Smokers alliance files grievance with local finance board

After a successful campaign to overturn a smoking ban in Princeton Borough, the National Smokers Alliance is going to court again.

The NSA recently filed a complaint with the local finance board against Katherine Benesch, a volunteer member of the Princeton Regional Health Commission. The complaint involves the Local Government Ethics Law, which prevents elected and appointed officials from obtaining financial benefits from their political positions.

The NSA alleges that Benesch violated the ethics law by allegedly accepting an $8,500 grant from New Jersey Breathes — an organization formed to reduce tobacco use in New Jersey — according to NSA president Tom Humber. The purpose of the grant was to aid Benesch in researching legal issues involved with the ban, Humber alleged.

Benesch — an attorney — worked as a volunteer on a 25-page brief written in support of the proposed ban, Humber said. The grant from New Jersey Breathes "might reasonably be expected to impair her objectivity or independence of judgment," according to the NSA complaint.

The complaint also alleges that the work Benesch did on her report constituted legal representation of New Jersey Breathes, an allegation Benesch denies.

"This lawsuit did not have to happen," Humber said. "But when you accept money from a proponent of legislation, it is a conflict of interest. We are concerned about that issue, and we are going to make sure that it gets addressed."

Michael Herbert, who represents Benesch as well as the Regional Health Commission, said he believes the case is likely to be dismissed. "It's just an attempt by the tobacco industry to harass anybody who speaks out against their interests," he said.

"It's harassment of people who volunteer their time as public officials," she said.

The accusation was originally part of a lawsuit filed by the NSA with three Princeton restaurants and bars to get a smoking ordinance overturned in Princeton. The smoking ban would have prohibited indoor smoking in local restaurants, bars, offices and hotels.

The local finance board had 30 days after the filing of the complaint to acknowledge and investigate it. It is expected to decide sometime this week whether the complaint warrants a hearing.

If the eight-member local finance board decides that the complaint warrants further investigation, a hearing will be conducted on the matter. If the board finds Benesch in violation of the Local Government Ethics Law, it could issue penalties ranging from a fine to removal from office.