Read the full stored bill text
A4618
ASSEMBLY, No. 4618
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 10, 2026
Sponsored by:
Assemblywoman� DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Replaces references to Civil Service Commission with
chairperson of commission to clarify duties and responsibilities of
chairperson.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the duties and responsibilities of
the chairperson of the Civil Service Commission and amending various parts of
the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.11A:2-6 is amended
to read as follows:
���� 11A:2-6.���� Powers and
duties.� In addition to other powers and duties vested in it by this title or
by any other law, the commission shall:
���� a.���� After a hearing, render
the final administrative decision on appeals concerning permanent career
service employees or those in their working test period in the following
categories:
���� (1)�� Removal,
���� (2)�� Suspension or fine as
prescribed in N.J.S.11A:2-14,
���� (3)�� Disciplinary demotion,
and
���� (4)�� Termination at the end
of the working test period for unsatisfactory performance;
���� b.��� On a review of the
written record, render the final administrative decision on other appeals;
���� c.���� Provide for interim
remedies or relief in a pending appeal where warranted;
���� d.��� Adopt and enforce rules
to carry out this title and to effectively implement a comprehensive personnel
management system;
���� e.���� Interpret the
application of this title to any public body or entity;
[
and
]
���� f.���� Authorize and conduct
such studies, inquiries, investigations or hearings in the operation of this
title as it deems necessary
; and
����
g.��� Set standards and
procedures for review and render the final administrative decision on a written
record or after recommendation by an independent reviewer assigned by the
commission from classification, salary, layoff rights and in the State service
noncontractual grievances
.
(cf: P.L.2008, c.29, s.6)
���� 2.��� N.J.S.11A:2-7 is amended
to read as follows:
���� 11A:2-7.���� Subpenas; oaths.�
The commission
or chairperson
may subpena and require the attendance of
witnesses in this State and the production of evidence or documents relevant to
any proceeding under this title.� Those persons may also administer oaths and
take testimony.� Subpenas issued under this section shall be enforceable by
order of the Superior Court.
(cf: P.L.2008, c.29, s.7)
���� 3.��� N.J.S.11A:2-11 is
amended to read as follows:
���� 11A:2-11.�� Powers and duties
of the
[
commission
]
chairperson
.
In addition to other powers and duties vested in the
[
commission
]
chairperson
by this title or any other law, the
[
commission
]
chairperson
:
���� a.���� (Deleted by amendment,
P.L.2008, c.29);
[
(Deleted
by amendment, P.L.2008, c.29)
]
�
Shall be the principal executive and request officer of the
commission, allocating the functions and activities of the commission among
divisions as the chairperson may establish
;
���� b.��� May appoint
one
deputy administrator, who shall be in the unclassified service, and other
subordinate
employees necessary to enforce or implement the provisions of
this title.� All employees
[
of
the commission whose principal duties relate to the enforcement or
implementation of this title
]
shall be confidential employees for the purposes of the "New Jersey
Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.);
���� c.���� Shall maintain a
management information system necessary to carry out the provisions of this
title;
���� d.��� Shall have the authority
to audit payrolls, reports or transactions for conformity with the provisions
of this title;
���� e.���� Shall plan, evaluate,
administer and implement personnel programs and policies in State government
and political subdivisions operating under this title;
���� f.���� Shall establish and
supervise the selection process and employee performance evaluation procedures;
���� g.��� (Deleted by amendment,
P.L.2008, c.29);
���� h.���
[
Shall set
standards and procedures for review and render the final administrative
decision on a written record or after recommendation by an independent reviewer
assigned by the commission from classification, salary, layoff rights and in
the State service noncontractual grievances
]
(Deleted by amendment, P.L. , c.�� (pending
before the Legislature as this bill)
;
���� i.���� May establish pilot
programs and other projects for a maximum of one year outside of the provisions
of this title;
���� j.���� Shall provide for a
public employee interchange program pursuant to the "Government Employee
Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may
provide for an employee interchange program between public and private sector employees;
���� k.��� (Deleted by amendment,
P.L.2008, c.29)
[
(Deleted
by amendment, P.L.2008, c.29)
]
��
May establish an internship program
;
���� l.���� (Deleted by amendment,
P.L.2008, c.29);
���� m.�� Shall establish and
consult with advisory boards representing political subdivisions, personnel
officers, labor organizations and other appropriate groups;
���� n.��� Shall make an annual
report to the Governor and Legislature and all other special or periodic
reports as may be required.� The annual report shall indicate the number of
persons, by title, who, on March 31, June 30, September 30, and December 31 of
each year, held appointments to positions in the senior executive service and
the number of noncareer employees by title, who, on those same dates, held
appointments in positions in the senior executive service;
[
and
]
���� o.��� Shall have the authority
to assess costs for special or other services;
���� p.���
[
(Deleted by
amendment, P.L.2008, c.29)
]
and
Shall recommend rules to the commission for implementation of this
title; and
���� q.���
Shall act on
petitions for stay, interim relief and interlocutory review in emergent matters
between meetings of the commission
.
Shall, pursuant to P.L.2019, c.346
(C.11A:3-4.1 et al.), promulgate standardized recordkeeping and record
retention requirements concerning the recruitment, selection, hiring, and
employment records of persons in the State unclassified service.
(cf: P.L.2019, c.346, s.2)
���� 4.��� N.J.S.11A:2-12 is
amended to read as follows:
���� 11A:2-12.�� Delegation.����� The
[
commission
]
chairperson
may delegate to an appointing authority the responsibility for classifying
positions, administering examinations and other technical personnel functions
according to prescribed standards, but the
[
commission
]
chairperson
may not delegate any
appellate or rulemaking
function of the commission.
���� This delegation shall be
written and shall conform to the provisions of this title.� The
[
commission
]
chairperson
may assign staff of the commission to an appointing authority to assist the
appointing authority in its delegated personnel duties.� The employees shall
continue as employees of the commission.� All delegation shall be subject to
supervision by the
[
commission
]
chairperson
and post-audit and may be cancelled, modified or limited at any time by the
[
commission
]
chairperson
.�
Such delegation is to be performed in consultation with the advisory board
representing political subdivisions, and approved by an affected appointing
authority when the delegation requires substantial costs.� The commission
[
, in
consultation with the advisory board representing political subdivisions,
]
shall adopt
rules to define substantial costs
, upon recommendation by the chairperson.�
The chairperson shall consult with the advisory board representing political
subdivisions, prior to submitting such recommendation
.
(cf: P.L.2008, c.29, s.9)
���� 5.��� Section 1 of P.L.2006,
c.77 (C.11A:2-28) is amended to read as follows:
���� 1.��� a.�� The commission
shall provide, by regulation, for intergovernmental transfers by law
enforcement officers, including county sheriff and corrections officers, as
part of the commission's intergovernmental transfer program.� These law
enforcement officers, county sheriff and corrections officers shall be granted
all privileges under the intergovernmental transfer program, including the
option to waive all accumulated sick leave and seniority rights.
���� b.��� The waiver of
accumulated sick leave and seniority rights shall require the consent in
writing of the receiving jurisdiction, the affected employee, and the
[
commission
]
chairperson
.
���� c.���� The sending
jurisdiction shall not pay supplemental compensation for accumulated sick leave
to any law enforcement officer, county sheriff or corrections officer, approved
for an intergovernmental transfer and shall certify, to the receiving
jurisdiction and the
[
commission
]
chairperson
,
that no supplemental compensation was paid.
