Bill Text: NJ A131 | 2012-2013 | Regular Session | Introduced
Bill Title: Creates "Comprehensive Anti-Nepotism Act."
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A131 Detail]
Download: New_Jersey-2012-A131-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Creates "Comprehensive Anti-Nepotism Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning nepotism, supplementing P.L.1971, c.182 (C.52:13D-12 et seq.), P.L.1991, c.29 (C.40A:9-22.1 et seq.) and P.L.1991, c.393 (C.18A:12-21 et seq.), and repealing P.L.2003, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Comprehensive Anti-Nepotism Act."
2. The Legislature finds and declares:
a. The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected officials and public employees.
b. Nepotism has tainted New Jersey citizens' views on their government, and led to a loss of trust in New Jersey's elected officials and public employees.
c. In order to restore that trust, it is imperative that decisive action be taken to ensure that elected officials and public employees in all levels of government are held to the highest standards of ethical conduct.
d. The purpose of this act is to restore New Jersey citizens' faith in their government by addressing the problem of nepotism comprehensively, to ensure that consistent high standards are required of State, county, and local employees and elected officials.
3. a. For the purposes of this section:
"Contract management authority" means personal involvement in or direct supervisory responsibility for the formulation or execution of a contract with a State agency, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms, or supervision of performance.
"Local government agency" and "local government officer or employee" have the meanings prescribed, respectively, by subsections e. and h. of section 3 of P.L.1991, c.29 (C.40A:9-22.3).
"Local school district" and "school official" have the meanings prescribed by section 3 of P.L.1991, c.393 (C.18A:12-23).
"Relative" of an individual means the individual's spouse, domestic partner as defined in section 3 of P.L.2003, c.46 (C.26:8A-3), or partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), or the individual's or spouse's or partner's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, first cousin, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the relative is related to the individual or the individual's spouse or partner by blood, marriage or adoption.
b. Notwithstanding the provisions of any other law to the contrary, there shall not be employed, or nominated, proposed or recommended for employment, in any State agency in which a member of the Legislature, State officer or employee, or special State officer or employee serves or over which the member, officer or employee exercises authority, supervision, or control:
(1) any relative of the member, officer or employee; or
(2) any person other than a relative of the member, officer or employee if the employment, or the nomination, proposal or recommendation for employment, of that person is in exchange for or in consideration of:
(a) the employment, or the nomination, proposal or recommendation for employment, in the same or another State agency, in any local government agency, or in any local school district, of any relative of the member, officer or employee by any other such member, officer or employee, by a local government officer or employee, or by a school official; or
(b) the provision of assistance to a relative of the member, officer or employee in securing employment or contracts with a person engaged in the performance of a contract for the provision of goods or services to the same or another State agency, to a local government agency, or to a local school district.
c. Notwithstanding the provisions of any other law to the contrary:
(1) If a person engaged in the performance of a public contract for the provision of goods or services to a State agency is, or employs or has a contract with, a relative of a member of the Legislature, State officer or employee, or special State officer or employee, the member, officer or employee shall not exercise contract management authority over that public contract.
(2) If a member of the Legislature, State officer or employee, or special State officer or employee exercises contract management authority over a public contract for the provision of goods or services to a State agency, the member, officer or employee shall not use or permit the use of that authority to:
(a) assist a relative of the member, officer or employee in securing employment or contracts with a person engaged in the performance of that contract; or
(b) assist any person other than a relative of the member, officer or employee in securing employment or contracts with the person so engaged in such contractual performance in exchange for or in consideration of:
(i) the employment, or the nomination, proposal or recommendation for employment, by any other such member, officer or employee, by a local government officer or employee, or by a school official in any State agency, local government agency, or local school district of a relative of the member of the Legislature, State officer or employee, or special State officer or employee; or
(ii) the provision by another such member, officer or employee, by a local government officer or employee, or by a school official of assistance to a relative of the member of the Legislature, State officer or employee, or special State officer or employee in securing employment or contracts with a person engaged in the performance of a public contract for the provision of goods or services to a State agency, a local government agency or a local school district.
(3) The employment of or contracting with a relative of a member of the Legislature, State officer or employee, or special State officer or employee by such a person within six months prior to the commencement of, during the term of, or within six months after the completion or termination of, a public contract that the person is to perform, is performing, or shall have performed shall be evidence that any contract management authority exercised by the member, officer, or employee was exercised in violation of paragraph (1) of this subsection or that the relative's employment or contract with the person was obtained in violation of paragraph (2) of this subsection, as appropriate.
d. The Executive Commission on Ethical Standards or the Joint Legislative Committee on Ethical Standards, as appropriate, shall determine whether a violation of this section has occurred. A State officer or employee, or special State officer or employee who violates any provision of this section shall be immediately removed from his or her public office or employment; and a member of the Legislature shall be recommended for removal by the Joint Legislative Committee on Ethical Standards, which shall be presented to the House of that member, and subject the member to further disciplinary action by that House pursuant to Article IV, Section IV, paragraph 3 of the New Jersey Constitution. Additionally, the member of the Legislature, State officer or employee, or special State officer or employee shall be fined three times the maximum amount established pursuant to subsection (i) of section 10 of P.L.1971, c.182 (C.52:13D-21) or subsection (i) or (j) of section 11 of P.L.1971, c.182 (C.52:13D-22), as appropriate.
