Bill Text: NJ S2100 | 2016-2017 | Regular Session | Amended
Bill Title: Imposes certain qualification requirements for members of State Ethics Commission; provides process for appointment of members.*
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-06-23 - Received in the Assembly, Referred to Assembly Judiciary Committee [S2100 Detail]
Download: New_Jersey-2016-S2100-Amended.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Imposes certain qualification requirements for members of State Ethics Commission; provides process for appointment of members.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on May 23, 2016, with amendments.
An Act concerning the qualifications and appointment of members of the State Ethics Commission 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, c.229, is continued and established in the Department of Law and Public Safety and shall constitute the first commission under P.L.1971, c.182 (C.52:13D-12 et al.).
Upon the effective date of P.L.2005, c.382, the Executive Commission on Ethical Standards shall be renamed, and thereafter referred to, as the State Ethics Commission. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the State Ethics Commission is allocated in, but not of, the Department of Law and Public Safety, but notwithstanding that allocation, the commission shall be independent of any supervision and control by the department or by any board or officer thereof.
(b) (1) The commission shall be composed of seven members as follows: three members appointed by the Governor from among State officers and employees serving in the Executive Branch, one of whom shall be an officer or employee of the Division of Law in the Department of Law and Public Safety and one of whom shall be an officer or employee of the Office of the State Comptroller; and four public members appointed by the Governor, not more than two of whom shall be of the same political party. Each member of the commission shall be a resident of the State upon the date of appointment and during the term of service.
(2) Each member appointed from the Executive Branch shall serve at the pleasure of the Governor during the term of office of the Governor appointing the member [and until the member's successor is appointed and qualified]. The public members shall serve for terms of four years [and until the appointment and qualification of their successors, but of the public members first appointed pursuant to P.L.2003, c.160, one shall serve for a term of two years and one shall serve for a term of four years, and of the two public members first appointed pursuant to P.L.2005, c.382, one shall serve for a term of one year and one shall serve for a term of three years]. The Governor shall designate one public member to serve as chairman and one member to serve as vice-chairman of the commission.
1[(3) The Governor may remove a public member of the commission, upon notice and opportunity to be heard, when the member is unable to perform the member's duties as determined by the Governor. The removal determination shall be set forth in a written statement from the Governor with the reasons the member is unable to perform duties explained therein. The statement shall be submitted, prior to the date set for the removal, to the public member being removed, the Attorney General, the commission, and the Appointment Advisory Panel.]1
[The members of the State Ethics Commission who were appointed by the Governor from among the State officers and employees serving in the Executive Branch serving on January 17, 2006 are terminated as of that day. A member terminated pursuant to this paragraph shall be eligible for reappointment.]
1[(4)] (3)1 Vacancies in the membership of the commission shall be filled in the same manner as the original appointments but, in the case of public members, for the unexpired term only.
1[(5)] (4)1 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. A public member may be reappointed for subsequent terms on the commission.
1[(6)] (5)1 All appointments to the commission, whether required due to the expiration of the term of a member or due to a vacancy in the membership of the commission, shall be made in accordance with the following process.
The Governor, Attorney General, or the commission shall notify in writing the Appointment Advisory Panel, created under this paragraph, of the need to initiate the appointment process. The written notice shall be delivered at least three calendar months before the expiration of the term of office of a member, or within five calendar days following the occurrence of a vacancy or the receipt of information by the Governor, Attorney General, or commission that a vacancy will occur whichever occurs first.
The panel shall convene within five calendar days of receipt of the written notice. Within 60 calendar days of convening, the panel shall submit, in writing, to the Governor the names of three persons from which the Governor shall choose the person to appoint as a member of the commission. If more than one member is to be appointed, the panel shall submit for each appointment three names from which the Governor shall choose the person to appoint as a member of the commission. If the panel does not submit to the Governor the names within 60 calendar days of convening, or if the Governor does not appoint a member within 10 calendar days of receipt of the names, the Governor shall nominate in such instances only, within 60 calendar days of the panel's deadline for submitting the names or of the receipt of the names, a person for appointment as a member of the commission with the advice and consent of the Senate.
