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2008 Annual Report As we meet in Atlantic City to celebrate new ideas, we want to single out one such idea that became a reality in this, the League’s 93rd year of existence. For years, the League has offered professional development programs to its membership on a wide-range of issues confronted by both locally elected and appointed officials. As successful as this programming continues to be, many within our ranks have asked for additional programming, focusing less on the mechanics of running a local government day-to-day, and more on larger, policy issues. The League’s Executive Board authorized the creation of an educational foundation. As a result, the League of Municipalities’ Educational Foundation was incorporated in September 2004 under IRS regulations as a 501 (c) (3) corporation. The purpose of the Foundation is to conduct, encourage and support in-depth educational programs for local government officials and employees. At the same time, this work will add to the public knowledge, inform critical decision-making and benefit all the citizens of New Jersey. The work of the Foundation began in December 2007 with a Mayors Retreat on the School Funding Formula. The retreat, made possible by a generous grant from The Fund for New Jersey, involved more than 40 mayors and experts studying and discussing the issue over the course of two long days. The result was a report and recommendations posted on the Internet and transmitted to the Corzine Administration offering a unique and full spectrum view of local issues, related to school funding. The Trustees followed up that substantial initial effort by developing a schedule of timely education. They selected two themes: School Funding and COAH/Affordable Housing. These two topics have enormous implications for property taxes, responsible planning and quality of life throughout New Jersey, are closely linked to the functions of local government, and are tremendously important for local officials to understand. The second theme is affordable housing in New Jersey. This year, COAH promulgated new rules and formulas for determining the required affordable housing for each community in the state. A March, 2009 educational program is being developed to help local governments and their critical partners understand the profound, far-reaching impact of these complex rules and the status of affordable housing in the State. LEGAL ADVOCACY The League Staff Attorney continues to monitor court decisions that may have an impact on municipalities, and informs municipal officials of those decisions of importance to them. She also continues to review proposed state regulations and court rules, and together with outside counsel, has arranged for and prepared comments on those with municipal impact. As head of the Bureau of Municipal Information, she responds to legal questions and issues from municipal officials through the NJLM Legal Consultation Service. These queries cover a broad range of municipal subjects, including the Open Public Meetings Act, the Open Public Records Act, and conflicts of interest, just to name a few. The entire legal team continues to work with the League Staff on a wide range of legislative and regulatory issues. On the regulatory front, along with its substantial work on the COAH rules, the legal staff has commented on other proposed regulations with municipal impact. Among these were the identity theft/computer security rules issued by the Division of Consumer Affairs. The League joined with other stakeholders and convinced the Division to reconsider the most burdensome part of these regulations. League lawyers also crafted comments on two proposed rules from the State Agricultural Development Committee, one concerning commercial, non-agricultural activity on preserved farmland, and the second concerning equine activities and compost operations; proposals from the Department of Environmental Protection on freshwater wetlands protection and dam safety standards; and a proposal by the Division of Pension and Benefits concerning local employer payment of dependant charges. The League considers requests from municipalities or municipal attorneys for intervention in court cases on behalf of specific local governments. Intervention requests are submitted to the League General Counsel and are considered by the Amicus Curiae Committee. The policy underlying the review of intervention requests provides that the committee can recommend that the League intervene and file a brief in appropriate cases of broad municipal importance. The League does not generally participate in cases at the trial court level, but has found that cases involving broad municipal issues which justify League intervention as amicus curiae are more likely to be those pending in the Supreme Court and Appellate Division. One important case the League is participating in this year is the appeal of a Tax Court decision holding for the Borough of Pennington in the case of The Presbyterian Home at Pennington, Inc. v. the Borough of Pennington. This case concerns the denial of a tax exemption for “hospital purposes”. The denial of this exemption by the borough was upheld by the Tax Court and appealed by the taxpayer. The outcome of this case has broad implications for the municipal tax base. The League is also participating as amicus in the successful challenge before the Council on Local Mandates to the budget law requiring cost sharing with the state for the first time by those rural municipalities served by the State Police. This State Police protection is provided for by statute, and since no source of funding has been given for this new municipal expense other than property taxes, it is a new state mandated cost for these municipalities. In addition to those cases which are reviewed by the Amicus Curiae Committee, there are cases where the officers or the Board of Directors of the New Jersey State League of Municipalities may authorize intervention or even may initiate litigation in order to protect municipal interests. To facilitate municipal participation in the League amicus program, the standards for League amicus intervention are now posted on our web site, under “Services”. We encourage municipalities facing litigation to consult them. LEGISLATIVE ACTIVITIES Early on, that necessary unity was tested. But, as never before, local officials stepped forward to participate in united action against some serious challenges to local integrity and the needs of our property tax paying fellow citizens. Whether the issue was affordable housing, eminent domain, arbitration reform, environmental protection, economic redevelopment, forced consolidation, scope of negotiations, paid family leave or property tax relief, unprecedented numbers of local officials from all around our Garden State responded to Mayor Bowser’s call to selfless participation in our efforts to resist ineffective legislation and to promote workable reforms. Though any one of a number of issues could be used to illustrate that committed cooperation, this year’s State Budget deliberations provided just one case in point. Throughout this year’s State budget deliberations, we heard a lot of talk about municipal funding formulas, the need to base distribution on ‘efficiency,’ and fairness. All of that talk can and should serve as a beginning for a long, thoughtful and serious debate on how to maximize property tax relief in New Jersey. But it should not be used to disguise the current crisis. Following the Governor’s proposal to cut municipal property tax relief funding by $190 million, three major concerns were immediately apparent to those elected to plan and manage local budgets.
