State
of New Jersey
Executive
Order #10
Governor
James E. McGreevey
Rescinds
Executive Order #2 (Whitman).
WHEREAS, in
our representative form of government, it is essential that the
conduct of public officials earn the respect and confidence of the
people; and
WHEREAS, those
in government hold positions of public trust that require adherence
to the highest standards of honesty, integrity and impartiality;
and
WHEREAS, public
officials must avoid conduct which is in violation of their public
trust or which creates a justifiable impression among the public
that such trust is being violated; and
WHEREAS, the
Conflicts of Interest Law recognizes that it is desirable to establish
meaningful ethical restrictions while accommodating the ability
of State government to attract experienced, qualified persons to
serve the State's citizens; and
WHEREAS, to
ensure propriety and preserve public confidence, persons serving
in government should have the benefit of specific standards to guide
their conduct and of some disciplinary mechanism to ensure the uniform
maintenance of those standards amongst them; and
WHEREAS, it
has been previously recognized by the Executive Commission on Ethical
Standards ("Executive Commission") that to alleviate such a conflict,
a blind trust may be utilized in certain circumstances to erect
a barrier between State officers and employees and their investments
so that such officers might be shielded from potential conflicts;
and
WHEREAS, ownership
in any closely-held corporation that does business with governmental
entities can raise the appearance of a potential conflict of interest;
and
WHEREAS, the
public disclosure of personal financial interest of public officials
will serve to maintain the public's faith and confidence in its
government representatives and will guard against conduct violative
of the public trust; and
WHEREAS, limits
on the outside income of Cabinet-level appointees can help instill
confidence in government decision-making; and
WHEREAS, it
is essential that State agencies regularly reassess the effectiveness
of the ethical standards that guide the conduct of their employees
and officers;
NOW, THEREFORE,
I, JAMES E. McGREEVEY, 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:
I. PERSONAL FINANCIAL DISCLOSURE
1. |
Every
public employee and public officer as such terms are defined
in Section 6 herein shall file a sworn and duly notarized Financial
Disclosure statement, or other such authentication as the Executive
Commission may require to facilitate electronic filing, which
is current as of five days prior to the date of filing. Each
statement shall include the following information: |
|
a. |
The
name and position of the public employee or public officer;
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b. |
Any
occupation, trade, business, profession or employment engaged
in by the public employee or public officer, his or her spouse,
and dependent children; |
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c. |
A list
of all assets having a value of more than $1,000, both tangible
and intangible, in which a direct or indirect interest is
held by the public employee or public officer, his or her
spouse, and dependent children, valued as of the statement
date; provided, however, that when the value cannot be determined
as of that date, a separate valuation date shall be specified
for the particular asset. Where stocks and bonds are involved,
there shall be included the name of the company, mutual fund,
holding company or government agency issuing them (whenever
such interest exists through ownership in a mutual fund or
holding company, the individual stocks held by such mutual
fund or holding company need not be listed; whenever such
interest exists through a beneficial interest in a trust,
the stocks and bonds held in such trust shall be listed only
if the public employee or public officer has knowledge of
what stocks and bonds are held). Where more than 10 percent
of the stock of the corporation is held, the percentage of
ownership shall be stated. The list shall include any direct
or indirect interest, whether vested or contingent, in any
contract made or executed by a government instrumentality.
