Bill Text: NJ S1063 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits local officer or employee from lobbying or advocating before any body of the municipality where officer or employee serves. *
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-11 - Senate Amendment (36-0) (Beck) [S1063 Detail]
Download: New_Jersey-2010-S1063-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 12 (Mercer and Monmouth)
Senator RONALD L. RICE
District 28 (Essex)
Co-Sponsored by:
Senator Haines
SYNOPSIS
Prohibits local officer or employee from lobbying or advocating before any body of the municipality where officer or employee serves; provides penalties for violation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning local government ethics, amending P.L.1991, c.29 and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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. Whenever a local government officer or employee has any substantive benefit in any matter before any board, commission, authority, or other body of the municipality in which he is an officer or employee, that officer or employee shall be prohibited from any activity that might reasonably be construed as lobbying or advocating for that interest before the board, commission, authority, or other body of the municipality, except in instances where the officer or employee receives a notice of a hearing pursuant to subsection b. of section 7.1 of P.L.1975, c.291 (C.40:55D-12), and shall publicly state the reason for his or her withdrawal or prohibition from participation in the activity. Nothing in this subsection shall prohibit an officer or employee from expressing a personal opinion on matters in which he or his immediate family, or any business organization with which he or an immediate family member is associated, receive no substantive benefit;
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. All local government officers and employees shall be provided with a statement setting forth the requirements of this section upon their appointment, reappointment, election, or employment, and shall sign the statement to affirm their responsibility to uphold these provisions.
(cf: P.L.1991, c.29, s.5)
2. (New section) a. For the purposes of this section, "public servant" means a public official, employee, or appointee, including a local government officer or employee under section 3 of P.L.1991, c.29 (C.40A:9-22.3).
b. No public servant shall knowingly act in his official capacity to approve, or lobby for the approval of, any application, contract, purchase order, or land use plan concerning a matter in which he, a member of his immediate family, or a business organization in which he has a direct or indirect financial or personal involvement or interest.
c. Notwithstanding any law to the contrary, any public servant who violates any provision of subsection b. of this section or section 5 of P.L.1991, c.29 (C.40A:9.22.5) is guilty of a crime of the second degree pursuant to N.J.S.2C:30-2, concerning official misconduct, and shall forfeit any right to hold future public office or public employment within the State.
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.5) to provide a prohibition on local government officers or employees who have a substantive interest in a matter from appearing or lobbying before any board, commission, authority, or other body of the municipality in which he is an officer or employee. The bill specifically provides that whenever a local government officer or employee has any substantive benefit in any matter before any board, commission, authority, or other body of the municipality in which he is an officer or employee, that officer or employee shall be prohibited from any activity that might reasonably be construed as lobbying or advocating for that interest before the board, commission, authority, or other body of the municipality. The bill also requires that the officer or employee must publicly state the reason for his or her withdrawal or prohibition from participation in the activity. The bill provides an exception to this prohibition in cases where the officer or employee received a notice of public hearing pursuant to the "Municipal Land Use Law." The bill expressly permits the officer or employee to express a public opinion on a matter if the individual, their immediate family, or a business in which the individual or immediate family member is associated, receives no substantive benefit.
The bill requires that all local government officers and employees must be provided with a statement setting forth the ethics provisions of section 5 of P.L.1991, c.29 (C.40A:9-22.5) upon their appointment, reappointment, election, or employment, and shall sign the statement to affirm their responsibility to uphold these provisions.
The bill also prohibits a public servant from knowingly acting in his official capacity to approve, or lobby for the approval of, any application, contract, purchase order, or land use plan concerning a matter in which he, a member of his immediate family, or a business organization in which he has a direct or indirect financial or personal involvement or interest. "Public servant" is defined in the bill as a public official, employee, or appointee, including a local government officer or employee under section 3 of P.L.1991, c.29. A public servant who violates this prohibition, or the provisions of section 5 of P.L.1991, c.29 (C.40A:9.22.5), is guilty of a crime of the second degree pursuant to N.J.S.2C:30-2, concerning official misconduct, and shall forfeit any right to hold future public office or public employment within the State.
