S3714

An Act concerning civil service appointment eligibility and pension forfeiture for certain individuals, amending P.L.2007, c.49, and supplementing Title 11A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the “Justice for Firefighter Patrick Thomas Act.”

2 (New section) a. Notwithstanding any law, rule, or regulation to the contrary, a person who is convicted of, or pleads guilty or nolo contendere to, any crime or offense set forth in subsection b. of this section shall not be eligible for appointment to a position covered by Title 11A, Civil Service, of the New Jersey Statutes. Any person holding a position covered by Title 11A, Civil Service, of the New Jersey Statutes, who is convicted of, or pleads guilty or nolo contendere to, a crime or offense set forth in subsection b. of this section, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be immediately terminated, and deemed not eligible for appointment to such current or future position covered by Title 11A, Civil Service, of the New Jersey Statutes.

b. Subsection a. of this section applies to a conviction of, or plea of guilty or nolo contendere to, any of the following crimes or offenses:

(1) any offense related to, involving, or concerned with discrimination, bias, including but not limited to racial bias, or domestic violence, as determined by the Chairperson of the Civil Service Commission, in consultation with the Attorney General, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) a bias crime or domestic violence offense arising under Title 2C of the New Jersey Statutes;

(3) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(4) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(5) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(6) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(7) N.J.S.2C:21-10, commercial bribery;

(8) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(9) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(10) N.J.S.2C:27-2, bribery in official matters;

(11) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(12) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(13) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(14) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(15) N.J.S.2C:28-1, perjury;

(16) N.J.S.2C:28-5, tampering with witnesses;

(17) N.J.S.2C:28-7, tampering with public records or information;

(18) N.J.S.2C:29-4, compounding;

(19) N.J.S.2C:30-2, official misconduct;

(20) N.J.S.2C:30-3, speculating or wagering on official action or information;

(21) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct;

(22) Paragraph (1) of subsection a. of section 1 of P.L.2007, c.158 (C.2C:27-12), corruption of public resources, if the amount or value of the public resource is $500,000 or more;

(23) N.J.S.2C:14-2, sexual assault;

(24) N.J.S.2C:14-3, sexual contact;

(25) N.J.S.2C:14-4, lewdness;

(26) any crime described in N.J.S.2C:12-1; or

(27) any crime described in N.J.S.2C:24-4.

c. The Chairperson of the Civil Service Commission shall, in consultation with the Attorney General and in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

3. (New section) a. A court of this State shall enter an order of employment termination pursuant to this section:

(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty or nolo contendere entered in any court of this State unless the court, for good cause shown, orders a stay of the employment termination pending a hearing on the merits at the time of sentencing; or

(2) Upon application of the county prosecutor or the Attorney General, when the employment termination is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of another state or of the United States. An order of employment termination pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty or nolo contendere to the offense; or

(3) Upon application of the municipal prosecutor, county prosecutor, or the Attorney General, when the employment termination is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of this State. An order of employment termination pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty or nolo contendere to the offense.

b. No court shall grant a stay of an order of employment termination pending appeal of a conviction or employment termination order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of employment termination be overturned, the person’s eligibility for appointment to, or employment in, positions covered by Title 11A, Civil Service, of the New Jersey Statutes shall be restored from the date of employment termination.

c. Nothing in this section shall be deemed to preclude the Civil Service Commission from ordering the ineligibility of a person for appointment to, or employment in, positions covered by Title 11A, Civil Service, of the New Jersey Statutes, including in a case where the court does not enter an order of employment termination pursuant to this section.

4. (New section) Any person deemed ineligible for employment in positions covered by Title 11A, Civil Service, of the New Jersey Statutes pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time of the commission of the crime or offense, which pension forfeiture shall be applicable to the person as a member or retiree of such pension fund or retirement system.

