Will New Jersey Improve Its Local Government Ethics Program?
<br>New Jersey has one of the oddest approaches to local government
ethics. Like several states, including Massachusetts,
California, and Florida, a state ethics program has jurisdiction
over local officials. But unlike other states, the state ethics
program is not run by the state ethics commission. It is run by the
Department of Community Affairs.<br>
<br>
Go to <a href="http://www.state.nj.us/dca/" target="”_blank”">the Community Affairs
homepag</a>e, and there is no mention of ethics anywhere. When you
click on Divisions, the closest division to ethics is Local
Government Services, which "works with local governments to ensure
their financial integrity and solvency, and to support their efforts
to comply with State laws and regulations."<br>
<br>
Go <a href="http://www.state.nj.us/dca/divisions/dlgs/" target="”_blank”">the Local
Government Services homepage</a>, and you find that Ethics Law and
Complaints is listed in the midst of 15 programs.<br>
<br>
Go <a href="http://www.state.nj.us/dca/divisions/dlgs/programs/ethics.html" target="”_blank”">the
ethics homepage</a>, and you find six categories: financial
disclosure, local government officer rosters, marriage and civil
union ceremonies (!), attorney general opinions (most of which
involve who is a "local government officer"), papers and
publications (including the state ethics law, rules of procedure,
and one advisory opinion), and local ethics board (a link to a list
of them, with a designation of the few that have been approved by
the Local Finance Board, which doesn't seem an appropriate body to
deal with government ethics).<br>
<br>
In short, the state's ethics program appears to be a mess. There is
one advisory opinion, no decisions, no meeting minutes, no hint of
how the system works, no guidance.<br>
<br>
But there is good news. <a href="http://legiscan.com/NJ/bill/S2068/2012" target="”_blank”">Senate bill S-2068</a>
has been filed, which would hand local government ethics over to the
state ethics commission and require that local government and school
officials be covered by the same ethics laws as state officials. The
bad news is that it was filed in June, and does not appear to have
gone anywhere.<br>
<br>
But one of the sponsors, Tom Kean, Jr., the Senate Republican
leader, is still pushing the bill. In <a href="http://www.senatenj.com/index.php/tomkean/senator-kean-pushes-for-tough…; target="”_blank”">a
January 29 press release</a>, he says, “Fragmented ethics
oversight that subjects different levels of government to different
standards is a recipe for violating the public trust. My legislation
subjects the government closest to the people — local government —
to the higher ethical standards required of state officials and
streamlines enforcement of conflicts of interest laws. As the
legislative session for 2013 ramps up, I call on the Senate
President to ensure that this legislation is given consideration and
a vote.”<br>
<br>
To those who consider New Jersey a cesspool of corruption, this
might not seem very important. But New Jersey is supposed to have
put together a good state ethics program. <a href="http://www.stateintegrity.org/your_state" target="”_blank”">State Integrity's
recent report card on all 50 states</a> put New Jersey No. 1. If the
state ethics commission is given sufficient funding, its expertise
should make quality advice and training available at the local
level, and provide independent enforcement, as well.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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