. New Jersey may have more current or accurate information. [3] DRD agreed to donate its services under the Agreement and stated to OSC that it did not receive any fees for its work associated with the project. Section 2C:33-23.2 - Violations, fourth degree crime. 3. Section 2C:28-8 - Impersonating a public servant or law enforcement officer. . Section 2C:24-9 - Use of 17-year-old or younger to commit criminal offense; crime. Section 2C:40-18 - Violation of law intended to protect public health and safety; grading. Section 2C:27-9 - Unlawful official business transaction where interest is involved; grading; conditions. By: Dana DiFilippo - October 3, 2022 7:13 am Palisades Interstate Park police who mistook candyfor drugs lost an appeal in the false arrest lawsuit a Massachusetts man filed against them. . Reporting illegal parking is a service to your community. Section 2C:3-4 - Use of force in self-protection. Section 2C:4-5 - Psychiatric or psychological examination of defendant with respect to fitness to proceed. In contrast, the Agreement omits any reference to the section of the Adopt-a-Park Statute prohibiting municipalities from incurring costs in connection with such agreements. Section 2C:43-7 - Sentence of imprisonment for crime; extended terms. Section 2C:39-5 - Unlawful possession of weapons. Section 2C:21-2.2 - Ban on police badge transfers, Section 2C:21-2.3 - Producing, selling, offering, displaying, possessing, fraudulent motor vehicle insurance ID cards; penalties, Section 2C:21-2.4 - Possession of certain fraudulent receipts, universal product code (UPC) labels and checks, Section 2C:21-3 - Frauds relating to public records and recordable instruments, Section 2C:21-4 - Falsifying or tampering with records, Section 2C:21-4.1 - Destruction, alteration, falsification of records, crime of fourth degree. Section 2C:35-25 - Sale restrictions for ephedrine products; disorderly persons offense. Section 2C:21-32 - Short title; definitions relative to counterfeit marks; offenses. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 4/4/2023), Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (updated 7/1/2023). The Legislature expressly recognized that while local governments often do not have the funds to expend for the proper maintenance, operation, or improvement of [their] parks, private entities have a public service interest as well as financial incentive in ensuring that such parks are well cared for.[13], In order to extend the life of existing parks, reduce the need for large capital expenditures for new parks, and allow any savings to be applied to other public purposes,[14] the Adopt-a-Park Statute permits a local government to enter into an agreement with a private entity or non-profit organization to provide for the maintenance, operation, or improvement of a park . Section 2C:44-6.3 - Report of persons convicted of certain crimes residing with minor children. Adobe Acrobat 9.1.3 The Senate Majority Office said Scutari has appointed Edward Oatman and David Passante. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Representatives from DRD and Newark told OSC that the organization acted as the general contractor for the project and forwarded funds it received from Newark to the respective contractors. Section 2C:7-23 - Sex offender prohibited from participation in youth serving organization. Section 2C:62-1 - Support orders for willful nonsupport. Ct. 40:12-20 et seq., also referred to as the State of New Jerseys Adopt-a-Park Statute, to enter into a $5.4 million construction contract that should have been publicly advertised and awarded to the lowest responsible bidder as required by the Local Public Contracts Law (LPCL). [11] Natl Waste Recycling, Inc., 150 N.J. at 223 (quoting Autotote Ltd. v. New Jersey Sports & Exposition Auth., 85 N.J. 363, 370 (1981)). [6] N.J.S.A. Section 2C:30-3 - Speculating or wagering on official action or information, Section 2C:30-4 - Disbursing moneys, incurring obligations in excess of appropriations, Section 2C:30-5 - Findings, declarations relative to deprivation of civil rights by public officials, Section 2C:30-6 - Crime of official deprivation of civil rights, Section 2C:30-7 - Crime of pattern of official misconduct, Section 2C:30-8 - "Public Corruption Profiteering Penalty Act. OSC does not dispute that Newark took the above steps. Section 2C:40-24 - "Traffic control preemption device" defined; possession, certain, unlawful, violations, penalties. . Section 23 of the Adopt-a-Park Statute permits a municipality to provide assistance to the private entity that entered into a park maintenance or improvement agreement, but such assistance is limited to equipment, materials, supplies, and services. This is called " retaliatory eviction . Section 2C:21-4.4 - Findings, declarations relative to insurance fraud, Section 2C:21-4.5 - Definitions relative to insurance fraud, Section 2C:21-4.6 - Crime of insurance fraud, Section 2C:21-4.7 - Insurance Fraud Detection Reward Program. . [21] Statement, General Assembly, No. by law.