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State of New Jersey
Executive Order #21

Governor Christine Todd Whitman

This Executive Order was modified by EO #33 Whitman.

WHEREAS, promoting harmonious relations between the State and its employees while insuring the efficient and continuous delivery of public services is a goal of this Administration; and

WHEREAS, collective negotiations between the State and its employees concerning the terms and conditions of employment can be improved by implementing a coordinated and integrated approach to human resource management; and

WHEREAS, Executive Order No. 3, issued on April 2, 1970, created the Governor's Employee Relations Policy Council to review and evaluate the policy of the State with respect to employee relations and recommend alternatives to facilitate cooperation between the State and its employees; and

WHEREAS, Executive Order No. 4, issued on April 2, 1970, created the Office of Employee Relations in, but not of, the Department of Treasury to assist the Governor's Employee Relations Policy Council and conduct collective negotiations with employee organizations; and

WHEREAS, it is necessary to rescind Executive Orders No. 3 and No. 4 in order to reorganize these functions to maximize efficiency, service and cost-effectiveness;

NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and statutes of the State of New Jersey, do hereby ORDER and DIRECT:

1. Executive Order No. 3 (1970) is rescinded.

2. (a) There is hereby reconstituted the Governor's Employee Relations Policy Council.

(b) The Council shall consist of the Commissioner of the Department of Personnel as chairperson, the Commissioner of the Department of Labor, the Attorney General, the Chief Counsel to the Governor and the State Treasurer, or their designees. The members of the Council shall serve ex officio.

(c) The Council shall advise the Governor on employee relations policy, negotiation issues and strategies, contract acceptance, and related matters involving State employees. The Council shall serve, through counsel, as the Governor's agent in conducting collective negotiations with employee organizations.

(d) The Council shall meet at the request of the Governor or Chairperson. The Council shall render such reports to the Governor as the Council determines necessary or as the Governor directs.

3. The Council is authorized to hire such outside consultants as deemed necessary to fulfill its mandate pursuant to this Order.

4. (a) The Council is authorized to call upon any department, office, division or agency of the State to supply such statistical data, program reports, and other information or personnel and materials as it deems necessary to discharge its responsibilities under this Order.

(b) Each department, office, division or agency of the State is authorized and directed, to the extent not inconsistent with law, to cooperate with the Council and to furnish it such information and assistance as it may find necessary in the discharge of its responsibilities under this Order.

5. Pursuant to N.J.S.A. 52:17A-4 and 11, attorneys assigned by the Attorney General shall appear as the Council's representative before the New Jersey Public Employment Relations Commission and any other board, commission, court or agency in matters involving employee relations.

6. Executive Order No. 4 (1970) is rescinded.

7. There is hereby reconstituted the Office of Employee Relations within the Department of Personnel which shall be headed by an Assistant Commissioner for Employee Relations. The Assistant Commissioner for Employee Relations shall be appointed by the Commissioner of Personnel and shall serve at the pleasure of the Commissioner. The Assistant Commissioner for Employee Relations shall oversee the operations of the Office of Employee Relations.

8. The responsibilities of the Office of Employee Relations shall include, but not be limited to:

(a) administration and policy interpretation of labor agreements;

(b) coordinating data collection, information dissemination, reporting, liaison and training activities with other departments;

(c) providing support staff to the Governor's Employee Relations Policy Council; and

(d) offering recommendations to the Governor's Employee Relations Policy Council concerning employee relations and related matters involving State employees, and rendering such reports to the Council as the Council may direct or the Assistant Commissioner for Employee Relations determines.

9. In addition thereto, the Commissioner of Personnel may transfer any and all functions currently performed within the Department of Personnel to the Office of Employee Relations as the Commissioner deems appropriate.

10. (a) All appropriations, personnel, records and property associated with the Office of Employee Relations shall be reallocated within the Department of Personnel in such a manner as the Commissioner of Personnel deems appropriate in order to maximize efficiency, service and cost-effectiveness.

(b) The treatment of current personnel in the Office of Employee Relations shall be consistent with the standards set forth in P.L. 1971, c. 375 (C.52:14D-1 et seq.), the "State Agency Transfer Act."

(c) Except as herein otherwise provided and in accordance with Title 11A, Civil Service, of the New Jersey Statutes, allocation of the Office of Employee Relations to the Department of Personnel shall not alter or change the term, tenure of office, rights, obligations, duties or responsibilities otherwise provided for the Office.

11. (a) The Office of Employee Relations is authorized to call upon any department, office, division or agency of the State to supply such statistical data, program reports, and other information or personnel and materials as it deems necessary to discharge its responsibilities under this Order.

(b) Each department, office, division or agency of the State is authorized and directed, to the extent not inconsistent with law, to cooperate with the Office and to furnish it such information and assistance as it may find necessary in the discharge of its responsibilities under this Order.

12. This Order shall take effect immediately.

GIVEN, under my hand and seal
this 14th day of July in the Year of
Our Lord, One Thousand Nine
Hundred and Ninety Four, and of the
Independence of the United States,
the Two Hundred and Eighteenth.

/s/ Christine Todd Whitman
GOVERNOR

Attest:

/s/ Janice Mitchell Mintz
Senior Associate Counsel to the Governor

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