Bill Text: NJ A4346 | 2010-2011 | Regular Session | Introduced
Bill Title: The "Common Sense Shared Services Act"; concerns shared service agreements and joint contracts for certain local personnel under "Uniform Shared Services and Consolidation Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-11-28 - Introduced, Referred to Assembly Housing and Local Government Committee [A4346 Detail]
Download: New_Jersey-2010-A4346-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
The "Common Sense Shared Services Act"; concerns shared service agreements and joint contracts for certain local personnel under "Uniform Shared Services and Consolidation Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain shared service agreements under the "Uniform Shared Services and Consolidation Act" and designated as the "Common Sense Shared Services Act" and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Common Sense Shared Services Act."
2. Section 2 of P.L.2007, c.63 (C.40A:65-2) is amended to read as follows:
2. The Legislature finds and declares:
a. Historically, many specialized statutes have been enacted to permit shared services between local units for particular purposes.
b. Other laws, permitting a variety of shared services, including interlocal services agreements, joint meetings, and consolidated and regional services, exist but have not been very effective in promoting the broad use of shared services as a technique to reduce local expenses funded by property taxpayers.
c. It is appropriate for the Legislature to enact a new shared services statute that can be used to effectuate agreements between local units for any service or circumstance intended to reduce property taxes through the reduction of local expenses.
d. It is contrary to public policy that the tenure rights of certain local personnel should effectively prohibit shared services agreements for the services provided by those local personnel, thereby depriving property taxpayers of property tax relief.
(cf: P.L.2007, c.63, s.2)
3. Section 4 of P.L.2007, c.63 (C.40A:65-4) is amended to read as follows:
4. a. (1) Any local unit may enter into an agreement with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purposes of any of the participating local units
Tenure rights shall not prohibit the sharing of services for a municipal clerk, a chief financial officer, an assessor, or a tax collector.
The statutory requirements that each municipality must appoint a municipal clerk, a chief financial officer, an assessor, a tax collector, a municipal engineer and a principal public works manager shall permit and include the provision of the services of any of those municipal employees through a shared service agreement pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.).
(2) Notwithstanding any law, rule or regulation to the contrary, any agreement between local units for the provision of shared services shall be entered into pursuant to sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.); provided, however, that agreements regarding shared services that are otherwise regulated by statute, rule, or regulation are specifically excluded from sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.).
(3) The board is authorized to render a decision in the determination of the statutory basis under which a specific shared service is governed.
b. Any agreement entered into pursuant to this section shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs, pursuant to rules and regulations promulgated by the director.
c. In the case of a tenured municipal clerk, chief financial officer, assessor, or tax collector, the dismissal of such a tenured employee that is necessary to effectuate the sharing of a service entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.) shall be deemed to be a just cause, or good cause, as appropriate, for the dismissal of that employee.
(cf: P.L.2007, c.63, s.4)
4. Section 8 of P.L.2007, c.63 (C.40A:65-8) is amended to read as follows:
8. a. Whenever two or more local units enter into an agreement, pursuant to section 4 of P.L.2007, c.63 (C.40A:65-4), for the shared provision of law enforcement services, or fire protection services by a paid fire department, within their respective jurisdictions, the agreement shall recognize and preserve the seniority, tenure, and pension rights of every full-time law enforcement officer or firefighter who is employed by each of the participating local units and who is in good standing at the time the ordinance authorizing the agreement is adopted, and none of those law enforcement officers or firefighters shall be terminated, except for cause; provided, however, this provision shall not be construed to prevent or prohibit a merged law enforcement entity or fire department from reducing force as provided by law for reasons of economy and efficiency.
b. To provide for the efficient administration and operation of the shared law enforcement services, or fire protection services, within the participating local units, the agreement may provide for the appointment of a chief of police or other chief law enforcement officer, or fire chief. In that case, the agreement shall identify the appropriate authority to whom the chief of police or other chief law enforcement officer, or fire chief, reports and also shall provide that any person who is serving as the chief of police or other chief law enforcement officer, or fire chief, in one of the participating local units at the time the contract is adopted may elect either:
(1) to accept a demotion of no more than one rank without any loss of seniority rights, impairment of tenure, or pension rights; or
(2) to retire from service.
