ASSEMBLY CONCURRENT RESOLUTION No. 199

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JUNE 20, 2013

 


 

Sponsored by:

Assemblywoman  LINDA STENDER

District 22 (Middlesex, Somerset and Union)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

Co-Sponsored by:

Assemblywoman Sumter, Assemblyman Singleton, Senators Gordon, Greenstein, Lesniak and Turner

 

 

 

 

SYNOPSIS

     Determines that Civil Service Commission’s proposed regulations concerning job banding are not consistent with legislative intent.

 

CURRENT VERSION OF TEXT

     As introduced.

 


A Concurrent Resolution concerning legislative review of the Civil Service Commission regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

Whereas, On March 18, 2013 the Civil Service Commission proposed a new rule, N.J.A.C.4A:3-3.2A entitled “Job Banding Program;” and

Whereas, The proposed new rule will have the effect of eliminating promotional examinations for tens of thousands of State and local government positions that are currently subject to a formal examination process; and

Whereas, The civil service examination process reduces discrimination and patronage in the selection of candidates for promotions; and

Whereas, Article VII, Sec. I, par. 2 of the New Jersey Constitution provides that appointments and promotions in the civil service of the State, and of such political subdivisions as may be provided by law, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive; except that preference in appointments by reason of active service in any branch of the military or naval forces of the United States in time of war may be provided by law; and

Whereas, Title 11A of the New Jersey Statutes, the “Civil Service Act,” provides that it is the public policy of this State to: select and advance employees on the basis of their relative knowledge, skills and abilities; ensure equal employment opportunity at all levels of public service; and protect career public employees from political coercion.  N.J.S.A.11A:1-2; and

Whereas, Pursuant to Title 11A, it is the responsibility of the Civil Service Commission to establish and maintain a classification system that establishes titles, assigns titles to appropriate positions and provides a specification for each title.  N.J.S.A.11A:3-1; and

Whereas, Pursuant to Title 11A, it is the responsibility of the Civil Service Commission to provide for the announcement and administration of examinations, which shall test fairly knowledge, skills and abilities required to satisfactorily perform the duties of any title or group of titles.  N.J.S.A.11A:4-1; and

Whereas, Pursuant to Title 11A, it is the responsibility of the Civil Service Commission to administer promotional examinations and certify the three eligibles who have received the highest ranking on a promotional list for purposes of filling vacant positions.  N.J.S.A.11A:4-8; and

Whereas, Pursuant to Title 11A, whenever a veteran ranks highest on a promotional certification, a nonveteran shall not be not be appointed unless the appointing authority shall show cause before the commission why a veteran should not receive such promotion.  N.J.S.A.11A:5-7; and

Whereas, Article V, Section IV, paragraph 6 of the New Jersey Constitution provides that upon a finding that a proposed rule or regulation is not consistent with legislative intent, the Legislature shall transmit this finding in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated or plans to promulgate, the rule or regulation; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute that the rule or regulation is intended to implement.

 

     2.    The proposed new Job Banding Rule, N.J.A.C.4A:3-3.2A, is contrary to the spirit, intent, and plain meaning of the provision in the New Jersey Constitution that requires that promotions be based on merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive.

 

     3.    The fact that the proposed new rule would eliminate competitive promotional examinations for tens of thousands of positions for which such exams have been administered for decades is compelling evidence that it is practicable to continue to determine the merit and fitness of candidates for such promotional positions by competitive examination in accordance with the New Jersey Constitution.

 

     4.    The proposed new rule is not consistent with the legislative intent that the public policy of this State is to select and advance employees on the basis of their relative knowledge, skills and abilities, ensure equal employment opportunity at all levels of public service, and protect career public employees from political coercion.

 

     5.    The proposed new rule is not consistent with the legislative intent that a competitive promotional examination process be established, maintained, and administered by the Civil Service Commission to ensure that promotions are based on merit and fitness and are not based on patronage or discriminatory reasons.


     6.    The proposed new rule is not consistent with the legislative intent that whenever a veteran ranks highest on a promotional certification, a nonveteran shall not be appointed unless the appointing authority shall show cause before the commission why a veteran should not receive such promotion.

 

     7.    The proposed new rule is not consistent with the intent of the Legislature as expressed in the language of the Civil Service Act, including the spirit, intent, or plain meaning of N.J.S.A.11A:3-1, N.J.S.A.11A:4-1, N.J.S.A.11A:4-8 or N.J.S.A.11A:5-7.

 

     8.    Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, and signed by the President of the Senate and attested by the Secretary thereof, shall be transmitted to the Governor and the Civil Service Commission.

 

     9.    The Civil Service Commission, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, shall have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations in whole or in part.

 

 

STATEMENT

 

     This concurrent resolution specifies that certain regulations proposed by the Civil Service Commission concerning a job banding program are not consistent with the legislative intent of the “Civil Service Act,” P.L.1986, c.112 (C.11A:1-1 et seq.), or the supplementary statutes thereof.