ASSEMBLY, No. 2102

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblymen MORAN and DORIA

An Act concerning 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, and as continued and established pursuant to P.L.1971, c.182, is continued and established in but not of the Department of Law and Public Safety and shall [constitute the first commission under this act] be independent of any supervision or control by the department or any board or office thereof.

    (b) The commission shall be composed of seven members. Two members shall be public members appointed by the Governor [from among State officers and employees serving in the Executive Branch. Each member shall serve at the pleasure of the Governor] , each of whom shall be a member of a different political party. One public member shall be appointed by the President of the Senate or the minority leader thereof, whichever person is a member of a political party different from that of the Governor, and shall be a member of the same party as the person making the appointment; and one public member shall be appointed by the Speaker of the General Assembly or the minority leader thereof, whichever person is a member of a political party different from that of the Governor, and shall be a member of the same political party as the person making the appointment. The other three members shall be appointed by the Governor from among State officers or employees and special State officers or employees serving in the Executive Branch and shall serve during the term of office and at the pleasure of the Governor appointing [him and until his successor is] them and until their successors are appointed and have qualified. Each of the Executive Branch members may designate an officer or employee under his supervision to act on his behalf. The Governor shall designate one public member to serve as chairman and one public member to serve as vice-chairman of the commission; both members shall serve in those positions at the Governor's pleasure. Each of the public members of the commission shall serve for terms of four years and until the appointment and qualification of their successors, but of the first such members appointed, one appointed by the Governor shall serve for a term of one year, the one appointed by the Speaker of the General Assembly or minority leader thereof, as the case may be, shall serve for a term of two years, one appointed by the Governor shall serve for a term of three years and the one appointed by the President of the Senate or the minority leader thereof, as the case may be, shall serve for a term of four years.

    Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made but, in the case of public members, vacancies shall be filled for the unexpired term only. None of the public members shall be State officers or employees or special State officers or employees except by reason of their service on the commission.

    (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] or employees or special State officers or employees in the Executive Branch, and in the performance of any of its other duties under P.L.1971, c.182.

    (e) The [said] commission [may], within the limits of funds appropriated or otherwise made available to it for the purpose, may 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, or an executive order in which the Governor has granted the commission jurisdiction of its provisions. These advisory opinions shall be filed with the commission and shall be public records, but no opinion so filed shall contain the name of the person or persons who shall have requested the opinion.

    (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 or of any executive order in which the Governor has granted the commission jurisdiction. Any complaint regarding a violation of a code of ethics or such executive order may be referred by the commission for disposition in accordance with subsection 12(d) of this act. All investigations and hearings conducted by the commission shall be conducted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    (i) The commission shall prepare and publish, prior to May 1 of each year, an annual report to the Governor and the Legislature.

    [(i)](j) Any State officer or employee or special State officer or employee in the Executive Branch found [guilty by the commission of violating] by the commission to have violated any provision of this act [or of], a code of ethics promulgated pursuant to the provisions of this act or an executive order in which the Governor has granted the commission jurisdiction of its provisions 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)] "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and may be suspended from his office or employment by order of the commission for a period of not in excess of [1] one 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 or an executive order in which the Governor has granted the commission jurisdiction of its provisions, 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] five years from the date on which he was found [guilty] to have violated any provision of P.L.1971, c.182, a code or an executive order by the commission.

    In the event that an investigation of such an officer or employee proceeds to a hearing before an administrative law judge, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the officer or employee is found not guilty of a violation of one or more of the provisions of P.L.1971, c.182, a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 or an executive order in which the Governor has granted the commission jurisdiction of its provisions, the State shall pay the reasonable legal fees incurred by that officer or employee in an amount to be determined by the administrative law judge presiding over the hearing, except that whenever such an officer or employee is represented at a hearing by counsel provided by the Attorney General or some other State agency no legal fees shall be imposed on the officer or employee or paid by the State.

    Notwithstanding the provisions of this subsection to the contrary, any constitutional officer subject to P.L.1971, c.182, a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 or an executive order in which the Governor has granted the commission jurisdiction of its provisions may not be suspended or barred from office or employment but shall be subject to impeachment as provided in Article VII, Section III, paragraph 1 of the New Jersey Constitution.