A person who elects retirement shall not be demoted, but shall retain the rank of chief of police or other chief law enforcement officer, or fire chief, and shall be given terminal leave for a period of one month for each five-year period of past service as a law enforcement officer, or firefighter, with a participating local unit. During the terminal leave, the person shall continue to receive full compensation and shall be entitled to all benefits, including any increases in compensation or benefits, that he may have been entitled to if he had remained on active duty.
c. Whenever the participating local units have adopted or are deemed to have adopted Title 11A, Civil Service, of the New Jersey Statutes with regard to the provision of law enforcement services, or fire protection services, and the agreement provides for the appointment of a chief of police or other chief law enforcement officer, or fire chief, the position of chief of police or other chief law enforcement officer, or fire chief, shall be in the career service.
(cf: P.L.2007, c.63, s.8)
5. Section 17 of P.L.2007, c.63 (C.C.40A:65-17) is amended to read as follows:
17. a. Whenever the governing bodies of two or more local units enter into a joint contract for the joint operation of law enforcement services, or fire protection services by a paid fire department, within their respective jurisdictions, the contract shall recognize and preserve the seniority, tenure, and pension rights of every full-time law enforcement officer or firefighter who is employed by each of the contracting local units and who is in good standing at the time the ordinance or resolution, as the case may be, authorizing the contract is adopted, and none of those law enforcement officers, or firefighters, shall be terminated, except for cause; provided, however, this provision shall not be construed to prevent or prohibit a merged law enforcement entity, or fire department, from reducing force as provided by law for reasons of economy and efficiency.
b. (1) To provide for the efficient administration and operation of the joint law enforcement services, or fire protection services, within the participating local units, the joint contract may provide for the appointment of a chief of police or other chief law enforcement officer, or fire chief. In that case, the joint contract shall identify the appropriate authority to whom the chief of police or other chief law enforcement officer, or fire chief, reports and also shall provide that any person who is serving as the chief of police or other chief law enforcement officer, or fire chief, in one of the participating local units at the time the joint contract is adopted may elect either:
(a) to accept a demotion of no more than one rank without any loss of seniority rights, impairment of tenure, or pension rights; or
(b) to retire from service.
(2) Any person who elects retirement shall not be demoted but shall retain the rank of chief of police or other chief law enforcement officer, or fire chief, and shall be given terminal leave for a period of one month for each five-year period of past service as a law enforcement officer, or fire fighter, with the participating local unit. During the terminal leave, the person shall continue to receive full compensation and shall be entitled to all benefits, including any increases in compensation or benefits, that he may have been entitled to if he had remained on active duty.
c. Whenever the participating local units have adopted or are deemed to have adopted Title 11A, Civil Service, of the New Jersey Statutes with regard to the provision of law enforcement services, or fire protection services, and the contract provides for the appointment of a chief of police or other chief law enforcement officer, or fire chief, the position of chief law enforcement officer, or fire chief, shall be in the career service.
(cf: P.L.2007, c.63, s.17)
6. N.J.S.40A:9-133 is amended to read as follows:
40A:9-133. a. In every municipality there shall be a municipal clerk appointed for a three-year term by the governing body of the municipality. The requirement that every municipality shall have a municipal clerk may be fulfilled by the sharing of a municipal clerk with another municipality or municipalities under a shared service agreement or a joint contract for a joint meeting entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). Commencing January 1 following the third anniversary of the effective date of P.L.1997, c.279 (C.40A:9-133.9 et al.), no person shall be appointed or reappointed as a municipal clerk unless that person holds a registered municipal clerk certificate issued pursuant to section 3 or section 4 of P.L.1985, c.174 (C.40A:9-133.3 or C.40A:9-133.4).
b. For the purposes of tenure, the term of a municipal clerk shall be deemed to have begun as of the actual date upon which a person serving as municipal clerk is appointed. In the event of a vacancy in the office of municipal clerk, an appointment shall be made for a new term and not for the unexpired term. A reappointment of an incumbent municipal clerk made within 60 days following the expiration of the prior term shall not be considered to be a new appointment and the effective date of the reappointment shall date back to the date of expiration of the initial term of appointment.
