Bill Text: NJ S2412 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires suspension of payments for unused sick or vacation leave payable to person indicted for criminal offense; requires forfeiture of such payment upon service deemed dishonorable or conviction for crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-15 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2412 Detail]
Download: New_Jersey-2010-S2412-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Requires suspension of payment for unused sick or vacation leave payable to person indicted for criminal offense; requires forfeiture of such payment upon service deemed dishonorable or conviction for crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning payment for unused sick leave or vacation leave for certain public employees 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 3 of P.L.2010, c.3 (C.18A:30-3.6) (as amended by Senate, No. 2220 (1R) of 2010) is amended to read as follows:
3. a. Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
An officer or employee who on the effective date of P.L. , c. (pending as Senate, No. 2220 (1R) of 2010), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused sick leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: P.L. , c. , s.1 (pending as Senate, No. 2220 (1R) of 2010))
2. Section 5 of P.L.2010, c.3 (C.18A:30-9.1) (as amended by Senate, No. 2220 (1R) of 2010) is amended to read as follows:
5. a. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.
A person who is an officer or employee on the effective date of P.L. , c. (pending as Senate, No. 2220 (1R) of 2010) and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused vacation leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as may be provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused vacation leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: P.L. , c. , s.2 (pending as Senate, No. 2220 (1R) of 2010))
3. Section 2 of P.L.2010, c.3 (C.40A:9-10.4) (as amended by Senate, No. 2220 (1R) of 2010) is amended to read as follows:
2. a. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
An officer or employee who on the effective date of P.L. , c. (pending as Senate, No. 2220 (1R) of 2010), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused sick leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: P.L. , c. , s.3 (pending as Senate, No. 2220 (1R) of 2010))
4. Section 4 of P.L.2010, c.3 (C.40A:9-10.5) (as amended by Senate, No. 2220 (1R) of 2010) is amended to read as follows:
4. a. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.
A person who is an officer or employee on the effective date of P.L. , c. (pending as Senate, No. 2220 (1R) of 2010) and who has accrued vacation leave as of that effective date shall be eligible and shall be permitted to retain and use that accrued vacation leave.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused vacation leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused vacation leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: P.L. , c. , s.4 (pending as Senate, No. 2220 (1R) of 2010))
5. Section 1 of P.L.2010, c.3 (C.11A:6-19.2) (as amended by Senate, No. 2220 (1R) of 2010) is amended to read as follows:
1. a. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
An officer or employee who on the effective date of P.L. , c. (pending as Senate, No. 2220 (1R) of 2010), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused sick leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime in this State, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: P.L. , c. , s.5 (pending as Senate, No. 2220 (1R) of 2010))
6. N.J.S.11A:6-16 is amended to read as follows:
11A:6-16. a. Supplemental compensation upon retirement in State employment. State employees in the career service, and those in the senior executive and unclassified services who have been granted sick leave under terms and conditions similar to career service employees, shall be entitled upon retirement from a State-administered retirement system to receive a lump sum payment as supplemental compensation for each full day of accumulated sick leave which is credited on the effective date of retirement.
b. (1) Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under circumstances as may be provided by law.
(2) No payment of supplemental compensation shall be made to any officer or employee for accumulated unused sick leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that may make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
(cf: N.J.S.11A:6-16)
7. (New section supplementing chapter 6 of Title 11A of the New Jersey Statutes) a. Payment of supplemental compensation to any officer or employee of the State or a political subdivision thereof for accumulated unused vacation leave shall be conditioned upon rendering of honorable service, and shall be subject to forfeiture under certain circumstances as provided by law.
b. No payment of supplemental compensation shall be made to any officer or employee for accumulated unused vacation leave on or after the date of indictment of that officer or employee for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment.
