ACR195

A Concurrent Resolution constituting a special committee of the Senate and General Assembly entitled the “New Jersey Legislative Select Committee on Investigation.”

Whereas, On April 8, 2017, it is alleged that Mr. Albert J. Alvarez, who worked on the campaign for then-candidate, and now Governor, Philip D. Murphy, committed criminal sexual misconduct on a campaign volunteer in her home; and

Whereas, In the succeeding months, the alleged crime was investigated by the Hudson County Prosecutor’s Office, but Mr. Alvarez was never charged with a crime; and

Whereas, Prior to the election for Governor of the State of New Jersey, top staffers, who would hold senior positions in the Governor-elect Transition 2018 office and the office of Murphy for Governor, were told of the alleged crime, but did not take action to remove the accused perpetrator, who held a senior position on both the Governor-elect Transition 2018 office and the office of Murphy for Governor; and

Whereas, After the election of Governor Philip D. Murphy, counsel of the Governor-elect Transition 2018 office were made aware of the allegations; and

Whereas, The alleged perpetrator remained in a senior position in the Governor-elect Transition 2018 office after allegations were known, and, further, was offered employment in State government for the administration of Governor Philip D. Murphy; and

Whereas, In the spring of 2018 the chief counsel and chief ethics officer were made aware of the allegations, but did not take action to investigate or remove the accused perpetrator from his position as chief of staff for the Schools Development Authority; and

Whereas, Later that spring the alleged victim was told that her accused assailant would no longer be employed; and

Whereas, The accused perpetrator remained employed by the administration of Governor Philip D. Murphy until resigning unprompted on October 2, 2018, one-year, five-months and 24 days after the alleged crime; and

Whereas, The Governor’s staff failed to respond in an aggressive, proactive fashion that is appropriate and acceptable; and

Whereas, The Hudson County Prosecutor’s Office did not bring forward charges against Mr. Alvarez despite the victim reporting her assault to authorities, going to the hospital for a sexual-assault examination, and immediately telling friends and family of the alleged attack; and

Whereas, The allegations and succeeding inaction raises questions about why Mr. Alvarez was still hired despite senior administration officials and counsel being made aware on at least four occasions that there was an allegation of criminal sexual misconduct against him, and why he continued to be employed for a prolonged period of time after the victim was told he would no longer be employed by the State; and

Whereas, Despite the Governor’s confidence that the victim’s allegations were handled appropriately, he acknowledged that Mr. Alvarez never should have been hired; and

Whereas, Though the Director of the Statewide Division of Equal Employment Opportunity and Affirmative Action within the Civil Service Commission has been directed by the Governor to review the State's policies and procedures to address improvements, only the Legislature has the power to complete a thorough investigation that compels testimony from the Governor’s campaign office and the Hudson County Prosecutor’s office; and

Whereas, It is the Legislature’s responsibility to create meaningful policy change on several levels, including legislation ensuring first responders are better trained to handle sexual assault victims and that future victims do not have to endure what the victim has in this case; and

Whereas, Given the gravity of the issues which have been exposed in recent weeks regarding criminal sexual misconduct of a former staffer of the Governor-elect Transition 2018 office and the administration of Governor Philip D. Murphy, it is fitting for the Legislature through an appropriate committee to further investigate all aspects of the allegations, hiring practices and management of the allegations by the aforementioned administration; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. There is constituted a special committee of the Senate and General Assembly entitled the “New Jersey Legislative Select Committee on Investigation,” comprised of 12 members. Six members are to be appointed by the Speaker of the General Assembly, not more than three of whom shall be of the same political party. The Minority Leader of the General Assembly shall submit to the Speaker a list of the Minority Leader’s recommendations of members to the special committee. Six members are to be appointed by the Senate President, not more than three of whom shall be of the same political party. The Minority Leader of the Senate shall submit to the Senate President a list of the Minority Leader’s recommendations of members to the special committee. There shall be two co-chairs of the special committee, appointed from different political parties, one of whom shall be appointed by the Senate President from among the appointed members and one of whom shall be appointed by the Speaker from among the appointed members.

2. The New Jersey Legislative Select Committee on Investigation shall investigate all aspects of the policies, procedures, and management of the Governor's office, the Governor-elect Transition 2018 office, the office of Murphy for Governor, and any other governmental entity regarding the management of matters regarding sexual assault including, but not limited to, an incident of sexual assault during the 2017 gubernatorial campaign, the prosecutor’s investigation, and the subsequent hiring and continued employment of the alleged perpetrator in the Governor's administration. The committee shall issue a report of its findings and make recommendations on potential improvements to create meaningful policy changes, including possible legislative recommendations changing the statute of limitations on civil action related to sexual assault, prosecuting sexual assault crimes, and training programs for first responders and prosecutors working on sexual assault cases.

3. For the purposes of carrying out its charge under this resolution, the New Jersey Legislative Select Committee on Investigation shall have all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers:

(1) conferred pursuant to chapter 13 of Title 52 of the Revised Statutes, including, but not limited to, the power to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data;

(2) to hold hearings, take testimony under oath, and receive documentary or physical evidence relating to the matters and questions it is authorized to investigate or study;

(3) to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;

(4) to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection;

(5) to utilize the powers provided under R.S.52:13-3 or hold individuals or entities in contempt of the committee;

(6) to make findings and reports to the Senate and General Assembly of any recommendations, including recommendations for enforcement, that the committee may consider appropriate with respect to the willful failure or refusal of any person to appear before it, to answer questions or give testimony during an appearance of that person as a witness, or to produce before the committee any books, papers, correspondence, other documents and materials, and electronic records and data in compliance with any subpoena;

(7) to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States;

(8) to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and

(9) to adopt additional rules or procedures not inconsistent with this resolution.

4. a. The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance and avail itself of the services of the employees of the State of New Jersey, any political subdivision of the State, and any agency thereof, as may be required and as may be available for that purpose, and to employ any other services as may be deemed necessary, in order to perform the duties provided herein, and within the limits of funds appropriated or otherwise made available for that purpose.

b. The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance, employ, and avail itself of the services of special counsel retained to assist the New Jersey Legislative Select Committee on Investigation.

5. This resolution shall take effect immediately and the special committee’s powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire at noon on Tuesday, January 14, 2020.

STATEMENT

This concurrent resolution constitutes a special committee of the Senate and General Assembly, entitled the “New Jersey Legislative Select Committee on Investigation,” charged with investigating all aspects of Executive Branch hiring practices and any other matter raising concerns about the reporting and handling of sexual assault cases.