SENATE, No. 59
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Senator† RAYMOND J. LESNIAK
District 20 (Union)
Senator† NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Senators Rice, Turner, Beck and Gordon
†††† Adds two public members to NJT board and provides that all NJT board members are voting members.
CURRENT VERSION OF TEXT
†††† As amended by the General Assembly on March 16, 2017.
An Act concerning the New Jersey Transit Corporation board and amending P.L.1979, c.150.
†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:
††††† 1.†† Section 4 of P.L.1979, c.150 (C.27:25-4) is amended to read as follows:
†††† 4.††† a.† There is hereby established in the Executive Branch of the State Government the New Jersey Transit Corporation, a body corporate and politic with corporate succession.† For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the corporation is hereby allocated within the Department of Transportation, but, notwithstanding [said] that allocation, the corporation shall be independent of any supervision or control by the department or by any body or officer thereof.† The corporation is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by [this act] P.L.1979, c.150 (C.27:25-1 et al.) shall be deemed and held to be an essential governmental function of the State.
†††† b.††† The corporation shall be governed by a board which shall consist of [eight] 10 members, each of whom shall be a voting member.
†††† [Seven of the members shall be voting members and] The board shall consist of: the Commissioner of Transportation and the State Treasurer, who shall be members ex officio, another member of the Executive Branch to be selected by the Governor who shall also serve ex officio, [and four] six other public members who shall be appointed by the Governor, with the advice and consent of the Senate, for four year staggered terms and until their successors are appointed and qualified, and one member who shall be appointed by the Governor upon the recommendation of the labor organization representing the plurality of the employees of the corporation.†
†††† No more than [two] three of the public members shall be members of the same political party.† At least [one] three public [member] members shall be [a] regular public transportation [rider] riders, two of whom shall be appointed upon the recommendation of the 1[Tri-State Transportation Campaign] 2[Transportation Management Association Council of New Jersey1] Tri-State Transportation Campaign2.† Of those public members recommended by the 1[Tri-State Transportation Campaign] 2[Transportation Management Association Council of New Jersey1] Tri-State Transportation Campaign2, one shall be a regular 1[New Jersey Transit] corporation1 motorbus regular route service rider and one shall be a regular 1[New Jersey Transit train] corporation rail passenger service1 or light rail 1[vehicle] service1 rider.† Each public member may be removed from office by the Governor for cause.† A vacancy in the membership of the board occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.† The first appointments shall be for one, two, three, and four years respectively, and thereafter for terms of four years as stated.† The board shall annually designate a vice [chairman] chairperson and secretary.† The secretary need not be a member.
†††† [There shall also be one non-voting member of the board, who shall not be considered in determining a quorum.† The non-voting member shall be appointed by the Governor upon the recommendation of the labor organization representing the plurality of the employees of the corporation.]† The [non-voting] labor organization representative member shall be appointed for a term of four years, provided, however, that if at any time during the term of appointment the [non-voting] labor organization representative member ceases to be affiliated with the labor organization representing the plurality of the employees of the corporation, then [such] the labor organization may, thereupon or at any time thereafter during [such] the memberís term, recommend a new member to the Governor for appointment to serve the remainder of the term.† If the local bargaining unit decertifies its existing union affiliation and certifies a new union, the union which represents the plurality of the employees may recommend a new member to the Governor for appointment to serve the remainder of the term.† The [chairman] chairperson of the board may, at the [chairman's] chairpersonís discretion, exclude [such non-voting] the labor organization representative member from attending any portion of a board meeting or any other meeting held for the purpose of discussing negotiations with labor organizations, pending litigation involving the labor organization, the investigation, evaluation, or discipline of an employee of the corporation, or matters concerning private entities engaged in the provision of motorbus regular route service, paratransit service, or motorbus charter service that would otherwise not be considered public information 2or from voting on these matters2.† The [non-voting] labor organization representative member may be removed by the Governor for cause.
†††† c.†††† Board members, other than those serving ex officio, shall serve without compensation, but members shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.
†††† d.††† The Commissioner of Transportation shall serve as [chairman] chairperson of the board.† [He] The commissioner shall chair board meetings and shall have responsibility for the scheduling and convening of all meetings of the board.† In [his] the commissionerís absence, the vice [chairman] chairperson shall chair the board meeting.† Each ex officio member of the board may designate two employees of [his] the ex officio memberís department or agency, one of whom may represent [him] the ex officio member at meetings of the board.† A designee may lawfully vote and otherwise act on behalf of the member for whom [he] the person constitutes the designee. Any [such] designation shall be in writing delivered to the board and shall continue in effect until revoked or amended by writing delivered to the board.
†††† e.†††† The powers of the corporation shall be vested in the voting members of the board thereof and [four] six 1[voting]1 members of the board shall constitute a quorum at any meeting thereof.† Actions may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of at least [four] six members.† No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
†††† f.†††† A true copy of the minutes of every meeting of the board shall be delivered forthwith, by and under the certification of the secretary thereof, to the Governor.† No action taken at [such] a meeting by the board shall have force or effect until approved by the Governor or until 10 days after [such] a copy of the minutes shall have been delivered.† If, in [said] the 10-day period, the Governor returns [such] a copy of the minutes with veto of any action taken by the board or any member thereof at [such] the meeting, [such] the action shall be null and of no effect.† The Governor may approve all or part of the action taken at [such] a meeting prior to the expiration of the [said] 10-day period.
†††† g.††† The board meetings shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
(cf: P.L.2009, c.179, s.1)
†††† 2.††† This act shall take effect immediately.