ASSEMBLY, No. 1326

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 24, 1996

 

 

By Assemblymen LeFEVRE, BLEE and Assemblywoman Crecco

 

 

An Act concerning the State Commission of Investigation and amending and supplementing P.L.1968, c.266.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 8 of P.L.1968, c.266 (C.52:9M-8) is amended to read as follows:

    8. Whenever the commission or any employee of the commission obtains any information or evidence of a reasonable possibility of criminal wrongdoing, or it shall appear to the commission that there is cause for the prosecution for a crime, or for the removal or discipline of a public officer or public employee for misconduct, the Commission shall immediately bring the information or evidence of such crime or misconduct [shall be called] to the attention of the Attorney General as soon as practicable by the commission, unless the commission shall, by majority vote, determine that [special circumstances exist which require the delay in transmittal of the information or evidence] there is probable cause to believe that there is criminal wrongdoing of misconduct on the part of the Attorney General, in which case the information or evidence shall immediately be referred to the Governor, the Senate President and the Speaker of the General Assembly for further direction to the Commission pursuant to section 52:9M-3 or other action authorized by the laws of this State of the United States. [However, if] If the commission or any employee of the commission obtains any information or evidence indicating a reasonable possibility of an unauthorized disclosure of information or a violation of any provision of this act, such information or evidence shall be immediately brought by the commission to the attention of the Attorney General.

(cf: P.L.1979, c.254, s.10)


    2. Section 9 of P.L.1968, c.266 (C.52:9M-9) is amended to read as follows:

    9. a. The commission shall be authorized to appoint and employ and at pleasure remove an executive director, counsel, investigators, accountants, and such other persons as it may deem necessary, without regard to civil service; and to determine their duties and fix their salaries or compensation within the amounts appropriated therefor. Investigators and accountants appointed by the commission shall be and have all the powers of peace officers.

    b. No person shall serve as executive director of the commission for more than 12 years. The provisions of this subsection shall not apply to any person serving as executive director on the effective date of P.L. ,c. (now pending before the Legislature as this bill).

(cf: P.L.1968, c.266, s.9)

 

    3. Section 10 of P.L.1968, c.266 (C.52:9M-10) is amended to read as follows:

    10. The commission shall make an annual report to the Governor and Legislature which shall include its recommendations. The commission shall, consistent with the provisions of sections 7 and 8 of P.L. c. (C. ) (now pending before the Legislature as sections 7 and 8 of this bill), make such further interim reports to the Governor and Legislature, or either thereof, as it shall deem advisable, or as shall be required by the Governor or by concurrent resolution of the Legislature.

(cf: P.L.1968, c.266, s.10)

 

    4. Section 11 of P.L.1968, c.266 (C.52:9M-11) is amended to read as follows:

    11. By such means and to such extent as it shall deem appropriate, the commission shall, consistent with the provisions of sections 7 and 8 of P.L. c. (C. ) (now pending before the Legislature as sections 7 and 8 of this bill) keep the public informed as to the operations of organized crime, problems of criminal law enforcement in the State and other activities of the commission.

(cf: P.L.1968, c.266, s.11)

 

    5. Section 15 of P.L.1968, c.266 (C.52:9M-15) is amended to read as follows:

    15. a. Any person conducting or participating in any examination or investigation who shall disclose or any person who, coming into possession of or knowledge of the substance of any examination or investigation, shall disclose, or any person who shall cause, encourage or induce a person, including any witness or informant, to disclose, other than as authorized or required by law, to any person other than the commission or an officer having the power to appoint one or more of the commissioners the name of any witness examined, or any information obtained or given upon such examination or investigation, except as directed by the Governor or commission, or any person other than a member or employee of the commission or any person entitled to assert a legal privilege who, coming into possession of or knowledge of the substance of any pending examination or investigation who fails to advise the Attorney General and the commission of such possession or knowledge and to deliver to the Attorney General and the commission any documents or materials containing such information, shall be guilty of a misdemeanor until September 1, 1979 when such person shall be guilty of a crime of the third degree. Any member or employee of the commission who shall violate this section shall be dismissed from his office or discharged from his employment.

    b. Any statement made by a member of the commission or an employee thereof relevant to any proceedings before or investigative activities of the commission shall be absolutely privileged and such privilege shall be a complete defense to any action for libel or slander; provided, however, that nothing in this subsection shall be deemed to grant immunity for any grossly negligent action or for any action taken in bad faith.

    c. Nothing contained in this section shall in any way prevent the commission from furnishing information or making reports, as required by this act, or from furnishing information to the Legislature, or to a standing reference committee thereof, pursuant to a resolution duly adopted by a standing reference committee or pursuant to a duly authorized subpena or subpena duces tecum, provided, however, that nothing herein shall be deemed to preclude the commission from seeking from a court of competent jurisdiction a protective order to avoid compliance with such subpena or duces tecum.

