By Mark Rosman
Staff Writer
For the past few months, one particular resolution has appeared on the agenda at meetings of local governing bodies and elected officials have passed that resolution without objection.
The resolution stated the governing body’s objection to what was described as an unfunded state mandate in violation of New Jersey’s Constitution and offered support for a complaint filed by the New Jersey Association of Counties.
The association filed its complaint with the New Jersey Council on Local Mandates, which has the authority to rule that a state law, rule or regulation imposes an unconstitutional “unfunded mandate” on boards of education, counties or municipalities.
In its complaint, the New Jersey Association of Counties asserted that New Jersey’s Criminal Justice Reform Act constitutes an unfunded mandate in violation of the state Constitution.
The Council on Local Mandates recently dismissed the association’s complaint.
John Donnadio, the executive director of the New Jersey Association of Counties, said on March 7 that the council did not consider the merits of the complaint, but determined that the Criminal Justice Reform Act “was enacted pursuant to a constitutional amendment.”
In 2014, voters in the Garden State approved a public question that was designed to provide for pretrial detention of certain criminal defendants. The referendum, which was commonly referred to as a bail reform question, was approved by a margin of 61.81 percent to 38.19 percent.
Based on the results of the referendum, the Legislature subsequently enacted the Criminal Justice Reform Act which took effect on Jan. 1.
According to the resolution the local governing bodies passed, the act “will impose upon municipal governments an undue financial hardship to implement as each municipality in some capacity must hire new personnel, invest in new equipment and information technology, and make capital and other necessary improvements to jail, court and ancillary court facilities.”
“The Council on Local Mandates thought the (act) was too big to fail. We appreciate the support of local governing bodies in passing the resolution. We may pursue legislative remedies” to deal with the costs incurred through the Criminal Justice Reform Act, Donnadio said.
Messages left seeking comment from a Council on Local Mandates administrator were not returned.