4. a. For the purposes of this section:
"Contract management authority" means personal involvement in or direct supervisory responsibility for the formulation or execution of a contract with a local government agency, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms, or supervision of performance.
"Local school district" and "school official" have the meanings prescribed by section 3 of P.L.1991, c.393 (C.18A:12-23).
"Relative" of an individual means the individual's spouse, domestic partner as defined in section 3 of P.L.2003, c.46 (C.26:8A-3), or partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), or the individual's or spouse's or partner's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, first cousin, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the relative is related to the individual or the individual's spouse or partner by blood, marriage or adoption.
"State agency," "State officer or employee," "member of the Legislature," and "special State officer or employee" have the meanings prescribed, respectively, by subsections a., b., c., and e. of section 2 of P.L.1971, c.182 (C.52:13D-13).
b. Notwithstanding the provisions of any other law to the contrary, there shall not be employed, or nominated, proposed or recommended for employment, in any local government agency in which a local government officer or employee serves or over which the officer or employee exercises authority, supervision, or control:
(1) any relative of the local government officer or employee; or
(2) any person other than a relative of the local government officer or employee if the employment, or the nomination, proposal or recommendation for employment, of that person is in exchange for or in consideration of:
(a) the employment, or the nomination, proposal or recommendation for employment, in the same or another local government agency, in any State agency, or in any local school district, of any relative of the local government officer or employee by any other local government officer or employee, by a member of the Legislature, State officer or employee or special State officer or employee, or by a school official; or
(b) the provision of assistance to a relative of the local government officer or employee in securing employment or contracts with a person engaged in the performance of a contract for the provision of goods or services to the same or another local government agency, to a State agency, or to a local school district.
c. Notwithstanding the provisions of any other law to the contrary:
(1) If a person engaged in the performance of a public contract for the provision of goods or services to a local government agency is, or employs or has a contract with, a relative of a local government officer or employee, the officer or employee shall not exercise contract management authority over that contract.
(2) If a local government officer or employee exercises contract management authority over a public contract for the provision of goods or services to a local government agency, the officer or employee shall not use or permit the use of that authority to:
(a) assist a relative of the officer or employee in securing employment or contracts with a person engaged in the performance of that contract; or
(b) assist any person other than a relative of the local government officer or employee in securing employment or contracts with the person so engaged in such contractual performance in exchange for or in consideration of:
(i) the employment, or the nomination, proposal or recommendation for employment, by any other local government officer or employee, by a member of the Legislature, State officer or employee, or special State officer or employee, or by a school official in any local government agency, State agency, or local school district of a relative of the local government officer or employee, or
(ii) the provision by another local government officer or employee, by a member of the Legislature, State officer or employee, or special State officer or employee, or by a school official of assistance to a relative of the local government officer or employee in securing employment or contracts with a person engaged in the performance of a public contract for the provision of goods or services to a local government agency, a State agency or a local school district.
(3) The employment of or contracting with a relative of a local government officer or employee by such a person within six months prior to the commencement of, during the term of, or within six months after the completion or termination of, a public contract that the person is to perform, is performing, or shall have performed shall be evidence that any contract management authority exercised by the local government officer or employee was exercised in violation of paragraph (1) of this subsection or that the relative's employment or contract with the person was obtained in violation of paragraph (2) of this subsection, as appropriate.
d. The Local Finance Board shall determine whether a violation of this section has occurred. A local government officer or employee who violates any provision of this section shall be immediately removed from his or her public office or employment, and fined three times the maximum amount established pursuant to subsection a. or b. of section 10 of P.L.1991, c.29 (C.40A:9-22.10), as appropriate.
5. a. For the purposes of this section:
"Contract management authority" means personal involvement in or direct supervisory responsibility for the formulation or execution of a contract with a local school district, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms, or supervision of performance.
"Local government agency" and "local government officer or employee" have the meanings prescribed, respectively, by subsections e. and h. of section 3 of P.L.1991, c.29 (C.40A:9-22.3).
"Relative" of an individual means the individual's spouse, domestic partner as defined in section 3 of P.L.2003, c.46 (C.26:8A-3), or partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), or the individual's or spouse's or partner's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, first cousin, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the relative is related to the individual or the individual's spouse or partner by blood, marriage or adoption.
