Makes various changes to civil service law concerning seasonal appointments, temporary layoffs, and rescinding adoption of civil service.

A5247

ASSEMBLY, No. 5247

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 11, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Makes various changes to civil service law concerning
seasonal appointments, temporary layoffs, and rescinding adoption of civil
service.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning civil service matters,
amending various parts of the statutory law, and supplementing Title 11A of the
New Jersey Statutes.

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

���� 1.��� N.J.S.11A:4-13 is
amended to read as follows:

���� 11A:4-13.� Types of
appointment.� The commission 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
chairperson of the
commission. These
positions include, but are not limited to, seasonal positions.�
Seasonal
positions may be established for a maximum of nine months in a 12-month period if
the appointing authority has submitted the applicable list of seasonal titles
to the chairperson and the chairperson has approved the titles.
� 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)

���� 2.��� (New section)� a.� An
appointing authority in State or local service may institute a temporary layoff
for economy, efficiency, or other related reasons.� A temporary layoff shall be
defined as: (1) the closure of an entire layoff unit for one or more work days
over a defined period; or (2) a staggered layoff of each employee in a layoff
unit for one or more work days over a defined period.� A temporary layoff shall
be considered a single layoff action even though the layoff of individual
employees takes place on different days during the defined period.� The defined
period shall be set forth by the appointing authority in its temporary layoff
plan; however, in a staggered layoff, the maximum period to stagger one day off
shall not exceed 45 days.

���� b.��� A temporary layoff may,
with the approval of the chairperson, be subject to limited exceptions when
necessary to ensure continued public health and safety, including but not
limited to child welfare, law enforcement, and care for prisoners, patients,
and other residents in the care or custody of the State or local government.

���� c.���� In a temporary layoff,
no employee in the layoff unit, whether of the career, senior executive, or
unclassified service, shall be paid for any work day that is designated as a
temporary layoff day.� Any employee who is designated as exempt from a
temporary layoff day pursuant to subsection b. of this section shall be paid
the employee�s regular wages for working on that day.

���� d.��� A temporary layoff plan
shall be submitted to the chairperson at least 15 days prior to the issuance of
temporary layoff notices or such other period as permitted by the chairperson.�
The temporary layoff plan shall describe the implementation of the temporary
layoff, including the specific day or days on which the layoff unit will be
closed, any exceptions pursuant to subsection b. of this section, and, if
staggered, the reasons for not closing the entire layoff unit on a specific
day, and the staffing plan for implementing a staggered temporary layoff.�
Part-time employees shall be designated for a proportional amount of temporary
layoff time, consistent with the ratio of hours worked to full-time
employment.� In a staggered temporary layoff, the appointing authority shall be
permitted, in its sole discretion, to designate as unpaid temporary layoff time
any planned or unplanned leave time taken by an employee during the defined
layoff period, up to the maximum temporary layoff time for that defined layoff
period.� Employees shall not be permitted to substitute any paid leave for an
unpaid temporary layoff day.

���� e.���� For purposes of accrual
of leave time, anniversary dates, paid holidays, and seniority, temporary
layoff time shall be treated as if the employee is in pay status.� An employee
serving a working test period shall have the working test period extended for
the time equal to the temporary layoff time.� A leave under the federal Family
and Medical Leave Act or other leave for medical or family reasons shall not be
affected by a temporary layoff.� An alternate work week program may be
suspended for pay periods in which a temporary layoff is implemented.

���� f.���� Because a temporary
layoff is intended to apply equally to all employees in the layoff unit subject
only to the exception and staggered schedules set forth in this section,
subsections b. (seniority), d. (job location), e. (lateral and demotional title
rights), f. (application of lateral and demotional title rights within job
locations), g. (exercise of lateral and demotional title rights), and h.
(special reemployment rights) of N.J.S.11A:8-1 shall not be applicable to a
temporary layoff.

���� 3.��� (New section)� A county
or municipality operating under the provisions of Title 11A of the New Jersey
Statutes may rescind the adoption in the county or municipality of the
provisions of Title 11A of the New Jersey Statutes upon either:�

���� a.���� the clerk of the county
or municipality submitting the question of rescinding the provisions of Title
11A of the New Jersey Statutes to the voters of the county or municipality upon
the filing of a petition with the clerk requesting the rescission.� The
petition shall be signed by the registered voters of the county or municipality
equal in number to at least 15 percent of the valid votes cast in the county or
municipality at the last preceding general election.� Each name shall be
printed and signed and the place of residence indicated by street and number or
other description sufficient to identify the place. �At the bottom of each
separate page of the petition, there shall be printed an affidavit, which shall
be signed by the circulator of that page that the circulator, and only the
circulator, personally circulated the page, that all signatures to the petition
appearing on that page were made in the circulator's presence, and that the
circulator believes them to be genuine signatures of the persons whose names
they purport to be.� If a rescission petition is presented to a prospective
petition signer by a part print advertisement, paid mailing, or paid solicitor,
the petition and any appeal for the signature of such a prospective signer
shall disclose prominently: (1) the identity of the person paying for the
printed or personal solicitation, and (2) that the solicitor is paid; or