The Appointment Advisory Panel shall be comprised of six retired judges or justices of the Superior or Supreme Courts of New Jersey who are residents of the State upon the date of appointment and during service on the panel. The members shall be appointed within 30 calendar days of the effective date of P.L. , c. (pending before the Legislature as this bill). 1[Two members] One member1 of the panel shall be appointed by the Governor, 1[two members] one member1 of the panel shall be appointed by the Chief Justice of the New Jersey Supreme Court, one member of the panel shall be appointed by the President of the Senate, 1[and] one member of the panel shall be appointed by the Minority Leader of the Senate,1 one member of the panel shall be appointed by the Speaker of the General Assembly 1, and one member of the panel shall be appointed by the Minority Leader of the General Assembly1. No more than three of the six members of the panel shall be of the same political party. The names and pertinent information concerning each appointed member of the panel shall be submitted to the Governor, Attorney General, and the commission. A vacancy in the membership of the panel shall be filled in the same manner as the original appointment.
If an appointment of a member to serve on the commission is not made in accordance with the process set forth in this paragraph within 120 calendar days of the expiration of the term of office of a member or of the date of occurrence of a vacancy in the membership of the commission, a quorum for the performance of the duties, functions, and responsibilities and the exercise of any power of the commission shall be a majority of members then serving.
(c) Each member of the commission and the panel shall serve without compensation but shall be entitled to be reimbursed for all actual and necessary expenses incurred in the performance of the member's duties.
(d) The Attorney General shall act as legal adviser and counsel to the commission. The Attorney General 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) (1) The 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.
(2) The commission shall employ a training officer who shall be in the unclassified service of the civil service of this State. The training officer shall devote full-time to the creation, maintenance and coordination of a training program on ethical standards. The program shall be established for the purpose specified in section 2 of P.L.2005, c.382 (C.52:13D-21.1). The program shall be provided by the training officer or assistants or deputies of such officer, or by such other persons as may be designated by the commission. The commission shall approve the form and content of the training program created by the training officer and shall determine when and at what intervals State officers and employees and special State officers and employees in a State agency in the Executive Branch shall be required to complete such a program. The training program may include content which in particular addresses the situations of certain identified groups of officers or employees such as those who are involved in contracting processes.
(3) The commission shall employ a compliance officer who shall be in the unclassified service of the civil service of this State. The compliance officer shall devote full-time to the creation, maintenance, monitoring and coordination of procedures to ensure that all State officers and employees and special State officers and employees in State agencies in the Executive Branch comply fully with all reporting and training requirements and that all materials, forms, codes, orders and notices are distributed to and acknowledged by appropriate individuals, as may be required. In addition, the compliance officer shall conduct, on such regular basis as determined by the commission, systematic audits of State agencies in the Executive Branch for compliance with the laws, regulations, codes, orders, procedures, advisory opinions and rulings concerning the ethical standards for State employees and officers and special State officers and employees.
(f) The commission, in order to perform its duties pursuant to the provisions of P.L.1971, c.182 (C.52:13D-12 et al.), 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 commission and the persons appointed by the commission for that purpose are hereby empowered to administer oaths and examine witnesses under oath.
(g) The 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 P.L.1971, c.182 (C.52:13D-12 et al.) or of a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 (C.52:13D-12 et al.).
(h) The commission shall have jurisdiction to initiate, receive, hear and review complaints regarding violations, by any current or former State officer or employee or current or former special State officer or employee, in the Executive Branch, of the provisions of P.L.1971, c.182 (C.52:13D-12 et al.) or of a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 (C.52:13D-12 et al.). Any complaint regarding a violation of a code of ethics may be referred by the commission for disposition in accordance with subsection (d) of section 12 of P.L.1971, c.182 (C.52:13D-23).
