governor christie conditionally vetoes s2220

8/6/2019 Governor Christie Conditionally Vetoes S2220

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STATE OF NEW JERSEYEXECUTIVE DEPARTMENT

December 9, 2010

SENATEBILLNO. 2220(First Reprint)

To the Senate:Pursuant to Article V, Section I, Paragraph 14 of the New

Jersey Constitution, I am returning Senate Bill No. 2220 (FirstReprint) with my recommendations for reconsideration.

This bill addresses the payment to public employees of so-called "supplemental compensation" for unused sick days at thetime of retirement, as well as the accumulation of vacationleave and the undocumented use of sick leave during the twelvemonths prior to a public employee's retirement.

I start with this simple, commonsense proposition: sickleave is to be used when you are sick, not as a supplementalretirement fund paid for by the taxpayers for people who alreadyhave taxpayer funded pensions. While I recognize the sponsors'efforts to address public employee benefits, this bill does notsufficiently remedy the gaps in current law that requiretaxpayers to continual.ly fund unreasonable payouts to publicemployees. Moreover, I believe the safeguards established inthe bill to ensure that sick leave is used only for legitimatehealth absences should be expanded to apply to all publicemployees. I am, therefore, recommending a number of commonsense changes to strengthen the bill's provisions and providegreater relief to NewJersey taxpayers.

As currently drafted, the bill would establish a $15,000cap on payments for accumulated unused sick leave to current andfuture officers and employees of local governments and schooldistricts. I supported this type of reform when I signedlegislation earlier this year establishing a $15,000 cap onsupplemental compensation payments for unused sick leave tonewly hired local and school employees. State employees have

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STATE OF NEW JERSEYEXECUTlVE DEPARTMENT2

been subject to a cap on such "supplemental compensation" foryears, and this bill would close the current loopholes so thatall local government and school district employees are subjectto the same cap.

But truly reforming the current practice of payingunlimited "supplemental compensation" requires that we gofurther than this legislation does in its current form.

Whatever rationale once justified paying public employees cashfor unused sick days at retirement, the time has come for thepractice to end. Sick days provide time off for employees whoare sick, and do not represent an additional form ofcompensation for employees who are fortunate enough to remainhealthy. These cash payouts can be substantial and oftentimesoverwhelm municipal budgets. Indeed, a number of municipalitieshave resorted to issuing bonds in order to pay "supplementalcompensation" to retiring public employees.

Accordingly, I recommend that the practice of distributingcash payouts for unused sick leave be phased out by prohibitingsupplemental compensation for sick days that accumulate afterthe effective date of the act. The law should apply equally toState employees and those employed by local governments andschool districts. Employees will still be able to accumulatesick days, but those days could be used only for a propermedical purpose, not as a retirement benefit. Further, to

assist in reducing supplemental compensation payouts, the billshould provide that any sick leave accrued prior to theeffective date of the act must be used before sick leave accruedafter.

The bill would aIso impose limits on the use of sick leaveby a State, local government, or school district employee. Inits current form, the bill would prohibit the use of six or more



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STATE OF NEW JERSEYEXECUTIVE DEPARTMENT3

consecutive days of accumulated sick leave without medicalnecessity verified in writing by a physician. To enforce thisrequirement, the bill would allow an employer to require theofficer or employee to submit to an examination by a physicianselected by the employer to verify the claimed medicalnecessity. Critically, however, the bill only would imposethese limitations on employees hired after its effective date,and then only in the twelve months before the employee'sretirement.

While I believe the limitations proposed by the bill arearguably reasonable to insure that sick leave abuse is notencouraged, there is no sensible reason why these requirementsshould not also apply t.ocurrent employees. Similarly, in lightof the potential for frivolous claims of sick leave to occur atany time during an employee's service, it makes no sense tolimit the bill's provisions to the twelve months prior toretirement; rather, the bill should apply to the entirety of apublic employee's tenure.

The bill also addresses unused vacation leave, allowing allpublic employees to carry forward one year of unused time afterthe effective date. While it 1S reasonable to allow thislimited one year carryover, the bill should provide thatvacation leave accrued prior to the effective date of the actmust be used before newly accrued vacation time.

