Eliminates seniority in Civil Service and other jurisdictions for reductions in force in certain circumstances.

A150

ASSEMBLY, No. 150

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Eliminates seniority in Civil Service and other
jurisdictions for reductions in force in certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning seniority and reductions in force in Civil Service and other
jurisdictions and amending various sections of the statutory law.

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

���� 1.��� Section 6 of P.L.1968,
c.303 (C.34:13A-5.2) is amended to read as follows:

���� 6.��� There is hereby
established in the Division of Public Employment Relations a commission to be
known as the New Jersey Public Employment Relations Commission.� This
commission, in addition to the powers and duties granted by this act, shall
have in the public employment area the same powers and duties granted to the
labor mediation board in sections 7 and 10 of P.L.1941, c.100, and in sections
2 and 3 of P.L.1945, c.32.� This commission shall make policy and establish
rules and regulations concerning employer-employee relations in public
employment relating to dispute settlement, grievance procedures and
administration including enforcement of statutory provisions concerning
representative elections and related matters and to implement fully all the
provisions of this act.�
The commission shall receive the certification of
an appointing authority and either approve or disapprove the requested
reductions in force in police and fire departments in counties and
municipalities that have not adopted Title 11A, Civil Service, of the New
Jersey Statutes in a manner similar to the procedure established in paragraph
(2) of subsection e. of N.J.S.40A:8-1.
� The commission shall consist of
seven members to be appointed by the Governor, by and with the advice and
consent of the Senate.� Of such members, two shall be representative of public
employers, two shall be representative of public employee organizations and
three shall be representative of the public including the appointee who is
designated as chairman.� Of the first appointees, two shall be appointed for
two years, two for a term of three years and three, including the chairman, for
a term of four years.� Their successors shall be appointed for terms of three
years each, and until their successors are appointed and qualified, except that
any person chosen to fill a vacancy shall be appointed only for the unexpired
term of the member whose office has become vacant.

���� The members of the commission,
other than the chairman, shall be compensated at the rate of $250.00 for each
six hour day spent in attendance at meetings and consultations and shall be
reimbursed for necessary expenses in connection with the discharge of their
duties except that no commission member who receives a salary or

other form of compensation as a
representative of any employer or employee group, organization or association,
shall be compensated by the commission for any deliberations directly involving
members of said employer or employee group, organization or association.
Compensation for more, or less than, six hours per day, shall be prorated in
proportion to the time involved.

���� The chairman of the commission
shall be its chief executive officer and administrator, shall devote his full
time to the performance of his duties as chairman of the Public Employment
Relations Commission and shall receive such compensation as shall be provided
by law.

(cf: P.L.1987, c.456, s.1)

���� 2.��� N.J.S.11A:8-1 is amended
to read as follows:

���� 11A:8-1. a. A permanent
employee may be laid off for economy, efficiency or other related reason.� A
permanent employee shall receive 45 days' written notice, unless in State
government a greater time period is ordered by the
chairperson of the

commission, which shall be served personally or by certified mail, of impending
layoff or demotion and the reasons therefor.� The notice shall expire 120 days
after service unless extended by the
chairperson of the
commission for
good cause.� At the same time the notice is served, the appointing authority
shall provide the
chairperson of the
commission with a list of the names
and permanent titles of all employees receiving the notice.� The Civil Service
Commission shall adopt rules to implement employee layoff rights consistent
with the provisions of this section
, upon recommendation by the chairperson
of the commission
.� The
chairperson of the
commission shall consult
with the advisory board representing labor organizations prior to such
recommendations.

���� b.��� Permanent employees in
the service of the State or a political subdivision shall be laid off in
inverse order of seniority. As used in this subsection, "seniority"
means the length of continuous permanent service in the jurisdiction,
regardless of title held during the period of service, except that for police
and firefighting titles, "seniority" means the length of continuous
permanent service only in the current permanent title and any other title that
has lateral or demotional rights to the current permanent title.� Seniority for
all titles shall be based on the total length of calendar years, months and
days in continuous permanent service regardless of the length of the employee's
work week, work year or part-time status.

���� c.���� For purposes of State
service, a "layoff unit" means a department or autonomous agency and
includes all programs administered by that department or agency.� For purposes
of political subdivision service, the "layoff unit" means a department
in a county or municipality, an entire autonomous agency, or an entire school
district, except that the
chairperson of the
commission may establish
broader layoff units.

���� d.��� For purposes of State
service, "job location" means a county. The
chairperson of the

commission shall assign a job location to every facility and office within a
State department or autonomous agency.� For purposes of local service,
"job location" means the entire political subdivision and includes
any facility operated by the political subdivision outside its geographic
borders.

