Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
SYNOPSIS
Prohibits member of Legislature from holding public office, employment, or position with public entity or body while serving as legislator.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a member of the Legislature holding another public position, amending N.J.S.40A:9-4 and supplementing chapter 11 of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A member of the Legislature of this State shall not hold any public office, employment, or position, with a public entity or public body, whether or not compensated and whether or not part-time or full-time, while serving as a member of the Legislature, except that when a person, on the effective date of P.L. , c. (pending before the Legislature as this bill), is a member of the Legislature and holds simultaneously a public office, employment, or position, the person may continue to hold that public office, employment, or position if service therein is continuous following that effective date.
As used in this section,
"public entity" means the State, any county, municipality, district, public authority, public agency and any other political subdivision or public body in the State and includes a public institution of higher education in this State; and
"public body' means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as an advisory body or as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds, but does not mean a commission, committee, or other body appointed by the Legislature whose main purpose is to aid or assist the Legislature in performing its functions or the Apportionment Commission established under Article IV, Section III of the Constitution.
2. N.J.S. 40A:9-4 is amended to read as follows:
40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) [It shall be lawful for a member of the Legislature of the State to hold simultaneously any appointive office or position in county or municipal government] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill).
(3) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which the incumbent believes he or she has a conflict of duty or of interest, nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.
(4) a. (Deleted by amendment, P.L.2007, c.161).
b. (Deleted by amendment, P.L.2007, c.161).
c. For the purposes of this section the term "elective office" shall mean an office to which an incumbent is elected by the vote of the general electorate.
(5) Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L.2007, c.161, holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161.
(6) It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member.
(cf: P.L.2009, c.206, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill prohibits a member of Legislature from holding any public office, employment, or position with a public entity or public body in this State while serving as a legislator, whether or not the position is compensated, part-time, or full-time.
A member of Legislature who, on the effective date of this bill, holds simultaneously any such position may continue to hold that position simultaneously if service therein is continuous following the effective date of this bill.
Members of the Legislature are already prohibited from holding simultaneously another elective public office.