ASSEMBLY, No. 2843

STATE OF NEW JERSEY

INTRODUCED MARCH 24, 1997

By Assemblymen BUCCO, CARROLL and Augustine

An Act concerning the appointment of certain firefighters and amending P.L.1993, c.187.

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

    1. Section 2 of P.L.1993, c. 187 (C.40A:14-9.9) is amended to read as follows:

    2. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established and maintains a paid or part-paid fire department and force may appoint as a member or officer of the municipal fire department and force any person who:

    (1) was serving as an officer or member in good standing in any paid or part-paid municipal fire department and force; and

    (2) satisfactorily completed a working test period in a firefighter title in a municipality which has adopted Title 11A, Civil Service, of the New Jersey Statutes or satisfactorily completed a comparable, documented probationary period in a firefighter title in a municipality which has not adopted Title 11A, Civil Service; and

    (3) was, for reasons of economy, terminated as a firefighter within [36]60 months prior to the appointment.

    b. A municipality may employ such a person notwithstanding that:

    (1) Title 11A, Civil Service, of the New Jersey Statutes is operative in that municipality;

    (2) the municipality has available to it an eligible or regular reemployment list of persons eligible for such appointments; and

    (3) the appointed person is not on any eligible list. A municipality which has adopted Title 11A, Civil Service, may not employ such a person if a special reemployment list is in existence for the firefighter title to be filled.

    c. If a municipality determines to appoint a person pursuant to the provisions of this act, it shall give first priority in making such appointments to residents of the municipality and second priority to residents of the county not residing in the municipality.

    d. The seniority, seniority-related privileges and rank a firefighter possessed with the employer who terminated the firefighter's employment for reasons of economy shall not be transferable to a new position when the firefighter is appointed to a firefighter position pursuant to the provisions of this section.

(cf: P.L.1993, c.187, s.2)

    2. This act shall take effect immediately.

STATEMENT

    This bill would increase from 36 to 60 months the period during which laid-off firefighters would be eligible, and accorded preference, for reemployment appointments.

    Qualified firefighters who are laid-off for reasons of economy can be placed on a special statewide reemployment list that would be circulated to local governmental appointing authorities by the Department of Personnel. This priority hiring program would benefit both local governmental units seeking to employ trained and experienced firefighters and qualified officers seeking reemployment.

    One of the program's statutory qualifications is that firefighters are only eligible during the initial 36 months following the official date of their lay-off. Highly trained and qualified firefighters could be dropped from the program because they may be unable, through no fault of their own, to secure reemployment within that arbitrary 36 month period. The purpose of this bill is to assist such firefighters by extending the eligibility period to 60 months. It parallels amendments made under P.L.1996, c.13 which provided a comparable extension for certain law enforcement officers.

Authorizes hiring of certain firefighters by municipalities.