(cf: P.L.2008, c.29, s.19)
���� 6.��� N.J.S.11A:3-1 is amended
to read as follows:
���� 11A:3-1.���� Classification.�
The Civil Service Commission shall assign and reassign titles among the career
service, senior executive service and unclassified service. The
[
commission
]
chairperson
shall:
���� a.���� Establish, administer,
amend and continuously review a State classification plan governing all
positions in State service and similar plans for political subdivisions;
���� b.��� Establish, consolidate
and abolish titles;
���� c.���� Ensure the grouping in
a single title of positions with similar qualifications, authority and
responsibility;
���� d.��� Assign and reassign
titles to appropriate positions; and
���� e.���� Provide a specification
for each title.
(cf: P.L.2008, c.29, s.20)
���� 7.��� N.J.S.11A:3-7 is amended
to read as follows:
���� 11A:3-7.���� Employee
compensation.������ a.�� The
[
commission
]
chairperson
shall administer an equitable State employee compensation plan which shall
include pay schedules and standards and procedures for salary adjustments other
than as provided for in the State compensation plan for the career, senior
executive and unclassified services.
���� b.��� Prior to adoption or
implementation of an amendment, change or modification to the compensation plan
for State employees which amendment, change or modification affects public
employees represented by a majority representative selected or designated pursuant
to section 7 of P.L.1968, c.303 (C.34:13A-5.3), the State shall negotiate with
the majority representative for an agreement on the amendment, change or
modification to the compensation plan.� The State shall negotiate in good faith
with the majority representative.� A State employee compensation plan shall not
be amended, changed or modified except pursuant to a written agreement entered
into between the State and the majority representative following negotiations.
���� c.���� When an employee has
erroneously received a salary overpayment, the commission may waive repayment
based on a review of the case.
���� d.��� Employees of political
subdivisions are to be paid in reasonable relationship to titles and shall not
be paid a base salary below the minimum or above the maximum established salary
for an employee's title.
(cf: P.L.2008, c.29, s.26)
���� 8.��� N.J.S.11A:3-8 is amended
to read as follows:
���� 11A:3-8.���� Payroll audits.�
The
[
commission
]
chairperson
may audit State payrolls and the payrolls of political subdivisions to
determine compliance with this title.� The
[
commission
]
chairperson
may order and enforce immediate compliance as necessary.
(cf: P.L.2008, c.29, s.27)
���� 9.��� N.J.S.11A:4-1 is amended
to read as follows:
���� 11A:4-1.���� Examinations.�
The
[
commission
]
chairperson
shall provide for:
���� a.���� The announcement and
administration of examinations which shall test fairly the knowledge, skills
and abilities required to satisfactorily perform the duties of a title or group
of titles.� The examinations may include, but are not limited to, written, oral,
performance and evaluation of education and experience;
���� b.��� The rating of
examinations;
���� c.���� The security of the
examination process and appropriate sanctions for a breach of security;
and
���� d.��� The selection of special
examiners to act as subject matter specialists or to provide other assistance.�
Employees of the State or political subdivisions may be so engaged as part of
their official duties during normal working hours with the approval of their
appointing authority. Extra compensation may be provided for such service
outside normal working hours
[
;
and
]
.
����
[
e.
]
The
chairperson shall
recommend rules to the commission to implement the
right to appeal adverse
actions relating to the examination and appointment process, which shall
include but not be limited to rejection of an application, failure of an
examination and removal from an eligible list.
(cf: P.L.2008, c.29, s.28)
���� 10.� N.J.S.11A:4-2 is amended
to read as follows:
���� 11A:4-2.���� Holding of
examinations.� A vacancy shall be filled by a� promotional� examination when
considered by the
[
commission
]
chairperson
to be in the
best interest of the career service.
(cf: P.L.2008, c.29, s.31)
���� 11.� N.J.S.11A:4-3 is amended
to read as follows:
���� 11A:4-3.���� Admission to
examinations.� If it appears that an eligible list is not likely to provide
full certification for existing or anticipated vacancies from among qualified
residents of this State, or of political subdivisions where required by law,
the
[
commission
]
chairperson
may admit other qualified nonresident applicants.� Where residency preference
is provided pursuant to any other statute, the
[
commission
]
chairperson
may limit applicants to such classes as are necessary to establish a sufficient
pool of eligibles.
(cf: P.L.2008, c.29, s.32)
���� 12.� N.J.S.11A:4-4 is amended
to read as follows:
���� 11A:4-4.���� Eligible lists
and certifications.� The
[
commission
]
chairperson
shall provide for:
���� a.���� The establishment and
cancellation of eligible lists;
���� b.��� The certification of an
eligible list to positions in other appropriate titles; and
���� c.���� The consolidation of
eligible lists which may include, but is not limited to, the combining of names
of eligibles by scores.
(cf: P.L.2008, c.29, s.33)
���� 13.� N.J.S.11A:4-6 is amended
to read as follows:
���� 11A:4-6.���� Duration of
lists.� The
[
commission
]
chairperson
shall set the duration of an eligible list, which shall not be more than three
years from the date of its establishment, except that it may be extended by the
[
commission
]
chairperson
for good cause and a list shall not have a duration of more than four years.
Notwithstanding the duration of a list, the
[
commission
]
chairperson
may revive a list to implement a court order or decision of the
[
commission
]
chairperson
in the event of a successful appeal instituted during the life of the list or
to correct an administrative error.� The
[
commission
]
chairperson
may revive a list to effect the appointment of an eligible whose working test
period was terminated by a layoff.
(cf: P.L.2008, c.29, s.35)
���� 14.� N.S.J.11A:4-8 is amended
to read as follows:
���� 11A:4-8.���� Certification and
appointment.� The
[
commission
]
chairperson
shall certify the three eligibles who have received the highest ranking on an
open competitive or promotional list against the first provisional or vacancy.
For each additional provisional or vacancy against whom a certification is
issued at that time, the
[
commission
]
chairperson
shall certify the next ranked eligible.� If more than one eligible has the same
score, the tie shall not be broken and they shall have the same rank.� If three
or more eligibles can be certified as the result of the ranking without
resorting to all three highest scores, only those eligibles shall be so
certified.
���� A certification that contains
the names of at least three interested eligibles shall be complete and a
regular appointment shall be made from among those eligibles.� An eligible on
an incomplete list shall be entitled to a provisional appointment if a permanent
appointment is not made.
���� Eligibles on any type of
reemployment list shall be certified and appointed in the order of their
ranking and the certification shall not be considered incomplete.
(cf: P.L.2008, c.29, s.36)
���� 15.� N.J.S.11A:4-9 is amended
to read as follows:
���� 11A:4-9.���� The
[
commission
]
chairperson
may establish the following types of eligible lists:
���� a.���� Open competitive, which
shall include all qualified eligibles without regard to whether they are
currently employed by the State or a political subdivision;
���� b.��� Promotional, which shall
include qualified permanent eligibles;
���� c.���� Regular reemployment,
which shall include former permanent employees who resigned in good standing
and whose reemployment is certified by the appointing authority as in the best
interest of the service.� The name of any such employee shall not remain on a
reemployment list for more than three years from the date of resignation,
unless otherwise extended pursuant to N.J.S.11A:4-6;
���� d.��� Police, sheriff's
officer, or fire reemployment, which shall include former permanent uniformed
members of a police department, sheriff's office, or fire department who have
resigned in good standing and whose reemployment is certified by the appointing
authority as in the best interest of the service; and
���� e.���� Special reemployment,
which shall include permanent employees laid off or demoted in lieu of layoff
from permanent titles.�
(cf: P.L.2015, c.17.s.1)
���� 16.� N.J.S.11A:4-11 is amended
to read as follows:
���� 11A:4-11.�� Removal on
criminal record.� Upon the request of an appointing authority, the
[
commission
]
chairperson
may remove an eligible with a criminal record from a list when the criminal
record includes a conviction for a crime which adversely relates to the
employment sought.� The following factors may be considered in such
determination:
���� a.���� Nature and seriousness
of the crime;
���� b.��� Circumstances under
which the crime occurred;
���� c.���� Date of the crime and
age of the eligible when the crime was committed;
���� d.��� Whether the crime was an
isolated event; and
���� e.���� Evidence of
rehabilitation.
