State of New Jersey
Executive Order #5
March 16, 2006
Governor Jon S. Corzine
WHEREAS, protecting the citizens and the critical assets of the State of New Jersey is the top priority for the State of New Jersey and its Governor; and
WHEREAS, we have entered into a new threat era with acts of terrorism, natural disasters, catastrophic events, and pandemics that require a new operational, all-hazard paradigm and approach to homeland security and emergency preparedness; and
WHEREAS, the Legislature recognized in the New Jersey Domestic Security Preparedness Act, P.L. 2001, c.246, that the threat of a terrorist attack presents a serious and continuing danger to the residents of New Jersey; and
WHEREAS, a uniform and cooperative statewide response is required to effectively ensure homeland security and emergency preparedness; and
WHEREAS, the creation of an Office of Homeland Security and Preparedness and the appointment by the Governor of a cabinet-level Director to advise the Governor and to coordinate emergency response efforts across all levels of government, law enforcement, emergency management, non-profit organizations, agencies, authorities, other jurisdictions, and the private sector will greatly enhance the safety, security, and preparedness of New Jersey; and
WHEREAS, the appointment of a Director of Homeland Security and Preparedness who has complete responsibility for overseeing, planning, and distributing state and federal funding for homeland security and emergency preparedness solely on the basis of risk, threat, and vulnerability, will eliminate duplication, ensure the most effective use of limited resources, and guarantee that funds are used for appropriate and necessary purposes; and
WHEREAS, greater security and preparedness will be achieved by having the Director of Homeland Security and Preparedness serve as Chair of the Domestic Security Preparedness Task Force; and
WHEREAS, the State's counter-terrorism efforts will be enhanced greatly by placing the Office of Counter-Terrorism under the direction and supervision of the Director of Homeland Security and Preparedness and by coordinating the efforts of the Director's Office with other law enforcement entities throughout the State; and
WHEREAS, the State and the Governor must undertake all appropriate efforts to guarantee the safety of the people of New Jersey while protecting and respecting the privacy and civil liberties of individuals throughout the State;
NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and the Statutes of this State, do hereby ORDER and DIRECT:
- There is hereby created the Office of Homeland Security and Preparedness (the "Office"), which is empowered to administer, coordinate, lead, and supervise New Jersey's counter-terrorism and preparedness efforts. The goal of this Office shall be to coordinate emergency response efforts across all levels of government, law enforcement, emergency management, non-profit organizations, other jurisdictions, and the private sector, to protect the people of New Jersey.
- The Office shall be led by a Director, who shall report directly to the Governor and shall be a cabinet-level official.
- The Director of the Office of Homeland Security and Preparedness shall be the Homeland Security and Preparedness Advisor for the Governor and the State of New Jersey.
- The Director, in consultation with the Department of Personnel and the Director of the Office of Management and Budget, shall utilize and employ all such personnel as are necessary to carry out the duties of the Office.
- The Office of Homeland Security and Preparedness shall be in, but not of, the Department of Law and Public Safety.
- The Director shall serve as the State's liaison with federal law enforcement authorities and with other states on counter-terrorism and emergency preparedness issues.
- The Director and the Office shall be authorized to call upon the expertise and assistance of all State departments, divisions, and agencies to carry out their mission, including but not limited to: the Department of Law and Public Safety (including the Office of the Attorney General, the Division of State Police and the Office of Emergency Management), the Department of Transportation, the Department of Health and Senior Services, the Department of Human Services, the Board of Public Utilities, the Department of Environmental Protection, the Department of Agriculture, the Department of Labor, the Department of Military and Veterans Affairs, the Department of Community Affairs, and the Department of the Treasury.
- Each State department and agency shall be required, to the extent not inconsistent with law, to cooperate with the Office.
- The Office may, to the extent not inconsistent with any other law, employ, consult, and contract with private and public entities, and enter into such agreements with public and private individuals or entities as necessary to further the mission of the Office or of other offices and units that fall under the Director's supervision.
- The Director shall be responsible for planning, overseeing, and distributing discretionary state and federal homeland security and preparedness funding. The Office shall be designated as the State Administrative Agency for all federal homeland security and preparedness funding as of May 1, 2006.
- The Director shall establish clear, transparent guidelines for the allocation of discretionary funding and shall distribute all funding based upon risk, threat, and vulnerability.
- The Office shall be authorized to draw on the assistance of any county or municipal governmental agency, or any independent state authority, for the purposes of carrying out its duties and responsibilities.
