Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Limits to six months time public officer may serve in acting capacity without nomination.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the timeframe for serving in an acting capacity without nomination in a position requiring nomination and appointment by the Governor with the advice and consent of the Senate and supplementing chapter 14 of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall serve in an acting capacity in a position in the Executive Branch of State Government or as a county prosecutor for a period of more than six full consecutive or intermittent months, when that position is required to be filled by a person nominated and appointed by the Governor with the advice and consent of the Senate pursuant to any statute or provision of the New Jersey Constitution, if the Governor has not submitted that person’s name in nomination to the Senate to serve in that position. When the name of a person serving in an acting capacity is not submitted in nomination to the Senate prior to the end of that six-month consecutive or intermittent period, the person serving in an acting capacity shall vacate that position at the end of the six months of service in that position.
b. When any person is serving in an acting capacity on the effective date of this section, P.L. , c. (C. ) (pending before the Legislature as this bill), and the Governor has not submitted that person’s name in nomination to the Senate, the Governor shall nominate that person within 30 days of that effective date, or at the next Senate session, whichever is sooner, or the person shall vacate that position.
2. This act shall take effect immediately.
STATEMENT
Under various provisions of the New Jersey Constitution and statutory law, certain positions in the Executive Branch of State Government and county prosecutors are required to be filled by nomination and appointment by the Governor with the advice and consent of the Senate. These positions include the heads of each principal department; various officers of the militia; members of boards and commissions; and county prosecutors.
This bill would limit to six full months, either consecutive or intermittent, the time a person may serve in an acting capacity, when that position is required to be filled by a person nominated and appointed by the Governor with the advice and consent of the Senate, if the Governor has not submitted that person’s name in nomination to the Senate to fill that position on a permanent basis. When the name of a person serving in an acting capacity is not submitted in nomination to the Senate prior to the end of that six month consecutive or intermittent period, the person serving in an acting capacity would terminate that service at the end of the six-months of service in that position. The bill further provides that, when any person is serving in an acting capacity on the effective date of the bill, and the Governor has not submitted that person’s name in nomination to the Senate to serve on a permanent basis, the Governor shall nominate that person within 30 days of that effective date, or at the next Senate session, whichever is sooner, or the person shall vacate that position.