Bill Text: NJ S3504 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes Office of Veteran Advocate and ombudsman for DMVA; appropriates funds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-24 - Introduced in the Senate, Referred to Senate Military and Veterans' Affairs Committee [S3504 Detail]
Download: New_Jersey-2024-S3504-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Establishes Office of Veteran Advocate and ombudsman for DMVA; appropriates funds.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Office of the Veteran Advocate and establishing ombudsman for the Department of Military and Veterans Affairs, supplementing Title 38A of the New Jersey Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established the Office of the Veteran Advocate in the Executive Branch of the State Government. For purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of Military and Veterans Affairs, but notwithstanding the allocation, the office shall be independent of any supervision or control by the department, or a division, office, or officer thereof, in the performance of its duties. If there is established a Department of Veterans Services separate from the Department of Military and Veterans Affairs, the Office of the Veteran Advocate shall be transferred to be in, but not of, the Department of Veterans Services, pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). All references in this act to the department shall mean the Department of Military and Veterans Affairs. If there is established a Department of Veterans Services, all references to the department in this act shall thereafter mean the Department of Veterans Services.
2. a. The administrator and chief executive officer of the office shall be the Veteran Advocate. The Veteran Advocate shall be appointed by the Governor, with the advice and consent of the Senate. Any person appointed to the position of Veteran Advocate shall be a veteran. The Veteran Advocate shall be selected without regard to political affiliation and on the basis of integrity. The qualifications of the person selected may include, but need not be limited to, a demonstrated ability in veteran welfare and justice, auditing, law, health care, management analysis, public administration and investigation, or criminal justice administration. Preference may be given to a candidate who is an attorney-at-law of this State, who has experience in veterans' services or has experience in long-term care services.
b. The salary of the Veteran Advocate shall not be less than $150,000 per year.
c. The term of Office of the Veteran Advocate shall be five years, but the Veteran Advocate shall serve until the appointment and qualification of the successor. No person shall be appointed as Veteran Advocate for more than two full terms. The Veteran Advocate may appoint, subject to appropriation, such other personnel as the Veteran Advocate deems necessary for the efficient management of the office.
d. The entire professional time of the Veteran Advocate shall be devoted to the duties of the position. A vacancy occurring in the position of Veteran Advocate shall be filled in the same manner as the original appointment, except that if the Veteran Advocate dies, resigns, or is removed from office, the Governor shall appoint an acting Veteran Advocate who shall serve until the appointment and qualification of the successor.
The Veteran Advocate may be removed from office for cause by the Governor. Such cause may include, but is not limited to, substantial neglect of duty, gross misconduct, or conviction of a crime.
3. a. The Veteran Advocate shall:
(1) administer the work of the Office of the Veteran Advocate;
(2) appoint and remove such legal counsel, officers, investigators, stenographic, and clerical assistants, and other personnel, in the career or unclassified service, as may be required for the conduct of the office, subject to the provisions of Title 11A of the New Jersey Statutes, and other applicable statutes and federal regulations, except as provided otherwise herein;
(3) formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the office, its officers, and employees, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); and
(4) institute or cause to be instituted such legal proceedings or processes consistent with the Rules Governing the Courts of New Jersey as may be necessary to properly enforce and give effect to any of the powers or duties of the Veteran Advocate.
(5) ensure that veterans in the care of or receiving services under the supervision of the department receive treatment in accordance with the applicable State and federal statutes and regulations at all times, with full respect for the veterans' personal dignity and right to privacy;
(6) ensure that veterans in the care of or receiving services under the supervision of the department receive timely, safe, and effective services, as outlined in the applicable State and federal statutes and regulations;
(7) aid and coordinate with local veterans service officers to ensure veterans receive all available State and federal benefits;
(8) examine, on a system-wide basis, the care and services that the department provides veterans;
(9) advise the public and those at the highest levels of State government about how the department may improve its services to and for veterans and their families;
(10) develop internal procedures appropriate for the effective performance of the office's duties;
(11) act as a liaison to the department to ensure each veteran receives the necessary services and care mandated by the applicable State and federal statutes and regulations;
(12) provide input to the department in developing procedures for the executive agencies to best serve the veteran community;
(13) act as a liaison to the United States Department of Veterans Affairs and all other relevant federal agencies to advocate on behalf of the veterans of the State;
(14) investigate incidents where a veteran suffered a fatality, near fatality, or serious bodily or emotional injury while receiving services from the department, or circumstances which result in a reasonable belief that department failed in its duty to care for a veteran and, as a result, the veteran was at imminent risk of, or suffered serious bodily or emotional injury or death; and
(15) commence formal investigations on specific matters related to services provided by the department for which subpoenas, pursuant to subsection b. of this section, may be issued.