Finally, it is essential that the bill address the issue ofsupplemental compensation for employees who have, or may have,abused the public trus1:. Recently, a school district employeeretired while under indictment for corruption related to hisposition and press accounts indicate that he will be paid forhis unused leave. To avoid such an inequitable result, myrecommendations would require the payment of compensation be



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suspended for an employee under indictment for a crime thatinvolves or touches his or her office. If convicted of thatcrime, any supplemental compensation would be forfeited.

Accordingly, I herewith return Senate Bill No. 2220 (FirstReprint) and recommend that it be amended as follows:

Page 2, Title, Lines 2-3: Delete "P.L.2010,1[,N.J.S.40A:4-53,]1N.J.S.IIA:6-5,"c.3and

Page 2, Title, Line 4: Delete40A of "Titlesthe New18A andJerseyinsertof theStatutes" and"various partsstatutory law"Page 2, Section 1, Line 11: After "3." insert "a."Page 2, Section 1, Lines 13-14: Delete "for accumulatedunused sick leave in anamount in excess of$15,000" and insert "forunused sick leaveaccumulated after theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or after theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date"Page 2, Section 1, Line 29: Deleteretirement," " uponPage 2, Section 1, Line 30: Delete "for any unusedleave not more than"Page 2, Section 1, Line 31: Delete "or not more than$15,000, whichever isgreater." and insert ";provided, however thatany sick leaveaccumulated prior to theeffective date of P.L

c. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or after



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the expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.b. (L) Payment ofsupplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for asubstantially similaroffense under the lawsof another state or theUnited States whichwould have been such acrime under the laws ofthis State./I

Page 2, Section 2, Line 36: After "5.11 insert "a."Page 3, Section 2, Line 12: After "vacation leave"

insert "i provided,however that anyvacation leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforevacation leave accruedafter the effective dateof P.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.



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b. (1) Payment ofsupplementalcompensation to anyofficer or employee foraccumulated unusedvacation leave shall besuspended if an officeror employee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unusedvacation leave shall beforfeited if an officeror employee is convictedof a crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for asubstantially similaroffense under the lawsof another state or theUnited States whichwould have been such acrime under the laws ofthis State"

Page 3, Section 3, Line 17: After "2." Insert "a."

Page 3, Section 3, Lines 21-22: Delete "accumulatedunused sick leave in anamount in excess of$15,000" and insert"unused sick leaveaccumulated after theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or after theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date"

Page 3, Section 3, Line 37: Deleteretirement" " upon

Page 3, Section 3, Line 38: Delete "for any unusedleave not more than"Page 3, Section 3, Line 39: Delete "or not more than$15,000, whichever isgreater." and insert "iprovided, however thatany sick leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before the



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STATE OF NEW JERSEYEXECUTiVE DEPARTMENT7

expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofPaL c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.b. (1) Payment ofsupplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.20D7,c.49, or for asubstantially similaroffense under the lawsof another state or theunited States whichwould have been such acrime under the laws ofthis State."

Page 3, Section 4, Line 44: After "4." insert "a."Page 4, Section 4, Line 18: After "vacation leave"insert "j provided,however that anyvacation leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date

shall be used beforevacation leave accrued



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after the effective dateof P.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.b. (I) Payment ofsupplementalcompensation to anyofficer or employee foraccumulated unusedvacation leave shall besuspended if an officeror employee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.20071c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unusedvacation leave shall beforfeited if an officeror employee is convictedof a crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.20071c.49 I or for asubstantially similaroffense under the lawsof another state or theunited States whichwould have been such acrime under the laws ofthis state"

Page 41 Line 20: Insert new sections 5through 9:5. Section 42 ofP.L.20071 c.92 (C.11:6-19.1) is amended to readas follows:42. a. Notwithstandingany -law I rule orregulation to thecontrarYI a politicalsubdivision of theStatel or an agency Iauthority orinstrumentality thereoflthat has adopted theprovisions of Title IlAof the New JerseyStatutesl shall not paysupplementalcompensation to anyofficer or employee for[accumulated unused sickleave in an amount inexcess of $15/000]unused sick leaveaccumulated after the



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STATE OF NEW JERSEYEXECUTiVE DEPARTMENT

