S752

An Act permitting municipalities, counties, school districts, and political subdivisions to rescind the adoption of Title 11A, Civil Service, and supplementing Title 11A of the New Jersey Statutes.

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

1. a. The governing body of a municipality, county, school district, or political subdivision of the State operating under the provisions of Title 11A, Civil Service, of the New Jersey Statutes may, by ordinance, resolution, or referendum, as appropriate, rescind the adoption of Title 11A, Civil Service, of the New Jersey Statutes.

b. If the governing body of a municipality, county, school district, or political subdivision of the State rescinds the adoption of Title 11A, Civil Service, of the New Jersey Statutes by ordinance, resolution, or referendum, the ordinance, resolution, or referendum shall be certified by the clerk or appropriate officer of the municipality, county, school district, or political subdivision of the State to the Secretary of State and the New Jersey Civil Service Commission. The rescission shall take effect six months following final adoption of the ordinance, resolution, or referendum. If a governing body rejects an ordinance, resolution, or referendum to rescind the adoption of Title 11A, Civil Service, of the New Jersey Statutes, a new vote by the governing body on an ordinance, resolution, or referendum to rescind shall not be held for a period of at least five years following the rejection of rescission.

c. A municipality, county, school district, or political subdivision of the State which rescinds the adoption of the provisions of Title 11A, Civil Service, of the New Jersey Statutes shall not readopt the provisions of that title for a period of at least five years from the effective date of the rescission. Readoption of the provisions of Title 11A, Civil Service, of the New Jersey Statutes may be exercised only once. A readoption of the provisions of Title 11A, Civil Service, of the New Jersey Statutes pursuant to this section shall be conducted in the same manner provided for the adoption thereof contained in N.J.S.11A:9-1 et seq.

d. Employees of a municipality, county, school district, or political subdivision of the State operating under the provisions of Title 11A, Civil Service, of the New Jersey Statutes prior to the date the municipality, county, school district, or political subdivision of the State rescinds the adoption of Title 11A, Civil Service, of the New Jersey Statutes, shall continue to be eligible for the same tenure, benefits, and any other employment conditions and protections under the Civil Service after the adoption is rescinded. Employees of a municipality, county, school district, or political subdivision of the State hired on or after the date the municipality, county, school district, or political subdivision of the State rescinds the adoption of Title 11A, Civil Service, of the New Jersey Statutes, shall not be eligible for the Civil Service.

e. The commission shall promulgate regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this section.

2. This act shall take effect immediately.

STATEMENT

This bill permits the governing body of a municipality, county, school district, or political subdivision of the State that operates under the provisions of Title 11A, Civil Service, of the New Jersey Statutes to rescind the adoption of Title 11A, Civil Service, by ordinance, resolution, or referendum, as appropriate.

If the governing body of a municipality, county, school district, or political subdivision of the State rescinds the adoption of Title 11A, Civil Service, by ordinance, resolution, or referendum, the rescission will take effect six months following the passage of the ordinance, resolution, or referendum.

If a governing body rejects an ordinance, resolution, or referendum to rescind the adoption of Title 11A, Civil Service, a new vote by the governing body on an ordinance, resolution, or referendum to rescind will not be held for a period of at least five years following the rejection of rescission.

A municipality, county, school district, or political subdivision of the State which rescinds the adoption of the provisions of Title 11A, Civil Service, cannot readopt the provisions of that title for a period of at least five years from the effective date of the rescission and will be permitted to readopt the provisions of Title 11A, Civil Service, only once.

Employees of a municipality, county, school district, or political subdivision of the State eligible for the Civil Service prior to the adoption of Title 11A, Civil Service, of the New Jersey Statutes being rescinded, will continue to be eligible for the same tenure, benefits, and any other employment conditions and protections under the Civil Service after the adoption is rescinded. Employees of a municipality, county, school district, or political subdivision of the State hired on or after the date the adoption of Title 11A, Civil Service, of the New Jersey Statutes is rescinded, will not be eligible for the Civil Service.