How Much Is Enough? Drawing the Lines on Multiple Public Job Holding in New Jersey

1997-2007: 10 years advancing progressive policy change

JULY 2007 How Much is Enough? Drawing the Lines on Multiple Public Job Holding in New Jersey

By Tom O’Neill and Bill Schluter

I’m from New Jersey TIP OF THE ICEBERG

I don’t expect too much New Jersey took a significant step with a new law banning any- — From the song, I’m from New Jersey, one not already doing so from holding two elected offices at the Copyright 1991, John Gorka same time. Dual office holding stifles political participation and government accountability—as detailed in the report One to a High Street Records/ Windham Hill Records Customer: The Democratic Downsides of Dual Office Holding, released in June 2006 by New Jersey Policy Perspective and It was a mistake and I apologize. Demos: a Network for Ideas and Action.

I own up to it. It’s my responsibility. Dual elected office holding, however, turns out to be just the tip — Linden Councilman Ralph Strano, quoted in the of the iceberg. Serious conflicts of interest and obligation, as well as threats to government performance and trustworthiness, Star-Ledger on June 1, 2007, after being caught arise not only when one person serves as both state legislator driving his county car—he’s the Union County and mayor, or mayor and county freeholder. Those problems Mosquito Control Bureau chief—while putting arise as well from a practice that—our research shows—is more up lawn signs for his re-election bid. pervasive but, except when a high-profile scandal breaks out, less visible.

Across the state, over 700 elected state, county and municipal officials also hold another, non-elected public sector position. Some hold more than one. New Jersey should now turn its attention to this issue in the effort to promote government that functions effectively in the public interest and a political system that gives less room for public suspicion—often well-ground- ed—that personal interests come first.

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This report examines combined elected and non-elected job Though Bryant and Bennett were among the State Senate’s holding in New Jersey. It estimates the extent of the practice best known and most powerful members, public knowledge of and assesses its effects on the quality and character of govern- their non-elected positions was not widespread. Media cover- ment. It also suggests standards for what should and should not age was relatively slight, until a federal investigation in be acceptable—an important task for the leaders of our state to Bryant’s case and a newspaper expose in Bennett’s brought complete. considerable attention. If the mix of elected and non-elected positions—and the attendant questions it raises—goes unno- Two widely reported examples illustrate the mischief possible ticed for a long time in the cases of these two prominent offi- when one official holds both an elected and non-elected cials, what other potentially worrisome conflicts of interest or position. obligations are involved for those further from the spotlight?

State Sen. Wayne Bryant (D-Camden), was indicted in March THE FINDINGS on six counts of mail fraud and one count of corruption. He was charged with directing millions of dollars of state funds to the To find out just how widespread is the practice of holding both University of Medicine and Dentistry of New Jersey in return elected and non-elected public office, we looked at the munici- for a $40,000 a year no-show job. The indictment also charges pal, county and state levels of government. This report exam- that Bryant used his influence as chair of the Senate Budget and ines only paid positions, as opposed to, say, a mayor serving Appropriations Committee to get work from other publicly ex officio on a planning board.1 funded entities, including the Gloucester County Board of Social Services, where he billed for his services as counsel. In Municipal addition, he is alleged to have arranged for a part-time teaching position at Rutgers-Camden Law School, while using his polit- We looked at the holding of combined elected and non-elected ical influence to attract state aid to the school. The income from positions by local elected officials in two ways: a detailed his non-elected public positions could triple Bryant’s pension. accounting for the state’s 10 most populous municipalities and He has pleaded not guilty to the charges. a survey of a random sample of all municipalities to identify what other jobs were held by members of the governing bodies. John Bennett was the Republican leader of the State Senate The results of the sample survey provide a basis to estimate the when a series of newspaper articles in 2003 raised questions number of combined elected and non-elected office holders about billing by his law firm for millions of dollars of legal among the state’s 566 municipalities. work for local governments. He lost reelection in District 12, Monmouth County, in a campaign that focused on his ethics. From the survey, we conclude that 600 men and women elected Most prominent in the allegations against Bennett was that his to municipal government positions have at least one other job firm overcharged Marlboro Township by $8,130. The firm had on a public sector payroll besides their elected post. That is billed the township for $1.6 million over six years. Upon his more than 20% of all local officials. Contrast that proportion forced retirement, Bennett took with him the richest retirement with the state as a whole, where public employees account for package in New Jersey State Senate history: $78,540 a year, 14% of all workers. made so lucrative by Bennett’s work as a municipal attorney. He was not charged with breaking any laws. The firm he leads, In 32 of the 58 sample municipalities (see Appendix 3) the Dilworth Paxson, continues to list “government, finance and survey found that one or more officials held another public government contracts” in its list of practice areas and its web- job—suggesting that, statewide, more than 300 municipalities site includes this statement: “Dilworth Paxson maintains a have people elected to their governing bodies who also hold a strong and unique tradition of public service and civic involve- non-elected position with a public body. In those 32 sample ment which includes many former and present members of the towns are a total of 60 elected officials who also have paid, non- firm holding a wide variety of positions at the federal, state, and elected positions with a public body, the source of our estimate local levels of government.” that 600 such dual office holders serve in New Jersey. A third of

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ELECTED OFFICIALS WITH OTHER PUBLIC JOBS them are employed in public education, either as teachers (15%) or administrators (17%); 20% work in county govern- JOB SECTOR ELECTED OFFICE ment; 10% in state agencies; 14% for public authorities. At Legislature Freeholder Municipal* least one mayor works for his own town government: Carteret Mayor Dan Reiman, elected in 2002, was later appointed and Gov’t Agency 13 22 320 still serves as the borough business administrator. or Authority

Education 7 11 190 We also determined the other employment of each member of Higher 6 4 30 the governing bodies in the state’s 10 most populous munici- Education palities. In these places, just over half of the council members Legal 7 2 10 have their “day jobs” in the public sector. No city in New Other Elected 20 17 50 Jersey has more than 26% of its resident workforce in the Office public sector. TOTAL 53 56 600 Combining elected and non-elected positions is more than *Estimates from sample survey—see Appendix 3 twice as common in these municipalities as in the state as a

PUBLIC EMPLOYEES SERVING ON COUNCILS IN THE 10 MOST POPULOUS MUNICIPALITIES

TOWN COUNCIL MEMBERS PUB. SECTOR JOB COMMENT

Camden 7* 3 3 county employees

Dover (Toms River) 7 2 1 county employee;1 is lawyer who spends 25% time on municipal clients

Edison 8 4 2 school administrators

Elizabeth 9 7 3 Elizabeth school system employees; 3 county employees; 1 director of city parking authority

Hamilton 5 1 County housing authority employee

Jersey City 9 5 4 county employees; 1 Asst. Exec. Dir. of city incinerator authority

Newark 9 2 2 county employees, one of who also is freeholder

Paterson 9 5 1 Passaic County College employee; 1 special police officer in Haledon; 1 auditor for Jersey City schools; 1 county maintenance dept. employee; 1 state Dept. of Education employee

Trenton 7 5 1 state Department of Labor employee; 2 county employees; 2 Trenton school system employees

Woodbridge 9 3 1 Woodbridge firefighter; 1 county park system employee; one state gov’t employee.

