It’s Official! (Misconduct)
2C:30-2. Official Misconduct
A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.
L.1978, c. 95, s. 2C:30-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 61, eff. Sept. 1, 1979.
There is also “pattern of official misconduct” involving 2 or more acts and “conspiracy” to official misconduct wherein private parties involved in the conspiracy may likewise be charged for same.
As defined under NJ Criminal Code of Justice under NJSA 2c:27-1(g) “Public servant” means any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function, but the term does not include witnesses;
Under caselaw, “‘public servant’ is defined broadly” enough “to encompass individuals who are authorized to perform a governmental function, irrespective of whether they hold a position of public employment.” State v. Perez, 185 N.J. 204, 206 (2005). They need not be paid.
Key Land Use Laws
Under state law, (the municipal land use law NJSA 40:55D-1 et seq. under 40:55D-41 “Contents of site plan ordinance”) guidelines are provided to municipalities for development of their own site plan ordinances. Preservation of existing natural resources and for screening and traffic circulation are examples.
Long Branch Ordinance 345-14: Site plan review (excerpts – L.Br. online codebook)
A. Any application for a building permit for other than a single- or two-family home for new construction or for a change, addition or expansion of a new or existing use shall require site plan approval. The application (three copies) shall be accompanied by 14 copies of the building, landscaping and site plans for the portion of the project to be developed and such other information as shall be required. See the checklist and application form at the end of this chapter.[1] (1) It shall be filed at least 31 days prior to the Planning Board meeting at which the site plan application is to be discussed before the entire Board. The Planning Department shall transmit copies of the plans and information to the City Planning Board or a committee thereof for review and recommendations to assure that the plans comply with the area and design requirements set forth in this chapter and to permit the applicant to make such changes as may be necessary to bring his plans into conformance with the requirements.
(4) Plans and information to be submitted shall include the following:
(a) A written description of the existing use of the site and any buildings on the site. The description shall contain a written description of the proposed operations of the building(s), including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic, emission of noise, glare, air and water pollution; safety hazards; and anticipated expansion plans incorporated into the building design.
(d) A map, known as the “site plan,” signed and sealed by a professional engineer or architect, containing the following information: [1] The existing boundaries of the site as certified by a professional engineer or licensed surveyor, showing all structures and physical features, including all existing and proposed on-site grading. [2] The location and arrangement of vehicular accessways and location, size and capacity of all areas to be used for off-street parking, loading and unloading and streetlights. [3] The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use. [4] The design and treatment of buffer areas and screening devices to be maintained and including dimensions of all areas devoted to planting, lawns, trees or other landscaping devices. [5] Provisions for water supply, fire hydrants, storm drainage and sewer disposal. [6] Sufficient data to indicate the effect of the proposed development in producing traffic congestion and safety hazards and sufficient additional data to enable the Planning Board and the Construction Code Official to determine compliance with the design requirements set forth in this chapter. [7] The size, shape and location of any area reserved for public use or any area of open space to be set aside for the use and benefit of the residents of the development. [8] Designation of any land subject to flooding and information on such measures as will be taken to protect and conserve soil from erosion.
Long Branch Ordinance 345-75: Zoning Officer; powers and duties
E. Enforcement procedure.
(3) Termination of violation. All violations shall be terminated within 30 days or shall be deemed a separate violation for each day following and subject to fines as set forth within.
Long Branch Ordinance 69-31: Notice requirements for hearing (excerpts)
All public hearing dates shall be set by the approving authority. The approving authority shall hold a public hearing on each application for development, except that the approving authority may waive the required notices and hearing for minor subdivisions and minor site plans unless a variance or conditional use is part of the application. No public hearing shall be required for final site plan of subdivision approval. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law (see N.J.S.A. 40:55D-11 and 40:55D-12) as summarized below. A. Public notice shall be given by publication in the official newspaper of the City at least 10 days prior to the date of the hearing. B. Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the City in which the applicant’s land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.
All evaded/violated by the zoning officer unilaterally issuing the zoning permit to expand the use without site plan approval and failing to abate knowing the use was limited to inside the garage.
The contrived mercantile license and certificate of occupancy further evidence a coordinated criminal conspiracy thru many departments of government, to evade the laws rather than properly enforcing them, to the detriment of plaintiff and the neighborhood in general, and to the benefit of friends/supporters of officials. All under the noses of the prosecutor, AG and Governor. As the conspiracy continues, the statue of limitations has not run.