Bill Text: NJ A639 | 2014-2015 | Regular Session | Introduced

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Bill Title: Imposes restrictions concerning Delaware River and Bay Authority commissioners, officers, and employees regarding employment, gifts, and compensation.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A639 Detail]

Download: New_Jersey-2014-A639-Introduced.html

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ASSEMBLY, No. 639

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblywoman  CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Assemblyman Eustace

 

 

 

 

SYNOPSIS

     Imposes restrictions concerning Delaware River and Bay Authority commissioners, officers, and employees regarding employment, gifts, and compensation.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning the Delaware River and Bay Authority and supplementing P.L.1961, c.66 (C.32:11E-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of Delaware supplementing the compact or agreement between the State of Delaware and the State of New Jersey known as the "Delaware-New Jersey Compact," as set forth in P.L.    , c.    (C.     ) (pending before the Legislature as this bill).

 

     2.    a.  The Delaware River and Bay Authority, including any of its subsidiary corporations, shall not compensate any commissioner, officer, or employee in the form of an allowance or reimbursement for expenses related to the use of a vehicle that is procured by or for the commissioner, officer, or employee primarily for personal use or for the purpose of commuting between home and work.

     b.    No current or former commissioner, officer, or employee of the authority or any of its subsidiary corporations shall be exempt from payment of any toll relating to the person's use of an authority toll bridge or toll road, or of any fare relating to the use of the transportation services of the authority, including any of its subsidiary corporations, and the authority shall not compensate any such commissioner, officer, or employee, in the form of an allowance or reimbursement, for payment of any such toll or fare or for payment of any other expenses for commuting between home and work or for travel not directly related to the public business of the authority.

     c.    The authority shall not provide to any commissioner, officer, or employee of the authority, or of any of its subsidiary corporations, a driver whose assigned full-time or part-time duties are to operate any motor vehicle in which the commissioner, officer, or employee, or an immediate family member unless the driver is a law enforcement officer who is assigned also to provide for the security of the commissioner, officer, or employee when the need for such security has been documented.  For the purposes of this subsection, "immediate family member" of a person means the person's spouse and any parent, child, or sibling of the person residing in the same household as the person.

     d.    The authority, including any of its subsidiary corporations, shall not compensate any commissioner, officer, or employee in the form of an allowance or reimbursement for the cost of overnight travel on behalf of the authority or for purposes of conducting authority business unless such travel arrangements and the pertinent itinerary shall first have been approved in writing by the authority commissioners at a public meeting; provided, however, that this subsection shall not be construed to prohibit the reimbursement of any commissioner, officer, or employee for the cost of overnight travel in emergent situations relating to the authority's business.  Any payment made for travel expenses in accordance with this subsection shall be made as a reimbursement for allowable expenses, and such reimbursement shall be made after the date of travel.

     e.    The authority, including any of its subsidiary corporations, shall not extend to any commissioner, officer, or employee a personal line of credit or any other form of credit agreement unless the use of credit, as documented in writing, is directly related and essential to the performance of those official duties of the commissioner, officer, or employee that concern the maintenance of security for specified persons or property, law enforcement, inspections or audits of regulated facilities, entities, or persons, or the health, safety, and welfare of members of the public.

     f.     No commissioner, officer, or employee of the authority or of any of its subsidiary corporations shall receive any personal expense allowance, or be authorized to charge any contingent fund or account for personal or official expenses except where such allowance or fund is expressly provided for by statute or legislative appropriation.

     g.    No commissioner, officer, or employee of the authority, or of any of its subsidiary corporations shall receive an allowance, stipend, subsidy, reimbursement, or other form of payment for the purchase, lease, or maintenance of a residence, and no such individual shall accept use of a residence owned or leased by the authority or any of its subsidiary corporations for any purpose not directly related and essential to the performance of those official duties of the officer or employee, as documented in writing, that concern the maintenance of security for specified persons or property, law enforcement, or the health, safety, and welfare of members of the public.