b. The Veteran Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the formal investigation of the office pursuant to subparagraphs (14) and (15) of subsection a. of this section. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Veteran Advocate may apply to the Superior Court, in accordance with the Rules Governing the Courts of the State of New Jersey, to order the person to appear and give testimony or produce the books, papers, or other documents, as applicable.
c. The Veteran Advocate shall disseminate information to the public on the objectives of the office, the services provided by the office, and the methods by which the office may be contacted.
d. The Veteran Advocate shall assist the Governor in proposing methods of achieving increased coordination and collaboration with the department to ensure maximum effectiveness and efficiency in the provision of services to veterans.
4. a. The Veteran Advocate may:
(1) inspect and review the operations, policies, and procedures of veterans' facilities operated by the department;
(2) investigate, review, monitor, or evaluate department response to, or disposition of, an allegation of veteran abuse or neglect occurring within a veterans' facility in this State;
(3) review, evaluate, report on, and make recommendations concerning the procedures established by the department;
(4) hold a public hearing on the subject of studies underway by the office, and receive testimony from agency and program representatives, the public, and other interested parties, as the Veteran Advocate deems appropriate; and
(5) establish and maintain a 24-hour toll-free telephone hotline to receive and respond to calls from members of the public referring individual and systemic concerns to the Veteran Advocate.
b. In exercising the authority provided in subsection a. of this section, the Veteran Advocate may conduct unannounced site visits to any institution or facility under the supervision of the department, if the Veteran Advocate, prior to conducting an unannounced site visit, has initiated a project or investigation into the response or disposition of an allegation of abuse or neglect and there is a reasonable basis to believe that an unannounced site visit is necessary to carry out the Veteran Advocate's responsibilities under this act, P.L. , c. (C. ) (pending before the Legislature as this bill), provided, however, that any unannounced site visit shall be conducted at a reasonable time and in a reasonable manner.
c. In exercising the authority provided under subsection a. of this section and section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) the Veteran Advocate may, as appropriate, consult with any appropriate State, county, or municipal agency, or a State-funded private entity providing services to veterans, and may request from any such entity, and the entity is hereby authorized and directed to provide, such cooperation and assistance as will enable the Office of the Veteran Advocate to properly perform its responsibilities under this act.
d. Notwithstanding the provisions of section 11 of P.L.1944, c.20 (C.52:17A-11) to the contrary, the Veteran Advocate may hire independent counsel on a case-by-case basis to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors.
e. As used in this section:
"Veterans' facility" means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the department.
5. The Veteran Advocate shall serve as an ombudsman for veterans and their families by receiving and investigating complaints from veterans and family members of veterans in this State, and issuing reports regarding issues with veteran's services provided by any State entity or any private entity that receives State funding for providing veteran's services.
The Veteran Advocate shall review, monitor, and report on the performance of State entities and State-funded private entities charged with the care and supervision of veterans by conducting research audits or other studies of case records, policies, procedures, and protocols, as deemed necessary by the Veteran Advocate to assess the performance of the entities.
