Bill Text: NJ A391 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires school board member and local elective office candidates to file financial disclosure statements; requires criminal background disclosure for school officials and school board member candidates.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A391 Detail]
Download: New_Jersey-2010-A391-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman LOUIS D. GREENWALD
District 6 (Camden)
Assemblywoman PAMELA R. LAMPITT
District 6 (Camden)
Co-Sponsored by:
Assemblymen Gusciora, Green, Assemblywoman Greenstein, Assemblymen Conners, Chivukula and Coutinho
SYNOPSIS
Requires school board member and local elective office candidates to file financial disclosure statements; requires criminal background disclosure for school officials and school board member candidates.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning disclosure by school officials and candidates for local public offices, and amending P.L.1991, c.29, P.L.1991, c.393 and P.L.1995, c.278.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1991, c.393 (C.18A:12-25) is amended to read as follows:
5. a. On a form to be prescribed by the commission and to be filed annually with the commission, each school official shall state:
(1) whether any relative of the school official or any other person related to the school official by marriage is employed by the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the name and position of each such relative;
(2) whether the school official or a relative is a party to a contract with the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the nature of the contract; [and]
(3) whether the school official or a relative is employed by, receives compensation from, or has an interest in any business which is a party to a contract with the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the name of each such business; and
(4) whether the school official has been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or forth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; and if so convicted, the school official shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. The school official may, as an alternative, submit with the statement a copy of an official document that provides such information. If the school official has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.
b. Each statement shall be signed by the school official filing it, and the school official's signature shall constitute a representation of the accuracy of the contents of the statement.
c. A school official who fails to file a statement or who files a statement containing information which the school official knows to be false shall be subject to reprimand, censure, suspension, or removal pursuant to the procedures established in section 9 of P.L.1991, c.393 (C.18A:12-29). Nothing in this subsection shall be construed to prevent or limit criminal prosecution.
d. All statements filed pursuant to this section shall be retained by the commission as public records.
(cf: P.L.1995, c.14, s.3)
2. Section 6 of P.L.1991, c.393 (C.18A:12-26) is amended to read as follows:
6. a. Each school official shall annually file a financial disclosure statement with the School Ethics Commission. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the school official's position:
(1) Each source of income, earned or unearned, exceeding $2,000 received by the school official or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security or interest derived from a financial institution is the source of income, the security or interest derived from a financial institution need not be reported unless the school official or member of his immediate family has an interest in the business organization or financial institution;
(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the school official or a member of his immediate family during the preceding calendar year;
(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $250 from any single source, excluding relatives, received by the school official or a member of his immediate family during the preceding calendar year; and
(4) The name and address of all business organizations in which the school official or a member of his immediate family had an interest during the preceding calendar year.
b. The commission shall prescribe a financial disclosure statement form for filing purposes. Initial financial disclosure statements shall be filed within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.
c. All financial disclosure statements filed shall be public records.
d. Any candidate for election to the office of member of a school board shall file the financial disclosure statement required by this section on or before the 10th day following the last day for filing a petition to appear on the ballot for that office. The statement shall be filed with the commission.
Notwithstanding the provisions of this section to the contrary, any person who files a disclosure statement as a candidate shall not be required to also file a disclosure statement for that year as
required by this section.
(cf: P.L.1991, c.393, s.6)
3. Section 6 of P.L.1995, c.278 (C.19:60-6) is amended to read as follows:
6. Accompanying the nominating petition and to be filed therewith, there shall be a certificate signed by the person endorsed in the petition stating that:
a. The person is qualified to be elected to the office for which the person is nominated, including a specific affirmation that the person is not disqualified as a voter pursuant to R.S.19:4-1;
b. The person consents to stand as a candidate for election; [and]
c. If elected, the person agrees to accept and qualify into that office; and
d. The person has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or forth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime. If so convicted, the person shall disclose on the certificate the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. The person may, as an alternative, submit with the certificate a copy of an official document that provides such information. If the person has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure. If the same person is nominated for the same office in more than one petition, the certificate shall be annexed to one of the petitions.
(cf: P.L.1995, c.278, s.6)
4. Section 6 of P.L.1991, c.29 (C.40A:9-22.6) is amended to read as follows:
6. a. Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the local government officer's job title:
(1) Each source of income, earned or unearned, exceeding $2,000 received by the local government officer or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his immediate family has an interest in the business organization;
(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his immediate family during the preceding calendar year;
(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his immediate family during the preceding calendar year;
(4) The name and address of all business organizations in which the local government officer or a member of his immediate family had an interest during the preceding calendar year; and
(5) The address and brief description of all real property in the State in which the local government officer or a member of his immediate family held an interest during the preceding calendar year.
b. The Local Finance Board shall prescribe a financial disclosure statement form for filing purposes. For counties and municipalities which have not established ethics boards, the board shall transmit sufficient copies of the forms to the municipal clerk in each municipality and the county clerk in each county for filing in accordance with this act. The municipal clerk shall make the forms available to the local government officers serving the municipality. The county clerk shall make the forms available to the local government officers serving the county.
For counties and municipalities which have established ethics boards, the Local Finance Board shall transmit sufficient copies of the forms to the ethics boards for filing in accordance with this act. The ethics boards shall make the forms available to the local government officers within their jurisdiction.
For local government officers serving the municipality, the original statement shall be filed with the municipal clerk in the municipality in which the local government officer serves. For local government officers serving the county, the original statement shall be filed with the county clerk in the county in which the local government officer serves. A copy of the statement shall be filed with the board. In counties or municipalities which have established ethics boards a copy of the statement shall also be filed with the ethics board having jurisdiction over the local government officer. Local government officers shall file the initial financial disclosure statement within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.
c. All financial disclosure statements filed shall be public records.
d. Any candidate for election to any elective office of a local government agency shall file the financial disclosure statement required by this section on or before the 10th day following the last day for filing a petition to appear on the ballot for that office. The statement shall be filed with the Local Finance Board.
Notwithstanding the provisions of this section to the contrary, any person who files a disclosure statement as a candidate shall not be required to also file a disclosure statement for that year as required by this section.
(cf: P.L.1991, c.29, s.6)
5. This act shall take effect immediately.
STATEMENT
This bill requires that any candidate for member of a school board, or for any elective office of a local government agency, must file the financial disclosure statement required currently by law of officials in those positions on or before the 10th day following the last day for filing a petition to appear on the ballot for that office. The statement must be filed with either the School Ethics Commission or the Local Finance Board, as appropriate. Any person who files a disclosure statement as a candidate would not be required to also file a disclosure statement for that year as required by current law.
The bill also requires that school officials disclose on the annual financial disclosure statement whether the school official has any past criminal convictions graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or forth degree, or any other offense in any other jurisdiction which, if committed in this State, would constitute such a crime. Candidates for member of a school board would be required to disclose any similar past criminal convictions on the certificate signed by the candidate and accompanying nominating petitions filed prior to the annual school election.