TOTAL 72 37 (51%)

* NOTE: At the time of this survey, mid 2006, one vacancy existed on the Camden City Council following the resignation (and guilty plea to corruption charges) of former Councilman Ali Sloan El.

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whole, according to our estimate. The mayors of these 10 those organizations, drew the scrutiny of the US Attorney, municipalities are all paid as, or expected to serve, “full-time” resulting in an indictment alleging corruption involving a in their posts (but, despite that, two held another elective office low-show position at the School of Osteopathic Medicine, a at the time of the survey). Three of the six Camden city council part of UMDNJ. members worked for Camden County government. In Eliza- 3. Joseph Doria has a part-time appointment teaching at beth, three of the nine council members worked for the Eliza- Rutgers in addition to being mayor of Bayonne. beth public schools, three for Union County government and 4. Sharpe James, no longer Mayor of Newark, is a faculty one was director of the city’s parking authority. Four of Jersey member in a recently created position at Essex County City’s nine council members worked for Hudson County and Community College. one was assistant executive director of the city’s incinerator 5. Bernard Kenny is not a direct employee of a public authority.2 In Trenton, five of seven council members were pub- agency, but his law practice is heavily weighted towards lic employees, with two working for Mercer County govern- public clients with billing that included $1.2 million in fees ment, two employed by the school board, and one in a state during the mayoralty of David Roberts in Hoboken. agency. In Woodbridge, one of the council members was a fire- 6. Fred Madden, the former acting Superintendent of the fighter in the city’s Fire District 1. State Police, is the acting Director of the Police Academy at Gloucester County College. County 7. Robert Martin lists on his financial disclosure form payments from Rutgers Law School for a part-time In establishing the employment of the state’s freeholders, we appointment. found at least 56 (41%) of the state’s 137 freeholders hold 8. Ron Rice served as Deputy Mayor, an appointive position, another public sector job. That is three times the portion of the in Newark until the spring of 2006, when he resigned to run state’s overall workforce that is employed in the public sector. for Mayor. Some 23 freeholders hold another elective office, 20 at the local 9. Nicholas Sacco, the mayor of North Bergen, also is an level3 and three in the Legislature. assistant superintendent of the North Bergen School System—a triple office holder. Almost as many freeholders (22) are employed in non-elected 10. Paul Sarlo is Borough Engineer in Carlstadt, and also indi- public sector positions at the local, county or state level. And 18 rectly a public employee through engineering fees earned others draw a public paycheck as faculty or administrators in by his employer, Scuzzari-Bishop, in its work for agencies schools, colleges or universities. At least two freeholders hold and authorities, including the New Jersey Turnpike. He is appointed positions as legal counsel to local government. also the mayor of Wood-Ridge and apparently an impres- sive time-manager. State Legislature 11. Nicholas Scutari is the prosecutor in Linden. 12. Robert Singer lists on his financial disclosure form pay- A dozen men and women who were in the 40-member State ments from the Lakewood Municipal Utilities Authority. Senate in 2006 also held at least one non-elective public job— and some held more: Of the 80 Assembly members, 264, or almost 30%, made at least part of their living from public sector employment. Five 1. Martha Bark announced she would not run for re-election were teachers or administrators in public schools, four worked after the state attorney general launched an investigation in public higher education, three were county undersheriffs (the into her jobs at the Burlington Bridge Commission and the special implications of which are explored later in this report), Burlington County Institute of Technology. Newspaper five were lawyers in private practice who earned significant reports said she was paid a total of $330,000 over six years income from local government clients, four worked in county doing work for which the agencies provided little to no government and three for local government—two in firefight- documentation. ing. The list of Assembly members and their other public 2. Wayne Bryant held many outside jobs in public organiza- employment appears in Appendix 1. tions that, because he was in a position to help or hinder

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In the Legislature, too, the proportion of elected officials in system has failed to scrutinize combined elected/non-elected public employment is far higher than the state average—to office holding for incompatibility or conflicts. the point where it seems reasonable to wonder whether employment in the public sector facilitates running for office Does the multiplicity of jobs needed to operate New Jersey’s because it may be easier to win permission to take time off to 566 municipalities, more than 600 school districts and 21 coun- campaign and serve. Or, conversely, whether holding elected ties outstrip the number of citizens interested in public service? office, in fact, leads to non-elected positions that might not Are the relatively few who want to serve, therefore, forced to otherwise be available. Would Senators Bennett or Bryant, for occupy more than one position? Are there simply more slots example, have been offered their teaching posts and law firm than publicly spirited New Jerseyans? Probably not. Although business if they lacked the power and influence that comes with surveys have shown the level of interest in state affairs in New being a leader in the Senate? Jersey is lower than in most other states, the patterns and dynamics of holding two public sector positions in New Jersey WHAT MAKES NEW JERSEY DIFFERENT? make it clear that something else is afoot. Those who mix elected and non-elected jobs are in many cases strengthening As One to a Customer found, New Jersey appears to lag well their personal positions rather than filling jobs other citizens are behind other states in its sensitivity to the conflicts of interest reluctant to fill. and obligation that flow from dual office holding. What is it about New Jersey? Perhaps the answer lies in New Jersey’s political culture, the value system that underlies the operations of politics. In New Interestingly, combining elected and non-elected positions is Jersey, politics tends to be seen as a marketplace. The currency not quite as securely enshrined in New Jersey law as is holding of politics becomes the mutual obligations arising out of two elected offices. individual relationships, while in other states ideology or a consensus on the public good can be the strongest force in the A New Jersey law (enacted in the early 1960s, when court rul- system. Political scientist Daniel Elazar has posited that each ings threatened dual elected office holding) specifically permits US state can be categorized as having one of three types of the holding of two elective offices, such as town councilperson political culture.6 He called those three cultures moralistic and freeholder or mayor and state Senator. The version as (such as in Oregon, Vermont, Washington and Wisconsin), passed by the Legislature also would have affirmatively con- individualistic (such as in New Jersey, New York, Pennsylvania doned holding both an elected and non-elected position. That, and Ohio), and traditionalistic (such as Georgia, Kentucky, however, was too much for Gov. Richard J. Hughes. He condi- Mississippi and Tennessee). tionally vetoed the measure,5 forcing a revision that approved holding two elective offices, but was silent on combining elect- In states with a moralistic culture, people tend to view governed and non-elected positions. Hughes said, “The public may ment as a positive force that should work for the common good. not be aware that a single individual is holding two offices In the individualistic culture, politics tends to be seen as more which have duties and responsibilities potentially or actually in utilitarian, as the pursuit of self-interest. In states with a tradi- conflict. . . . Considering the very real possibilities for actual tionalistic culture, politics is the sphere of inherited elites that conflict, I can find no overriding justification for permitting work to maintain the social order. These distinctions may over- local officeholders or employees to hold an additional office or simplify political life and ought not be applied to every person appointive positions where incompatibility does in fact exist in politics. Still, they offer useful insights into what constitutes between the duties and obligations of such offices and “business as usual.” positions.” In an individualistic system such as New Jersey’s, the prime But if the law did not expressly allow combining elected and motive in seeking and holding public office is to control the non-elected positions, neither did it do anything to restrict the distribution of favors and rewards. Among the most prized practice. In the 45 years since Hughes’s veto message, the favors and rewards, of course, are jobs. In a state fragmented