6. a. If the Veteran Advocate identifies a systemic problem in how the department, protects veterans, the Veteran Advocate shall meet with the department to provide a reasonable opportunity to discuss the problem and identify possible responses the agency may consider. Taking into account any information provided during the meeting and discussion, the Veteran Advocate shall provide its findings and recommendations in writing to the department and, except as provided in subsections b. and c. of section 9 of this act, make those findings and recommendations available to the public. The recommendations made by the Veteran Advocate shall not conflict with or violate any State or federal statute or regulation, or court order.
b. Within 30 days of the receipt of the Veteran Advocate's findings and recommendations, the department shall develop a corrective action response that addresses the findings and recommendations of the Veteran Advocate and specifies what actions, if any, the department will take in response to the systemic problem identified by the Veteran Advocate, which response may be developed in conjunction with the Veteran Advocate. The corrective actions shall not conflict with or violate any State or federal statute or regulation or court order. If the department does not agree with the assessments made in the Veteran Advocate's findings and recommendations, the department may challenge the assessments within 30 days of the receipt of the findings and recommendations. The challenge made by the department shall be available to the public.
c. The department shall submit its corrective action response to the head of the department and simultaneously provide a copy to the Veteran Advocate.
d. The Veteran Advocate shall monitor a department's implementation of its corrective action response. The department shall provide the Veteran Advocate with periodic reports on the status of the actions taken by the facility pursuant to its corrective action response. The Veteran Advocate shall monitor the department's implementation of its corrective action response for a period of one year, during which time the department shall provide the Veteran Advocate with periodic reports, except that the Veteran Advocate may determine that the monitoring and periodic reports are required for a period of less than one year. The department's obligation to provide periodic reports on the implementation of its corrective action response may exceed a period of one year if the Veteran Advocate and the department jointly agree that an extended reporting period is appropriate. The Veteran Advocate and the department shall jointly develop criteria for the department to meet within one year, or another time period as appropriate, in order for the department to no longer be subject to monitoring by the Veteran Advocate. The criteria shall not conflict with or violate State or federal statute or regulation or court order.
e. The Veteran Advocate shall promulgate rules and regulations regarding a timeline for implementation of a corrective action response by the department at a facility and regarding actions the Veteran Advocate may take if the department fails to implement the corrective action response.
f. A department shall make public the corrective action responses and periodic status reports required by this section.
7. a. In addition to the powers granted in section 4 of this act, the Veteran Advocate may:
(1) intervene in or institute litigation, including appearing in the capacity of an amicus curiae, as appropriate, on any matters within the jurisdiction of the Veteran Advocate set forth in P.L. , c. (C. ) (pending before the Legislature as this bill), or
(2) intervene in or institute administrative proceedings before the department, assert the broad public interest of the State in the welfare of veterans, and protect and promote the rights of veterans. In taking such actions, the Veteran Advocate shall consider whether a veteran may be in need of assistance from the Veteran Advocate or whether there is a systemic issue in the department's provision of services to veterans that should be addressed. The Veteran Advocate shall make a good faith effort to resolve issues or problems, and shall have the authority to commence negotiations, mediation, or alternative dispute resolution in its advocacy efforts prior to, or in lieu of, the initiation of any action brought pursuant to this section. The Veteran Advocate shall not have the authority to negotiate, mediate, or commence any other dispute resolution in matters when such engagement would conflict with any applicable collective bargaining agreements, State contracts, or any State or federal law or court order.
b. The Veteran Advocate shall have discretion to decide whether to intervene in any particular matter within the jurisdiction of the Veteran Advocate set forth in P.L. c. (C. ) (pending before the Legislature as this bill), or to represent or refrain from representing the public interest in a proceeding pursuant to subsection a. of this section. The Veteran Advocate shall consider, in exercising the Veteran Advocate's discretion, the resources available, the importance and extent of the public interest involved, and whether that interest would be adequately represented without the action of the office.
8. a. The Veteran Advocate shall seek the approval of a veteran or adult guardian, as applicable, or obtain the approval of a court of competent jurisdiction, to conduct an investigation authorized under the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill).
b. If court approval is sought, the court, in reviewing an application for approval, shall consider the investigative needs of the Veteran Advocate. Upon consideration of the factors in this subsection, the court may order any alternative methods for obtaining the required information.
9. Pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Veteran Advocate shall report annually to the Governor, the Legislature, and the head of the department on: the activities of the office; priorities for veteran's services provided by the department that have been identified by the Veteran Advocate; and recommendations for improvement or necessary changes concerning the provision of services by the department. The annual report shall be made available to the public and posted on the department website.
