WHEREAS, all public officials must adhere to the highest ethical standards;
and
WHEREAS, a question was raised recently concerning whether the Governor's
Office Code of Conduct applied to the Governor; and
WHEREAS, in light of that apparent uncertainty, I directed Counsel's
Office to revise the Code of Conduct to apply it explicitly to the Governor;
and
WHEREAS, in connection with that effort, this Office convened a distinguished
bi-partisan Advisory Panel:
- John J. Degnan, former Chief Counsel to Governor Byrne and former
Attorney General;
- Stewart G. Pollock, former Chief Counsel to Governor Byrne and retired
Supreme Court Justice;
- W. Cary Edwards, former Chief Counsel to Governor Kean and former
Attorney General;
- Michael R. Cole, former Chief Counsel to Governor Kean and former
First Assistant Attorney General; and
- John J. Farmer, Jr., former Chief Counsel to Governor Whitman and
former Attorney General
to provide guidance as to the most appropriate means of establishing
an ethics Code of Conduct for the Governor; and
WHEREAS, the Advisory Panel unanimously recommended that a Code of Conduct
be drafted specifically for the Governor; and
WHEREAS, the Advisory Panel has issued a Report explaining the basis
for its recommendations; and
WHEREAS, the Advisory Panel has drafted a recommended Code of Conduct
applicable to the position of Governor; and
WHEREAS, I have reviewed the Report from the Advisory Panel and the
proposed Code of Conduct and have determined to adopt it with certain
additional strictures;
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:
- The Report of the Advisory Panel is hereby accepted.
- The Code of Conduct for the Governor recommended by the Advisory
Panel is hereby adopted and shall be applied to the position of Governor.
- There is hereby created an Advisory Ethics Panel composed of two
public members appointed by the Governor, in consultation with the
Chair of the Executive Commission on Ethical Standards. In order to
be appointed as a public member, an individual shall have served as
either Chief Counsel to the Governor, as Attorney General, or as a
Justice of the Supreme Court or a Judge of the Superior Court. The
two public members shall be appointed for a term of three years, and
shall hold office until their successors are appointed and have qualified.
No more than one of the members shall be from the same political party
as the Governor.
- The Advisory Ethics Panel shall be available to advise the Governor
regarding conflicts issues and application of the Governor's Code
of Conduct.
- The Governor's Chief Counsel or Ethics Liaison Officer shall seek
the advice of the Advisory Ethics Panel when he has questions concerning
the propriety of the Governor's conduct under the Code. When requested
by the Chief Counsel or Ethics Liaison Officer, the Advisory Ethics
Panel shall issue a written determination, which shall be made publicly
available.
- The Governor shall abide by the judgment of the Advisory Ethics
Panel as to the propriety of his actions. In the event the Panel members
cannot agree on the proper resolution of a particular issue presented
to it, the Governor shall not engage in the proposed activity.
- If a question is raised with regard to the propriety of the conduct
of the Governor, and the Advisory Ethics Panel was not consulted by
the Chief Counsel or the Ethics Liaison Officer prior to the Governor
engaging in such conduct, the Panel shall have the discretion to review
the question and to issue a public determination. In such circumstances,
if the Panel finds that the Governor's actions were in violation of
the Code of Conduct for the Governor, the Panel shall have the power
to impose monetary penalties.
- This Order shall take effect immediately.
|
GIVEN,
under my hand and seal this 24th day
of October in the Year of Our Lord, Two Thousand
and Three, and of the Independence of the United
States, the Two Hundred and Twenty-Eighth.
/s/ James
E. McGreevey
Governor
[seal] |
Attest:
/s/ Michael R. DeCotiis
Chief Counsel to the Governor