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into more than 1,100 local governments and school dis- elected positions, however, is not to suggest the practice is tricts and where interest in state affairs is low, the condi- popular among the public at large. Indeed, a recent Quinnipiac tions seem ideal for developing and sustaining a political University poll found that 79% of New Jersey voters said state culture that—among elected officials—accepts multiple lawmakers should not be allowed to have another government office holding as a legitimate, even desirable, feature of job of any kind, elected or otherwise.8 But the voting public, as political life. opposed to political insiders, generally becomes aware of the scope of this practice only when scandals erupt or the press Changing the system is difficult, in part because of the makes an issue of it. self-reinforcing effect of political arrangements domi- nated by strong party organizations in one-party political The vast majority of those who combine elected and non-elect- jurisdictions. The perceived domination of the process by ed positions are not relatively high-profile State Senators or insiders discourages many outsiders from thinking they Assembly members, but county or local elected officials with can make a difference. The public’s fatalism or cynicism is middle-level public jobs. These are people who can, and gener- reflected in the observation of Michael McGuire, a Cam- ally do, disappear from public sight, camouflaged among the den city councilman and county employee who fended off state’s 566 municipalities and 613 school districts like deer in criticism of the influence exerted on him by the county’s the woods. Even the nature of media coverage in New Jersey powerful Democratic organization by observing, “If it’s becomes protective of those who combine elected and non- not one machine [running things], it’s another . . .It’s like elected positions. With so many governmental jurisdictions, the buying a lawn mower. You want the better machine.” press lacks the resources to pay the sort of close attention that might make the practice more difficult to maintain. In some places in New Jersey the political culture is even more individualistic than others. In Hudson County, for And unlike Governor Corzine, who made an issue of dual example, a Jersey Journal review of state pension records elected office holding, governors—the most visible figures in showed that roughly 440 government workers collect pay- New Jersey’s political landscape—have not called attention to checks from at least one county agency and hold at least the practice nor fought for reform. Until recently, fighting dual one other public job. Their combined salaries—including office holding has not been seen as worth the expenditure of a those of one employee with apparently prodigious skills governor’s limited political capital. and energy who held seven jobs—amount to more than $36 million. “It’s a cultural problem in Hudson County, DEFINING THE PROBLEM clearly,” Jersey City Councilman Steve Fulop told the newspaper. “People still have this machine party mentality To move beyond anecdotes—some might call them horror that you repay people with multiple jobs.”7 stories—about elected officials who hold other, non-elected, public sector jobs requires a definition of the problems created The nine-member, all-Democratic, Hudson County dele- by the continued existence of this practice. Clarifying these gation to the Legislature was described by the Star-Ledger problems will help point the way to effective solutions. as the “greatest impediment to many of the property tax reform ideas backed by Governor Jon Corzine.” He no The concerns raised by holding two or more elected and non- doubt hoped they were listening hard when he asked the elected positions are at least as serious as those raised when one Legislature to “set aside parochialism and personal inter- person holds two elective offices simultaneously. The practice est in favor of the common good” and vote for fundamen- of elected officials holding a non-elected public position can: tal tax reform and to limit dual office holding by legislators. Seven members of that legislative delegation hold ■ Reduce accountability, by providing insulation from politi- taxpayer-funded jobs in addition to their elected office. cal accountability in the elective office and protection from Four of them are mayors. serious or honest performance evaluation in their day jobs. In the public workplace, the supervisor of an elected official To describe New Jersey’s political culture as accepting of may well be deferential when it comes to attendance and dual office holding and of combining elected and non- performance. That arrangement makes it easier to cam-

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paign, fund-raise, shore up political defenses and ward off just in every election but in every interaction with the party opposition. leaders whose approval is needed to hold both the job and the office. Placating the party organization whose backing is ■ Frustrate the checks and balances built into the system by needed (most crucially in a primary election) to continue in the doctrine of separation of powers. When a law enforce- office becomes a priority. The scramble for campaign con- ment officer serves as a legislator—writing the laws he or tributions becomes more urgent and the cost of elections she will then enforce—that doctrine is violated. Since our soars. Any campaign tactic likely to increase the chance of system is founded on separation of powers, this combina- victory becomes acceptable. tion of public employment and elective office can under- mine the structure and functioning of government. The state Combining elected and non-elected positions makes possible Department of Law and Public Safety recognizes this prob- mutual back-scratching that can benefit the participants at the lem by administratively banning its employees from elective public’s expense. Consider how the mayor of Beachwood office. But at least one local police chief and three county Borough landed a job in the Ocean County fire and first aid undersheriffs serve or have served in the Legislature. Note training station. The tale begins with James F. Lacey, an Ocean that banning law enforcement officers and others who County freeholder appointed to a position in the state Depart- administer or enforce state laws and regulations, from hold- ment of Environmental Protection during the administration of ing elective public office would not bar them from seeking Gov. Christie Whitman. When the Democrats took over in it. Upon election, however, they would be required to resign Trenton he lost that job, but soon was hired as administrator— from their employment. Upholding the doctrine of separa- on a party-line vote—in Point Pleasant Beach, where he had tion of powers would not erode the right of any citizen to been a councilman. In 2005, when Point Pleasant Beach went seek public office. Democratic, Lacey’s position was no longer secure. Just in time for him, nearby Republican Beachwood created the position of ■ Block the political ladder for emerging aspirants by concen- administrator, and selected Lacey for the $92,000 job. Six trating political power. The elected official who enjoys the months later, the Freeholder Board on which Lacey sits perquisites of a low-show job in a public agency is shielded appointed Beachwood Mayor Harold Morris as confidential from competition that could open up the system to all com- aide to the county fire director. Morris had championed Lacey’s ers. That low-show arrangement can usually be maintained appointment in Beachwood.9 only in one-party jurisdictions. There, the party leader is already an effective gate-keeper, which makes the system Some of the problems created when a local councilperson even less open to intra-party competition. Even if these job- holds a county job are on display in Camden. The Camden holders work hard, the fact they each hold two positions Councilman with the lowest attendance record at the time of means someone else cannot have one. our survey, Michael McGuire, is employed as a housing inspector by the Camden County Department of Community Affairs. ■ Raise questions about how tax dollars are spent. When the He made $20,000 as a councilman and $42,000 as a county Superintendent of the Jersey City public schools, for worker. McGuire blames the pressure of his county job, in part, instance, spends two days a week in Trenton as an Assem- for his poor attendance at council meetings. “I have to watch blyman, and takes time to campaign for election and admin- my time. . . . I work for the county. I have an obligation to coun- ister a legislative district office, it is clear that he is spending ty taxpayers,” he explained. But there’s more to the story, as the less time as Superintendent than that job’s $210,520 salary Philadelphia Inquirer went on to report. A fellow member of contemplates. The same analysis applies to those who are the Council told the paper, “Mike is having problems coming paid substantially less. The effects that two salaries, one of because the county is punishing him for endorsing [Mayor them for a low-show position, have on pensions make this Gwendolyn Faison] in the last election. .”.10 (County Democrats an expense that keeps on costing the taxpayers for decades. had backed Faison’s opponent, Assemblywoman Nilsa Cruz- Perez.) The number of council members who hold full-time ■ Degrade the tone of public life by raising the stakes of poli- jobs with the county—three—gives room for suspicion that the tics. When an elected official’s principal employment is in a Council may be more responsive to the Camden County De- public job, his or her entire livelihood may be at stake, not mocratic organization than to the needs of the city. McGuire is

