WHEREAS, the State
is confronting a severe fiscal crisis caused by a pattern of profligate
spending and irresponsible borrowing practices;
WHEREAS, these fiscal
practices have been exacerbated by increasing statutory spending obligations
and declining tax revenues;
WHEREAS, the State
has heretofore failed, even in the face of mounting evidence that the
State would confront tremendous and debilitating budget deficits in Fiscal
Years 2003 and 2004, to implement timely remedial actions such as implementing
significant budget freezes, cutting costs and ending unnecessary discretionary
spending.
WHEREAS, the denial
of the magnitude of the fiscal problems confronting the State and the
consequent failure to take sufficient and timely corrective actions have
placed the State in fiscal jeopardy, causing the leading rating agencies
to downgrade New Jersey's creditworthiness;
WHEREAS, the unprecedented
scope of the fiscal dilemma has impaired and will impair the ability of
the State to provide necessary programs to its citizens;
WHEREAS, as Governor,
I have a responsibility to ensure a balanced budget, manage the operations
of State Government effectively and efficiently, and maintain necessary
government programs and assistance to the public;
WHEREAS, N.J. Const.
(1947), Art. VIII, §II, ¶2, requires that State government expenditures
do not exceed available State revenues;
WHEREAS, N.J.S.A.
52:27B-31 and -26 empower the Governor to prohibit the expenditures of
existing or future appropriations, and to set aside necessary reserve
funds, if necessary to avoid a budget deficit and to guard against extravagance,
waste or fiscal mismanagement in the administration of any State appropriations;
and
WHEREAS, the looming
prospect of a projected $2.4 Billion budget deficit in Fiscal Year 2003,
and a projected $5 Billion budget deficit in Fiscal Year 2004 requires
swift corrective action predicated on a thorough understanding of the
depth and scope of the State's fiscal circumstances;
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 statutes of this State,
do hereby ORDER and DIRECT:
-
There is hereby
created a Budget Efficiency Savings Team Commission ("BEST"
Commission).
-
The BEST Commission
shall be composed of 30 members appointed by the Governor. The members
of the Commission shall be selected from among individuals with substantial
experience in the fields of business and finance. The chair shall
be selected by the Governor, and the State Treasurer shall serve as
an ex officio member of the Commission.
-
The BEST Commission
shall immediately undertake a complete comprehensive and thorough
examination of all aspects of the State's spending practices to identify
areas of waste, mismanagement, abuse, and unnecessary spending. It
shall also develop recommendations to the Governor with respect to
innovative solutions and corrective actions that may be taken. For
the purposes of this Executive Order, the State shall mean and include
its independent commissions, boards and authorities.
-
The BEST Commission
shall examine any area of spending or fiscal practice it deems appropriate,
and its examination shall include but, not be limited to the following
areas:
-
Spending
practices of the State;
-
Borrowing
and refinancing practices of the State;
-
Employment
practices of the State;
-
An assessment
of overlapping, duplicative or unnecessary programs;
-
Existing
or proposed capital projects;
-
The potential
for sales of surplus State property;
-
An examination
of whether direct State administrative obligations can be reduced
or appropriately assigned to any specialized projects or programs
they support;
-
Existing
or prospective lease obligations; and
-
The BEST Commission
shall report periodically to the Governor, commencing no later than
February 15, 2002, and provide him with recommendations as to how
to reduce or eliminate wasteful, duplicative or unnecessary spending
and as to those otherwise worthwhile programs supported by appropriations
that may need to be deferred in whole or in part to achieve necessary
savings. Upon completion of its work, the Commission will render a
final report of its findings as it deems appropriate.
-
The BEST Commission
recommendations shall further be designed to assist in the preparation
of the State Budgets for Fiscal Years 2003 and later years, and to
establish any factual or public policy foundation to support the issuance
of any additional Executive Orders that may be required pursuant to
N.J.S.A. 52:27B-31 and -26 to reduce or enjoin State government spending
or future expenditures, or to provide for necessary reserve funds,
to ensure a balanced budget and the delivery of critical State programs
and assistance.
-
This Executive
Order shall take effect immediately.
GIVEN, under
my hand and sent this
17th day of January
in the Year of Our Lord, Two
Thousand and Two, and of the
Independence of the United
States, the Two Hundred and
Twenty-sixth.
/s/James E. McGreevey
Governor
Attest:
/s/ Paul A. Levinsohn
Chief Counsel to the Governor