c. Within 90 days of the occurrence of a vacancy in the office of municipal clerk by reason of the departure of a registered municipal clerk, the governing body may appoint a person who does not hold a registered municipal clerk certificate to serve as acting municipal clerk for a period not to exceed one year and commencing on the date of the vacancy. Any person so appointed may, with the approval of the Director of the Division of Local Government Services in the Department of Community Affairs, be reappointed as acting municipal clerk for a maximum of two subsequent one-year terms following the termination of the temporary appointment. No local unit shall fill the position of acting municipal clerk for more than three consecutive years. Time served as acting municipal clerk may be credited toward the experience authorized as a substitute for the college education requirement pursuant to section 2 of P.L.1985, c.174 (C.40A:9-133.2). Time served as acting municipal clerk may not be credited as time served as municipal clerk for the purpose of acquiring tenure pursuant to section 7 of P.L.1985, c.174 (C.40A:9-133.7).
d. (Deleted by amendment, P.L.1997,c.279).
e. The municipal clerk shall:
(1) act as secretary of the municipal corporation and custodian of the municipal seal and of all minutes, books, deeds, bonds, contracts, and archival records of the municipal corporation. The governing body may, however, provide by ordinance that any other specific officer shall have custody of any specific other class of record;
(2) act as secretary to the governing body, prepare meeting agendas at the discretion of the governing body, be present at all meetings of the governing body, keep a journal of the proceedings of every meeting, retain the original copies of all ordinances and resolutions, and record the minutes of every meeting;
(3) serve as the chief administrative officer in all elections held in the municipality, subject to the requirements of Title 19 of the Revised Statutes;
(4) serve as chief registrar of voters in the municipality, subject to the requirements of Title 19 of the Revised Statues;
(5) serve as the administrative officer responsible for the acceptance of applications for licenses and permits and the issuance of licenses and permits, except where statute or municipal ordinance has delegated that responsibility to some other municipal officer;
(6) serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the Revised Statutes;
(7) perform such other duties as are now or hereafter imposed by statute, regulation or by municipal ordinance or regulation.
f. If a governing body fails or refuses to comply with subsection a., b. or c. of this section, the director may order the governing body to comply by a date certain which shall afford the governing body a reasonable time within which to comply.
(cf: P.L.1997, c.279, s.1)
7. Section 7 of P.L.1985, c.174 (C.40A:9-133.7) is amended to read as follows:
7. Notwithstanding the provisions of any other law to the contrary, any person who:
a. Shall be reappointed municipal clerk subsequent to having received a registered municipal clerk certificate pursuant to P.L.1985, c.174 and having served as municipal clerk or performed the duties of municipal clerk for not less than three consecutive years immediately prior to such reappointment; or
b. Shall have acquired tenure; shall hold office during good behavior and efficiency, and compliance with the continuing education requirements set forth in section 8 of P.L.1997, c.279 (C.40A:9-133.10), notwithstanding that such reappointment was for a fixed term of years; and shall not be removed therefrom for political reasons but only for good cause shown and after a proper hearing before the director or the director's designee. The removal of a registered municipal clerk shall be only upon a written complaint setting forth with specificity the charge or charges against the clerk. The complaint shall be filed with the director and a certified copy of the complaint shall be served upon the person so charged, with notice of a designated hearing date before the director or the director's designee, which shall be not less than 30 days nor more than 60 days from the date of service of the complaint. Such date may be extended by the Superior Court for good cause shown upon the application of either party. The person so charged and the complainant shall have the right to be represented by counsel and the power to subpoena witnesses and documentary evidence together with discovery proceedings. The provisions of this section shall apply to every person actually in office as registered municipal clerk, whether or not in the classified service under Title 11A of the New Jersey Statutes (Civil Service).
For the purposes of this section, the definition of good cause for removal of a municipal clerk may include the failure of the clerk to meet the continuing education requirements set forth in section 8 of P.L.1997,c.279 (C.40A:9-133.10).
c. For the purposes of this section, the definition of good cause for removal of a municipal clerk shall include the elimination of the position of municipal clerk in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for municipal clerk services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a municipal clerk under this subsection shall not require the municipality to fulfill the requirements of subsection b. of this section. Instead, the municipality shall provide the clerk with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, and a letter stating that the position of municipal clerk in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
(cf: P.L.1997, c.279, s.5)
8. N.J.S.40A:9-134 is amended to read as follows:
40A:9-134. On or before December 31, 1985, any person holding the office of municipal clerk in any municipality and having held such office continuously for five years from the date of his original appointment shall have tenure in such office and shall not be removed therefrom except for good cause shown after a fair and impartial hearing.
