SENATE, No. 229

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator SACCO

An Act concerning certain eligibles on Civil Service lists and amending N.J.S.11A:4-11.

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

    1. N.J.S.11A:4-11 is amended to read as follows:

    11A:4-11. Removal on criminal record. Upon the request of an appointing authority, the commissioner may remove an eligible with a criminal record from a list when the criminal record includes a conviction for a crime which adversely relates to the employment sought. The following factors may be considered in such determination:

    a. Nature and seriousness of the crime;

    b. Circumstances under which the crime occurred;

    c. Date of the crime and age of the eligible when the crime was committed;

    d. Whether the crime was an isolated event; and

    e. Evidence of rehabilitation.

    The presentation to an appointing authority of a pardon or expungement shall prohibit an appointing authority from rejecting an eligible based on such criminal conviction, except for law enforcement, fire fighter or correction officer and other titles as determined by the commissioner.

    Upon the written request of an appointing authority, the commissioner shall remove an eligible with a criminal record from a list if the criminal record includes a conviction for a crime involving fraud, dishonesty or deception.

(cf: N.J.S.11A:4-11)

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that whenever an appointing authority determines that an eligible from a Civil Service employment list has a criminal record that includes a conviction for a crime involving fraud, dishonesty or deception, it may make a written request to the Commissioner of Personnel to remove the eligible's name from the employment list. Upon the receipt of such written request the commissioner would be required to remove the eligble's name from the employment list. It is the intent of the sponsor that the entity having the responsibility for employing an individual should be empowered with adequate discretion to determine whether an individual who has committed a crime that demonstrates the traits of dishonesty and moral turpitude merits employment in government work.

Provides discretion in hiring of certain eligibles on Civil Service lists.