40:41A-87 - Appointments and dismissal; suspension procedure - New Jersey Statutes

40:41A-87.  Appointments and dismissal;  suspension procedure
    a.  No member of any board of chosen freeholders in a county operating under  a charter adopted pursuant to this act shall individually or collectively seek  to influence the head of the executive branch to dismiss any person from, or to  appoint or to promote any person to, any position in the executive branch of  county government, except that the board may, by a resolution of disapproval,  adopted by a two-thirds vote of the whole number of the board, prevent the  dismissal of certain employees under conditions as set forth in subsection b.  of this section.

    b.  Suspensions will take effect immediately upon personal service of notice  setting forth the order of suspension or dismissal.  Dismissal or suspension  for a definite term shall occur automatically in 30 calendar days from receipt  of notice.  But, if the officer or employee requests a public hearing on his  dismissal or suspension for a definite term, no action beyond temporary  suspension may be taken until the individual to be suspended or dismissed is  given a public hearing not less than 15 nor more than 30 days after personal  service of written notice of contemplated action.  A copy of such notice shall  be filed with the clerk to the board of freeholders immediately upon service of  notice to the individual to be suspended or dismissed.  In the event that  within 35 days of receiving such notice, the board shall pass by a two-thirds  vote of the whole number of the board, a resolution of disapproval, all  proceedings and any suspension or dismissal of the individual shall be voided.   In terms of recompense to the individual, a vote of disapproval shall be  deemed to negative the suspension or dismissal order and for purposes of pay  and civil service standing the action shall be deemed never to have  transpired.

    If, however, the suspension or dismissal order shall allege that the individual against whom action is contemplated or pending has committed a criminal act in the conduct of his public trust, no resolution of the board shall stay proceedings and the matter shall be brought to a public hearing in the manner prescribed above.  If at that hearing probable cause for prosecution  is found, all evidence shall immediately be forwarded to the county prosecutor  for further action.

    If any suspension or dismissal order is resolved upon hearing in favor of the officer or employee, he shall be restored to his original position without record of the action, or prejudice therefrom, and shall receive full compensation retroactive to the date of his suspension.

     L.1972, c. 154, s. 87, eff. Sept. 19, 1972.  Amended by L.1975, c. 84, s. 38,  eff. May 5, 1975.