"State agency," "State officer or employee," "member of the Legislature," and "special State officer or employee" have the meanings prescribed, respectively, by subsections a., b., c., and e. of section 2 of P.L.1971, c.182 (C.52:13D-13).
b. Notwithstanding the provisions of any other law to the contrary, there shall not be employed, or nominated, proposed or recommended for employment, in any local school district in which a school official serves or over which the official exercises authority, supervision, or control:
(1) any relative of the school official; or
(2) any person other than a relative of the school official if the employment, or the nomination, proposal or recommendation for employment, of that person is in exchange for or in consideration of:
(a) the employment, or the nomination, proposal or recommendation for employment, in the same or another local school district, in any State agency, or in any local government agency, of any relative of the school official by any other school official, by a member of the Legislature, State officer or employee or special State officer or employee, or by a local government officer or employee; or
(b) the provision of assistance to a relative of the school official in securing employment or contracts with a person engaged in the performance of a contract for the provision of goods or services to the same or another local school district, to a State agency, or to a local government agency.
c. Notwithstanding the provisions of any other law to the contrary:
(1) If a person engaged in the performance of a public contract for the provision of goods or services to a local school district is, or employs or has a contract with, a relative of a school official, the school official shall not exercise contract management authority over that public contract.
(2) If a school official exercises contract management authority over a public contract for the provision of goods or services to a local school district, the official shall not use or permit the use of that authority to:
(a) assist a relative of the school official in securing employment or contracts with a person engaged in the performance of that contract; or
(b) assist any person other than a relative of the school official in securing employment or contracts with the person engaged in such contractual performance in exchange for or in consideration of:
(i) the employment, or the nomination proposal or recommendation for employment, by another school official, by a member of the Legislature, State officer or employee, or special State officer or employee, or by a local government officer or employee in any local school district, State agency, or local government agency of a relative of the school official; or
(ii) the provision by any other school official, by a member of the Legislature, State officer or employee or special State officer or employee, or by a local government officer or employee of assistance to a relative of the school official in securing employment or contracts with a person engaged in the performance of a public contract for the provision of goods or services to a local school district, State agency, or local government agency.
(3) The employment of or contracting with a relative of such a school official by such a person within six months prior to, during the term of, or within six months after the completion or termination of a public contract with a school district that the person is to perform, is performing, or shall have performed shall be evidence that such contract management authority was exercised in violation of paragraph (1) of this subsection or that the relative's employment or contract with the person was obtained in violation of paragraph (2) of this subsection, as appropriate.
d. The School Ethics Commission shall determine whether a violation of this section has occurred. A school official who violates any provision of this section shall be immediately removed from his or her public office or employment, and fined $1,500, which penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
6. P.L.2003, c.307 (C.52:11-5.1) is repealed.
7. This act shall take effect on the 60th day following enactment and shall be applicable to any contract entered into or employment commencing on or after that effective date.
STATEMENT
There is a need for comprehensive anti-nepotism legislation, which would cover elected officials and public employees in State, county, and local levels of government. The current law's limited application to only certain jobs and certain relatives, and lack of specific penalties, does not go far enough in addressing the problem of nepotism and restoring the public's trust in government.
This bill would create the "Comprehensive Anti-Nepotism Act." The bill would prohibit a public officer or employee subject to the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.), or the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.) from:
(1) having a relative employed or sponsoring the employment of a relative in the governmental agency in which the officer or employee serves;
(2) having employed or sponsoring the employment of anyone other than a relative in exchange for (a) the employment or sponsorship for employment in a public position of a relative by another public officer or employee, or (b) the provision of assistance to a relative in obtaining employment or contracts with a person performing a public contract;
(3) exercising contract management authority over any public contract with a person who is, or employs or has a contract with, a relative of the officer or employee; or
(4) using or permitting the use of the officer or employee's exercise of contract management authority over a public contract, when not barred outright under (3), to (a) assist a relative in obtaining employment or contracts with a person performing that public contract, or (b) assist anyone other than a relative in obtaining employment or contracts with a person performing the public contract in exchange for (i) the employment or sponsorship for employment of a relative by another such public officer or employee, or (ii) the provision of assistance by another such public officer or employee in obtaining employment or contracts with any public contractor.
"Contract management authority" under the bill refers to personal involvement in or direct supervisory responsibility for the formulation or execution of a public contract.
In addition, the bill expands the definition of "relative" beyond what is in the current law to include first cousins, domestic partners, and partners in a civil union couple, and a spouse's or partner's relatives as well.
The bill also strengthens current law by providing specific penalties. Upon a decision of a violation of the provisions of the bill by a relevant ethics body (the Executive Commission on Ethical Standards, Joint Legislative Committee on Ethical Standards, Local Finance Board, or School Ethics Commission, as appropriate), an individual would be immediately removed from public office or employment, and fined an amount three times the amount of the current penalty for ethics violations.
