Bill Text: NJ A4876 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires training program for certain appointed and elected officials.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-05-22 - Introduced, Referred to Assembly Judiciary Committee [A4876 Detail]
Download: New_Jersey-2016-A4876-Introduced.html
Sponsored by:
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
SYNOPSIS
Requires training program for certain appointed and elected officials.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning training for certain appointed and elected officials, supplementing P.L.1991, c.29 (C.40A:9-22.1 et seq.), amending P.L.2003, c.255, and repealing P.L.1950, c.211.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
"Division" means the Division of Local Government Services in the Department of Community Affairs.
"Local government official" means a person holding a county or municipal elective public office or a person serving on a multi-member county or municipal board, committee, or authority appointed by the Governor or by an elected public official or elected governing body of a political subdivision of the State. Local government official does not include an appointed or elected school board member.
b. A local government official serving in this State shall complete a training program developed pursuant to subsection c. of this section. The training program shall explain the duties, responsibilities, and knowledge necessary to serve as an elected local government official and as an appointed member of a multi-member board, committee, or authority. At a minimum, the training program shall include information concerning: New Jersey government structure; constitutional and statutory provisions relevant to local governments; fiscal and personnel management; the requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.); the requirements of the open public records act, P.L.1963, c.73 (C.47:1A-1 et seq.), and the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.); parliamentary procedures; the local budget process; and the requirements of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.), and any additional requirements of a municipal or county code of ethics adopted pursuant to that law.
A local government official elected or appointed on or after the operative date of P.L. , c. (pending before the Legislature as this bill) shall complete the training program required under this section within nine months of the official's election or appointment. A local government official elected or appointed prior to the operative date of P.L. , c. (pending before the Legislature as this bill) shall complete the training program required under this section within nine months of that operative date.
c. Within 120 days of the
effective date of P.L. , c. (pending before the Legislature as this bill),
the division shall develop the
training program required pursuant to subsection b. of this section. In
developing the program, the division shall examine similar programs developed
by various public, non-profit, and private sector entities and shall survey the
available training resources and methods. The division shall create an
electronic version of the training program accessible on the Internet. The
division may provide the training program through the division's employees or through
a person, agency, organization, or entity contracted by the division for that
purpose. The division shall notify all local government officials, municipal
and county clerks, and the secretaries of local boards, committees, and
authorities of the requirement to complete the training program.
d. Upon completion of the training program required pursuant to this section, each local government official shall sign a statement asserting that the official has received the training and file the certification with the division. The certification shall be public information. The division shall report a local government official's failure to complete the training program and file the certification to the Local Finance Board or a county or municipal ethics board established pursuant to the provisions of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.). Once a local government official completes the training program required by this section, the official shall not be required to repeat the training program if subsequently elected or appointed as a local government official.
2. Section 4 of P.L.2003, c.255 (C.52:13D-28) is amended to read as follows:
4. a. The Legislature shall provide an online tutorial on legislative ethics for its members and State officers or employees and special State officers or employees in the Legislative Branch of government. Each member of the Legislature and officer or employee in the Legislative Branch shall take the tutorial no later than April 1 of every even-numbered year. Each Executive Director shall submit a certification to the Ethics Counsel for himself or herself and for his or her respective staff members that they have completed the online tutorial. Each member of the Legislature shall submit to the Ethics Counsel a certification that he or she and his or her district office staff members have completed the online tutorial. The certification shall be public information. Failure to take the tutorial and file the certification shall be reported by the Ethics Counsel to the joint committee.
In addition to the tutorial, all officers and employees in the Legislative Branch shall participate in annual ethics training as directed by their Executive Directors and all members of the Legislature shall participate in annual ethics training as directed by the President of the Senate for members of the Senate and by the Speaker of the General Assembly for members of the General Assembly. The Executive Directors, the President of the Senate, and the Speaker of the General Assembly shall also direct the process by which completion of the training is verified. Such verification shall be filed with the Ethics Counsel. The verification shall be public information. Failure to participate in the training and file the verification shall be reported by the Ethics Counsel to the joint committee.
Each member of the Legislature shall consult with the Ethics Counsel each year regarding the requirements of the New Jersey Conflicts of Interest Law and the Legislative Code of Ethics and any other applicable law, rule or standard of conduct relating to the area of ethics. The assistance of the Ethics Counsel to members of the Legislature is subject to the attorney-client privilege. This assistance is intended as a service to the members of the Legislature and may not be deemed to diminish a member's personal responsibility for adherence to applicable laws, code provisions, rules and other standards of conduct. No privileged information provided to the Ethics Counsel by members of the Legislature or officers or employees in the Legislative Branch shall be used or admitted into evidence in any proceeding against them; but this shall not prohibit proceedings against them from evidence independently derived.
b. (1) Each member of the Legislature shall complete a training program developed pursuant to paragraph (2) of this subsection. The training program shall explain the duties, responsibilities, and knowledge necessary to serve as a member of the Legislature. At a minimum, the training program shall include information concerning: legislative procedures; personnel management; the Joint Rules Governing Legislative District Offices; the rules of the Senate and General Assembly; basic provisions of the State and federal Constitutions; New Jersey government structure; the compilation of statutes; parliamentary procedures; fiscal procedures; and the State budget process.
