WHEREAS, Executive Order No. 33 (2002) organized OCT as a separate Office within the Department of Law and Public Safety, with all of the powers conferred by law to the Department of Law and Public Safety, subject to approval by the Attorney General; and

WHEREAS, Executive Order No. 33 (2002) directed that the OCT shall be led by a Director of Counter-Terrorism, who shall direct and supervise the work of the OCT, and who shall report directly to the Attorney General and, at the direction of the Governor, to the Governor, as appropriate; and

WHEREAS, in order to protect the public from terrorist acts, Executive Order No. 33 (2002) directed OCT to gather and disseminate intelligence for State and local law enforcement entities and to coordinate the counter-terrorism efforts of those entities, under the direction of the Attorney General, and to serve as a liaison with federal authorities concerning counter-terrorism issues; and

WHEREAS, in order to optimize the State's intelligence gathering and analysis capabilities regarding terrorist activities, Executive Order No. 33 (2002) directed OCT to develop and maintain a databank of information regarding terrorist and terrorist-related activities; and

WHEREAS, legislation has been introduced which would establish OCT in, but not of, the Department of Law and Public Safety, and which would mandate that the Director of OCT report to the Attorney General only on matters relating to the enforcement and prosecution of criminal business in the State and would require the Director of OCT to report to the Governor on all matters relating to Homeland Security; and

WHEREAS, recent events have demonstrated that the current organizational structure whereby OCT relies upon the Department of Law and Public Safety and the Division of State Police for personnel and budgetary assistance may be adversely affecting the important work of OCT and may be contrary to the public interest;

NOW, THEREFORE, I, RICHARD J. CODEY, Acting Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. The Division of State Police is hereby directed to assign 10 Division members to work directly with the Office of Counter-Terrorism until further Order of the Governor.

2. The Department of Treasury is hereby directed to assume responsibility for all budgetary matters involving the Office of Counter-Terrorism.

3. The Department of Personnel is hereby directed to assume responsibility for the processing of all personnel matters involving the Office of Counter-Terrorism.

4. The Office of Counter-Terrorism is hereby authorized to hire up to 15 investigators or other necessary personnel to enable the Office to perform its critical responsibilities.

5. The Department of Law and Public Safety and the Division of State Police are hereby directed to cooperate with the Office of Counter-Terrorism, the Department of Treasury and the Department of Personnel in effectuating the provisions of this Order, including making available all funding appropriated to or available for the use of OCT.

6. The Director of OCT shall provide the Governor and the Attorney General with a monthly report detailing the status of pending investigations and other important activities of the Office. This report shall be deemed to be confidential, non-public and not subject to the Open Public Records Act, P.L. 1963, c.73, as amended and supplemented.

7. Mindful of their paramount responsibility to ensure the safety of the citizens of New Jersey, the Department of Law and Public Safety, the Division of State Police and the Office of Counter-Terrorism shall ensure that all necessary and appropriate information concerning terrorist threats and activities is shared with each other and with all appropriate federal, State and local law enforcement authorities.

8. This Order shall take effect immediately.

GIVEN, under my hand and seal this day
of in the Year of Our Lord, Two Thousand
and Five, and of the Independence of the United
States, the Two Hundred and Thirtieth.

Richard J. Codey

Acting Governor

Attest: