Bill Text: NJ A4740 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits municipal ordinance to create sanctuary city; Establishes State and local employee ethics violation upon noncompliance with federal immigration enforcement request.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-11-16 - Introduced, Referred to Assembly State and Local Government Committee [A4740 Detail]
Download: New_Jersey-2014-A4740-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits municipal ordinance to create sanctuary city; Establishes State and local employee ethics violation upon noncompliance with federal immigration enforcement request.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cooperation with federal immigration and customs enforcement authorities, amending P.L.1991, c.29 and P.L.1971, c.182..
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The governing body of a municipality or county shall not adopt any ordinance or resolution requiring that officials within the jurisdiction of the governing body refuse or fail to cooperate with requests for cooperation from federal immigration authorities. Any such ordinance or resolution adopted prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be void.
b. A member of a municipal or county governing body who, after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), votes to adopt a formal or informal policy of non-cooperation with federal immigration authorities, in direct contravention of subsection a. of this section, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, and in addition shall forfeit his office.
2. (New section) a. Subject to the approval of the Attorney General, the State shall defend employees or officers of municipalities in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred while cooperating with federal immigration authorities pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
b. The State of New Jersey shall indemnify and hold municipal employees or officers harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
3. Section 5 of P.L.1991, c.29 (C.40A:9-22.5) is amended to read as follows:
5. Local government officers or employees under the jurisdiction of the Local Finance Board shall comply with the
following provisions:
a. No local government officer or employee or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest;
b. No independent local authority shall, for a period of one year next subsequent to the termination of office of a member of that authority:
(1) award any contract which is not publicly bid to a former member of that authority;
(2) allow a former member of that authority to represent, appear for or negotiate on behalf of any other party before that authority; or
(3) employ for compensation, except pursuant to open competitive examination in accordance with Title 11A of the New Jersey Statutes and the rules and regulations promulgated pursuant thereto, any former member of that authority.
The restrictions contained in this subsection shall also apply to any business organization in which the former authority member holds an interest.
c. No local government officer or employee shall use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others;
d. No local government officer or employee shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;
e. No local government officer or employee shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;
f. No local government officer or employee, member of his immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, if the local government officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the local government officer in the discharge of his official duties;
g. No local government officer or employee shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated;
h. No local government officer or employee or business organization in which he has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he serves. This provision shall not be deemed to prohibit one local government employee from representing another local government employee where the local government agency is the employer and the representation is within the context of official labor union or similar representational responsibilities;
i. No local government officer shall be deemed in conflict with these provisions if, by reason of his participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group;
j. No elected local government officer shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his immediate family, whether directly or indirectly, in return therefor; and
k. Nothing shall prohibit any local government officer or employee, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests.
l. No local government officer or employee shall refuse to cooperate with any lawful requests from a federal agency regarding immigration and customs enforcement. Any ordinance inconsistent with this requirement shall be void as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1991, c.29, s.5)
4. Section 12 of P.L.1971, c.182 (C.52:13D-23) is amended to read as follows:
12. (a) (1) The head of each State agency, or the principal officer in charge of a division, board, bureau, commission or other instrumentality within a department of State Government designated by the head of such department for the purposes hereinafter set forth, shall within six months from the date of enactment, promulgate a code of ethics to govern and guide the conduct of the members of the Legislature, the State officers and employees or the special State officers and employees in the agency to which said code is applicable. Such code shall conform to the general standards hereinafter set forth in this section, but it shall be formulated with respect to the particular needs and problems of the agency to which said code is to apply and, when applicable, shall be a supplement to the uniform ethics code promulgated pursuant to paragraph (2) of this subsection. Notwithstanding any other provisions of this section, the New Jersey members to any interstate agency to which New Jersey is a party and the officers and employees of any State agency which fails to promulgate a code of ethics shall be deemed to be subject to a code of ethics the provisions of which shall be paragraphs (1) through (6) of subsection (e) of this section.
(2) Within 180 days following the effective date of this act, P.L.2005, c.382, the State Ethics Commission shall promulgate a uniform ethics code to govern and guide the conduct of State officers and employees and special State officers and employees in State agencies in the Executive Branch. Such code shall conform to the general standards hereinafter set forth in this section, shall be the primary code of ethics for State agencies once it is adopted and a code promulgated pursuant to paragraph (1) of this subsection shall be a supplement to the primary code. The head of each State agency, or the principal officer in charge of a division, board, bureau, commission or other instrumentality within a department of State Government designated by the head of such department shall revise each code of ethics promulgated prior to the uniform code to recognize the uniform code as the primary code.
(b) A code of ethics formulated pursuant to subsection (a) of this section to govern and guide the conduct of the State officers and employees or the special State officers and employees in any State agency in the Executive Branch, or any portion of such a code, shall not be effective unless it has first been approved by the State Ethics Commission. When a proposed code is submitted to the said commission it shall be accompanied by an opinion of the Attorney General as to its compliance with the provisions of this act and any other applicable provision of law. Nothing contained herein shall prevent officers of State agencies in the Executive Branch from consulting with the Attorney General or with the State Ethics Commission at any time in connection with the preparation or revision of such codes of ethics.
