If convicted under the bill, the person would be forced to forfeit the public office or position, be barred from public employment in the future and face up to 18 months in prison and a $10,000 fine. Take a NEWS POLL.
Jack Ciattarelli
The measure introduced earlier this month by Jack Ciattarelli takes specific aim at incidents reported across the state in the aftermath of Superstorm Sandy dealing with public officials and employees using electrical generators for their own personal benefit.
In December, Warren County Sheriff David Gallant announced that following an internal investigation by his office, it was discovered that county jail officers misused county-owned generators in the days following Sandy.
Officials in Union and Sussex counties reported similar incidents.
"Public officials are supposed to serve, not be self-serving," said Ciattarelli, a Republican whose 16th Legislative District covers parts of Hunterdon County. "The arrogance and selfishness of public officials to personally use and benefit from using municipal- and county-owned generators is an unconscionable breach of the public trust."
The measure would make it a fourth-degree crime for a public official or employee to use a public resource during a declared state of emergency for personal benefit.
If convicted under the bill, A4017, the person would be forced to forfeit the public office or position, be barred from public employment in the future and face up to 18 months in prison and a $10,000 fine.
"Those who hold public office and work in government are held to a different standard, especially during states of emergency," Ciattarelli said in a statement. "This legislation ensures that the punishment for violating that standard will fit the crime."
No criminal charges were ever filed against the Warren County jail employees and county officials have declined to offer any details on the internal investigation, prompting public records advocate John Paff to file a civil complaint against the prosecutor's office to find out why.
On Thursday, Gallant said that he would support Ciattarelli's legislation but felt content with the discipline that was meted out in Warren County's case.
"Discipline is about correcting negative behavior sometimes, and I'm quite sure that was done in our instance and we've moved on from it," Gallant said.
Ciattarelli's bill already has support from one Warren County colleague in the Assembly.
Assemblyman John DiMaio, a Republican whose 23rd District covers parts of Warren and Hunterdon counties, said that while public officials and employees already should know better than to misuse public resources, the bill reinforces the message.
That especially rings true in regards to the related incident in Warren County, DiMaio said.
"Those folks were wrong, and a bill like this will make them think twice before they do anything like that again," DiMaio said.