For the purposes of this section, the definition of good cause for removal of a municipal clerk may include the failure of the clerk to meet the continuing education requirements set forth in section 8 of P.L.1997, c.279 (C.40A:9-133.10).
For the purposes of this section, the definition of good cause for removal of a municipal clerk shall include the elimination of the position of municipal clerk in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of municipal clerk services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a municipal clerk under this section shall not require the municipality to fulfill the requirements of subsection b. of section 7 of P.L.1985, c.174 (C.40A:9-133.7). Instead, the municipality shall provide the clerk with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, and a letter stating that the position of municipal clerk in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
(cf: P.L.1997, c.279, s.6)
9. Section 2 of P.L.1977, c.39 (C.40A:9-140.8) is amended to read as follows:
2. a. Notwithstanding the provisions of any other law to the contrary, any person who has served as the chief financial officer of a municipality for four consecutive years and who is reappointed as that municipality's chief financial officer shall be granted tenure of office upon filing with the clerk of the municipality and with the Division of Local Government Services in the Department of Community Affairs a notification evidencing his compliance with this section.
b. Thereafter, the person shall continue to hold office during good behavior and efficiency, and shall not be removed therefrom except for just cause and then only after a public hearing upon a written complaint setting forth the charge or charges against him pursuant to section 3 of P.L.1977, c.39 (C.40A:9-140.9) or upon expiration or revocation of certification by the director pursuant to section 7 of P.L.1988, c.110 (C.40A:9-140.12).
c. For the purposes of this section, the definition of just cause for removal of a chief financial officer shall include the elimination of the position of chief financial officer in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of chief financial officer services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a chief financial officer under this subsection shall not require the municipality to fulfill the requirements of section 3 of P.L.1977, c.39 (C.40A:9-140.9). Instead, the municipality shall provide the chief financial officer with a written copy of the shared service agreement or joint meeting agreement entered into by the municipality, and a letter stating that the position of chief financial officer in the municipality is being eliminated as the result of the shared service agreement or joint meeting agreement.
(cf: P.L.1991, c.175, s.6)
10. Section 5 of P.L.1988, c.110 (C. 40A:9-140.10) is amended to read as follows:
5. Notwithstanding the provisions of any law to the contrary, in every municipality there shall be a chief financial officer appointed by the governing body of the municipality. The requirement that every municipality shall have a chief financial officer may be fulfilled by the sharing of a chief financial officer with another municipality or municipalities under a shared service agreement or a joint contract for a joint meeting agreement entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The term of office shall be four years, which shall run from January 1 in the year in which the chief financial officer is appointed. The compensation for the chief financial officer shall be separately set forth in a municipal salary ordinance.
If a governing body fails or refuses to comply with this section, and has received an order from the director to do so, the members of a governing body who willfully fail or refuse to comply shall each be subject to a personal penalty of $25 for each day after the date fixed for final action that failure or refusal to comply continues. The amount of the penalty may be recovered by the director in the name of the State as a personal debt of the member of the governing body, and shall be paid, upon receipt, into the State Treasury.
For the purposes of this section, the definition of just cause for removal of a chief financial officer shall include the elimination of the position of chief financial officer in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of chief financial officer services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a chief financial officer under this section shall not require the municipality to fulfill the requirements of subsection a. of section 3 of P.L.1977, c.39 (C.40A:9-140.9). Instead, the municipality shall provide the chief financial officer with a written copy of the shared service agreement or joint meeting agreement entered into by the municipality, and a letter stating that the position of chief financial officer in the municipality is being eliminated as the result of the shared service agreement or joint meeting agreement.
(cf: P.L.1991, c.175, s.8)
11. N.J.S.40A:9-141 is amended to read as follows:
40A:9-141. Notwithstanding any other law the governing body or chief executive, as shall be appropriate to the form of government of the municipality, by ordinance, shall provide for the appointment of a municipal tax collector and the compensation of the tax collector shall be fixed in the manner otherwise provided by law. The requirement that every municipality shall have a municipal tax collector may be fulfilled by the sharing of a municipal tax collector with another municipality or municipalities under a shared service agreement or a joint contract for a joint meeting entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The governing body may, by resolution, set appropriate hours of operation of the tax collector's office and the work hours of the tax collector, commensurate with the compensation paid to the tax collector, and all personnel assigned to the tax collector's office. The office of municipal tax collector and municipal treasurer, or municipal clerk may be held by the same person.