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not running for re-election this year. Resolving these questions requires sensitivity not just to black and white, but to shades of gray. An outright ban or overly MATTERS OF DEGREE restrictive limitation would fail to take into consideration the apparently harmless nature of some elected/non-elected job It would be an overstatement to say that every instance of com- combinations. It would threaten the right of citizens to hold bining elected with non-elected job-holding causes a problem. elected office. And it could have the effect of barring all government employees from holding elected office, meaning The extent to which combined elected and non-elected office that all elected officials would come from the private sector. holding should be of concern varies with the level of the elective Such an outcome would distort the perspectives of elected office and the public employment of the person involved. For bodies even more severely than the current over-representation some categories of public employment, such as law enforce- of those from the public sector. ment, the separation of powers issues can be so fundamental that holding elective office would seem to be intrinsically incompat- Combining elected and non-elected positions, therefore, should ible. Other public employees, such as a school teacher who gets be banned only in situations where the person carrying out the elected to the town council, would appear not to raise issues of functions of the positions is required to choose between clash- incompatibility or conflict of interest. Similarly, a teacher or ing duties. Vesting that choice in an individual is clearly an assistant principal serving in the Legislature might face contrary to the public interest. It is prohibited by the doctrine of potential conflicts when voting on measures affecting educa- incompatible offices, though this doctrine obviously is not now tion, but those conflicts are no different from those encountered regularly enforced in New Jersey. The New Jersey Supreme by a lawyer/legislator voting on measures affecting that profes- Court defined the conflict as “the contrariety and antagonism sion, or a drugstore owner voting on pharmaceutical insurance [that] would result from the attempt of one person to discharge coverage. Established methods exist to deal with such conflicts faithfully, impartially, and efficiently the duties of both offices. as they arise. . .render[s] it improper for an incumbent to retain both.”11

But, more serious concerns arise when a school’s principal, Drawing lines is easier said than done. But a good place to start assistant superintendent or superintendent serves in the Legis- is by recognizing that conflicts and difficulties that arise from lature. Those school officials carry a heavier burden of job re- combining elected and non-elected positions fall into five broad sponsibilities, and those responsibilities will inevitably conflict categories. with their obligations as legislators. Their service could raise serious issues arising from the doctrine of separation of powers. 1. Incompatibility or conflict among responsibilities: cases where the responsibilities of the two positions appear to Another concern is the sequence in which the combination of be mutually exclusive, or where the doctrine of separation elected and non-elected jobs occurs. The public employee who of powers would be eroded. One example would be voting is elected to a town council raises fewer questions than some- on laws and then being charged with enforcing those laws. one who receives a tax-supported job after being elected. Such a job might, for example, come less on the merits than as a 2. Time demands: where the public good could suffer from reward from the party leadership, and the expectations for someone with full-time public sector employment serving performance and attendance might be loose. in an elected body that meets during normal working hours and has the demands of campaigning and raising money. DEFINING A SOLUTION And if that public employee holds three positions, time issues are certain to be raised even if only one of the posi- The solution to the conflicts and problems inherent in holding tions is full-time. Legislators have estimated that serving in two elective offices was clear: ban dual elective office-holding the Assembly or Senate takes 70% of their time. Sen. in all instances. But determining which public sector non- Nicholas Sacco’s days have the normal complement of 24 elected employees should be restricted from serving in which hours, so his legislative responsibilities and his duties as a elective offices demands a solution attentive to nuance. mayor and assistant school superintendent12 would suggest