In the case of real estate interests, there shall be given
the location, size, general nature and acquisition date of
any real property in New Jersey in which any direct, indirect,
vested or contingent interest is held, together with the names
of all individuals or entities who share a direct or indirect
interest therein and the name of any government instrumentality
that is a tenant of such property or that has before it an
application, complaint or proceeding directly affecting such
property. Assets of a public employee and his or her spouse
shall be listed according to the following value categories:
(1) |
greater
than $1,000 but not more than $5,000; |
(2) |
greater
than $5,000 but not more than $25,000; |
(3) |
greater
than $25,000 but not more than $50,000; |
(4) |
greater
than $50,000 but not more than $100,000; |
(5) |
greater
than $100,000 but not more than $250,000; |
(6) |
greater
than $250,000. |
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The
value of assets of (1) the dependent children of a public employee
or (2) a public officer, his or her spouse and dependent children
need not be disclosed unless specifically requested by the Governor
or the Executive Commission. |
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d. |
A list
of all liabilities of the public employee or public officer,
his or her spouse, and dependent children, valued by category
in the same manner as required by paragraph 1.c. above, except
liabilities which are:
(1) |
less
than $10,000 and owed to a relative as defined in section
6 hereof; |
(2) |
less
than $1,000 and owed to any other person; |
(3) |
loans
secured by a personal motor vehicle, household furniture
or appliances where the loan did not exceed the purchase
price of the item and the outstanding balance did not
exceed $10,000 as of the close of the preceding calendar
year; and |
(4) |
revolving
charge accounts where the outstanding liability does not
exceed $10,000 as of the close of the preceding calendar
year. The value of liabilities of the dependent children
of a public employee or public officer need not be disclosed
unless specifically requested by the Governor or the Executive
Commission. |
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e. |
A
list of all liabilities otherwise subject to disclosure pursuant
to paragraph d. above of the public employee or public officer,
his or her spouse, and dependent children which have been forgiven
by the creditor within 12 months of the statement date. For
each such forgiven liability so listed, the name of the creditor
to whom such a liability was owed shall be stated; |
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f. |
A list
of all sources of income of the public employee or public
officer, his or her spouse, and dependent children, including
all compensated employment of whatever nature, all directorships
or other fiduciary positions for which compensation has or
will be claimed, all capital gains including a description
of the individual sources of such gains, all contractual arrangements
producing or expected to produce income, and all honoraria,
lecture fees and other miscellaneous sources of income including,
but not limited to, interest, dividends, royalties and rents.
Statements filed before July 1 of any year shall disclose
sources of income for the preceding calendar year. Statements
filed after July 1 of any year shall provide this information
for the twelve-month period immediately preceding the filing
date. The amounts of such income received shall be listed
and valued by category in the same manner of assets as set
forth in paragraph c(1) through c(6) above. The amount of
income of (1) the dependent children of a public employee,
or (2) a public officer, his or her spouse and dependent children
need not be disclosed unless specifically requested by the
Governor or the Executive Commission. Sources of income that
are not required to be reported are:
(1) |
cash
gifts in an aggregated amount of less than $100 received
during the preceding twelve months from a person; |
(2) |
non-cash
gifts with an aggregated fair market value of less than
$200 received during the preceding twelve months from
a person; and |
(3) |
gifts
with an aggregated cash or fair market value of less than
$3,000 received during the preceding twelve months from
a relative as defined in section 6 hereof. |
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g. |
A
list of any offices, trusteeships, directorships or positions
of any nature, whether compensated or uncompensated, held by
the public employee or public officer, his or her spouse, and
dependent children with any firm, corporation, association,
partnership or business. If any firm, corporation, association,
partnership or business does business with or is licensed, regulated
or inspected by a State agency or does business with a casino
license holder or applicant, the State agency, casino or applicant
must be identified. |
2. |
Each
statement shall contain a certification by the public employee
or public officer that he or she has read the statement, that
to the best of his or her knowledge and belief it is true, correct
and complete and that he or she has not transferred and will
not transfer any asset, interest or property for the purpose
of concealing it from disclosure while retaining an equitable
interest therein. |
3. |
a. |
Within
60 days from the effective date of this Order, each public employee
and public officer who has not already done so shall file the
signed and notarized statement required herein or other such
authentication as the Executive Commission may require to facilitate
electronic filing with the Executive Commission. In furtherance
of its duties under the Conflicts of Interest Law, N.J.S.A.
52:13D-12 et seq., and pursuant to this Executive Order, the
Executive Commission shall review each statement to determine
its conformity with the provisions of this Order and other applicable
provisions of the law. Upon approving such a statement for filing,
the Commission shall file and maintain a copy of it for public
inspection and copying in accordance with the procedures set
forth in N.J.S.A. 47:1A-1 et seq.; |
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b. |
After
the expiration of the initial 60-day period set forth in subsection
I.3.a., each prospective public employee and public officer
shall satisfy the filing requirements of this Order within 60
days of assuming office or commencing employment, unless the
Executive Commission or its staff grants to such public employee
or public officer an extension from the filing deadline. Such
an extension shall not be granted more than twice and shall
not be for more than 30 days each; |
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c. |
Updated
statements shall be filed on the May 15 next succeeding the
submission of the original statement and each May 15 thereafter
provided, however that public employees and public officers
who file statements on or after January 15, 2002 but prior to
May 15, 2002 need not file an updated statement on May 15, 2002.