     h.    The authority shall not reimburse any officer or employee of the authority or of any of its subsidiary corporations for attendance of courses at an institution of higher education unless (1) the course is taken at an accredited public institution of higher education in Delaware or New Jersey, including a county college, (2) the course is directly related to the skills and knowledge required for the duties being performed by the officer or employee, or required for the performance of the duties of a position to which the officer or employee may directly be promoted from the current position, and (3) the officer or employee agrees to remain an officer or employee for five years after the final tuition reimbursement is made.  The amount of any reimbursement hereunder shall be limited to 50 percent of the tuition for the course attended.  If the officer or employee does not remain an officer or employee of the authority for that period of time, the officer or employee shall be required to pay the authority for all tuition reimbursements made.  If the officer or employee does not maintain a C average or its equivalent for courses attended, the officer or employee shall not receive payment or reimbursement for tuition.  This paragraph shall not apply to tuition reimbursement for a course or program that provides a certification of a skill or understanding sufficient to perform or assess a particular technological, mechanical, industrial, operational, accounting, or construction process or function, and that certification is required for holding that office or employment.

 

     3.    a.  No commissioner, officer, or employee of the Delaware River and Bay Authority, or any of its subsidiary corporations, shall solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, employment, gift, honorarium, out-of-State travel or subsistence expense or other thing of value from any source other than the authority, for providing any service, advice, or assistance, making any appearance or speech, or performing any other action related to the official duties of the commissioner, officer, or employee, or under any other circumstance which could reasonably be expected to influence, or which may reasonably be perceived as being expected to influence, the manner in which a commissioner, officer, or employee conducts the public business of the authority; provided however, that a commissioner, officer, or employee may be compensated by any party for any written publication of the commissioner, officer, or employee relating to, or concerning that commissioner's, officer's, or employee's employment or service with the authority.

     b.    No commissioner, officer, or employee having had decision-making authority or responsibility with regard to any authority or authority subsidiary corporation shall accept or engage in employment with any professional service provider, vendor, or independent contractor of the authority for a period of two years after the termination of such employment with the authority or authority subsidiary corporation.

     c.    No authority commissioner, officer, or employee, or authority subsidiary corporation employee, shall solicit, receive or agree to receive, whether directly or indirectly, any ticket or other form of admission to any place of entertainment that is provided free of charge or at a discounted rate by the sponsor, promoter, performer, or operator of the event or entertainment venue unless the same free or reduced admission is available to (1) the public, (2) a class consisting of all officers or employees of Delaware or New Jersey state agencies, as appropriate, whether or not restricted on the basis of geographic consideration, (3) all members of a group or class in which membership is unrelated to authority service, (4) all members of an organization, such as an employees' association or state or other public entity credit union, in which membership is related to authority service, or (5) a group or class that is not defined in a manner that specifically discriminates among state or authority officers or employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay.  Free or discounted admission available to the member of the immediate family member of a commissioner, officer or employee shall be treated as available to the officer, employee, or member for the purposes of this subsection.

     As used in this subsection, "immediate family member" of a person means the person's spouse and any parent, child, or sibling of the person residing in the same household as the person; and "place of entertainment" means any privately or publicly owned and operated entertainment facility within or outside of the states of Delaware or New Jersey, such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held and for which an entry fee is charged.

 

     4.    Any commissioner, officer, or employee of the authority or any of its subsidiary corporations who willfully engages in conduct, or upon whom a benefit is conferred, in violation of the provisions of P.L.    , c.     (C.   ) (pending before the Legislature as this bill) shall be subject to removal from office or employment and shall be fined not less than $500 nor more than $10,000, which penalty may be collected in a summary proceeding pursuant to the laws of the state in which the commissioner, officer, or employee is employed by the authority or an authority subsidiary corporation.

 

     5.    The Governor is hereby authorized to apply on behalf of the State of New Jersey to the Congress of the United States for its consent and approval to such supplemental compact or agreement, but in the absence of such consent and approval, the Delaware River and Bay Authority shall have all the powers the State of Delaware and the State of New Jersey may confer upon it without the consent and approval of Congress.

 

     6.    This act shall take effect immediately, but shall remain inoperative until the enactment into law of legislation substantially similar to P.L.    , c.     (C.   ) (pending before the Legislature as this bill) by the State of Delaware, but if such legislation already has been enacted prior to the enactment of this act, this act shall take effect immediately, but shall not be construed to impair any vested right or obligation under any contract or collective bargaining agreement prior to the date of enactment.