���� The presentation to an
appointing authority of a pardon or expungement shall prohibit an appointing
authority from rejecting an eligible based on such criminal conviction, except
for law enforcement, fire fighter or correction officer and other titles as
determined by the
[
commission
]
chairperson
.
(cf: P.L.2008, c.29, s.38)
���� 17.� N.J.S.11A:4-13 is amended
to read as follows:
���� 11A:4-13.�� Types of
appointment. The
[
commission
]
chairperson
shall provide for the following types of appointment:
���� a.���� Regular appointments
shall be to a title in the competitive division of the career service upon
examination and certification or to a title in the noncompetitive division of
the career service upon appointment. The appointments shall be permanent after
satisfactory completion of a working test period;
���� b.��� Provisional appointments
shall be made only in the competitive division of the career service and only
in the absence of a complete certification, if the appointing authority
certifies that in each individual case the appointee meets the minimum qualifications
for the title at the time of appointment and that failure to make a provisional
appointment will seriously impair the work of the appointing authority.� In no
case shall any provisional appointment exceed a period of 12 months;
���� c.���� Temporary appointments
may be made, without regard to the provisions of this chapter, to temporary
positions established for a period aggregating not more than six months in a
12-month period as approved by the commission. These positions include, but are
not limited to, seasonal positions. Positions established as a result of a
short-term grant may be established for a maximum of 12 months.� Appointees to
temporary positions shall meet the minimum qualifications of a title;
���� d.��� Emergency appointments
shall not exceed 30 days and shall only be permitted where nonappointment will
result in harm to persons or property;
���� e.���� Senior executive
service appointments shall be made pursuant to N.J.S.11A:3-3; and
���� f.���� Unclassified
appointments shall be made pursuant to N.J.S.11A:3-4 and N.J.S.11A:3-5.
(cf: P.L.2008, c.29, s.39)
���� 18.� N.J.S.11A:4-14 is amended
to read as follows:
���� 11A:4-14.�� Promotion.����� The
[
commission
]
chairperson
shall establish the minimum qualifications for promotion and shall provide for
the granting of credit for performance and seniority where appropriate.
(cf: P.L.2008, c.29, s.40)
���� 19.� N.J.S.11A:4-15 is amended
to read as follows:
���� 11A:4-15.�� Working test
period.� The purpose of the working test period is to permit an appointing
authority to determine whether an employee satisfactorily performs the duties
of a title.� A working test period is part of the examination process which
shall be served in the title to which the certification was issued and
appointment made.� The
[
commission
]
chairperson
shall provide for:
���� a.���� A working test period
following regular appointment of four months, which may be extended to six
months at the discretion of the
[
commission
]
chairperson
,
except that the working test period
[
for
political subdivision employees shall be three months and the working test
period
]
for entry level law enforcement, correction officer, and firefighter titles
shall be 12 months;
���� b.��� Progress reports to be
made by the appointing authority and provided to the employee at such times
during the working test period as provided by rules of the commission and a
final progress report at the end of the entire working test period shall be provided
to the employee and the
[
commission
]
chairperson
;
���� c.���� Termination of an
employee at the end of the working test period and termination of an employee
for cause during the working test period; and
���� d.��� The retention of
permanent status in the lower title by a promoted employee during the working
test period in the higher title and the right to return to such permanent title
if the employee does not satisfactorily complete the working test period, but employees
removed for cause during a working test period shall not be so returned.
(cf: P.L.2008, c.29, s.41)
���� 20.� N.J.S.11A:4-16 is amended
to read as follows:
���� 11A:4-16.�� Transfer,
reassignment and lateral title change.� The rules of the Civil Service
Commission shall define and establish the procedures for transfer, reassignment
and lateral title change.� Employees shall be granted no less than 30 days'
notice of transfer, except with employee consent or under emergent
circumstances as established by rules of the Civil Service Commission.� The
[
commission
]
chairperson
shall provide for relocation assistance for State employees who are transferred
or reassigned to a new work location due to a phasedown or closing of a State
operation, subject to available appropriations.� Transfers, reassignments, or
lateral title changes shall not be utilized as part of a disciplinary action,
except following an opportunity for hearing.� Nothing herein shall prohibit
transfers, reassignments, or lateral title changes made in good faith.� The
burden of proof demonstrating lack of good faith shall be on the employee.
(cf: P.L.2008, c.29, s.42)
���� 21.� N.J.S.11A:6-1 is amended
to read as follows:
���� 11A:6-1.���� Leaves.� The
Civil Service Commission shall designate the types of leaves and adopt rules
for State employees in the career and senior executive services regarding
procedures for sick leave, vacation leave and other designated leaves with or
without pay as the Civil Service Commission may designate.� Any political
subdivision subject to the provisions of this title shall prepare procedures
regarding these items.
���� In all cases, a leave of
absence with or without pay shall not exceed a period of one year at any one
time unless renewal or extension is granted upon written approval of the
[
commission
]
chairperson
.
(cf: P.L.2008, c.29, s.50)
���� 22.� Section 1 of P.L.1993,
c.297 (C.11A:6-1.1) is amended to read as follows:
���� 1.��� The
[
commission
]
chairperson
shall establish
, subject to rules adopted by the commission,
a voluntary
furlough program for State employees under which days of leave without pay,
singly or consecutively, may be taken.� The seniority rights and health
benefits coverage of an employee who participates in this furlough program
shall continue and shall not be adversely affected by participation.
(cf: P.L.2008, c.29, s.51)
���� 23.� N.J.S.11A:6-2 is amended
to read as follows:
���� 11A:6-2.���� Vacation leave;
full-time State employees.� Vacation leave for full-time State employees in the
career and senior executive service shall be at least:
���� a.���� Up to one year of
service, one working day for each month of service;
���� b.��� After one year and up to
five years of continuous service, 12 working days;
���� c.���� After five years and up
to 12 years of continuous service, 15 working days;
���� d.��� After 12 years and up to
20 years of continuous service, 20 working days;
���� e.���� Over 20 years of
continuous service, 25 working days;
���� f.���� Vacation not taken in a
given year because of business demands shall accumulate and be granted during
the next succeeding year only; except that vacation leave not taken by an
employee in the career and senior executive service in a given year because of
duties directly related to a state of emergency declared by the Governor shall
accumulate until, pursuant to a plan established by the employee's appointing
authority and approved by the
[
commission
]
chairperson
,
the leave is used or the employee is compensated for that leave, which shall
not be subject to collective negotiation or collective bargaining; and
���� g.��� Vacation not taken in a
given year because of business demands shall accumulate and be granted during
the next succeeding year only; except that vacation leave not taken by an
employee in the unclassified service in a given year because of duties directly
related to a state of emergency declared by the Governor shall accumulate
until, pursuant to a plan established by the employee's appointing authority
and approved by the
[
commission
]
chairperson
,
the leave is used or the employee is compensated for that leave, which shall
not be subject to collective negotiation or collective bargaining.� Nothing in
this subsection shall affect any rights to vacation leave which is subject to
collective negotiation or collective bargaining.
