ASSEMBLY CONCURRENT RESOLUTION No. 215

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED DECEMBER 12, 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)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Watson Coleman, Senators Gordon, Greenstein and Turner

 

 

 

 

SYNOPSIS

     Invalidates or prohibits adoption of rule proposed by Civil Service Commission to establish job banding program.

 

CURRENT VERSION OF TEXT

     As introduced.

 


A Concurrent Resolution concerning legislative review of rules and regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey and invalidating or prohibiting the adoption of a rule proposed by the Civil Service Commission to establish a job banding program.

 

Whereas, 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 adopted or proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate an adopted rule or regulation or prohibit the adoption of a proposed rule or regulation if it finds that the rule or regulation is not consistent with legislative intent; and

Whereas, Upon finding that a rule or regulation, either proposed or adopted, is not consistent with legislative intent, Article V, Section IV, paragraph 6 provides that the Legislature shall transmit its findings 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, and the agency shall have 30 days from the time the concurrent resolution is transmitted to amend or withdraw the rule or regulation; and

Whereas,  If the agency does not amend or withdraw the existing or proposed rule or regulation, Article V, Section IV, paragraph 6 provides that the Legislature may invalidate or prohibit the adoption of the proposed rule or regulation, following a public hearing held by either House on the invalidation or prohibition, the placement of a transcript of the public hearing on the desks of the members of each House of the Legislature in open meeting followed by the passage of at least 20 calendar days, and a vote of a majority of the authorized membership of each House in favor of a concurrent resolution invalidating or prohibiting the adoption of the rule or regulation; and

Whereas, The Civil Service Commission proposed a new rule, N.J.A.C.4A:3-3.2A, entitled “Job Banding Program,” which was filed with the Office of Administrative Law on February 28, 2013 and published in the New Jersey Register on March 18, 2013; and

Whereas, The proposed new rule 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.  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.  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. 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 reason.  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.  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;

Whereas, Assembly Concurrent Resolution No. 199 of 2013, passed by the General Assembly on June 24, 2013 and by the Senate on June 27, 2013, set forth the finding of the Legislature that the proposed rule, filed on February 28, 2013 and published on March 18, 2013, is not consistent with the Legislature’s intent, and that concurrent resolution was filed with the Secretary of State and transmitted to the Governor and the Chair of the Civil Service Commission.  The Civil Service Commission has 30 days from the date of transmittal to amend or withdraw the proposed rule; and

Whereas, Prior to voting on a concurrent resolution to invalidate an adopted rule or regulation or prohibit the adoption of a rule or regulation, a public hearing must be held on invalidating or prohibiting the adoption of the proposed rule and the transcript of that hearing must be placed on the desk of each member of the Senate and each member of the General Assembly; now, therefore,

 

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

 

     1.    The Legislature prohibits, in whole, N.J.A.C.4A:3-3.2A, the rule proposed by the Civil Service Commission and entitled “Job Banding Program,” from being adopted and from taking effect pursuant to the power set forth in Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

     2.    If the Civil Service Commission has adopted N.J.A.C.4A:3-3.2A, the Legislature invalidates, in whole, N.J.A.C.4A:3-3.2A, the rule entitled “Job Banding Program,” pursuant to the power set forth in Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

     3.    The Secretary of the Senate or the Clerk of the General Assembly shall transmit a copy of this concurrent resolution to the Governor, the Chair of the Civil Service Commission, and the Office of Administrative Law.

 

     4.    This concurrent resolution shall take effect immediately.

 

 

STATEMENT

 

     Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, this concurrent resolution prohibits, in whole, the rule proposed by the Civil Service Commission to establish a job banding program, specifically N.J.A.C. 4A:3-3.2A filed on February 28, 2013 and published on March 18, 2013, from being adopted and taking effect.  If, at the time of passage of this concurrent resolution, the Civil Service Commission has adopted N.J.A.C.4A:3-3.2A, the Legislature invalidates, in whole, N.J.A.C.4A:3-3.2A, the rule proposed by the Civil Service Commission and entitled “Job Banding Program,” pursuant to the power set forth in Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.  Previously, the Legislature passed Assembly Concurrent Resolution No. 199 of 2013 stating the finding of the Legislature that the proposed rule is not consistent with legislative intent.