S2067

An Act concerning the transfer of certain functions from the Department of the Treasury to the Civil Service Commission and amending various parts of the statutory law.

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

1. N.J.S.11A:2-2 is amended to read as follows:

11A:2-2. Implementation. The [Department of the Treasury and the] Civil Service Commission[, as appropriate,] shall implement and enforce this title.

(cf: P.L.2008, c.29, s.2)

2. N.J.S.11A:6-25 is amended to read as follows:

11A:6-25. State training programs. The [State Treasurer] chairperson of the commission may establish and shall review and approve training and education programs for State employees in the career, senior executive and unclassified services and shall supervise a State training center with appropriate courses and fee schedules. Particular training may be required by the [State Treasurer] chairperson for certain employees, for which an assessment to State departments may be imposed.

(cf: P.L.2008, c.29, s.57)

3. Section 117 of P.L.2008, c.29 (C.11A:6-25.1) is amended to read as follows:

117. The [State Treasurer] chairperson of the commission shall develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives; may establish an internship program; and assist the Governor in general work force planning, personnel matters and labor relations.

(cf: P.L.2008, c.29, s.117)

4. N.J.S.11A:6-26 is amended to read as follows:

11A:6-26. Employee career development. The [State Treasurer] chairperson of the commission shall develop and stimulate employee career development and improve management and efficiency in State government through programs, for which an assessment to State departments may be imposed, that include but are not limited to:

a. Career mobility and transferability;

b. Employee advisory services for counseling and rehabilitation; and

c. [Retirement planning; and

d.] Interchange and internship programs.

(cf: P.L.2008, c.29, s.58)

5. N.J.S.11A:7-2 is amended to read as follows:

11A:7-2. [Division] Office of Equal Employment Opportunity and Affirmative Action. [A Division] An Office of Equal Employment Opportunity and Affirmative Action is established in the [Department of the Treasury] Civil Service Commission. The [division] office shall have all of the powers and shall exercise all of the functions and duties set forth in this chapter, subject to the supervision and control of the [State Treasurer] chairperson of the commission.

(cf: P.L.2008, c.29, s.63)

6. N.J.S.11A:7-3 is amended to read as follows:

11A:7-3. Equal employment opportunity and affirmative action program. The [division] office shall develop, implement and administer an equal employment opportunity and affirmative action program for all State agencies. The program shall consider the particular personnel requirements that are reasonably related to job performance of each State agency. The director of the [division] office shall ensure that the affirmative action and equal employment goals of each State agency for minorities, women and handicapped persons shall be reasonably related to their population in the relevant surrounding labor market areas. The director, in accordance with applicable federal and State guidelines, shall:

a. Ensure each State agency's compliance with all laws and rules relating to equal employment opportunity and seek correction of discriminatory practices, policies and procedures;

b. Recommend appropriate sanctions for noncompliance to the [State Treasurer] chairperson of the commission who, with the concurrence of the Governor, is authorized to implement sanctions;

c. Review State personnel practices, policies and procedures, inclusive of recruitment, selection, and promotion, in order to identify and eliminate artificial barriers to equal employment opportunity;

d. Act as liaison with federal, State, and local enforcement agencies;

e. Recommend appropriate legislation to the [State Treasurer] chairperson of the commission and perform other actions deemed necessary by the [State Treasurer] chairperson to implement this chapter; and

f. Provide, under rules adopted by the [Department of the Treasury] Civil Service Commission, for review of equal employment complaints.

(cf: P.L.2008, c.29, s.64)

7. N.J.S.11A:7-4 is amended to read as follows:

11A:7-4. Agency goals. The [department] Civil Service Commission shall establish reasonable equal employment and affirmative action goals for State agencies in the form of regulations.

(cf: N.J.S.11A:7-4)

8. N.J.S.11A:7-5 is amended to read as follows:

11A:7-5. [Department] Commission responsibilities. The [department] Civil Service Commission, through the [Division] Office of Equal Employment Opportunity and Affirmative Action, shall:

a. Ensure that the pool of applicants for all vacant positions in State agencies includes minorities, women and handicapped persons so that affirmative action goals are attainable through agency selection decisions;

b. Undertake a comprehensive review of its rules, regulations and testing procedures in order to amend or eliminate those which serve to discriminate against minorities, women and handicapped persons;

c. Ensure that selection devices do not discriminate against minorities, women and handicapped persons;

d. Analyze job specifications to isolate and eliminate prerequisites that are artificial barriers to employment;

e. Review all discrimination complaints under Title VII of the Civil Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s. 2000e et seq.), evaluate trends, and recommend appropriate policy changes; and

f. Receive, analyze and transmit to the Governor, at least semi-annually, progress reports on affirmative action in all State agencies.