9

effective date of P.Lc. (pending beforethe Legislature as thisbill) or after theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date,except that an officeror employee who: (1) onthe effective date ofP.L.2007, c.92(C.43:1SC-l et al.), orupon the expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that datehas accrued supplementalcompensation based uponaccumulated unused sickleave shall, uponretirement, be eligibleto receive for anyunused leave not morethan the amount soaccumulated or not morethan $15,000, whicheveror (2)officer orafter thedate of

c.92al.) andaccrued

is greater;becomes anemployeeeffectiveP.L.2007,(C.43:1SC-l ethas previouslysupplementalcompensation based uponaccumulated unused sickleave shall, uponretirement, be eligibleto receive for anyunused leave not morethan the amount sopreviously accumulatedor not more than$15,000, whichever isgreater. Supplementalcompensation shall bepayable only at the timeof retirement from aState-administered orlocally-administeredretirement system basedon the leave credited onthe date of retirement;provided, however thatany sick leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable to



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that officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.As used in thissection, l10fficer oremployee 11 means anelected official; or aperson appointed by theGovernor with the adviceandconsent of the Senate,or appointed by theGovernor to serve at thepleasure of the Governoronly during his or herterm of office; or aperson appointed by anelected public officialor elected governingbody of a politicalsubdivision of theState, with the specificconsent or approval ofthe elected governingbody of the politicalsubdivision that 1Ssubstantially similar innature to the advice andconsent of the Senatefor appointments by theGovernor of the State asthat similarity 1Sdetermined by theelected governing bodyand set forth in anadopted ordinance orresolution, pursuant toguidelines or policythat shall beestablished by the LocalFinance Board in theDepartment of CommunityAffairs, but notincluding a person whois employed or appointedin the regular or normalcourse of employment orappointment proceduresand consented to orapproved in a general orroutine mannerappropriate for andfollowed by thepolitical subdivision,or the agency, authorityor instrumentality of asubdivision, or a personwho holds a professional



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license or certificateto perform and isperforming as acertified healthofficerl tax assessorltax collector I municipalplanner I chief financialofficerl registeredmunicipal clerklconstruction codeofficiall licenseduniform subcodeinspectorI qualifiedpurchasing agent I orcertified public worksmanager.b. (1) Payment ofsupplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.20071c.49 (C.2C:43-6.5).

(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.20071c.49 I or for asubstantially similaroffense under the lawsof another state or theunited States whichwould have been such acrime under the laws ofthis State.(cf: P. L.2007, c.921s.42)

6. Section 43 ofP. L .2007 I c.92 (C. 4OA: 9-10.2) is amended to readas follows:43. a.Notwithstanding any law,rule or regulation tothe contrary, apolitical subdivision ofthe State, or an agency,authority orinstrumentality thereof,that has not adopted theprovisions of Title llAof the New JerseyStatutesI shall not paysupplementalcompensation to anyofficer or employee [for



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accumulated unused sickleave in an amount inexcess of $15,000] forunused sick leaveaccumulated after theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or after theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date,except that an officeror employee who: (1) onthe effective date ofP.L.2007, c.92(C.43:15C-1 et a1.), orupon the expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that datehas accrued supplementalcompensation based uponaccumulated unused sickleave shall, uponretirement, be eligibleto receive for anyunused leave not morethan the amount soaccumulated or not morethan $15,000, whicheveris greater; or (2)becomes an officer oremployee after theeffective date ofP.L.2007, c.92(C.43:15C-1 et al.) andhas previously accruedsupplementalcompensation based uponaccumulated unused sickleave shall,retirement, beto receiveunused leavethan thepreviouslyor not$15,000,greater.Supplementalcompensation shall bepayable only at the timeof retirement from aState-administered orlocally-administeredretirement system basedon the leave credited onthe date of retirement;provided, however thatany sick leaveaccumulated prior to theeffective date of P.Lc. (pending before