8. (New section supplementing P.L.1970, c.74; C.52:17B-97 et seq.) For the purposes of subsections b. of sections 1 through 5 of P.L.2010, c.3 (C.11A:6-19.2; 40A:9-10.4; 18A:30-3.6; 40A:9-10.5; and 18A:30-9.1), N.J.S.11A:6-16, and sections 7, 10, 11, and 12 of P.L , c. (C. )(pending before the Legislature as this bill):
a. The Director of the Division of Criminal Justice in the Department of Law and Public Safety, in writing, shall inform a State agency as defined in section 2 of P.L.1971, c.182 (C.52:13D-13), a local government agency as defined in section 3 of P.L.1991, c.29 (C.40A:9-22.3), or a school district as defined in section 3 P.L.1991, c.393 (C.18A:12-23), as appropriate, and shall inform the State Ethics Commission, Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, or the School Ethics Commission in the Department of Education, as appropriate, whenever any active or former officer or employee of the State agency, local government agency, or school district is indicted, and whenever such an officer or employee is convicted, for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49.
b. The director shall enter into such agreements as may be necessary for the director to receive prompt notification from appropriate officials whenever any active or former officer or employee of a State agency, a local government agency, or a school district is indicted, and whenever such an officer or employee is convicted, for an offense under the laws of another state or the United States which is substantially similar to a crime under the laws of this State that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that would have made the officer or employee subject upon conviction to the provisions of section 6 of P.L.2007, c.49. Upon receipt of such notification, the director, in writing, shall inform the State agency, the local government agency, or school district, as appropriate, and the State Ethics Commission, Local Finance Board, or the School Ethics Commission, as appropriate, of such indictment and conviction.
9. (New section supplementing chapter 158 of Title 2A of the New Jersey Statutes) For the purposes of subsections b. of sections 1 through 5 of P.L.2010, c.3 (C.11A:6-19.2; 40A:9-10.4; 18A:30-3.6; 40A:9-10.5; and 18A:30-9.1), N.J.S.11A:6-16 and sections 7, 10, 11, and 12 of P.L , c. (C. )(pending before the Legislature as this bill), a county prosecutor, in writing, shall inform a State agency as defined in section 2 of P.L.1971, c.182 (C.52:13D-13), a local government agency as defined in section 3 of P.L.1991, c.29 (C.40A:9-22.3), or a school district as defined in section 3 P.L.1991, c.393 (C.18A:12-23), as appropriate, and shall inform the State Ethics Commission, Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, or the School Ethics Commission in the Department of Education, as appropriate, whenever an active or former public officer or employee of the State agency, local government agency, or school district is indicted, and whenever such an officer or employee is convicted, for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject to the provisions of section 6 of P.L.2007, c.49.
10. (New section supplementing P.L.1971, c.182; C.52:13D-12 et seq.) a. The receipt of payment of supplemental compensation for accumulated unused sick leave or accumulated unused vacation leave by an officer or employee of a State agency is hereby expressly conditioned upon the rendering of honorable service by the officer or employee. The State Ethics Commission or the Joint Legislative Committee on Ethical Standards, as appropriate, is authorized to order the forfeiture of all or part of such supplemental compensation for misconduct occurring during the public service of the officer or employee which renders the service or part thereof dishonorable.
In evaluating misconduct by an officer or employee to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of payable supplemental compensation is appropriate, the commission or committee shall consider and balance the following factors in view of the goals to be achieved by providing such benefits to officers and employees of State agencies:
(1) the length of service by the officer or employee;
(2) the basis for the disciplinary action or removal from the office or employment;
(3) the extent to which the benefit has vested;
(4) the duties of the particular officer or employee;
(5) the history and record of public service of the officer or employee;
(6) any other public service of the officer or employee;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated;
(8) the relationship between the misconduct and the public duties of the officer or employee;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the motives and reasons, personal gain and similar considerations;
(10) the availability and adequacy of other penal sanctions; and
(11) other personal circumstances relating to the officer or employee which bear upon the justness of forfeiture.
Whenever the commission or committee determines that a partial forfeiture is warranted, it shall order that the supplemental compensation be calculated as if the accrual of unused sick leave or vacation leave terminated as of the date the misconduct first occurred or, if termination as of that date would in light of the nature and extent of the misconduct result in an excessive forfeiture, a date reasonably calculated to impose a forfeiture that reflects the nature and extent of the misconduct and the years of honorable service.
The appropriate State agency shall be notified of the forfeiture order.
b. Whenever a State agency as an employer takes formal disciplinary action against an officer or employee, it shall inform, in writing, the State Ethics Commission or the Joint Legislative Committee on Ethical Standards, as appropriate, of its action so that the commission or committee may consider the conduct of the officer or employee pursuant to the provisions of subsection a. of this section.
