A4560

An Act concerning the position of library director in the unclassified civil service and amending N.J.S.11A:3-5.

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

1. N.J.S.11A:3-5 is amended to read as follows:

11A:3-5. Political subdivision unclassified service. The political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:

a. Elected officials;

b. One secretary and one confidential assistant to each mayor;

c. Members of boards and commissions authorized by law;

d. Heads of institutions;

e. Physicians, surgeons and dentists;

f. Attorneys of a county, municipality or school district operating under this title;

g. Teaching staff, as defined in N.J.S.18A:1-1, in the public schools and county superintendents and members and business managers of boards of education;

h. Principal executive officers;

i. One secretary, clerk or executive director to each department, board and commission authorized by law to make the appointment;

j. One secretary or clerk to each county constitutional officer, principal executive officer, and judge;

k. One deputy or first assistant to a principal executive officer who is authorized by statute to act for and in place of the principal executive officer;

l. No more than 12 county department heads and the heads of divisions within such departments; provided that the total number of unclassified positions created by the county administrative code pursuant to this subsection shall not exceed 20;

m. One secretary or confidential assistant to each unclassified department or division head established in subsection l.;

n. Employees of county park commissions, appointed pursuant to R.S.40:37-96 through R.S.40:37-174, in counties of the second class;

o. Directors of free public libraries in cities of the first class having a population of more than [300,000] 270,000 according to the 2010 federal decennial census;

p. One secretary to the municipal council in cities of the first class having a population of less than 300,000;

q. One secretary and one confidential aide for each member of the board of freeholders other than the director, and one secretary and two confidential aides for the freeholder director, of any county of the second class with a population of at least 470,000 which has not adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.) and one secretary or confidential aide for each member of the board of freeholders of any other county which has not adopted the provisions of the "Optional County Charter Law";

r. In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and the executive directors of board affairs, personnel, budget, purchasing, physical facilities, data processing, financial affairs, and internal audit;

s. The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment and the urban initiatives coordinator of a local housing authority;

t. The sheriff's investigators of any county appointed pursuant to section 2 of P.L.1987, c.113 (C.40A:9-117a);

u. Any title as provided by statute or as the Civil Service Commission may determine in accordance with criteria established by rule;

v. One confidential aide for each county clerk, in addition to the titles included under subsection j. of this section; and

w. Two deputy municipal clerks in cities of the first class having a population of not less than 240,000 persons or more than 250,000 persons according to the 2000 federal decennial census.

(cf: P.L.2008, c.29, s.24)

2. This act shall take effect immediately.

STATEMENT

A provision of the civil service law, N.J.S.A.11A:3-5, allows a city of the first class with a population of more than 300,000 to have a director of its free public libraries who is in the unclassified service of the civil service. Under the 1980 census, this provision applied to Newark, which then had a population of 329,248. Under the 1990, 2000, and 2010 censuses, however, this provision does not apply to any municipality. In 1990, Newark’s population was 275,221, and in 2000 it was 273,546. The population is 277,140 under the 2010 census. This bill amends the law so that it will continue to apply to Newark.