(cf: P.L.2000, c.126, s.22)
12. Section 8 of P.L.1979, c.384 (C.40A:9-145.8) is amended to read as follows:
8. Notwithstanding the provisions of any other law to the contrary, any person who:
a. Shall be reappointed tax collector subsequent to having received a tax collector certificate pursuant to section 3 or 4 of P.L.1979, c.384, or holds a tax collector certificate issued pursuant to N.J.S.40A:9-141, section 2 of P.L.1979, c.384 (C.40A:9-145.2), and section 6 of P.L.1993, c.25 (C.40A:9-145.3a), and having served as tax collector or performed the duties of tax collector for not less than four consecutive years immediately prior to such reappointment; or,
b. shall have acquired tenure; shall hold his office during good behavior, efficiency, and compliance with requirements for continuing education pursuant to sections 6 and 7 of P.L.1993, c.25 (C.40A:9-145.3a and C.40A:9-145.3b), notwithstanding that such reappointment was for a fixed term of years; and he shall not be removed therefrom for political reasons but only for good cause shown and after a proper hearing before the director or his designee.
c. The removal of a municipal tax collector shall be only upon a written complaint setting forth with specificity the charge or charges against him. The complaint shall be filed with the municipal clerk and the director and a certified copy thereof shall be served upon the person so charged, with notice of a designated hearing date before the director or his designee, which shall be not less than 30 days nor more than 60 days from the date of service of the complaint. Such date may be extended by the Superior Court for good cause shown upon the application of either party. The person so charged and the complainant shall have the right to be represented by counsel and the power to subpena witnesses and documentary evidence together with discovery proceedings. The provisions of this section shall apply to every person actually in office as tax collector or performing the duties of tax collector whether or not in the classified service under Title 11A, Civil Service, of the New Jersey Statutes.
d. For the purposes of this section, the definition of good cause for removal of a tax collector may include the failure of a tax collector to meet the continuing education requirement set forth in sections 6 and 7 of P.L.1993, c.25 (C.40A:9-145.3a and C.40A:9-145.3b).
e. For the purposes of this section, the definition of good cause for removal of a tax collector shall include the elimination of the position of tax collector in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of tax collector services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a tax collector under this section shall not require the municipality to fulfill the requirements of section 8 of P.L.1979, c.384 (C.40A:9-145.8). Instead, the municipality shall provide the tax collector with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, and a letter stating that the position of tax collector in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
(cf: P.L.1993, c.25, s.5)
13. N.J.S.40A:9-146 is amended to read as follows:
40A:9-146. The governing body or chief executive, as shall be appropriate to the form of government of the municipality shall provide for the appointment of a tax assessor and such deputy tax assessors as it may determine necessary. The requirement that every municipality shall have a tax assessor and any such deputy tax assessors as it deems necessary may be fulfilled by the sharing of a tax assessor and any necessary deputy tax assessors with another municipality or municipalities under a shared service agreement or joint contract for a joint meeting entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The appointing authority may, by resolution or order as appropriate, set the total number of weekly hours of operation of the tax assessor's office and the total number of weekly work hours of the tax assessor, commensurate with the compensation paid to the tax assessor. The appointing authority shall not set the specific work hours of the tax assessor. The governing body, by ordinance, shall determine the amount of compensation of such assessors.
(cf: P.L.2000, c.126, s.23)
14. Section 7 of P.L.1967, c.44 (C.54:1-35.31) is amended to read as follows:
7. a. Notwithstanding the provisions of any other law to the contrary, every person
(1) who, upon reappointment or re-election subsequent to having received a tax assessor certificate and having served as tax assessor or performed the duties of assessor for not less than four consecutive years immediately prior to such reappointment or re-election, or
(2) who, on or before June 30, 1969, shall have received a tax assessor certificate while actually in office as assessor or performing the duties of an assessor, and who, on or before June 30, 1969, shall have served as assessor or performed the duties of assessor for not less than four consecutive years,
shall hold his position during good behavior and efficiency and compliance with requirements for continuing education pursuant to section 1 of P.L.1999, c.278 (C.54:1-35.25b), notwithstanding that such reappointment or re-election was for a fixed term of years, and he shall not be removed therefrom for political reasons but only for good cause shown and after a proper hearing before the director or his designee after due notice. A person who was formerly an assessor, a secretary of a board of assessors or a member of a board of assessors who shall have become by virtue of this amendatory and supplementary act, P.L.1981, c.393, a deputy tax assessor or an assessor, and who has not met the requirements of (1) or (2) above shall not be removed during his term in office for political reasons, but only for good cause shown and after a proper hearing before the director or his designee after due notice. In municipalities operating under forms of government where the assessor served at the pleasure of the appointing authority for an unlimited term of office, receipt of a tax assessor certificate and continuance in service as assessor after completion of 4 consecutive years of service shall be deemed the equivalent of reappointment. The provisions of this section shall apply to every person actually in office as assessor or performing the duties of an assessor whether in the classified service under Title 11A, Civil Service, or in a municipality which has not adopted Title 11A, Civil Service. For the purpose of this section, "good cause" shall include the failure of a tax assessor to meet the continuing education requirement required by section 1 of P.L.1999, c.278 (C.54:1-35.25b), and such failure shall render a tax assessor ineligible for service as a tax assessor.
