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Rescinded
by Executive Order #2 (Whitman).
WHEREAS, since
1974 the New Jersey Executive Commission on Ethical Standards has
had definitive rules for the establishment of blind trusts by State
officers and employees; and
WHEREAS, Executive
Order No. 1 (January 18, 1990) and Executive Order No. 9 (April
18, 1990) established strict financial disclosure requirements for
public officers and employees of the Sexy真人y; and
WHEREAS, there
is a need to continually evaluate existing standards in order to
make them more responsive to the citizens we represent; and
WHEREAS, the
highest possible level of disclosure is necessary in order to maintain
the public's faith that their government is acting in the best interest
of the citizenry; and
WHEREAS, such
disclosure should allow the public to have knowledge of the assets
and holdings of public officers and employees; and
WHEREAS, ownership
in any closely held corporation that does business with government
entities can raise the appearance of a potential conflict of interest;
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,
do hereby ORDER and DIRECT:
I. Trusts
A. Blind
trusts shall be eliminated in favor of full disclosure of assets
by any regular State officer or employee (hereinafter "employee")
or any special State officer or employee (hereinafter "officer"),
see "Definitions," section V, infra, who is required by law
or executive order to submit a financial disclosure statement
to the Executive Commission on Ethical Standards.
B. After
the date of this Order, no employee or officer who is required
by law or executive order to submit financial disclosure statements
to the Executive Commission on Ethical Standards ("Commission")
shall maintain a blind trust. Furthermore, no such employee
or officer shall establish a blind trust during that person's
tenure.
C. The
Commission shall immediately commence the process of terminating
blind trusts held by any such employee or officer who is employed
as of the date of this Order.
D. Any
covered employee or officer who is employed as of the date of
this Order shall forthwith notify the Commission as to the existence
of a blind trust and the identity and address of the trustee.
No later than June 30, 1993, the trustee shall advise the Commission
of any and all assets held in such trust. The Commission shall
review the assets and shall determine whether any such assets
must be divested, consistent with the standards set forth in
this Order. The Commission shall notify the trustee of its findings
no later than August 15, 1993. The Commission shall afford the
trustee 120 days after the date of notification to effectuate
the orderly disposition of any such asset.
II. Interests
in Closely Held Corporations or Similar Entities
A. No
employee of a State agency who is required by law or executive
order to submit financial disclosure statements to the 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.
1. Any
such employee who is employed as of the date of this 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 Commission as to his or
her interest, and his or her spouse's interest, in such a
business entity no later than June 30, 1993. The 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 Order, and whether the holdings are in compliance
with the Conflicts of Interest Law and this Order. No later
than August 15, 1993, the 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, or to demonstrate to the Commission that the
business entity has ceased to do business with a government
entity in a manner prohibited by this Order.
2. After
the issuance of this 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 Order for the purpose
of satisfying the provisions of this Order. Furthermore, no
covered employee shall obtain any prohibited interest in a
business entity during the employee's tenure.
3. The
provisions of this subsection 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, contract, agreement,
or sale, including a change in orders and amendments thereto,
shall receive the prior approval of the Commission. The provisions
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.
B. No
employee or officer who is required by law or executive order
to submit a financial disclosure statement to the Commission
shall retain any interest in any closely held corporation, partnership,
sole proprietorship, or similar business entity unless the Commission
shall have first determined that the employee or officer may
retain such an interest in such business entity.
1. Each
covered employee or officer who is employed or appointed as
of the date of this Order shall notify the Commission as to
his or her interest, and his or her spouse's interest, in
any such business entity no later than June 30, 1993. The
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 and this Order.
The Commission shall notify the employee or officer of its
findings no later than August 15, 1993. 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.
2. After
the issuance of this Order, no State agency shall employ or
appoint any employee or 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 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 Commission his or her interest, and his or her spouse's
interest, in any such business entity as soon as practicable,
and the Commission shall render a determination no later than
thirty days after receiving such 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 Order for the purpose
of satisfying the provisions of this Order.
III. Ongoing
Review by the Commission
A. The
Commission shall review all financial disclosure statements
as they may from time to time be submitted by covered employees
and 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 a present or potential
appearance of a conflict of interest, within the meaning of
this Order.
B. Each
covered employee or officer shall amend his or her financial
disclosure statement within thirty 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 Order
and as determined by the 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 employee or the employee's spouse has
an interest covered by this Order.
C. Any
employee or officer subject to this Order who acquires an interest
prohibited under this Order by way of inheritance, bequest,
or similar circumstance beyond his or her control shall follow
the procedures for disclosure and disposition set forth in Section
II of this Order.
IV. Limitations
on Divestiture
A. All
required divestitures shall be subject to the following conditions:
1. Divestiture
must occur within the time periods prescribed above.
2. Ownership
or control of the asset may not be transferred to a member
of the employee's or officer's immediate family (see "Definitions,"
section V, infra).
3. The
terms and conditions of any conveyance of ownership and control
of the asset shall not contain any provisions regarding the
return of the asset to the employee or officer subsequent
to his or her State service.
V. Definitions
A. For
the purpose of this Order:
1. "Member
of the immediate family" shall mean a spouse, child, parent,
or sibling residing in the same household.
2. "Asset"
shall mean property of any kind, real and personal, tangible
and intangible, having a value greater than $1,000.
3. "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 business entity.
4. "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.
5. "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.
6. "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, 軮V, para. 1.
VI. Sanctions
and Effective Date
A. The
failure of an employee or officer to comply with the provisions
of this Order shall constitute good cause for his or her removal
from employment or office.
B. This
Order shall take effect immediately.
GIVEN,
under my hand and seal this
day of in the Year of Our Lord, One
Thousand Nine Hundred and Ninety
Three, and of the Independence of the
United States, the Two Hundred and
Seventeenth.
/s/
Jim Florio
Governor
Attest:
/s/ M. Robert
DeCotiis
Chief Counsel to the Governor
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