    (k) The commission shall be assigned suitable quarters.

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

    2. (New section) a. The head of each State agency in the Executive Branch of government required to promulgate a code of ethics to guide the conduct of the State officers and employees and special State officers and employees of that agency, pursuant to section 12 of P.L.1971, c.182 (C.52:13D-23), shall provide a program that explains the provisions of that code and of P.L.1971, c.182 (C.52:13D-12 et seq.), as amended and supplemented, to the officers and employees of that agency no later than April 1 of every even-numbered year. The head of each such agency shall provide biennially to the Executive Commission on Ethical Standards a copy of the training materials used in the program of that agency and certify to it the date or dates when the program occurred.

    b. The Executive Commission on Ethical Standards shall monitor all such programs provided pursuant to the provisions of subsection a. of this section and, from time to time, shall issue a report to the Governor and the Legislature on the content of the programs and the compliance with the provisions of this act by each State agency in the Executive Branch of government required to promulgate a code of ethics.

    3. (New section) The term of each member of the Executive Commission on Ethical Standards in office on the effective date of this act, P.L. , c.     (C. ) (now pending before the Legislature as this bill), shall continue until and terminate upon the appointment by the Governor, the President of the Senate or minority leader thereof, as the case may be, or the Speaker of the General Assembly or minority leader thereof, as the case may be, of a replacement public member or Executive Branch member, as appropriate, pursuant to subsection (b) of section 10 of P.L.1971, c.182 (C.52:13D-21). Upon the enactment of this act, P.L. , c. (C. ) (now pending before the Legislature as this bill), the Governor shall designate which of the current public members of the commission are to be replaced by an appointment made by the Governor and which are to be replaced by an appointment made by the President of the Senate or minority leader thereof, as the case may be, and by the Speaker of the General Assembly or minority leader thereof, as the case may be. Any person serving as a member of the commission on the effective date of this act may, if otherwise qualified, be appointed as a member of the commission.

    4. This act shall take effect immediately.

STATEMENT

    This bill reconstitutes the Executive Commission on Ethical Standards in order to make a majority of its members public members and to clarify its enforcement powers.

    At present, all seven commission members are State officers or employees. Under this bill, two commission members would be public members appointed by the Governor, each of whom shall be a member of a different political party. One public member would be appointed by the President of the Senate or the minority leader thereof, whichever person is a member of a political party different from that of the Governor, and shall be a member of the same party as the person making the appointment; and one public member would be appointed by the Speaker of the General Assembly or the minority leader thereof, whichever person is a member of a political party different from that of the Governor, and shall be a member of the same political party as the person making the appointment. The other three members shall be appointed by the Governor from among State officers or employees and special State officers or employees serving in the Executive Branch and shall serve during the term of office and at the pleasure of the Governor appointing them. Except for those first appointed, public members shall serve for terms of four years. The Governor shall designate one public member to serve as chairman and one public member to serve as vice-chairman. None of the public members shall be State officers or employees or special State officers or employees except by reason of their service on the commission.

    The commission is authorized to initiate, receive, hear and review complaints regarding violations of any executive order in which the Governor has granted the commission jurisdiction and to render advisory opinions as to whether there has been a violation of such executive orders. All investigations and hearings involving violations of the code of ethics established by each State agency conducted by the commission would be conducted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    The bill provides that the head of each State agency in the Executive Branch of government required to promulgate a code of ethics would provide a program that explains the provisions of that code and of P.L.1971, c.182 to the officers and employees of that agency no later than April 1 of every even-numbered year. The Executive Commission on Ethical Standards would monitor all such programs and, from time to time, issue a report to the Governor and the Legislature on the content of the programs and the compliance with the provisions of the act by each State agency in the Executive Branch required to promulgate a code of ethics.

    The bill also provides that a constitutional officer may not be suspended or barred from office or employment but shall be subject to impeachment as provided by the New Jersey Constitution.

Reconstitutes the Executive Commission on Ethical Standards and clarifies its enforcement powers.