11. (New section supplementing P.L.1991, c.393; C.18A:12-21 et seq.) a. The receipt of payment of supplemental compensation for accumulated unused sick leave or accumulated unused vacation leave by an officer or employee of a school district is hereby expressly conditioned upon the rendering of honorable service by the officer or employee. The School Ethics Commission is authorized to order the forfeiture of all or part of such supplemental compensation for misconduct occurring during the public service of the officer or employee which renders the service or part thereof dishonorable. For the purpose of this section, the jurisdiction of the commission shall include all officers and employees of a school district, the commission shall have jurisdiction over a former officer or employee who has terminated service in the office or employment, and the commission may initiate complaint proceedings.
In evaluating misconduct by an officer or employee to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of payable supplemental compensation is appropriate, the commission shall consider and balance the following factors in view of the goals to be achieved by providing such benefits to officers and employees of school districts:
(1) the length of service by the officer or employee;
(2) the basis for the disciplinary action or removal from the office or employment;
(3) the extent to which the benefit has vested;
(4) the duties of the particular officer or employee;
(5) the history and record of public service of the officer or employee;
(6) any other public service of the officer or employee;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated;
(8) the relationship between the misconduct and the public duties of the officer or employee;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the motives and reasons, personal gain and similar considerations;
(10) the availability and adequacy of other penal sanctions; and
(11) other personal circumstances relating to the officer or employee which bear upon the justness of forfeiture.
Whenever the commission determines that a partial forfeiture is warranted, it shall order that the supplemental compensation be calculated as if the accrual of unused sick leave or vacation leave terminated as of the date the misconduct first occurred or, if termination as of that date would in light of the nature and extent of the misconduct result in an excessive forfeiture, a date reasonably calculated to impose a forfeiture that reflects the nature and extent of the misconduct and the years of honorable service.
The appropriate school district shall be notified of the forfeiture order.
b. Whenever the school district as an employer takes formal disciplinary action against an officer or employee, it shall inform, in writing, the School Ethics Commission of its action so that the commission may consider the conduct of the officer or employee pursuant to the provisions of subsection a. of this section.
12. (New section supplementing P.L.1991, c.29; C.40A:9-22.1 et seq.) a. The receipt of payment of supplemental compensation for accumulated unused sick leave or accumulated unused vacation leave by a local government officer or employee is hereby expressly conditioned upon the rendering of honorable service by the officer or employee. The Local Finance Board in the Division of Local Government Services in the Department of Community Affairs is authorized to order the forfeiture of all or part of such supplemental compensation for misconduct occurring during the public service of the officer or employee which renders the service or part thereof dishonorable. The board shall have jurisdiction for the purpose of this section notwithstanding that a county or municipality that employs the officer or employee has established a county or municipal ethics board. The board shall have jurisdiction over a former officer and employee who has terminated service in the office or employment.
In evaluating misconduct by an officer or employee to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of payable supplemental compensation is appropriate, the board shall consider and balance the following factors in view of the goals to be achieved by providing such benefits to local government officers and employees:
(1) the length of service by the officer or employee;
(2) the basis for the disciplinary action or removal from office or employment;
(3) the extent to which the benefit has vested;
(4) the duties of the particular officer or employee;
(5) the history and record of public service of the officer or employee;
(6) any other public service of the officer of employee;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated;
(8) the relationship between the misconduct and the public duties of the officer or employee;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the motives and reasons, personal gain and similar considerations;
(10) the availability and adequacy of other penal sanctions; and
(11) other personal circumstances relating to the officer or employee which bear upon the justness of forfeiture.
Whenever the board determines that a partial forfeiture is warranted, it shall order that the supplemental compensation be calculated as if the accrual of unused sick leave or vacation terminated as of the date the misconduct first occurred or, if termination as of that date would in light of the nature and extent of the misconduct result in an excessive forfeiture, a date reasonably calculated to impose a forfeiture that reflects the nature and extent of the misconduct and the years of honorable service.
The appropriate local government agency shall be notified of the forfeiture order.
b. Whenever a local government agency as an employer takes formal disciplinary action against an officer or employee, it shall inform, in writing, the Local Finance Board of its action so that the board may consider the conduct of the officer or employee pursuant to the provisions of subsection a. of this section.