(cf: P.L.2008, c.29, s.52)
���� 24.� N.J.S.11A:6-3 is amended
to read as follows:
���� 11A:6-3.���� Vacation leave;
full-time political subdivision employees. Vacation leave for full-time
political subdivision employees shall be at least:
���� a.���� Up to one year of
service, one working day for each month of service;
���� b.��� After one year and up to
10 years of continuous service, 12 working days;
���� c.���� After 10 years and up
to 20 years of continuous service, 15 working days;
���� d.��� After 20 years of
continuous service, 20 working days; and
���� e.���� Vacation not taken in a
given year because of business demands shall accumulate and be granted during
the next succeeding year only; except that vacation leave not taken in a given
year because of duties directly related to a state of emergency declared by the
Governor may accumulate at the discretion of the appointing authority until,
pursuant to a plan established by the employee's appointing authority and
approved by the
[
commission
]
chairperson
,
the leave is used or the employee is compensated for that leave, which shall
not be subject to collective negotiation or collective bargaining
(cf: P.L.2008, c.29, s.53)
���� 25.� N.J.S.11A:6-24 is amended
to read as follows:
���� 11A:6-24.�� State employees in
the career, senior executive and unclassified services in titles or
circumstances designated by the Civil Service Commission shall be eligible for
overtime compensation and holiday pay.� Overtime compensation and holiday pay
shall be either cash compensation at a rate representing 1 1/2 times the
employee's hourly rate of base salary or compensatory time off at a rate of 1
1/2 hours for each hour worked beyond the regular workweek, at the discretion
of the department head, with the approval of the
[
commission
]
chairperson
.
���� The commission shall adopt
rules for the implementation of hours of work, overtime compensation and
holiday pay programs, which shall include but need not be limited to
application and eligibility procedures.
(cf: P.L.2008, c.29, s.56)
���� 26.� N.J.S.11A:6-26 is amended
to read as follows:
���� 11A:6-26.�� Employee career
development.� The State Treasurer shall develop and stimulate employee career
development and improve management and efficiency in State government through
programs, for which an assessment to State departments may be imposed, that
include but are not limited to:
���� a.���� Career mobility and
transferability;
���� b.��� Employee advisory
services for counseling and rehabilitation;
and
���� c.���� Retirement planning
[
; and
]
����
[
d.� Interchange and internship
programs
]
.
(cf: P.L.2008, c.29, s.58)
���� 27.� N.J.S.11A:6-27 is amended
to read as follows:
���� 11A:6-27.�� Political
subdivisions.� The
[
commission
]
chairperson
may, at the request of any political subdivision, initiate programs similar to
those authorized in this chapter and provide technical assistance to political
subdivisions to improve the efficiency and effectiveness of their personnel
management programs.� The
[
commission
]
chairperson
may require reasonable reimbursement from a participating political
subdivision.
(cf: P.L.2008, c.29, s.59)
���� 28.� N.J.S.11A:6-28 is amended
to read as follows:
���� 11A:6-28.�� Employee
performance evaluations.� The
[
commission
]
chairperson
shall establish an employee performance evaluation system for State employees
in the career and senior executive services.� The system shall utilize
standards and criteria related to job content and program goals.
���� Political subdivisions may
adopt employee performance evaluation systems for their employees.
���� The Civil Service Commission
shall adopt and enforce rules with respect to the utilization of performance
ratings in promotion, layoff or other matters.
(cf: P.L.2008, c.29, s.60)
���� 29.� N.J.S.11A:6-29 is amended
to read as follows:
���� 11A:6-29.�� Awards committee.�
The New Jersey Employee Awards Committee shall be established within the
[
Civil Service
Commission
]
Department of the Treasury
.� The committee shall be composed of seven
persons, each of whom shall be employed in a different department within the
Executive Branch. Appointments to the committee shall be made by the Governor,
from nominations by the
[
commission
]
State
Treasurer
, for staggered terms of three years or until a successor is
appointed.� No member shall serve more than two consecutive full terms.�
Members shall serve without compensation but shall be entitled to sums incurred
for necessary expenses.� The
[
commission
]
State
Treasurer
shall designate an employee as executive secretary to the
committee.
(cf: P.L.2008, c.29, s.61)
���� 30.� N.J.S.11A:6-31 is amended
to read as follows:
���� 11A:6-31.�� Powers and duties
of the committee.� The committee shall:
���� a.���� Adopt rules for the
implementation of the awards programs, subject to the approval of the
[
commission
]
State
Treasurer
;
���� b.��� Request and receive
assistance from any department in State government;
���� c.���� Prepare an annual
report to the Governor from the
[
commission
]
State
Treasurer
concerning the operation of the awards program; and
���� d.��� Establish and supervise
the awards committees in the departments in State government.
(cf: P.L.2008, c.29, s.62)
���� 31.� N.J.S.11A:7-13 is amended
to read as follows:
���� 11A:7-13.�� The
[
commission
]
chairperson
may establish procedures for the reasonable accommodation of persons with
disabilities in the employee selection process for the State and the political
subdivisions covered by this title.� Pursuant to rules adopted by the Civil
Service Commission, the
[
commission
]
chairperson
may waive an examination for an applicant who has a physical, mental, or
emotional injury, impairment, or disability which:
���� a.���� Makes it physically or
psychologically not practicable for that person to undergo the testing
procedure for the title for which applied, but
���� b.��� Does not prevent that
person from satisfactorily performing the responsibilities of the title under
conditions of actual service; and
���� c.���� In making such
determination, the
[
commission
]
chairperson
may require the submission of sufficient and appropriate medical documentation.
(cf: P.L.2017, c.131, s.14)
���� 32.� N.J.S.11A:8-3 is amended
to read as follows:
���� 11A:8-3.���� Alternatives to
layoff.� The
[
commission
]
chairperson
,
in consultation with the advisory committee established pursuant to subsection
m. of N.J.S.11A:2-11, may
[
adopt
]
recommend
rules
to the commission
on voluntary reduced work time or other
alternatives to layoffs.� Employee participation in the program shall not
affect special reemployment or retention rights.
(cf: P.L.2008, c.29, s.70)
���� 33.� N.J.S.11A:10-1 is amended
to read as follows:
���� 11A:10-1.�� Disapproval of
salary.� The Civil Service Commission
or chairperson
may disapprove and
order the payment stopped of the salary of any person employed in violation of
this title or an order of the Civil Service Commission
or chairperson
and recover all disapproved salary from such person.� Any person or persons who
authorize the payment of a disapproved salary or have employment authority over
the person whose salary has been disapproved may be subject to penalties,
including, but not limited to, the disapproval of their salaries and payment
from their personal funds of improper expenditures of the moneys as may be
provided by the rules of the Civil Service Commission.� This section shall not
be limited by the amounts set forth in N.J.S.11A:10-3.
(cf: P.L.2008, c.29, s.73)
���� 34.� N.J.S.11A:10-2 is amended
to read as follows:
���� 11A:10-2.�� Criminal violation
of title or order.� Any person who purposely or knowingly violates or conspires
to violate any provision of this title or Civil Service Commission
or
chairperson
order shall be guilty of a crime of the fourth degree.
(cf: P.L.2008, c.29, s.74)
���� 35.� N.J.S.11A:10-3 is amended
to read as follows:
���� 11A:10-3.�� Noncompliance.�
The Civil Service Commission
or chairperson
may assess all
administrative costs incurred under N.J.S.11A:4-5.� Other costs, charges and
fines of not more than $10,000.00 may be assessed for noncompliance or
violation of this title or any order of the Civil Service Commission
or
chairperson
.
(cf: P.L.2008, c.29, s.75)
���� 36.� N.J.S.11A:10-4 is amended
to read as follows:
���� 11A:10-4.�� Action for
enforcement.� The Civil Service Commission
, chairperson
or other party
in interest may bring an action in the Superior Court for the enforcement of
this title or an order of the Civil Service Commission
or chairperson
.
