Bill Text: NJ S2932 | 2022-2023 | Regular Session | Introduced
Bill Title: Makes public employee retaliation against member of public crime of second degree.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-06-27 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2932 Detail]
Download: New_Jersey-2022-S2932-Introduced.html
Sponsored by:
Senator SAMUEL D. THOMPSON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Makes public employee retaliation against member of public crime of second degree.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public employee retaliation against the public and amending N.J.S.2C:30-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:30-2 is amended to read as follows:
2C:30-2. A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
c. He knowingly takes retaliatory action against a member of the public because the member of the public:
(1) Discloses, or threatens to disclose to the public employee's employer or to a public body an activity, policy or practice of the employee, that the member of the public reasonably believes:
(a) is in violation of a law, or a rule or regulation promulgated pursuant to law; or
(b) is fraudulent or criminal;
(2) Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employee; or
(3) Objects to, or refuses to participate in any activity, policy or practice which the member of the public reasonably believes:
(a) is in violation of a law, or a rule or regulation promulgated pursuant to law;
(b) is fraudulent or criminal; or
(c) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
Official misconduct is a crime
of the second degree. If the benefit obtained or sought to be obtained, or of
which another is deprived or sought to be deprived, is of a value of $200.00
or less, the offense of official misconduct is a crime of the third degree. Public
employee retaliatory action against a member of the public pursuant to
subsection c. of this section is a crime of the second degree, regardless of
the value of any benefit or deprivation of a benefit to the member of the
public.
d. As used in this section, "retaliatory action" means any adverse action taken by a public employee against a member of the public that is not permitted by law or regulation in response to an action or failure to act of the member of the public, or that constitutes a misuse of the employee's official duties or office for the purpose of harassing or otherwise wrongfully harming the member of the public.
(cf: P.L.1979, c.178, s.61)
2. This act shall take effect immediately.
STATEMENT
This bill makes it a crime of the second degree for a public employee to take retaliatory action against a member of the public because the member of the public:
(1) Discloses, or threatens to disclose to the public employee's employer or to a public body an activity, policy or practice of the employee, that the member of the public reasonably believes:
(a) is in violation of a law, or a rule or regulation promulgated pursuant to law; or
(b) is fraudulent or criminal;
(2) Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employee; or
(3) Objects to, or refuses to participate in any activity, policy or practice which the member of the public reasonably believes:
(a) is in violation of a law, or a rule or regulation promulgated pursuant to law;
(b) is fraudulent or criminal; or
(c) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
Current law provides whistleblower protections for public employees but does not specifically address retaliatory action by a public employee against a member of the public if the member of the public acts as a whistleblower.