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4. |
The
Executive Commission shall keep the approved statements on file
for so long as the person submitting such statements is a public
employee or public officer of this State, and for five years
thereafter. |
5. |
The
Executive Commission shall have the primary responsibility for
assuring the proper administration and implementation of this
Order and shall have the power to perform acts necessary and
convenient to this end, including, but not limited to, preparing
and distributing forms and instructions to be utilized by public
employees and public officers in complying with this Order. |
6. |
Except
as otherwise herein provided, for purposes of this Order: |
|
a. |
"Public
employee" shall mean any person holding any of the following
offices in the Executive Branch of the State Government, together
with any equivalent offices added to such a list by subsequent
written determination of the Governor with notice to the persons
affected:
(1) |
The
Governor; |
(2) |
The
head of each principal department; |
(3) |
The
assistant or deputy heads of each principal department
to include all assistant and deputy commissioners of such
departments; |
(4) |
The
head and the assistant heads of a division of each principal
department, or any person exercising substantially similar
authority for any board or commission which is organized
as in but not of a principal department or any independent
authority; |
(5) |
The
executive or administrative head and assistant heads
of
(i)
|
any
board or commission which is organized in but not
of a principal department or |
(ii)
|
any
independent authority; |
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(6) |
The following
members of the staff of the Office of the Governor:
(a) |
Chief
of Staff; |
(b) |
Chief
of Management and Operations; |
(c) |
Chief
of Policy and Communications; |
(d) |
Chief
Counsel to the Governor; |
(e) |
Director
of Communications; |
(f) |
Policy
Counselor to the Governor; |
(g) |
Any
deputy or principal administrative assistant to any of
the foregoing members of the staff of the Office of the
Governor; |
(7) |
Members
of the State Board of Agriculture; |
(8) |
Members
of the State Board of Education; |
(9) |
Members
of the State Board of Public Utilities; |
(10) |
Members
of the State Parole Board; and |
(11) |
Presidents
of the State Colleges and Universities. |
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b. |
"Public
officer" shall mean: |
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|
(1) |
the members
of the following boards, commissions, independent authorities
and public corporations, together with any other equivalent
offices or bodies and such other offices or bodies added to
such list by subsequent determination of the Governor:
(a) |
Agricultural
Development Committee; |
(b) |
Atlantic
City Convention Center Authority; |
(c) |
Capital
City Redevelopment Corporation; |
(d) |
Casino
Reinvestment Development Authority; |
(e) |
Council
on Affordable Housing; |
(f) |
Education
Facilities Authority; |
(g) |
Election
Law Enforcement Commission; |
(h) |
Hazardous
Waste Facilities Siting Commission; |
(i) |
Health
Care Administration Board; |
(j) |
Health
Care Facilities Financing Authority; |
(k) |
Low-Level
Radioactive Waste Disposal Facility Siting Board; |
(l) |
Merit
System Board; |
(m) |
New
Jersey Building Authority; |
(n) |
New
Jersey Commission on Science and Technology; |
(o) |
New
Jersey Economic Development Authority; |
(p) |
New
Jersey Highway Authority; |
(q) |
New
Jersey Housing and Mortgage Financing Agency; |
(r) |
New
Jersey Meadowlands Commission; |
(s) |
New
Jersey Public Broadcasting Authority; |
(t) |
New
Jersey Racing Commission; |
(u) |
New
Jersey Sports and Exposition Authority; |
(v) |
New
Jersey State Council on the Arts; |
(w) |
New
Jersey Transit Corporation; |
(x) |
New
Jersey Transportation Trust Fund Authority; |
(y) |
New
Jersey Turnpike Authority; |
(z) |
New
Jersey Urban Enterprise Zone Authority; |
(aa) |
North
Jersey District Water Supply Commission; |
(bb) |
Passaic
Valley Sewerage Commission; |
(cc) |
Passaic
Valley Water Commission; |
(dd) |
Pinelands
