ASSEMBLY, No. 1814

STATE OF NEW JERSEY

INTRODUCED MARCH 28, 1996

By Assemblymen LeFEVRE and BLEE

An Act concerning the membership of the Executive Commission on Ethical Standards and amending P.L.1971, c.182.

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

    1. Section 10 of P.L.1971, c.182 (C.52:13D-21) is amended to read as follows:

    10. a. The Executive Commission on Ethical Standards created pursuant to P.L.1967, chapter 229 is continued and established in the Department of Law and Public Safety and shall constitute the first commission under this act.

    b. The commission shall be composed of seven members appointed by the Governor from among State officers and employees serving in the Executive Branch, no more than four of whom shall be of the same political party. Each member shall serve at the pleasure of the Governor during the term of office of the Governor appointing him and until his successor is appointed and qualified. The Governor shall designate one member to serve as chairman and one member to serve as vice-chairman of the commission, but no more than one of whom shall be of the same political party.

    c. Each member of the said commission shall serve without compensation but shall be entitled to be reimbursed for all actual and necessary expenses incurred in the performance of his duties.

    d. The Attorney General shall act as legal adviser and counsel to the said commission. He shall upon request advise the commission in the rendering of advisory opinions by the commission, in the approval and review of codes of ethics adopted by State agencies in the Executive Branch and in the recommendation of revisions in codes of ethics or legislation relating to the conduct of State officers and employees in the Executive Branch.

    e. The said commission may, within the limits of funds appropriated or otherwise made available to it for the purpose, employ such other professional, technical, clerical or other assistants, excepting legal counsel, and incur such expenses as may be necessary for the performance of its duties.

    f. The said commission, in order to perform its duties pursuant to the provisions of this act, shall have the power to conduct investigations, hold hearings, compel the attendance of witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. The members of the said commission and the persons appointed by the commission for such purpose are hereby empowered to administer oaths and examine witnesses under oath.

    g. The said commission is authorized to render advisory opinions as to whether a given set of facts and circumstances would, in its opinion, constitute a violation of the provisions of this act or of a code of ethics promulgated pursuant to the provisions of this act.

    (h) The said commission shall have jurisdiction to initiate, receive, hear and review complaints regarding violations, by any State officer or employee or special State officer or employee in the Executive Branch, of the provisions of this act or of any code of ethics promulgated pursuant to the provisions of this act. Any complaint regarding a violation of a code of ethics may be referred by the commission for disposition in accordance with subsection 12(d) of this act.

    (i) Any State officer or employee or special State officer or employee found guilty by the commission of violating any provision of this act or of a code of ethics promulgated pursuant to the provisions of this act shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1), and may be suspended from his office or employment by order of the commission for a period of not in excess of 1 year. If the commission finds that the conduct of such officer or employee constitutes a willful and continuous disregard of the provisions of this act or of a code of ethics promulgated pursuant to the provisions of this act, it may order such person removed from his office or employment and may further bar such person from holding any public office or employment in this State in any capacity whatsoever for a period of not exceeding 5 years from the date on which he was found guilty by the commission.

(cf: P.L.1971, c.182, s.10)

    2. This act shall take effect at noon on the third Tuesday in January following the first gubernatorial election held after its enactment.

STATEMENT

    This bill amends section 10 of P.L.1971, c.182 (C.52:13D-21) to require that no more than four of the seven members of the Executive Commission on Ethical Standards be from the same political party and to require that the chairman and vice-chairman of the commission be from different political parties. The bill would take effect on the third Tuesday in January following the first gubernatorial election held after its enactment.

Specifies the partisan composition of the membership of the Executive Commission on Ethical Standards.