S2543

An Act concerning the boards of trustees of State colleges and universities and county colleges, supplementing chapters 64 and 64A of Title 18A of the New Jersey Statutes, and amending N.J.S.18A:64A-9 and P.L.1982, c.42.

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

1. (New section) a. The board of trustees of any State college or university established pursuant to chapter 64 of Title 18A of the New Jersey Statutes shall have two members who are employees of the college or university and who shall be appointed by the Governor from a list of candidates recommended by the labor organizations that represent the employees.

b. Each employee member shall serve a term of two years, except that of the initial selections, one member shall serve a term of one year and one member shall serve a term of two years. In the event that the employees of the State college or university are represented by more than two labor organizations, the employee members shall be recommended to the Governor based on an agreement among the labor organizations.

c. An employee member shall have full voting rights, provided that the member shall not participate in any matter affecting the employment or terms or conditions of employment of an employee of the college or university.

2. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, the board of trustees of any county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes shall have two members who are employees of the college and who shall be appointed by the Governor from a list of candidates recommended by the labor organizations that represent the employees.

b. Each employee member shall serve a term of two years, except that of the initial selections, one member shall serve a term of one year and one member shall serve a term of two years. In the event that the employees of the county college are represented by more than two labor organizations, the employee members shall be recommended to the Governor based on an agreement among the labor organizations.

3. N.J.S.18A:64A-9 is amended to read as follows:

18A:64A-9 Appointed members of the board of trustees shall have been residents of the county for a period of four years prior to said appointment, and no elected public official [or employee of the county college] shall serve as a voting member of the board. The term of office of appointed members, except for the first appointments, shall be for four years. Each member shall serve until his successor shall have been appointed and qualified.

Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Any appointed member may be removed by the board of chosen freeholders of the appointing county for cause upon notice and opportunity to be heard. Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

[A voting member of a board of trustees shall not be eligible to accept employment as an employee of the college at which he has served as a member of the board for a period of two years following resignation or expiration of his term as a member.]

In the case of a county college established by one county, the terms of office of members initially appointed to the board of trustees by the appointing authority of the county shall be as follows: two persons shall receive terms of one year; two, terms of two years; two, terms of three years; and two, terms of four years.

In the case of a county college established by more than one county, the terms of the members initially appointed to the board of trustees shall be fixed so that as nearly as possible, one-quarter of the appointed members will receive terms of four years, one-quarter terms of three years, one-quarter terms of two years and the remainder terms of one year. Such terms shall be allocated by the commission among the participating counties, in accordance with the number of members on the board of trustees apportioned to each county, starting with the terms of four years, by allocating one of such terms to each of the participating counties in alphabetical order of the names of such counties, and continuing, still in such order, with the terms of three years, the terms of two years and the terms of one year.

Members initially appointed to the board may serve from the time of their respective appointments, but the term of such office shall be deemed to commence as of November 1 of the year in which the appointment was made.

(cf: P.L.1994, c.48, s.126)

4. Section 6 of P.L.1982, c.42 (C.18A:64A-55) is amended to read as follows:

6. The board of trustees shall include seven public trustees, consisting of the county superintendent of schools, four members appointed by the board of chosen freeholders, and two citizens of the county appointed by the Governor, and four trustees appointed by the board of governors from among its members. However, no trustee shall be appointed after July 1, 1994 who is an employee of a constituent county. In addition, the student body shall be entitled to elect from the graduating class one representative to serve as a member of the board of trustees for a term of one year commencing at the first meeting of the board in July following graduation of his class. The student representative may be granted voting rights by a majority vote of the members of the board of trustees. If the board of trustees grants the student representative voting rights and all members of the board are present at the board meeting and there is a tie vote, the chairman shall break the tie.

All appointive members shall be residents of the county for a period of four years prior to appointment and no elected public official [or employee of the county college] shall serve as a voting member of the board. The terms of office of the appointive members shall be four years, except for the first appointment. Terms of those initially appointed by the chairman of the board of chosen freeholders shall expire, respectively, one, two, three and four years after appointment. Of those appointed by the Governor, one person shall be appointed for a term of two years and one for a term of four years. Of the members appointed by the board of governors, one person shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years.

Each member shall serve until his successor is appointed and qualified.

Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Upon notice and opportunity to be heard, an appointee may be removed for cause by the body originally making the appointment. Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

(cf: P.L.2007, c.147, s.2)

5. This act shall take effect immediately.

STATEMENT

This bill provides that the board of trustees of any State college or university and the board of trustees of any county college is required to have two members who are employees of the college or university, to be appointed by the Governor from a list of candidates recommended by the labor organizations that represent the employees. An employee member would serve a term of two years, except that the initial terms would be staggered. In the event that the employees of the State college or university or county college are represented by more than two labor organizations, the employee members will be recommended to the Governor based on an agreement among the labor organizations.

An employee member would have full voting rights, but could not participate in any matter affecting the employment or terms or conditions of employment of an employee of the college.

Current law prohibits county college employees from serving as members of the college’s board of trustees. This bill amends the law to eliminate that prohibition.