New Jersey-2012-A1698-Introduced

An Act requiring information on the Joint Legislative Committee on Ethical Standards to be provided to the public and amending P.L.1971, c.182.

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

1. Section 11 of P.L.1971, c.182 (C.52:13D-22) is amended to read as follows:

11. (a) The Joint Legislative Committee on Ethical Standards created pursuant to the provisions of P.L.1967, c.229, as continued and established pursuant to P.L.1971, c.182, is continued and established in the Legislative Branch of State Government with the addition of the public members as set forth in this section.

(b) (1) The joint committee shall be composed of 12 members as follows: four members of the Senate appointed by the President thereof, no more than two of whom shall be of the same political party; four members of the General Assembly, appointed by the Speaker thereof, no more than two of whom shall be of the same political party; and four public members, one appointed by the President of the Senate, one appointed by the Speaker of the General Assembly, one appointed by the Minority Leader of the Senate and one appointed by the Minority Leader of the General Assembly.

(2) Commencing with the second Tuesday in January of the next even numbered year following the effective date of P.L.2004, c.24, the joint committee shall be composed of sixteen members as follows: four members of the Senate, appointed by the President thereof, no more than two of whom shall be of the same political party; four members of the General Assembly, appointed by the Speaker thereof, no more than two of whom shall be of the same political party; and eight public members, two appointed by the President of the Senate, two appointed by the Speaker of the General Assembly, two appointed by the Minority Leader of the Senate and two appointed by the Minority Leader of the General Assembly.

(3) No public member shall be a lobbyist or governmental affairs agent as defined by the "Legislative and Governmental Process Activities Disclosure Act," P.L.1971, c.183 (C.52:13C-18 et seq.), a full-time State employee or an officer or director of any entity which is required to file a statement with the Election Law Enforcement Commission, and no former lobbyist or governmental affairs agent shall be eligible to serve as a public member for one year following the cessation of all activity by that person as a governmental affairs agent or lobbyist. The legislative members
shall serve until the end of the two-year legislative term during which the members are appointed. The public members shall serve for terms of two years and until the appointment and qualification of their successors.

The terms of the public members shall run from the second Tuesday in January of an even-numbered year to the second Tuesday in January of the next even-numbered year, regardless of the original date of appointment.

Vacancies in the membership of the joint committee shall be filled in the same manner as the original appointments, but for the unexpired term only. Public members of the joint committee shall serve without compensation, but shall be entitled to be reimbursed for all actual and necessary expenses incurred in the performance of their duties.

(c) The joint committee shall organize as soon as may be practicable after the appointment of its members, by the selection of a chairman and vice chairman from among its membership and the appointment of a secretary, who need not be a member of the joint committee.

(d) (1) The Legislative Counsel in the Office of Legislative Services shall act as legal adviser to the joint committee. The Legislative Counsel shall, upon request, assist and advise the joint committee in the rendering of advisory opinions by the joint committee, in the approval and review of codes of ethics adopted by State agencies in the Legislative Branch, and in the recommendation of revisions in codes of ethics or legislation relating to the conduct of members of the Legislature or State officers and employees in the Legislative Branch.

(2) The Legislative Counsel shall provide for an appropriate public employee to respond, by mail, telephone, or electronic means, to an inquiry from an individual who seeks to file a complaint with the joint committee concerning the process for filing; the technical requirements, and relevant information required by the joint committee, for a complete and proper filing; any action or appearance required of the individual after the filing; any notice to be given or received by the individual after the filing; and the procedure the joint committee follows for holding a meeting, rendering an opinion, and initiating, receiving, hearing, and reviewing a complaint. The employee shall be prohibited from assisting an individual in formulating the complaint or in gathering the relevant information for the complaint, and from commenting or providing advice on the substance of the complaint.

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

(f) The joint committee shall have all the powers granted pursuant to chapter 13 of Title 52 of the Revised Statutes.

(g) The joint committee 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, of a code of ethics promulgated pursuant to the provisions of this act or of any rule of either or both Houses which gives the joint committee jurisdiction and the authority to investigate a matter.

