Comprehensive Handbook for American Legion Jersey Boys State (ALJBS) and New Jersey Government

Introduction and Dedication of American Legion Jersey Boys State (ALJBS)

• ALJBS Overview: Founded in $1946$, American Legion Jersey Boys State is defined as "A Week That Shapes the Future." It is sponsored by The American Legion Department of New Jersey.

• James Madison Quote: "If Men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and the next place, oblige it to control itself."

• Mission Statement: The program is a week-long citizenship training program addressing Americanism, patriotism, and the responsibility of citizenship through the electoral process.

• Dedication to Harold A. Eaton ("Chief"):

  • Born: June $1$, $1899$; Died: November $4$, $1884$.

  • Served as the first Director of ALJBS from $1946$ to $1984$.

  • Instrumental in founding Boys Nation; known as the "Dean" of American Legion Boys Nation and its Director from $1946$ to $1970$.

  • Under his leadership, over $25,000$ young men attended ALJBS.

• ALJBS Directors Tenure:

  • Harold A. Eaton: $1946$ - $1984$

  • Stanley McGraw, Jr.: $1985$ - $1986$

  • Kenneth Groome: $1987$ - $1988$

  • W. Robert Bohn: $1989$ - $1990$

  • William T. Wilkins: $1991$ - $2005$

  • David S. Bagatelle: $2006$ - Present

History and Principles of Boys State

• Founding Context: The program originated during the Great Depression. The stock market crash of October $1929$ led to social and financial despair. Fascist organizations (American Nazi Party) and socialist organizations (Communist International or COMINTERN) sought to indoctrinate American youth.

• The Founder: Professor Hayes Kennedy of the Loyola University School of Law in Chicago created the concept in $1935$. He was the Americanism Chairman of the Illinois Department of the American Legion. He was concerned by "Young Pioneer Camps" run by the Communist Party.

• Chronology:

  • June $1935$: First Boys State held in Illinois.

  • By $1941$: $34$ states conducted programs.

  • Today: Programs exist in $49$ states and the District of Columbia (Hawaii is the exception).

• Jersey Boys State (ALJBS) Origins: Founded in $1946$ by Harry Groome.

  • Initial Location: Douglass College with $250$ delegates.

  • Second Location: Rutgers University New Brunswick. Issues occurred involving crossings of a four-lane highway during city movements.

  • Move to Rider University: In $1969$, following the Viet Nam war protests at Rutgers, ALJBS moved to Rider University. Rider is self-contained, allowing entire "cities" to be housed in one dorm wing.

• Educational Credits: Participation in ALJBS is accepted at many New Jersey colleges for earning college credit.

• Principles of Citizenship: ALJBS is styled as a "pure democracy" and a "mythical $51\text{st}$ state." It operates on the motto: "learn to do by doing."

• Financials: Most citizens attend at no cost due to sponsorships. Sponsoring organizations (mostly American Legion Posts) subsidize tuition through annual fundraising.

Political Party Structure and Organization in New Jersey

• Statutory Definition: According to NJSA $19:1.1$, a "Political party" is one that polled at least $10 \%$ of the total vote cast for General Assembly members in the preceding election. Currently, only the Democratic and Republican parties meet this requirement in New Jersey.

• Minor Parties/Independents: Can get on the ballot via petition based on statutory requirements.

• Committee Structure:

  • County Party Committee: Members (one male and one female from each district or unit) are elected during the primary election, usually the first Tuesday after the first Monday in June.

  • Municipal Party Committee: Composed of County Committee members residing within that specific municipality.

  • State Party Committee: Elections occur during the primary of the year the Governor is elected. Apportionment is determined by state law or committee by-laws (amendments require a majority vote with $40 \%$ membership present).

• Leadership: Committees must elect a chairperson and a vice-chairperson of the opposite gender. The chairperson does not need to be an elected member of the committee.

• Power of the County Chairperson:

  • Controls the county political organization (nominations to county, state, and congressional offices).

  • Manages campaign funds and staffs polls.

  • Controls Patronage: Influences appointments for state boards, commissions, county judges, and assistant county attorneys.

  • Significant influence over state legislators; in $1966$, county leaders in Hudson and Essex successfully blocked legislators from voting for a state income tax despite gubernatorial pressure.

Political Parties and Elections at ALJBS

• ALJBS Parties: The National Party and the Federal Party. Statesmen are randomly assigned at registration.