A member of the Legislature elected on or after the operative date of P.L. , c. (pending before the Legislature as this bill) shall complete the training program required under this subsection within nine months of the member's election. A member of the Legislature elected prior to the operative date of P.L. , c. (pending before the Legislature as this bill) shall complete the training program required under this subsection within nine months of that operative date.
(2) Within 120 days of the effective date of P.L. , c. (pending before the Legislature as this bill), the Legislature shall develop the training program required pursuant to paragraph (1) of this subsection. In developing the program, the Legislature shall examine similar programs developed by various public, non-profit, and private sector entities and shall survey the available training resources and methods. The Legislature shall create an electronic version of the training program accessible on the Internet. The Legislature may provide the training program through the officers and employees in the Legislative Branch or through a person, agency, organization, or entity contracted by the Legislature for that purpose. The Ethics Counsel shall notify each member of the Legislature of the requirement to complete the training program.
(3) Upon completion of the training required pursuant to this subsection, each member of the Legislature shall sign a statement asserting that the member has received the training and file the certification with the Ethics Counsel. The certification shall be public information. The Ethics Counsel shall report a member's failure to complete the training program and file the certification to the joint committee. Once a member of the Legislature completes the training program required by this subsection, the member shall not be required to repeat the training program if subsequently elected or reelected to either House of the Legislature.
(cf: P.L.2008, c.16, s.2)
3. P.L.1950, c.211 (C.40:46-39 through C.40:46-53) is repealed.
4. This act shall take effect immediately, but shall remain inoperative for 120 days following the date of enactment.
STATEMENT
This bill requires elected members of the Legislature, and certain elected or appointed local government officials, to complete a training program.
Under the bill, local government officials serving in this State must complete a training program explaining the duties, responsibilities, and knowledge necessary to serve as an elected local government official and as an appointed member of a multi-member board, committee, or authority. The bill defines a local government official as a person holding a county or municipal elective public office or a person serving on a multi-member county or municipal board, committee, or authority appointed by the Governor or by an elected public official or elected governing body of a political subdivision of the State. Local government official does not include an appointed or elected school board member.
The bill requires that the Division of Local Government Services in the Department of Community Affairs develop the training program within 120 days of the effective date of the bill. The bill requires that the training program include information concerning: New Jersey government structure; constitutional and statutory provisions relevant to local governments; fiscal and personnel management; the requirements of the "Local Public Contracts Law"; the requirements of the open public records act and the "Senator Byron M. Baer Open Public Meetings Act"; parliamentary procedures; the local budget process; and the requirements of the "Local Government Ethics Law" and any additional requirements of a municipal or county code of ethics adopted pursuant to that law.
The bill requires a local government official elected or appointed after the bill's operative date to complete the training program within nine months of the official's appointment or election. If a local government official was elected or appointed prior to the operative date of the bill, the official must complete the training program within nine months of the bill's operative date. Local government officials must certify to the division that they have completed the training program. The bill requires that the certifications be available to the public.
The bill also requires that each member of the Legislature complete a training program explaining the duties, responsibilities, and knowledge necessary to serve as a member of the Legislature. The bill requires that the Legislature develop the training program within 120 days of the effective date of the bill. The bill requires that the training program include information concerning: legislative procedures; personnel management; the Joint Rules Governing Legislative District Offices; the rules of the Senate and General Assembly; basic provisions of the State and federal Constitutions; New Jersey government structure; the compilation of statutes; parliamentary procedures; fiscal procedures; and the State budget process.
The bill requires a legislator elected after the operative date of the bill to complete the training program during the first nine months of the legislator's first term. If a legislator was elected prior to the operative date of the bill, the legislator must complete the training program within nine months of the bill's operative date. Legislators must certify to the Ethics Counsel that they have completed the training program. The bill requires that the certifications be available to the public.
Many elected persons--whether city council members, freeholders, legislators, or persons appointed to serve on a multi-member board, commission, or authority at the local level--may not have had prior experience serving in public office. Because service in public office affects major fiscal and policy issues and has significant implications for communities across the State, it is imperative that appointed and elected persons have proper training. It is the sponsor's intent for this bill to help elected and appointed officials avoid potential conflicts, common missteps, and have a suitable frame of reference to measure appropriate governance to avoid unintended outcomes.
Finally, this bill repeals the "Optional Municipal Key Positions Law," P.L.1950, c.211 (C.40:46-39 et seq.). The law permitted municipalities to adopt in-service training programs for certain municipal officials. Many of the officials covered by this act, such as tax assessors, already have training requirements pursuant to other statutes. This bill would require mandatory training for many of the remaining elected and appointed local government officials subject to the "Optional Municipal Key Positions Law."
