Lawyers say panel found no clear indication Lesniak, Bateman have conflict of interest
N.J. Sen. Ray Lesniak seen on the floor of the senate session before a vote is cast for his affordable housing bill in this June 2010 file photo.TRENTON — The Joint Legislative Committee on Ethical Standards voted to dismiss a complaint today by the Camden County NAACP accusing two senators of introducing affordable-housing legislation that would enrich their law practices.
Attorneys for the committee said there was no clear indication Sen. Raymond Lesniak (D-Union) and Sen. Chris "Kip" Bateman (R-Somerset) would directly benefit from the controversial bill that would abolish the Council on Affordable Housing. Both senators are attorneys who represent municipalities on many matters, including affordable housing requirements as determined by the council.
The team of lawyers who advise the committee recommended dismissing the complaint because the definition of a conflict is narrow yet clear: a legislator would have to directly benefit from the law's passage, and that was far from clear in this case.
"Whether the bill would increase or reduce work for municipal attorneys is difficult to predict with any certainty,'' according to a legal read at the Statehouse hearing by a member of the committee's counsel. "Further investigation is unlikely to bring further clarity to the matter.''
Colandus "Kelly" Francis, president of the Camden County chapter of the American Association for the Advancement of Colored People, said he submitted documentation that shows the legislators have represented communities trying to sell off their housing obligations to low-income towns under a practice called Regional Contribution Agreements.
Lesniak's decision, in particular, to champion this bill that revives the agreements "is why we strongly believe there is a conflict of interest,'' Kelly told the committee.
The committee voted 6-0 with one abstention to dismiss the complaint.
In June, the Senate passed the affordable housing bill abolishing the Council, whose decisions on how many housing units each town should provide have spawned numerous lawsuits. The measure also would give municipalities more control over meeting their housing obligations.
But housing advocates, such as the NAACP and Fair Share Housing Center, say the bill would return the state to the days of letting wealthy towns sell off their affordable housing obligations and letting developers rampage in rural and environmentally sensitive areas.
The Assembly has yet to act on the bill (S1).
In a telephone interview following the hearing, Lesniak described the complaint as "an attempt by an organization to intimidate legislators from acting in the best interest of the public,'' referring to the Fair Share Housing Center, which has worked with the NAACP to oppose the bill.
Bateman said he was pleased the matter was behind him. "Hopefully the Assembly will pass 'S1' so we can have real reform.''