uponeligiblefor anynot moreamount soaccumulatedmore thanwhichever is



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the Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.As used in thissection, "officer oremployee" means anelected official; or aperson appointed by theGovernor with the adviceand consent of theSenate, or appointed bythe Governor to serve atthe pleasure of theGovernor only during hisor her term of office;or a person appointed byan elected publicofficial or electedgoverning body of apolitical subdivision ofthe State, with thespecific consent orapproval of the electedgoverning body of thepolitical subdivisionthat 1S substantiallysimilar in nature to theadvice and consent ofthe Senate forappointments by theGovernor of the State asthat similarity isdetermined by theelected governing bodyand set forth in anadopted ordinance orresolution, pursuant toguidelines or policythat shall beestablished by the LocalFinance Board in theDepartment of CommunityAffairs, but notincluding a person whois employed or appointedin the regular or normalcourse of employment orappointment proceduresand consented to orapproved in a general orroutine mannerappropriate for and



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effective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.As used in thissection, "officer oremployee" means anelected official; or aperson appointed by theGovernor with the adviceand consent of theSenate, or appointed bythe Governor to serve atthe pleasure of theGovernor only during hisor her term of office;or a person appointed byan elected publicofficial or electedgoverning body of thepolitical subdivision,with the specificconsent or approval ofthe elected governingbody of the politicalsubdivision that issubstantially similar innature to the advice andconsent of the Senatefor appointments by theGovernor of the State asthat similarity isdetermined by theelected governing bodyand set forth in anadopted resolution,pursuant to guidelinesor policy that shall beestablished by theDepartment of Education,but not including aperson who is employedor appointed in theregular or normal courseof employment orappointment proceduresand consented to orapproved in a general orroutine mannerappropriate for andfollowed by the



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political subdivision,or the agency orinstrumentality thereof.b. (1) Payment ofsupplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).

(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for asubstantially similaroffense under the lawsof another state or theunited States whichwould have been such acrime under the laws ofthis State.(cf: P.L.2007, c.92rs.44)

8. Section 45 ofP.L.2007 r c.92 (C.4OA:9-10.3) is amended to readas follows:45. a. Notwithstandingany law or any rule orregulation to thecontrary, an officer oremployee of a politicalsubdivision of theState, or an agency,authority, orinstrumentality of asubdivision, that hasnot adopted theprovisions of Title 11A,Civil Service, of theNew Jersey Statutes, whodoes not take vacationleave that accrues on orafter the effective dateof P.L.2007, c.92(C.43:15C-1 et al.), oron or after the date onwhich the person becomesan officer or employee Iin a given year becauseof business demandsshall be granted thataccrued leave onlyduring the nextsucceeding year.



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Governor only during hisor her term of office;or a person appointed byan elected publicofficial or electedgoverning body of apolitical subdivision ofthe .State, with thespecific consent orapproval of the electedgoverning body of thepolitical subdivisionthat is substantiallysimilar in nature to theadvice and consent ofthe Senate forappointments by theGovernor of the State asthat similarity isdetermined by theelected governing bodyand set forth in anadopted ordinance orresolution, pursuant toguidelines or policythat shall beestablished by the LocalFinance Board in theDepartment of CommunityAffairs, but notincluding a person whois employed or appointedin the regular or normalcourse of employment orappointment proceduresand consented to orapproved in a general orroutine mannerappropriate for andfollowed by thepolitical subdivision,or the agency, authorityor instrumentality of asubdivision, or a personwho holds a professionallicense or certificateto perform and isperforming as acertified healthofficer, tax assessor,tax collector, municipalplanner, chief financialofficer, registeredmunicipal clerk,construction codeofficial, licenseduniform subcodeinspector, qualifiedpurchasing agent, orcertified public worksmanager.b. (1) Paymentof supplementalcompensation to anyofficer or employee foraccumulated unusedvacation leave shall besuspended if an officeror employee has been



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indicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unusedvacation leave shall beforfeited if an officeror employee is convictedof a crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c .49, or for asubstantially similaroffense under the lawsof another state or theunited States whichwould have been such acrime under the laws ofthis State.(cf: P.L.2007, c.92,s.45)

