newjerseynewsroom.com

Charge sponsoring affordable housing bill while counseling 40 towns a conflict of interest

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

UPDATED

The New Jersey NAACP, Tuesday filed a formal ethics complaint with the state Joint Legislative Committee on Ethical Standards, asking for an investigation of whether Senators Raymond J. Lesniak (D-Union) and Christopher "Kip'' Bateman (R-Somerset) violated the code by sponsoring legislation to change the affordable housing obligations of cities and towns while they or their law firms represent 40 of them as paid counsels.

"Senators Lesniak and Bateman have violated the public trust in intermeshing their private legal work and their service to the public as legislators,'' said Mike McNeil, New Jersey NAACP housing chairman. "We are today asking the Joint Legislative Committee on Ethical Standards to determine the extent of the violation of public trust and to require Senators Lesniak and Bateman to recuse themselves from further debate on the bill."

Lesniak and Bateman are co-sponsors of bill S-1, which would, among other things, abolish the state Council on Affordable Housing and eliminate the affordable housing obligations of some 283 cities and towns. The NAACP and other affordable housing advocacy groups oppose the legislation.

Colandus "Kelly" Francis, president of the Camden County NAACP, said, "When this legislation impacts over $33 million in deals that Senators Lesniak and Bateman's clients have put together to try to avoid building affordable housing, there are serious questions about whether the senators can play a role in the process disconnected from their business interests."

Lesniak is a partner with Weiner Lesniak and Bateman is a partner with DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer. Both firms represent municipalities on affordable housing, planning, and zoning issues.

According to the NAACP, Bateman's firm provides affordable housing counsel to Berkeley Heights, Howell, Stafford and Manville.

In the complaint, the NAACP lists at least 40 municipalities that Lesniak and Bateman's law firms have represented, identifies over 15 so-called affordable housing regional contribution agreements proposed by their municipal clients, with a value of at least $33 million, that the legislation has been drafted to legalize, and charges Lesniak did legislative business from his law firm address with Marlboro Township, which recently hired his firm, Weiner Lesniak, to represent their zoning board.

Responding to the filing of the complaint, Lesniak said, "Anyone associated with filing these frivolous charges has serious character flaws and an agenda to stop reform of the inefficient COAH policies."

Bateman was not immediately available to comment on the complaint.

When the NAACP initially raised the ethics issues on Feb. 8, Bateman said, "I'm part of a law firm that represents clients on both sides of the current debate over affordable housing. However, as a senator, I have to take a clear stand for policies that best represent the interests of my constituents. "It's clear to me that the current housing policy has failed miserably because it has depressed the state's economy during a recession and prevented new housing from being built. I will continue to support Senate bill S-1, a common-sense piece of legislation that represents a vast improvement over the current, failed housing laws and rules.''

The Joint Legislative Committee on Ethical Standards has the power to impose a fine of up to $10,000 or suspend from office a legislator or employee of the Legislature for violating ethics or conflict of interest standards. It can also recommend disciplinary action to be taken by the Senate or Assembly. The panel is bipartisan and composed of eight public members.

In 1971, branches of the NJ NAACP filed litigation against Mount Laurel Township that led to the landmark state Supreme Court Mount Laurel ruling, which requires all New Jersey cities and towns to provide their fair share of the region's need for affordable housing.

For four decades, the NJ NAACP has insisted that municipalities meet their fair share obligations and opposing regional contribution agreements.

McNeil said the NJ NAACP believes that the legislation proposed by Lesniak and Bateman would increase racial and economic segregation in New Jersey. The organization also opposes the reinstatement of regional contribution agreements which allow wealthy suburban towns to sell their affordable housing obligations to poorer cities, and the exclusion of 50 percent of municipalities from any further housing obligation.

According to the NJ NAACP, here are the municipalities represented by Lesniak's firm:

Hamburg (Zoning Board attorney)

Hardyston (Zoning Board attorney)

Howell (Planning Board attorney)

Jefferson (Planning Board attorney)

Kinnelon (Planning Board attorney)

Newton (Zoning Board attorney)

Pequannock (Planning Board attorney)

Stillwater (Zoning Board attorney)

Wantage (Land Use Board attorney)

West Milford (Planning Board attorney)

Here are the municipalities represented by Bateman's firm:

Bedminister (Township Attorney)

Berkeley Heights (Special counsel, COAH matters)

Edison (Zoning Board attorney)

Howell (Special counsel, COAH matters)

Manville (Special counsel, COAH matters)

North Brunswick (Planning Board attorney)

Old Bridge (Planning Board attorney)

Stafford Twp. (Special counsel, COAH matters)

Montgomery Twp. (Zoning Board Attorney)

Special Tax Counsel to Readington, Warren, Bedminster, Bernards, Clinton, Lebanon, Raritan, Hillsborough and Washington, Watchung, Raritan,Manville, Long Branch and Dover.

Dunellen (Planning Board attorney)

East Brunswick (Planning Board attorney)

Also Fanwood, Hillside, Sayreville, Scotch Plains and Warren.