Prohibits elected local government officers from accepting employment with law firm for a period of time if officer voted to award local government contract to firm.

A4404

ASSEMBLY, No. 4404

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Prohibits elected local government officers from
accepting employment with law firm for a period of time if officer voted to
award local government contract to firm.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

prohibiting elected local government officers
from accepting certain employment and amending P.L.1991, c.29.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 5 of P.L.1991, c.29
(C.40A:9-22.5) is amended to read as follows:

���� 5.��� Local government
officers or employees under the jurisdiction of the Local Finance Board shall
comply with the following provisions:

���� a.���� No local government
officer or employee or member of his immediate family shall have an interest in
a business organization or engage in any business, transaction, or professional
activity, which is in substantial conflict with the proper discharge of his
duties in the public interest;

���� b.��� No independent local
authority shall, for a period of one year next subsequent to the termination of
office of a member of that authority:

���� (1)�� award any contract which
is not publicly bid to a former member of that authority;

���� (2)�� allow a former member of
that authority to represent, appear for or negotiate on behalf of any other
party before that authority; or

���� (3)�� employ for compensation,
except pursuant to open competitive examination in accordance with Title 11A of
the New Jersey Statutes and the rules and regulations promulgated pursuant
thereto, any former member of that authority.

���� The restrictions contained in
this subsection shall also apply to any business organization in which the
former authority member holds an interest.

���� c.���� No local government
officer or employee shall use or attempt to use his official position to secure
unwarranted privileges or advantages for himself or others;

���� d.��� No local government
officer or employee shall act in his official capacity in any matter where he,
a member of his immediate family, or a business organization in which he has an
interest, has a direct or indirect financial or personal involvement that might
reasonably be expected to impair his objectivity or independence of judgment;

���� e.���� No local government
officer or employee shall undertake any employment or service, whether
compensated or not, which might reasonably be expected to prejudice his
independence of judgment in the exercise of his official duties;

���� f.���� No local government
officer or employee, member of his immediate family, or business organization
in which he has an interest, shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise, or other thing of value was given or offered for the purpose
of influencing him, directly or indirectly, in the discharge of his official
duties.� This provision shall not apply to the solicitation or acceptance of
contributions to the campaign of an announced candidate for elective public
office, if the local government officer has no knowledge or reason to believe
that the campaign contribution, if accepted, was given with the intent to
influence the local government officer in the discharge of his official duties;

���� g.��� No local government
officer or employee shall use, or allow to be used, his public office or
employment, or any information, not generally available to the members of the
public, which he receives or acquires in the course of and by reason of his
office or employment, for the purpose of securing financial gain for himself,
any member of his immediate family, or any business organization with which he
is associated;

���� h.��� No local government
officer or employee or business organization in which he has an interest shall
represent any person or party other than the local government in connection
with any cause, proceeding, application or other matter pending before any agency
in the local government in which he serves.� This provision shall not be deemed
to prohibit one local government employee from representing another local
government employee where the local government agency is the employer and the
representation is within the context of official labor union or similar
representational responsibilities;

���� i.���� No local government
officer shall be deemed in conflict with these provisions if, by reason of his
participation in the enactment of any ordinance, resolution or other matter
required to be voted upon or which is subject to executive approval or veto, no
material or monetary gain accrues to him as a member of any business,
profession, occupation or group, to any greater extent than any gain could
reasonably be expected to accrue to any other member of such business,
profession, occupation or group;

���� j.���� No elected local
government officer shall be prohibited from making an inquiry for information
on behalf of a constituent, if no fee, reward or other thing of value is
promised to, given to or accepted by the officer or a member of his immediate
family, whether directly or indirectly, in return therefor;
[
and
]

���� k.��� Nothing shall prohibit
any local government officer or employee, or members of his immediate family,
from representing himself, or themselves, in negotiations or proceedings
concerning his, or their, own interests
; and

����
l.���� (1)�� No elected
local government officer shall accept employment with a law firm if the officer
voted to award that firm a contract with the local government.� This
restriction shall apply for the duration of the contract and for a period of
one year thereafter.

����
(2)�� No local government
shall continue a contract with a law firm, or enter into a new contract with
the same law firm for a period of one year thereafter, if a former elected
officer of the local government who voted to award that contract accepts
employment with the firm.� This restriction shall be included in the resolution
or bid specifications prepared pursuant to the "Local Public Contracts
Law," P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of
P.L.��� , c.��� (pending before the Legislature as this bill) for a local
government contract with a law firm.� The restriction shall apply to contracts
for which the restriction was included within the resolution or as a bid
specification
.

(cf: P.L.1991, c.29, s.5)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would prohibit an
elected local government officer from accepting employment with a law firm if
the officer voted to award that firm a contract with the local government.�
This prohibition would apply for the duration of the contract and for a period
of one year thereafter.� To address situations in which an elected local
government officer leaves office after voting to award a contract to a law
firm, the bill would also prohibit a local government from continuing that
contract, or from entering into a new contract for a period of one year
thereafter, if the former elected officer accepts employment with the law
firm.� This prohibition would apply to contracts for which the restriction was
included in the resolution required for professional services contracts or the
bid specification, as applicable, entered into after the date of enactment.

���� The bill would add these
prohibitions to the list of ethical requirements under the "Local
Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.).�
Although this law may already prohibit such practice in some cases through its
restrictions against local officers securing unwarranted privileges, advantages,
or financial gain for themselves, there may be some circumstances in which such
practice is permissible or in which a violation may be difficult to prove.� By
establishing a flat ban on this practice, this bill would help prevent abuses
of office from occurring and help eliminate the appearance of such abuse.