Bill Text: NJ A186 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits dual government employment and office holding; requires pension forfeiture by convicted elected officials; bans use of campaign funds for criminal defense costs; revises legislative conflict of interest standards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A186 Detail]
Download: New_Jersey-2018-A186-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Prohibits dual government employment and office holding; requires pension forfeiture by convicted elected officials; bans use of campaign funds for criminal defense costs; revises legislative conflict of interest standards.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning various public sector ethics reform measures and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of L.1972, c.151 (C.18A:6-8.4) is amended to read as follows:
1. a. No person employed by a public educational system or institution in a position which requires a certificate issued by the State Board of Examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the State or on behalf of the State shall be disqualified by reason of such employment from holding any elective or appointive State, county or municipal office excepting as member of the board or body by which he is employed.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, rule, or regulation to the contrary, a person employed by a public educational system or institution in a position which requires a certificate issued by the State Board of Examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with or on behalf of the State, shall not be granted or receive a salary, wages, or other compensation for more than one of the positions permitted to be held by that person with a public educational system or institution, or a school, college, or university which is either tax-supported or operated under contract with or on behalf of the State, or in connection with any salaried appointive office or position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
(cf: P.L.1972, c.151, s.1)
2. Section 1 of P.L.1971, c.200 (C.40A:9-10) is amended to read as follows:
1. a. Except as otherwise provided by law, the board of chosen freeholders of the county or the governing body of the municipality shall fix the amount of salary, wages or other compensation to be paid to county and municipal officers and employees unless they are to serve without compensation.
b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a county or municipal officer or employee shall not be granted or receive a salary, wage, or other compensation for more than one salaried appointive office or position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof. Nothing contained in this subsection shall be deemed to preclude the holding of multiple part-time positions by the same county or municipal officer or employee, provided that the officer or employee shall not receive a salary, wage, or other compensation from more than one public employer.
(P.L.1971, c.200, s.1)
3. Section 1 of P.L.2003, c.307 (C.52:11-5.1) is amended to read as follows:
1. a. No member of the Legislature shall gainfully employ his or her relative in any position in the legislative office that the member maintains in his or her legislative district.
If members of the Legislature jointly maintain a legislative district office, no relative of the members who maintain that joint office shall be gainfully employed in any position in that office.
As used in this section, "relative" means the member's spouse or the member's or spouse's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, whether the individual is related to the member or the member's spouse by blood, marriage or adoption.
b. No member of the Legislature shall gainfully employ in any position in the legislative office that the member maintains in his or her legislative district any person who is granted or receiving a salary, wage, or other compensation for more than one salaried appointive office or position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
(cf: P.L.2003, c.307, s.1)
4. Section 16 of P.L.1979, c.8 (C.52:11-69) is amended to read as follows:
16. a. The commission is authorized to designate those offices and positions in Office of Legislative Services which for the purposes of the Unemployment Compensation law are major nontenured policy making or advisory positions.
b. Officers and employees of the office shall be chosen subject to the approval of the commission without reference to political affiliation, solely on grounds of fitness to perform the duties of their office or employment and their employment and civil service status shall be governed by subsection d. of R.S. 11:4-4, except that:
(1) Any person holding office, position or employment in any department, board, commission or agency in the Executive Branch of the State Government, which is in the classified service of the civil service, who shall be appointed to any office, position or employment under the Legislative Services Commission shall, after the adoption of a resolution by the Legislative Services Commission to that effect, hold the office, position or employment to which he is so appointed with the same civil service rights, privileges and protections as he had and enjoyed in said office, position or employment in the Executive Branch of the State Government, notwithstanding that the office, position or employment to which he is so appointed shall itself be in the unclassified service of the civil service; [and]
(2) Employees performing stenographic or clerical duties may be appointed from the classified service of the civil service of the State in any case in which in the judgment of the commission more competent persons can be so employed and when so appointed such employees shall have civil service status as members of the classified service of the civil service, but no law or rule regulating assignment to duties, hours of work or payment for overtime shall be binding upon the agency as to persons employed by it whether or not they are employed from the classified service of the civil service; and
(3) Any person appointed to any office, position, or employment under the Legislative Services Commission shall not be granted or receive a salary, wage, or other compensation for more than one salaried appointive office or position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
(cf: P.L.1979, c.8, s.16)
5. (New section) a. A person elected to any public office in this State shall not hold simultaneously any salaried appointive office, position, or employment in State, county, or municipal government, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
b. Notwithstanding the provisions of subsection a. of this section, or any other law, rule, or regulation to the contrary, a person who, on the effective date of P.L. , c. (pending before the Legislature as this bill), holds simultaneously an elective public office and a salaried appointive office, position, or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, may continue to hold the elective and appointive public offices, positions, or employment until the expiration date of the term of the elective office that occurs next following the effective date. From that date thereafter, the person shall hold only one elective or salaried appointive office, position, or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
6. (New section) Notwithstanding any law, rule, or regulation to the contrary, an officer or employee of the State or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, shall not be granted or receive a salary, wage, or other compensation for more than one salaried appointive office, position, or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof.