b. For the purposes of this section, the definition of good cause for removal of a tax assessor shall include the elimination of the position of tax assessor in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of tax assessor services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a tax collector under subsection a. of this section shall not require the municipality to fulfill the requirements of that section. Instead, the municipality shall provide the tax assessor with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, and a letter stating that the position of tax assessor in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
(cf: P.L.1999, c.278, s.2)
15. N.J.S.40A:9-140 is amended to read as follows:
40A:9-140. In every municipality the governing body, by ordinance, shall provide for the appointment of a municipal engineer and fix his compensation in an annual salary or fixed fee basis or at an hourly rate and based upon actual time and expenses agreed on prior to the rendering of the services. The requirement that every municipality shall have a municipal engineer may be fulfilled by the sharing of a municipal engineer with another municipality or municipalities under a shared service agreement or joint contract for a joint meeting entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). No municipal engineer shall be compensated by receiving a percentage of the contract for which he renders services. Unless otherwise provided by law his term of office shall be 3 years.
(cf: P.L.1975, c.285, s.1)
16. N.J.S.40A:9-152 is amended to read as follows:
40A:9-152. Whenever a person has or shall have held the office of municipal treasurer for 10 consecutive years, the governing body of the municipality may grant tenure in office to such person. In the event the governing body fails to grant tenure in office to a municipal treasurer who has held that office for 10 consecutive years, a petition may be filed for a referendum vote on the question of whether the municipal treasurer shall continue to hold office during good behavior and efficiency, and shall not be removed therefrom except for just cause and then only after public hearing upon a written complaint setting forth the charge or charges against him. The petition shall be signed by at least 10% of the registered voters of the municipality and filed with the municipal clerk. Upon the filing of the petition the question shall be submitted to the voters at the next general election which shall occur not less than 60 days thereafter. The municipal clerk shall cause the question to be placed upon the official ballot to be used at the general election in the manner provided by law in substantially the following form: "Shall the municipal treasurer continue to hold office during good behavior and efficiency and not be removed therefrom except for just cause and then only after public hearing upon a written complaint setting forth the charge or charges against him?"
Immediately to the left of the question there shall be printed the words "Yes" and "No" , each with a square, in either of which the voter may make a cross ( x ), or a plus sign (+) or check mark ( X ) according to his choice. There shall also be printed the following: "Place a cross ( x ), or a plus sign (+) or check mark ( X ) in one of the above squares indicating your choice." Where voting machines are used, voting thereon shall be equivalent to the foregoing.
The election shall be held in accordance with the general law relating to public questions to be voted on in a single municipality at elections as provided for by Title 19 (Elections) of the Revised Statutes.
For the purposes of this section, the definition of good cause for removal of a tenured municipal treasurer shall include the elimination of the position of municipal treasurer in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of municipal treasurer services with another municipality or municipalities pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). The removal of a tenured municipal treasurer under this section shall not require the municipality to fulfill the requirements of N.J.S.40A:9-152.1. Instead, the municipality shall provide the municipal treasurer with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, and a letter stating that the position of municipal treasurer in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
(cf: N.J.S.40A:9-152)
17. Section 7 of P.L.1991,c.258 (C.40A:9-154.6g) is amended to read as follows:
7. a. Commencing January 1, 1997, the governing body or chief executive officer of each municipality, as appropriate, shall appoint a principal public works manager for that municipality. The requirement that every municipality shall have a principal public works manager may be fulfilled by the sharing of a principal public works manager with another municipality or municipalities under a shared service agreement or joint contract for a joint meeting entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.).
