Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblyman ARTHUR BARCLAY
District 5 (Camden and Gloucester)
Assemblywoman PATRICIA EGAN JONES
District 5 (Camden and Gloucester)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator NILSA CRUZ-PEREZ
District 5 (Camden and Gloucester)
Co-Sponsored by:
Assemblymen Holley, Houghtaling, Assemblywomen Pinkin, B.DeCroce, Muoio and Senator Turner
SYNOPSIS
Requires public employers to implement certain policies for handling and responding to reports of domestic violence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning uniform domestic violence policies for public employers 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. a. As used in this section:
“Commission” means the Civil Service Commission.
"Domestic violence" means domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).
“Employee” means an employee of a public employer.
“Human resources officer” means an employee of a public employer with a human resources job title, or its equivalent, who is responsible for orienting, training, counseling, and appraising staff.
“Public employer” means the State of New Jersey and any county, municipality, school district, or other political subdivision thereof, and any agency, authority, or instrumentality of the foregoing.
b. (1) The commission shall develop a uniform domestic violence policy, which all public employers shall adopt and distribute to their employees, regardless of whether a public employer is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes. A public employer may modify the uniform domestic violence policy to suit any unique needs of the public employer; provided, however, that the public employer’s domestic violence policy shall not conflict with the provisions of paragraph (2) of this subsection. The commission shall review the uniform domestic violence policy periodically and shall require modification of the uniform domestic violence policy from time to time, as need may require.
(2) The commission shall provide that the uniform domestic violence policy, developed pursuant to this section, includes:
(a) a declaration encouraging employees who are victims of domestic violence to contact their human resources officer and seek assistance;
(b) a confidential method for employees to report domestic violence incidents to human resources officers;
(c) a confidentiality policy to which human resources officers receiving reports of domestic violence must adhere, unless a domestic violence incident poses an emergent danger to employees and the involvement of law enforcement is necessary;
(d) a listing of available State and local resources, support services, treatment options, advocacy and legal services, medical and counseling services, and law enforcement assistance services for domestic violence victims;
(e) a requirement that an employee’s records pertaining to a domestic violence incident or domestic violence counseling be kept separate from the employee’s other personnel records;
(f) an explanation of the requirements of the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et seq.); and
(g) a requirement for the public employer to develop a plan to identify, respond to, and correct employee performance issues that may be caused by a domestic violence incident.
(3) In the development of the uniform domestic violence policy, the commission shall ensure consultation with human resources officers, law enforcement personnel, prosecutors, social workers, and other persons trained in counseling, crisis intervention, or in the treatment of domestic violence victims.
c. The commission and the Division of Local Government Services in the Department of Community Affairs shall distribute the uniform domestic violence policy, and any modifications thereto, to public employers. The Director of the Division of Local Government Services shall release Local Finance Notices setting forth any changes to the uniform domestic violence policy, as changes occur.
2. This act shall take effect immediately.
STATEMENT
This bill requires the Civil Service Commission to develop a uniform domestic violence policy, which all public employers shall adopt and distribute to their employees, regardless of whether a public employer is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
Under this bill, the uniform domestic violence policy must include: (1) a declaration encouraging employees who are victims of domestic violence to contact their human resources officer and seek assistance; (2) a confidential method for employees to report domestic violence incidents to human resources officers; (3) a confidentiality policy to which human resources officers receiving reports of domestic violence must adhere, unless a domestic violence incident poses an emergent danger to employees and the involvement of law enforcement is necessary; (4) a listing of available State and local resources, support services, treatment options, advocacy and legal services, medical and counseling services, and law enforcement assistance services for domestic violence victims; (5) a requirement that an employee’s records pertaining to a domestic violence incident or domestic violence counseling be kept separate from the employee’s other personnel records; (6) an explanation of the requirements of the "New Jersey Security and Financial Empowerment Act"; and (7) a requirement for the public employer to develop a plan to identify, respond to, and correct employee performance issues that may be caused by a domestic violence incident. A public employer may modify the uniform domestic violence policy, but the modified policy may not conflict with the specific requirements set forth in this bill.
The bill requires the commission to ensure consultation about the policy with human resources officers, law enforcement personnel, prosecutors, social workers, and other persons trained in counseling, crisis intervention, or in the treatment of domestic violence victims. The bill requires the commission to review the uniform domestic policy periodically and modify the policy from time to time, as need may require.