I. State Issues
a. 2020 Census and Employment Opportunities – New Jersey Removing
Roadblocks
We are now within 12 months of 2020 Census Day – April 1, 2020. The U.S Census Bureau has been staffing up for the count that will determine New Jersey’s representation in Congress, Congressional and State Legislative District boundaries, and the amount of federal formula funding that will be made available to the Garden State and to every community within it. What happens during the census will determine representation and resource allocations for your municipality for the next ten years.
An undercount will cost the citizens of your municipality, and of our State, equitable representation and their fair share. If you have not yet started to plan for the census, we encourage you to see the Bureau’s One Year Out report and its 2020 Operational Plan for good overviews of what will be done and what you can do to make this Constitutionally required count a success. Then find out how You Can Partner with the Bureau.
The census also creates an opportunity for temporary employment that can provide extra income to unemployed, under-employed, and self-employed individuals, as well as students and retirees in your community. You can share this information and direct interested parties to the Bureau’s 2020 Census Jobs site.
We have also learned that the New Jersey Division of Family Development (the Division), in the Department of Human Services, has secured waivers from the Federal government that will eliminate one potential roadblock for census job seekers. Under the waivers, temporary employment for the 2020 Census will not impair eligibility for any cash public assistance benefits. So TANF and GA benefits will not be reduced or lost, due to Census Bureau employment.
The Division is also exploring the possibility of protecting SNAP benefits, at this time. We will keep you posted on that, and on other 2020 Census opportunities.
You might also want to keep an eye on the League’s Census 2020 resource page.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121.
b. Tax Court Ruling Prohibits Tax Assessors from Acting as Appraisal
Experts
While municipal tax assessors are already prohibited through regulations from appearing as expert witnesses before county boards of taxation (see, N.J.A.C. 18:12A-1.9(l)), this prohibition had never before been applied to the tax court.
Last week, however, the State Tax Court ruled in a published tax court decision that the prohibition of municipal tax assessors appearing as expert witnesses should be extended to the tax court as well. The court reasoned that as impartial judges of property values, tax assessors should take great care to avoid shaking the public’s confidence in the integrity of municipal assessors. Using the current prohibition at the county tax board level, the Local Government Ethics Law and other guidance as a backdrop, the court found that any appearance by a municipal assessor at the tax court, challenging the assessment of another, undermines the integrity of the assessor’s office.
You should share this information with your municipal assessor and review the opinion with your municipal attorney for further guidance.
Contact: Frank Marshall, Esq., League Staff Attorney, fmarshall@njlm.org, 609-695-3481 x 137.
c. Public Comment Period Extended for DEP Proposal to Expand C1
Waterway Designation
Last month the DEP proposed amendments to the Surface Water Quality Standards (SWGS) that would upgrade 749 miles of waterways to Category 1 (C1) antidegradation status. Comments on the proposed changes were scheduled to be submitted on or before May 3, 2019 but because of requests from the League and other stakeholders, the DEP has agreed to extend the public comment period until June 3, 2019.
Waterways with the C1 designation require additional oversight, including heightened wastewater discharge standards and a 300-foot development buffer. The DEP proposal included waterways that run through 67 municipalities across the state.To see if one of the waterways runs through your municipality please see the DEP rule proposal.
The League is working with our members as well as stakeholders to review the proposal in order to provide appropriate comments on the municipal impact of the proposed expansion of C1 waterways.
Contact: Frank Marshall, Esq., League Staff Attorney, fmarshall@njlm.org, 609-695-3481 x 137.
d. 2019 Financial Disclosure Statements Guidance Issued
The Division of Local Government Services has issued guidance on the filing of the 2019 Financial Disclosure Statements. Local Finance Notice 2019-05 outlines the on-line filing procedures for filing the statutorily required annual Financial Disclosure Statements. The deadline to file the Financial Disclosure Statements (FDS) is on or before April 30th. After April 30, any new local government officers will have 30 days from taking office to file their FDS.
Please note that the Local Finance Board may periodically conduct audits for compliance and initiate investigations. Local Government Officer can be assessed an appropriate fine that is not less than $100 nor more than $500 pursuant to N.J.S.A. 40A:9-22.10. In addition, for elected officials, the failure to file a FDS can subject the municipality to a loss of State Aid as it is a question on the “Best Practices” Questionnaire.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
e. DLGS Budget Examination Delays
Yesterday, the Division of Local Government Services notified Chief Financial Officers that due to the number of public hearings on municipal budgets scheduled for overlapping dates next week the Division may not be able to complete their budget examination of certain municipal budgets by the scheduled public hearing date.
If your budget is scheduled for Division examination and they are unable to complete your municipal budget examination prior to your scheduled and advertised public hearing date the public hearing must occur. However, no action may be taken on your budget until the Division has completed their examination. If your budget is before the Division for examination we suggest you review the notice with your Chief Financial Officer.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.
f. Municipal Position on Governor’s FY 2020 Budget Proposal
The League has sent a formal letter, spelling out our position on Governor Murphy’s proposed budget, to the Chairs of the Senate and Assembly budget committees. Copies of the letter were also sent to all Committee members. While noting areas of agreement, the letter highlights our continued opposition to the underfunding of general municipal property tax relief funding, which has yet to approach pre-2008 recession levels. You can read the full letter on our Town Crier blog.
Contacts:
- Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121
- Michael F. Cerra, Assistant Executive Director, mcerra@njlm.org, 609-695-3481 x120.
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