SENATE, No. 1482
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 19, 1996
By Senators McGREEVEY and LYNCH
An Act concerning the appointment of an independent counsel.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Michael D. Francis, who resigned as chairman of the New Jersey Sports and Exposition Authority on Tuesday, July 16, 1996 amid reports that State officials are investigating allegations of improper conduct made against him, has been an important fund-raiser in Republican political campaigns and has close ties to many high-level State officials;
b. Mr. Francis was in charge of fund-raising during Governor Whitman's gubernatorial campaign, chaired the Governor's inaugural committee, and previously raised campaign funds for then-Governor Thomas Kean;
c. Attorney General Peter Verniero has confirmed that an investigation is ongoing concerning allegations about Mr. Francis which were made by an unnamed third party. That party, who is allegedly connected with organized crime, is reported to have boasted that his connections with Mr. Francis allowed him to unlawfully have input in the awarding of contracts made by the authority;
d. According to reports, in May, 1996, the allegations led then-Attorney General Deborah Poritz to order State Police to perform a new background check on Mr. Francis. The background check, which was completed on July 1, raised concerns among administration officials and these concerns ultimately led to Mr. Francis's resignation;
e. Although Governor Whitman has stated that the State investigation involves Mr. Francis's private business, a building maintenance company, and not his role as chairman of the authority, Mr. Francis contradicted her statement by saying that the investigation does involve his former role as chairman of the authority. This contradiction is confusing to the public;
f. Michael Francis's relationship with the administration raises questions about the impropriety of the ongoing investigation, or, at the very least, about the appearance of such impropriety;
g. In order to resolve such improprieties and restore the public's faith in the justice system, it is in the public interest that an independent counsel be appointed to conduct an investigation into the circumstances surrounding Michael Francis's resignation, his background and the reported allegations against him.
2.a. The Chief Justice of the New Jersey Supreme Court shall appoint three Appellate Division judges to a judicial panel established for the purposes of: (1) selecting an individual to serve as independent counsel to investigate the allegations concerning Michael Francis, and (2) determining the independent counsel's jurisdiction.
b. Within 30 days of the establishment of the judicial panel, the panel shall nominate three candidates with appropriate experience, none of whom hold any public office in this State, for the position of independent counsel. Within 15 days of the panel's decision, the Attorney General shall choose one candidate among the three to serve as the independent counsel.
c. In defining the independent counsel's prosecutorial jurisdiction, the judicial panel shall assure that the independent counsel has adequate authority to fully investigate and prosecute all aspects of the case.
3. a. Notwithstanding any other provisions of law, an independent counsel appointed pursuant to the provisions of this act shall have, with respect to all matters in the independent counsel's jurisdiction, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General. Such investigative and prosecutorial functions and powers shall include:
(1) Conducting proceedings before the grand jury and other investigations;
(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the independent counsel considers necessary;
(3) Appealing any decision of a court in any case or proceeding in which the independent counsel participates in an official capacity;
(4) Reviewing all documentary evidence available from any source;
(5) Determining whether to contest the assertion of any testimonial privilege;
(6) Making application to the Superior Court for a grant of immunity to any witness or for warrants, subpoenas or other court orders; and
(7) Initiating and conducting prosecutions, framing and signing indictments, filing information, and handling all aspects of any case, in the name of the State of New Jersey.
b. The independent counsel appointed pursuant to this act shall receive compensation at the per diem rate established by the Supreme Court for retired Superior Court judges serving on a recall basis.
c. The independent counsel may request assistance from the Department of Law and Public Safety in carrying out the functions of the independent counsel, and the department shall provide that assistance, which may include access to any records, files, or other material relevant to matters within the independent counsel's jurisdiction and the use of the resources and personnel necessary to perform such duties.
d. The Department of Law and Public Safety shall pay all costs relating to the establishment and operation of the office of independent counsel.
e. The independent counsel shall where possible comply with the written or other established policies of the Department of Law and Public Safety with respect to the enforcement of the criminal laws.
4. The independent counsel appointed under this act may be removed from office by the Attorney General only for good cause, physical disability, mental incapacity or any other condition which substantially impairs the performance of the independent counsel's duties.
5. The appointment of the independent counsel shall terminate when:
a. The independent counsel notifies the Attorney General that the investigation of all matters within the jurisdiction of the independent counsel and any resulting prosecutions have been completed or so substantially completed that it would be appropriate for the Department of Law and Public Safety to complete such investigations and prosecutions; and
b. The independent counsel has filed a final report with the Legislature with regard to the investigation.
6. This act shall take effect immediately.
STATEMENT
This bill would authorize the appointment of an independent counsel to investigate allegations surrounding the recent resignation of Michael Francis, chairman of the New Jersey Sports and Exposition Authority, from that post. The Attorney General has confirmed that the State is investigating allegations about Mr. Francis which were made by an unnamed third party. That party, who is allegedly connected with organized crime, is reported to have boasted that his connections with Mr. Francis allowed him to unlawfully have input in the awarding of contracts made by the authority.
Because of Mr. Francis's close ties to many high-level officials in the administration, including the Governor, the sponsors believe that an investigation by the Attorney General's office would be inappropriate and would, at the least, give the appearance of impropriety.
The appointment of an independent counsel to carry out any investigation would resolve this potential impropriety.
The independent counsel would be selected by the Attorney General from a list of three candidates chosen by a panel of three Appellate Division judges. The judges would define the scope of the independent counsel's jurisdiction. The independent counsel would have full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General in this matter.
Authorizes appointment of an independent counsel to investigate all matters arising out of allegations made against former Sports and Exposition Authority chairman Michael Francis.