(cf: P.L.2008, c.29, s.76)
���� 37.� Section 19 of P.L.1969,
c.158 (C.18A:73-34) is amended to read as follows:
���� 19.� a.���� The President of
Thomas Edison State College or the designee thereof shall, with the advice of
the State Librarian, appoint all professional staff in the library, and fix the
compensation of all such persons thus appointed.� The President of Thomas
Edison State College or the designee thereof shall appoint such other personnel
as that person may consider necessary for the efficient performance of the work
of the library and fix their compensation.� All persons thus appointed shall be
subject to the provisions of Title 11A, Civil Service, of the New Jersey
Statutes.
���� b.��� For all purposes, the
employees of the State Library shall be considered employees of Thomas Edison
State College.
���� c.���� Thomas Edison State
College shall maintain, in a manner acceptable to the
chairperson of the
Civil Service Commission, the personnel records of all employees and positions
currently on staff and funded.� All such records shall be subject to audit by
the
[
Civil
Service Commission
]
chairperson
.
���� d.��� The State shall be
responsible for paying the entire employer contribution of the pension and
benefits costs for the State Library employees whose salaries are funded from
the direct State services portion of the annual appropriation for the State
Library.
(cf: P.L.2008, c.29, s.86)
���� 38.� Section 1 of P.L.1974,
c.44 (C.30:1-8.1) is amended to read as follows:
���� 1.��� The commissioner shall
be assisted in the performance of his duties by three deputy commissioners.�
Each deputy commissioner shall be appointed by and shall serve at the pleasure
of the commissioner, and until his successor has been appointed and qualified.
���� Each deputy commissioner shall
exercise such powers and perform such duties as the commissioner shall
prescribe.
���� Unless otherwise provided by
law, each deputy commissioner shall receive such salary as may be established
by the commissioner with the approval of the
chairperson of the
Civil
Service Commission and the Director of the Division of Budget and Accounting.
���� The commissioner may designate
one of the deputy commissioners to exercise the powers and perform the duties
of the commissioner during his disability or absence.
(cf: P.L.2008, c.29, s.88)
���� 39.� Section 5 of P.L.2003,
c.13 (C.39:2A-5) is amended to read as follows:
���� 5.��� a.�� Upon the
abolishment of the division, all career service employees serving in the
division on that date shall be employees of the commission and shall be
transferred to the commission pursuant to the "State Agency Transfer
Act," P.L.1971, c.375 (C.52:14D-1 et seq.) and shall retain their present
career service employment status and their collective bargaining status,
including all rights of tenure, retirement, pension, disability, leave of
absence, or similar benefits.� Future employees of the commission shall be
hired consistent with the provisions of Title 11A of the New Jersey Statutes
and the rules promulgated thereunder.
���� b.��� Upon action of the
commission, all agency employees shall become employees of the commission.�
Such employees shall be assigned to appropriate titles by the
chairperson of
the
Civil Service Commission.� Those private motor vehicle agency employees
who were employed by the agency on or before January 1, 2003 and who are
assigned to career service titles upon employment with the commission shall,
upon completion of the special probationary period described in section 7 of
P.L.2003, c.13 (C.39:2A-7), attain permanent, regular appointments in their
respective titles.� No special probationary period shall be required for those
who have previously completed a probationary period during their previous State
service employment.� Except for managerial and confidential employees as
defined by the "New Jersey Employer - Employee Relations Act,"
P.L.1941, c.100 (C.34:13A-1 et seq.), such employees shall be covered under the
State of New Jersey's collective bargaining agreements and shall obtain all
employment and collective bargaining rights consistent therewith.
���� c.���� Officers and employees
of the commission shall be enrolled in the Public Employees' Retirement System
and shall be eligible to participate in the State Health Benefits Program
established pursuant to the "New Jersey State Health Benefits Program Act,"
P.L.1961, c.49 (C.52:14-17.25 et seq.).
(cf: P.L.2008, c.29, s.93)
���� 40.� Section 1 of P.L.1976,
c.132 (C.40A:14-10.1a) is amended to read as follows:
���� 1.��� a.�� In any municipality
of this State, before any person shall be appointed as a member of the paid
fire department or paid member of a part-paid fire department, the appointing
authority may classify all the duly qualified applicants for the position or
positions to be filled in the following classes:
���� I.���� Residents of the
municipality.
���� II.�� Other residents of the
county in which the municipality is situate.
���� III.� Other residents of the
State.
���� IV.� All other qualified
applicants.
���� Within each such
classification duly qualified applicants who are veterans shall be accorded all
such veterans' preferences as are provided by law. Persons discharged from the
service within 6 months prior to making application to such municipality, who
fulfill the requirements of N.J.S.40A:14-10.1, and who, thereby, are entitled
to appointment notwithstanding their failure to meet the New Jersey residency
requirement at the time of their initial application, shall be placed in Class
III.
���� Preference in appointment
second to that accorded to veterans pursuant to current law but superseding
that accorded non-veterans shall be accorded all duly qualified applicants
whose natural or adoptive parent was killed in the lawful discharge of official
duties while serving as a member of any paid fire department or paid member of
any part-paid fire department in the State at any time prior to the closing
date for the filing of an application, provided that required documentation is
submitted with the application by the closing date.
���� When a veteran and a
non-veteran whose parent was killed in the lawful discharge of official duties
while serving as a member of any paid fire department, or paid member of any
part-paid fire department are duly qualified applicants for a position, first
preference shall be given to the veteran.
���� b.��� In any municipality
which classifies qualified applicants pursuant to subsection a. of this
section, the appointing authority shall first appoint all those in Class I and
then those in each succeeding class in the order above listed, and shall
appoint a person or persons in any such class only to a vacancy or vacancies
remaining after all qualified applicants in the preceding class or classes have
been appointed or have declined an offer of appointment.
���� c.���� In any such
municipality operating under the provisions of Title 11A of the New Jersey
Statutes, the classes of qualified applicants defined in subsection a. of this
section shall be considered as separate and successive lists of eligibles, and
the
chairperson of the
Civil Service Commission shall, when requested to
certify eligibles for positions specified in this section, make such
certifications from said classes separately and successively, and shall certify
no persons from any such class until all persons in the preceding class or
classes have been appointed or have declined offers of appointment.
���� d.��� This section shall apply
only to initial appointments and not to promotional appointments of persons
already members of the fire department.
���� e.���� In making temporary
appointments such appointing authority shall utilize the classifications set
forth in subsection a. of this section, and shall classify accordingly all duly
qualified applicants for the position or positions to be temporarily filled.
(cf: P.L.2008, c.29, s.97)
���� 41.� Section 2 of P.L.1976,
c.132 (C.40A:14-123.1a) is amended to read as follows:
���� 2.��� a.�� In any municipality
of this State, before any person shall be appointed as a member of the police
department and force, the appointing authority may classify all the duly
qualified applicants for the position or positions to be filled in the
following classes:
���� I.���� Residents of the
municipality.
���� II.�� Other residents of the
county in which the municipality is situate.
���� III.� Other residents of the
State.
���� IV.� All other qualified
applicants.
���� Within each such
classification duly qualified applicants who are veterans shall be accorded all
such veterans' preferences as are provided by law. Persons discharged from the
service within 6 months prior to making application to such municipality who fulfill
the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to
appointment notwithstanding their failure to meet the New Jersey residency
requirement at the time of their initial application, shall be placed in Class
III.
���� Preference in appointment
second to that accorded to veterans pursuant to current law but superseding
that accorded non-veterans shall be accorded all duly qualified applicants
whose natural or adoptive parent was killed in the lawful discharge of official
duties while serving as a law enforcement officer in any law enforcement agency
in the State at any time prior to the closing date for the filing of an
application, provided that required documentation is submitted with the
application by the closing date.� This paragraph shall not, however, be
applicable if the municipality has entered into a consent decree with the
United States Department of Justice concerning the hiring practices of the
municipality.
���� When a veteran and a
non-veteran whose parent was killed in the lawful discharge of official duties
while serving as a law enforcement officer in any law enforcement agency in the
State are duly qualified applicants for a position, first preference shall be
given to the veteran.
