SENATE, No. 892
STATE OF NEW JERSEY
INTRODUCED MARCH 7, 1996
By Senator ADLER
An Act establishing a Management and Performance Review Commission and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is hereby established a Management and Performance Review Commission (hereinafter referred to as the "commission"). The commission shall consist of 12 members: the State Treasurer, ex officio, or a duly authorized representative; the Chairman of the Senate Budget and Appropriations Committee, or its successor committee; the Chairman of the Assembly Appropriations Committee, or its successor committee; the Senate Minority budget officer; the Assembly Minority budget officer; three public members appointed by the Governor, only one of whom may be of the same political party as the Treasurer; and four public members of whom one each is appointed by the President of the Senate, the Senate Minority Leader, the Speaker of the General Assembly, and the Assembly Minority Leader.
Public members shall serve for a term of five years and until their respective successors are appointed and qualified, except that of the public members first appointed, the two appointed by the Speaker of the General Assembly and the Assembly Minority Leader shall serve for a term of three years and the three appointed by the Governor shall serve for a term of four years. No person shall serve, in succession, more than two five-year terms and any portion of an unexpired term as a public member of the commission. Any vacancy in the membership of the commission shall be filled for the balance of the unexpired term in the same manner as the original appointment was made.
Public members shall be residents of the State, shall be neither an elected or appointed official nor seeking elected office, and shall have knowledge and expertise in management in the public or private sector.
A chairman of the commission shall be elected by the commission from among its public members and shall serve for a term of three years.
A public member of the commission shall receive $250 for each meeting of the commission attended and shall be reimbursed for necessary expenses incurred in the performance of the member's duties.
2. a. The commission shall conduct, pursuant to the schedule established under section 6 of this act, a complete management and performance review of the Legislative branch, the Judicial branch and the Executive branch, including each State department and the Office of the Governor. Such review shall include implementation of management reforms and changes suggested by prior reviews such as those of the Governor’s Management and Review Commission, created pursuant to Executive Order No. 7, issued April 2, 1990. The commission shall publish a report setting forth findings and recommendations related to each review and shall monitor the implementation of those recommendations.
b. The commission may review other functions of State government that cross branch or departmental boundaries as the commission may choose. The commission may conduct, upon approval of a majority of its members, a management and performance review requested by the Governor or the Legislature. The commission shall publish a report setting forth findings and recommendations related to each review and shall monitor the implementation of those recommendations.
c. The commission shall submit an annual report describing the commission’s activities to the Governor and the Legislature.
3. Pursuant to the schedule established under section 6 of this act, the Chairman of the Legislative Services Commission, the Chief Justice of the Supreme Court or the commissioner of any principal department in the Executive branch subject to review and evaluation under this act shall cause to be prepared and shall, on or before the 10th day following the commencement of the review period applicable to that branch or department, submit to the commission a preliminary self-study. The information included in the preliminary self-study shall, except as otherwise provided herein, be current through June 30 of the year preceding the year in which the review period commences.
The preliminary self-study shall include the following:
a. an organizational chart of the branch or department, identifying each organizational subdivision thereof or therein and, for each subdivision, the organizational subdivisions of or in that subdivision;
b. a list of all programs, including programs involving the distribution or support of State aid, for the conduct, administration, regulation or oversight of which a department in the Executive branch or any organizational subdivision thereof or therein is responsible, including separately for each of those programs:
(1) a citation of the statute which establishes or authorizes the establishment of the program;
(2) the name of the organizational subdivision, and any local program unit, having responsibility for the conduct or administration of the program;
(3) a statement of the objectives of the program as prescribed by statute or by administrative order or rule and, for each of those objectives, a statement of the way in which program activity has contributed to the attainment or furtherance of those objectives;
(4) a statement of the amounts actually spent for the support of the program during the fiscal year ending on June 30 preceding the departmental review period and during the four preceding fiscal years;
(5) a statement, for that previous fiscal year and those four preceding fiscal years and for the 10th and 15th fiscal years preceding that previous fiscal year, of the average number of full-time State government employees spending at least one-half of their regular work week providing services under the program who were in service on July 1, October 1, January 1 and April 1 of those respective fiscal years;
(6) a full statement of the results and accomplishments of the program, described in terms relating as closely as possible to the purpose of the program as embodied in the legislation, or in any departmental rules and regulations, authorizing the establishment of the program; and
(7) a description of the contribution of the program to the furtherance of the general purposes and the attainment of the broad objectives of the department, including therewith an assessment of the extent to which the program, relative to all other programs of the department, is integral to the department's pursuit of its overall mission; and
c. a statement setting forth in detail all reasonable actions, whether in conjunction with or as alternatives to other such actions and including where appropriate any action requiring the enactment, amendment or repeal of any law, which the branch or department would take in response to the fixing of the total amount of State appropriated funds to be available during the fiscal year commencing on the following July 1 for the support of all activities of the branch or department at the following levels:
(1) an amount equal to 90% of the amount of such funds so available during the fiscal year ended on the June 30 preceding submission of the preliminary self-study;
(2) an amount equal to 95% of the amount of such funds so available during the fiscal year ended on the preceding June 30;
(3) an amount equal to the same amount of such funds so available during the fiscal year ended on that preceding June 30;
(4) an amount equal to 105% of the amount of such funds so available during the fiscal year ended on that preceding, June 30; and
(5) an amount equal to 110% of the amount of such funds so available during the fiscal year ended on that preceding June 30. The statement shall include with respect to each such action an assessment of the effect that taking such an action could be expected to have on the mission and operations of the branch or department as a whole, on the activities and accomplishments of each program for which the branch or department or any of its organizational subdivisions is responsible, and on the health, safety and welfare of the citizens of the State.
