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State of New Jersey
Executive Order #112

Governor Christine Todd Whitman

WHEREAS, the State of New Jersey has long been committed to the development and implementation of policies and programs that will afford maximum economic and employment opportunities to all of its citizens; and

WHEREAS, the Legislature enacted the current form of the New Jersey Set-Aside Act for Small Businesses, Female Businesses, and Minority Businesses in 1985, providing that State contracting agencies shall have as a goal the awarding of at least 15 percent of their contracts for goods, equipment, construction and services to small businesses; at least 7 percent to minority businesses; and at least 3 percent to female businesses; and

WHEREAS, contracting goals were also established for local governmental entities and certain State agencies and authorities, including but not limited to, the New Jersey Sports and Exposition Authority, the New Jersey Transportation Trust Fund Authority, and the Economic Development Authority; and

WHEREAS, labor workforce goals were established for goods and services vendors as well as construction contractors awarded contracts by public agencies in the State of New Jersey; and

WHEREAS, the State conducted a study regarding Discrimination in Public Works Procurement and Construction Contracts, which was commenced pursuant to Executive Order No. 213 (Kean) in 1989, and completed in 1993; and

WHEREAS, it is advisable for the State to create a study commission charged with updating and expanding the earlier study, through a review of data and information concerning the past and present nature and scope of discrimination in State employment and contracting; and

WHEREAS, the results of such an updated and expanded study will allow the State to modify and adapt existing programs so as to best afford employment and contracting opportunities to all of its citizens;

NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, 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. There is hereby established in, but not of, the Department of State the Governor's Study Commission on Discrimination in State Employment and Contracting ("Study Commission").

2. The Study Commission shall consist of twenty-two (22) members as follows:

(a) The Secretary of State, or a designee, shall serve ex-officio;

(b) The State Treasurer, or a designee, shall serve ex-officio;

(c) The Commissioner of Community Affairs, or a designee, shall serve ex-officio;

(d) The Commissioner of Personnel, or a designee, shall serve ex-officio;

(e) The Commissioner of Labor, or a designee, shall serve ex- officio;

(f) The Commissioner of Transportation, or a designee, shall serve ex-officio;

(g) The Chief Executive Officer and Secretary of the Commerce and Economic Growth Commission, or a designee, shall serve ex-officio;

(h) The Director of the Division on Civil Rights, or a designee, shall serve ex-officio;

(i) The Chairperson of the Legislative Black and Latino Caucus shall serve ex-officio; and

(j) Thirteen (13) public members who have expertise in issues of discrimination and equal opportunity shall be directly appointed by the Governor for terms of one year.

3. The Study Commission shall organize and meet as soon as practicable after the appointment of its members. A Chairperson and Vice-Chairperson shall be appointed by the Governor. Each member shall hold office for the term of appointment and until his or her successor is appointed and qualified. A member appointed to fill a vacancy occurring on the Study Commission for any reason other than the expiration of the term shall have a term of appointment for the unexpired term only. A member may be appointed for any number of successive terms. The members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members.

4. The Study Commission shall investigate, research and report on the nature and scope of any past or present discrimination in State employment and contracting. Where the Study Commission finds evidence of such discrimination, it shall identify and evaluate remedies, consistent with guidelines established by law.

5. The Study Commission is authorized to call upon any department, office or agency of State government to provide such information, resources or other assistance deemed necessary to discharge its responsibilities under this Order. Each department, officer, division and agency of this State is hereby required to cooperate with the Study Commission and to furnish it with such information, personnel and assistance as is necessary to accomplish the purposes of this Order.

6. The Study Commission is authorized to utilize any and all outside resources, including consultants and experts, deemed necessary to discharge its responsibilities under this Order.

7. The Study Commission shall report its findings and recommendations concerning past and present discriminatory practices in State employment and contracting to the Governor no later than one year after the effective date of this Order; provided, however, for good cause, the Chairperson may allow for a reasonable extension of the one-year time period.

8. This Order shall take effect immediately.

GIVEN, under my hand and seal
this 6th day of April in the Year
of Our Lord, Two Thousand, and
of the Independence of the United
States, Two Hundred Twenty-Four.

/s/ Christine Todd Whitman
Governor

[seal]

Attest:

/s/ Richard S. Mroz
Chief Counsel to the Governor

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