Commission; |
(ee) |
Public
Employment Relations Commission; |
(ff) |
South
Jersey Food Distribution Authority; |
(gg) |
South
Jersey Port Corporation; |
(hh) |
South
Jersey Transportation Authority; |
(ii) |
State
Athletic Control Board; |
(jj) |
State
Lottery Commission; |
(kk) |
State
Planning Commission; |
(ll) |
Tidelands
Resource Council; |
(mm) |
Urban
Development Corporation; |
(nn) |
Wastewater
Treatment Trust; and |
(oo) |
Water
Supply Authority. |
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(2) |
Individuals
appointed as a New Jersey member to the following agencies:
(a) |
Atlantic
States Marine Fisheries Commission; |
(b) |
The
Delaware River and Bay Authority; |
(c) |
Delaware
River Basin Commission; |
(d) |
Delaware
River Joint Toll Bridge Commission; |
(e) |
Delaware
River Port Authority; |
(f) |
Delaware
Valley Regional Planning Commission; |
(g) |
Interstate
Sanitation Commission; |
(h) |
Northeast
Interstate Low-Level Radioactive Waste Commission; |
(i) |
Palisades
Interstate Park Commission; |
(j) |
Port
Authority of New York and New Jersey; |
(k) |
The
Port Authority Trans Hudson Corporation; and |
(l) |
Waterfront
Commission of New York Harbor. |
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c. |
"Government
instrumentality" shall mean the Legislative, Judicial, and Executive
Branches of State government including any office, department,
division, bureau, board, commission, council, authority or agency
therein and any county, municipality, district, public authority,
public agency or other political subdivision or public body
in the State; |
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d. |
"State
agency" shall mean any of the principal departments in the Executive
Branch of State Government, and any division, board, bureau,
office, commission, or other instrumentality within or created
by such department, and any independent State authority, commission,
instrumentality or agency; |
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e. |
"Relative"
shall mean a son, daughter, grandson, granddaughter, father,
mother, grandfather, grandmother, great-grandfather, great-grandmother,
brother, sister, nephew, niece, uncle or aunt. Relatives by
adoption, half-blood, marriage or remarriage shall be treated
as relatives of the whole kinship. |
7. |
Further,
in order to promote the highest ethical standards and to assure
the fullest attention to the responsibilities of high-government
office, it is appropriate and desirable to place limits on the
outside income of the Governor, Cabinet members and Cabinet-level
appointees (hereinafter "Cabinet-level appointee"). |
8. |
For
purposes of this Section, Cabinet-level appointees shall include:
the Governor, the Adjutant General, the Secretary of Agriculture,
the Attorney General, the Commissioner of Banking and Insurance,
the Secretary and Chief Executive Officer of the Commerce and
Economic Growth Commission, the Commissioner of Community Affairs,
the Commissioner of Corrections, the Commissioner of Education,
the Commissioner of Environmental Protection, the Commissioner
of Health and Senior Services, the Commissioner of Human Services,
the Commissioner of Labor, the Commissioner of Personnel, the
President of the State Board of Public Utilities, the Secretary
of State, the Superintendent of State Police, the Commissioner
of Transportation, the State Treasurer, those members of the
Governor's staff set forth herein in Section I, 6.a.(6)(a) through
(g), and such other positions as the Governor may from time-to-time
direct. |
9. |
No
Cabinet-level appointee shall accept any compensation other
than that paid to him by or reimbursed to the State for the
performance of his official duties, including salary, honoraria,
fees and such other forms of income. Receipt of all other income
that is not connected with the performance of official duties
by a Cabinet-level appointee is banned, except for investment
income from stocks, mutual funds, bonds, bank accounts, notes,
a beneficial interest in a trust; financial compensation received
as a result of prior employment or contractual relationships;
and income from the disposition or rental of real property.