���� As used in this section,
"law enforcement officer" means any person who is employed as a
permanent full-time member of an enforcement agency, who is statutorily
empowered to act for the detection, investigation, arrest and conviction of
persons violating the criminal laws of this State and statutorily required to
successfully complete a training course approved, or certified as being
substantially equivalent to such an approved course, by the Police Training
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.); and "law
enforcement agency" means a department, division, bureau, commission,
board or other authority of the State or of any political subdivision thereof
which has by statute or ordinance the responsibility of detecting and enforcing
the general criminal laws of this State.
���� b.��� In any municipality
which classifies qualified applicants pursuant to subsection a. of this
section, the appointing authority shall first appoint all those in Class I and
then those in each succeeding class in the order above listed, and shall
appoint a person or persons in any such class only to a vacancy or vacancies
remaining after all qualified applicants in the preceding class or classes have
been appointed or have declined an offer of appointment.
���� c.���� In any such
municipality operating under the provisions of Title 11A of the New Jersey
Statutes, the classes of qualified applicants defined in subsection a. of this
section shall be considered as separate and successive lists of eligibles, and
the
chairperson of the
Civil Service Commission shall, when requested to
certify eligibles for positions specified in this section, make such
certifications from said classes separately and successively, and shall certify
no persons from any such class until all persons in the preceding class or
classes have been appointed or have declined offers of appointment.
���� d.��� This section shall apply
only to initial appointments and not to promotional appointments of persons
already members of the police department.
���� e.���� In making temporary
appointments the appointing authority may utilize the classifications set forth
in subsection a. of this section, and shall classify accordingly all duly
qualified applicants for the positions to be temporarily filled.
(cf: P.L.2008, c.29, s.98)
���� 42.� Section 1 of P.L.1996
c.140 (C.40A:14-182) is amended to read as follows:
���� 1.��� a.�� The provisions of
any other law to the contrary notwithstanding, the appointing authority of a
municipality which, pursuant to N.J.S.40A:14-7, has established and maintains a
paid or part-paid fire department and force or the board of fire commissioners in
the case of a fire district established pursuant to the provisions of
N.J.S.40A:14-70 et seq., may appoint as a member or officer of that fire
department or force any person who:
���� (1)�� was serving as a
civilian federal firefighter in good standing at any U.S. military installation
in the State in a career or conditional career status;
���� (2)�� satisfactorily completed
such firefighter training as is required for employment as a civilian federal
firefighter; and
���� (3)�� was, as a consequence of
the closure of, or a reduction in force or elimination of his position at, a
federal military installation in this State, terminated as a civilian federal
firefighter within 60 months prior to the appointment.
���� b.��� A municipality may
employ such a person notwithstanding that:
���� (1)�� Title 11A, Civil
Service, of the New Jersey Statutes is operative in that municipality;
���� (2)�� the municipality has
available to it an eligible or regular reemployment list of persons eligible
for such appointments; and
���� (3)�� the appointed person is
not on any eligible list.� A municipality which has adopted Title 11A, Civil
Service, may not employ such a person if a special reemployment list is in
existence for the firefighter title to be filled.
���� c.���� If a municipality
determines to appoint a person pursuant to the provisions of this act, it shall
give first priority in making such appointments to residents of the
municipality and second priority to residents of the county not residing in the
municipality.
���� d.��� The seniority,
seniority-related privileges and rank a civilian federal firefighter possessed
while employed at a federal military installation shall not be transferable to
a position in a municipal fire department and force obtained pursuant to the
provisions of this section.
���� e.���� To effectuate the
purposes of this section, the Civil Service Commission shall prepare and
circulate, to those municipalities which have established and maintain fire
departments and forces pursuant to N.J.S.40A:14-7, and to boards of fire
commissioners in the case of fire districts established pursuant to the
provisions of N.J.S.40A:14-70 et seq., a list of civilian federal firefighters
eligible for appointment under the provisions of this section.� The
chairperson
of the
Civil Service Commission shall also circulate the list to
municipalities and fire districts that have not adopted Title 11A, Civil
Service, of the New Jersey Statutes.
���� Placement on the list compiled
by the commission shall be governed by length of service as a federal
firefighter.� A federal firefighter may apply for placement on the list at the
time he or she receives a notice of termination of position or a priority placement
program notice, and shall remain on the list for a period of four years.
(cf: P.L.2012, c.33, s.1)
���� 43.� Section 27 of P.L.2007,
c.63 (C.40A:65-27) is amended to read as follows:
���� 27.� a.���� Once a
consolidation has been approved by the affected municipal governing bodies or
voters, the division shall create a task force of State departments, offices
and agencies, as it deems appropriate, and representatives of affected
negotiations units, to facilitate the consolidation and provide technical
assistance.
���� b.��� When a consolidation
plan provides that the consolidated municipality will be subject to the
provisions of Title 11A, Civil Service, of the New Jersey Statutes the
chairperson
of the
Civil Service Commission is specifically authorized to create a
consolidation implementation plan to vest non-civil service employees, based on
the education and experience of the individuals, in appropriate titles and
tenure.
���� c.���� Whenever a referendum
question to decide if a consolidated municipality shall be subject to the
provisions of Title 11A, Civil Service, of the New Jersey Statutes fails, the
employees of a municipality already subject to that Title shall be given
non-civil service titles in the new entity and previously held tenure shall be
vacated.
���� d.��� The Public Employment
Relations Commission is authorized to provide technical advice, pursuant to
section 12 of P.L.1968, c.303 (C.34:13A-8.3), to assist a new municipality
and existing labor unions to integrate separate labor agreements into consolidated
agreements and to adjust the structure of collective negotiations units, as the
commission determines appropriate for the consolidated municipality.
(cf: P.L.2008, c.29, s.103)
���� 44.� Section 2 of P.L1974,
c.55 (C.52:14-15.108) is amended to read as follows:
���� 2.��� The salary ranges for
the following positions shall be as established by the
chairperson of the
Civil Service Commission with the approval of the Director, Division of Budget
and Accounting.� The salary rate for any such position shall be the salary step
in such range next above the salary currently being paid; provided, however,
that any sums appropriated for salaries may be made available for salary
adjustments therein arising from various exigencies of the State service and
for normal merit salary increments as the
chairperson of the
Civil
Service Commission, the State Treasurer and the Director of the Division of
Budget and Accounting shall determine; and provided, further, that nothing in
this act shall reduce the salary rate for any such position below that which is
being paid on the effective date of this act:
���� Community Affairs Department
����������� Assistant Commissioner
of Community Affairs
����������� Director, Division of
State and Regional Planning
����������� Director, Division of
Local Government Services
����������� Director, Division of
Housing and Urban Renewal
����������� Director, Office of
Aging Programs
����������� Director, Office on
Women
���� Environmental Protection
Department
����������� Director, Division of
Water Resources
����������� Director, Division of
Parks and Forestry
����������� Director of Fish, Game
and Shell Fisheries
����������� Director, Division of
Marine Services
����������� Director, Division of
Environmental Quality
���� Health Department
����������� Director, Division of
Narcotic and Drug Abuse Control
����������� Chief State Medical
Examiner
���� Corrections Department
����������� Chairman, State Parole
Board
����������� Associate Member, State
Parole Board
����������� Public Defender
���� Labor and Workforce
Development Department
����������� Director, Workplace
Standards
���� Law and Public Safety
Department
����������� Director, Division of
Alcoholic Beverage Control
����������� State Superintendent of
Weights and Measures
���� Public Utilities Department
����������� Director, Office of
Cable Television
����������� Executive Director,
Public Broadcasting
���� State Department
���� Transportation Department
����������� Assistant Commissioner
for Highways
����������� Assistant Commissioner
for Public Transportation
���� Treasury Department
����������� Director, Division of
Budget and Accounting
����������� Director, Division of
Taxation
����������� Director, Division of
Purchase and Property
����������� Director, Division of
Pensions and Benefits
����������� Director, Division of
State Lottery.