Regarding the magnitude of the cuts, in his address to the Legislature, among the many proposed cuts, the Governor mentioned three funding areas he was forced to short-change—hospitals, higher education, and municipal property tax relief. Guess which one of those faced the deepest dollar cuts? Higher Ed would be cut by $75.6 million. Hospitals would lose $143.5 million. And municipal property tax relief would be slashed by $189.6 million. Regarding the timing, local budget makers were given no warning on the cuts, as they planned their own budgets for 2008. One year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens’ Convention, Mayors across the State feel that the rug had been pulled out from underneath them. And property taxpayers would be asked to shoulder more than their fair share of the funding burden. And regarding the arbitrary population formula, the original proposal would have eliminated Consolidated Municipal Property Tax Relief Aid (CMPTRA) for any municipality with a population of less than 5,000. It would have cut CMPTRA funding in half for any municipality with a population between 5,000 and 10,000. And all but a handful of those with more than 10,000 citizens would have faced substantial cuts in property tax relief, with some losing millions of dollars. Based on Trenton’s untested convention ‘wisdom’ that bigger government is necessarily better government, and irrespective of extensive current service sharing arrangements, these arbitrary population limits seemed designed to force local officials into otherwise unwise and inefficient consolidations. In response to this proposal, scores of local officials stepped forward to present testimony to the Legislature’s budget writing committees at six public hearings, held all around the State. Hundreds came to Trenton, at the League’s invitation, to meet with key State policy-makers, including the Governor, himself, to explain the inevitable impact of the cuts on local property tax payers, to explain the unfairness of the timing and to explain the rationale for the historic funding formulas. And thousands consulted our website on the latest developments in the process. Throughout this effort, big city mayors spoke of the needs of small municipalities. Suburban mayors testified to the need of their urban and rural colleagues. North Jersey supported South Jersey. And Republican local officials stood shoulder-to-shoulder with Democrats. This unity was highlighted at a special April Press Conference, called by Mayor Bowser, to refocus legislative and media attention on our State’s property tax crisis and the importance of full restoration of the slated relief funding cuts. By now, you all know the outcome of that effort. And you also know the battle will most likely be joined again in the Spring of 2009. In that near future, as in the past, our League staff members will continue their fearless and forthright advocacy of our interests—the interests of those who live in municipalities, and count on municipalities for a whole host of vital services and programs, designed to maintain and enhance their lives and interests. But the staff is only a part of our equation. During the past year, as in all years past, numerous committed municipal officials have gotten personally involved in issues. They have taken the time and made the effort to come to our State’s Capital, in order to personally present their testimony in support of beneficial bills, in opposition to potentially problematic proposals and in defense of the interests of their property taxpaying fellow citizens. If you are one of these, you should know that you have earned the gratitude of us all. In fact, our thanks should be extended to all who took the time to try to influence their legislators, on behalf of local government in our Garden State. Your letters, phone calls and personal contacts are the League’s best insurance of influence on the development of policy in the corridors of power. And, the heart and soul of League Legislative activity remains our Legislative Committee. The members of this body, and of the many special committees convened for specific reasons, generously volunteer their irreplaceable time, their considerable talents and their unequaled expertise. They do so enthusiastically and altruistically, wanting nothing other than that which they believe to be best for the current—and future—generations, which call this State their home. FEDERAL RELATIONS Legal advocacy on behalf of cities and towns is an important part of NLC’s mission in Washington. The impact of Court decisions and federal administrative rules affecting governments are growing rapidly. Through the work of the NLC Legal Advisory Program, NLC serves its membership by being an advocate for the interests of municipal governments on legal issues of national importance to cities and towns. Concluded U.S. Supreme Court cases dealt with these issues: Chevron/Preemption (In Watters, Commissioner of the Michigan Office of Insurance and Financial Services v. Wachovia Bank, N.A. and Wachovia Mortgage