7. R.S.19:3-5 is amended to read as follows:
19:3-5. No person shall hold at the same time more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff.
No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State[, except that any]. Any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of [P.L.2007, c.161 may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L.2007, c.161] P.L. , c. (pending before the Legislature as this bill) may continue to hold such offices until the expiration date of the term of office that occurs next following the effective date, from which date thereafter the person shall hold only one elective public office.
No person shall be elected an elector of President and Vice-President of the United States unless he shall possess the qualifications of a legal voter of the State, shall be of the age of 25 years or upwards and shall have been a citizen of the United States seven years next preceding such election.
No person shall be elected a member of the House of Representatives, or an elector of President and Vice-President who shall hold any office of trust or profit under the United States.
(cf: P.L.2007, c.161, s.1)
8. Section 3 of P.L.2007, c.161 (C.19:3-5.2) is amended to read as follows:
3. a. For elective public office other than as provided in R.S.19:3-5 or N.J.S.40A:9-4, a person elected to public office in this State shall not hold simultaneously any other elective public office.
b. Notwithstanding the provision of subsection a. of this section, a person who holds simultaneously more than one elective public office on the effective date of [P.L.2007, c.161 may continue to hold the elective public offices simultaneously if service in those elective public offices is continuous following the effective date of P.L.2007, c.161] P.L. , c. (pending before the Legislature as this bill) may continue to hold such offices until the expiration date of the term of office that occurs next following the effective date, from which date thereafter the person shall hold only one elective public office.
(cf: P.L.2007, c.161, s.3)
9. N.J.S.40A:9-4 is amended to read as follows:
40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be [lawful] unlawful for a member of the Legislature of the State, and for a person holding elective county office or elective municipal office, to hold simultaneously any salaried appointive office or any position or employment in State, county or municipal government or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof. A person who, on the effective date of P.L. , c. (pending before the Legislature as this bill), holds simultaneously an elective office and a salaried appointive office or any position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, may continue to hold such offices, positions, or employment, until the expiration date of the term of the elective office that occurs next following the effective date, from which date thereafter the person shall hold only one elective office or salaried appointive office, position, or employment.
(3) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which the incumbent believes he or she has a conflict of duty or of interest, nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.
(4) a. (Deleted by amendment, P.L.2007, c.161).
b. (Deleted by amendment, P.L.2007, c.161).
c. For the purposes of this section the term "elective office" shall mean an office to which an incumbent is elected by the vote of the general electorate.
(5) Notwithstanding the provision of [paragraph (1) of this section] any law, rule, or regulation to the contrary, a person who, on the effective date of [P.L.2007, c.161] P.L. , c. (pending before the Legislature as this bill), holds simultaneously an elective county office and an elective municipal office , or an elective county or municipal office and any salaried position or employment with the State, or a county or municipality, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, may continue to hold [the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161] such offices, positions or employment, until the expiration date of the term of the elective office that occurs next following the effective date, from which date thereafter the person shall hold only one elective or salaried appointive public office, position, or employment.
(6) It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member.
(cf: P.L.2009, c.206, s.1)
10. N.J.S.2C:51-2 is amended to read as follows:
2C:51-2. Forfeiture of Public Office, Position, or Employment.
a. A person holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, who is convicted of an offense shall forfeit such office, position or employment if:
(1) He is convicted under the laws of this State of an offense involving dishonesty or of a crime of the third degree or above or under the laws of another state or of the United States of an offense or a crime which, if committed in this State, would be such an offense or crime;
(2) He is convicted of an offense involving or touching such office, position or employment; or
(3) The Constitution so provides.