Following receipt of a preliminary self-study, the commission may review the self-study and may request that the Chairman of the Legislative Services Commission, the Chief Justice of the Supreme Court, or the commissioner of a department under study provide for the inclusion in the self-study of any additional information, or for clarification and amplification of information previously submitted, as the commission deems appropriate. On a date which the commission shall set, but not later than May 1 of the first year of the review period applicable to the branch or department under study, the branch or the of a department shall submit to the commission a final self-study. The final self-study shall include information of the kind required to be included in the preliminary self-study, current through December 31 of the preceding calendar year. It shall also include any additional information, clarification or amplification which the commission may have requested.
4. Upon receipt of a final self-study, the commission shall review and evaluate the performance of the branch or department, including the performance of each of its organizational subdivisions, in conducting and administering the functions or programs for which the branch or department and its subdivisions are responsible. The review and evaluation shall include, but shall not be limited to, an assessment of each of the following:
a. the branch's or department's and subdivisions' effectiveness in performing responsibilities assigned to them by law or assumed by them as being necessary or incident to the accomplishment of those statutory responsibilities;
b. the branch's or department's and subdivisions' operational efficiency in performing their responsibilities;
c. the effect upon the economy and the environment of this State, and upon the health, safety and welfare of the people of the State, of the policies and programs of the branch or department, including regulatory policy and enforcement programs;
d. the extent to which the branch or department has complied with affirmative action requirements of the statutes and constitutions of this State and of the United States;
e. the accessibility of the branch or department and its subdivisions to those members of the public whom its programs have been established to serve, regulate or protect or who are otherwise affected by those programs, and the responsiveness with which the branch or department and its subdivisions have handled the public's complaints, suggestions, requests for action or information, reports of criminal or other wrongdoing, and similar matters; and
f. the branch's or department's conduct of such internal functions as planning, information and records management, and resource control.
5. a. Upon completion of its review and evaluation of a department in the Executive branch under section 4 of this act, the commission shall prepare and, not later than August 1 of the second year of the review period applicable to that department, transmit to the commissioner of the department a draft report of the commission's findings pursuant to that review and evaluation.
Such findings shall cover the following matters:
(1) the extent to which any explicit intent of the Legislature expressed in connection with the establishment or authorization of a subdivision or program of or in the department is or is not being served or, where the Legislature has expressed no such intent, the evident purpose of the subdivision or program and the extent to which that purpose is or is not being served;
(2) the adequacy of departmental performance generally;
(3) whether a reduction in the scope or degree of department regulations would significantly endanger, and whether a refinement of those regulations would better or more efficiently protect, the public health, safety or welfare;
(4) the feasibility of delivering services, or otherwise carrying out the activities which the department and its organizational subdivisions are responsible for conducting, in a more effective or more efficient way; and
(5) the existence of other programs within the department, in another department or at another level of government with objectives or operations which duplicate or conflict with those of any programs within the department.