(cf: P.L.11A:7-5)

9. N.J.S.11A:7-6 is amended to red as follows:

11A:7-6. Agency affirmative action officer. The head of each State agency shall appoint at least one person with the responsibility for equal employment opportunity as the affirmative action officer. Unless otherwise permitted by the director with the approval of the [State Treasurer] chairperson of the commission, such person shall serve on a full-time basis and shall be responsible to the [Division] Office of Equal Employment Opportunity and Affirmative Action.

(cf: P.L.2008, c.29, s.65)

10. N.J.S.11A:7-9 is amended to read as follows:

11A:7-9. Agency failure to achieve affirmative action goals; penalties. If there is a failure by a State agency to achieve its affirmative action goals or to demonstrate good faith efforts, appropriate sanctions and penalties may be imposed by the [department] commission in accordance with federal and State regulations, subject to the concurrence of the Governor and the [State Treasurer] chairperson of the commission. These sanctions may include, but are not limited to, placing a moratorium on departmental personnel actions in the career, senior executive and unclassified services, and such other sanctions as may be allowed by law.

(cf: P.L.2008, c.29, s.66)

11. N.J.S.11A:7-11 is amended to read as follows:

11A:7-11. Equal Employment Opportunity Advisory Commission; creation. There is established in the [Department of the Treasury] Civil Service Commission an Equal Employment Opportunity Advisory Commission, which shall advise the [Division] Office of Equal Employment Opportunity and Affirmative Action and recommend improvements in the State's affirmative action efforts.

(cf: P.L.2008, c.29, s.67)

12. N.J.S.11A:7-12 is amended to read as follows:

11A:7-12. Equal Employment Opportunity Advisory Commission; membership; term; vacancy; meetings; executive secretary. The Equal Employment Opportunity Advisory Commission shall consist of 11 members appointed by the Governor, at least six of whom shall be minorities, women and handicapped persons. Consideration shall be given to appropriate representation of each group. The remaining members of the commission may be comprised of State agency heads or their designated representatives. All members of the commission shall be residents of the State. Members shall be appointed for staggered terms of four years but members appointed under section 10 of P.L. 1981, c. 124 (C. 11:2D-10) shall continue on the commission for the duration of their respective terms. Each member shall hold office for the term of the appointment and until a successor is appointed. Members may not serve more than two consecutive terms. A vacancy in the membership of the commission shall be filled by appointment by the Governor for the remainder of the term. The commission shall meet at least quarterly to review implementation of this chapter. The Director of the [Division] Office of Equal Employment Opportunity and Affirmative Action shall serve as executive secretary.

(cf: N.J.S.11A:7-12)

13. N.J.S.11A:11-2 is amended to read as follows:

11A:11-2. a. The Department of Personnel is abolished as a principal department in the Executive Branch of State government. The offices and terms of the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and the directors of the various divisions and offices of the Department of Personnel are terminated, except as otherwise provided by P.L.2008, c.29.

b. The functions, powers, and duties of the Department of Personnel, the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and directors of the various divisions and offices of the Department of Personnel are continued and transferred as provided by P.L.2008, c.29 and P.L. , c. (pending before the Legislature as this bill). [The State Treasurer may allocate the functions, powers, and duties transferred to the Department of the Treasury or the State Treasurer by P.L.2008, c.29 among such divisions or subdivisions in the Department of the Treasury as the State Treasurer deems appropriate or as the State Treasurer may establish.]

c. (1) The Division of Equal Employment Opportunity and Affirmative Action as constituted in the Department of Personnel, with its functions, powers, and duties, and those of the Commissioner of Personnel and the Merit System Board with regard to that division, is continued and transferred to the Department of the Treasury, except with regard to the power to adjudicate complaints of violations of the State policy against discrimination which power shall remain with the Civil Service Commission. [The functions, powers, and duties of the Division of Equal Employment Opportunity and Affirmative Action shall be allocated within the department as the State Treasurer shall determine.] On the effective date of P.L. , c. (pending before the Legislature as this bill), the Division of Equal Employment Opportunity and Affirmative Action as constituted in the Department of the Treasury, with its functions, powers, and duties, and those of the State Treasurer with regard to that division, are continued and transferred to the Civil Service Commission and renamed the Office of Equal Employment Opportunity and Affirmative Action.

The Equal Employment Opportunity Advisory Commission as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine. On the effective date of P.L. , c. (pending before the Legislature as this bill), the Equal Employment Opportunity Advisory Commission as constituted in the Department of the Treasury is continued and transferred to the Civil Service Commission. The members of the Equal Employment Opportunity Advisory Commission, serving on the effective date of P.L.2008, c.29 or on the effective date of P.L. , c. (pending before the Legislature as this bill), shall continue as members of the commission for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.