In order to receive such income listed above, a Cabinet-level
appointee must first seek review and approval by the Executive
Commission staff to ensure that the receipt of such income does
not violate the Conflicts of Interest Law or any applicable
code of ethics, and does not undermine the full and diligent
performance of the Cabinet-level appointee's duties. All income
received by Cabinet-level appointees must be disclosed on their
Financial Disclosure Statements. |
II. BLIND TRUSTS
1. |
For
those situations where a blind trust may be utilized by a public
employee or public officer, his or her spouse or dependent children,
and approved by the Executive Commission, such trust shall contain
the following characteristics: |
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a. |
The
trust shall not contain investments or assets in which the holder's
ownership right or interest is required to be recorded in a
public office or those assets whose permanency makes transfer
by the trustee improbable or impractical; these investments
or assets would include, but not be limited to, businesses,
real estate, security interests in personal property and mortgages; |
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b. |
The
trust shall contain a clear statement of its purpose, namely,
to remove from the grantor control and knowledge of investment
of trust assets so that conflicts between grantor's responsibilities
and duties as a public employee or public officer and his or
her private business or financial interests will be eliminated; |
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c. |
The
trust shall be irrevocable, and shall be terminated only upon
the death of the public employee or public officer or upon termination
of his or her status as a public employee or public officer
whichever shall first occur; |
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d. |
The
trustee shall be directed not to disclose to the grantor any
information about any of the assets in the trust; |
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e. |
The trustee
shall be required either to:
(1) |
prepare
and file the grantor's personal income tax returns, withholding
from distribution of the trust's net income amounts sufficient
to pay the grantor's tax; and further to participate in
the audit of the grantor's returns during the period of
the trust with authority to compromise the grantor's tax
liability; or |
(2) |
submit
to the grantor, for income tax purposes, a certification
of income paid without identifying the assets producing
such income; |
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f. |
Among
its other powers, the trustee shall have authority to determine
whether any of the assets originally transferred to the trustee
are to be sold and, if so, when; |
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g. |
A
provision shall be included in the trust agreement prohibiting
the trustee from investing the trust property in corporations
or businesses which do a significant amount of business with
the State of New Jersey or from knowingly making any investment
in a corporation, business or venture over which the grantor
has regulatory or supervisory authority by virtue of his or
her official position; |
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h. |
The
grantor shall retain no control over the trustee nor shall he
or she be permitted to make any recommendations or suggestions
as to the trust property; |
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i. |
The
trustee shall be a commercial trustee and not a natural person; |
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j. |
The
principal benefit to be retained by the grantor shall be the
right to receive income from the assets transferred to the trust; |
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k. |
The
trust shall not become effective until submitted and approved
by the Executive Commission; and |
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l. |
The
trust agreement shall provide the trustee will give the Executive
Commission access to any records or information related to the
trust which is necessary for the performance of the Commission's
duties. |
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2. |
A
copy of the executed blind trust agreement shall be filed with
the Executive Commission and with the head of the department
in which the regular State employee holds his or her position.
Attached to such copy shall be a brief statement outlining the
business or financial interests from which the regular State
employee seeks to remove himself or herself and the actual or
potential conflicts of interest, or appearance of such conflicts,
which he or she seeks to avoid by use of the trust agreement.
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III. INTERESTS IN CLOSELY-HELD CORPORATIONS OR SIMILAR ENTITIES
1. |
No
regular State employee who is required by law or Executive Order
to submit a Financial Disclosure Statement to the Executive
Commission shall be permitted to retain any interest in any
closely-held corporation, partnership, sole proprietorship,
or similar business entity doing business with any federal,
State, interstate or local government entity, except as provided
in subsection 3 below. |
|
a. |
Any
such regular State employee who is employed as of the date of
this Executive Order, and who retains any interest in any closely-held
corporation, partnership, sole proprietorship, or similar business
entity doing business with any federal, State, interstate or
local government entity, shall notify the Executive Commission
as to his or her interest, and his or her spouse's interest,
in such a business entity within 120 days of the effective date
of this Order. The Executive Commission shall review this disclosure
statement to determine whether the business entities in which
the employee has an interest are engaged in government-related
business within the meaning of this Executive Order, and whether
the holdings are in compliance with the Conflicts of Interest
Law, N.J.S.A. 52:13D-12 et. seq. and this Executive Order. No
later than 120 days from the Executive Commission's receipt
of the Financial Disclosure Statement, the Executive Commission
shall notify the employee of its findings. The employee shall
be afforded 120 days after the date of notification to effectuate
the orderly disposition of any asset, except as may be further
extended by the Executive Commission or to demonstrate to the
Executive Commission that the business entity has ceased to
do business with a government entity in a manner prohibited
by this Executive Order. |
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b. |
After
the issuance of this Executive Order, no State agency shall
employ any person in a covered position who at the time of employment
holds any interest in any closely held corporation, partnership,
sole proprietorship or similar business entity doing business
with any federal, State, interstate or local government entity,
except as provided in subsection 3 below. No individual seeking
employment in such a position shall divest a covered asset in
a manner otherwise prohibited by this Executive Order for the
purpose of satisfying the provisions of this Executive Order.