The draft report shall include with those findings detailed recommendations, including recommendations for legislation as necessary, with respect to the organization, operations, programs, policies and budget of the department and its organizational subdivisions. Such recommendations may include, but shall not be limited to, recommendations that the department, any organizational subdivision thereof or therein, or any program conducted by the department or any of its subdivisions, be terminated; that an organizational subdivision of or in the department, or any program conducted by the department or subdivision, be transferred within the department or to another department; that the department reduce or expand the scope or degree of its regulations, refine those regulations, or adopt less restrictive regulations; or that the law be revised to expand, narrow or clarify the statutory mandate of the department or its organizational subdivisions with respect to the programs for which it is responsible.
b. On or before the 60th day following the transmittal of the draft report to the commissioner, the commissioner shall return to the commission any comments the commissioner may have concerning the findings and recommendations contained therein.
c. The commission shall, on the basis of its draft report concerning a department and any comments concerning that report by the commissioner of the department, prepare a final report of its findings and recommendations concerning the department. Not later than November 15 preceding the conclusion of the departmental review period applicable to the department reviewed and evaluated, the commission shall transmit copies of the final report to the Legislature, the Governor and the commissioner of the department so reviewed and evaluated.
6. a. Upon completion of its review and evaluation of the Legislative or Judicial branch under section 4 of this act, the commission shall prepare and, not later than August 1 of the second year of the review period applicable to the branch, transmit to the Chairman of the Legislative Services Commission or the Chief Justice of the Supreme Court a draft report of the commission's findings pursuant to that review and evaluation.
b. On or before the 60th day following the transmittal of the draft report to a branch, the Chairman of the Legislative Services Commission or the Chief Justice of the Supreme Court, as appropriate, shall return to the commission any comments the branch may have concerning the findings and recommendations contained therein.
c. The commission shall, on the basis of its draft report concerning a branch and any comments concerning that report by the branch, prepare a final report of its findings and recommendations concerning the branch. Not later than November 15 preceding the conclusion of the review period applicable to the branch reviewed and evaluated, the commission shall transmit copies of the final report to the Legislature, the Governor and the branch so reviewed and evaluated.
7. The commission shall make its review and evaluation of any branch or department within a two-year period of time in accordance with the following schedule:
a. During the two-year period beginning January 1, 1997 and during the two-year period beginning January 1 of each fifth year thereafter, the commission shall review and evaluate the Legislative branch, the Department of Education, the Department of Commerce and Economic Development and the Department of Community Affairs.
b. During the two-year period beginning January 1, 1998 and during the two-year period beginning January 1 of each fifth year thereafter, the commission shall review and evaluate the Department of Human Services, the Department of Banking, the Department of Insurance and the Department of Agriculture.
c. During the two-year period beginning January 1, 1999 and during the two-year period beginning January 1 of each fifth year thereafter, the commission shall review and evaluate the Department of Health, the Department of Law and Public Safety, the Department of Labor and the Department of Personnel.
d. During the two-year period beginning January 1, 2000 and during the two-year period beginning in January 1 of each fifth year thereafter, the commission shall review and evaluate the Department of Environmental Protection, the Department of Corrections, the Department of State and the Judicial branch.
e. During the two-year period beginning January 1, 2001 and during the two-year period beginning January 1 of each fifth year thereafter, the commission shall review and evaluate the Department of Military and Veterans' Affairs, the Department of the Treasury. the Department of Transportation and the Office of the Governor.
8. The commission shall appoint and employ and at pleasure remove an executive director, a secretary and two full-time staff persons, who shall be in the unclassified service of the civil service. The commission may call to its assistance and avail itself of the services of such employees of the State as it may require and as may be available to it for that purpose. The commission may accept contributions of personal services from any public or private source.
9. The commission shall organize as soon as possible after the appointment of the public members and shall meet no less than bi-weekly.
10. The commission may adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as it shall deem necessary to carry out its duties.
11. This act shall take effect immediately.
STATEMENT
This bill establishes a Management and Performance Review Commission. The commission shall conduct a complete management and performance review of the Legislative branch, the Judicial branch and the Executive branch, including each State department and the Office of the Governor. The bill divides the entities to be reviewed into five groups and schedules them for a two-year-long review every five years. Review of the first group begins January 1, 1997.
The commission shall consist of 12 members; the State Treasurer, ex officio, or a duly authorized representative; the Chairman of the Senate Budget and Appropriations Committee; the Chairman of the Assembly Appropriations Committee; the Senate Minority budget officer; the Assembly Minority budget officer; and seven public members. Of the public members, three shall be appointed by the Governor and one each shall be appointed by the President of the Senate, the Senate Minority Leader, the Speaker of the General Assembly, and the Assembly Minority Leader. Public members shall receive $250 for each bi-weekly meeting of the commission attended and be reimbursed for necessary expenses incurred in the performance of their duties.
The commission shall employ an executive director, a secretary and two full-time staff persons and may avail itself of the services of other employees of the State as well as accept contributions of personal services from any public or private source.
Establishes Management and Performance Review Commission.