(2) The planning and research unit and function as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine. On the effective date of P.L. , c. (pending before the Legislature as this bill), the planning and research unit and function as constituted in the Department of the Treasury is continued and transferred to the Civil Service Commission.

d. The Working Well NJ State employee wellness program as constituted in the Department of Personnel is continued and transferred to the Department of Health and Senior Services to be allocated within that department as the commissioner shall determine.

e. The toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline as constituted in the Department of Personnel is continued and transferred to the Department of Health and Senior Services, pursuant to sections 115 to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2), to be allocated within that department as the commissioner shall determine.

f. The New Jersey Employee Awards Committee as constituted in the Department of Personnel is continued and transferred to the Civil Service Commission. The members of the New Jersey Employee Awards Committee shall continue as members of the committee for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.

g. The commission shall develop a plan for the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and for transfer to the commission of such employees, positions, funding, facilities, equipment, powers, and duties from throughout the executive branch of State government as necessary and appropriate to effectuate such consolidation and coordination.

h. The commission shall submit the plan prepared pursuant to subsection g. of this section to the Governor for review and approval. With the approval of the Governor and in accordance with regulations adopted by the commission, the commission, pursuant to the approved plan, shall direct the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation and workforce planning, in the executive branch of State government and transfer to the commission such employees, positions, funding, facilities, equipment, powers, duties and functions from throughout the executive branch of State government to effectuate such consolidation and coordination. The commission shall organize these functions in such units as the commission determines are necessary for the efficient operation of the commission and in such a manner as will provide the appointing authorities and all State employees with proper support in personnel matters. The consolidation shall not apply to those functions which the commission has determined are unique to each department or agency in its capacity as an appointing authority.

i. Each department, office, division, bureau or agency in the executive branch of State government shall cooperate with the commission and make available to the commission such information, personnel and assistance necessary to effectuate the purposes of P.L.2008, c.29.

j. This section shall not be construed to permit or require negotiations pursuant to the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), of any rule or regulation promulgated by the [State Treasurer or] Civil Service Commission pursuant to this section or any other section of this title.

(cf: P.L.2008, c.29, s.78)

14. N.J.S.11A:11-3 is amended to read as follows:

11A:11-3. Names. Any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, appropriation or otherwise which refers to the Department of Personnel, Commissioner of Personnel, Department of the Treasury, State Treasurer, or Merit System Board shall mean the [Department of the Treasury, State Treasurer,] Civil Service Commission[,] or Department of Health and Senior Services, as provided by P.L.2008, c.29 and to effectuate the transfers made by P.L. , c. (pending before the Legislature as this bill).

Any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, appropriation or otherwise which refers to the Division of Equal Employment Opportunity and Affirmative Action shall mean the Office of Equal Employment Opportunity and Affirmative Action, as provided by P.L. , c. (pending before the Legislature as this bill).

(cf: P.L.2008, c.29, s.79)

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

11A:11-4. Rules. All rules of the Merit System Board or the Department of Personnel in effect on the effective date of P.L.2008, c.29 shall remain in effect except as changed or modified by this title or action of the Civil Service Commission, State Treasurer, Commissioner of Health and Senior Services, or other authority, as appropriate.

The rules of the Department of the Treasury in effect on the effective date of P.L. , c. (pending before the Legislature as this bill) with regard to matters in this Title shall remain in effect except as changed or modified by this title or action of the Civil Service Commission.

(cf: P.L.2008, c.29, s.80)

16. N.J.S.11A:11-5 is amended to read as follows:

11A:11-5. Pending actions. Any action pending on the effective date of P.L.2008, c.29 or of P.L. , c. (pending before the Legislature as this bill) shall continue under the prior law and rule.

(cf: P.L.2008, c.29, s.81)

17. N.J.S.11A:11-6 is amended to read as follows:

11A:11-6. Transfer. The transfers directed by P.L.2008, c.29 and by P.L. , c. (pending before the Legislature as this bill), except as otherwise provided, shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

(cf: P.L.2008, c.29, s.82)

18. N.J.S.11A:12-1 is amended to read as follows:

11A:12-1. Inconsistent laws. Any law or statute which is inconsistent with any of the provisions of this title, as amended by P.L.2008, c.29 and by P.L. , c. (pending before the Legislature as this bill) are to the extent of the inconsistency hereby superseded, except that the title is not to be construed either to expand or to diminish collective negotiation rights existing under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

(cf: P.L2008, c.29, s.83)