���� b.��� the adoption of an
ordinance by the governing body of the municipality, or the adoption of a
resolution by the governing body of the county, rescinding the provisions of
Title 11A of the New Jersey Statutes.�

���� 4.��� (New section)� a.�
Within 10 days from the date of filing the petition, the clerk shall, in
conjunction with and with the cooperation of the commissioner of registration
of the appropriate county, complete an examination and ascertain whether or not
the petition is signed by the requisite number of qualified voters, shall
attach to the petition a certificate showing the result of the examination,
and, in the case of a municipal clerk, shall transmit to the county clerk a
notice that the question of rescission has been qualified for submission to the
voters, including with that notice a copy of the certificate.� The question
shall be submitted at the next general election, or alternatively in the case
of a municipality in which municipal elections are held, the next municipal
election, occurring on or after the 60th day following the date on which the
clerk shall have issued the certificate.� The municipal or county clerk, as
appropriate, shall cause the question to be printed upon the ballots to be used
at the election.

���� b.��� The clerk shall, prior
to an election at which the question of rescinding the adoption of the
provisions of Title 11A of the New Jersey Statutes is to be submitted to the
voters, give public notice of that submission.� Public notice shall include,
but need not be limited to, publication in the county�s or municipality�s
official newspaper once a week for at least four weeks and posting of the
notice in five of the most public places in the county or municipality for at
least four weeks before the election.�

���� c.���� If the clerk refuses or
neglects to comply with the provisions of sections 4 through 6 of P.L.��� ,
c.��� (C.���� ) (pending before the Legislature as this bill), a registered
voter of the county or municipality may apply to a judge of the Superior Court
in the county in which the political subdivision is located for an order
directing and compelling the submission of the question involved in the
petition.� The judge shall hear the matter summarily.� If the judge finds and
determines that the petition is in accordance with law, an appropriate order
shall be issued.� Any clerk failing to comply with the order of the court, or
any public official, officer, agent or employee interfering with, or
preventing, a clerk from satisfying an order, shall be guilty of a crime of the
fourth degree.

���� d.��� If the result of the
election is favorable to rescinding the adoption of Title 11A of the New Jersey
Statutes, the result shall be certified by the governing body of the county or
municipality to the chairperson of the Civil Service Commission.� The rescission
shall take effect on a date established by the chairperson no less than six
months and no greater than one year following the election at which the
rescission was approved.� If a majority of the votes cast at the election are
against rescission, no new election may be held on the same question before the
second general election or municipal election, as appropriate, following the
election at which that rejection of rescission was voted.�

���� 5.��� (New section)� a.� A
fire district or districts within a municipality that has rescinded Title 11A
of the New Jersey Statutes shall be deemed to have rescinded Title 11A of the
New Jersey Statutes with respect to its employees.�

���� b.��� The Civil Service
Commission shall promulgate regulations providing for the orderly transition,
in any county, municipality, fire district, or school district which has
adopted the rescission, in the personnel system of the county, municipality,
fire district, or school district during the period prior to the effective date
as set forth in section 4 of P.L.�� , c.��� (C.��� ) (pending before the
Legislature as this bill).�

���� c.���� A county, municipality,
or school district which rescinds the adoption of the provisions of Title 11A
of the New Jersey Statutes shall not be permitted to readopt such provisions
for a period of at least 10 years from the effective date of the rescission and
shall be permitted to readopt the provisions of Title 11A of the New Jersey
Statutes only once.�

���� d.��� An employee with
permanent status in a title on the date that the rescission of Title 11A of the
New Jersey Statutes takes effect shall retain only those rights to a Civil
Service Commission hearing available to career service employees upon
disciplinary removal from government services pursuant to N.J.S.11A:2-13 et
seq., or to challenge the good faith of a layoff pursuant to N.J.S.11A:8-4.

���� e.���� Following the
rescission of Title 11A of the New Jersey Statutes, the county, municipality,
fire district, or school district may enter into a contract with the Civil
Service Commission, in an amount that shall not exceed that permitted by law,
for testing, classification, compensation, or other technical personnel
services.