b. No person shall be selected to perform the duties of a principal public works manager unless he holds a public works manager certificate issued pursuant to section 3 of P.L.1991, c.258 (C.40A:9-154.6c), which certificate has not been revoked or suspended in accordance with the provisions of subsection b. of section 6 of P.L.1991, c.258 (C.40A:9-154.6f).
c. When a vacancy occurs in a position in which the duties of principal public works manager are performed, the governing body or chief executive officer, as appropriate, may select, for a period not to exceed one year and commencing on the date of the vacancy, a person who does not hold a certified public works manager certificate to perform on an interim basis, the duties of a principal public works manager. Any person so selected may be selected as principal public works manager for one additional year; provided, however, that no person shall perform on an interim basis, the duties of a temporary principal public works manager for more than two years in any municipality, and also provided that, in a municipality operating under the provisions of Title 11A, the Civil Service Act, no person so selected on an interim basis shall be required to perform out-of-title work.
d. Any municipality that conducts minimal or no public works activity may apply to the director for an exemption from this section. Such exemptions shall be valid for five years from the date of issuance, at which time the municipality must reapply for an exemption or select a person to perform the duties of a principal public works manager. Upon receipt of an application for exemption, the director shall have the public works advisory board review the application and make a recommendation to the director for approval or denial. If the director for good cause disagrees with the recommendation, he shall advise the public works advisory board of his decision and take any action he deems appropriate.
e. If a governing body or mayor fails or refuses to comply with this section, and has received an order from the director to do so, the members of a governing body or mayor who willfully fail or refuse to comply shall each be subject to a personal penalty of $25 for each day after the date fixed for final action that failure or refusal to comply continues. The amount for the penalty may be recovered by the director in the name of the State as a personal debt of the member of the governing body or mayor, and shall be paid, upon receipt, into the State Treasury.
(cf: P.L.1995, c.46, s.6)
18. This act shall take effect immediately.
STATEMENT
This bill, the "Common Sense Shared Services Act," revises current law to ensure that certain, statutorily-required municipal officials who earn tenure in their positions do not stand in the way of a shared service agreement, or joint contract for a joint meeting, for the provision of local services, to help control property taxes.
The bill would require that notwithstanding the statutory requirements that every municipality appoint a municipal clerk, chief financial officer, assessor, tax collector, public works manager, and municipal engineer, those requirements may be fulfilled by the sharing of those personnel with another municipality or municipalities under a shared service agreement or joint contract for a joint meeting entered into pursuant to the provisions of the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.).
The bill also provides that, notwithstanding the tenure in office that can be earned by a municipal clerk, chief financial officer, assessor, tax collector, public works manager, and municipal treasurer (a municipal engineer is not able to earn tenure under current law), these personnel may be removed from office to effectuate a shared service agreement or a joint contract for a joint meeting for the services of their positions. The bill requires that the definition of good cause, or just cause, as the case may be, for removal of one of these tenured local officials, shall include the elimination of the position in the municipality as the result of the municipality's entering into a shared service agreement or a joint contract for a joint meeting for the provision of municipal treasurer services with another municipality or municipalities pursuant to the provisions of the "Uniform Shared Services and Consolidation Act." The bill further requires that the removal of a tenured local official shall not require a municipality to fulfill the requirements of current law regarding the removal of a tenured official; instead, a municipality simply must provide the tenured local official with a written copy of the shared service agreement or joint contract for a joint meeting entered into by the municipality, together with a letter stating that the tenured official's position in the municipality is being eliminated as the result of the shared service agreement or joint contract for a joint meeting.
Finally, the bill authorizes municipalities to enter into shared service agreements or joint contracts for joint meetings for fire protection purposes (the fire departments must be paid fire departments, not volunteer or part-paid departments), and allows for the recognition and preservation of the seniority, pension rights and tenure of every full-time firefighter involved in the shared service or joint meeting.
The purpose of this bill is to remove any impediment to the sharing of the services of the afore-mentioned tenured local officials, and to authorize the sharing of firefighter personnel, either by a shared service agreement or by a joint contract for a joint meeting, in order to ensure that local property taxpayers can be provided with more efficient, and less-costly, local government services.