As used in this subsection, "involving or touching such office, position or employment" means that the offense was related directly to the person's performance in, or circumstances flowing from, the specific public office, position or employment held by the person.
b. A court of this State shall enter an order of forfeiture pursuant to subsection a.:
(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State unless the court, for good cause shown, orders a stay of such forfeiture pending a hearing on the merits at the time of sentencing; or
(2) Upon application of the county prosecutor or the Attorney General, when the forfeiture is based upon a conviction of an offense under the laws of another state or of the United States. An order of forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense.
c. No court shall grant a stay of an order of forfeiture pending appeal of a conviction or forfeiture order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of forfeiture be overturned, he shall be restored, if feasible, to his office, position or employment with all the rights, emoluments and salary thereof from the date of forfeiture.
Any official action taken by the convicted person on or after the date as of which a forfeiture of the person's office shall take effect shall, during a period of 60 days following the date on which an order of forfeiture shall have been issued hereunder, be voidable by the person's successor in office or, if the office of the person was that of member of the governing body of a county, municipality or independent authority, by that governing body.
d. In addition to the punishment prescribed for the offense, and the forfeiture set forth in subsection a. of N.J.S.2C:51-2, any person convicted of an offense involving or touching on his public office, position or employment shall be forever disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions. As used in this subsection, "involving or touching on his public office, position or employment" means that the offense was related directly to the person's performance in, or circumstances flowing from, the specific public office, position or employment held by the person.
e. Any forfeiture or disqualification under subsection a., b. or d. which is based upon a conviction of a disorderly persons or petty disorderly persons offense may be waived by the court upon application of the county prosecutor or the Attorney General and for good cause shown.
f. Except as may otherwise be ordered by the Attorney General as the public need may require, any person convicted of an offense under section 97 of P.L.1999, c.440 (C.2C:21-34), N.J.S.2C:27-2, N.J.S.2C:27-3, N.J.S.2C:27-5, section 100 of P.L.1999, c.440 (C.2C:27-9), section 5 of P.L.2003, c.255 (C.2C:27-10), section 6 of P.L.2003, c.255 (C.2C:27-11), N.J.S.2C:29-4, N.J.S.2C:30-2, or N.J.S.2C:30-3 of this Title shall be ineligible, either directly or indirectly, to submit a bid, enter into any contract, or to conduct any business with any board, agency, authority, department, commission, public corporation, or other body of this State, of this or one or more other states, or of one or more political subdivisions of this State for a period of, but not more than, 10 years from the date of conviction for a crime of the second degree, or five years from the date of conviction for a crime of the third degree. It is the purpose of this subsection to bar any individual convicted of any of the above enumerated offenses and any business, including any corporation, partnership, association or proprietorship in which such individual is a principal, or with respect to which such individual owns, directly or indirectly, or controls 5% or more of the stock or other equity interest of such business, from conducting business with public entities.
The State Treasurer shall keep and maintain a list of all corporations barred from conducting such business pursuant to this section.
g. In any case in which the issue of forfeiture is not raised in a court of this State at the time of a finding of guilt, entry of guilty plea or sentencing, a forfeiture of public office, position or employment required by this section may be ordered by a court of this State upon application of the county prosecutor or the Attorney General or upon application of the public officer or public entity having authority to remove the person convicted from his public office, position or employment. The fact that a court has declined to order forfeiture shall not preclude the public officer or public entity having authority to remove the person convicted from seeking to remove or suspend the person from his office, position or employment on the ground that the conduct giving rise to the conviction demonstrates that the person is unfit to hold the office, position or employment.
h. In addition to the forfeiture provided in this section, a person who holds or has held any elective public office under the government of this State, or any political subdivision thereof, who is convicted of a crime under the laws of this State, or an offense under the laws of another state or the United States which would have been a crime under the laws of this State, that involves or touches such office shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in accordance with section 2 of P.L.2007, c.49 (C.43:1-3.1).