10. a. The Veteran Advocate shall make public its significant findings of investigation reports or other studies undertaken by the office, including its significant investigatory findings to complaints received pursuant to section 4 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill) and shall forward any publicly reported findings to the Governor, the Legislature, and the head of the department. The department shall be permitted to respond to investigation reports and other studies undertaken by the office and the response shall be made public.
b. The Veteran Advocate shall not disclose:
(1) any information that would likely endanger the life, safety, or physical or emotional well-being of a veteran, or the life or safety of a person who filed a complaint or a department employee, or which may compromise the integrity of a State or county department or agency investigation, civil or criminal investigation, or judicial or administrative proceeding; and
(2) the name of or any other information identifying the person who filed a complaint with, or otherwise provided information to, the office without the written consent of that person. The information subject to the provisions of this subsection shall not be considered a public record pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.).
c. The Veteran Advocate shall not disclose any information that may be deemed confidential by State or federal law or by a court order.
11. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Veteran Advocate and the department may adopt any rules and regulations necessary to effectuate the purposes of this act, P.L. , c. (C. ) (pending before the Legislature as this bill).
12. There is appropriated from the General Fund to the Office of the Veteran Advocate established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) such funds as shall be necessary for the implementation of this act.
13. This act shall take effect immediately.
STATEMENT
This bill establishes the Office of the Veteran Advocate in, but not of, the Department of Military and Veteran Affairs (DMVA). If a Department of Veterans Services is established, the Office of the Veteran Advocate will be transferred to be in, but not of, the Department of Veterans Services. The bill provides that the Veteran Advocate would seek to ensure the provision of effective, appropriate, and timely services for veterans and address abuse and neglect of veterans under State supervision.
The Veteran Advocate is to be appointed by the Governor with the advice and consent of the Senate. The Veteran Advocate will be appointed for no more than two five-year terms. The Veteran Advocate will be paid a salary of not less than $150,000 per year. The Veteran Advocate may be removed from office for cause by the Governor.
The Veteran Advocate will have a wide variety of duties regarding investigating and reporting on the operations and policies of State, county, and local veterans' facilities. The investigatory and reporting duties will address any instances of veteran abuse and neglect. The Veteran Advocate may conduct site visits to the various facilities under the office's jurisdiction and may consult with other public entities which are directed to provide cooperation and assistance to the Veteran Advocate. The Veteran Advocate may hold a public hearing and receive testimony from agency and program representatives, the public, and other interested parties. The Veteran Advocate may also establish and maintain a 24-hour toll-free telephone hotline to receive and respond to calls from members of the public referring concerns to the office. In instances of formal investigations on specific matters, the Veteran Advocate may also issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses.
The Veteran Advocate will also serve as an ombudsman for veterans and their families by investigating complaints from veterans and family members of veterans in this State regarding issues with veteran's services provided by any State entity or any private entity that receives State funding for providing veteran's services.
Additionally, the Veteran Advocate may intervene in or institute litigation, including appearing in the capacity of an amicus curiae, and may intervene in or institute administrative proceedings before the DMVA to assert the broad public interest of the State in the welfare of veterans and to protect and promote the rights of veterans.
If the Veteran Advocate finds a systemic problem in how the State protects veterans, the Veteran Advocate will meet with the DMVA to discuss the problem and identify possible solutions. The Veteran Advocate will then provide its findings and recommendations in writing to the affected agency. The findings and recommendations are to be made available to the public. The department is then required to develop a corrective action plan in response to the findings and declarations within 30 days of receipt and submit it to the commissioner of the relevant department and the Veteran Advocate. The Veteran Advocate will monitor the facility's implementation of its corrective action plan and will review the required periodic reporting by the facility.
The Veteran Advocate will submit an annual report to the Governor, the Legislature, and the head of the DMVA, which will also be made available to the public and will be posted on the DMVA website. The annual report will include the activities of the office, priorities for veteran's services that have been identified by the Veteran Advocate, and recommendations for improvement or necessary changes concerning the variety of services to veterans who are at risk of abuse or neglect and are in State custody.
There is an appropriation made from the General Fund to implement the contents of this bill.