(cf: P.L. 2023, c.349, s.6)
���� 45.� Section 6 of P.L.1995,
c.284 (C.52:17B-174) is amended to read as follows:
���� 6. a. The Youth Justice
Commission shall employ, within the limits of available funds, juvenile
corrections officers to staff each State secure juvenile facility and to
provide security for other State juvenile facilities and programs including
parole programs as deemed appropriate and to perform all other duties related
to enforcement of confinement and conditions of release including execution of
warrants and legal process.� Juvenile corrections officers shall be in the
competitive division of the career service established pursuant to
N.J.S.11A:3-2, "policemen" within the meaning of section 1 of
P.L.1944, c.255 (C.43:16A-1) and members of the Police and Firemen's Retirement
System of New Jersey established pursuant to section 2 of P.L.1944, c.255
(C.43:16A-2), and shall be "employees" within the meaning of section
3 of P.L.1941, c.100 (C.34:13A-3).
���� b.��� Except as provided in
subsection c. of this section, no person shall be appointed as a juvenile
corrections officer unless that person:
���� (1)�� Is a citizen of the
United States;
���� (2)�� Is able to read, write
and speak the English language well and intelligently;
���� (3)�� Has a high school
diploma or its equivalent;
���� (4)�� Is sound in body and of
good health;
���� (5)�� Is of good moral
character;
���� (6)�� Has not been convicted
of any offense which would make the person unfit to perform the duties of a
juvenile corrections officer;
���� (7)�� Has successfully
completed the training course approved by the Police Training Commission and
required by section 5 of P.L.1988, c.176 (C.52:17B-68.1) or is exempt pursuant
to the provisions of that section; and
���� (8)�� Meets such other
qualifications, including education and training, as may be specified by the
commission in consultation with the
chairperson of the
Civil Service
Commission.
���� c.� (1)� Pending appointment
of a full complement of juvenile corrections officers who meet the requirements
of subsection b. of this section, the commission and the Commissioner of
Corrections shall arrange through agreement for the assignment of corrections
officers necessary to fill the positions transferred pursuant to section 8 of
P.L.1995, c.284 (C.52:17B-176).� Corrections officers assigned to the
commission pursuant to such an agreement shall be under the supervision of the
commission during the period of assignment as provided by the agreement between
the commission and the Commissioner of Corrections.� The primary concerns of
all agreements governing assignment and supervision shall be public safety and
safety within the facilities and programs.� No officer assigned pursuant to
such an agreement shall, by virtue of such assignment, be considered an
employee of the commission or lose or suffer any diminution of any right,
power, privilege or benefit to which the employee would otherwise be entitled pursuant
to the provisions of Title 11A of the New Jersey Statutes, Title 34 of the
Revised Statutes, or Title 43 of the Revised Statutes, including any rights,
powers, privileges or benefits as to salary, seniority, promotion,
re-employment, retirement, pension or representation for purposes of collective
bargaining;
���� (2)�� Notwithstanding the
provisions of subsection b. of this section, a corrections officer assigned to
the commission pursuant to this section shall not be considered ineligible for
the position of juvenile corrections officer solely because the officer does
not meet any educational or training requirement the commission may establish
and may be appointed as a juvenile corrections officer if the officer applies
for such position within 18 months of the effective date of this act.� A
juvenile corrections officer appointed pursuant to this subsection shall not be
deprived of any right or protection provided by Title 11A of the New Jersey
Statutes or any pension or retirement system and, notwithstanding any law or
regulation to the contrary, shall be eligible to compete for vacant positions
within the Department of Corrections with full credit for experience, service
and rank earned as an employee of the Department of Corrections and such credit
for experience, service and rank earned as an employee of the commission as the
Commissioner of Corrections, after consultation with the
chairperson of the
Civil Service Commission, deems appropriate.
���� d.��� Each juvenile
corrections officer shall by virtue of such employment and in addition to any
other power or authority, be empowered to act as an officer for the detection,
apprehension, arrest and adjudication of offenders against the law and, subject
to regulations promulgated by the commission and conditions set forth in
N.J.S.2C:39-6, shall have the authority to possess and carry a firearm.
(cf: P.L.2025, c.35, s.78)
���� 46.� Section 24 of P.L.1999,
c.152 (C.13:8C-24) is amended to read as follows:
���� 24.� a.�� (1)���� There is
established in the Department of Environmental Protection the Office of Green
Acres.� The commissioner may appoint an administrator or director who shall
supervise the office, and the department may employ such other personnel and
staff as may be required to carry out the duties and responsibilities of the
department and the office pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) and
P.L.2016, c.12 (C.13:8C-43 et seq.), all without regard to the provisions of
Title 11A, Civil Service, of the New Jersey Statutes.� Persons appointed or
employed as provided pursuant to this subsection shall be compensated in a
manner similar to other employees in the Executive Branch, and their
compensation shall be determined by the
chairperson of the
Civil Service
Commission.
���� (2)�� The Green Acres Program
in the Department of Environmental Protection, together with all of its
functions, powers and duties, are continued and transferred to and constituted
as the Office of Green Acres in the Department of Environmental Protection.� Whenever,
in any law, rule, regulation, order, contract, document, judicial or
administrative proceeding or otherwise, reference is made to the Green Acres
Program, the same shall mean and refer to the Office of Green Acres in the
Department of Environmental Protection.� This transfer shall be subject to the
provisions of the "State Agency Transfer Act," P.L.1971, c.375
(C.52:14D-1 et seq.).