13. (New section supplementing chapter 64 of Title 2C of the New Jersey Statutes) a. A person who holds or has held any public office or employment under the government of this State or a political subdivision of this State, 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 supplemental compensation for accumulated unused sick leave or accumulated unused vacation leave payable to the person at the time of the commission or thereafter which covered the office, position or employment involved in the offense. 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 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 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 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.
The appropriate State agency, local government agency, or school district shall be notified of the forfeiture order.
d. 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, the rights and benefits shall be restored from the date of forfeiture.
e. Nothing in this section shall be deemed to preclude the authority of the State Ethics Commission, Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, or School Ethics Commission in the Department of Education from ordering the forfeiture of all or part of the supplemental compensation of any person for misconduct occurring during the person's public service pursuant to the provisions of sections 10, 11, and 12 of P.L. , c. (C. )(pending before the Legislature as this bill), including in a case where the court does not enter an order of forfeiture pursuant to this section.
14. The provisions of this bill shall not be deemed to impair the obligations set forth in any collective bargaining agreement or in any individual contract of employment in effect on the effective date of P.L. , c. (pending before the Legislature as this bill).
15. This act shall take effect immediately.
STATEMENT
This bill provides for the suspension of payments for accumulated unused sick and vacation for any public officer or employee who is indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) and that will make the officer or employee subject upon conviction to the mandatory minimum term of imprisonment provisions of section 6 of P.L.2007, c.49, or for 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, until the conclusion of all criminal proceedings with regard to that indictment. If such a public officer or employee is convicted, the bill provides for the forfeiture of all such payments by order of the court.
Section 6 of P.L.2007, c.49 (C.2C:43-6.5) defines "a crime that involves or touches such office or employment" to mean that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person. The mandatory minimum term of imprisonment provisions of section 6 of P.L.2007, c.49 apply 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.
The bill also requires the Director of the Division of Criminal Justice in the Department of Law and Public Safety and a county prosecutor to notify a State agency, a local government agency, or a school district, as appropriate, whenever a public officer or employee is indicted or convicted for such a crime. The director will be responsible for such notification when the person is indicted or convicted by federal authorities.
Finally, the bill makes the receipt of payment of supplemental compensation for accumulated unused sick leave or accumulated unused vacation leave by a local government officer or employee expressly conditioned upon the rendering of honorable service by the officer or employee. The State Ethics Commission, Joint Legislative Committee on Ethical Standards, Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, and School Ethics Commission in the Department of Education will have jurisdiction over all officers and employees of any State agency, local government agency, or school district, as appropriate, to order the forfeiture of all or part of such supplemental compensation for misconduct occurring during the public service of the officer or employee which renders the service or part thereof dishonorable.
In evaluating misconduct by an officer or employee to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of payable supplemental compensation is appropriate, the commission, committee, or board must consider and balance the following factors in view of the goals to be achieved by providing such benefits to officers and employees:
(1) the length of service by the officer or employee;
(2) the basis for the disciplinary action or removal from office or employment;
(3) the extent to which the benefit has vested;
(4) the duties of the particular officer or employee;
(5) the history and record of public service of the officer or employee;
(6) any other public service of the officer of employee;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated;
(8) the relationship between the misconduct and the public duties of the officer or employee;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the motives and reasons, personal gain and similar considerations;
(10) the availability and adequacy of other penal sanctions; and
(11) other personal circumstances relating to the officer or employee which bear upon the justness of forfeiture.
If a partial forfeiture is warranted, the commission, committee, or board will order that the supplemental compensation be calculated as if the accrual of unused sick leave or vacation terminated as of the date the misconduct first occurred or, if termination as of that date would in light of the nature and extent of the misconduct result in an excessive forfeiture, a date reasonably calculated to impose a forfeiture that reflects the nature and extent of the misconduct and the years of honorable service.
Whenever a State agency, local government agency, or school district as an employer takes formal disciplinary action against an officer or employee, it shall inform, in writing, the commission, committee, or board of its action so that the commission, committee, or board may consider the conduct of the officer or employee to determine if a forfeiture is warranted.