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something gets slighted. Sacco has estimated that as mayor New Jersey law bans county sheriffs from holding any other he performs 400 weddings a year. That startling figure civil office.13 Unlike sheriffs, undersheriffs are not elected. became public when he considered raising his mayoral They are appointed by, and serve at the pleasure of, the sheriff salary by $10,000 in exchange for turning over to the town and hold authority to execute all the ordinary duties of the his fees for marriages. sheriff.14 Despite what appears to be a significant overlap of functions, undersheriffs serve in the Assembly in spite of the 3. Discretion and supervisory responsibility: where a pub- ban on sheriffs doing so. As one of two principal county law lic employee holds a position to which many subordinates enforcement officials, along with the prosecutor, it has been report, or as in the case of a law enforcement officer, has deemed important for sheriffs to be seen to be free of conflicts wide discretion. This creates the potential for far more of interest and of obligation. conflict and even abuse than with someone whose non- elected job description is specific, controlled by others and Such considerations applied to undersheriffs, too, until relative- involves little supervisory work. ly recently. In the Westcott v. Briant decision almost a century ago, the New Jersey Supreme Court held that an undersheriff 4. Sequence of jobs: a municipal employee who campaigns was barred from serving as a freeholder or in other civil office, for and wins elected office in another town is in a situation because an undersheriff “holds and exercises the office of a quite different from someone given an appointed public sheriff.”15 The court reasoned that since the Legislature specifi- position after having been elected to the Legislature or cally said the office of sheriff was incompatible with any other other public office. In the latter case, questions can arise as civil office, a sheriff could not remove the inconsistency by to why the person got the job and to whom he or she will be appointing a person—the undersheriff—to do the very thing accountable (what the boss giveth, the boss may taketh which the law prohibits him from doing. away). But in 1980, the Appellate Division broke with this precedent.16 5. Conflict of interest: what, for example, are the implica- It reversed a trial court’s decision that had barred Peter Curcio, tions of a municipal prosecutor raising funds for his cam- an undersheriff in Bergen County, from holding a gubernatorial paign for legislative office? Can a municipal prosecutor appointment as an unsalaried member of the Hackensack collecting donations for re-election to the State Senate ever Meadowlands Development Commission. The trial court, avoid the appearance of opening a channel to favor-seek- following the 1909 precedent, had ordered Curcio to “choose ers? A municipal prosecutor who is also a state senator can which civil office he elects to retain.” In reviewing the trial exercise senatorial courtesy to block the appointment of a court decision, the majority of the appellate court found that the county prosecutor, an office that exercises considerable dis- State Supreme Court erred in Westcott when it interpreted the cretion as a check on local law enforcement. Perhaps more statute as defining the holding of the office of sheriff and any seriously, he or she could block or advance the appointment other office as incompatible. The appellate court concluded of a judge before whom the prosecutor would appear. Westcott should have been decided on the narrower ground that “the two offices of undersheriff and freeholder were incompat- CASE STUDY: THE UNDERSHERIFF ible as a matter of common law.”17 The appellate court could not “detect the slightest incompatibility” between the two offices The issues involved in arriving at a well-reasoned decision of undersheriff and HMDC Commissioner. It saw no “valid respecting the right of citizens to hold public office can be reason to extend the statutory prohibition to undersheriffs.”18 illustrated by analyzing whether county undersheriffs who serve in the Legislature can “discharge faithfully, impartially Today then, the statutory prohibition of a sheriff holding anoth- and efficiently the duties of both offices.” Three undersheriffs er civil office is not being interpreted as barring an undersheriff were serving in the Assembly at the time of our survey: Joseph from holding all other civil offices, only those found to be Cryan, Gordon Johnson and Alfred Steele. incompatible with the office of undersheriff. That was the find- ing in Westcott: the office of freeholder is incompatible with the office of undersheriff because freeholders can determine the salary of an undersheriff.19

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The appellate decision in the Curcio case requires careful Moving from the legal to the practical, an appointment of a discrimination among public offices depending on the degree legislator as undersheriff leaves room for concern over whether of actual conflict among their duties. Almost everyone will the latter position is little more than a sinecure for legislators agree that little danger of conflict of interests or obligations, or who need another income. Taxpayers need to know if the even the appearance of such, arises if an undersheriff serves as appointment is simply an arrangement through which an elect- one of seven unsalaried members of the HMDC. But the duties ed official can draw a salary and report to a supervisor who will of the offices of legislator and undersheriff involve a broader be sympathetic to the pressures of legislative office, including range and wider discretion that can, and arguably do, come into the need to spend two days a week in Trenton, raise funds and conflict with one another. A fair-minded application of the tests campaign for several months every two years and maintain of incompatibility established in New Jersey suggests that hours at the district office. employment as an undersheriff is incompatible with service in the Legislature. Those four elements of incompatibility, out- TIME FOR A BROAD POLICY lined in Marini v. Holster,20 are: Conducting a detailed analysis in these pages for all the other 1. The two offices cannot be executed by the same person job titles in public employment would be impractical. Clearly, 2. They cannot be executed with care and ability New Jersey needs some general rules to be used in guiding the 3. One is subordinate to another way through the wide range of incompatibilities and conflicts 4. One interferes with another created by combining elected and non-elected positions.

From a legal standpoint, the incompatibilities of the two posi- Some states have wrestled with these issues more systematical- tions should be evident. The state courts protected by the sher- ly than New Jersey. The Attorney General in Texas, for exam- iff’s department are funded by and governed by state statutes, ple, issued a useful guide to help determine when dual office adopted, amended or repealed by the Legislature. The civil and holding might pose incompatibilities or conflicts so severe as to criminal law enforcement aspects of the position are defined by be unlawful. It distinguishes between a “public office” and state statute, and the separation of powers doctrine divides the “public employment.” The key factor is whether someone is responsibility of making and enforcing the law. Finally, the empowered to exercise a “sovereign” function of government performance of sheriff’s departments around the state fall that is largely independent of the control of others.”21 Such a under the oversight of the Legislature. Practically, the duties of distinction is useful for drawing the lines. It recognizes the an undersheriff are, or should be, demanding and substantial— difference between, say, the ability of a police officer and an a true, full-time job. How can an Assemblyman, who is devot- Emergency Medical Technician to serve without incompatibil- ing up to 70% of his time to legislative responsibilities, perform ity on a town council or in the Legislature; it would distinguish fully and effectively the responsibilities of undersheriff? between the suitability of a public school teacher and a school superintendent to be a legislator. The appointment of the undersheriff by the sheriff can bring into question the independence of the undersheriff as a legisla- Louisiana’s categorization of public offices goes further.22 In tor, especially—but not exclusively—on issues relating to the parsing the distinction between public officials and public powers, duties and operations of sheriff’s department across the employees, Louisiana statutes define boundaries between state. acceptable and unacceptable combinations of office holding clearly enough to depict on a diagram. As the chart below It seems clear that an application of reasonable tests of incom- shows, a state elected official in Louisiana cannot hold another patibility gives a sound basis to believe that the positions of position, even part time, in local government. The only excep- legislator and undersherriff should not be filled by the same tion is that the state elected official can hold a part-time person. The grounds would appear to exist for a case to test appointment in the same branch as the elected office or a part- whether holding the two offices would be found incompatible time appointment to a local office, such as, say, a planning by the courts today. board. A local elected official may not hold state elective office or be employed by a state agency. That local elected official

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LOUISIANA – Dual Office Holding and Dual Employment: Prohibited and Regulated Relationships (LSA R.S. 42:61-66)

State State Local Local State Local full time part time full time part time State State Local Local elective elective appointed appointed appointed appointed full time part time full time part time office office office office office office employee employee employee employee

State YES if elective NO NO NO same NO YES NO NO NO NO office branch

Local NO in some political elective NO NO NO YES NO YES NO NO subdivisions; office YES in others

State YES if YES if FT apt. NO NO NO same NO YES NO same NO YES office branch branch

State YES if YES if YES if YES if YES if PT apt. same YES same same YES YES same same YES YES office branch branch branch branch branch

Local FT apt. NO NO NO YES NO YES NO YES NO YES office

Local PT apt. YES YES YES YES YES YES YES YES YES YES office

State YES if YES if FT NO NO NO same NO YES NO same NO YES employee branch branch

State YES if YES if YES if YES if PT NO NO same same YES YES same same YES YES employee branch branch branch branch

Local FT NOYES in some NO YES NO YES NO YES NO YES employee political subdivisions; Local NO in PT NOothers YES YES YES YES YES YES YES YES employee