(c) A code of ethics formulated pursuant to this section to govern and guide the conduct of the members of the Legislature, State officers and employees or special State officers and employees in any State agency in the Legislative Branch, or any portion of such code, shall not be effective unless it has first been approved by the Legislature by concurrent resolution. When a proposed code is submitted to the Legislature for approval it shall be accompanied by an opinion of the chief counsel as to its compliance with the provisions of this act and any other applicable provisions of law. Nothing contained herein shall prevent officers of State agencies in the Legislative Branch from consulting with the Chief Legislative Counsel or the Joint Legislative Committee on Ethical Standards at any time in connection with the preparation or revision of such codes of ethics.
(d) Violations of a code of ethics promulgated pursuant to this section shall be cause for removal, suspension, demotion or other disciplinary action by the State officer or agency having the power of removal or discipline. When a person who is in the classified civil service is charged with a violation of such a code of ethics, the procedure leading to such removal or discipline shall be governed by any applicable provisions of the Civil Service Act, N.J.S. 11A:1-1 et seq., and the Rules of the Civil Service Commission. No action for removal or discipline shall be taken under this subsection except upon the referral or with the approval of the State Ethics Commission or the Joint Legislative Committee on Ethical Standards, whichever is authorized to exercise jurisdiction with respect to the complaint upon which such action for removal or discipline is to be taken.
(e) A code of ethics for officers and employees of a State agency shall conform to the following general standards:
(1) No State officer or employee or special State officer or employee should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest.
(2) No State officer or employee or special State officer or employee should engage in any particular business, profession, trade or occupation which is subject to licensing or regulation by a specific agency of State Government without promptly filing notice of such activity with the State Ethics Commission, if he is an officer or employee in the Executive Branch, or with the Joint Legislative Committee on Ethical Standards, if he is an officer or employee in the Legislative Branch.
(3) No State officer or employee or special State officer or employee should use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others.
(4) No State officer or employee or special State officer or employee should act in his official capacity in any matter wherein he has a direct or indirect personal financial interest that might reasonably be expected to impair his objectivity or independence of judgment.
(5) No State officer or employee or special State officer or employee should undertake any employment or service, whether compensated or not, which might reasonably be expected to impair his objectivity and independence of judgment in the exercise of his official duties.
(6) No State officer or employee or special State officer or employee should accept any gift, favor, service or other thing of value under circumstances from which it might be reasonably inferred that such gift, service or other thing of value was given or offered for the purpose of influencing him in the discharge of his official duties.
(7) (i) No State officer or employee or special State officer or employee should knowingly act in any way that might reasonably be expected to create an impression or suspicion among the public having knowledge of his acts that he may be engaged in conduct violative of his trust as a State officer or employee or special State officer or employee.
(ii) No State officer or employee or special State officer or employee should refuse to cooperate with any lawful request from a federal agency regarding immigration and customs enforcement.
(8) Rules of conduct adopted pursuant to these principles should recognize that under our democratic form of government public officials and employees should be drawn from all of our society, that citizens who serve in government cannot and should not be expected to be without any personal interest in the decisions and policies of government; that citizens who are government officials and employees have a right to private interests of a personal, financial and economic nature; that standards of conduct should separate those conflicts of interest which are unavoidable in a free society from those conflicts of interest which are substantial and material, or which bring government into disrepute.
(f) The code of ethics for members of the Legislature shall conform to subsection (e) hereof as nearly as may be possible.
(cf: P.L.2008, c.29, s.104)
5. This act shall take effect immediately.
STATEMENT
This bill is intended to make certain that State and local official in New Jersey cooperate with federal authorities with respect to immigration and customs enforcement requests. The bill prohibits counties and municipalities from establishing formal or informal policies of non-cooperation with federal immigration authorities.
Several jurisdictions, such as California, have established a formal prohibition on cooperation with federal authorities on immigration issues. In San Francisco, a young woman named Kate Steinle was brutally murdered by an individual who intentionally committed the crime in San Francisco because it had designated itself a sanctuary city.
Other jurisdictions, such as certain municipalities in New Jersey, have an informal practice of not cooperating with requests from the federal government regarding immigration matters. This bill is intended to prevent the State, municipalities, or any subdivision thereof, from establishing a formal or informal "sanctuary city" policy, which has led to recent violent crimes around the country.
Under this bill, a State or local official who fails to cooperate with federal authorities with respect to immigration enforcement will be committing an ethics violation. The regular process for the disposition of ethics violations at the State or local level will be applicable to these situations. The bill also creates a civil fine for any member of a municipal or county governing body which votes in favor of a sanctuary city ordinance after the effective date of the bill.
