A5263

An Act requiring certain fire departments to establish minority recruitment and selection programs, establishing a task force, and supplementing Title 52 of the Revised Statutes.

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

1. For the purposes of this act:

"Fire department" means a paid or part-paid department or force established pursuant to section 1 of P.L.1971, c.197 (C.40A:14-7).

2. a. Each fire department in this State shall establish a minority recruitment and selection program in accordance with guidelines established by the Commissioner of Community Affairs pursuant to subsection a. of section 4 of P.L. c.(C. )(pending before the Legislature as this bill). The purpose of the program is to remedy past discrimination by building fire departments that reflect the diversity of the population in the community a department is charged with protecting. In implementing the program, the fire department shall make a good faith effort to meet specific goals for recruiting and hiring minorities and females within established time frames. The program shall include methods of evaluating whether these goals have been met and provide for additional contingent measures to be taken if the program fails to meet its specific goals.

b. The minority recruitment and selection program established pursuant to subsection a. of this section shall be posted on the official Internet website of each fire department.

c. The county fire marshal or, if no marshal has been appointed, the State Fire Marshall of the Division of Fire Safety, shall monitor the results of the minority recruitment and selection programs established by fire departments within the jurisdiction of the fire marshal as required in subsection a. of this section. The county fire marshal or State Fire Marshall, as appropriate, shall annually report this information to the Commissioner of Community Affairs.

3. a. Each fire department in this State shall annually report to the county fire marshal with jurisdiction over the agency or the State Fire Marshall, as appropriate, a report containing:

(1) the age, gender, race, and ethnicity of the firefighters currently appointed to the fire department;

(2) the age, gender, race, and ethnicity of applicants for a fire fighter position in the preceding calendar year;

(3) the age, gender, race, and ethnicity of applicants appointed to the fire department in the preceding calendar year;

(4) the reasons for denying applicants an appointment to the fire department; and

(5) the age, gender, race, and ethnicity of each firefighter promoted within the agency in the preceding calendar year, including the position to which the firefighter was promoted.

b. Each fire department shall publish in the department's annual report the information required by subsection a. of this section.

4. a. The commissioner shall develop for dissemination to fire departments and county fire marshals throughout this State guidelines for the establishment of a minority recruitment and selection program by fire departments in this State, pursuant to section 2 of P.L. , c. (C. )(pending before the Legislature as this bill).

b. The commissioner shall collect, gather, assemble, and collate the information required in section 3 of P.L. , c. (C. )(pending before the Legislature as this bill) into an annual report to be issued to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the President of the Senate and the Speaker of the General Assembly.

c. The commissioner shall post on the official Internet web site of the Department of Community Affairs each annual report required by subsection c. of this section.

5. a. There is established a task force, to be known as the “Police and Fire Task Force of Equal Opportunity.” The task force shall make programmatic recommendations to the Attorney General and Commissioner of Community Affairs in furtherance of the goal of these forces and departments being comprised of law enforcement officers and firefighters who reflect the diversity of the population in the community the department is charged with protecting.

b. The task force shall be comprised of nine members as follows:

(1) three members of the executive branch, one of whom shall be a representative of the Office of Diversity and Inclusion, to be appointed by the Governor, one of whom shall be the Superintendent of the State Police, ex officio, or a designee, and one of whom shall be the Director of the Division of Fire Safety, ex officio, or a designee;

(2) two public members to be appointed by the President of the Senate, one of whom shall be a member of the New Jersey State Association of Chiefs of Police or the New Jersey State Policeman’s Benevolent Association, and one of whom shall be a member of the New Jersey State Firemen’s Association, the New Jersey State Fire Chiefs Association, or a county fire marshal;

(3) two public members to be appointed by the Speaker of the General Assembly, one of whom shall be a member of the New Jersey State Association of Chiefs of Police or the New Jersey State Policemen’s Benevolent Association, and one of whom shall be a member of the New Jersey State Firemen’s Association, the New Jersey State Fire Chiefs Association, or a county fire marshal; and

(4) two public members who shall be licensed social workers with expertise in public welfare, and experience working with first responders, appointed by the Governor.

c. Each appointment shall be made within 30 days of the effective date of P.L. , c. (pending before the Legislature as this bill). Vacancies in the membership shall be filled in the same manner as the original appointments. The members of the task force shall serve without compensation but may be reimbursed, within the limits of funds made available to the task force, for necessary travel expenses incurred in the performance of their duties. The Department of Community Affairs shall provide staff support to the task force.

d. The task force shall organize as soon as is practicable upon the appointment of a majority of its members and shall select a chairperson from among the appointees of the Governor and a vice chairperson from among the appointees of the Legislature.

e. The task force shall meet within 60 days of the effective date of P.L. , c. (pending before the Legislature as this bill) and shall meet thereafter at the call of its chair. In furtherance of its evaluation, the task force may hold public meetings or hearings within the State on matters related to the provisions of this act, and call to its assistance and avail itself of the services of the Public Employment Relations Commission, the Office of Diversity and Inclusion and the employees of any State, county, or municipal department, board, task force, or agency which the task force determines possesses relevant data, analytical and professional expertise, or other resources which may assist the task force in discharging its duties under this act. Each department, board, commission, or agency of this State is hereby directed, to the extent not inconsistent with law, to cooperate fully with the task force and to furnish such information and assistance as is necessary to accomplish the purposes of this act.

f. The recommendations of the task force shall be based on an assessment of the data collected and reports issued pursuant to section 4 of P.L. , c. (pending before the Legislature as this bill), the data collected and reports issued pursuant to section 3 of P.L.2020, c.107 (C.52:17B-4.11), and any information or assistance acquired pursuant to subsection e. of this section.

g. The task force shall annually report its findings, along with any recommendations it may have to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) to the Legislature. The task force’s final report shall be submitted no later than 36 months following the date of the task force’s initial meeting and shall include recommendations. The task force shall expire upon submission of the task force’s final report.

6. This act shall take effect on the first day of the sixth month next following enactment, except that the Commissioner of Community Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires each fire department to establish a minority recruitment and selection program in accordance with guidelines issued by the Commissioner of Community Affairs. The purpose of these programs is to ensure that fire departments in this State reflect the diversity of the population in the community the department protects.

The bill establishes annual reporting requirements concerning the overall diversity of the fire departments throughout the State inclusive of age, gender, and ethnicity for current employees, applicants, and for those denied appointment. The report is to include reasons for the denial of an appointment. The county fire marshals are responsible for monitoring the results of the recruitment and selection programs established by fire departments in their jurisdictions and reporting to the commissioner. The State Fire Marshall is to provide monitoring in those counties where there is no fire marshal.

The Commissioner of Community Affairs is required to collect and assemble the reports from the county fire marshals into an annual report to the Governor and the Legislature. The information from the annual report will also be made public on the Internet website of the Department of Community Affairs.

Finally, this bill establishes a three-year “Police and Fire Task Force of Equal Opportunity.” The task force will evaluate the progress of the Department of Community Affairs under this bill, and the Department of Law and Public Safety pursuant to P.L.2020, c.107. The task force will make specific recommendations to increase recruitment and retention of law enforcement officers and firefighters to reflect the communities their agencies serve.