County Wants State to Study, Fund Offices Of Prosecutors

CREST HAVEN — Freeholders of Cape May County passed a resolution urging a study of all costs associated with the county “prosecutorial offices and facilities.”
According to county Administrator Stephen O’Connor, who is also a board member of the New Jersey Association of Counties and County Executives of New Jersey, the effort, if successful, would have the state take over all County Prosecutors’ offices.
All counties want the matter studied, he said, but are not eager to hand control to the state.
“Pragmatically, we recognize there is no way the state can afford to absorb any function. The resolution is saying, ‘Please study and see the true cost and how the state could take over incrementally,’” said O’Connor.
The resolution also asks that, in the interim and as the study takes place, that the state grant no more “Bigley applications.”
That is in reference to the Supreme Court’s Bigley decision that allows county prosecutors, if they believe more funding is needed than they are receiving locally, can cite the Bigley case, and appeal to the state Attorney General.
“What the association is saying, ‘Don’t approve any more Bigley actions,’” O’Connor said.
The resolution also encourages county prosecutors’ offices to stay in the 2.5 percent cap. Further, it urges that all county prosecutors’ personnel hiring, bargaining, and compensation practices follow the same rules as for counties.
“You would think all 21 counties would join, but some counties don’t want their prosecutor’s offices taken over,” said O’Connor.
“The majority wants it, and the association is trying to get the majority of counties to sign off on the study,” he added.
“I welcome a comprehensive study of the costs associated with the operation, maintenance and capital expenses of the County Prosecutor’s Office. I have been working with the freeholders to hold down costs here in Cape May County. Last year we were able to cut our OE budget by 5 percent,” said County Prosecutor Robert Taylor.
The resolution states the governor appoints county prosecutors, who serve as chief law enforcement officers in their respective counties, but they are subject to the state Attorney General in any criminal investigation and any action of law enforcement proceeding.
“Despite the lack of appointive law enforcement control, New Jersey statues mandate that county governments pay for the operation, maintenance, litigation, and capital expenses of the county prosecutorial offices and facilities,” the resolution states.
County prosecutors may file with the court “In re: Bigley application to challenge a county government’s decision on its budget and are more often than not successful in such challenges,” it continues.
In 2005, Taylor filed a Bigley action stating that the office of the prosecutor had been under funded for years, and that his 2004 budget allocation was inadequate.
The matter went to trial court, which upheld some salary increases and limited others.
Taylor and the county appealed that decision which went to the appellate division, and which was again appealed.
Prior to reaching the state Supreme Court, both sides negotiated a settlement on some issues. The remainder of those issues heard by the high court involved salary increases of the assistant prosecutors, agents, a chemist, chief of detectives and first assistant prosecutor.
Finally, in July 2008, the New Jersey Supreme Court unanimously reversed an Appellate Court decision on the Bigley application against the county.
That decision established a new legal standard for all future Bigley applications brought by county prosecutors and the Attorney General’s offices.
The case was joined by many other counties as well as the New Jersey Association of Counties. It was the first case in which a county won a Bigley application.
The freeholder’s resolution has taxpayers in mind: “County prosecutors are not subject to restrictive state mandated property tax cap levy restrictions imposed on county governments…This inherently inequitable organizational structure leaves county governments with little control over the fiscal, personnel or operational policies of county prosecutors…”
Finally, the resolution urges the governor to “issue an executive order to prohibit county prosecutors from filing Bigley applications to comply with state mandated property tax cap levy restrictions, and to ensure that all hiring, disciplinary, termination, and collective bargaining practices are consistent with county personnel policies and procedures…”
Contact Campbell at (609) 886-8600 Ext 28 or at: al.c@cmcherald.com