TRENTON -- On Wednesday, Senate President Stephen Sweeney called union threats to withhold campaign contributions unless the Senate passes pension legislation a "clear cut" case of extortion.
But campaign and political experts said they aren't sure.
"It doesn't look good," said Jeffrey Brindle, executive director of the state Election Law Enforcement Commission, the independent watchdog agency that monitors campaign spending and lobbying activities.
"Political scientists have had to wrestle with this for some time: What is quid pro quo? A contribution in exchange for supporting certain policies and legislation? I think it's pretty close."
Sweeney (D-Gloucester) sent letters Wednesday asking Attorney General Christopher Porrino and U.S. Attorney Paul Fishman to investigate the New Jersey Education Association.
Representatives from the powerful teachers' union contacted Democratic party leaders Monday and said unless and until there is a vote on a proposed constitutional amendment guaranteeing billions of dollars to the government worker pension fund, they would not make campaign contributions this year.
Sweeney also told reporters his legislative office had received a direct threat from Bob Fox, president of the Fraternal Order of Police. Fox said no state senator would receive a contribution from the union until the resolution to put the referendum on the ballot is passed, according to an internal email describing the phone message.
Fox did not return calls seeking comment.
NJEA President Wendell Steinhauer said the union has spoken with its attorneys who assured "there is nothing illegal or unethical in what has transpired."
"NJEA's support for politicians is not an entitlement; it is earned. We have a responsibility to use our members' voluntary political contributions to support their priorities," he said.
Sweeney sponsored and championed the pension amendment, but has so far declined to hold a Senate vote to put the amendment before voters. He has made resolving a transportation funding impasse the first priority.
"I don't know what they're thinking about," Sweeney said. "Think about that. It's like going to a planning board and saying if you approve my project I'm going to give you money. And if you don't, I'm not. That's called a bribe."
"I'm embarrassed by what these unions are doing now," said Sweeney, the vice president for the International Association of Ironworkers.
Sweeney said the unions' actions violate state and federal extortion laws.
He also said the recent U.S. Supreme Court decision overturning the conviction of former Virginia Gov. Robert McDonnell is also useful because it "informs us that what the NJEA is demanding ... is criminal."
McDonnell was convicted on corruption charges for accepting lavish gifts from a businessman seeking to influence the administration. But the court said federal prosecutors had too broadly defined what can be considered an "official act." McDonnell held meetings with and a luncheon for the CEO of Star Scientific, maker of a dietary supplement who wanted public universities to test the product. But the governor never complied.
"Setting up a meeting, calling another public official, or hosting an event does not, standing alone, qualify as an 'official act.' " according to the court's decision.
The teacher's union is demanding "a formal exercise of governmental power in return for political contributions," according to Sweeney's letter to the prosectors.
Sheila Krumholz, executive director for the national watchdog organization, the Center for Responsive Politics, said she didn't see how court decision applied. It involved gifts, not campaign contributions.
If lobbyists and special interests were barred from making contributions to get what they want, "that would upend our entire history of campaign finance for 250 years," she said.
"This is how politics is funded in this country. Rightly or wrongly this is the system we have," Krumholz said. "Some might say it is crass and people do say it is extortion, but they say it's legalized extortion."
Sen. Ray Lesniak (D-Union), an attorney who is likely to face Sweeney in next year's primary gubernatorial election, agreed with Krumholz.
"Both sides are playing hard-ball politics," he said. "Extortion or bribery involves a benefit to an individual, distinct from a class," such as the public employee unions. It's criminal law 101."
NJ Advance Media Staff Writer Samantha Marcus and wire reports contributed to this story. Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.