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State of New Jersey
Executive Order #3

Governor James E. McGreevey

WHEREAS, the Legislature has found and declared in P.L. 2001 c.246 that domestic preparedness is essential to preventing and responding to the threat of terrorist attack; and

WHEREAS, the World Trade Center and Pentagon attacks and other significant events, both domestic and foreign, have emphasized the State's compelling interest in developing and maintaining a precisely coordinated counter-terrorism and preparedness effort to enhance the public safety; and

WHEREAS, a uniform and cooperative Statewide response is required to effectively ensure domestic preparedness; and

WHEREAS, the effectiveness of law enforcement's counter-terrorism efforts will depend to a large degree on its regular compilation of intelligence information regarding terrorism activities; and

WHEREAS, a centralized office to coordinate the State's counter-terrorism and preparedness efforts is essential to provide for the public's safety and welfare;

NOW, THEREFORE, I, James E. McGreevey, 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 that:

  1. The Office of Counter-Terrorism (OCT) is created and empowered to administer, coordinate and lead New Jersey's counter-terrorism and preparedness efforts with the goals of identifying, deterring and detecting terrorist-related activities, consistent with the New Jersey Domestic Security Preparedness Act.

  2. To ensure the effective deployment of criminal law enforcement resources and the appropriate use of law enforcement powers to counter the threat of terrorism, the OCT shall be organized as a separate office within the Department of Law and Public Safety, with all of the powers conferred by law to the Department, including the powers conferred by the Criminal Justice Act of 1970, P.L. 1970 c.74, as amended by P.L. 1981 c.1987, in addition to the powers and duties set forth below.

  3. The OCT shall be led by an Assistant Attorney General for Counter-Terrorism, who will direct and supervise the work of the OCT, and who shall report directly to the Attorney General or his designee, and to the Governor or his designee, as appropriate.

  4. The Assistant Attorney General for Counter-Terrorism and the OCT shall, with the approval of the Attorney General, and in consultation with the Department of Personnel and the Director of the Office of Management and Budget, utilize and employ all such personnel as are necessary to carry out the duties of OCT.

  5. In regard to counter-terrorism activities, in order to secure the benefits of a uniform and efficient enforcement of the law and to protect the public safety, the Assistant Attorney General for Counter-Terrorism, through the OCT, shall coordinate the efforts of State and local law enforcement on behalf of the Attorney General, and shall serve as a liaison with federal authorities concerning counter-terrorism issues.

  6. The OCT shall be authorized to call upon the expertise and assistance of all State departments, divisions and agencies in order to carry out its mission, and in particular, shall be authorized to call upon personnel of the Office of Information Technology in but not of the Department of the Treasury, the Computer and Technology Crimes and Money Laundering Units of the Division of Criminal Justice, and the High Tech Crime Unit within the Division of State Police for this purpose. Each department, division and agency of this State is hereby required, to the extent not inconsistent with law, to cooperate with the Attorney General and provide such assistance to the OCT as is necessary to accomplish the purpose of this Order.

  7. To the extent not inconsistent with any other law, the OCT may, with the approval of the Attorney General, employ, consult and contract with private and public entities, and enter into such agreements with any public or private person or entity as is appropriate for the purposes of furthering the mission of the OCT, including but not limited to consulting with experts from any State college or university.

  8. The OCT is authorized to draw on the assistance of any county or municipal governmental agency, or any independent authority, for the purposes of carrying out its duties and responsibilities under this Order.

  9. In order to optimize the State's intelligence gathering and analysis capabilities regarding terrorist activities, the OCT shall develop and maintain a databank of information regarding terrorists and terrorist-related activities.

  10. To compile such a databank, the OCT is empowered to access all appropriate information in the possession of State departments, divisions and agencies and State and local law enforcement agencies, including but not limited to individual and compiled criminal and intelligence case files and information obtained or maintained by the Division of State Police in the Department of Law and Public Safety.

  11. The OCT also shall seek relevant counter-terrorism intelligence information from all other appropriate sources, including the private sector and private individuals, and shall develop appropriate cooperative relationships with private industry, utility companies and other entities which may be potential targets of terrorism.

  12. All documents, materials and information pertaining to counter-terrorism investigation, intelligence, training and protocols created, compiled, obtained or maintained by the OCT 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.

  13. To maximize State intelligence capabilities, the OCT shall develop and administer training programs for both law enforcement and non-law enforcement entities on counter-terrorism and intelligence gathering and analysis on a Statewide basis, and all State departments, divisions, facilities and agencies shall provide appropriate assistance to the OCT in regard to such training programs.

  14. The OCT shall review all State legislation regarding counter-terrorism and report to the Attorney General and the Governor regarding such legislation, as appropriate, and further, shall review existing laws and recommend to the Attorney General and the Governor any appropriate modifications, amendments or initiatives to support or enhance the State's counter-terrorism and preparedness capabilities.

  15. The OCT shall seek out and monitor federal and State grant programs regarding counter- terrorism; and further, shall identify and may participate in any appropriate federal or multi-State law enforcement programs and efforts that would support or compliment the OCT's efforts.

This ORDER shall take effect immediately.
GIVEN, under my hand and seal this
24th Day of January in the Year of
Our Lord, Two Thousand Two, and of
the Independence of the United States,
the Two Hundred and Twenty-Sixth.

Respectfully,

/s/ JAMES E. McGREEVEY
Governor

[seal]

Attest:
/s/
Paul A. Levinsohn
Chief Counsel to the Governor

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