By Mark Rosman
Staff Writer
The members of the Monmouth County Board of Freeholders are objecting to what they believe is an unfunded state mandate.
In a resolution passed Nov. 10, the freeholders said they believe the state is ordering them to take action that will cost county taxpayers money with no indication the state will pay for what the freeholders claim is an unfunded mandate.
According to the freeholders, New Jersey’s Criminal Justice Reform Act “will cost county governments across the state an estimated $1 million to $2 million per county to implement as each county in some capacity must hire new sheriff’s officers, corrections officers and assistant prosecutors, invest in new security equipment and information technology, and make capital and other necessary improvements to jail, court and ancillary court facilities.”
The freeholders made their feelings known in the resolution which authorizes the New Jersey Association of Counties, on behalf of the board, to file a complaint with the New Jersey Council on Local Mandates. The complaint will state that the Criminal Justice Reform Act constitutes an unfunded mandate in violation of New Jersey’s Constitution.
The freeholders said the Council on Local Mandates is responsible for resolving disputes as to whether a law, rule or regulation adopted after 1996 constitutes an unfunded mandate for which no authorization of resources other than property taxes will be used to pay for what the law, rule or regulation requires.
According to the resolution, other than the collection of local property taxes, “the Criminal Justice Reform Act did not allocate monies to county governing bodies to offset the costs associated with implementing and administering the (act), in violation of New Jersey’s Constitution.”
The Council on Local Mandates has the exclusive constitutional authority to rule that a state law, rule, or regulation imposes an unconstitutional “unfunded mandate” on boards of education, counties or municipalities. Under the Constitution, if the council so rules, the “unfunded mandate” in the law, rule or regulation ceases to be mandatory in effect and “expires,” according to state.nj.us/localmandates
Gov. Chris Christie, state Senate President Steve Sweeney and Speaker of the Assembly Vincent Prieto will be hearing from the Monmouth freeholders on this matter as a copy of the Nov. 10 resolution will be forwarded to their offices.