Louisiana’s example shows one way to draw a line of incompatibility between two jobs (whether elected or appointed).

could be employed by a local government, but only a local gov- among levels of government. For example, courts here have ernment different from the one where he or she holds the elec- ruled that freeholders cannot serve on the boards of county col- tive office. leges because of the obvious incompatibility between the role of trustee in advocating for greater funding and that of freeholder Courts in New Jersey have, from time to time, enunciated clear to serve as a fiduciary for the public treasury. As this shows, po- standards that recognize how combining elected and non-elect- sitions are incompatible when someone cannot fairly and trans- ed positions disrupts the checks and balances that should exist parently reconcile the demands of the different responsibilities,

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such as seeking funding and granting it, or performing functions elective office, or in appointive offices, should, for example, and evaluating the performance of those functions. distinguish between a public school teacher and a superintendent; or between the manager of a parking lot operated by The time has come for New Jersey to define comprehensively a public authority and the executive director of the authority. and systematically where the obligations of office clash and where conflicts of obligation or interest become inescapable. It 2. What is the jurisdiction of each office? Municipal employees should then ban by statute the dual holding of such positions. In should not be able to serve on the town council where they making those distinctions, New Jersey should aim to reverse work, but if they live in a different community their service the current assumption—among many of the state’s officials, if on that town’s governing body would not be incompatible. not the public—that combining elected and non-elected positions is permissible except in some special, specifically stated 3. What is the order of appointment to a job and election to an cases (such as sheriffs, judges and employees of the state office? The tests of incompatibility can determine what elec- Department of Law and Public Safety). tive offices public employees should be allowed to fill. But what about the case of an elected official who is to be ap- New Jersey has chosen for years to deal with this problem by pointed to a public job or public office? Experience, such as ignoring it. As this report shows, such a policy is no longer tol- in the recent case of Sen. Wayne Bryant, shows that the erable. The first step forward is for the public and political lead- process itself requires scrutiny as well. Some public entities ers to recognize the threat the current system poses to govern- might seek influence in Trenton by offering employment, ment accountability, performance and perception. Now is the perhaps undemanding employment that provides income time to make combined elected and non-elected job holding the and can boost pensions. Back-scratching of this sort could exception rather than the rule. The new standard in New Jersey, be reduced if every appointment of a legislator to a paid po- expressed through law and clearly developed rules, should now sition in an institution supported by state taxes required pub- be that combining elected and non-elected positions will not be lic notice and prior approval by an independent ethics board. countenanced, except where the opportunities for conflict clearly are minor and the advantages to the public are manifest. Changing this feature of New Jersey’s political system will not be easy. Elected officials have proven to be zealous in protect- Working out detailed restrictions on combined elected and non- ing the benefits—political and financial—that can come from elected office should begin with a commission appointed by the combining elected and non-elected positions. Case in point: Governor and charged with recommending statutory changes legislation that would curtail pension payments to public offi- and a regulatory system to restrict the practice according to cials convicted of corruption passed the State Senate recently, generally accepted constitutional, legal and ethical principles. but only after being amended so that retirement benefits would Its report should draw on the experience in the other 49 states be forfeited only for the job directly related to the crime. Its and define with clarity which combinations should be prohibit- sponsor, Sen. John H. Adler (D-Camden), said that compromise ed and which should be allowed. Inevitably, some gray areas was needed to win enough votes to pass the bill. Sen. Nicholas would remain, and the commission should set standards for re- Sacco (D- Hudson), who is simultaneously the longtime mayor solving them, including what body or bodies should be charged of North Bergen and assistant superintendent of the North with applying those standards. These could involve the courts Bergen schools, was quoted by the Newhouse News Service as as questions arise, analysis and advice from the Attorney Gen- saying that the amendment “seemed fairer than stripping a eral or an independent commission appointed for this purpose. convicted official’s entire pension. . . .We do want to be strong against corruption, but we also want to be fair.”23 These guidelines should apply: That’s the sort of thinking that got New Jersey where it is today 1. What is the scope of the public job’s discretion? In general, with regard to standards for acceptable public behavior. New if the duties of a position are not defined by law and can be Jersey needs higher standards of conduct that would fulfill high changed at the will of the superior, that position is not a public expectations for public officials in both elected and “public office” but “public employment.” Recommenda- non-elected positions. tions to restrict the ability of public employees to serve in

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APPENDIX 1 LEGISLATORS WITH NON-ELECTED PUBLIC SECTOR POSITIONS By area of public employment

Appointed Office Senate Assembly

Education 2 Martha Bark, Burlington County Tech 5 Charles Epps, Superintendent, Jersey City Schools Nicholas Sacco, Asst. Sup. North Bergen Schools Joseph Malone, Director, Somerset County Tech Oadline Truitt, Librarian, Newark Schools Sal Vega, Athletic Director, West New York James Whelan, Teacher, Atlantic City Schools

Higher Ed. 2 Fred Madden, Acting Director, Gloucester County College 4 Francis Blee, Professor, Stockton State Sharpe James, Essex County College Eric Munoz, Professor, UMDNJ Craig Stanley, PT Faculty, Essex County College David Wolfe, Professor, Ocean County College

County 4 Nilsa Cruz-Perez, Camden County Improvement Authority Ronald Dancer, Ocean County Adjustor’s Office Sheila Oliver, Asst. Admin, Essex County William Payne, Essex County

Municipal 2 Ron Rice, Deputy Mayor, Newark 1 Nellie Pou, Asst. Business Administrator, Paterson Paul Sarlo, Municipal Engineer, Carlstadt

Public Legal 2 Nicholas Scutari, Prosecutor, Linden 5 Christopher Bateman, Bridgewater, Bound Brook, Peapack Positions Bernard Kenny, Municipal Atty., Hoboken Patrick Diegnan, South Plainfield, Milltown Reed Gusciora, Ewing, Hopewell, Trenton Municipal Courts Brian Rumpf, Beachwood and Surf City David Russo, Borough Atty, Bergenfield and Leonia

Undersheriff 3 Joseph Cryan, Union County Gordon Johnson, Bergen County Alfred Steele, Passaic County

Fire 2 Peter Barnes, Avenel Fire Dist. Frederick Scalera, Asst. Chief, Nutley

Multiple 1 Wayne Bryant, Gloucester Board of Social Services, UMDNJ, Rutgers Law (Camden)