- The Office shall identify and participate in appropriate federal or multi-state law enforcement programs and efforts that support or complement its counter-terrorism and preparedness efforts.
- The Office shall review all proposed State legislation regarding counter-terrorism and preparedness and shall report to the Governor's Office about such proposed legislation through the Office of the Chief Counsel. The Office shall also review existing legislation and may recommend modifications, amendments, or initiatives to support or enhance the State's homeland security and preparedness capabilities.
- The Domestic Security Preparedness Task Force, which is in, but not of, the Department of Law and Public Safety, shall be a part of the Office of Homeland Security and Preparedness. All staff, funding, and other resources associated with the Domestic Security Preparedness Task Force shall be a part of the Office.
- The Director shall chair and shall personally attend all meetings of the Domestic Security Preparedness Task Force, absent unavoidable conflicts.
- The Director shall be responsible for ensuring that the State has a comprehensive emergency plan that is disseminated and fully understood by all relevant parties in the State.
- The Director shall conduct regular exercises, tabletops, and simulations to assess and prepare responses to all hazards.
- The State Police shall continue to operate the Office of Emergency Management; however, the Superintendent of the State Police shall provide dual reporting to the Attorney General and to the Director of the Office of Homeland Security and Preparedness on matters related to homeland security, preparedness, and the Office of Emergency Management.
- The Office of Counter-Terrorism shall be a part of the Office. A Deputy Director of Homeland Security and Preparedness shall be responsible for counter-terrorism and intelligence and shall have as his or her mission: (1) intelligence gathering, analysis, and sharing; (2) training of law enforcement and other individuals tasked with homeland security and emergency preparedness responsibilities; and (3) infrastructure protection.
- The Office shall conduct law enforcement investigations in conjunction with the FBI Joint Terrorism Task Force, the State Police, the Division of Criminal Justice in the Office of the Attorney General, and other law enforcement agencies specifically designated by the Director.
- All law enforcement investigations shall be under the supervision of the Division of Criminal Justice in the Office of the Attorney General. Regular status reports on such investigations shall be provided to both the Director and to the Attorney General.
- The Office shall have all powers conferred by law to the Department of Law and Public Safety, including the powers conferred by the Criminal Justice Act of 1970, P.L. 1970 c.74, as amended by P.L. 1981 c. 1987. To the extent that the Office utilizes powers conferred under this Act, there shall be dual reporting to the Director and the Attorney General.
- The Office shall be the central State agency responsible for gathering and disseminating intelligence and information relating to counter-terrorism to local, county, state, and federal law enforcement entities and other agencies. The Office shall coordinate the gathering and dissemination of this information with the State Police.
- The Office shall develop and maintain a databank of information regarding homeland security and preparedness in coordination with the State Police. To accomplish this goal, the Office is authorized to access all appropriate information in the possession of State departments, divisions, and agencies and local, county, and State law enforcement agencies, including but not limited to all criminal, intelligence, and investigative case files and information.
- The Office shall be permitted to seek and obtain relevant counter-terrorism intelligence information from other appropriate sources, including private industry, public utilities, and other entities.
- The Office shall be the central state agency responsible for developing and administering training programs for law enforcement personnel and other individuals on counter-terrorism and intelligence gathering, analysis, and sharing. All State departments, divisions, facilities, and agencies shall provide appropriate assistance in regard to such training programs.
- All documents, materials, and information pertaining to counter-terrorism investigation, intelligence, training, and protocols created, compiled, obtained or maintained by the Office shall be deemed confidential, non-public and not subject to the Open Public Records Act, P.L. 1963, c.73, as amended and supplemented.
- The Director, the Office, and all other State departments, agencies, and units shall respect and protect the privacy and civil liberties of individuals while undertaking all appropriate efforts to guarantee the safety of the people of New Jersey.
- The Public Advocate of the State of New Jersey shall appoint a public ombudsman within the Public Advocate's Office to address civil liberties issues related to homeland security and preparedness.
- Executive Order Number 33 (2002) and Executive Order Number 57 (2005) are hereby rescinded.
This ORDER shall take effect immediately.
GIVEN, under my hand and seal this 16th day
of March, Two Thousand and Six, and of the
Independence of the United States, the Two
Hundred and Thirtieth.
/s/ Jon S. Corzine
Chief Counsel to the Governor
/s/ Stuart Rabner