Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Provides certain State department heads cannot holdover in office for more than 120 days; requires Governor, upon expiration of term of county prosecutor and certain other county officials, to nominate successor within 120 days.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning holding over in office of certain officials appointed by the Governor and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The head of any principal department in the Executive Branch of State Government who is a single executive, the Commissioner of Education, and the Secretary of Agriculture, shall not hold over in office for more than 120 days after the expiration of the term of the Governor by whom he or she was appointed, but shall be eligible for reappointment to that position with the advice and consent of the Senate. The provisions of this section shall not apply to the Attorney General or the Secretary of State.
2. Upon the expiration of the term of a county prosecutor, the Governor shall nominate a successor within 120 days. A county prosecutor may be reappointed to that position with the advice and consent of the Senate.
3. Upon the expiration of the term of a county official having a term prescribed by law who is appointed by the Governor with the advice and consent of the Senate, including a county superintendent of elections, the Governor shall nominate a successor within 120 days. A county official may be reappointed to that position with the advice and consent of the Senate.
4. In the case of any official to whom this act applies who, on the effective date thereof, has served in a holdover capacity for more than 120 days, the Governor shall nominate a successor within 30 days of that effective date.
5. This act shall take effect immediately.
STATEMENT
This bill provides that the head of a principal department in the Executive Branch who is a single executive cannot holdover in office for more than 120 days after the expiration of the term of the Governor who made the appointment. Its provisions would also apply to the Commissioner of Education and the Secretary of Agriculture who function as department heads even though, by law, a board is the head of each of those departments. The bill would not apply to the Attorney General or the Secretary of State who, under the New Jersey Constitution, serve during the term of the Governor and, therefore, cannot holdover in office.
The bill also limits the holdover period for a county prosecutor by providing that upon expiration of a prosecutor’s term, the Governor shall nominate a successor within 120 days. The holdover period for a county prosecutor cannot be limited in the same manner as most department heads because the State Constitution provides that a prosecutor serves for a five-year term and until the appointment and qualification of a successor.
In addition, the bill provides that upon the expiration of the term of a county official having a term prescribed by law who is appointed by the Governor with the advice and consent of the Senate, including a county superintendent of elections, the Governor will nominate a successor within 120 days.
All of the affected officials could be reappointed to their positions with the advice and consent of the Senate.
Finally, under the bill, any official to whom the bill applies who, on the bill’s effective date, has served in a holdover capacity for more than 120 days, the Governor will nominate a successor within 30 days of the effective date.
All of the affected officials could be reappointed to their positions with the advice and consent of the Senate.