NJ Cops | Page 12

Atlantic City avoids bankruptcy at a high price under new law On May 27, Governor Christie signed into law legislation which will hopefully give Atlantic City time to avoid bankruptcy and a state takeover. Although the law is an improvement over bills previously considered due to Assembly Speaker Prieto’s efforts to protect collective bargaining in Atlantic City, the law is still unprecedented and very sweeping in its reach. Most importantly, the Municipal Stabilization and Recovery Act portion of the law gives the state the unprecedented power to unilaterally terminate or modify collective bargaining agreements and to avoid authority of certain laws, such as the PERC laws, for municipalities determined to be in severe fiscal distress in the five years preceding the enactment of the law. Although designed with Atlantic City and its extreme financial distress in mind, the new legislation might arguably be read to apply to any municipality determined to be a municipality “in need of stabilization and recovery” as defined by the law. However, we believe the definition of a “municipality in need of stabilization and recovery” is written so narrowly that it should only apply to Atlantic City. To qualify as such a municipality, the law requires that the municipality experience a decrease of more than 50 percent in its total assessed non-equalized property values and an increase in outstanding debt exceeding 50 percent in the fiveyear period preceding the enactment of the law (which terminates at the end of the tax year preceding the enactment of the law). Additionally, the municipality must be experiencing fiscal distress, which is determined by analyzing various aspects of the municipality's finances. Right now, only Atlantic City meets this description. Under the Act, the Director of the Division of Local Government Services ascertains whether a municipality is one in need of stabilization and recovery, and if so, makes a recommendation to the Commissioner of Community Affairs to make that determination. If th