• Party Platform: A set of principles, goals, and strategies addressing political issues.

• Conventions at ALJBS:

  • City Party Caucus: Elects City Party Chair.

  • County Party Caucus: Elects County Party Chair and City Delegates to the State Convention.

  • State Party Convention: Elects State Party Chair and drafts the State Party Platform.

• The State Convention Process: In New Jersey, the convention reassembles after research to vote on planks. A Resolution Committee must hold at least three public hearings within $90$ days of the tentative platform creation.

• Campaign Financing: NJ law forbids contributions from railroads, public utilities, banks, and insurance companies. Funds are often raised via Political Action Committees (PACs) and high-dollar campaign dinners.

• Voter Registration Maintenance: Rolls are updated using monthly reports of deaths (from health officers) and criminal convictions (from county prosecutors).

The Election Process in New Jersey

• Voting Qualifications:

  • NJSA $19:31-5$ states any U.S. citizen who is $17$ years old (and will be $18$ by Election Day) and resides in the district can register.

  • Historical Milestones: Property requirements abolished in $1844$. Women voted between $1790-1807$, then regained suffrage in $1920$. Black New Jerseyans gained permanent franchise in $1870$.

• Election Machinery:

  • District Board of Elections: $4$ members ($2$ Democrats, $2$ Republicans) appointed for one-year terms.

  • County Board of Elections: $4$ members ($2$ Democrats, $2$ Republicans) appointed by the Governor for two-year terms.

  • Registration: Evening hours must be provided for at least $6$ working days before registration closes for a general election.

• Schedule of Elections:

  • General Election: First Tuesday after the first Monday in November.

  • Primary Election: First Tuesday after the first Monday in June.

  • School Elections: First Tuesday in April.

  • Municipal Elections: Most tied to General Election; nonpartisan municipalities hold elections on the second Tuesday in May.

• Vote by Mail (VBM):

  • Voters must apply to the County Clerk at least $7$ days before the election if applying by mail.

  • VBM ballots must reach the board by the closing of the polls on Election Day.

  • Reason-free VBM was established in July $2009$.

Municipal Government: Principles and Structures

• Definition: All land in New Jersey is incorporated within one and only one municipality. There are $564$ municipalities.

• Power Source: Municipalities have no inherent constitutional power; they derive authority from NJ Statutes Annotated Title $40$ and $40\text{A}$.

• Classifications by Population:

  • First Class: > 150,000 inhabitants (excluding Atlantic resort cities).

  • Second Class: $12,000$ to $149,000$ inhabitants.

  • Third Class: < 12,000 inhabitants.

  • Fourth Class: Resort cities bordering the Atlantic Ocean.

• Constitutional Home Rule: NJ is not a "constitutional home rule" state, yet the Legislature has delegated significant power bolstered by Article IV, Section VII, Subsection $11$, which states powers should be "liberally construed in their favor."

• The Walsh Act of 1911: Established the Commission form of government. Responsibility is split among individually elected commissioners (Public Affairs, Public Safety, Public Works, Parks/Public Property, and Revenue/Finance).

• The Municipal Manager Act of 1923: Created a council-manager structure with a clear division of legislative (policy) and administrative functions.

• Optional Municipal Charter Law (Faulkner Act of 1950): Named for Bayard H. Faulkner. Offers four basic plans:

  1. Mayor-Council: Strong executive (Mayor) and legislative (Council). Mayor has veto power (subject to $2/3$ override).

  2. Council-Manager: Council hires a professional manager who can be removed at will.

  3. Small Municipality: For communities of < 12,000.

  4. Mayor-Council-Administrator: Added in $1982$. Mayor appoints an administrator to handle business affairs.

• Citizens' Powers: Municipalities under the Walsh or Faulkner Acts have powers of Initiative (voters petition for an ordinance), Referendum (voters petition to challenge an ordinance), and Recall (voters remove an official after $1$ or $2$ years of service).

Municipal Appointments and Departments

• Municipal Clerk:

  • Statute: NJSA $40\text{A}:9-133$.

  • Duties: Secretary of the corporation, custodian of seal/records, secretary to governing body, chief administrative officer in elections.

  • Tenure: Becomes tenured after $5$ years and certification; can then only be removed for cause.

• Chief Financial Officer (CFO):

  • Statute: NJSA $40\text{A}:9-140$.

