S3353

An Act concerning municipal, county, and school district compliance with accumulated leave time laws and supplementing Title 52 of the Revised Statutes.

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

1. a. There is established in the Division of Local Government Services in the Department of Community Affairs the Office of Leave Time Compliance. The purpose of the office is to ensure that municipal, county, and school district policies and procedures comply with State laws concerning the accumulation and payment for unused sick leave and the accumulation of unused vacation leave for municipal, county, or school district employees.

b. The Director of the Division of Local Government Services shall appoint a person who is qualified by training and experience as coordinator to oversee the office. The coordinator shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.

c. The coordinator shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the duties of the office.

2. The duties of the coordinator shall include, but not be limited to:

a. developing guidelines for distribution to the governing body of each municipality, county, and school district on the interpretation and implementation of P.L.2007, c.92 , (C.43:15C-1 et al.), P.L.2010, c.3 (C.11A:6-19.2 et al.), and any other law, rule, or regulation concerning the accumulation and payment for unused sick leave and the accumulation of unused vacation leave for municipal, county, or school district employees in this State;

b. ensuring compliance with the laws concerning the accumulation and payment for unused sick and vacation leave for municipal, county, and school district employees by:

(1) requiring the governing body of each municipality, county, and school district to submit information concerning sick leave payouts made to employees to the office in a manner and on such forms as determined by the coordinator. Prior to submission, the information shall be certified by a business administrator or finance officer; and

(2) conducting assessments and reviews of the sick leave and vacation leave accrual systems and controls used by municipalities, counties, and school districts in this State, and either: certifying that the systems and controls are in compliance with State requirements; or issue a notice of noncompliance to the governing body of the municipality, county, or school district along with a corrective action plan to follow in order to achieve compliance; and

c. If the governing body of a municipality, county, or school district does not comply with the provisions of this section, then the municipality, county, or school district shall not increase its appropriations pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2) or section 3 of P.L.2007, c.62 (C.18A:7F-38), respectively, until such time that the coordinator certifies compliance.

3. The coordinator shall submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which shall include a description of: the sick leave payouts made to employees and the assessment of the sick leave and vacation leave accrual systems utilized by municipalities, counties, and school districts pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); enforcement actions taken by the coordinator during the previous year; and recommendations that the coordinator deems appropriate and necessary concerning the oversight of leave time compliance.

4. This act shall take effect immediately.

STATEMENT

This bill establishes the Office of Leave Time Compliance in the Division of Local Government Services in the Department of Community Affairs (DCA). The purpose of the office is to ensure that municipal, county, and school district policies and procedures comply with State laws concerning the accumulation and payment for unused sick leave and the accumulation of unused vacation leave for municipal, county, or school district employees.

Under the bill, the Director of the Division of Local Government Services would appoint a coordinator to oversee the office. The coordinator would organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the duties of the office.

The duties of the coordinator would, at a minimum, include:

(1) developing guidelines for distribution to the governing body of each municipality, county, and school district on the interpretation and implementation of on existing accumulated sick leave and vacation leave laws; and

(2) ensuring compliance with the laws by:

· requiring municipalities, counties, and school districts to submit information concerning sick leave payouts made to employees to the office in a manner and on such forms as determined by the coordinator. Prior to submission, the information would need to be certified by a business administrator or finance officer; and

· conducting assessments and reviews of the sick leave and vacation leave accrual systems and controls used by municipalities, counties, and school districts in this State, and either: certifying that the systems and controls are in compliance with State requirements; or issue a notice of noncompliance to the governing body of the municipality, county, or school district along with a corrective action plan to follow in order to achieve compliance.

The bill requires the coordinator to submit an annual report to the Governor and to the Legislature which includes a description of: the sick leave payouts made to employees and the assessment of the sick leave and vacation leave accrual systems utilized by municipalities, counties, and school districts; enforcement actions taken by the coordinator during the previous year; and recommendations the coordinator deems appropriate and necessary concerning the oversight of leave time compliance.