TOTAL 9 24

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APPENDIX 2 FREEHOLDERS WITH OTHER PUBLIC SECTOR POSITIONS By area of public employment % of ELECTED GOV’T. HIGHER RETIRED from COUNTY Board TOTAL OFFICE AGENCY EDUCATION EDUCATION LEGAL public employment Atlantic 33% 3 Schilling Russo Finnerty Sutton Bergen 57% 4 McPherson Padilla Calabrese Carrol Burlington 0 0 Camden 14% 1 McDonnell Cream Cape May 20% 1 Desiderio Sheets Bakey Cumberland 57% 4 Rainear Gruccio Maggazu Rocco Trout Essex 67% 6 Beasley Cavanaugh Payne Caputo Clark Sebold Gonzalez Jones Gloucester 71% 5 DiMarco Damminger Wallace Sweeney Brigandi Hudson 67% 6 Russo Dublin Vega* DiDomenico Vega Liggio O’Dea Hunterdon 20% 1 Karrow Mercer 29% 2 Mack Walter Carabelli Middlesex 43% 3 Valenti Fernicola Valenti* Refano Monmouth 20% 1 Little Narozanick Morris 43% 3 Druetzer Laureys Schrier Bartlett Ocean 60% 3 Lacey Vicari Little Passaic 43% 3 Lepore Gallagher Evans Rosado James Salem 57% 4 Bobbit Bestwick Lindenmuth Bobbit* Lindenmuth Ware Somerset 0 0 Sussex 40% 2 Oroho Vetrano Union 33% 3 Estrada Holmes Proctor Sullivan Warren 33% 1 Chamberain TOTALS 41% 56 21 22 11 4 2 13 (9%)

New Jersey’s 21 counties elect a total of 137 freeholders. At least 56 of those freeholders hold another public sector job: 39 are public officials or employees, who work at state, county or local governments, in public authorities or in public education or higher education, or who are retained in legal positions, such as prosecutor or counsel; 21 hold another elective office, 18 at the local level (not including school boards) and three in the Legislature. If the 13 freeholders who have retired from public employment were included in the totals, half of all Freeholders have an employment background in the public sector. *Holds more than one public job, but counted only once in the totals

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APPENDIX 3 ELECTED MUNICIPAL OFFICIALS WITH NON-ELECTED PUBLIC SECTOR POSITIONS Report of sample survey

EMPLOYMENT PUBLIC OFFICIALS KNOWN JOBS POSITIONS HELD ATLANTIC Folsom 7 7 2 (Mayor) -Foreman, SJTA; Secretary, Northfield Schools Margate 3 3 0 BERGEN Bergenfield 7 2 1 Teacher Cresskill 6 6 0 Edgewater 7 7 0 Englewood 6 6 2 Prog. Devel. Specialist., Bergen Cty; Congressional aide Glen Rock 7 7 1 Teacher Lodi 5 4 3 2 teachers; 1 Legislative staffer Washington 6 3 1 Teacher BURLINGTON Delanco 5 5 0 Evesham 5 2 0 Maple Shade 5 0 0 Willingboro 4 2 1 Solicitor, MUA CAMDEN Camden 8 8 3 Dir., Bldgs. & Operations, Camden Cty; County DCA, Inspector; County Dept. Parks & Recreation Cherry Hill 8 8 1 Business Administrator, Camden City Board of Ed. Laurel Springs 7 7 0 Pennsauken 5 3 3 Pennsauken Schools, Coord. Building & Grounds; Pennsauken Schools, Dir. of Personnel; Exec. Dir., Pennsauken Sewerage Authority Stratford 7 7 3 Appraiser, NJ Transit; Camden County Dept. of Public Works; Camden County 911 Dispatch Center CAPE MAY Sea Isle City 3 3 2 Freeholder; Executive Director, SJTA CUMBERLAND Greenwich 3 2 0 Upper Deerfield 5 5 0 ESSEX Irvington 8 8 3 Freeholder, Essex County; Family Svc. Worker; Port Authority Sr. Business Developer Nutley 5 5 0 Verona 5 5 0 GLOUCESTER E. Greenwich 5 2 1 Teacher HUDSON Bayonne 6 6 3 Senator; Assemblyman; Coordinator of 911 in Hudson County Sheriff’s Office Harrison 8 3 3 2 Passaic Valley Sewerage Comm.; 1 principal of county-operated school HUNTERDON Bethlehem 5 5 1 Firefighter, Edison Tewksbury 5 5 1 Legislative Aide

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APPENDIX 3, continues

EMPLOYMENT PUBLIC OFFICIALS KNOWN JOBS POSITIONS HELD MERCER Hightstown 7 4 0 Washington 6 6 1 Teacher, Toms River MIDDLESEX Edison 8 8 1 Teacher Jamesburg 7 7 2 County Firefighter, now serving in Iraq with Air Force; Supt. Building & Grounds, S. Brunswick Schools Piscataway 8 8 2 Turnpike Auth Admin.; Dir. Ad. Ed, Middlesex County Vo-Tech Woodbridge 10 10 4 Mgr, State Labor Dept.; Capt. Woodbridge FD; Mgr, County Golf Course; Mgr, State Treasury MONMOUTH Asbury Park 5 4 0 Englishtown 7 6 1 Mayor; Bus. Admin, Jamesburg Bd. of Ed. Fair Haven 7 7 3 Chair, Music Dept., county college; Dir. of Commerce, Asbury Park; Prof, Staten Island College Highlands 3 3 0 Long Branch 7 6 0 Sea Bright 7 6 1 Faculty, county college MORRIS East Hanover 5 5 1 Principal, elementary school, Florham Park Morristown 7 4 1 Teacher Roxbury 7 4 0 OCEAN Harvey Cdrs 3 2 0 Manchester 6 2 0 Pine Beach 7 5 2 Teacher; Director. Lakewood Development. Corp. PASSAIC North Haledon 7 6 0 Totowa 7 7 0 SALEM Penns Grove 7 6 0 Pilesgrove 3 1 1 Freeholder SOMERSET Bernardsville 7 6 0 N. Plainfield 7 1 1 Public Information Officer, NJ Dept. of Health & Senior Svcs. SUSSEX Andover 5 4 0 Branchville 6 0 0 UNION Rahway 10 8 2 Union County Dept of Veterans Affairs; DMV Administrator WARREN Belvidere 6 6 1 Laborer, Warren County Road Dept. Harmony 3 1 1 School Business Administrator, Hunterdon TOTAL 351 279 60 22 % of local officials hold another public job.

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SECTOR OF EMPLOYMENT FOR LOCAL OFFICIALS WITH NON-ELECTED PUBLIC POSITIONS

SECTOR NUMBER IN SAMPLE % OF TOTAL County government 13 22% Educational administration 10 17% Public school teaching 9 15% Authorities 8 14% State government 6 10% Other elected office 5 8% Local government 4 7% Higher education 3 5% Federal government 2* 3% TOTAL 60 101%

*Both the federal employees are congressional staffers. NOTE: Total exceeds 100% because of rounding.