  • Duties: Custodian of public funds, budget preparation, developing fiscal policy (projections for tax levy and surplus).

• Tax Collector: Responsible for billing, collection of monies, and enforcement (tax liens, interest on delinquent accounts).

• Tax Assessor: Responsible for discovery and valuation of all taxable property. Appointed to a four-year term.

• Municipal Attorney: Appointed to a one-year term as general counsel.

• Departments: Includes Police, Fire, Public Works (roads, sewer, bridges), and the Library Board.

Municipal Government at ALJBS

ALJBS identifies five primary forms for city government:

1. Commission: All power lies with the Commissioners; each leads a specific department. Mayor is selected from the Commissioners.

2. Weak Mayor: Mayor is elected but has limited executive power. Council prepares the budget and confirms appointments.

3. Strong Mayor: Mayor is the chief administrative officer, prepares the budget, has veto power, and appoints department heads.

4. Council-Manager: Council hires a professional manager to execute policy and prepare the budget. Mayor is selected from the council.

5. Mayor-Council-Administrator: Splits the difference; Mayor has veto power but Council prepares the budget with administrative assistance.

County Government in New Jersey

• Origins: Bergen, Essex, Middlesex, Monmouth, Burlington, and Salem were the first counties formed in the late $1600\text{s}$.

• Status: Counties are agents of the state, not independent governments. There is no authority comparable to the municipal Home Rule Act of $1917$.

• Board of County Commissioners:

  • Formerly called "Board of Chosen Freeholders."

  • Name changed on January $1$, $2021$, after Governor Phil Murphy signed a bill in August $2020$.

  • Standard boards consist of $3$ to $9$ members elected for three-year overlapping terms.

• The Musto Commission (1969): Led by William V. Musto. Found county government fragmented and multi-agency. Led to the Optional County Charter Law (1972).

• Optional County Charter Forms:

  • County Executive Plan: Strong executive with veto power.

  • County Manager Plan: Council-manager style.

  • County Supervisor Plan: Weak mayor style; Supervisor presides over Board and has veto power but does not control the budget.

  • Board President Plan: Similar to commission style; President is elected by the board.

• Constitutional Officers:

  1. County Clerk: Elected for a $5$-year term. Administers oaths, manages real estate records (liens, deeds), and handles election ballots.

  2. County Surrogate: Elected for a $5$-year term. Probates wills, grants letters of administration/guardianship.

  3. County Sheriff: Supreme police officer of the county. Elected for a $3$-year term. Manages the county jail and polices the courts.

The New Jersey Legislative Branch

• Structure: State Senate ($40$ members) and General Assembly ($80$ members).

• Reynolds v. Sims (1964): U.S. Supreme Court ruled representation must be based on population ("one person, one vote"). This ended the "one-senator-per-county" system.

• Terms and Qualifications:

  • Senators: At least $30$ years old, citizen for $20$ years, NJ resident for $4$ years, district resident for $1$ year. Term is $4$ years (except for an adjustment every decade).

  • Assembly: At least $21$ years old, state resident for $2$ years, district resident for $1$ year. Term is $2$ years.

• Compensation: Salaries are currently set at $\$49,000$ per year. Presiding officers (Senate President and Speaker) receive an additional amount equal to $\frac{1}{3}$ of the member salary.

• Staffing:

  • Office of Legislative Services (OLS): Non-partisan professional staff providing research and bill drafting.

  • State Auditor: Appointed by the Legislature for a $5$-year term to conduct post-audits of state agencies.

• Legislative Powers:

  • Senate gives advice and consent on Governor's nominations.

  • General Assembly has sole power of impeachment; Senate conducts the trial.

  • Appropriations must be made in one general bill for each fiscal year (starting July $1$).

The Legislative Process and Bill Progression

• Readings: A bill must have three readings in each house. At least $24$ hours must elapse between the second and third reading unless declaring an emergency by a $\frac{3}{4}$ vote.

• Passage: Requires a majority of the total authorized membership ($21$ in Senate, $41$ in Assembly).

• Governor's Paths:

  • Sign into Law: Becomes effective on the date specified or July $4\text{th}$.

  • Veto/Conditional Veto: Returns bill with recommended changes.

  • Line Item Veto: Used exclusively for appropriations bills.

  • Pocket Veto: During the last $10$ days of a two-year session, if the Governor fails to sign a bill, it dies.

