An Act concerning the Passaic Valley Sewerage Commissioners and amending and supplementing chapter 14 of Title 58 of the Revised Statutes.

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

1. R.S.58:14-3 is amended to read as follows:

58:14-3. The board shall consist of nine members who shall be appointed by the Governor in the following manner. Each county in the district shall be represented on the board by two members, of different political parties, both of whom shall reside in the district and in the county they represent. At least one of the two members from each county must reside in a contracting municipality as defined in R.S.58:14-34.11 or in a leasing municipality. Not more than five of the nine members of the board shall be from the same political party. The ninth member shall be an at-large member appointed by the Governor, with the advice and consent of the Senate, and shall serve during the term of office of the Governor. As used in this section, "at-large member" means a resident of the Passaic Valley Sewerage District as defined in R.S.58:14-1. [Upon the expiration of the term of office of a commissioner, his successor] Commissioners shall be appointed by the Governor, by and with the advice and consent of the Senate, for a single term of five years, except that the term of the at-large member shall be concurrent with the term of office of the Governor. No commissioner shall be eligible for reappointment. The Governor may remove any commissioner from office for cause.

Each commissioner shall [hold his] leave office [until his successor has been appointed] upon the expiration of the commissioner's term, and any vacancy in the membership of the commission because of death, resignation or removal, shall be filled for the unexpired term in the manner provided for on original appointment. In making any appointment hereunder, either for a full term or to fill a vacancy, regard shall be had to ability and fitness, and also locality, so that each section of the district may be represented as far as practicable.

(cf: P.L.1991, c.145, s.1)

2. R.S.58:14-4 is amended to read as follows:

58:14-4. Each of the commissioners shall, before entering upon the duties of his office, take and subscribe an oath that he will faithfully and impartially execute and perform the duties imposed upon him by law, and shall cause the same to be filed in the office of the Secretary of State. The commissioners shall [each receive for service under this chapter an annual salary of $10,000.00, payable in equal monthly installments, and they shall receive no other compensation than that herein provided] not receive any compensation or benefits for their service.

As used in this section, "compensation" shall mean wages, salaries, commissions, or any other form of remuneration.

(cf: P.L.1987, c.337)

3. (New section) a. The commissioners shall submit the commissioners' annual budget and capital plan for each fiscal year to each contracting municipality, as defined in R.S.58:14-34.11, prior to its adoption thereof. The budget shall be in such form and detail as to items of revenue, expenditure, and other content as shall be required by law or by rules and regulations of the Local Finance Board. Submission of the budget shall include a list of each commission employee whose compensation exceeds $75,000 and a detailed description of that employee's duties.

b. The Local Finance Board shall prescribe by rule or regulation

the procedure for the adoption of the budget and capital plan by each contracting municipality. The rules and regulations may include or be similar to any provisions of the "Local Budget Law" (N.J.S.40A:4-1 et seq.), which the Local Finance Board shall deem to be practicable or necessary, and may further include any other provisions and requirements which the Local Finance Board shall deem appropriate or necessary. The rules and regulations shall provide for approval or disapproval of a budget and capital plan within 45 days of the contracting municipality's receipt thereof.

c. The Local Finance Board shall also prescribe by rule or regulation the procedures and requirements for execution of a budget and capital plan after adoption, and for the administration of financial affairs of the commission. The rules and regulations may include, without limitation, any provisions of the "Local Budget Law" (N.J.S.40A:4-1 et seq.), and the "Local Fiscal Affairs Law" (N.J.S.40A:5-1 et seq.), which the Local Finance Board shall deem to be practicable and necessary.

4. (New section) No commissioner shall be employed by any local authority located within the Passaic Valley Sewerage District for a period of five years following the expiration of that commissioner's term pursuant to R.S.58:14-3.

As used in this section, "local authority" shall mean an "authority" as defined under the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.).

5. (New section) a. All meetings and public hearings of the commissioners shall be recorded and made available to the public within 48 hours of the meeting or public hearing.

b. The commissioners shall maintain minutes of all meetings and public hearings held by the commissioners.

c. The commissioners shall make available on the commissioners' website, the commissioners' annual budget, any audit of the commissioners, meeting agendas, and the minutes from all meetings and public hearings.

6. This act shall take effect immediately.

STATEMENT

This bill revises the law governing the Passaic Valley Sewerage Commissioners. The bill provides that a commissioner is only eligible to be appointed to a single, five-year term and may not be reappointed. The bill also provides that the commissioners shall not receive any compensation or benefits for their services. The bill defines "compensation" as wages, salaries, commissions, or any other form of remuneration.

The bill requires the commissioners to submit the commissioners' annual budget and capital plan for each fiscal year to each contracting municipality prior to its adoption thereof. Submission of the budget shall include a list of each commission employee whose compensation exceeds $75,000 and a detailed description of that employee's duties.

The bill prohibits a commissioner from being employed by any local authority located within the Passaic Valley Sewerage District for a period of five years following the expiration of that commissioner's term with the Passaic Valley Sewerage Commissioners.

The bill requires that all meetings and public hearings of the commissioners' be recorded and made available to the public within 48 hours of the meeting or public hearing and that minutes of all meetings and public hearings held by the commissioners be maintained.

Finally, the bill requires the commissioners to make available on the commissioners' website, the commissioners' annual budget, any audit of the commissioners, meeting agendas, and the minutes from all meetings and public hearings.