(cf: P.L.2007, c.49, s.5)
11. Section 2 of P.L.2007, c.49 (C.43:1-3.1) is amended to read as follows:
2. a. (1) A person who holds or has held any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, who is convicted of any crime set forth in subsection b. of this section, or of a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State, which crime or offense involves or touches such office, position or employment, shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which he participated at the time of the commission of the offense and which covered the office, position or employment involved in the offense.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, person who holds or has held any elective public office under the government of this State, or any political subdivision thereof, who is convicted of any crime under the laws of this State, or an offense under the laws of another state or the United States which would have been a crime under the laws of this State, that involves or touches such office shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system.
As used in this section, a crime or offense that "involves or touches such office, position or employment" means that the crime or offense was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person.
b. [Subsection] Paragraph (1) of subsection a. of this section applies to a conviction of any of the following crimes:
(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;
(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;
(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;
(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;
(5) N.J.S.2C:21-10, commercial bribery;
(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;
(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;
(8) N.J.S.2C:27-2, bribery in official matters;
(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;
(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;
(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;
(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;
(13) N.J.S.2C:28-1, perjury;
(14) N.J.S.2C:28-5, tampering with witnesses;
(15) N.J.S.2C:28-7, tampering with public records or information;
(16) N.J.S.2C:29-4, compounding;
(17) N.J.S.2C:30-2, official misconduct;
(18) N.J.S.2C:30-3, speculating or wagering on official action or information; or
(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct.
c. A court of this State shall enter an order of pension forfeiture pursuant to this section:
(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State unless the court, for good cause shown, orders a stay of the pension forfeiture pending a hearing on the merits at the time of sentencing; or
(2) Upon application of the county prosecutor or the Attorney General, when the pension forfeiture is based upon a conviction of an offense under the laws of another state or of the United States. An order of pension forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense.
d. No court shall grant a stay of an order of pension forfeiture pending appeal of a conviction or pension forfeiture order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of pension forfeiture be overturned, his pension rights and benefits shall be restored from the date of pension forfeiture.
e. Nothing in this section shall be deemed to preclude the authority of the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State from ordering the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service pursuant to the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where the court does not enter an order of forfeiture pursuant to this section.
(cf: P.L.2007, c.49, s.2)
12. Section 17 of P.L.1993, c.65 (C.19:44A-11.2) is amended to read as follows:
17. a. All contributions received by a candidate, candidate committee, a joint candidates committee or a legislative leadership committee shall be used only for the following purposes:
(1) the payment of campaign expenses;
(2) contributions to any charitable organization described in section 170(c) of the Internal Revenue Code of 1954, as amended or modified, or nonprofit organization which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954, except any charitable organization of which the candidate or a member of the candidate's immediate family is a paid officer, director or employee or receives compensation for goods or services provided to the organization;
(3) transmittal to another candidate, candidate committee, or joint candidates committee, or to a political committee, continuing political committee, legislative leadership committee or political party committee, for the lawful use by such other candidate or committee;
(4) the payment of the overhead and administrative expenses related to the operation of the candidate committee or joint candidates committee of a candidate or a legislative leadership committee;
(5) the pro rata repayment of contributors and vendors as long as the vendors do not have a personal relationship with the candidate, the candidate committee, or the joint candidates committee of a candidate; or
(6) the payment of ordinary and necessary expenses of holding public office.
As used in this subsection, "campaign expenses" means any expense incurred or expenditure made by a candidate, candidate committee, joint candidates committee or legislative leadership committee for the purpose of paying for or leasing items or services used in connection with an election campaign, other than those items or services which may reasonably be considered to be for the personal use of the candidate, any person associated with the candidate or any of the members of a legislative leadership committee; and "member of the candidate's immediate family" means the candidate's spouse, child, parent, or sibling, and the child, parent, or sibling of the candidate's spouse.
b. No contribution received by a candidate or by the candidate committee or joint candidates committee of a candidate may be used for:
(1) the payment of the expenses arising from the furnishing, staffing or operation of an office used in connection with that person's official duties as an elected public official; or
(2) the payment of any expense arising from the candidate's defense of himself or herself for violating any provision of Title 2C of the New Jersey Statutes, or for violating any other criminal statute in another jurisdiction or of the federal government.