���� b.��� The duties and
responsibilities of the office shall be as follows:
���� (1)�� Administer all
provisions of P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43
et seq.) pertaining to funding the acquisition and development of lands for
recreation and conservation purposes as authorized pursuant to Article VIII,
Section II, paragraph 6 and paragraph 7 of the State Constitution;
���� (2)�� Continue to administer
all grant and loan programs for the acquisition and development of lands for
recreation and conservation purposes, including the Green Trust, established or
funded for those purposes pursuant to:� P.L.1961, c.45 (C.13:8A-1 et seq.);
P.L.1971, c.419 (C.13:8A-19 et seq.); P.L.1975, c.155 (C.13:8A-35 et seq.); or
any Green Acres bond act;
���� (3)�� Adopt, with the approval
of the commissioner and pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:
���� (a)�� establishing application
procedures for grants and loans for the acquisition and development of lands
for recreation and conservation purposes, criteria and policies for the
evaluation and priority ranking of projects for eligibility to receive funding
for recreation and conservation purposes using constitutionally dedicated
moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or constitutionally
dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et� seq.), any
conditions that may be placed on the award of a grant or loan for recreation
and conservation purposes pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or
P.L.2016, c.12 (C.13:8C-43 et al.), and any restrictions that may be placed on
the use of lands acquired or developed with a grant or loan for recreation and
conservation purposes pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or
P.L.2016, c.12 (C.13:8C-43 et seq.).� The criteria and policies established
pursuant to this subparagraph for the evaluation and priority ranking of
projects for eligibility to receive funding for recreation and conservation
purposes using constitutionally dedicated moneys pursuant to P.L.1999, c.152
(C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to
P.L.2016, c.12 (C.13:8C-43 et seq.) may be based upon, but need not be limited
to, such factors as: protection of the environment, natural resources, water
resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas,
stream corridors, beaches and coastal resources, forests and grasslands, scenic
views, biodiversity, habitat for wildlife, rare, threatened, or endangered
species, and plants; vernal habitat; degree of likelihood of development;
promotion of greenways; provision for recreational access and use; protection
of geologic, historic, archaeological, and cultural resources; relative cost;
parcel size; and degree of public support;
���� (b)�� addressing any other
matters deemed necessary to implement and carry out the goals and objectives of
Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution
and P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43 et
seq.) with respect to the acquisition and development of lands for recreation
and conservation purposes, including the acquisition of lands for recreation
and conservation purposes that have been damaged by, or may be prone to
incurring damage caused by, storms or storm-related flooding, or that may
buffer or protect other lands from such damage; and
���� (c)�� establishing application
requirements and a fee schedule for the review by the department of
applications to convey, dispose of, or divert to a use other than recreation
and conservation purposes lands acquired or developed by a local government
unit or a qualifying tax exempt nonprofit organization for recreation and
conservation purposes using funds from any Green Acres bond act,
constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et
al.), or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12
(C.13:8C-43 et seq.), or lands held by the local government unit for recreation
and conservation purposes at the time of receipt of such funds.� The fees
established pursuant to this subparagraph shall reflect the costs of the Office
of Green Acres incurred in processing and reviewing applications to convey,
dispose of, or divert lands acquired, developed, or held for recreation and
conservation purposes to a use other than recreation and conservation
purposes.� All fees collected pursuant to the fee schedule adopted pursuant to
this subparagraph shall be used to offset the administrative costs of the
Office of Green Acres associated with such reviews pursuant to the provisions
of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419
(C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), sections 31 through
35 of P.L.1999, c.152 (C.13:8C-31 through C.13:8C-35), and section 11 of
P.L.2016, c.12 (C.13:8C-53), as appropriate, and any other applicable law; and
���� (4)�� Establishing criteria
and policies for the evaluation and priority ranking of State projects to
acquire and develop lands for recreation and conservation purposes using
constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et
al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12
(C.13:8C-43 et seq.), which criteria and policies may be based upon, but need
not be limited to, such factors as:� protection of the environment, natural
resources, water resources, watersheds, aquifers, wetlands, floodplains and
flood-prone areas, stream corridors, beaches and coastal resources, forests and
grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened,
or endangered species, and plants; vernal habitat; degree of likelihood of
development; promotion of greenways; provision for recreational access and use;
protection of geologic, historic, archaeological, and cultural resources;
relative cost; parcel size; and degree of public support.
(cf: P.L.2019, c.136, s.7)
���� 47.� N.J.S.11A:11-2 is amended
to read as follows:
���� 11A:11-2.�� a.�� The
Department of Personnel is abolished as a principal department in the Executive
Branch of State government.� The offices and terms of the Commissioner of
Personnel, the deputy commissioner, assistant commissioners, and the directors
of the various divisions and offices of the Department of Personnel are
terminated, except as otherwise provided by P.L.2008, c.29.�
���� b.��� The functions, powers,
and duties of the Department of Personnel, the Commissioner of Personnel, the
deputy commissioner, assistant commissioners, and directors of the various
divisions and offices of the Department of Personnel are continued and transferred
as provided by P.L.2008, c.29.� The State Treasurer may allocate the functions,
powers, and duties transferred to the Department of the Treasury or the State
Treasurer by P.L.2008, c.29 among such divisions or subdivisions in the
Department of the Treasury as the State Treasurer deems appropriate or as the
State Treasurer may establish.
���� c.���� (1)�� The Division of
Equal Employment Opportunity and Affirmative Action as constituted in the
Department of Personnel, with its functions, powers, and duties, and those of
the Commissioner of Personnel and the Merit System Board with regard to that
division, is continued and transferred to the Department of the Treasury,
except with regard to the power to adjudicate complaints of violations of the
State policy against discrimination which power shall remain with the Civil
Service Commission.� The functions, powers, and duties of the Division of Equal
Employment Opportunity and Affirmative Action shall be allocated within the
department as the State Treasurer shall determine.
���� The Equal Employment
Opportunity Advisory Commission as constituted in the Department of Personnel
is continued and transferred to the Department of the Treasury to be allocated
within that department as the State Treasurer shall determine.� The members of
the Equal Employment Opportunity Advisory Commission shall continue as members
of the commission for the duration of their current terms and any
reappointments and until their successors are appointed, unless removed for
cause.
���� (2)�� The planning and
research unit and function as constituted in the Department of Personnel is
continued and transferred to the Department of the Treasury to be allocated
within that department as the State Treasurer shall determine.
���� d.��� The Working Well NJ
State employee wellness program as constituted in the Department of Personnel
is continued and transferred to the Department of Health to be allocated within
that department as the commissioner shall determine.
���� e.���� The toll-free
information "Law Enforcement Officer Crisis Intervention Services"
telephone hotline as constituted in the Department of Personnel is continued
and transferred to the Department of Human Services, pursuant to sections 115
to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2), to be allocated within
that department as the commissioner shall determine.
���� f.���� The New Jersey Employee
Awards Committee as constituted in the
[
Department
of Personnel
]
Civil Service Commission as of the effective date of P.L.�� , c.�����
(pending before the Legislature as this bill)
is continued and transferred
to the
[
Civil
Service Commission
]
Department of Treasury
.� The members of the New Jersey Employee Awards
Committee shall continue as members of the committee for the duration of their
current terms and any reappointments and until their successors are appointed,
unless removed for cause.
���� g.��� The commission shall
develop a plan for the consolidation and coordination of personnel and related
functions, including, but not limited to, classification, compensation, and
workforce planning, in the executive branch of State government and for transfer
to the commission of employees, positions, funding, facilities, equipment,
powers, and duties from throughout the executive branch of State government as
necessary and appropriate to effectuate such consolidation and coordination.�
���� h.��� The commission shall
submit the plan prepared pursuant to subsection g. of this section to the
Governor for review and approval.� With the approval of the Governor and in
accordance with regulations adopted by the commission, the commission, pursuant
to the approved plan, shall direct the consolidation and coordination of
personnel and related functions, including, but not limited to, classification,
compensation, and workforce planning, in the executive branch of State
government and transfer to the commission employees, positions, funding,
facilities, equipment, powers, duties, and functions from throughout the
executive branch of State government to effectuate the consolidation and
coordination.� The commission shall organize these functions in the units as
the commission determines are necessary for the efficient operation of the
commission and in a manner as will provide the appointing authorities and all
State employees with proper support in personnel matters.� The consolidation
shall not apply to those functions which the commission has determined are
unique to each department or agency in its capacity as an appointing
authority.�
���� i.���� Each department,
office, division, bureau, or agency in the executive branch of State government
shall cooperate with the commission and make available to the commission such
information, personnel and assistance necessary to effectuate the purposes of P.L.2008,
c.29.
���� j.���� This section shall not
be construed to permit or require negotiations pursuant to the "New Jersey
Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), of
any rule or regulation promulgated by the State Treasurer or Civil Service
Commission pursuant to this section or any other section of this title.�
(cf: P.L.2012, c.17, s.24)
���� 48.� This act shall take
effect immediately.
STATEMENT
���� This bill replaces references
to the Civil Service Commission in various sections of Title 11A of the New
Jersey Statutes (Civil Service), and in various other statutes, with the
chairperson of the commission in order to clarify the duties and responsibilities
of the chairperson.� The Civil Service Commission was created in 2008 when the
Department of Personnel was abolished.� This bill makes corrective and
clarifying adjustments to the statutes deemed necessary following that
reorganization.
���� In addition, the bill
transfers the State Employee Awards Committee from the Civil Service Commission
to the Department of the Treasury and the responsibility for internship
programs from the Department of the Treasury to the Civil Service Commission.�
The bill permits the chairperson of the commission to appoint a deputy
administrator and changes the working test period for regular appointments of
political subdivision employees from three to four months.