I. State Issues
a. State Releases Significant Transitional Aid Funding
As you may recall, when signing the State’s FY 2020 spending plan, back in June, uncertainty about meeting revenue targets prompted Governor Murphy to direct the State Treasurer to withhold funding for certain programs. The total held in abeyance equaled $235 million. Satisfied with collections, to date, on Thursday the Department of the Treasury released a total of $114 million. Among the programs receiving support are Transitional Aid for distressed municipalities, substance use disorder programs, cancer programs and some higher education initiatives. Specifically, the Treasurer has released just under $54 million in Transitional Aid funding to the Department of Community Affairs. That is slightly more than half of the $105 million that had been ‘reserved’ in July.
We objected to the Governor’s decision to put the Transitional Aid program, designed to support those most in need, into jeopardy. We are, now, gratified that a first step has been taken to begin to fund the program at the level specified in the State’s Budget.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121.
b. Domestic Violence Policy for all Public Employers Released
P.L. 2017, c. 272 required that the Civil Service Commission develop a uniform domestic violence policy, which all public employers regardless if they fall under Civil Service, must adopt and distribute to their employees. On Tuesday, the Civil Service Commission announced the new Domestic Violence Policy. The policy is for all public employers and covers all employees including seasonal, interns, volunteers and temporary employees at any workplace. The law does permit a public employer to modify the uniform domestic violence policy to fit their unique circumstances but modifications may not conflict with the requirements of the law. For more on the new policy please see our October 17 blog post.
The League has contacted the Civil Service Commission for clarity on the new policy. While we support efforts to help domestic violence victims we question whether the policy went through the normal procedure for writing state regulations, which include publication in the New Jersey Register and consideration of public comments before adoption. We also question how much consideration was given to how municipalities — especially small ones that probably don’t have a dedicated HR professional on staff — would be able to afford to implement the policy.
It is anticipated that the Division of Local Government Services will be issuing a Local Finance Notice shortly. We will continue to keep you apprised of our findings, however, we strongly suggest you review the policy and Domestic Violence resources with your administrator and municipal attorney.
Contact: Michael F. Cerra, Assistant Executive Director, mcerra@njlm.org, 609-695-3481 x120.
c. CY 2019/SFY 2020 Best Practices Inventory Deadline October 30
As a reminder the deadline for the CY2019/SFY 2020 Best Practice Inventory is October 30 for all municipalities. For more on the Inventory, the process and changes please read our September 13 blog post.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481, ext. 112.
d. OPRA/OPMA Update & Sample Resolution
Recently, Senator Weinberg noted that she has been working for more than two years to update the outdated Open Public Records Act (OPRA) and Open Public Meetings Act (OPMA) and will continue to address them during lame duck, presumably through her bills S-106 (OPMA) and S-107 (OPRA). In response to this, the League and Municipal Clerks Association of New Jersey has prepared a sample resolution calling for a study commission to review the almost 20-year-old law.
The sample resolution also asks for information on your municipal experience with OPRA, including the number of requests, approximate staff hours staff and attorney fees your municipality has incurred responding to OPRA requests. We respectfully request that you consider adopting the sample resolution and forward a copy to your State Senator, Assembly Representatives as well as Senate President Sweeney, Assembly Speaker Coughlin, Senator Weinberg, and Governor Murphy.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org, 609-695-3481, ext. 112.