9. Section 46 ofP.L.2007, c.92(C.18A:30-9) is amendedto read as follows:46. a. Notwithstandingany -law, rule orregulation to thecontrary, an officer oremployee of a board ofeducation, or an agencyor instrumentalitythereof, who does nottake vacation leave thataccrues on or after theeffective date ofP.L.2007, c.92(C.43:15C-l et al.), oron or after the date onwhich the person becomesan officer or employee,in a given year becauseof business demandsshall be granted thataccrued leave onlyduring the nextsucceeding year.However, vacationleave not taken ln agiven year because ofduties directly relatedto a state of emergencydeclared by the Governormay accumulate at thediscretion of theappointing authorityuntil, pursuant to aplan established by theofficer or employee'sappointing authority,the leave is used or theemployee or officer iscompensated for that



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leave, which shall notbe subject to collectivenegotiation orcollective bargaining.A person who (1) is anofficer or employee onthe effective date ofP.L.2007, c.92(C.43:15C-l et al.), or(2) becomes an officeror employee after thateffective date, and haspreviously accruedvacation leave shall beeligible and shall bepermitted to retain anduse that accruedvacation leave;Erovided, however thatany vacation leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforevacation leave accruedafter the effective dateof P.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.As used in thissection, "officer oremployeeII means anelected official; or aperson appointed by theGovernor with the adviceand consent of theSenate, or appointed bythe Governor to serve atthe pleasure of theGovernor only during hisor her term of office;or a person appointed byan elected publicofficial or electedgoverning body of thepolitical subdivision,with the specificconsent or approval ofthe elected governingbody of the politicalsubdivision that issubstantially similar innature to the advice andconsent of the Senatefor appointments by the



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Governor of the State asthat similarity isdetermined by theelected governing bodyand set forth in anadopted resolution,pursuant to guidelinesor policy that shall beestablished by theDepartment of Education,but not including aperson who is employedor appointed in theregular or normal courseof employment orappointment proceduresand consented to orapproved in a general orroutine mannerappropriate for andfollowed by thepolitical subdivision,or the agency orinstrumentality thereof.b. (1) Payment ofsupplementalcompensation to anyofficer or employee foraccumulated unusedvacation leave shall besuspended if an officeror employee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unusedvacation leave shall beforfeited if an officeror employee is convictedof a crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for asubstantially similaroffense under the lawsof another state or theUnited States whichwould have been such acrime under the laws ofthis State.(cf: P.L.2007, c.92,s.46)/I

Page 4, Section 5, Line 21: Delete "5./1 Insert "10./1Page 4, Section 5, Line 23: After "1./1 Insert "a./IPage 4, Section 5, Lines 27-28: Delete "accumulatedunused sick leave in anamount 1n excess of

$15,000/1 and insert"sick leave accumulatedafter the effective date



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of P.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date"

Page 4, Section 5, Line 43: Deleteretirement,"\\ , upon

Page 4, Section 5, Line 44: Delete "for any unusedleave not more than theamount"Page 4, Section 5, Line 45: Delete "or not more than$15,000, whichever isgreater." and insert ";provided, however thatany sick leaveaccumulated prior to theeffective date of P.Lc. (pending beforethe Legislature as thisbill) or before theexpiration of acollective negotiations

agreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.b. (1) Paymentof supplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for a



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STATE OF NEW JERSEYEXECUTiVE DEPARTMENT

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substantially similaroffense under the lawsof another state or theUnited States whichwould have been such acrime under the laws ofthis State."Page 4, Line 47: Insert new sections 11 -

13:"11. N.J.S.11A:6-16is amended to read asfollows:11A:6-16. a.Supplementalcompensation uponretirement in Stateemployment. Nosupplementalcompensation uponretirement shall be paidto any officer oremployee for unused sickdays accumulated afterthe effective date ofP.L. c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.b. State employeesin the career service,and those in the seniorexecutive andunclassified serviceswho have been grantedsick leave under termsand conditions similarto career serviceemployees, shall beentitled upon retirementfrom a State-administered retirementsystem to receive a lumpsum payment assupplementalcompensation ascalculated pursuant toN.J.S. llA:19-6 for eachfull day of [accumulatedsick leave which iscredited on theeffective date ofretirement] unusedaccumulated sick leavecredited on theeffective date ofP.L.2010, c. {pendingbefore the Legislatureas this bill)i provided,however that any sickleave accumulated priorto the effective date ofP.L c. {pendingbefore the Legislature



