ASSEMBLY, No. 367

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman HOLZAPFEL

An Act concerning certain county health departments and amending N.J.S.11A:3-5 and P.L.1975, c.329.

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

    1. N.J.S. 11A:3-5 is amended to read as follows:

    11A:3-5. Political subdivision unclassified service. The political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:

    a. Elected officials;

    b. One secretary and one confidential assistant to each mayor;

    c. Members of boards and commissions authorized by law;

    d. Heads of institutions;

    e. Physicians, surgeons and dentists;

    f. Attorneys of a county, municipality or school district operating under this title;

    g. Teaching staff, as defined in N.J.S.18A:1-1, in the public schools and county superintendents and members and business managers of boards of education;

    h. Principal executive officers;

    i. One secretary, clerk or executive director to each department, board and commission authorized by law to make the appointment;

    j. One secretary or clerk to each county constitutional officer, principal executive officer, and judge;

    k. One deputy or first assistant to a principal executive officer who is authorized by statute to act for and in place of the principal executive officer;

    l. No more than 12 county department heads and the heads of divisions within such departments; provided that the total number of unclassified positions created by the county administrative code pursuant to this subsection shall not exceed 20;

    m. One secretary or confidential assistant to each unclassified department or division head established in subsection l.;

    n. Employees of county park commissions, appointed pursuant to R.S.40:37-96 through R.S.40:37-174, in counties of the second class;

    o. Directors of free public libraries in cities of the first class having a population of more than 300,000;

    p. One secretary to the municipal council in cities of the first class having a population of less than 300,000;

    q. One secretary and one confidential aide for each member of the board of freeholders other than the director, and one secretary and two confidential aides for the freeholder director, of any county of the second class with a population of at least 470,000 which has not adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.) and one secretary or confidential aide for each member of the board of freeholders of any other county which has not adopted the provisions of the "Optional County Charter Law";

    r. In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and the executive directors of board affairs, personnel, budget, purchasing, physical facilities, data processing, financial affairs, and internal audit;

    s. The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment and the urban initiatives coordinator of a local housing authority;

    t. The sheriff's investigators of any county appointed pursuant to P.L.1987, c.113 (C.40A:9-117a);

    u. Any title as provided by statute or as the board may determine in accordance with criteria established by rule; [and]

    v. One confidential aide for each county clerk, in addition to the titles included under subsection j. of this section; and

    w. At the discretion of the county board of health in a county of the fifth class having a population of between 340,000 and 500,000 according to the latest federal decennial census, the director of personnel and up to two confidential assistants employed by the board.

(cf: P.L.1991, c.494, s.1)

    2. Section 14 of P.L.1975, c.329 (C.26:3A2-14) is amended to read as follows:

    14. Every local health agency shall be administered by a full-time health officer. The health officer and other personnel employed by a municipality, groups of municipalities or county which shall have adopted, or which shall hereafter adopt, the provisions of the "Civil Service Act," P.L.1986, c.112 (N.J.S.11A:1-1 et seq.), shall be appointed in accordance with the provisions of that act, except that the director of personnel and up to two confidential assistants employed by a county board of health in a county of the fifth class having a population of between 340,000 and 500,000 according to the latest federal decennial census may, at the discretion of the board, be in the political subdivision unclassified service. The health officer shall not be prohibited from simultaneously performing other functions or holding other titles within that governmental unit.

(cf: P.L.1993, c.64, s.2)

    3. This act shall take effect immediately.

STATEMENT

    This bill provides that the director of personnel and up to two confidential assistants employed by a county board of health in a county of the fifth class having a population of between 340,000 and 500,000 according to the latest federal decennial census (currently only Ocean County) may be in the political subdivision unclassified service.

Provides that certain county board of health employees may be in the political subdivision unclassified service.