Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Requires guidance offered by Local Finance Board to members of local governing body employed by casino, or regarding casino employment of immediate family member thereof, be in form of public advisory opinions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning guidance offered under the "Local Government Ethics Law" on potential conflict of interests for certain members of the governing body of a municipality wherein a casino is located and amending P.L.2009, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2009, c.26 (C.52:13D-17.3) is amended to read as follows:
3. Notwithstanding the provisions of section 4 of P.L.1981, c.142 (C.52:13D-17.2), a member of the governing body of a municipality wherein a casino is located, other than the mayor, and a member of the immediate family thereof, may hold employment with the holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, while serving in that elective office and thereafter, if that member of the governing body, or member of the immediate family thereof, held that specific employment when that member of the governing body took office. [Such] Notwithstanding any provision of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.) to the contrary, such a member or member-elect of the governing body shall [consult with] request the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs to provide guidance in the form of a written advisory opinion, pursuant to the "Local Government Ethics Law," regarding any potential conflict of interest that may arise as a result of the employment described herein while serving on the governing body. [The board shall provide guidance to the member with respect to the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.)] Any advisory opinion issued under the "Local Government Ethics Law" for this purpose shall be a government record, as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1), that is accessible to the public and shall not be confidential. The Local Finance Board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this section.
(cf: P.L.2009, c.26, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill requires the guidance offered by the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs to members of the local governing body of a municipality wherein a casino is located, who are employed by a casino, or regarding the casino employment of an immediate family member thereof, to be issued in the form of a public advisory opinion.
Under current law, a member of the governing body of a municipality wherein a casino is located, other than the mayor, and a member of the immediate family thereof, may hold employment with the holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, while serving in that elective office and thereafter, if that member of the governing body, or member of the immediate family thereof, held that specific employment when that member of the governing body took office. Current law also requires such a member to consult with the Local Finance Board regarding any potential conflict of interest that may arise as a result of the employment, and pursuant to the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.).
This bill would formalize this guidance by requiring it to be issued in the form of advisory opinions. This bill also provides that these opinions are not to be considered confidential, and may therefore be made public by the Local Finance Board.