Furthermore, no employee shall obtain any prohibited interest
in a business entity during the employee's tenure. |
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c. |
The
provisions of subsections III A1 and III A2 shall not apply
to any purchase, sale, contract or agreement with any government
entity other than a State agency, which is made or awarded after
public notice and competitive bidding as provided by the Local
Government Contracts Law, N.J.S.A. 40A:11-1 et. seq., or such
similar provisions contained in the public bidding laws or regulations
applicable to any government entity in this State or any other
jurisdiction, provided that any such purchase, sale, contract
or agreement, including a change in orders and amendments thereto,
shall receive the prior approval of the Executive Commission.
The provisions of subsections III A1 and III A2 do apply where
the purchase, sale, contract or agreement is authorized by any
of the exceptions (e.g., professional or technical services,
emergent matters, and unique compatibility) provided by the
Local Government Contracts Law, N.J.S.A. 40A:11-1 et. seq.,
or such similar provisions contained in the public bidding laws
or regulations of any other jurisdiction. |
2. |
No
regular State employee or special State officer who is required
by law or Executive Order to submit Financial Disclosure Statements
to the Executive Commission shall be permitted to retain any
interest in any closely-held corporation, partnership, sole
proprietorship, or similar business entity unless the Executive
Commission shall have first determined that the employee or
officer may retain such an interest in such business entity. |
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a. |
Each
regular State employee or special State officer employed or
appointed as of the date of this Executive Order shall notify
the Executive Commission as to his or her interest, and his
or her spouse's interest, in any such business entity within
120 days of the effective date of this Order. The Executive
Commission shall review the disclosure statement and shall determine
whether the employee or officer may retain such interest in
the business entity consistent with the standards set forth
in the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et. seq.,
and this Executive Order. The Executive Commission shall notify
the State employee or officer of its findings no later than
120 days from the Executive Commission's receipt of the Financial
Disclosure Statement. The employee or officer shall be afforded
120 days after the date of notification to effectuate the orderly
disposition of any asset or to demonstrate that the business
entity has ceased the business activity in question. |
|
b. |
After
the issuance of this Executive Order, no State agency shall
employ or appoint any regular State employee or special State
officer to a covered position if such person holds any interest
in any closely-held corporation, partnership, sole proprietorship
or similar business entity, unless the Executive Commission
has reviewed such interest and determined that the employee
or officer may retain such an interest. A person seeking such
employment or appointment shall disclose to the Executive Commission
his or her interest, and his or her spouse's interest, in any
such business entity as soon as practicable, and the Executive
Commission shall render a determination no later than 30 days
after receiving such a disclosure, or at its next regularly
scheduled meeting. No individual seeking employment or appointment
to such a position shall divest a covered asset in a manner
otherwise prohibited by this Executive Order for the purpose
of satisfying the provisions of the Executive Order. |
3. |
The
Executive Commission shall review all financial disclosure statements
as they may from time to time be submitted by regular State
employees and special State officers to determine whether the
covered persons have obtained ownership or interest in any assets
that give rise to a present or potential conflict of interest,
or present or potential appearance of conflict of interest,
within the meaning of this Executive Order. |
4. |
Each
regular State employee or special State officer shall amend
his or her financial disclosure statement within 30 days of
gaining knowledge of (a) his or her, or his or her spouse's
acquisition of any interest in any closely-held corporation,
partnership, sole proprietorship or similar business entity;
or (b) the commencement of any business activity covered by
the provisions of this Executive Order and as determined by
the Executive Commission, including, for example, a change in
business plan authorizing business activity with a federal,