(cf: P.L.1979, c.254, s.14)

 

    6. Section 20 of P.L.1968, c.266 is amended to read as follows:

    20. This act shall take effect immediately and remain in effect until [July 1, 1996] July 1, 2002.

(cf: P.L.1994, c.191, s.3)

 

    7. (New section) a. The State Commission of Investigation shall not conduct a public hearing pursuant to the provisions of section 12 of P.L.1968, c.266 (C.52:9M-12) unless the commission determines that no other method of proceeding would satisfy the public interest.

    b. Whenever a referral has been made to the Attorney General pursuant to the provisions of section 8 of P.L.1968, c.266 (C.53:9M-8), the commission shall not hold a public hearing in connection with that investigation unless the Attorney General approves of the public hearing or the Attorney General notifies the commission that any prosecution resulting from that investigation have been initiated or that the Attorney General has determined not to seek any prosecution in connection with that investigation.

 

    8. (New section) a. Whenever a referral has been made by the State Commission of Investigation to the Attorney General pursuant to the provisions of section 8 of P.L.1968, c.266 (C.52:9M-8), the commission shall not issue a report concerning that investigation unless the Attorney General approves of the release of the report or until the Attorney General notifies the commission that any prosecution resulting from that investigation has been initiated or that the Attorney General has determined not to seek any prosecution in connection with that investigation.

    b. The purpose of any report issued by the commission shall be to inform the public of systemic problems in governmental operations and shall not include specifics which identify any individual unless such identifying facts are necessary for a meaningful and credible explanation of the subject described in the report.

    c. Whenever a proposed commission report is critical of a person's conduct, a copy of the proposed report shall be sent to that person prior to the release of the report. Upon receipt of the report, the person criticized shall have 15 days to submit a written response which the commission shall include in the report together with any evidence submitted by that person.

    d. Any report issued by the commission shall include any evidence concerning a person criticized in the report which is of an exculpatory nature or which tends to exonerate the criticized person.

    e. A report issued by the commission shall include, upon request of the Attorney General, a statement indicating the results of any criminal prosecution or disciplinary action related to the report.

 

    9. (New section) In June of the year 2000, a special committee shall be established to review the activities of the State Commission of Investigation for the purpose of determining whether the statutory authorization for the commission's operation should be renewed. The special committee shall consist of seven members: three members to be appointed by the Governor, no more than two of whom shall be of the same political party; two members to be appointed by the President of the Senate, no more than one of whom shall be of the same political party and two members to be appointed by the Speaker of the General Assembly, no more than one of whom shall be of the same political party. This committee shall submit its report to the Governor and the Legislature no later than January 1, 2001.

 

    10. This act shall take effect immediately.


STATEMENT

 

    In February of this year, the Review Committee on the State Committee of Investigation issued its report. In that report, the Review Committee recommended that the present statutory authorization for the S.C.I. which is scheduled to expire on July 1, of this year be extended until July 1, 2002. This bill would implement this recommendation.

    Other recommendations contained in the Review Committee's report involved the procedures to be followed whenever, during the course of an investigation, the S.C.I. obtains evidence of criminal wrongdoing. Under present law, the S.C.I. is required to report evidence of either criminal wrongdoing or noncriminal misconduct on the part of a public office to the Attorney General as soon as practicable. The Review Committee's report recommends that whenever evidence of criminal wrongdoing or misconduct is discovered by the S.C.I. that the S.C.I. immediately refer that evidence to the Attorney General. The Review Committee further recommends that when a referral is made to the Attorney General, the Attorney General shall assume responsibility for the conduct of the investigation.

    The report further recommends that when the S.C.I. refers such evidence to the Attorney General that the S.C.I. be required to delay any public hearing or the release of any report until the Attorney General has notified the S.C.I. that any prosecution resulting from that investigation has been initiated or that the Attorney General has determined not to seek any prosecutions. This bill would implement these recommendations and require the S.C.I. to immediately notify the Attorney General of any possible criminal wrongdoing and of any noncriminal misconduct on the part of a public officer or employee which could lead to that persons's removal or discipline. The only exception would be if the wrongdoing or misconduct involved the Attorney General in which case the information would be forwarded to the Governor, the Senate President and the Speaker of the General Assembly. The bill would also implement the Review Committee's recommendations with regard to delaying of the issuance of any report by the SCI. until the Attorney General has made a determination with regard to possible prosecutions.

    In addition, the bill would implement the following recommendations also contained in the Review Committee's report:

    1. Limit the time a person could serve as executive director of the S.C.I to 12 years.

    2. Provide that the S.C.I. not issue any report to the public until any person adversely mentioned in the report has an opportunity to submit a written response.

    3. Require that the S.C.I. include in its reports any evidence of an exculpatory nature.

    4. Provide that SCI. reports not include information identifying individuals unless such information is necessary for a meaningful report.

    5. Require that S.C.I. reports include, at the request of the Attorney General, a statement indicating the results of any criminal investigation or disciplinary action arising from that report.

    6. Provide that the S.C.I. and its staff not have absolute civil immunity with regard to actions which are grossly negligent or taken in bad faith.

    7. Provide that the S.C.I. should only hold public hearings if no other method of proceeding would satisfy the public interest.

    8. Provide for the establishment of a committee to review the status of the S.C.I. in the year 2000.

 

 

                             

 

Implements recommendations of the S.C.I. Review Committee.