Bill Text: NJ A4942 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides that certain persons holding public office or employment who enter into certain civil settlement agreements with public entity will forfeit public office or employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-24 - Introduced, Referred to Assembly State and Local Government Committee [A4942 Detail]
Download: New_Jersey-2018-A4942-Introduced.html
Sponsored by:
Assemblywoman SERENA DIMASO
District 13 (Monmouth)
SYNOPSIS
Provides that certain persons holding public office or employment who enter into certain civil settlement agreements with public entity will forfeit public office or employment.
CURRENT VERSION OF TEXT
As introduced.
An Act providing that persons holding public office or employment who enter into certain civil settlement agreements with a public entity will forfeit public office or employment and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person holding State or local government elective public office who enters into a civil settlement agreement with a public entity in which that person agrees to pay restitution to the public entity for benefits improperly received, and in which the public entity agrees not to refer the matter for criminal prosecution unless the person fails to comply with the agreement, shall forfeit that office and shall be ineligible to hold State or local government public office or employment for a period of ten years.
b. Any person holding State or local government employment who has a fiduciary duty to the public or responsibility for the awarding of public contracts who violates that duty or improperly benefits from the awarding of a contract and enters into a civil settlement agreement with a public entity in which that person agrees to pay restitution to the public entity for any benefits improperly received, and in which the public entity agrees not to refer the matter for criminal prosecution unless the person fails to comply with the agreement, shall forfeit that employment and shall be ineligible to hold State or local government public office or employment for a period of ten years.
c. Any person who enters into a civil settlement agreement shall not be entitled to any compromise with respect to the payment of full restitution under that agreement and shall make full restitution of all benefits improperly received."
2. This act shall take effect immediately
STATEMENT
Under this bill, any person who enters into a civil settlement agreement with a public entity will not be entitled to any compromise with respect to the payment of full restitution under that agreement and will make full restitution of all benefits improperly received.
The bill provides that any person holding State or local government elective public office who enters into a civil settlement agreement with a public entity in which that person agrees to pay restitution to the public entity for benefits improperly received, and in which the public entity agrees not to refer the matter for criminal prosecution unless the person fails to comply with the agreement, will forfeit that office and will be ineligible to again hold State or local government public office or employment for a period of ten years.
The bill also provides that any person holding State or local government employment who has a fiduciary duty to the public or responsibility for the awarding of public contracts who violates that duty or improperly benefits from the awarding of a contract and enters into a civil settlement agreement with a public entity in which that person agrees to pay restitution to the public entity for any benefits improperly received, and in which the public entity agrees not to refer the matter for criminal prosecution unless the person fails to comply with the agreement, will forfeit that employment and will be ineligible to hold State or local government public office or employment for a period of ten years.
