STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Requires suspension of local elected and appointed officers and employees indicted for certain offenses that, upon conviction, require forfeiture of office or position.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning suspension of local elected and appointed officers and employees when indicted for certain crimes or offenses requiring forfeiture upon conviction, and supplementing chapter 9 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any local elected or appointed officer or employee indicted for a crime or offense that would result, upon conviction, in forfeiture of office, position, or employment pursuant to N.J.S.2C:51-2, shall be suspended from that office, position, or employment, without pay, upon issuance of an order of suspension by the Commissioner of Community Affairs in consultation with the Attorney General, until either convicted or exonerated of the charges in the indictment or upon dismissal of the indictment. The suspension shall be considered a period of temporary absence for the purposes of the appointment of an acting official pursuant to N.J.S.40A:9-9, N.J.S.40A:9-157, or any other applicable law. If the local elected or appointed officer or employee is convicted of a crime or offense that results in forfeiture of office, position, or employment pursuant to N.J.S.2C:51-2, or upon dismissal of the indictment, then calculation of loss of pension credit and benefits shall be computed using the date of issuance of the order of suspension under this section. If a local elected or appointed officer or employee who has been suspended from office, position, or employment pursuant to this section is exonerated of the charges in the indictment that would have, if convicted, resulted in forfeiture of office, position, or employment pursuant to N.J.S.2C:51-2, then the officer or employee shall be entitled to a recovery of salary, pension credit, and benefits from the date of the order of suspension, provided a written application therefore shall be filed with the municipal or county clerk, as appropriate.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Commissioner of Community Affairs, in consultation with the Attorney General, to issue an order, suspending without pay, any local elected or appointed officer or employee who is indicted for a crime or offense that would result, upon conviction, in forfeiture of office, position, or employment pursuant to N.J.S.2C:51-2. These crimes and offenses generally concern acts of dishonesty, offenses involving or touching the person's office, position or employment, and crimes of the third degree or above.
The suspension would continue until the officer or employee is either convicted or exonerated of the charges in the indictment. For the purposes of the appointment of an acting official to replace the suspended official, the suspension shall be considered a period of temporary absence. If the local elected officer or employee is ultimately convicted resulting in a forfeiture of office, position, or employment, any loss of pension credit and benefits would date back to the time of suspension. If exonerated or if the indictment is dismissed, the officer or employee would be entitled to collect back-pay, if any, from the date of the order of suspension.