Corp., the United States Supreme Court ruled that regulations issued by the Office of the Comptroller of the Currency preempted conflicting state laws.); Commerce Clause/Flow Control Ordinances (In United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, the Court upheld ordinances requiring the use of governmentally owned waste management facilities against a dormant Commerce Clause challenge.) ; First Amendment (In Oscar Renda Contracting, Inc. (“ORC”) v. Lubbock, Texas, NLC prepared a brief on behalf of itself and the Texas Municipal League supporting a petition for certiorari. The question for the Court’s consideration was whether contractors bidding on government projects have a First Amendment right to be free from retaliation when they do not have an existing business relationship with the government. The Court denied certiorari.); Fourth Amendment/Section 1983/High Speed Chases and Qualified Immunity (In Scott v. Harris, the Court held the officer involved in terminating a high speed chase acted reasonably under the circumstances and was therefore entitled to qualified immunity.); Individuals with Disabilities Education Act (In NYC Bd. Of Educ. v. Tom F, in a 4-4 per curiam decision, the Court affirmed the Second Circuit’s holding that a child need not have previously received special education and related services from the public schools to qualify for tuition reimbursement for a private school placement.); and Section 1983/Attorney’s Fees (In Struhs v. Wyner, the Court ruled a Section 1983 plaintiff who obtains a preliminary injunction but who later is denied a permanent injunction seeking virtually identical relief is not a “prevailing party”: entitled to recover the attorney’s fees.) Pending U.S. Supreme Court cases will have dealt with: Commerce Clause In Department of Revenue of Kentucky v. Davis, the Supreme Court will decide whether a state violates the dormant Commerce Clause by providing an exemption from its income tax for interest income derived from bonds issued by the state and its political subdivision, while treating interest income realized from bonds issued by other states and their political subdivisions as taxable to the same extent, and in the same manner, as interest earned on bonds issued by commercial entities, whether domestic or foreign. NLC joined a brief prepared by the State and Local Legal Center. The case is expected to be decided in late 2008. Due Process (In Sciolino v. City of Newport News, Virginia, the Supreme Court will be asked to decide whether stigmatizing allegations can deprive a government employee of a constitutional liberty interest before the allegations are publicly disseminated. The Fourth Circuit held that a probationary employee states a cause of action when the complaint alleges a “likelihood” that the information will be made public. The Court denied certiorari.); and Preemption (In New Hampshire Motor Transport Association v. Rowe, the Supreme Court will determine whether Maine’s regulations governing the delivery of cigarettes to merchants and customers are preempted by the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. Sections 14501(c)(1) and 41713(b)(4)(A). NLC joined a brief prepared by the State and Local Legal Center. Issues recently resolved or pending resolution in lower federal courts include Preemption/Air Quality Standards, Preemption/Nutrition Labeling Standards and First Amendment, Americans with Disabilities Act, the First Amendment, the FLSA, Preemption/Stormwater Payments to Cities, Telecommunications Section 1983, Telecommunications/Cell Tower Siting and Section 253, and Telecommunications/Cable Franchising. 2008 Congressional Lobbying Priorities for the 110th Congress, 2nd Session included: Energy Efficiency and Conservation Block Grant (Provide full funding ($2 billion) for fiscal year 2009 for the new Energy Efficiency and Conservation Block Grant Program, and); Transportation Funding (Provide full funding for federal transportation programs that support bridges, roads, highways, transit and Amtrak, support funding that goes directly to local governments, and collaborate with local elected officials on the reauthorization of the surface transportation infrastructure program); Housing Finance Reform (In response to the mortgage foreclosure crisis, support legislation that would strengthen and stabilize America’s housing finance system by reforming the mortgage process, curbing predatory lending, and providing foreclosure mitigation assistance); Public Safety (Restore and protect funding for proven public safety programs, including the Community Oriented Policing Services (COPS) program, Byrne Justice Assistance Grants, and other State and Local Law Enforcement Assistance Programs, that are essential resources for preventing crime in local communities); and Immigration Reform (Enact comprehensive immigration reform that addresses border security; interior as well as workforce enforcement; guest workers; legalization of undocumented workers currently in the U.S.; and support for services provided by cities and