WHEREAS, the
State of New Jersey has long been committed to the development and
implementation of policies and programs that will afford maximum
economic and employment opportunities to all of its citizens; and
WHEREAS, the
Legislature enacted the current form of the New Jersey Set-Aside
Act for Small Businesses, Female Businesses, and Minority Businesses
in 1985, providing that State contracting agencies shall have as
a goal the awarding of at least 15 percent of their contracts for
goods, equipment, construction and services to small businesses;
at least 7 percent to minority businesses; and at least 3 percent
to female businesses; and
WHEREAS, contracting
goals were also established for local governmental entities and
certain State agencies and authorities, including but not limited
to, the New Jersey Sports and Exposition Authority, the New Jersey
Transportation Trust Fund Authority, and the Economic Development
Authority; and
WHEREAS, labor
workforce goals were established for goods and services vendors
as well as construction contractors awarded contracts by public
agencies in the State of New Jersey; and
WHEREAS, the
State conducted a study regarding Discrimination in Public Works
Procurement and Construction Contracts, which was commenced pursuant
to Executive Order No. 213 (Kean) in 1989, and completed in 1993;
and
WHEREAS, it
is advisable for the State to create a study commission charged
with updating and expanding the earlier study, through a review
of data and information concerning the past and present nature and
scope of discrimination in State employment and contracting; and
WHEREAS, the
results of such an updated and expanded study will allow the State
to modify and adapt existing programs so as to best afford employment
and contracting opportunities to all of its citizens;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby ORDER and DIRECT:
1. There
is hereby established in, but not of, the Department of State
the Governor's Study Commission on Discrimination in State Employment
and Contracting ("Study Commission").
2. The Study
Commission shall consist of twenty-two (22) members as follows:
(a) The
Secretary of State, or a designee, shall serve ex-officio;
(b) The
State Treasurer, or a designee, shall serve ex-officio;
(c) The
Commissioner of Community Affairs, or a designee, shall serve
ex-officio;
(d) The
Commissioner of Personnel, or a designee, shall serve ex-officio;
(e) The
Commissioner of Labor, or a designee, shall serve ex- officio;
(f) The
Commissioner of Transportation, or a designee, shall serve ex-officio;
(g) The
Chief Executive Officer and Secretary of the Commerce and Economic
Growth Commission, or a designee, shall serve ex-officio;
(h) The
Director of the Division on Civil Rights, or a designee, shall
serve ex-officio;
(i) The
Chairperson of the Legislative Black and Latino Caucus shall
serve ex-officio; and
(j) Thirteen
(13) public members who have expertise in issues of discrimination
and equal opportunity shall be directly appointed by the Governor
for terms of one year.
3. The Study
Commission shall organize and meet as soon as practicable after
the appointment of its members. A Chairperson and Vice-Chairperson
shall be appointed by the Governor. Each member shall hold office
for the term of appointment and until his or her successor is
appointed and qualified. A member appointed to fill a vacancy
occurring on the Study Commission for any reason other than the
expiration of the term shall have a term of appointment for the
unexpired term only. A member may be appointed for any number
of successive terms. The members shall serve without compensation,
but shall be reimbursed for necessary expenses incurred in the
performance of their duties as members.
4. The Study
Commission shall investigate, research and report on the nature
and scope of any past or present discrimination in State employment
and contracting. Where the Study Commission finds evidence of
such discrimination, it shall identify and evaluate remedies,
consistent with guidelines established by law.
5. The Study
Commission is authorized to call upon any department, office or
agency of State government to provide such information, resources
or other assistance deemed necessary to discharge its responsibilities
under this Order. Each department, officer, division and agency
of this State is hereby required to cooperate with the Study Commission
and to furnish it with such information, personnel and assistance
as is necessary to accomplish the purposes of this Order.
6. The Study
Commission is authorized to utilize any and all outside resources,
including consultants and experts, deemed necessary to discharge
its responsibilities under this Order.
7. The Study
Commission shall report its findings and recommendations concerning
past and present discriminatory practices in State employment
and contracting to the Governor no later than one year after the
effective date of this Order; provided, however, for good cause,
the Chairperson may allow for a reasonable extension of the one-year
time period.
8. This
Order shall take effect immediately.
GIVEN,
under my hand and seal
this 6th day of April in the Year
of Our Lord, Two Thousand, and
of the Independence of the United
States, Two Hundred Twenty-Four.
/s/
Christine Todd Whitman
Governor
[seal]
Attest:
/s/ Richard
S. Mroz
Chief Counsel to the Governor
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