  • Override: The Legislature can override any veto with a $2/3$ vote of each house.

The New Jersey Executive Branch

• Governor: The only state official (along with Lt. Governor) elected by all voters.

  • Terms: Max of two consecutive $4$-year terms.

  • Residency: Morven (Princeton, $1943-1981$) and Drumthwacket (Princeton, $1981$-Present).

  • Salary: Max annual salary is $\$175,000$.

• Lieutenant Governor: Position created by a $2005$ amendment; first elected in $2009$. Serves as the head of a principal department and is first in the line of succession.

• Succession Order:

  1. Lieutenant Governor

  2. President of the Senate

  3. Speaker of the General Assembly

• Governor's Staff: Led by the Chief of Staff (manages staff/clerical) and the Chief Counsel (legal advisor on legislation).

• Cabinet: Consists of $25$ members, including the $15$ department heads and other high-level officials like the State Comptroller and Director of Homeland Security.

The State Judicial Branch

• The Supreme Court: Chief Justice and $6$ Associate Justices.

  • Mandatory retirement at age $70$.

  • Current Chief Justice: Stuart Rabner ($2007$-Present).

• The Superior Court: Broken into vicinages (combinations of counties). Divisions:

  • Appellate Division: Intermediate court ($32$ judges).

  • Law Division: Civil Part (actions seeking damages), Special Civil Part (claims under $\$15,000$), Criminal Part (indictable crimes).

  • Chancery Division: General Equity (injunctions), Probate (estates/will contests), Family Part (juvenile delinquency, divorce).

• Municipal Court: Jurisdiction over traffic offenses and local ordinance violations. Judges are appointed by the governing body (except joint courts).

• Jury System:

  • Grand Jury: $23$ persons; determines if there is sufficient evidence for a trial (Indictment). Twelve votes required for a "True Bill."

  • Petit (Trial) Jury: $12$ jurors in criminal cases (must be unanimous); $6$ jurors in civil cases ($5$/$6$ required for verdict).

• Legal Assistance: New Jersey created the Office of Public Defender in $1967$ following the Gideon v. Wainwright and Rodriguez v. Rosenblatt decisions to provide counsel to indigents.

Public Safety and Law Enforcement in NJ

• Attorney General: Chief law enforcement officer; head of the Department of Law and Public Safety.

• County Prosecutor: Appointed by Governor to a $5$-year term. Wields discretionary power over investigations, grand jury presentations, and plea bargaining.

• State Police (NJSP): Established $1921$. Paramilitary organization of $4$ troops. Superintendent is appointed by the Governor. Headquartered at Sea Girt, NJ.

• County Police: Exist only in Camden and Union counties.

• Municipal Police: $439$ departments with at least one full-time officer (as of $1969$ data).

• Civil Rights Protection: NJ passed a law against racial discrimination in $1884$. The Division Against Discrimination (now Division on Civil Rights) was created in $1945$.

• National Guard: Controlled by the Department of Defense. Headed by a Chief of Staff (Adjutant General).

New Jersey Facts and Reference

• State Seal: Designed by Pierre Eugene du Simitiere ($1777$).

  • Three plows: Agriculture.

  • Liberty (left) and Ceres (Roman goddess of grain, right).

  • Motto: "Liberty and Prosperity."

• State Symbols:

  • Bird: Eastern Goldfinch.

  • Tree: Red Oak.

  • Flower: Violet.

  • Insect: Honey Bee.

  • Animal: Horse.

  • Colors: Buff and Jersey Blue.

• Demographics:

  • Population Rank: $11\text{th}$.

  • Population Density: $1\text{st}$.

  • Public School Systems: $590$.

ALJBS Parliamentary Procedures and Meetings

• Chairperson Duties: Presides as supreme authority. Must remain impartial. Does not take part in discussions.

• Motions: Must be seconded and put by the chair before discussion.

• Timing of Debate: Sponsor given $2$ minutes; followed by alternate speakers (for/against) given $1$ minute each.

• Amendment Types:

  1. Add/insert words.

  2. Strike out words.

  3. Substitute resolution/paragraph.

  4. Divide the question.

• Privileged Motions Precedence:

  1. Adjourn.

  2. Recess.

  3. Question of Privilege.

  4. Lay on the Table.

  5. Previous Question (requires $2/3$ vote).

  6. Postpone to certain time.

  7. Refer to Committee.

  8. Amend.