town). In cooperation with NLC, we kept our federal legislators in both the House of Representatives and the U.S. Senate apprised of our positions on matters important to New Jersey municipalities, and we kept you informed of policy actions in our Nation’s Capitol. We continued with our Washington Watch program and, for your use and information produced a new edition of our popular “Federal Directory.” Jon Moran is League liaison to NLC and reports on federal issues. BUREAU OF MUNICIPAL INFORMATION So, if you have a legal issue, whether it concerns a conflict of interest question, the interpretation of a statute or regulation, or another municipal law subject, and you want an informal consultation with an attorney knowledgeable in municipal law, contact Deborah Kole at the League, extension 137, or at dkole@njslom.com. *Please note that the intent of this service is to provide a helpful consultation and not legal advice. On the League’s website, the Bureau’s web pages provide links to relevant sites for those interested in timely research into local laws. The Bureau’s main page can be found at www.njslom.org/bureau_mun_info.html. These pages also include various resource and informational centers, and links to informational websites and tools, such as descriptions of New Jersey’s forms of government. The resources that we offer are continually being expanded and improved. The Bureau maintains the largest collection of ordinances in the State. We offer an electronic ordinance library that can be accessed on our website. If members cannot find the sample ordinance they are looking for online, additional ordinances may be obtained by our members via telephone or e-mail. Another function of the Bureau is the publishing of reports and data, and the listing of publications available to our member has continually been expanded throughout the last several years. These publications are updated regularly. The League publication on the Open Public Meetings Act was revised in 2008 by the League Staff Attorney to include new statutes and case law. Several of our municipal license series booklets were also updated in 2008, as well as our annual update of our Police and Fire Contract Law Data Service. The full list of publications is available on the League’s web site (www.njslom.org/Publications.html). The League’s Grant Resource Center is our online resource for grant research. In continuing our Grant Consultation Service, the League recently partnered with Triad Associates. Members may contact Triad via telephone or email with grant questions. Each month, the Grant Resource Center highlights a new monthly article on a topic pertinent to grants in the State’s current environment. The site also features grant links to pertinent grants with upcoming application deadlines. At the end of each month, featured monthly articles are archived in the Grant Seeker’s Toolkit for future reference. The Center also includes a Grants News & Information page, which was updated regularly throughout 2008 to publicize current grant news and announcements. The League has recently expanded its Interlocal Advisory Center to include a Shared Services Board, which enables local government employees to post requests, questions and ideas with regards to sharing services with other municipalities. The Interlocal Center is an online ready-reference informational center for interlocal service agreements, New Jersey’s interlocal statutes and various other references that may be utilized in the preparation and implementation of agreements in a municipality. In addition, the Center offers articles outlining successful collaborations in other municipalities and a general consultation service with a contracted professional who has first-hand experience in consolidation agreements. These Centers are coordinated by League Staff Member Taran Samhammer, Bureau Services and Research Coordinator for the Bureau of Municipal Information. Taran updates these centers as needed and is available to assist communities in making arrangements for the utilization of our consultation services. The Bureau also runs a number of other specialized services available to our membership. These include, but are not limited to, the following:
To visit the Bureau of Municipal Information’s website visit www.njslom.org/bureau_mun_info.html. NEW JERSEY MUNICIPALITIES With a large selection of articles, New Jersey Municipalities’ monthly issues provide the news and information you need to govern in your local community. Members of the state and national legislatures also read the magazine to keep abreast of municipal issues. By writing for the magazine, League members share their views and ideas with a wide range of managers and policymakers. I’m happy to report that more of you than ever before submitted articles this year. In addition, to your articles, New Jersey Municipalities includes a mix of articles by state commissioners and other experts—as well as informative columns, opinion pieces and advertising by some of the state’s leading providers of products and services.
