Bill Text: NJ S2883 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases maximum penalty under "Local Government Ethics Law."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-20 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2883 Detail]
Download: New_Jersey-2012-S2883-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Increases maximum penalty under "Local Government Ethics Law."
CURRENT VERSION OF TEXT
As introduced.
An Act increasing the maximum penalty for local government ethics violations and amending P.L.1991, c.29.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1991, c.29 (C.40A:9-22.10) is amended to read as follows:
10. a. An appointed local government officer or employee found guilty by the Local Finance Board or a county or municipal ethics board of the violation of any provision of P.L.1991, c.29 (C.40A:9-22.1 et seq.) or of any code of ethics in effect pursuant to P.L.1991, c.29 (C.40A:9-22.1 et seq.), shall be fined not less than [$100.00 nor] $100 or more than [$500.00] $10,000 , which penalty may be collected in a summary proceeding pursuant to ["The Penalty] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The board or a county or municipal ethics board shall report its findings to the office or agency having the power of removal or discipline of the appointed local government officer or employee and may recommend that further disciplinary action be taken.
b. An elected local government officer or employee found guilty by the Local Finance Board or a county or municipal ethics board of the violation of any provision of P.L.1991, c.29 (C.40A:9-22.1 et seq.) or of any code of ethics in effect pursuant to P.L.1991, c.29 (C.40A:9-22.1 et seq.), shall be fined not less than [$100.00 nor] $100 or more than [$500.00] $10,000 , which penalty may be collected in a summary proceeding pursuant to ["The Penalty] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The remedies provided herein are in addition to all other criminal and civil remedies provided under the law.
(cf: P.L.1999, c.440, s.101)
2. This act shall take effect immediately.
STATEMENT
This bill would increase the
maximum penalty for a violation of the "Local Government Ethics Law," P.L.1991,
c.29 (C.40A:9-22.1 et seq.) or a county or municipal ethics code adopted
pursuant to that act, from $500 to $10,000. The Office of the State
Comptroller recommended this increase following a recent investigation which
found that a local official had used political influence and insider knowledge
to obtain government approval of a development project in which the official
had an interest. Although that official may be subject to criminal penalties,
the maximum $500 penalty for any ethics violation would be inadequate, as it
represents a very small fraction of the substantial profit yielded to the
official from the project. The $10,000 maximum penalty provided for in this
bill would be consistent with that for ethics violations by State officers and
employees and would authorize an appropriate punishment for, and deterrent against,
such egregious abuses of the public trust by local officers and employees for
personal pecuniary interest.
