Skip to main navigation
Governor Chris Christie • Lt Governor Kim Guadagno
The Official Web Site For The State of New Jersey
 
Search
Global Navigation NJHome Services A to Z Departments/ Agencies FAQs
Skip to main navigation

State of New Jersey
Executive Order #1

Governor James J. Florio

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 Rescinded by Executive Order #2 (Whitman).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 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. 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

Contact Us | Privacy Notice | Legal Statement & Disclaimers | Accessibility Statement
NJHome
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright © State of New Jersey, 1996-2010
This site is maintained by the New Jersey Office of Information Technology