As always, we welcome your calls, ideas and articles for our premier publication. Contact the magazine’s Managing Editor Kyra Duran at (609) 695-3481 ext. 123 or NJM@njslom.com to contribute an article or to learn more about our premier publication. TRAINING AND IN-SERVICE PROGRAMS The objective of the New Jersey State League of Municipalities is to present seminars to broaden, deepen, or increase knowledge or skills of municipal personnel in various professions. With that said, the League has expanded its Sponsorship Agreements and works collaboratively with the Division of Local Government Services, the Board of Accountancy, the New Jersey Recreation and Park Association, Rutgers Center for Government Services, and Rutgers Cook College for approval of continuing education units/contact hours needed by many municipal professionals to renew their respective state license. Since June 2007, the League offered nearly 40 seminars, educating more than 2,000 attendees. Some of the seminars offered in 2008 were:
The speakers were recognized as knowledgeable in their topic area and their respective presentation style of either lecture or engaging and interactive format was well received. Your input is important to the League. Please let us know if we can be of assistance. LABOR RELATIONS ADVISORY SERVICE Gerald L. Dorf has been Labor Relations Counsel to the League for 35 years and has been available to respond to a broad range of public employer labor and employment law questions as a telephone service of the League. Inquiries to Mr. Dorf’s firm in the past year have included matters involving police and fire interest arbitration and collective negotiations, Public Employment Relations Commission unfair practices and representation, the Americans with Disabilities Act, Equal Employment Opportunity and New Jersey Law Against Discrimination issues and Department of Personnel Promotion and Discipline cases. In addition to the well-attended Conference sessions, Mr. Dorf has conducted one-day seminars on interest arbitration strategies, the Fair Labor Standards Act, discipline, contract administration and legal update as well as personnel seminars and briefings for newly-elected and re-elected officials and members of governing bodies. The column entitled “Labor Relations News and Views” written by Gerald L. Dorf has appeared in the New Jersey Municipalities magazine on a monthly basis for more than 25 years. Mr. Dorf is the author of more than 200 articles on labor relations and labor and employment law. Mr. Dorf, during his service to the League, has appeared before the New Jersey State Supreme Court, testified before Committees of the New Jersey State Legislature and along with the Executive Director, conferred with members of the Legislature, the Governor and their staffs on labor relations matters affecting the municipalities of the State of New Jersey. Gerald L. Dorf is retiring as the League’s Labor Relations Counsel at the end of this year, while continuing his labor and employment law practice on behalf of public and private sector employers. He has asked me to express his sincere thanks to the League Members and staff for their assistance and cooperation in enabling his office to provide labor relations services for more than three decades. On December 1, 2008 the law firm of Genova, Burns & Vernoia assumes the responsibilities of providing our Labor Relations Advisory Service. ANNUAL CONFERENCE A review of some of the 125 educational sessions mirrors Challenges & Changes and New Ideas
The Annual Conference remains a critical mainstay in the portfolio of services provided by your League. By serving over 20,000 people, it is the single largest local government event in the United States. Offering 1147 exhibit booths showing products and services to aid municipalities, it offers a central point for learning what is “out there” to meet local governments’ needs. Beyond the challenges, changes and new ideas is the dedicated tradition of local officials gathering each year to assess, discuss, renew and yes even celebrate their dedication to public service and the work of their colleagues across the state. In 2008, the Annual Conference again provides the opportunity for New Jersey municipal officials to do all this while charging the lowest registration rate of any municipal league in the country. MAYOR’S COMMITTEE FOR A GREEN FUTURE The MCGF has developed strategic partnerships with Rutgers and The College of New Jersey. Rutgers and TCNJ are co-equal project partners with the MCGF in developing the Green Future Roadmap, and serves as an interim “secretariat” providing administrative and general support for the MCGF. Funding for this work was raised independently by Rutgers and TCNJ from the Dodge Foundation and the Department of Community Affairs Office of Smart Growth. Over the last several years, interest in greening and sustainability issues at the local level has experienced tremendous growth. As of this writing the MCGF was actively involved in unveiling a $200,000 green grants program funded by the Wal-Mart Corporation. Details are posted on the League of Municipalities website at www.njslom.org. LEAGUE COMMITTEES The committees are: *The following individuals represented the League on state-wide committees: MEMBERSHIP AND FINANCE The League’s fiscal year runs from July 1 to June 30. The Budget under which the League is currently operating is set forth below. General descriptive brochures covering the range of League services are available at the League Booth and from the League office in Trenton.NEW JERSEY STATE LEAGUE OF MUNICIPALITIES INCOME EXPENSE
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