(h) The joint committee shall have jurisdiction to initiate, receive, hear and review complaints regarding violations of the provisions of this act or of a code of ethics promulgated pursuant to the provisions of this act. It shall further have such jurisdiction as to enforcement of the rules of either or both Houses of the Legislature governing the conduct of the members or employees thereof as those rules may confer upon the joint committee. A complaint regarding a violation of a code of ethics promulgated pursuant to the provisions of this act may be referred by the joint committee for disposition in accordance with subsection 12(d) of this act.

(i) Any State officer or employee or special State officer or employee in the Legislative Branch found guilty by the joint committee of violating any provisions of this act, of a code of ethics promulgated pursuant to the provisions of this act or of any rule of either or both Houses which gives the joint committee jurisdiction and the authority to investigate a matter shall be fined not less than $500.00 nor more than $10,000, which penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and may be reprimanded and ordered to pay restitution where appropriate and may be suspended from office or employment by order of the joint committee for a period not in excess of one year. If the joint committee finds that the conduct of the officer or employee constitutes a willful and continuous disregard of the provisions of this act, of a code of ethics promulgated pursuant to the provisions of this act or of any rule of either or both Houses which gives the joint committee jurisdiction and the authority to investigate a matter, it may order that person removed from office or employment and may further bar the person from holding any public office or employment in this State in any capacity whatsoever for a period of not exceeding five years from the date on which the person was found guilty by the joint committee.

(j) A member of the Legislature who shall be found guilty by the joint committee of violating the provisions of this act, of a code of ethics promulgated pursuant to the provisions of this act or of any rule of either or both Houses which gives the joint committee jurisdiction and the authority to investigate a matter shall be fined not less than $500.00 nor more than $10,000, which penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and shall be subject to such further action as may be determined by the House of which the person is a member. In such cases the joint committee shall report its findings to the appropriate House and shall recommend to the House such further action as the joint committee deems appropriate, but it shall be the sole responsibility of the House to determine what further action, if any, shall be taken against such member.

(k) The joint committee shall maintain on the Internet:

a description of the committee and its duties and responsibilities; an explanation of the process for filing a complaint with the committee and the procedures the committee follows for holding meetings, rendering opinions and initiating, receiving, hearing and reviewing complaints;

the name and title of each member of the committee;

the name and title of the person appointed as secretary to the committee and of any other person serving as staff to the committee;

information on the location of the committee's office;

information for contacting the committee, including the mailing address and telephone number of the secretary of the committee and a function to enable contact with the committee staff through electronic mail from the Internet site; and

such other matters and information the committee deems appropriate.

This information shall be accessible directly through a link located on the main page of the Internet site of the New Jersey Legislature, which link shall be conspicuously located and clearly labeled on that page.

(cf: P.L.2004, c.27, s.25)

2. This act shall take effect immediately.

STATEMENT

This bill requires the Joint Legislative Committee on Ethical Standards to maintain on the Internet certain information concerning the committee. Specifically, the committee would have to maintain on the Internet:

the name and title of each member of the committee;

the name and title of the person appointed as secretary to the committee and of any other person serving as staff to the committee;

information on the location of the committee's office;

such other matters and information the committee deems appropriate.

This information is to be accessible directly through a link located on the main page of the Internet site of the New Jersey Legislature, which link is to be conspicuously located and clearly labeled on that page.

In addition, the bill requires the Legislative Counsel to provide for an appropriate public employee to respond, by mail, telephone, or electronic means, to an inquiry from an individual who seeks to file a complaint with the joint committee concerning the process for filing; the technical requirements, and relevant information required by the joint committee, for a complete and proper filing; any action or appearance required of the individual after the filing; any notice to be given or received by the individual after the filing; and the procedure the joint committee follows for holding a meeting, rendering an opinion, and initiating, receiving, hearing, and reviewing a complaint. The employee will be prohibited from providing assistance to an individual in formulating the complaint or in gathering the relevant information for the complaint, and from commenting or providing advice on the substance of the complaint.