An investigation regarding a violation committed during service by a former State officer or employee or special State officer or employee shall be initiated by the commission not later than two years following the termination of service.
The commission shall have the authority to dismiss a complaint that it determines to be frivolous.
(i) Any current or former State officer or employee or current or former special State officer or employee found guilty by the commission of violating any provision of P.L.1971, c.182 (C.52:13D-12 et al.) or of a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 (C.52:13D-12 et al.) shall be fined not less than $500 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 suspended from office or employment by order of the commission for a period of not in excess of one year. If the commission finds that the conduct of the officer or employee constitutes a willful and continuous disregard of the provisions of P.L.1971, c.182 (C.52:13D-12 et al.) or of a code of ethics promulgated pursuant to the provisions of P.L.1971, c.182 (C.52:13D-12 et al.), 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 commission.
In addition, for violations occurring after the effective date of P.L.2005, c.382, the commission may order restitution, demotion, censure or reprimand, or for a failure to file an appropriate financial disclosure statement or form, shall impose a civil penalty of $50 for each day of the violation, 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.).
(j) The remedies provided herein are in addition to all other criminal and civil remedies provided under the law.
(k) The commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of P.L.1971, c.182 (C.52:13D-12 et al.).
(l) (1) The commission shall communicate periodically with the State Auditor, the State Inspector General, the State Commission of Investigation and the Office of Government Integrity, or its successor, in the Department of Law and Public Safety.
(2) The Executive Director of the commission shall meet with the head of each principal department of the Executive Branch of State Government, each board member if a board is considered the head of a principal department, and the Secretary of Agriculture, the Commissioner of Education, and the Secretary and Chief Executive Officer of the New Jersey Commerce and Economic Growth Commission, within 30 days after the head, member, secretary or commissioner takes office, and shall meet annually with these individuals as a group, to inform them of the laws, regulations, codes, orders, procedures, advisory opinions and rulings concerning applicable ethical standards.
(m) The commission shall create and maintain a toll-free telephone number to receive comments, complaints and questions concerning matters under the jurisdiction of the commission. Information or questions received by the commission by this means shall be confidential and not accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).
(n) Financial disclosure statements required to be submitted to the commission by law, regulation or executive order shall be made available to the public, promptly after receipt, on the Internet site of the commission, commencing with submissions for 2005.
(o) The commission shall prepare and ensure the distribution to each State officer and employee and special State officer and employee in a State agency in the Executive Branch of a plain language ethics guide which provides a clear and concise summary of the laws, regulations, codes, orders, procedures, advisory opinions and rulings concerning ethical standards applicable to such officers and employees. The guide shall be prepared to promote ethical day-to-day decision making, to give general advice regarding conduct and situations, to provide easy reference to sources, and to explain the role, activities and jurisdiction of the State Ethics Commission. Each State officer and employee and special State officer and employee shall certify that he or she has received the guide, reviewed it and understands its provisions.
(p) The commission shall have jurisdiction to enforce the provisions of an Executive Order that specifically provides for enforcement by the commission.
(cf: P.L.2005, c.382, s.1)
2. a. The members of the State Ethics Commission serving on the effective date of P.L. , c. (pending before the Legislature as this bill) are hereby authorized to continue to serve as members of the commission until the 180th day following that effective date. On the 181st day following that effective date, the terms of the members who are State officers or employees serving in the Executive Branch and who are public members are hereby terminated. A member terminated pursuant to this subsection shall be eligible for reappointment, if qualified.
b. Of the public members first appointed pursuant to paragraph 1[(6)] (5)1 of subsection (b) of section 10 of P.L.1971, c.182 (C.52:13D-21), one shall serve for a term of two years, one shall serve for a term of three years, and two shall serve for a term of four years.
3. This act shall take effect immediately.