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as this bill) or beforethe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that dateshall be used beforesick leave accrued afterthe effective date ofP.L c. (pendingbefore the Legislatureas this bill) or afterthe expiration of acollective negotiationsagreement or contract ofemployment applicable tothat officer or employeein effect on that date.c. (1) Payment ofsupplementalcompensation foraccumulated unused sickleave shall be suspendedif an officer oremployee has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5).(2) Supplementalcompensation foraccumulated unused sickleave shall be forfeitedif an officer oremployee is convicted ofa crime that subjectsthe officer or employeeto the provisions ofsection 6 of P.L.2007,c.49, or for asubstantially similaroffense under the lawsof another state or theUnited States whichwould have been such acrime under the laws ofthis State.(cf: N.J.S.11A:6-16)

12. Section 6 ofP.L.2007, c.49 (C.2C:42-6.5) is amended to readas follows:6. a.Notwithstanding theprovisions of subsectiona. of N.J.S.2C:43-6 andexcept as otherwiseprovided in subsectionc. of this section, aperson who serves or hasserved as a publicofficer or employeeunder the government of

this State, or anypolitical subdivision



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thereof, who isconvicted of a crimethat involves or touchessuch office oremployment as set forthin subsection b. of thissection, shall besentenced to a mandatoryminimum term ofimprisonment withouteligibility for paroleas follows: for a crimeof the fourth degree,the mandatory minimumterm shall be one year;for a crime of the thirddegree, two years; for acrime of the seconddegree, five years; andfor a crime of the firstdegree, 10 years; unlessthe provisions of anyother law provide for ahigher mandatory minimumterm. As used in thissubsection, l1a crimethat involves or touchessuch office oremployment 11 means thatthe crime was relateddirectly to the person'sperformance in, orcircumstances flowingfrom, the specificpublic office oremployment held by theperson.b. Subsection a. of thissection applies to aconviction of any.of thefollowing crimes:(1) ParagraphsubsectionN.J.S.2C:13-S,

(4) ofa. ofcriminalcoercion;(2) N.J.S.2C:20-4, theftby deception, if theamount involved exceeds$10,000;(3) Subsection d. ofN.J.S.2C:20-S, theft byextortion;(4)N.J.S.2C:20-9, theftby failure to makerequired disposition ofproperty received, ifthe amount involvedexceeds $10,000;(S) N.J.S.2C:21-10,commercial bribery;

(6) Section 3P.L.1994,(C.2C:21-2S),laundering;(7) SectionP.L.1999,(C.2C:21-34)I

ofc.121money97 ofc.440false

contract payment claims;



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(8)briberymatters;(9 )threatsimproperofficial

N.J.S.2C:27-2,in officialN.J.S.2C:27-3,and otherinfluence inand politicalmatters;(10) Section 100 ofP.L.1999, c.440(C.2C:27-9), unlawfulofficial businesstransaction whereinterest is involved;(11) Section 5 ofP.L.2003, c.255

(C.2C:27-10), acceptanceor receipt of unlawfulbenefit by publicservant for officialbehavior;(12) Section 6 ofP.L.2003, c.255(C.2C:27-11), offer ofunlawful benefit topublic servant forofficial behavior;(13) N.J.S.2C:28-1,perjury;(14)tamperingwitnesses;(15) N.J.S.2C:28-7,tampering with publicrecords or information;(16) N.J.S.2C:29-4,compounding:(17) N.J.S.2C:30-2,official misconduct;(18) N.J.S.2C:30-3,speculating or wageringon official action orinformation; or(19) SectionP.L.2003, c.317), pattern ofmisconduct.c. (1) On motion by theprosecutor stating thatthe defendant hasprovided substantialassistance in a criminalinvestigation orprosecution of anotherperson, the court maywaive or reduce themandatory minimum termof imprisonment requiredby subsection a. of thissection. The appropriatewaiver or reductionshall be determined bythe court for reasonsstated that may include,but are not limited to,consideration of thefollowing:(i) theevaluation

