Bill Text: NJ A1898 | 2010-2011 | Regular Session | Introduced
Bill Title: Reinstates prohibition against representation of casino licensees and applicants by legal and other professional service entities associated with certain former public officers and employees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly State Government Committee [A1898 Detail]
Download: New_Jersey-2010-A1898-Introduced.html
Sponsored by:
Assemblyman VINCENT J. POLISTINA
District 2 (Atlantic)
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
SYNOPSIS
Reinstates prohibition against representation of casino licensees and applicants by legal and other professional service entities associated with certain former public officers and employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning post employment restrictions applicable to certain government officers and employees and amending P.L.1981, c.142.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1981, c.142 (C.52:13D-17.2) is amended to read as follows:
4. a. As used in this section "person" means:
[(1)] any State officer or employee subject to financial disclosure by law or executive order and any other State officer or employee with responsibility for matters affecting casino activity; any special State officer or employee with responsibility for matters affecting casino activity; the Governor; any member of the Legislature or any full-time member of the Judiciary; any full-time professional employee of the Office of the Governor, or the Legislature; members of the Casino Reinvestment Development Authority; the head of a principal department; the assistant or deputy heads of a principal department, including all assistant and deputy commissioners; the head of any division of a principal department; [or
(2)] any member of the governing body, or the municipal judge or the municipal attorney of a municipality wherein a casino is located; any member of or attorney for the planning board or zoning board of adjustment of a municipality wherein a casino is located, or any professional planner, or consultant regularly employed or retained by such planning board or zoning board of adjustment.
b. No State officer or employee, nor any person, nor any member of the immediate family of any State officer or employee, or person, nor any partnership, firm or corporation with which any such State officer or employee or person is associated or in which he has an interest, nor any partner, officer, director or employee while he is associated with such partnership, firm, or corporation, shall hold, directly or indirectly, an interest in, or hold employment with, or represent, appear for, or negotiate on behalf of, any holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, in connection with any cause, application, or matter, except as provided in section 3 of P.L.2009, c.26 (C.52:13D-17.3), and except that (1) a State officer or employee other than a State officer or employee included in the definition of person, and (2) a member of the immediate family of a State officer or employee, or of a person, may hold employment with the holder of, or applicant for, a casino license if, in the judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employment will not interfere with the responsibilities of the State officer or employee, or person, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the State officer or employee, or person. No special State officer or employee without responsibility for matters affecting casino activity, excluding those serving in the Departments of Education, Health and Senior Services, and Human Services and the Commission on Higher Education, shall hold, directly or indirectly, an interest in, or represent, appear for, or negotiate on behalf of, any holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, in connection with any cause, application, or matter. However, a special State officer or employee without responsibility for matters affecting casino activity may hold employment directly with any holder of or applicant for a casino license or any holding or intermediary company thereof and if so employed may hold, directly or indirectly, an interest in, or represent, appear for, or negotiate on behalf of, his employer, except as otherwise prohibited by law.
c. No person or any member of his immediate family, nor any partnership, firm or corporation with which such person is associated or in which he has an interest, nor any partner, officer, director or employee while he is associated with such partnership, firm or corporation, shall, within two years next subsequent to the termination of the office or employment of such person, hold, directly or indirectly, an interest in, or hold employment with, or represent, appear for or negotiate on behalf of, any holder of, or applicant for, a casino license in connection with any cause, application or matter, or any holding or intermediary company with respect to such holder of, or applicant for, a casino license in connection with any phase of casino development, permitting, licensure or any other matter whatsoever related to casino activity, except as provided in section 3 of P.L.2009, c.26 (C.52:13D-17.3), and except that:
(1) a member of the immediate family of a person may hold employment with the holder of, or applicant for, a casino license if, in the judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employment will not interfere with the responsibilities of the person and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the person;
(2) an employee who is terminated as a result of a reduction in the workforce at the agency where employed, other than an employee who held a policy-making management position at any time during the five years prior to termination of employment, may, at any time prior to the end of the two-year period, accept employment with the holder of, or applicant for, a casino license if, in the judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employment will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the employee. In no case shall the restrictions of this subsection apply to a secretarial or clerical employee. Nothing herein contained shall alter or amend the post-employment restrictions applicable to members and employees of the Casino Control Commission and employees and agents of the Division of Gaming Enforcement pursuant to subsection e. (2) of section 59 and to section 60 of P.L.1977, c.110 (C.5:12-59 and C.5:12-60); and
(3) any partnership, firm or corporation engaged in the practice of law [or in providing any other professional services] with which [any person included in paragraph (1) of subsection a. of this section, or a member of the immediate family of that person,] a former member of the Judiciary is associated, and any partner, officer, director or employee thereof, other than [that person, or immediate family] the former member, may represent, appear for or negotiate on behalf of any holder of, or applicant for, a casino license in connection with any cause, application or matter or any holding company or intermediary company with respect to such holder of, or applicant for, a casino license in connection with any phase of casino development, permitting, licensure or any other matter whatsoever related to casino activity, and [that person or immediate family] the former member shall not be barred from association with such partnership, firm or corporation, if the former member: (a) is screened, for a period of two years next subsequent to the termination of the [person's office or] former member's employment, [the person or immediate family member (a) is screened] from personal participation in any such representation, appearance or negotiation; and (b) is associated with the partnership, firm or corporation in a position considered "of counsel," which does not entail any equity interest in the partnership, firm or corporation. [The exception provided in this paragraph shall not apply to a former Governor, Lieutenant Governor, Attorney General, member of the Legislature, person included in paragraph (2) of subsection a. of this section, or to the members of their immediate families.]
