I. Fiscal Integrity in School Construction (FISC)

In July 2000, the Educational Facilities Construction and Financing Act (EFCFA) initiated the largest public works program in the State's history, authorizing the expenditure of up to $8.6 billion to build and renovate public school facilities in every school district in the State. Recognizing that "the State must also protect the interests of taxpayers who will bear the burden of this obligation," the Legislature created the Unit of Fiscal Integrity in School Construction (FISC Unit) and authorized it to "investigate, examine and inspect the activities" of the New Jersey Economic Development Authority [now the New Jersey Schools Construction Corporation (SCC)] and the more than 600 school districts in the State, related to the financing and construction of school facilities and the implementation of the school construction law. N.J.S.A. 18A:7G-43. The FISC Unit is one of the primary units within OGI.

Since its inception, the FISC Unit has followed a three-part operational plan in order to protect the interests of the taxpayers, as it fulfills its statutory mandate to inspect the activities of the SCC and the school districts. The FISC Unit performs integrity screening on prequalification applicants; conducts reviews of selected school facilities projects and of selected aspects of the school construction program in pursuit of overall program improvement; and conducts investigations into projects or conduct which may warrant particularized scrutiny.

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1. Integrity Screening

Under the EFCFA, SCC prequalifies general contractors, certain subcontractors, construction managers and professional service firms desiring to work on school facilities projects. Applicants are required to describe and establish their financial ability, responsibility, plant and equipment, ownership, and prior experience. SCC must then determine whether the applicant is qualified to bid for school construction work and, if so, the types and sizes of projects for which the applicant is authorized to bid. Because integrity is a component of the responsibility which all public contractors must possess, the FISC Unit conducts an integrity screening of all applicants.

FISC checks the applicant firms and their key employees against various sources of information, many of them on-line databases, to determine, among other things, whether the applicant or any of its key personnel have been debarred, suspended or otherwise disqualified from public contracting by New Jersey, the Federal Government, or by certain out-of-state entities; whether the applicant or any key personnel have relevant criminal histories; whether the applicant or any key personnel have civil litigation history which may call into question its ability to perform contracts faithfully; and whether published news articles raise any other questions about the integrity of the applicant or key personnel. FISC Unit investigators conduct additional inquiries, as needed, to resolve questions raised during the screening. At the conclusion of each background investigation, FISC makes a recommendation to the SCC. The SCC maintains a list of all prequalified contractors and professionals.

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2. Compliance Reviews

The FISC Unit examines selected school facilities projects and selected aspects of SCC's programmatic processes in pursuit of overall program improvement. In conducting these compliance reviews, staff may conduct interviews, perform site visits, examine documentation, and review procedures to assess compliance with applicable laws and contract terms by participants in the school facilities project, including the SCC, its project management firms, architects, contractors and subcontractors, and the school districts. The goal of these reviews is to provide objective information to SCC management, to help it improve the economy, efficiency, and performance of its program.

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3. Investigations

The FISC Unit also conducts investigations into particular school projects or particular conduct which appears to warrant further scrutiny. FISC conducts these investigations in order to determine whether any violations of the law occurred. If so, FISC can either refer the matter to an appropriate agency for handling, or may itself conduct whatever administrative, civil, or criminal proceedings are called for by the circumstances.

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II. Professional Responsibility Unit

The Professional Responsibility Unit (PRU) was created by Administrative Executive Directive 2002-2 on May 21, 2002. Under the directive, the Professional Responsibility Unit is responsible for prescribing a system for the intake, referral, and monitoring of complaints alleging misconduct or unconstitutional actions by law enforcement or professional personnel in the Department of Law & Public Safety or by law enforcement personnel in the 21 County Prosecutors' Offices. PRU is tasked with developing complaint review and referral protocols to eliminate actual or apparent conflicts of interest and to assure the integrity of internal affairs investigations. PRU is authorized to monitor compliance by the Department and County Prosecutors' Offices with the Attorney General's Internal Affairs Policy & Procedures Manual (280K pdf) (plug in). PRU may exercise supervision over or supersede the handling of any internal affairs complaint. PRU is authorized to conduct operations audits of internal affairs units within the Department and the County Prosecutors' Offices in order to identify any systemic problems.

In addition, the directive requires PRU to establish protocols for periodic financial audits of accounts containing seized or forfeited property and accounts of a confidential nature used to purchase evidence or pay witness expenses maintained by the County Prosecutors' Offices or the Division of Criminal Justice. View the State's Standard Operating Procedures governing forfeiture program administration.

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III. Criminal Matters

Under Attorney General Administrative Executive Directive 2002-2, OGI has the authority to investigate and prosecute criminal matters assigned to it by the Attorney General which implicate the integrity, fairness or efficacy of governmental functions, including misconduct allegations brought against law enforcement officers, public employees, and elected and appointed officials at all levels of government. The Unit supplements the functions of the Division of Criminal Justice. For that reason allegations of criminal misconduct are, in the normal course referred to the Division of Criminal Justice for investigation and prosecution, as warranted. Nonetheless, the Attorney General may assign any particular matter to OGI for investigation and prosecution.

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IV. Attorney General Referrals

In addition to the work described above, the Office of Government Integrity also handles other matters assigned to it by the Attorney General. While these referrals do not fall into any one category, most involve conducting a fact-finding review or investigation into conduct by a government official or government agency to determine whether any applicable legal or ethical standards were violated. OGI then either refers the matter to an appropriate agency for further action, or may itself conduct appropriate administrative, civil or criminal legal proceedings.