N.J.S.2C:28-5,with

3 of(C.2C:30-official

ofcourt's

the



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significanceusefulnessdefendant'sgivingweightprosecutor'sof the

andof theassistance,substantialto theevaluationassistancerenderedi(ii) the truthfulness,completeness, andreliability of anyinformation or testimonyprovided by thedefendantj(iii) the nature andextent of the

defendant's assistance;(iv) any injurysuffered, or any dangeror risk of injury to thedefendant or his familyresulting from hisassistance;(v) the timeliness ofthe defendant'sassistance.In making such adetermination, the courtshall give substantialweight to theprosecutor's evaluationof the extent of thedefendant's assistance,particularly where theextent and value of theassistance are difficultto ascertain.(2) If the court findsby clear and convincingevidence thatextraordinarycircumstances exist suchthat imposition of amandatory minimum termwould be a seriousinjustice whichoverrides the need todeter such conduct inothers, the court maywaive or reduce themandatory minimum termof imprisonment requiredby subsection a. of thissection. In making anysuch finding, the courtmust state withspecificity its reasonsfor waiving or reducingthe mandatory minimumsentence that wouldotherwise apply.(3) If, pursuant toparagraph (1) or (2) ofthis subsection, thecourt waives or reducesthe mandatory minimumterm required bysubsection a. of thissection, such sentence



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29

shall not become finalfor 10 days in order topermit the appeal of thesentence by theprosecution.d. (1) A prosecutorshall not recommend theadmission into orconsent to the referralto a pretrialintervention program ofa person who serves orhas served as a publicofficer or employeeunder the government ofthis State, or anypolitical subdivisionthereof, who is chargedwith a crime thatinvolves or touches suchoffice or employment asset forth in subsectionb. of this section,without the priorapproval of the AttorneyGeneral.(2) A person who servesor has served as apublic officer oremployee under thegovernment of thisState, or any politicalsubdivision thereof, whois convicted of a crimethat involves or touchessuch office oremployment as set forthin subsection b. of thissection shall beineligible forparticipation in anyprogram of intensivesupervision during anyperiod of paroleineligibility.e. The Attorney Generalshall develop guidelinesto ensure the uniformexercise of discretionin making determinationsregarding the waiver orreduction of a mandatoryminimum term ofimprisonment pursuant toparagraph (1) ofsubsection c. of thissection andparticipation in apretrial interventionprogram pursuant toparagraph (1) ofsubsection d. of thissection.f. The Attorney Generalshall develop guidelinesor establish a proceduredesigned to provide aState agency as definedin section 2 of



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P.L.1971, c.182(C.52:13D-13), a localgovernment agency asdefined in section 3 ofP.L.1991, c.29 (C.40A:9-22.3), a school districtas defined in section 3P.L.1991, c.393(C.18A:12-23) or otherpublic employer, asappropriate, with noticeof any indictment orconviction of any activeor former officer oremployee of such entityfor a crime thatinvolves or touches suchoffice or employment asset forth in subsectionb. of this section thatwill subject the officeror employee tosentencing under theprovisions of thissection.(cf: P.L.2007, c.49,s.6)13. (New Section) a.The provisions ofP.L.2007, c.92,P.L.2010, c. 3 andN.J.S.IIA:6-16 asamended by P.L. c.(pending before theLegislature as thisbill) regarding thesuspension of payment ofsupplementalcompensation for unusedsick or vacation leaveto an officer oremployee who has beenindicted for a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,.c.49 (C. 2C:43-6.5)shall be prospective inapplication for anycrime or offensecommitted after theeffective date of P.L.c. (pending before theLegislature as thisbill) .b. The provisions ofP.L.2007, c.92,P.L.2010, c. 3 andN.J.S.IIA:6-16 asamended by P.L. c.(pending before theLegislature as thisbill) providing for theforfeiture ofsupplementalcompensation for unusedsick or vacation leave



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of an officer oremployee who has beenconvicted of a crimethat involves or touchessuch office oremployment as defined insection 6 of P.L.2007,c.49 (C.2C:43-6.5) shallbe prospective inapplication for anycrime or offensecommitted after theeffective date of P.L.c. (pending before theLegislature as thisbill) .ffPage 5, Section 6, Line 29: Delete "6.n And insert

"14.nPage 5, Section 6, Lines 38-42: Delete "in the twelvemonths prior toretirement by anemployee who commencesemployment with theState or a politicalsubdivision on or afterthe effective date ofP.L. c.

