Bill Text: NJ A2031 | 2010-2011 | Regular Session | Chaptered
Bill Title: Extends time period during which municipal fire departments may hire certain laid off firefighters.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2010-07-02 - Approved P.L.2010, c.43. [A2031 Detail]
Download: New_Jersey-2010-A2031-Chaptered.html
An Act concerning the employment of certain firefighters and amending P.L.1993, c.187 and P.L.1996, c.140.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1993, c.187 (C.40A:14-9.9) is amended to read as follows:
2. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established and maintains a paid or part-paid fire department and force may appoint as a member or officer of the municipal fire department and force any person who:
(1) was serving as an officer or member in good standing in any paid or part-paid municipal fire department and force;
(2) satisfactorily completed a working test period in a firefighter title in a municipality which has adopted Title 11A, Civil Service, of the New Jersey Statutes or satisfactorily completed a comparable, documented probationary period in a firefighter title in a municipality which has not adopted Title 11A, Civil Service; and
(3) was, for reasons of economy, terminated as a firefighter within [36] 60 months prior to the appointment.
b. A municipality may employ such a person notwithstanding that:
(1) Title 11A, Civil Service, of the New Jersey Statutes is operative in that municipality;
(2) the municipality has available to it an eligible or regular reemployment list of persons eligible for such appointments; and
(3) the appointed person is not on any eligible list. A municipality which has adopted Title 11A, Civil Service, may not employ such a person if a special reemployment list is in existence for the firefighter title to be filled.
c. If a municipality determines to appoint a person pursuant to the provisions of this act, it shall give first priority in making such appointments to residents of the municipality and second priority to residents of the county not residing in the municipality.
d. The seniority, seniority-related privileges and
rank a firefighter possessed with the employer who terminated the firefighter's
employment for reasons of economy shall not be transferable to a new position
when the firefighter is appointed to a
firefighter position pursuant to the provisions of this section.
(cf: P.L.1993, c.187, s.2)
2. Section 1 of P.L.1996, c.140 (C.40A:14-182) is amended to read as follows:
1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-7, has established and maintains a paid or part-paid fire department and force or the board of fire commissioners in the case of a fire district established pursuant to the provisions of N.J.S.40A:14-70 et seq., may appoint as a member or officer of that fire department or force any person who:
(1) was serving as a civilian federal firefighter in good standing at any U.S. military installation in the State;
(2) satisfactorily completed such firefighter training as is required for employment as a civilian federal firefighter; and
(3) was, as a consequence of the closure of a federal military installation in this State, terminated as a civilian federal firefighter within [48] 60 months prior to the appointment.
b. A municipality may employ such a person notwithstanding that:
(1) Title 11A, Civil Service, of the New Jersey Statutes is operative in that municipality;
(2) the municipality has available to it an eligible or regular reemployment list of persons eligible for such appointments; and
(3) the appointed person is not on any eligible list. A municipality which has adopted Title 11A, Civil Service, may not employ such a person if a special reemployment list is in existence for the firefighter title to be filled.
c. If a municipality determines to appoint a person pursuant to the provisions of this act, it shall give first priority in making such appointments to residents of the municipality and second priority to residents of the county not residing in the municipality.
d. The seniority, seniority-related privileges and rank a civilian federal firefighter possessed while employed at a federal military installation shall not be transferable to a position in a municipal fire department and force obtained pursuant to the provisions of this section.
e. To effectuate the purposes of this section, the Civil Service Commission shall prepare and circulate, to those municipalities which have established and maintain fire departments and forces pursuant to N.J.S.40A:14-7, and to boards of fire commissioners in the case of fire districts established pursuant to the provisions of N.J.S.40A:14-70 et seq., a list of civilian federal firefighters eligible for appointment under the provisions of this section. The Civil Service Commission shall also circulate the list to municipalities and fire districts that have not adopted Title 11A, Civil Service, of the New Jersey Statutes.
Placement on the list compiled by the department shall be governed by length of service as a federal firefighter. A federal firefighter may apply for placement on the list at the time he or she receives a notice of termination of position or a priority placement program notice, and shall remain on the list for a period of four years.
(cf: P.L.2008, c.29, s.100)
3. This act shall take effect immediately.
STATEMENT
This bill would permit a paid or part-paid municipal fire department to hire a laid off fire fighter without utilizing any Civil Service lists provided, in part, that the termination occurred within 60 months prior to appointment with the new fire department.
Under current law, a firefighter who was laid off for reasons of the economy may be appointed to a new position with another municipality within 36 months of the termination without utilizing any Civil Service lists. In addition, a federal civilian fire fighter who was laid off as a consequence of the closure of a federal military installation in this State may be appointed to a new position within 48 months of the termination.
This bill extends that time period to 60 months in order to be consistent with the current reemployment policy for laid off police officers.
Extends time period during which municipal fire departments may hire certain laid off firefighters.
