An Act concerning persons employed in a teaching capacity at a county college, amending P.L.1983, c.347 and amending and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

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

1. N.J.S.18A:6-18 is amended to read as follows:

18A:6-18. No professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other persons employed in a teaching capacity, in any State college [, county college] or industrial school who is under tenure during good behavior and efficiency shall be dismissed or subject to reduction of salary, except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause. Written charge of the cause or causes preferred against an individual shall be signed by the person or persons making the same and filed with the board of trustees of said college or school. Upon determination that the matter is a contested case, the board shall assign the matter for hearing and initial decision to the Office of Administrative Law. A final decision shall be rendered by the full board of trustees. The person charged may be represented by counsel at all times and have compulsory process to compel the attendance of witnesses to testify therein, as provided by law. Contested case hearings shall be conducted under rules and regulations established pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and P.L.1978, c.67 (C.52:14F-1 et seq.).

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

2. Section 1 of P.L.1983, c.347 (C.18A:6-18.1) is amended to read as follows:

1. If any tenured professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other person employed in a teaching capacity or any other tenured officer or employee in any State college, county college or industrial school or any other officer of employee of the college or school who is subject to dismissal only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, is suspended pending the determination of any charge against him, other than for an indictment under the laws of the United States or the State of New Jersey, and should the determination of the charge not be made within 180 days after it is filed with the board of trustees of said college or school, excluding all delays which are granted at the request of such person, the full salary (except for said 180 days) of such person shall be paid beginning on the 181st day until a determination by the board of trustees is made or, in the case of a county college, until a determination by the arbitrator is made. If the charge is dismissed, the person shall be reinstated immediately with full pay from the first day of the suspension. If the charge is dismissed and the suspension is continued during an appeal therefrom, then the person's full pay or salary shall continue until the determination of the appeal. However, the board of trustees shall deduct from the full pay or salary any sums received by way of pay or salary from any substituted employment assumed during the period of suspension. If the charge is sustained on the original hearing or an appeal therefrom, and the determination is appealed, then the salary suspension may be continued reinstituted or instituted unless and until the determination is reversed, in which event the suspended person shall be reinstated immediately with full pay as of the time of suspension. If the charges are sustained, the employer may recover any salary which was paid to the employee during the period of suspension.

(cf: P.L.1983, c.347, s.1)

3. N.J.S.18A:6-19 is amended to read as follows:

18A:6-19. Any member of any board of education, governing board or of any other board or any person or arbitrator, lawfully authorized to hold a hearing, may administer oaths to witnesses in such hearing, in any dispute or controversy under the school laws or the rules of the commissioner or of the State board or the rules of the New Jersey Public Employment Relations Commission, of which they or he have jurisdiction.

Any person who has been so sworn and who shall testify falsely at such hearing shall be guilty of a misdemeanor.

(cf: P.L.1994, c.48, s.49)

4. N.J.S.18A:6-20 is amended to read as follows:

18A:6-20. Any party to any dispute or controversy or charged therein, may be represented by counsel at any hearing held in or concerning the same and shall have the right to testify, and produce witnesses to testify on his behalf and to cross-examine witnesses produced against him, and to have compulsory process by subpoena to compel the attendance of witnesses to testify and to produce books and documents in such hearing when issued by (a) the president of the board of education, if the hearing is to be held before such board, or (b) the commissioner, if the hearing is to be held before him or on his behalf, or (c) the president and secretary of the State board, if the hearing is to be held before such board or before one of its committees, or (d) the chairman of the board of trustees of the State [or county ] college or industrial school, if the hearing is to be held before such board, or (e) the arbitrator, if the hearing is to be held before such person.

The subpoena shall be served in the same manner as subpoenas issued out of the Superior Court are served.

(cf: P.L.1994, c.48, s.50)

5. (New section) No professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other person employed in a teaching capacity in a county college who is under tenure during good behavior and efficiency shall be dismissed or subject to reduction of salary, except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause. Written charge of the cause or causes preferred against an individual shall be signed by the person or persons making the same and filed with the board of trustees of the college. Upon determination that the matter is a contested case, the board shall assign the matter for a hearing and final determination to an arbitrator pursuant to the provisions of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). The person charged may be represented by counsel at all times and have compulsory process to compel the attendance of witnesses to testify therein, as provided by law.

6. (New section) a. The New Jersey Public Employment Relations Commission shall establish a panel of six arbitrators to hear matters pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). Arbitrators on the panel shall be listed in alphabetical order and assigned to hear cases on a rotating basis in the order that cases are filed by the county college board of trustees with the commission. The commission shall provide the names of the six selected arbitrators on the panel to the parties in the matter.

b. The following provisions shall apply to a hearing conducted by an arbitrator pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(1) the hearing shall be held by the arbitrator within 120 days of the arbitrator's assignment to the case;

(2) the provisions of section 1 of P.L.1983, c.347 (C.18A:6-18.1), N.J.S.18A:6-19, N.J.S.18A:6-20, N.J.S.18A:6-21, N.J.S.18A:6-22 and N.J.S.18A:6-23 shall apply to all such hearings; (3) the parties shall be provided discovery, using procedures established by rules of the commission. Discovery shall be completed 15 days prior to the hearing;

(4) at least 10 days prior to the hearing, the parties shall exchange lists of witnesses and documents that may be used at the arbitration;

(5) the arbitrator shall render a decision within 45 days of the close of the hearing; and

(6) the decision of the arbitrator shall be deemed final and binding, and shall not be appealable to any administrative agency or to the board of trustees of the county college. The decision of the arbitrator shall be subject to judicial review, enforcement, or vacation only pursuant to the provisions of N.J.S.2A:24-7 through N.J.S.2A:24-10.

c. The New Jersey Public Employment Relations Commission shall establish rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.

7. This act shall take effect on the 180th day after the date of enactment.

STATEMENT

This bill will require binding arbitration for certain matters pertaining to persons who are tenured and employed in a teaching capacity at a county college. In the case of dismissal or a reduction in salary of such a person, the board of trustees of the county college will determine whether or not there is a contested case. If a determination is made that there is a contested case, the board of trustees will assign the matter for a hearing and final determination to an arbitrator.

Under the provisions of the bill the New Jersey Public Employment Relations Commission will establish a panel of six arbitrators to hear these matters. A hearing will be held within 120 days of the arbitrator's assignment to the case and the arbitrator will render a decision within 45 days of the close of the hearing. The decision of the arbitrator will be deemed final and binding, and will not be appealable to any administrative agency or to the board of trustees of the county college. The bill sets forth a limited number of instances in which the decision of the arbitrator will be subject to judicial review, enforcement, or vacation.