week program may be suspended for pay periods during a temporary layoff. Seniority, job location, lateral and demotional title rights, and special reemployment rights will not be applicable to a temporary layoff. The bill amends the New Jersey Employer-Employee Relations Act, specifically N.J.S.34:13A-5.3, to provide that in the case of temporary layoffs, the public employer must consult with the majority representative of public employees, but that failure to reach an agreement will not prohibit the public employer, whether in or not in civil service, from instituting temporary layoffs. The imposition of such layoffs will not be a violation of the law. Finally, the bill provides that a county, municipality or school district may opt out of civil service. The local governmental unit may rescind the adoption of Title 11A of the New Jersey Statutes (civil service) by the county or municipal clerk submitting the question to the voters of the county or municipality upon the filing of a petition with the clerk requesting the rescission. The petition must be signed by at least 15% of the registered voters who voted in the county or municipality at the last preceding general election. Within 10 days from the date of the filing of the petition, the clerk must certify the petition in conjunction with the county commissioner of registration. Thereafter, the question will be submitted at the next general election or next municipal election, as appropriate, on or after 60 days following the issuance of the certificate, and thereafter printed on the ballots. The clerk must give appropriate public notice, including publication in the county or municipality's official newspaper. If the clerk fails to comply, a registered voter of the county or municipality may apply to a Superior Court judge for an order compelling submission of the question, and a hearing will be held summarily. A noncompliant clerk or public official or other employee will be guilty of a fourth degree crime. When the result of the election is for rescission, the result must be certified by the governing body of the county, municipality or school district to the chairperson of the Civil Service Commission, and the rescission will take effect on a date set by the chairperson no less than six months and no greater than one year following the election. If a majority of the votes cast are against rescission, no new election on the same question may be held before the second general election or municipal election, as appropriate, following the rescission election. A fire district or districts within a municipality that has rescinded civil service is deemed to have rescinded civil service. The commission is directed to adopt regulations providing for an orderly transition in any local governmental unit that has rescinded civil service, that will require the unit to submit to the commission for approval its ordinance, resolution or manual setting forth personnel policies and procedures to be followed after rescission of civil service. At a minimum, the unit must provide for the terms and conditions of employment not otherwise covered by a collective negotiations agreement. The policies and procedures must include an anti-discrimination policy and a local government ethics policy. The unit may enter into a contract with the commission for testing, classification, compensation, or other technical personnel services. Upon rescission of civil service, a local governmental unit will not be permitted to readopt civil service for at least 10 years from the effective date of the rescission and may readopt only once. An employee with permanent status in a title on the effective date of the rescission retains only those rights to a commission hearing available to career service employees upon disciplinary removal or to challenge the good faith of a layoff. The provisions of the bill requiring the offering of civil service examinations, and the availability of the examination application and payment of fees online, will take effect 180 days after enactment.

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Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 03/07/2022)

Official Document