This executive
order has been amended by Executive Order #9
(Florio). Rescinded by Executive Order #2 (Whitman).
WHEREAS, in
our representative form of government, it is essential that the
conduct of public officials shall hold 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, the
New Jersey Conflicts of Interest Law prohibits a State officer or
employee from having any interest engaging in any activity that
is substantial conflict with the proper discharge of his duties
in the public interest or from undertaking any employment or service
which might reasonably be expected to impair his objectivity or
independence of judgement; and
WHEREAS, the
New Jersey Conflicts of Interest Law prohibits a State officer or
employee from acting in his official capacity in any matter where
he has a direct or indirect personal financial interest that might
reasonably be expected to impair his objectivity or independence
of judgment; and
WHEREAS, it
is the duty of government officials to earn the trust and confidence
of the people by avoiding even the appearance of impropriety; and
WHEREAS, the
disclosure of personal interest of public officials will serve to
restore the public's faith and confidence in its government representatives
and will guard against conduct violative of the public trust;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1. Every
public employee and public officer as such terms are defined in
Section 7 hereof shall file a sworn and duly notarized statement
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 officer; b. Any occupation,
trade, business or profession engaged in by the public officer,
his or her spouse, and dependent children that is subject to
licensing or regulation by a State agency; c. A list of all
assets having a value of more that $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 or government agency issuing them; except
that whenever such interest exists through ownership in a mutual
fund or holding company, the 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 so held. Where more than 10 percent of the stock of
a 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, including municipality
and block and lot number, 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:
(i) greater
than $1,000, but not more than $5,000; (ii) greater than $5,000,
but not more than $25,000; (iii) greater than $25,000, but not
more than $50,000; (iv) greater than $50,000, but not more than
$100,000; (v) greater than $100,000, but not more than $250,000;
(vi) greater than $250,000;
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 on Ethical Standards.
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 c above, except
liabilities which are:
(1) Less
than $10,000 and owed to a relative as defined in section 7
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;
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 liability was owed shall be stated;
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 honorariums, lecture fees and other
miscellaneous sources of income including, but not limited to
interest, dividends, royalties and rents. The statement shall
disclose sources of income for the twelve-month period immediately
preceding the filing date of the statement. Amounts of income
shall be disclosed by a public employee and his or her spouse
for the calendar year immediately preceding the filing date
provided, that is, the filing occurs after July 1, of any year,
the amount of income disclosed shall be accurate through 30
days 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(i) through (vi) above. The
amount of income of (1) the dependent children of a public employee,
or (2) of a public officer, his or her spouse and dependent
children need not be disclosed unless specifically requested
by the Governor or the Executive Commission on Ethical Standards.
Not required to be reported as a source of income are:
(1) Cash
gifts in an aggregated amount of less that $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;
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 an firm, corporation, association, partnership
or business that either does business with or is licensed, regulated
or inspected by a State agency.
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 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
ninety 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 with the
Office of the Governor and two (2) copies bearing an original
signature with the Executive Commission on Ethical Standards.
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 on Ethical Standards shall review each
statement to determine its conformity with the provisions of this
Order and other applicable provisions of the law. Upon approving
such 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.;
b. Each
prospective public employee and public officer shall, before
assuming the office to which he or she has been appointed, satisfy
the filing requirements of this Order, unless the Attorney General
grants to such office an extension from the filing deadline.
Such an extension shall not be granted more than twice and shall
not be of more than thirty days each;
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 16, 1990 but prior to
May 14, 1990 need not file an updated statement on May 15, 1990
so long as the person who submitted such statement is a public
employee or public officer of this State as defined in Section
7 of this Order.
4. The Executive
Commission on Ethical Standards shall keep the approved statements
on file for so long as the person submitting such statement is
a public employee or public officer of this State, and for five
years thereafter.
5. The Executive
Commission on Ethical Standards shall have the primary responsibility
for assuring the proper administration and implementation of this
Order and shall have the power to perform the 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. The willful
failure of a public officer to comply with this Order shall constitute
cause for his or her removal from office by those having the power
of removal.
7. For the
purpose of this Order:
a. "Public
employee" shall mean any person holding any of the following
offices in the Executive Branch of State government, together
with any offices added to such list by subsequent gubernatorial
executive order:
(1) The
Governor; (2) The head of a principal department; (3) The assistant
or deputy heads of a principal department to include all assistant
and deputy commissioners of such departments; (4) The head and
assistant heads of a division of a 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 of (i) any board or commission which is
organized as in but not of a principal department or (ii) any
independent authority; (6) The following members of the staff
of the Office of the Governor:
(i) Chief
of Staff; (ii) Director, Office of Management and Planning;
(iii) Legislative Counsel; (iv) Chief Policy Advisor; (v) Director
of Communications; (vi) Press Secretary; (vii) Counsel to the
Governor; (viii) Executive Assistant to the Governor and any
deputy or principal administrative assistant to any of the foregoing;
b. "Public
officer" shall mean the members of the following boards, commissions
or independent authorities, together with any offices or bodies
added to such list by subsequent gubernatorial executive order:
(1) Atlantic
City Convention Center Authority; (2) New Jersey Building Authority;
(3) Capital City Redevelopment Corporation; (4) Casino Reinvestment
Development Authority; (5) New Jersey Economic Development Authority;
(6) New Jersey Expressway Authority; (7) New Jersey Highway
Authority; (8) New Jersey Transportation Trust Fund Authority;
(9) New Jersey Turnpike Authority; (10) North Jersey District
Water Supply Commission; (11) Passaic Valley Sewerage Commission;
(12) Passaic Valley Water Commission; (13) New Jersey Public
Broadcasting Authority; (14) Rahway Valley Sewerage Authority;
(15) South Jersey Port Corporation; (16) New Jersey Sports and
Exposition Authority; (17) Casino Control Commission; (18) Pinelands
Commission; (19) Hackensack Meadowlands Development Commission;
(ii) individuals
appointed as a New Jersey member to the following interstate
agencies:
(1) Atlantic
States Marine Fisheries Commission; (2) The Delaware River and
Bay Authority; (3) Delaware River Basin Commission; (4) Delaware
River Joint Toll Bridge Commission; (5) Delaware River Port
Authority; (6) Delaware Valley Regional Planning Commission;
(7) Education Commission of the States; (8) Interstate Sanitation
Commission; (9) Northeast Interstate Low Level Radioactive Waste
Commission; (10) Palisades Interstate park Commission; (11)
Port Authority of New York and New Jersey; (12) The Port Authority
Trans Hudson Corporation; (13) South Jersey Port Corporation;
(14) Waterfront Commission of New York Harbor;
(iii)
together with any offices or bodies added to such lists by subsequent
gubernatorial Executive Order;
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;
d. "State
agency" shall mean any of the principal departments in the Executive
Branch of State government, and division, board, bureau, office,
commission or other instrumentality within or created by such
department, and any independent State authority, commission,
instrumentality or agency;
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 re-marriage shall be treated
as relatives of the whole kinship.
8. Executive
Order No. 2 of Governor Thomas H. Kean and any subsequent executive
orders issued in conjunction therewith are rescinded, and any
regulations adopted and promulgated thereunder shall be null and
void.
9. This
Order shall take effect immediately.
GIVEN,
under my hand and seal,
this 18th day of January in the Year
of Our Lord, one thousand nine
hundred ninety, and of the Independence
of the United States, the two hundred
and fourteenth.
/s/
James J. Florio
GOVERNOR
Attest:
/s/ John A.
Sweeney
Counsel to the Governor
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