(pending before theLegislature as thisbill) in anticipation ofthat retirementnPage 5, Section 6, Lines 48-49: Delete "The employershall (1) impose a fineand issue a reprimandagainst the employeefound to be in violationof thisnPage 6, Section 6, Lines 1-8: Delete in their entirety

and insert "For thefirst violation of thissubsection, the employershall treat the timetaken as unpaid leaveand impose a minimumdisciplinary penalty ofa fine in an amountequivalent to one andone-half times the dailyrate of compensation foreach day of violation.For the second violationof this subsection, inaddition to treating thetime taken as unpaidleave, the employershall impose a minimumdisciplinary penalty ofa fine in an amountequivalent to threetimes the daily rate ofcompensation for eachday of violation. Forthe third violation ofthis subsection, inaddition to treating the



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time taken as unpaidleave, the employershall have good causefor termination of theemployee. The minimumpenalties set forth forthe first and secondviolations may beincreased at thediscretion of theemployer based upon theprior record of theemployee. The timeconverted to unpaidleave under thissubsection shall also bededucted from the numberof unused accumulatedsick leave days creditedon the effective date ofretirement upon whichsupplementalcompensation, if any,for the employee at thetime of retirement iscalculated."

Page 6, Section 7, Line 11: Delete "7." And insert"15."Page 6, Section 7, Line 27: Delete "The"Page 6, Section 7, Lines 28-37: Delete in their entiretyand insert "For thefirst violation of thissubsection, the employershall treat the timetaken as unpaid leaveand impose a minimumdisciplinary penalty ofa fine in an amountequivalent to one and

on~-half times the dailyrate of compensation foreach day of violation.For the second violationof this subsection, inaddition to treating thetime taken as unpaidleave, the employershall impose a minimumdisciplinary penalty ofa fine in an amountequivalent to threetimes the daily rate ofcompensation for eachday of violation. Forthe third violation ofthis subsection, ~naddition to treating thetime taken as unpaidleave, the employershall have good causefor termination of theemployee. The minimumpenalties set forth forthe first and secondviolations may beincreased at the



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discretion of theemployer based upon theprior record of theemployee. The timeconverted to unpaidleave under thissubsection shall also bededucted from the numberof unused accumulatedsick leave days creditedon the effective date ofretirement upon whichsupplementalcompensation, if any,for the employee at thetime of retirement iscalculated."

Page 6, Section S, Line 39: Delete \\S." And insert"16. ,t

Page 7, Section 8, Line 5: Delete "The employershall (1) impose a fineand issue a"Page 7, Section S, Lines 6-15: Delete in their entiretyand insert "For thefirst violation of thissubsection, the employer

shall treat the timetaken as unpaid leaveand impose a minimumdisciplinary penalty ofa fine in an amountequivalent to one andone-half times the dailyrate of compensation foreach day of violation.For the second violationof this subsection, inaddition to treating thetime taken as unpaidleave, the employershall impose a minimumdisciplinary penalty ofa fine in an amountequivalent to threetimes the daily rate ofcompensation for eachday of violation. Forthe third violation ofthis subsection, inaddition to treating thetime taken as unpaidleave, the employershall have good causefor termination of theemployee. The minimumpenalties set forth forthe first and secondviolations may beincreased at thediscretion of theemployer based upon theprior record of theemployee. The timeconverted to unpaidleave under thissubsection shall also be



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deducted from the numberof unused accumulatedsick leave days creditedon the effective date ofretirement upon whichsupplementalcompensation, if any,for the employee at thetime of retirement iscalculated. No monetarypenalty imposed underthis section shall beconstrued to be areduction incompensation underapplicable employeetenure laws."Page 7, Section 9, Lines 17-22: Deleteentirety. in their

Page 7, Section 10, Line 24: Delete "10.""17.";"immediately""on the firstthird month

and insertdeleteand insertday of thefollowingenactment"Respectfully,/s/ Chris ChristieGovernor

[seal]

Attest:/s/ Jeffrey S. ChiesaChief Counsel to the Governor

governor christie conditionally vetoes s2220

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