I. State Issues
a. Corona Resources Available for Local Leaders
Local responses might be essential if the Coronavirus (CIVID-19) hits New Jersey hard. The League is committed to providing you with the best information and advice available. League Attorney Frank Marshall has analyzed your legal rights during a public health emergency in a post on our Town Crier blog. Amy Spiezio, Managing Editor of New Jersey Municipalities magazine, is curating a Corona Virus (COVID– 19) webpage on our website. There, you will find links to the latest information posted by the Centers for Disease Control (CDC), the New Jersey Department of Health, the World Health Organization (WHO), and other trusted sources. The website includes reliable sources providing specific Guidance for Local Officials.
In addition to your efforts to protect the public, your first responders, and your workforce, you have to think about how your operations could be effected by staff shortages. You might also consider how you can ensure technological security, if employees are required to work from home. Finally, you may need to protect yourself, your employees, and your citizens from any ‘disinformation campaigns’ that might arise on the internet. The Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA) has established a landing page, where information on management planning and response to the current Coronavirus (COVID19) outbreak is being posted.
Over the next few days, and on an ongoing basis, CISA will be posting guidance for employers - public and private - focusing on the following four areas
Workforce and citizens/clients/customers protection
Cybersecurity, including planning for remote work security (including firewalls, malware protection and network access protections) and guarding against phishing scams
Supply chain issues, crucially including personal protective equipment (PPE) for health care workers and first responders
Disinformation avoidance and response, including disinformation relating to elections and the availability of public services, as well as the importance of directing concerned parties to reliable sources, like the CDC
In addition, CISA is preparing a Pandemic Guide and CISA should post it soon. That document will include important planning information, including assembling a response team, identifying essential personnel, clearly delineating areas of responsibility, and planning for staff shortages.
Relying on trusted sources, we will continue to update our COVID-19 webpage and will do our best to give you tools that you can use to better serve those who depend on you.
Contact: Michael F. Cerra, Assistant Executive Director, mcerra@njlm.org, 609-695-3481 x120.
b. Senate Committee Unanimously Releases PFRS 20 and Out Legislation
On Thursday, the Senate State Government Committee unanimously released S-1017 which permits a PFRS employee who is enrolled before or after the bill’s effective date to retire, regardless of age, upon attaining 20 or more years of service credit and would allow that employee to receive a retirement allowance equal to 50% of the member’s final compensation. The bill now awaits consideration by the Senate Budget and Appropriations Committee.
As we previously reported in our February 28 Weekly Round-Up the public safety unions are pushing this legislation in response to what they believe is a misinterpretation of the 1999 law. During their testimony, the public safety unions argued that the minimum increase cost incurred by this legislation will be off-set by the healthcare savings.
The League along with the New Jersey Association of Counties testified in opposition to the bill noting that the benefits would impact the pension fund liability leading to increase costs and that before enhanced benefits are considered the pension fund must be stable and healthy. While a 74% funding ratio for the local Police and Fire System (PFRS) is on the right track, the fund is not yet stable enough to consider enhanced benefits. This legislation does not account for the impact of the recent market downturn or the reduction of the assumed rate of return on the pension fund. In addition, we question how healthcare benefits savings will offset the increase pension liability cost as not all municipalities and counties provide healthcare benefits in retirement and while the state will fund the liability the municipality or county pays for healthcare benefits if provided, in retirement.
Please contact your Senator and urge them to vote against providing an enhanced benefit before the pension fund is fully funded and stable. The bill could be before the Senate Budget and Appropriations Committee as early as March 16.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
c. DEP Adopts New Stormwater Management Rules and Offers Updates to BMP Manual
The Department of Environmental Protection (DEP) this week adopted new Stormwater Management rules, originally proposed in December 2018. These new rules represent substantial changes to how major developments must incorporate nonstructural stormwater management strategies, with an increased focus and requirement on the use of green infrastructure BMP’s. The goal of these new rules is to improve the quality and reduce the volume of stormwater runoff all while maintaining the natural hydrological cycle of the area of development. The DEP has updated their Model Stormwater Control Ordinance to reflect these rule adoptions.
The DEP also this week, released two draft chapters of the New Jersey Stormwater BMP Manual for public comment. These chapters are Chapter 5: Stormwater Management Quantity and Quality Standards and Computations and Chapter 12: Soil Testing Criteria. Each of these chapters will be open for comment for 60 days. Any comment should be emailed to DWQ-BNPC-StormwaterManagement@dep.nj.gov. If you comment on these draft chapters we ask that you also provide a copy to the League.
You should review these newly adopted rules and the draft BMP Manual chapters with your planning board, municipal attorney, planning board attorney, and engineer, for further information on how these new rules and proposed BMP Manual changes could impact your municipality.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
d. Division on Civil Rights Issues Guidance on Equal Pay Act
This week, the Office of the Attorney General, Division on Civil Rights (“DCR”) issued guidance on the Diane B. Allen Equal Pay Act. As the may recall, the Diane B. Allen Equal Pay Act (“Act”) modified the State’s Law Against Discrimination (“LAD”) to provide protections against employment discrimination and promote equal pay for all groups protected by the LAD, by prohibiting an employer from paying an employee who is a member of a LAD-protected class less than what it pays an employee who is not a member of that LAD-protected class for substantially similar work.
Although the law took effect on July 1, 2018 the Division of Civil Rights released their guidance this week. The guidance document does not impose any new or additional requirements under the LAD, nor does it provide additional rights or obligations under the law. The purpose of the guidance is to clarify and explain the DCR’s understanding of existing legal requirements in order to facilitate compliance with the LAD.
You should review this guidance document with your employment attorney and anyone within your municipality responsible for hiring employees.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
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