���� e.����
[
For
]

(1)�
Except as provided for in subparagraph (2) of this paragraph, for the

purposes of determining lateral title rights in State and political subdivision
service, title comparability shall be determined by the commission based upon
whether the:
[
(1)
]

(a)

titles have substantially similar duties and responsibilities;
[
(2)
]

(b)

education and experience requirements for the titles are identical or similar;
[
(3)
]

(c)

employees in an affected title, with minimal training and orientation, could
perform the duties of the designated title by virtue of having qualified for
the affected title; and
[
(4)
]

(d)

special skills, licenses, certifications or registration requirements for the
designated title are similar and do not exceed those which are mandatory for
the affected title.� Demotional title rights shall be determined by the
chairperson
of the
commission based upon the same criteria, except that the demotional
title shall have lower but substantially similar duties and responsibilities as
the affected title.

����
(2)�� Notwithstanding the
provisions of subparagraph (1) of this subsection, an appointing authority may
certify that a permanent employee, who is less senior in a title and is
affected by the exercise of a lateral or demotional title right by a more
senior permanent employee, is more critical and essential to the State or
political subdivision based upon business and operational necessity and should
not be removed from his job and responsibilities.� The appointing authority�s
certification shall include the skills, licenses and certifications required,
if any, the nature of the job activity, and why the more senior employee who
would replace the individual does not possess the essential requirements
necessary to meet the needs of the State or affected political subdivision.�
The appointing authority shall submit the certification to the chairperson of
the commission, along with any other required layoff information, prior to the
proposed effective date of the layoff, but shall not implement the layoff until
approved by the chairperson.

���� f.���� In State service, a
permanent employee in a position affected by a layoff action shall be provided
with applicable lateral and demotional title rights first, at the employee's
option, within the municipality in which the facility or office is located and
then to the job locations selected by the employee within the department or
autonomous agency.� The employee shall select individual job locations in
preferential order from the list of all job locations and shall indicate job
locations at which the employee will accept lateral and demotional title
rights.� In local service, a permanent employee in a position affected by a
layoff action shall be provided lateral and demotional title rights within the
layoff unit.

���� g.��� Following the employee's
selection of job location preferences, lateral and demotional title rights
shall be provided in the following order:

���� (1)�� a vacant position that
the appointing authority has previously indicated it is willing to fill;

���� (2)�� a position held by a
provisional employee who does not have permanent status in another title, and
if there are multiple employees at a job location, the specific position shall
be determined by the appointing authority;

���� (3)�� a position held by a
provisional employee who has permanent status in another title, and if there
are multiple provisional employees at a job location, the specific position
shall be determined based on level of the permanent title held and seniority;

���� (4)�� the position held by the
employee serving in a working test period with the least seniority;

���� (5)�� in State service, and in
local jurisdictions having a performance evaluation program approved by the
commission, the position held by the permanent employee whose performance
rating within the most recent 12 months in the employee's permanent title was significantly
below standards or an equivalent rating;

���� (6)�� in State service, and in
local jurisdictions having a performance evaluation program approved by the
commission, the position held by the permanent employee whose performance
rating within the most recent 12 months in the employee's permanent title was marginally
below standards or an equivalent rating; and

���� (7)�� the position held by the
permanent employee with the least seniority.

���� h.��� A permanent employee
shall be granted special reemployment rights based on the employee's permanent
title at the time of the layoff action and the employee shall be certified for
reappointment after the layoff action to the same, lateral and lower related
titles.� Special reemployment rights shall be determined by the
chairperson
of the
commission in the same manner as lateral and demotional rights.

���� i.���� Notwithstanding the
provisions above, at no time shall any person on a military leave of absence
for active service in the Armed Forces of the United States or for active
service in the organized militia in time of war or emergency be laid off.�

���� For the purposes of this
section, "organized militia" means the Army and Air National Guard of
New Jersey or any other state, and "active service" includes National
Guard active service ordered by a Governor of a state.�

(cf: P.L.2019, c.286, s.3)

���� 3.��� N.J.S.40A:14-25 is
amended to read as follows:

���� The governing body of any
municipality, if they shall deem it necessary for reasons of economy, may
decrease the number of members and officers of the paid or part-paid fire
department or force or their grades or ranks. In case of demotion from the
higher ranks, the officers or members to be so demoted shall� be in the inverse
order of their appointment.� When the service of members or officers is
terminated, such termination shall be in the inverse order of their appointment.�

In any municipality wherein Title 11A, Civil Service, of the New
Jersey Statutes has been adopted, any action taken under this section shall
be subject to the provisions of paragraph (2) of subsection e. of
N.J.S.11A:8-1.� In any municipality wherein Title 11A, Civil Service, of the
New Jersey Statutes has not been adopted, actions taken under this section
shall be subject to similar requirements as found in paragraph (2) of
subsection e. of N.J.S.11A:8-1, except that the appointing authority shall file
the certification required in that paragraph with the Public Employment
Relations Commission, prior to the effective date of the proposed layoff, and
in accordance with the rules and regulations promulgated by the Public
Employment Relations Commission for this purpose.
� Any member or officer
who is demoted or whose service is terminated by reason of such decrease shall
be placed on a special employment list, and in the case of subsequent
promotions, a person so demoted shall be reinstated to his original rank, and
in the case of termination of service and� new appointment, prior consideration
shall be given to the persons on said� special employment list.

(cf: N.J.S.40A:14-25)

���� 4.��� N.J.S.40A:14-115 is
amended to read as follows:

���� The board of chosen
freeholders of any county, if they shall deem it necessary for reasons of
economy, may decrease the number of members and officers of the police
department or force or their grades or ranks.� In case of demotion from the
higher ranks, the officers or members to be so demoted shall be in the inverse
order of their appointment.� When the service of members or officers is
terminated, such termination shall be in the inverse order of their
appointment.�
In any county wherein Title 11A, Civil Service, of the New
Jersey Statutes has been adopted, any action taken under this section shall
be subject to the provisions of paragraph (2) of subsection e. of
N.J.S.11A:8-1.� In any county wherein Title 11A, Civil Service, of the New
Jersey Statutes has not been adopted, actions taken under this section shall be
subject to similar requirements as found in paragraph (2) of subsection e. of
N.J.S.11A:8-1, except that the appointing authority shall file the
certification required in that paragraph with the Public Employment Relations
Commission, prior to the effective date of the proposed layoff, and in
accordance with the rules and regulations promulgated by the Public Employment
Relations Commission for this purpose.�
Any member or officer who is
demoted or whose service is terminated by reason of such decrease shall be
placed on a special employment list, and in the case of subsequent promotions,
a person so demoted shall be reinstated to his original rank, and in the case
of termination of service and new appointment, prior consideration shall be
given to the persons on said special employment list.

(cf: N.J.S.40A:14-115)

���� 5.��� N.J.S.40A:14-143 is
amended to read as follows:

���� The governing body of any
municipality, if they shall deem it necessary for reasons of economy, may
decrease the number of members and officers of the police department or force
or their grades or ranks.� In case of demotion from the higher ranks, the officers
or members to be so demoted shall be in the inverse order of their
appointment.�
In any municipality wherein Title 11A, Civil Service, of the New
Jersey Statutes has been adopted, any action taken under this section shall
be subject to the provisions of paragraph (2) of subsection e. of
N.J.S.11A:8-1.� In any municipality wherein Title 11A, Civil Service, of the
New Jersey Statutes has not been adopted, actions taken under this section
shall be subject to similar requirements as found in paragraph (2) of
subsection e. of N.J.S.11A:8-1, except that the appointing authority shall file
the certification required in that paragraph with the Public Employment
Relations Commission, prior to the effective date of the proposed layoff, and
in accordance with the rules and regulations promulgated by the Public
Employment Relations Commission for this purpose.�
When the service of
members or officers is terminated, such termination shall be in the inverse
order of their appointment.� Any member or officer who is demoted or whose
service is terminated by reason of such decrease shall be placed on a special
employment list, and in the case of subsequent promotions, a person so demoted
shall be reinstated to his original rank and in the case of termination of
service and new appointment, prior consideration shall be given to the persons
on said special employment list.

(cf: N.J.S.40A:14-143)

���� 6.��� This act shall take
effect immediately.

STATEMENT

���� This bill would modify
existing civil service rules to permit the State, a county or a municipality to
lay off, as part of a reduction in force, individuals with more seniority in
the event the less senior individual possesses essential skills necessary to
meet the needs of the county or municipality.� When terminating a more senior
employee instead of a less senior employee, the appointing authority must
certify to the chairperson of the Civil Service Commission that the less senior
employee has specialized skills, licenses, certifications, or other
qualifications that the more senior employee does not possess and that those
skills are essential to the operation of the county or municipal department.�
In the event that the reduction in force occurs in a county or municipality
that has not adopted the civil service rules, the appointing authority must
notify the Public Employment Relations Commission of the pending layoffs and
gain their approval prior to implementing the layoffs.

���� Finally, the bill expands the
authority of the chairperson of the Civil Service Commission.� Under the bill,
counties and municipalities must receive permission from the chairperson of the
commission prior to implementing a reduction in force that does not follow
seniority rules.