N.J. Admin. Code § 4A:10-1.1
(ANNOTATION: On January 9, 2014, the Concurrent Resolution below was passed by the New Jersey Legislature concerning 4A:3-3.2A. See 46 N.J.R. 257(a). This annotation is provided by the New Jersey Office of Administrative Law pursuant to 52:14B-4.3.
ASSEMBLY CONCURRENT RESOLUTION No. 215
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED DECEMBER 12, 2013
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Watson Coleman, Senators Gordon, Greenstein and Turner
SYNOPSIS
Invalidates or prohibits adoption of rule proposed by Civil Service Commission to establish job banding program.
CURRENT VERSION OF TEXT
As introduced.
A CONCURRENT RESOLUTION concerning legislative review of rules and regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey and invalidating or prohibiting the adoption of a rule proposed by the Civil Service Commission to establish a job banding program.
WHEREAS, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate an adopted rule or regulation or prohibit the adoption of a proposed rule or regulation if it finds that the rule or regulation is not consistent with legislative intent; and
WHEREAS, Upon finding that a rule or regulation, either proposed or adopted, is not consistent with legislative intent, Article V, Section IV, paragraph 6 provides that the Legislature shall transmit its findings in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation, and the agency shall have 30 days from the time the concurrent resolution is transmitted to amend or withdraw the rule or regulation; and
WHEREAS, If the agency does not amend or withdraw the existing or proposed rule or regulation, Article V, Section IV, paragraph 6 provides that the Legislature may invalidate or prohibit the adoption of the proposed rule or regulation, following a public hearing held by either House on the invalidation or prohibition, the placement of a transcript of the public hearing on the desks of the members of each House of the Legislature in open meeting followed by the passage of at least 20 calendar days, and a vote of a majority of the authorized membership of each House in favor of a concurrent resolution invalidating or prohibiting the adoption of the rule or regulation; and
WHEREAS, The Civil Service Commission proposed a new rule, N.J.A.C. 4A:3-3.2A, entitled "Job Banding Program," which was filed with the Office of Administrative Law on February 28, 2013 and published in the New Jersey Register on March 18, 2013; and
WHEREAS, The proposed new rule is contrary to the spirit, intent, and plain meaning of the provision in the New Jersey Constitution that requires that promotions be based on merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive. The fact that the proposed new rule would eliminate competitive promotional examinations for tens of thousands of positions for which such exams have been administered for decades is compelling evidence that it is practicable to continue to determine the merit and fitness of candidates for such promotional positions by competitive examination in accordance with the New Jersey Constitution. The proposed new rule is not consistent with the legislative intent that the public policy of this State is to select and advance employees on the basis of their relative knowledge, skills and abilities, ensure equal employment opportunity at all levels of public service, and protect career public employees from political coercion. The proposed new rule is not consistent with the legislative intent that a competitive promotional examination process be established, maintained, and administered by the Civil Service Commission to ensure that promotions are based on merit and fitness and are not based on patronage or discriminatory reason. The proposed new rule is not consistent with the legislative intent that whenever a veteran ranks highest on a promotional certification, a nonveteran shall not be appointed unless the appointing authority shall show cause before the commission why a veteran should not receive such promotion. The proposed new rule is not consistent with the intent of the Legislature as expressed in the language of the Civil Service Act, including the spirit, intent, or plain meaning of 11A:3-1, 11A:4-1, 11A:4-8 or 11A:5-7;
WHEREAS, Assembly Concurrent Resolution No. 199 of 2013, passed by the General Assembly on June 24, 2013 and by the Senate on June 27, 2013, set forth the finding of the Legislature that the proposed rule, filed on February 28, 2013 and published on March 18, 2013, is not consistent with the Legislatures intent, and that concurrent resolution was filed with the Secretary of State and transmitted to the Governor and the Chair of the Civil Service Commission. The Civil Service Commission has 30 days from the date of transmittal to amend or withdraw the proposed rule; and
WHEREAS, Prior to voting on a concurrent resolution to invalidate an adopted rule or regulation or prohibit the adoption of a rule or regulation, a public hearing must be held on invalidating or prohibiting the adoption of the proposed rule and the transcript of that hearing must be placed on the desk of each member of the Senate and each member of the General Assembly; now, therefore,
BE IT RESOLVED by the General Assembly of the State of New Jersey (the Senate concurring):
STATEMENT
Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, this concurrent resolution prohibits, in whole, the rule proposed by the Civil Service Commission to establish a job banding program, specifically 4A:3-3.2A filed on February 28, 2013 and published on March 18, 2013, from being adopted and taking effect. If, at the time of passage of this concurrent resolution, the Civil Service Commission has adopted 4A:3-3.2A, the Legislature invalidates, in whole, 4A:3-3.2A, the rule proposed by the Civil Service Commission and entitled "Job Banding Program," pursuant to the power set forth in Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey. Previously, the Legislature passed Assembly Concurrent Resolution No. 199 of 2013 stating the finding of the Legislature that the proposed rule is not consistent with legislative intent.)
N.J. Admin. Code § 4A:10-1.1