State, interstate or local government entity, by a business
in which the officer or employee or the employee's or officer's
spouse has an interest covered by this Executive Order. |
5. |
Any
regular State employee or special State officer subject to this
Executive Order who acquires an interest prohibited under this
Executive Order by way of inheritance, bequest or similar circumstances
beyond his or her control shall follow the procedures for disclosure
and disposition set forth in Section III A and Section III B
of this Executive Order. |
6. |
All
required divestitures shall be subject to the following conditions: |
|
a. |
Divestiture
must occur within the time periods prescribed above, unless
otherwise extended by the Executive Commission. |
|
b. |
Ownership
or control of the asset may not be transferred to a member of
the regular State employee's or special State officer's immediate
family. |
|
c. |
The
terms and conditions of any conveyance of ownership and control
of the asset shall not contain any provision regarding the return
of the asset to the regular State employee or special State
officer subsequent to his or her State service. |
7. |
For
the purpose of Section II and Section III of this Order: |
|
a. |
"Member
of the immediate family" shall mean a spouse, child, parent
or sibling residing in the same household. |
|
b. |
"Asset"
shall mean property of any kind, real and personal, tangible
and intangible, having a value greater than $1,000. |
|
c. |
"Interest"
in a closely-held corporation, partnership, sole proprietorship
or similar business entity shall mean any ownership or control
of any profits or assets of such a business entity. |
|
d. |
"Doing
business" with any federal, State or local government entity
shall mean business or commercial transactions involving the
sale, conveyance or rental of any goods or services, and shall
not include such activities as compliance with regulatory procedures. |
|
e. |
"Regular
State employee" shall have the same meaning as "State officer
or employee" as set forth at N.J.S.A. 52:13D-13b, and "special
State officer" shall have the same meaning as "Special State
officer or employee" as set forth at N.J.S.A. 52:13D-13e. |
|
f. |
"State
agency" shall mean any of the principal departments of State
government and any entity allocated therein in conformance with
N.J. Const. (1947), Art. V, Sec. IV para. 1. |
IV. CODES OF ETHICS REVIEW
1. |
In
order to ensure that Codes of Ethics adopted pursuant to N.J.S.A.
52:13D-23 fully conform to the most exacting ethical principles,
each department, agency, board, bureau, commission, division
or other instrumentality within a department of State government
is hereby directed to undertake an immediate comprehensive review
and thorough examination of their codes of ethics to ensure
the strictest conformance with the Conflicts of Interest Law
and this Executive Order and to report the findings of that
review and to submit any revised codes of ethics to the Executive
Commission within 120 days of this Order. |
2. |
Thereafter,
the staff of the Executive Commission shall require that newly-appointed
officers and employees who are covered by this Executive Order
attend a training session designed to educate them regarding
the requirements of the Conflicts of Interest Law, any applicable
code of ethics and this Executive Order. The Executive Commission
staff shall also offer an annual training session to all officers
and employees who are covered by this Executive Order. |
3. |
Every
State department, board, commission, authority, agency and instrumentality
shall appoint an individual to serve as an ethics liaison officer.
The Executive Commission staff shall hold quarterly meetings
with all ethics liaison officers to ensure that the requirements
of the Conflict of Interest Law and this Executive Order are
being understood and followed. |
V. SANCTIONS
1. |
The failure of any regular or special State employee or officer
covered by this Executive Order to comply with the provisions
of this Executive Order shall constitute good cause for his
or her removal from employment or office. |
VI. RECISSION
1. |
Executive
Order No. 2 of Governor Christine Todd Whitman and any subsequent
Executive Orders issued in conjunction therewith are hereby
rescinded, and any regulations adopted and promulgated thereunder
are hereby declared null and void. |
VII. EFFECTIVE DATE
1. |
This
Executive Order shall take effect immediately. |
|
GIVEN,
under my hand and seal, this 28th day of February, in the
Year of Our Lord, Two Thousand and Two and of the United States,
the Two Hundred and Twenty-Sixth.
/s/
James E. McGreevey
GOVERNOR
|
[seal]
Attest:
/s/ Paul A.
Levinsohn
Chief Counsel
to the Governor
|