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ENDNOTES

1 The study also does not include the so-called pension-tackers, part- job he’s been seeking.[T]he two jobs reek of quid pro quo. . . .” time officials, such as municipal attorneys, code enforcement officials, Asbury Park Press, February 10, 2005. auditors and engineers, who provide their services to several towns. 10 Philadelphia Inquirer, May 26, 2006, page B1 The pension benefits that accrue to them may give reason for concern, 11 Belleville Township v. Fornarotto (1998), 549 A.2d 1267 but their holding of these multiple offices could also be seen as a special case of shared services. 12 Title 18A of New Jersey Statutes guarantees that a teacher in the public schools be granted time to serve in elective office. Note that 2 Jersey Journal columnist Ed Morgan made this observation about the the duties of teacher are quite different from that of a higher ranking council person employed at the Incinerator Authority. “Mary Spinello administrator, for whom no daily substitute is likely to be available. is the first person I know of to simultaneously hold a job with the city while also being a member of the City Council. Spinello was 13 NJSA 40A:9-108 elected. . . in May [2005], but is holding onto her $73,000-per-year 14 NJSA 40A: 9 -114 employment contract with a city agency, albeit a so-called au- 15 Westcott v. Briant, 78 N.J.L. 226 (1909) tonomous one. Spinello is in the second year of a three-year contract as director of administration for the Jersey City Incinerator Authority. 16 Degnan v. Curcio, 172 N.J. Super. 150 She says she has no plans to quit, and it’s easy to see why: the City 17 In part because the compensation of undersheriffs was under the Council job only pays $30,000 a year.” August 5, 2005. control of the Board of Chosen Freeholders. 3 O’Neill, Tom. One to a Customer: The Democratic Downsides of 18 Degnan v. Curcio, 172 N. J. Super.,155. The decision also cited the Dual Office Holding: New Jersey Policy Perspective and Demos: judicial policy that “statutory disqualifications for office ‘are to be A Network for Ideas and Action. 2006 strictly interpreted and applied in favor of eligibility.’” 4 They are Assembly members Peter Barnes, Christopher Bateman, 19 Texas came to the same conclusion regarding law enforcement Francis Blee, Neil Cohen, Nilsa Cruz-Perez, Joseph Cryan, officers who take another public office. Incompatibility is the key. Ronald Dancer, Patrick Diegnan, Charles T. Epps Jr., Reed Gusciora, “Under most circumstances, a police officer is not considered an Amy Handlin, Valerie Huttle, Gordon Johnson, Joseph Malone, officer for purposes of constitutional dual office holding limitations. Louis Manzo, Eric Munoz, Sheila Oliver, Nellie Pou, Brian Rumpf, Therefore, it is possible that a city police officer could hold another David Russo, Frederick Scalera, Craig Stanley, Alfred Steele, public office if the two offices were not considered incompatible. . . . Oadline Truitt, Jim Whelan and David Wolfe. A police officer employed by a municipality also is not prohibited 5 Conditional Veto Message to the General Assembly on Assembly from serving as a municipal judge in a different city. . . However, the Bill 491, Gov. Richard J. Hughes, November 15, 1962. State Commission on Judicial Conduct issued a public statement stating that though it might be legal for a judge to also be a police 6 See, for example, Morgan and Watson, “Political Culture, Political officer or law enforcement officer, ethically it is not.” Texas Attorney System Characteristics, and Public Policies Among the American General’s Municipal Advisory Committee, op. cit., p. 7. States,” Publius: The Journal of Federalism, 21 (Spring 1991), p. 31 20 Marini v. Holster, 91 NJ Super. 4, 218 (affirmed 48 NJ 289). Note the 7 “Government workers earn several salaries,” Jarrett Renshaw, nuance in the case’s ruling that a city manager could at the same time The Jersey Journal, November 13, 2006 occupy the posts of city engineer and director of public works because 8 Cited in Josh Gohlke, “Public sick of dual office officials,” a local government office need not necessarily be incompatible with a The Record, March 4, 2007. second even though it would ordinarily be subordinate to the second. 9 An Asbury Park Press editorial commented: “County residents should 21 Texas Attorney General’s Municipal Advisory Committee, “2004 be aghast that their tax dollars are spent on turning government into a Dual Office Holding Laws Made Easy – Answers to the most hiring hall for well-connected public officials. Last week, Beachwood frequently asked questions about Dual Office Holding Laws,” p. 5 Mayor Harold R. Morris, a Republican who was instrumental in 22 Should New Jerseyans be concerned that Texas and Louisiana, neither creating Lacey’s job, was made “confidential assistant” to the director known as a bastion of good government, are ahead of this state in of the county’s Fire and First Aid Training Center, a job that pays working to reduce the ill effects of dual office holding? $39,500. Even Lacey admitted he was uncomfortable with the appointment of Morris because of how it might look to the public. . . 23 “Senate Dems inch closer to tax revamp compromise,” Deborah Lacey gets a new, lucrative job in Morris’town, then Morris gets the Howlett and Tom Hester, The Times, January 23, 2007, p. A10.

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ABOUT THE AUTHORS

Tom O’Neill is a public policy consultant with more than 35 years of experience with New Jersey issues. He was President of the Partnership for New Jersey until his retirement in 2005. Before joining the Partnership in 1984, he was President of the Center for Analysis of Public Issues and edited its magazine, New Jersey Reporter. O’Neill was on the Pennington Borough Council. He is the author of One to a Customer: The Democratic Downsides of Dual Office Holding, published in 2006 by New Jersey Policy Perspective and Demos: A Network for Ideas and Action.

Bill Schluter served in both the New Jersey State Senate and Assembly after first being elected in 1967. He was an independent candidate for Governor in 2001. He was sponsor of the Campaign Contribution and Expenditure Reporting Act, Legislative Activities Disclosure Act (lobby law) and Optional County Charter Law. Since his legislative service, Schluter chaired the New Jersey Citizens Clean Election Commission and is a member of the State Ethics Commission.

The authors appreciate the contribution of three researchers who did much of the work ascer- taining the employment of the state’s elected officials. They are Gerard T. Hirsch, Joseph Shure and Deborah M. Spigner.

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NJPP’s DEMOCRACY PROJECT

New Jersey Policy Perspective is a nonprofit, nonpartisan organization established in 1997 to conduct research and analysis on state issues.

NJPP is grateful for support from The Schumann Fund for New Jersey for a series of reports, of which this is the first, aimed at raising awareness of the need to reform key aspects of New Jersey’s political/ governmental system. It is our belief that research, analysis and vigorous debate are essential to challenging the status quo in order to make government more responsive, accountable and worthy of the trust of those it serves.

New Jersey Policy Perspective 137 W. Hanover St. Trenton, NJ 08618 Phone 609-393-1145 E-mail [email protected]

Jon Shure President Mary E. Forsberg Research Director Raymond C. Castro Senior Policy Analyst Sarah Stecker Policy Analysts Anastasia R. Mann Charlene Dow Edwards Operations Manager

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