Paying their way

It has always struck me as a bit unfair that my local taxes had to pay for police services when several dozen rural communities were able to take advantage of the State Police without chipping in to offset the cost.

Think about it. In South Brunswick, we pay somewhere in the neighborhood of $9 million to run our Police Department — about 18 percent of the total budget. If that service were passed along to the state and police spending was eliminated from the South Brunswick budget, the municipal tax rate would be slashed by as much as 20 cents — or about $380 for the owner of a house assessed at the township average of about $190,000.

The key to understanding this issue comes down to this: South Brunswick taxpayers and Monroe taxpayers and Jamesburg taxpayers and Cranbury taxpayers and the 474 other towns in the state that have their own police departments are paying for a service that rural taxpayers are getting for free.

Yes, I know that they pay state taxes, but so do I. And I know that most of us are subsidizing the big urban towns, but the big cities — thanks to a host of development policies pushed by the state and the feds — have eroding tax bases that make it nearly impossible to provide services without soaking their taxpayers.

At one time, the provision of police to small rural towns made sense. Farming towns were considered less well off, but over the years, small farming towns have seen the value of their land skyrocket. At the same time, they’ve been given a pass on paying for police services.

Paul Mulshine, in last Thursday’s Star-Ledger, comes to the small towns’ defense, calling the state’s decision to bill the towns a “war on small towns.” He quotes Republican Assemblywoman Marcia Karrow, who says that “the entire cost of rural State Police patrols, $12.5 million, could be funded with just 8 percent of the money sent by Corzine to six distressed cities. And those cities also get billions in property tax relief for their schools.”

“There is all kind of urban aid in the state,” said Karrow. “The State Police is the one small example of something we could call rural aid.”

Distressed is the key word, for me. The state has a responsibility to its citizens, especially those in distressed areas. The state’s cities certainly qualify and need help. Some smaller towns and working-class boroughs — like Manville and Jamesburg, for instance — deserve help, too.

But if towns that have the cash should pay their way.

That’s the argument that The Asbury Park Press makes today, in an editorial that criticizes a plan by state Sen. Jeff Van Drew, D-Cape May, to assess a “$40-per-summons surcharge on all motor vehicle violations to be used to underwrite State Police patrols in 89 towns that previously had received the service for free.”

The Press correctly calls the Drew plan “a wrong-headed response to the problem” of “small towns, mostly rural, being allowed to avail themselves of a service without having to pay the full cost.” Their suggestion:

(T)he towns should be given a reasonable period of time — two to three years — to either wean themselves off State Police coverage or pay 100 percent of its cost.

Options for the towns would include creating their own police force, contracting with an adjacent police department for coverage or working with other small towns to create a regional police department.

I would add that towns that can show a real financial hardship — and by that I do not mean just an increase in property taxes, but tax bills that are disproportionate to the income levels of residents — should have access to aid.

To allow the status quo to continue as it is just isn’t fair to the majority of the state’s taxpayers.

Strange logic on James

Bob Braun tries to make the case that Sharpe James’ transgressions — the use of his office to enrich himself and a mistress — constitute a victimless crime and, because of that, he should not have been subject to federal prosecution.

And it’s true that no one in particular was hurt, but the damage that James’ conduct causes to our democracy — a central point of many of the speeches/essays in Bill Moyers’ new book, Moyers on Democracy — means that James’ abuse of his office has an untold number of victims.

Braun acknowledges this:

Cynicism accumulates when an official is convicted, and it more deeply buries chances for reform. Corruption is a self-fulfilling prophecy — there are victims when the good do nothing.

And, yet, he says, “federal prosecutions should be reserved for crimes that do have victims.”

Violent crimes. The plague of guns transported across state lines. Wretched housing from which some — often out-of-staters — garner profits. Violation of labor and product-safety laws. The big business in illicit drug transportation and sale.

Diverting resources from these crimes creates victims. But they aren’t as much fun to read about.

The crimes he lists, of course, deserve federal focus (consider them the criminal version of interstate commerce) but that does not preclude federal prosecution when a public official is found to have misused his office for private gain.

Sex-offender decision:Not popular, but correct

South Brunswick Mayor Frank Gambatese — like most mayors around the state — are not happy with a Tuesday appellate panel decision invalidating local ordinances that limit where in a community convicted sex-offenders can live.

The panel

ruled that laws in Galloway and Cherry Hill townships that prevent offenders from living within 2,500 feet of a school, park, playground or day-care center conflicted with Megan’s Law, and violated due process and double jeopardy clauses of the New Jersey Constitution.

According to the decision, municipalities do not have the authority to pass their own laws regarding sex offenders because the Legislature had claimed all authority to do so by passing Megan’s Law. ”In our view, the legislature’s enactment of comprehensive legislation, the development of Attorney General Guidelines, and the adoption of (Department of Corrections) regulations monitoring and post-conviction behavior of the (Convicted Sex Offenders) demonstrate the legislature’s desire to exclusively occupy the field,” the decision said.

The three-judge panel reviewed a pair of separate appeals from two Superior Court jurisdictions — Atlantic and Camden counties — invalidating ordinances in Gallaway and Cherry Hill. The municipalities, both of which had lost Superior Court rulings on their ordinances, argued that their ordinances complemented Megan’s Law

They argued that Megan’s Law required registration and notification, but had no provisions restricting residence. So the township ordinances served a different purpose by protecting residents in a different way.

The appellate panel, however, saw things differently.

”The far-reaching scope of Megan’s Law and its multi-layered enforcement and monitoring mechanisms constitute a comprehensive system chosen by the Legislature to protect society from the risk of re-offense by (Convicted Sex Offenders) and to provide for their rehabilitation and reintegration into the community,” the decision said. “The system is all encompassing regarding the activities of (Convicted Sex Offenders) living in the community. We conclude that the ordinances conflict with the expressed and implied intent of the Legislature to exclusively regulate this field, as a result of with the ordinances are preempted.”

I think the court got it right on this one. As The Star-Ledger points out in an editorial today, the court was correct to assume that

the more stable the living situation for someone with a history of sex crimes, the less likely he or she will commit such a crime again.

Living with relatives or others who can exert a positive influence, and also living close to work and support groups, enhances stability and the chances an ex-convict will stay on the right path. But ordinances that block sex offenders from living within 2,500 feet of a school or church or park, or even a convenience store, end up putting whole towns off-limits. So opportunities for living stability are undermined.

Just as significantly, these rules could undermine enforcement efforts, the paper said.

(I)f every municipality in New Jersey adopted such an ordinance, eventually all the sex offenders in the state could end up crammed into one small area. That would only increase the potential danger for others unlucky enough to live there.

Even the toughest rules on where sex offenders can live can’t guarantee a community’s safety. The appellate judges recognized that local rules do not, and cannot, control where offenders can walk, drive or sit. Those who are intent on committing another crime can still do so.

I’ll add one other note: Ordinances like this do little more than chase sex-offenders from town to town, which makes no sense and could undermine the reporting provisions of Megan’s Law. After all, if enough towns pass these ordinances, many of those sex-offenders may just go underground.

As the Ledger notes,

The impulse to set up these barriers is natural. No one wants his community or neighborhood to be at risk. But the appeals court got it right. For legal and practical reasons, a ghetto of sex convicts is not an attractive idea.