d. This section shall not apply to the spouse of a State officer or employee, which State officer or employee is without responsibility for matters affecting casino activity, who becomes the spouse subsequent to the State officer's or employee's appointment or employment as a State officer or employee and who is not individually or directly employed by a holder of, or applicant for, a casino license, or any holding or intermediary company.
e. The Joint Legislative Committee on Ethical Standards and the State Ethics Commission, as appropriate, shall forthwith determine and publish, and periodically update, a list of those positions in State government with responsibility for matters affecting casino activity.
f. No person shall solicit or accept, directly or indirectly, any complimentary service or discount from any casino applicant or licensee which he knows or has reason to know is other than a service or discount that is offered to members of the general public in like circumstance.
g. No person shall influence, or attempt to influence, by use of his official authority, the decision of the commission or the investigation of the division in any application for licensure or in any proceeding to enforce the provisions of this act or the regulations of the commission. Any such attempt shall be promptly reported to the Attorney General; provided, however, that nothing in this section shall be deemed to proscribe a request for information by any person concerning the status of any application for licensure or any proceeding to enforce the provisions of this act or the regulations of the commission.
h. Any person who willfully violates the provisions of this section is a disorderly person and shall be subject to a fine not to exceed $1,000, or imprisonment not to exceed six months, or both.
In addition, for violations of subsection c. of this section occurring after the effective date of P.L.2005, c.382, a civil penalty of not less than $500 nor more than $10,000 shall be imposed upon a former State officer or employee or former special State officer or employee of a State agency in the Executive Branch upon a finding of a violation by the State Ethics Commission, 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.).
(cf: P.L.2009, c.193, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill reinstates the prohibition against representation of casino licensees and applicants by legal and other professional service entities associated with certain former public officers and employees, returning the law's provisions to the form immediately prior to the passage of P.L.2009, c.193.
Under the bill, during a two-year period immediately following termination of their government office or employment, certain former government officers and employees are prohibited from holding, directly or indirectly, an interest in, or holding employment with, or representing, appearing for or negotiating on behalf of, any holder of, or applicant for, a casino license in connection with any cause, application or matter, or any holding or intermediary company with respect to such holder of, or applicant for, a casino license in connection with any phase of casino development, permitting, licensure or any other matter whatsoever related to casino activity. This two-year post employment prohibition also applies to members of the former government officer or employee's immediate family, and to any partnership, firm or corporation with which such former employee is associated or in which they have an interest, and to any partner, officer, director or employee while the former government officer or employee is associated with such partnership, firm or corporation.
In conformance with the version of the law in existence immediately prior to the passage of P.L.2009, c.193, the bill provides an exception from the two-year post employment restriction to any partnership, firm or corporation engaged in the practice of law with which a former member of the Judiciary is associated. Under this exception, any partner, officer, director or employee of the law firm, other than the former member of the Judiciary, may represent, appear for or negotiate on behalf of any holder of, or applicant for, a casino license in connection with any cause, application or matter or any holding company or intermediary company with respect to such holder of, or applicant for, a casino license in connection with any phase of casino development, permitting, licensure or any other matter whatsoever related to casino activity. This narrow exception further provides that the former member of the Judiciary will not be barred from association with such law firm if the former member: (1) is screened, for a period of two years next subsequent to the termination of the former member's employment, from personal participation in any such representation, appearance or negotiation; and (2) the former member is associated with the partnership, firm or corporation in a position considered "of counsel," which does not entail any equity interest in the partnership, firm or corporation.
This bill reverses the provisions of P.L.2009, c.193, which (1) expanded this exception to partnerships, firms or corporations that provide professional services, in addition to law firms, and (2) extended the exception to apply to partnerships, firms or corporations that employ former State officers or employees and special State officers or employees who have been subject to financial disclosure or have responsibility for casino matters, full-time professional employees of the Office of the Governor or of the Legislature, members of the Casino Reinvestment Development Authority, the heads, assistant heads and deputy heads of principal departments, including assistant and deputy commissioners, and division heads, and members of their immediate families. Under the bill, these entities and persons would be subject to the two-year post employment restriction provided for in the law.