5. Section 2 of P.L.2007, c.49 (C.43:1-3.1) is amended to read as follows:

2. a. A person who holds or has held any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, who is convicted of, or pleads guilty or nolo contendere to, any crime set forth in subsection b. of this section, or of a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State, which crime or offense involves or touches such office, position or employment, shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which he participated at the time of the commission of the offense and which covered the office, position or employment involved in the offense. As used in this section, a crime or offense that "involves or touches such office, position or employment" means that the crime or offense was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person.

b. Subsection a. of this section applies to a conviction of, or plea of guilty or nolo contendere to, any of the following crimes:

(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(5) N.J.S.2C:21-10, commercial bribery;

(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(8) N.J.S.2C:27-2, bribery in official matters;

(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(13) N.J.S.2C:28-1, perjury;

(14) N.J.S.2C:28-5, tampering with witnesses;

(15) N.J.S.2C:28-7, tampering with public records 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 wagering on official action or information;

(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct;

(20) Paragraph (1) of subsection a. of section 1 of P.L.2007, c.158 (C.2C:27-12), corruption of public resources, if the amount or value of the public resource is $500,000 or more;

(21) N.J.S.2C:14-2, sexual assault;

(22) N.J.S.2C:14-3, sexual contact; or

(23) N.J.S.2C:14-4, lewdness.

c. A court of this State shall enter an order of pension forfeiture pursuant to this section:

(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty or nolo contendere entered in any court of this State unless the court, for good cause shown, orders a stay of the pension forfeiture pending a hearing on the merits at the time of sentencing; or

(2) Upon application of the county prosecutor or the Attorney General, when the pension forfeiture is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of another state or of the United States. An order of pension forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty or nolo contendere to the offense; or

(3) Upon application of the municipal prosecutor, county prosecutor, or the Attorney General, when the pension forfeiture is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of this State. An order of pension forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty or nolo contendere to the offense.

d. No court shall grant a stay of an order of pension forfeiture pending appeal of a conviction or pension forfeiture order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of pension forfeiture be overturned, his pension rights and benefits shall be restored from the date of pension forfeiture.

e. Nothing in this section shall be deemed to preclude the authority of the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State from ordering the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service pursuant to the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where the court does not enter an order of forfeiture pursuant to this section.

(cf: P.L.2019, c.190, s.1)

6. This act shall take effect immediately.

STATEMENT

This bill, designated as the “Justice for Firefighter Patrick Thomas Act,” requires any person who is convicted of, or pleads guilty or nolo contendere to, certain crimes or offenses, on or after the effective date of the bill, to become ineligible for appointment to a position covered by the Civil Service and to lose the pension and benefits acquired through such position.

The bill provides that any person holding a position covered by the Civil Service, who is convicted of, or pleads guilty or nolo contendere to, certain crimes or offenses, on or after the effective date of the bill, will be immediately terminated and deemed not eligible for appointment to such current or future position covered by the Civil Service. The chairperson, in consultation with the Attorney General, will adopt rules and regulations as necessary to implement the provisions of the bill.

The bill also provides that employment termination and pension forfeiture will be required to be ordered by the court: immediately upon a finding of guilt by the trier of fact or a plea of guilty or nolo contendere entered in any court of this State unless the court, for good cause shown, orders a stay of the employment termination or pension forfeiture pending a hearing on the merits at the time of sentencing; or upon application of the county prosecutor or the Attorney General, when the employment termination or pension forfeiture is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of another state or of the United States; or upon application of the municipal prosecutor, county prosecutor, or the Attorney General, when the employment termination or pension forfeiture is based upon a conviction of, or plea of guilty or nolo contendere to, an offense under the laws of this State. The bill does not preclude the Civil Service Commission from ordering the ineligibility of a person for appointment to, or employment in, positions covered by the Civil Service, including in a case where the court does not enter an order of employment termination.

The bill also provides that any person deemed ineligible for employment in positions covered by the Civil Service pursuant to this bill will forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time of the commission of the offense, and will apply to such person as a member or retiree.