c. Any funds remaining in the campaign depository of a candidate's candidate committee or joint candidates committee upon the death of the candidate shall be used only for one or more of the purposes established in subsection a. of this section by the committee's organizational treasurer or deputy treasurer or whoever has control of the depository upon the death of the candidate.
d. (1) If a candidate or former candidate is convicted of a crime under the laws of this State that involves or touches the elective public office to which he or she was elected to, or of a crime under the laws of another state or the United States which would have been such a crime under the laws of this State, from the date of conviction, no contribution received by the candidate, or by the candidate committee or joint candidates committee of the candidate, shall be used for any purpose permitted under this section, except for the purposes specified in paragraphs (1) or (4) of subsection a. of this section for the payment of expenses already incurred. Such funds shall be forfeited and paid into the special fund established under paragraph (2) of this subsection.
(2) There is established within the Department of the Treasury a special fund to be known as the "Election Law Enforcement Commission Enhanced Enforcement Fund" into which shall be paid the campaign contributions received from a person convicted of a crime which are forfeited pursuant to paragraph (1) this subsection. Monies in the fund shall be appropriated to the Election Law Enforcement Commission for enhanced enforcement of the provisions of "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.) or may be donated to charitable organizations at the discretion of the Election Law Enforcement Commission.
(cf: P.L.2007, c.202, s.1)
13. Section 7 of P.L.1971, c.182 (C.52:13D-18) is amended to read as follows:
7. a. No member of the Legislature shall participate by voting or any other action, on the floor of the General Assembly or the Senate, or in committee or elsewhere, in the enactment or defeat of legislation in which [he] the member has a personal interest.
b. A member of the Legislature shall be deemed to have a personal interest in any legislation within the meaning of this section if, by reason of [his] the member's participation in the enactment or defeat of any legislation, [he has reason to believe that he] a reasonable person would believe that the member, the member's employer or client, or a member of [his] the member's immediate family, will derive a direct monetary gain or suffer a direct monetary loss. No member of the Legislature shall be deemed to have a personal interest in any legislation within the meaning of this section if, by reason of [his] the member's participation in the enactment or defeat of any legislation, no benefit or detriment could reasonably be expected to accrue to [him] the member, or a member of [his] the member's immediate family, as a member of a business, profession, occupation or group, to any greater extent than any such benefit or detriment could reasonably be expected to accrue to any other member of such business, profession, occupation or group.
(cf: P.L.2004, c.23, s.1)
14. This act shall take
effect immediately.
STATEMENT
The purpose of this bill is to institute various public sector ethics reforms. Specifically, the bill eliminates the holding of multiple elective or appointive government offices, positions, or employment; requires pension forfeiture by elected public officials convicted of a crime; prohibits the use of campaign funds for criminal defense costs; and revises the conflict of interests standards for members of the Legislature.
Sections 1 through 6 of the bill contain the general prohibitions against the holding of more than one paid appointive public office, position, or employment. Under the bill, a public office, position, or employment is any appointive position in State, county, or municipal government, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof. These sections provide that:
· a person employed by a public educational system or institution in a position which requires a certificate issued by the State Board of Examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with or on behalf of the State, must not be granted or receive a salary, wage, or other compensation for more than one of the positions that person may hold with a public educational system or institution, or a school, college, or university which is either tax-supported or operated under contract with or on behalf of the State, or in connection with any other salaried public office, position, or employment;
· a county or municipal officer or employee must not be granted or receive a salary, wage, or other compensation for more than one salaried appointive public office, position, or employment, except that the county or municipal employee may hold multiple part-time positions with the same public employer;
· a member of the Legislature must not gainfully employ in any position in the legislative office that the member maintains in his or her legislative district any person who is granted or receiving a salary, wages, or other compensation for more than one salaried public office, position, or employment;
· a person appointed to any office, position or employment under the Legislative Services Commission must not be granted or receive a salary, wages, or other compensation for more than one salaried public office, position, or employment; and
· an officer or employee of the State or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, must not be granted or receive a salary, wages, or other compensation in connection with more than one salaried public office, position, or employment.
