SENATE, No. 490

STATE OF NEW JERSEY

INTRODUCED JANUARY 22, 1996

By Senators LITTELL and LYNCH

An Act concerning salaries of county prosecutors and assistant prosecutors amending N.J.S.2A:158-10, P.L.1970, c.6, N.J.S.2A:158-16 and making an appropriation.

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

    1. N.J.S.2A:158-10 is amended to read as follows:

    2A:158-10. County prosecutors shall receive annual salaries to be fixed by the governing body of the county at [not less than $100,00.00] $115,000.00.

    There shall be appropriated annually to the Department of Community Affairs for payment to each county for additional salary costs resulting from the increase in the salary of county prosecutors an amount equal to the amount by which the annual salary paid to the county prosecutor under this section exceeds $100,000.00

(cf: P.L.1995, c. ,s ).

    2. Section 4 of P.L.1970, c.6 (C.2A:158-15.2) is amended to read as follows:

    4. a. Notwithstanding the provisions of N.J.S.2A:158-16 assistant prosecutors appointed prior to the effective date of P.L. ,c. (now pending before the Legislature as this bill) and required to devote their entire time to the duties of their office shall receive annual salaries, to be fixed by the board of chosen freeholders on recommendation of the county prosecutor, as follows:

   [ a.] (1) The first assistant prosecutor or the assistant prosecutor serving as the county prosecutor's principal assistant, not less than 30% nor more than 90% of the amount of the annual salary of the county prosecutor in effect on the day immediately preceding to the effective date of P.L. ,c. (now pending before the Legislature as this bill); and

   [ b.] (2) Other assistant prosecutors, not less than 30% nor more than 90% of the amount of the annual salary of the county prosecutor in effect on the day immediately preceding to the effective date of P.L. c, (now pending before the Legislature as this bill).

    The annual salary of assistant prosecutors appointed prior to the effective date of P.L. c, (now pending before the Legislature as this bill), who, pursuant to this act, devote their entire time to the duties of such office, shall be based upon the annual salary of county prosecutors required to devote their entire time to the duties of such office, whether or not the respective county prosecutor is required to devote his entire time to the duties of such office.

    b. Notwithstanding the provisions of N.J.S. 2A:158-16, a first assistant prosecutor, a county prosecutor’s principal assistant or an assistant prosecutor appointed on or after the effective date of P.L. c. (now pending before the Legislature as this bill) and required to devote their entire time to the duties of their office shall receive an annual salary, to be fixed by the board of chosen freeholders on recommendation of the county prosecutor. In addition, a first assistant prosecutor, a county prosecutor’s principal assistant or an assistant prosecutor appointed prior to the effective date of P.L. c. (now pending before the Legislature as this bill) may be granted an annual salary by the board of chosen freeholders on recommendation of the county prosecutor in excess of the maximum limits set in paragraphs (1) and (2) of subsection a. of this section.

(cf: P.L.1979, c. 355, s. 1)

    3. N.J.S. 2A:158-16 is amended to read as follows:

    2A:158-16. a. Assistant prosecutors appointed under authority of [section] N.J.S. 2A:158-15 prior to the effective date of P.L. c. (now pending before the Legislature as this bill) shall receive annual salaries, to be fixed by resolution of the board of chosen freeholders on recommendation of the county prosecutor, as follows:

   [ a. ] (1) The first assistant prosecutor or the assistant prosecutor, serving as the county prosecutor's principal assistant, not less than 60% nor more than 90% of the amount of the annual salary of the county prosecutor in effect on the day immediately preceding the effective date of P.L. c. (now pending before the Legislature as this bill) , but this provision shall not authorize a reduction in the annual salary of any first assistant prosecutor or assistant prosecutor serving as the county prosecutor's principal assistant now in office.

    [b.] (2) All other assistant prosecutors, not less than 50% nor more than 80% of the amount of the annual salary of the county prosecutor in effect on the day immediately preceding the effective date of P.L. c. (now pending before the Legislature as this bill) but this provision shall not authorize the reduction in the annual salary of any assistant prosecutor now in office.

    b. A first assistant prosecutor, a county prosecutor’s principal assistant or an assistant prosecutor appointed on or after the effective

date of P.L. , c. (now pending before the Legislature as this bill) shall receive an annual salary, to be fixed by the board of chosen freeholders on recommendation of the county prosecutor. In addition, a first assistant prosecutor, a county prosecutor’s principal assistant or an assistant prosecutor appointed prior to the effective date of P.L. c. (now pending before the Legislature as this bill) may be granted an annual salary by the board of chosen freeholders on recommendation of the county prosecutor in excess of the maximum limits set in paragraphs (1) and (2) of subsection a. of this section.

        c. In each county the salaries of the assistant prosecutors shall be paid at the same times and in the same manner as other county salaries are paid, and shall be in lieu of all fees and other compensation or allowances whatever.

    All fees allowed by law to assistant prosecutors shall be paid into the treasury of the respective counties for the use thereof.

(cf: P.L. 1961, c. 41, s. 3)

    4. (New section) There is appropriated $157,500.00 to the Department of Community Affairs to reimburse counties for additional salary costs through June 30, 1996, resulting from the increase in the salary of the county prosecutor pursuant to P.L. c. (now pending before the Legislature as this bill).

    5. This act shall take effect immediately and shall be retroactive to January 1, 1996.

STATEMENT

    This bill increases county prosecutor’s salaries by 15 percent. Currently the salary of the county prosecutor is $100,000.00. This bill would increase this salary to $115,000.00. The bill appropriates annually to the Department of Community Affairs for payment to each county for additional salary costs resulting from the increase in the salary of county prosecutors an amount equal to the amount by which the annual salary paid to the county prosecutor exceeds $100,000.00.              The bill also changes the statutes governing the salary ranges for first assistant prosecutors, county prosecutor’s principal assistants and all other assistant prosecutors. The changes clarify that the salaries of assistant prosecutors currently in office will not increase as a result of the increase in county prosecutor salaries provided by this bill (under current law, assistant prosecutor salaries are based on the salary of the county prosecutor), and the salaries of first assistant prosecutors, county prosecutor’s principal assistants and all other assistant prosecutors appointed after the day on which this bill is enacted will no longer be based on the salary of the county prosecutor, but rather will be set at an amount determined by the board of chosen freeholders, upo the recommendation of the county prosecutor.     The bill appropriates $157,500.00 to the Department of Community Affairs as a payment to each county for the increased salary of each county prosecutor.

    This bill will be retroactive to January 1, 1996.

Increases county prosecutor’s salaries; changes salary structure of assistant county prosecutors; makes an appropriation.