[33] The Adopt-a-Park Statute provides an express statutory limitation on municipal procurement power. [22] The Recreation Center is located in Newarks East Ward and offers a variety of activities and programs such as yoga, boxing, and arts and crafts. . Section 2C:36-1 - Drug paraphernalia, defined; determination. The existence of these negotiations, however, did not relieve Newark of its obligation to follow public bidding requirements and ensure that the contract was awarded through open competition to the lowest responsible bidder as required under the LPCL. Section 2C:21-17.5 - Deletion of certain items from victim's consumer reporting files. Section 2C:7-19 - Citation of acts, system as "Megan's Law. Newark Funded the Project at a Cost of $5.4 Million, The Agreement provides that [Newark] has committed to funding the Project Costs . In fact, Newark issued $5.225 million of municipal debt to fund the project. Section 2C:45-1 - Conditions of suspension or probation. The LPCL is designed to guard against corruption, waste, and abuse of taxpayer money. Section 2C:25-21.1 - Rules, regulations concerning weapons prohibitions and domestic violence. However, they do not provide any documentation, such as competing estimates or cost analyses, to support that assertion. Regarding sick leave compensation, Schettino said the states regulations are open to some interpretation, and once sorted out the borough will determine whether it has a basis to claw back some of the money. State officials sidestepped questions on the delays in the creation of the task force. NYPD Security. If you are satisfied with my answer, I would appreciate if you would click on the accept button. [22] See City of Newark, Information Card Recreation Centers, https://www.newarknj.gov/card/recreation-centers (2021). The investigation identified contract, collective bargaining provisions and employee perks far more generous than allowed under state law and mismanagement of expense reimbursements and fuel purchases. at no cost to that municipality.[20] The statement accompanying the 1996 amendment of the Adopt-a-Park Statute is in accord: This bill would provide public park and recreation agencies with the ability to provide for and expand public park and recreation services and facilities with the assistance of a business entity or a nonprofit organization. Section 2C:51-2 - Forfeiture of public office, position, or employment. Section 2C:40-23 - Production, delivery of ignition key, documentation required. 2013 New Jersey Revised Statutes Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE Section 2C:1-1 - Short title; rules of construction Section 2C:1-2 - Purposes; principles of construction Section 2C:1-3 - Territorial applicability Section 2C:1-4 - Classes of offenses Newark did not contact any entity other than DRD to obtain a competing, and potentially more cost-effective, estimate. Government Waste and Mismanagement Hotline: The City of Newark and the Sharpe James and Kenneth A. Gibson Recreation and Aquatic Center, B. Newark Risked Wasting Taxpayer Funds and Undermining Public Confidence in the Operation of Local Government by Circumventing the Procurement, Governor Phil Murphy Lt. Section 2C:35A-5 - Revocation or Reduction of Penalty Assessment. [27] Specifically, the Agreement states that it is not subject to the requirements or provisions of the [LPCL]. It also cites the provision permitting a municipality to provide equipment, materials, supplies, and services. The first time I got one was in 2016. . Consumers: Ask Lawyers Questions and Get Answers for Free! Section 2C:7-3 - Notice of obligation to register, Section 2C:7-6 - Community notified of release of sex offender, Section 2C:7-7 - Notification of community to which sex offender moves, Section 2C:7-8 - Guidelines, procedures for notification, Section 2C:7-10 - Other notification not limited by act, Section 2C:7-11 - Notification advisory council established; review of guidelines. Newark is located in Essex County and has a population of approximately 311,000. Documents submitted by Newarkincluding Standard Invoices, Applications for Certifications for Payment, and a Budget Activity Reportconfirm, consistent with the Agreement, that Newark paid $5,451,249 for repairs and renovations associated with the project. Newarks Conduct Undermines Public Confidence in the Operation of Local Government. Newark, likewise, did not solicit quotes from or choose the contractors who ultimately provided the construction services on the project. [42] According to the project coordinator, Purchasing generally creates two sets of bid packagesone for architectural or engineering services and one for construction services. Section 2C:43-5.1 - Crimes committed by students, notification to principal, certain circumstances. Section 2C:33-12 - Maintaining a nuisance, Section 2C:33-12.2 - Sexually oriented business, nuisance; crime. Section 2C:35-5.10 - Discretion to not seek restraining order. Under most state statutes, a landlord cannot evict, harass, or raise the rent of a tenant for doing something legal. Some of the more notable points from this agreement are discussed below. The boroughs failure to comply by limiting sick leave payments to employees covered by that law has exposed the taxpayers of Palisades Park to substantial and unnecessary financial obligations that the borough was barred from assuming, the report said. Section 2C:18-3 - Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses. One agreement involved the investigation into and remediation of environmental issues. Section 2C:21-6.1 - Definitions relative to scanning devices, reencoders; criminal use, degree of crime. As part of its investigation, OSC requested from Newark other agreements it executed under the Adopt-a-Park Statute. 1. Section 2C:44-1.1 - Certain convictions vacated, expunged. C. Newark Impermissibly Used the Adopt-a-Park Statute in Other Circumstances. 2009-09-29T21:15:16-04:00 [33] N.J. Const. Megan [email protected].