early warning signs of local government distress: new jersey’s alternative to default and...

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EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8, 2014 Presented by Thomas Neff, Director New Jersey Division of Local Government Services [email protected] 08/17/22 Division of Local Government Services 1

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Page 1: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY

Municipal Analysts Group of New York – January 8, 2014

Presented by

Thomas Neff, Director

New Jersey Division of Local Government Services

[email protected]

04/19/23 Division of Local Government Services 1

Page 2: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Reason New Jersey Takes Active Role in Local Budgeting

There is diversity in local government budgeting competence: some excellent, vast majority acceptable, some… ehhhhhhhhh.

Bankruptcy/default impacts bad officials and innocent constituents, but other communities when investor confidence in region declines.

New Jersey recognizes need to protect innocents and others from bad actors.

04/19/23 Division of Local Government Services 2

Page 3: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Role of the State of New Jersey: Four Main ComponentsUNLIKE OTHER STATES (CALIFORNIA, ETC)

1. Laws, LFB, DLGS and tradition maintain a system that make serious fiscal distress rare.

2. When serious distress rears its head, State system prevents bankruptcy or default.

3. NJ intervenes aggressively to restore stability.

4. State implements reforms to reduce local spending pressures in all communities.

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Page 4: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Maintain system that makes serious fiscal distress rare.1. DLGS licenses local staff involved in budgets (CFO, Clerk, Tax Collector) to ensure standards.

2. DOBI requires conservative investments

3. LFB requires balanced budgets with justified revenues and adequate appropriations for liabilities (debt service, pension obligations, etc.)

4. DLGS Enforces through State approving budgets prior to adoption (every year for outliers otherwise once every 3 years.)

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Page 5: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Maintain system that makes serious fiscal distress rare (cont’d.)5. Special controls on bonds: ban on borrowing for operating expenses in most cases or where useful life is < five years; when debt issued, must stay within certain limit, conform to standard maturity schedules, have down payment; LFB approval needed to exceed limit, odd maturities,

6. Qualified Bond Act – provides assurance.

7. Local Finance Board reviews all authority financings.

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Page 6: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Maintain system that makes serious fiscal distress rare (cont’d.)8. Disclosure, disclosure, and more disclosure.

Considerable disclosure in budget itself, including recent emphasis on structural challenges; “User-friendly budget” will make New Jersey leader in meaningful disclosure (pilot phase); Best Practices is form of disclosure.Proposed new audit standards will require emphasis on continuing disclosure requirements.

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Page 7: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Maintain system that makes serious fiscal distress rare (cont’d.)9. Continuing education requirements and guidance for professionals involved in budget process.Available training opportunities for budget officials through State and associations that must meet state standards;Regular guidance and notices issued by State to local finance officers and officials on issues as they arise;State shares and advances best practices; requiring local officials to implement them or lose aid.

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Page 8: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Prevent bankruptcy or default. Revenue assumptions and expenditure items are

very conservative. Not budgeting for debt obligations is not an option

under state law. Local governments can’t declare bankruptcy

without Local Finance Board; approval has never been granted and won’t be granted any time soon.

State routinely discourages municipalities from wasting money on bankruptcy advisers and would terminate such advisers upon state intervention.

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Page 9: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Intervene to restore financial stability to distressed areas. 1. When municipalities show early signs of distress (emergency appropriations, debt restructurings, unusual borrowings):Public scrutiny comes with approvals: stricter review of disclosure documents; public discussion of pressures.Limited state oversight with certain approvals (conditions on approvals might include restrictions, state-approval for hires, etc.)

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Page 10: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Intervene to restore financial stability to distressed areas (cont’d.) 2. When distress triggers requests for help, State budget allows funding for state grants (Transitional Aid) and loans with open-ended oversight powers.State personnel assigned as Fiscal Monitors.Bans on nonessential spending. Approval needed: hires, vendors, debt, raises, new programs, tax exemptions, etc.Municipality-specific conditions. 04/19/23 Division of Local Government Services 10

Page 11: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Intervene to restore financial stability to distressed areas (cont’d.) 3. Where distress is recognized but help is not voluntarily sought through aid requests:Director can set muni levy to meet expenses.Local Finance Board can assume virtually total control of municipalities. Local Finance Board can establish recovery plan (virtually no limitations on plan or right of appeal) for authorities.

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Page 12: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

QUICK EXAMPLES

Camden (elements everywhere): restructure police, outsource collections, modernize fees, steel political spine, help with development.

Trenton: State hiring key personnel. Paterson: State required terminations, increase

in levy and sewer fees. Camden County Pollution Control Authority:

Threat of Recovery Plan. Newark: Threat of Supervision

04/19/23 Division of Local Government Services 12

Page 13: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Active efforts by state to reduce spending pressures. 1. Decrease in defined pensions (no COLA).

2. Increase in public employee contributions for pensions and health benefits. (Increases just now hitting high points.)

3. Reforms to collective bargaining process, putting premium on cost restraints (impacts pensions).

4. Prohibitions against entering into health benefit plans more expensive than State Plan. 04/19/23 Division of Local Government Services 13

Page 14: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Active efforts by state to reduce spending pressures (cont’d.)

5. Continuing to push for civil service reforms to allow easier ability to enter into shared services that reduce employee costs.

6. Continuing to push for restrictions on accrued sick and vacation liabilities.

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Page 15: EARLY WARNING SIGNS OF LOCAL GOVERNMENT DISTRESS: NEW JERSEY’S ALTERNATIVE TO DEFAULT AND BANKRUPTCY Municipal Analysts Group of New York – January 8,

Information in this presentation is general in nature and care should be taken to understand laws and regulations as they relate to particular circumstances.

www.nj.gov/dca/dlgs

[email protected]

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