Sections 5 and 7 through 9 of the bill contain the specific prohibitions against the holding of more than one elective public office in State, county, or municipal government, and the simultaneous holding of elected and salaried appointive public offices. Under current law, a person elected to public office in this State is prohibited from holding simultaneously any other elective public office. Persons who simultaneously held more than one elective public office on February 1, 2008 were permitted to continue to hold the elective public offices simultaneously if service in those elective public offices was continuous following that effective date. These sections remove this exception, and provide that:
· a person elected to any public office in this State must not hold simultaneously any salaried appointive public office, position, or employment, except that a person who, on the effective date of this provision, holds simultaneously such elective public office and a paid public appointive office, position, or employment, may continue to hold the elective and appointive public offices, positions, or employment until the expiration date of the term of the elective office that occurs next following the effective date of the bill, and immediately thereafter the person must hold only one public elective or appointive office, position, or employment;
· persons who were allowed to hold multiple elective pubic offices will be permitted to hold those offices until the expiration date of the term of office that occurs next following the bill's effective date and, from that date forward, the person may continue to serve in only one such office or position; and
· the prohibition against dual office holding is expanded by also prohibiting a person elected to any public office in this State from simultaneously holding a salaried appointive public office or position or employment in State, county, or municipal government, or any department, district, board, bureau, commission, agency, authority, or instrumentality thereof, and that a person who holds simultaneously an elective public office and a salaried appointive public office or position on the effective date of the bill will have until the expiration date of the term of the elective office that occurs next following the bills' effective date and, from that date forward, the person may hold only one such office or position.
Sections 10 and 11 contain the requirement that any elected public official convicted of any crime must forfeit his or her public pension benefits accrued in any State or locally-administered retirement system. Under current law, an elected official convicted of certain specific crimes listed in N.J.S.A.43:1-3.1, involving or touching upon the office, will forfeit all of the pension earned as a member of the retirement system in which the person participated at the time of the commission of the offense and which covered the elective office, or, more generally, may forfeit all or part of an earned pension benefit for misconduct occurring during public service which renders that service dishonorable by order of the board of trustees of the retirement system. These sections of the bill broaden the pension forfeiture provisions for elected public officials, and provide that:
· a person who holds or has held any elective public office under the government of this State, or any political subdivision thereof, who is convicted of any crime under the laws of this State, or an offense under the laws of another state or the United States which would have been a crime under the laws of this State, that involves or touches such office will forfeit all of the pension earned as a member of any State or locally-administered retirement system.
Section 12 prohibits the use of campaign funds for criminal defense costs. This bill clarifies that no contributions received by a candidate for elective public office, or the candidate committee or joint candidates committee of a candidate, can be used for the payment of any expense arising from his or her legal defense for violating any provision of Title 2C of the New Jersey Statutes, or for violating any other criminal statute in another jurisdiction or of the federal government. In addition, this section of the bill:
· permits the use of contributions received by a candidate for the pro rata repayment of vendors, as long as the vendors do not have a personal relationship with the candidate, the candidate committee, or the joint candidates committee of a candidate, broadening the provisions in current law that permit the pro rata repayment of contributors;
· provides that if a candidate or former candidate is convicted of a crime that involves or touches his or her office, a campaign contribution cannot be used for any of the purposes permitted by law, except for the payment of campaign expenses and related overhead and administrative expenses already incurred, and any remaining funds would be forfeited; and
· dedicates the forfeited funds to an "Election Law Enforcement Commission Enhanced Enforcement Fund" established by the bill, to be appropriated to the Election Law Enforcement Commission (ELEC) for enhanced enforcement of the provisions of "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.), or to be donated to charitable organizations at the discretion of the ELEC.
Finally, section 13 revises the conflicts of interest standards applicable to members of the Legislature. Currently, a member of the Legislature is prohibited from voting, or taking any other action, on the floor of the General Assembly or the Senate, or in committee or elsewhere, in the enactment or defeat of legislation in which the member has a personal interest. Under the law, a member is deemed to have a personal interest in any legislation if, by reason of the member's participation in the enactment or defeat of any legislation, the member has reason to believe that the member, or a member of his or her immediate family, will derive a direct monetary gain or suffer a direct monetary loss. The bill provides that a member is deemed to have a personal interest if a reasonable person would believe that to be the case, includes the member's employer or client as one of the entities that must not derive a direct monetary gain or loss by the member's vote or action, and makes the language gender-neutral.