19. Section 9 of P.L.1989, c.293 (C.34:15C-6) is amended to read as follows:

9. The commission shall:

a. Issue the New Jersey Unified Workforce Investment Plan pursuant to the provisions of the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 10 of P.L.1989, c.293 (C.34:15C-7);

b. Establish performance standards for workforce investment programs pursuant to the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 11 of P.L.1989, c.293 (C.34:15C-8);

c. Act to ensure the full participation of Workforce Investment Boards in the planning and supervision of local workforce investment systems. The commission shall be responsible to oversee and develop appropriate standards to ensure Workforce Investment Board compliance with State and federal law, the State plan, and other relevant requirements regarding membership, staffing, meetings, and functions;

d. Foster and coordinate initiatives of the Department of Education and Commission on Higher Education to enhance the contributions of public schools and institutions of higher education to the implementation of the State workforce investment policy;

e. Examine federal and State laws and regulations to assess whether those laws and regulations present barriers to achieving any of the goals of this act. The commission shall, from time to time as it deems appropriate, issue to the Governor and the Legislature reports on its findings, including recommendations for changes in State or federal laws or regulations concerning workforce investment programs or services, including, when appropriate, recommendations to merge other State advisory structures and functions into the commission;

f. Perform the duties assigned to a State Workforce Investment Board pursuant to subsection (d) of section 111 of the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2821);

g. Have the authority to enter into agreements with the head of each State department or commission which administers or funds education, employment or training programs, including, but not limited to, the Departments of Labor and Workforce Development, Community Affairs, Education, and Human Services and the Commission on Higher Education, the New Jersey Economic Development Authority, and the Juvenile Justice Commission, which agreements are for the purpose of assigning planning, policy guidance and oversight functions to each Workforce Investment Board with respect to any workforce investment program funded or administered by the State department or commission within the Workforce Investment Board's respective labor market area or local area, as the case may be; and

h. Establish guidelines to be used by the Workforce Investment Boards in performing the planning, policy guidance, and oversight functions assigned to the boards under any agreement reached by the commission with a department or commission pursuant to subsection g. of this section. The commission shall approve all local Workforce Investment Board plans that meet the criteria established by the commission for the establishment of One-Stop systems. The Department of Labor and Workforce Development shall approve the operational portion of the plans for programs administered by the department.

The commission shall have access to all files and records of other State agencies and may require any officer or employee therein to provide such information as it may deem necessary in the performance of its functions.

Nothing in P.L.2005, c.354 (C.34:15C-7.1 et al.) shall be construed as affecting the authority of the [State Treasurer] Chairperson of the Civil Service Commission to review and approve training programs for State employees pursuant to N.J.S.11A:6-25.

(cf: P.L. 2008, c.29, s.91)

20. Section 118 of P.L.2008, c.29 is amended to read as follows:

118. a. There is established a Civil Service Reform Task Force within the [Department of the Treasury] Civil Service Commission. The task force shall be comprised of the following members: the Chair of the Civil Service Commission, or his designee, who shall serve ex officio; the State Treasurer, or his designee, who shall serve ex officio; and seven public members to be appointed by the Governor.

The majority of the public members shall, to the extent practicable, have expertise in civil service or public sector personnel management matters.

Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.

The task force shall organize as soon as may be practicable, but no later than the 30th day after the appointment of its members, and shall select a chairperson from among the public members. The chairperson shall appoint a secretary who need not be a member of the task force. The public members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

The [Department of the Treasury] Civil Service Commission shall provide such staff and resources as the task force requires to carry out its duties.

The task force is entitled to the assistance and services of the employees of any State department, board, bureau, commission or agency as it may require and as may be available to it for its purposes, and to incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purpose.

The task force may meet and hold hearings at such places as it shall designate.

b. The task force shall study and evaluate the current civil service system and develop recommendations with regard to its reform.

c. The task force shall report to the Governor, the Civil Service Commission, and the Legislature on its findings and recommendations within 12 months following its organizational meeting. The task force shall expire 30 days after the submission of its report.

(cf: P.L.2008, c.29,s.118)

21. This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter, with implementation to be completed not later than 12 months following enactment.

STATEMENT

This bill reverses the transfers made to the Department of the Treasury in 2008 when the Department of Personnel was abolished and the Civil Service Commission created.

This bill transfers from the Department of the Treasury to the Civil Service Commission the functions, duties, and powers for:

reviewing and approving training and education programs for State employees;

supervising a State training center;

developing programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives;

establishing an internship program;

assisting the Governor in general work force planning, personnel matters and labor relations; and

developing employee career development and improving management and efficiency in State government.

The bill transfers, from the Department of Treasury to the Civil Service Commission, the Division of Equal Employment Opportunity and Affirmative Action, the Equal Employment Opportunity Advisory Commission, and the planning and research unit. The Division of Equal Employment Opportunity and Affirmative Action is renamed the Office of Equal Employment Opportunity and Affirmative Action.

The bill also transfers the temporary Civil Service Reform Task Force from the Department of the Treasury to the Civil Service Commission. The task force, which was to have submitted a final report within 12 months after the date of its organizational meeting, was created in 2008 to study and evaluate the current civil service system and develop recommendations with regard to its reform.

Transfers various personnel management functions from Department of Treasury to Civil Service Commission; transfers Division of Equal Employment Opportunity and Affirmative Action from Department of Treasury to Civil Service Commission.