���� 6.��� N.J.S.11A:9-6 is amended
to read as follows:�

���� 11A:9-6.� Adoption of title;
elections. �The
[
method
of submitting the question of
]

procedure for
the adoption
, rejection, or rescission
of this
title
[
to
]

by
the
voters of a county or municipality shall conform as nearly as possible to the
provisions of Title 19 of the Revised Statutes
, if appropriate,
relating
to the submission of public questions and
[
when
submitted
]

at a school district election, shall conform as nearly as possible to the
provisions of Title 18A of the New Jersey Statutes
, if appropriate,

relating to the submission of public questions in school districts.

(cf:� N.J.S.11A:9-6)�

���� 7.��� This act shall take
effect July 1, 2027, or if enacted after that date, this act shall take effect
immediately upon enactment.�

STATEMENT

���� This bill allows a civil
service seasonal temporary appointment, currently limited to a maximum length
of six months, to be a maximum of nine months in length upon the submission by
the appointing authority of an application to, and approval of the chairperson
of the Civil Service Commission.

���� Also, this bill provides that
an appointing authority in State or local service may institute a temporary
layoff for economy, efficiency, or other related reasons.� A temporary layoff
is defined as the closure of an entire layoff unit for one or more work days
over a defined period or a staggered layoff of each employee in a layoff unit
for one or more work days over a defined period.� A temporary layoff will be
considered a single layoff action despite the layoff of individual employees
taking place on different days during the defined period.� The defined period
will be set forth by the appointing authority in its temporary layoff plan.� In
a staggered layoff, however, the maximum period to stagger one day off is
limited to 45 days.

���� The bill further provides that
a temporary layoff may, with the approval of the chairperson, be subject to
limited exceptions when necessary to ensure continued public health and safety,
including but not limited to child welfare, law enforcement, and care for
prisoners, patients, and other residents in the care or custody of the State or
local government.

���� In a temporary layoff, no
employee in the layoff unit, whether of the career, senior executive, or
unclassified service, will be paid for any work day that is designated as a
temporary layoff day.� Any employee who is designated as exempt from a
temporary layoff day will be paid regular wages for working on that day.� A
temporary layoff plan must be submitted to the chairperson at least 15 days
prior to the issuance of temporary layoff notices, or such other period as
permitted by the chairperson.� The temporary layoff plan must describe the
implementation of the temporary layoff, including the specific days on which
the layoff unit will be closed, any exceptions, and, if staggered, the reasons
for not closing the entire layoff unit on a specific day, and the staffing plan
for implementing a staggered temporary layoff.� Part-time employees will be
designated for a proportional amount of temporary layoff time.� In a staggered
temporary layoff, the appointing authority will be permitted, in its sole
discretion, to designate as unpaid temporary layoff time any planned or unplanned
leave time taken by an employee during the defined layoff period, up to the
maximum temporary layoff time for that defined layoff period.� Employees will
not be permitted to substitute any paid leave for an unpaid temporary layoff
day.

���� For purposes of accrual of
leave time, anniversary dates, paid holidays, and seniority, temporary layoff
time will be treated as if the employee is in pay status.� An employee serving
a working test period, however, will have the working test period extended for
the time equal to the temporary layoff time.� A leave for medical or family
reasons will not be affected by a temporary layoff.� An alternate work week
program may be suspended for pay periods in which a temporary layoff is
implemented.

���� Because a temporary layoff is
intended to apply equally to all employees in the layoff unit, subject only to
the exception and staggered schedules set forth in the bill, the following will
not be applicable to a temporary layoff:� seniority; job location; lateral and
demotional title rights; application of lateral and demotional title rights
within job locations; exercise of lateral and demotional title rights; and
special reemployment rights.

���� Finally, this bill allows
municipalities, counties, and school districts to withdraw from Title 11A of
the New Jersey Statutes, the civil service system, by referendum held after the
submission of a petition signed by the required number of qualified voters or
the adoption of an ordinance or resolution by the governing body.� If a
majority of the votes cast at the election are against rescission, no new
election may be held on the same question before the second general election or
municipal election, as appropriate, following the election at which that
rejection of rescission was voted.� A county, municipality, or school district
which rescinds the adoption of the provisions of Title 11A will not be
permitted to readopt the provisions for a period of at least 10 years from the
effective date of the rescission and will be permitted to readopt the
provisions of Title 11A only once.� A fire district within a municipality that
has rescinded Title 11A is deemed to have rescinded the title with respect to
its employees.�

���� Following the rescission of
Title 11A of the New Jersey Statutes, the county, municipality, fire district,
or school district may enter into a contract with the Civil Service Commission,
in an amount that will not exceed that permitted by law, for testing,
classification, compensation, or other technical personnel services.�

���� The New Jersey Civil Service
Commission will promulgate regulations providing for the orderly transition in
the personnel system of any county, municipality, fire district, or school
district in which the rescission has been adopted.