STATEMENT

 

     This bill supplements the compact between the State of Delaware and the State of New Jersey creating the Delaware River and Bay Authority ("DRBA").  The bill makes changes to the compact to impose various restrictions upon the DRBA, its subsidiary corporations, and the commissioners, officers, and employees of the authority and its subsidiary corporations.

     The bill prohibits the DRBA and its subsidiary corporations from:

·       compensating any commissioner, officer, or employee for expenses related to commuting or a personal vehicle;

·       exempting any commissioner, officer, or employee, or former commissioner, officer, or employee from payment of any toll for use of any of its tolled facilities or from payment of fares, or reimbursing any such individual for use of any of its tolled facilities or transportation services or from payment of any other expenses for commuting between home and work or for travel not directly related to the public business of the authority;

·       providing to any commissioner, officer, or employee a driver whose assigned full-time or part-time duties are to operate any motor vehicle in which the commissioner, officer, or employee, or an immediate family member, is a passenger, unless the driver is a law enforcement officer who is assigned also to provide for the security of the commissioner, officer, or employee when the need for such security has been documented;

·       compensating any commissioner, officer, or employee for overnight travel on behalf of the authority or for purposes of conducting authority business unless such travel arrangements and itinerary are approved in writing by the authority commissioners at a public meeting.  An exception would be allowed in emergent situations relating to the authority's business;

·       extending to any commissioner, officer, or employee a personal line of credit or any other form of credit agreement for any purpose unless the use of a credit is directly related and essential to the performance of those official duties of the commissioner, officer, or employee, as documented in writing, that concern the maintenance of security for specified persons or property, law enforcement, inspections or audits of regulated facilities, entities, or persons, or the health, safety, and welfare of members of the public;

·       providing to any commissioner, officer, or employee any personal expense allowance or contingent fund for personal or official expenses except where such allowance or fund is expressly provided for by statute or legislative appropriation;

·       providing to any commissioner, officer, or employee an allowance, stipend, subsidy, reimbursement or other form of payment for the purchase, lease, or maintenance of a residence; and

·       providing tuition reimbursement unless (1) the course is taken at an accredited public institution of higher education in Delaware or New Jersey, (2) the course is directly related to the skills and knowledge required for the duties being performed by the officer or employee, or required for the performance of the duties of a position to which the officer or employee may directly be promoted from the current position, and (3) the officer or employee agrees to remain an officer or employee for five years after the final tuition reimbursement is made.  The amount of reimbursement cannot exceed 50 percent of the tuition.

      The bill prohibits DRBA commissioners, officers, and employees, including employees of its subsidiary corporations, from:

·       soliciting or accepting any compensation, reward, employment, gift, honorarium, out-of-State travel or subsistence expense, or other thing of value from any source other than the authority for any service related to the official duties of the commissioner, officer, or employee or under any other any circumstance which could reasonably be expected to influence the manner in which authority business is conducted;

·       engaging in employment with any professional service provider, vendor, or independent contractor of the authority for two years after termination;

·       accepting use of a commission, or commission subsidiary-owned residence for purposes not directly related and essential to the performance of those official duties of the officer or employee; and

·       soliciting, receiving or agreeing to receive, whether directly or indirectly, any ticket or other form of admission to any place of entertainment that is provided free of charge or at a discounted rate by the sponsor, promoter, performer, or operator of the event or entertainment venue unless the same free or reduced admission is available to (a) the public; (b) a class consisting of all officers or employees of Delaware or New Jersey state agencies, as appropriate, whether or not restricted on the basis of geographic consideration; (c) all members of a group or class in which membership is unrelated to authority service; (d) all members of an organization, such as an employees' association or state or other public entity credit union, in which membership is related to authority service; or (e) a group or class that is not defined in a manner that specifically discriminates among state or authority officers or employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay.

     Any commissioner, officer, or employee of the authority or its subsidiary corporations who willfully engages in conduct, or accepts a benefit, in violation of the provisions of this bill would be subject to removal from office or employment and subject to a fine of between $500 and $10,000.

     The enactment by Delaware of substantially similar legislation would be required, and approval of Congress may be required, before the supplemental compact authorized by this bill may become operative.