Codey Signs Ethics Reform Legislation
Implements the Recommendations of the Ethics Review and Compliance Counsel
(TRENTON) – Governor Richard J. Codey today signed Bill S2335 that creates a new, more independent ethics commission. The new commission will have a majority of public members for the first time. This legislation implements the recommendations of the Governor’s Special Counsel for Ethics Review and Compliance.
“The ethics commission will now have the independence and muscle it needs to enforce our ethics laws and impose stiff penalties on anyone who fails to comply,” Codey said. “These changes will help keep government accountable, a goal that I will continue to strive for even after I have left the governor’s office.”
This act takes effect in 60 days, except for the change in membership of the commission, which takes effect Jan. 17, 2006.
It creates several new reforms and improves ethics enforcement and training in four key areas:
New, More Independent State Ethics Commission
· A new “State Ethics Commission” would be created to replace the Executive Commission on Ethical Standards.
· The new commission would have seven members appointed by the Governor – four public members and three members from state government.
· The public members would serve staggered terms to further ensure independence.
· No more than two of the four public members could be of the same political party.
· One of the public members would chair the commission.
· The bill would supersede the law that is scheduled to take effect in 2006 so that the new commission would be created this year (60 days after enactment).
Mandatory Ethics Training
· A full-time training officer would be responsible for creating, coordinating, and refining all ethics training programs.
· All employeeswould be required to receive mandatory annual briefings on ethics and standards of conduct.
· The commission director will meet with cabinet members individually, and as a group annually, for an ethics briefing.
Ensuring Compliance
· A full-time Ethics Compliance Officer would be responsible for monitoring ethics compliance.
· Systematic compliance audits of all state agencies would be required to ensure that ethics codes are distributed, certifications are signed, and all reporting is properly implemented and overseen.
· Requires an investigation of a violation committed during service to be commenced within two years of termination of service.
· Financial disclosure statements will be made public on the commission’s Web site.
· A toll-free hotline will be established for comments, complaints and questions.
Greater Powers to Enforce the Ethics Laws
For the first time, the Commission would have the authority to:
· Impose fines of up to $10,000 for those who leave government and then violate post-employment restrictions in the ethics laws;
· Order violators to pay restitution;
· Demote, censure, or reprimand violators; and
· Impose a fine of $50 per day for failure to file financial disclosure statements.
Expansion of Current Regulations
- Gives new commission power to penalize executive branch employees who violate
anti-nepotism laws.
· Prohibits executive branch employees from accepting any gifts from governmental affairs agents.
Since becoming governor, Codey has pushed an aggressive ethics reform agenda. He appointed New Jersey’s first Inspector General, restored the Office of the Public Advocate, and established a Special Counsel for Ethics Review and Compliance.
Codey signed bills freezing the limits for campaign contributions to state and county political organizations and to leadership political action committees at their current levels and prohibiting campaign contributions by business entities seeking or holding state contracts in certain circumstances. Last week, Codey signed legislation allowing local governments to enact stronger pay-to-play bans.
