New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S814

Introduced
1/18/22  

Caption

Requires suspension without pay and health care benefits if public officer or employee formally charged with crime involving or touching office, position, or employment.

Impact

The implementation of S814 fundamentally alters how allegations against public officers are treated within state law. By mandating suspension without benefits, the bill aims to protect the public trust and uphold the dignity of public office. Critics may argue, however, that this approach preempts presumption of innocence for individuals facing charges and might lead to economic hardship for those who are ultimately exonerated. The bill ensures that, in case of exoneration or dismissal of charges, the individual will receive back pay and coverage for healthcare benefits during their period of suspension, which serves to mitigate some financial repercussions.

Summary

Senate Bill S814 proposes a framework for handling instances where public officers or employees are formally charged with a crime that pertains to their position or employment. Under the bill's provisions, any individual in a public role will be suspended from their duties without pay or health benefits upon formal charges being filed. The suspension will last until the individual is either convicted, exonerated, or if the charges are dismissed. This suspension approach seeks to maintain the integrity of public office and ensure that individuals with pending criminal charges do not continue serving in their capacities, thus providing a mechanism for accountability.

Contention

Opponents of S814 may raise concerns about fairness and the potential for misuse of the law. The mandatory nature of suspension could lead to situations where public servants are left without income and insurance while fighting charges, regardless of the outcome. This raises ethical questions regarding the balance between safeguarding public trust and ensuring the rights of individuals who hold public office. The debate surrounding this bill could involve discussions of due process, the burdens placed on public employees, and the societal implications of automatically suspending someone based solely on charges rather than convictions.

Companion Bills

No companion bills found.

Previously Filed As

NJ S140

Requires suspension without pay and health care benefits if public officer or employee formally charged with crime involving or touching office, position, or employment.

NJ A4170

Imposes mandatory forfeiture of public office, position or employment upon conviction of certain offenses.

NJ S2544

Provides full forfeiture of pension of elected or appointed official convicted of any crime touching office.

NJ A3828

Provides full forfeiture of pension of elected or appointed official convicted of any crime touching office.

NJ S1876

Requires State employer to ascertain child abuse or sexual misconduct in employment applications for certain positions involving children; requires background checks for current and prospective employees.

NJ A3639

Requires State employer to ascertain child abuse or sexual misconduct in employment applications for certain positions involving children; requires background checks for current and prospective employees.

NJ HB524

Public officers and employees; elected officers or officials shall not have their employment terminated solely as a result of being elected to or holding an elected office; provide

NJ HF1339

Public employees police and fire retirement plan; payment of a normal retirement annuity without reduction or suspension upon employment or reemployment on or after 55 years of age permitted.

NJ SF5308

Payment authorization of a retirement annuity without reduction or suspension upon reemployment of a police officer

NJ S1942

Establishes procedures for disqualification from public office or employment upon conviction of certain crimes; creates registry.

Similar Bills

No similar bills found.