New Jersey § 52:13d-21

§ 52:13d-21.

(a) The Executive Commission on Ethical Standards created pursuant to P.L.1967, c.

229, 1 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) 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; and four public members appointed by the Governor, not more than two of whom shall be of the same political party. 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. 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. 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. 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. (c) Each member of the commission 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. 1

N.J.S.A. §§ 52:13D-1 to 52:13D-11, repealed.