CLIENT ALERT

JANUARY 25, 2018

NEW REQUIREMENT TO CERTIFY COMPLIANCE WITH EEOC HIRING PRACTICES GUIDANCE

On August 7, 2017, the Local Budget Law was amended to require municipalities to certify compliance with certain Federal civil rights requirements when submitting their approved budgets to the Division of Local Government Services (the “Division”). N.J.S.A. 40A:4-5 now states that when a municipality transmits its budget to the Division, it must also submit “the governing body’s certification that the local unit’s hiring practices comply with the ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ ”. The Division provides a model “Certification of Compliance with EEOC Hiring Practices Guidance,” which includes a group affidavit that each member of the Council must sign and a model Resolution.

Pursuant to Local Finance Notice 2017-27, the executed group affidavit and adopted Resolution do not have to be submitted to the Division. Rather, these documents must be kept on file with the municipality.

Our firm is available to provide additional guidance and support preparing the required group affidavit for the Council and model Resolution. Please feel free to contact our office if you have any questions or concerns regarding compliance with the new requirements of N.J.S.A. 40A:4-5.