The State Ethics Commission was created in 1973 and administers and enforces the New Jersey Conflicts of Interest Law, the Uniform Ethics Code, and Supplemental Departmental Codes of Ethics as they apply to the employees and appointees within the Executive Branch of State Government. The Commission also administers and enforces several sections of the Casino Control Act, N.J.S.A. 5:12-1 et seq., and has administrative authority granted by the Governor by Executive Orders 189 (Kean, 1989), 41 (Codey, 2005), 68 (Codey, 2005), 14 (Corzine, 2005), and 64 (Christie, 2011), and 2 (Murphy,2018).
The Commission consists of a board of seven appointed members and a full-time staff headed by an Executive Director. The Board consists of four public members, not more than two of whom shall be of the same political party, and three Executive Branch employees, all appointed by the Governor. Executive Branch members serve at the pleasure of the Governor during the term of the Governor appointing the member and until the member's successor is appointed and qualified. Public members serve for staggered terms of four years and until the appointment and qualification of their successors. The Governor designates one public member to serve as chair and one member to serve as vice-chair of the Commission.
The Commission has the power to undertake investigations and hold hearings regarding alleged violations of the Conflicts Law. The Commission also issues advisory opinions concerning whether a given set of facts and circumstances would, in the Commission's opinion, constitute possible violations of the Conflicts Law or any code, rules or regulations promulgated pursuant thereto.
Commission meetings are held every two months, or more frequently as required. All meeting dates are posted on this website and advertised in accordance with the Open Public Meeting Act.
The Commission has a full-time staff with an Executive Director as the administrative head. N.J.A.C. 19:61-1.9. The Executive Director oversees day to day operations of eleven staff members including: a Deputy Director, Compliance Officer, Training Officer, Legal Specialists, and administrative support staff. The Commission staff work with the approximately 115 designated department/agency Ethics Liaison Officers (“ELOs”) to execute the responsibilities of the Commission. Staff of the Commission are responsible for the following duties:
Training:
The SEC provides ethics training to members of the Executive Branch of State Government, including the Governor, Governor’s Executive Staff, Cabinet members, Department Heads, Special State Officers (eg. Appointed Board members and Commissioners), and all approximately 100,000 State Executive Branch employees. Training is conducted live in-person, live virtual through video conferencing, and through pre-recorded training modules available on our website.
The Commission staff also host quarterly orientations and quarterly training meetings for ELOs and are available to provide guidance to all ELOs as needed.
Compliance:
The SEC conducts ethics compliance reviews of all Executive branch agencies. The primary purpose of the Commission's compliance reviews is to ensure that State agencies are meeting reporting, training and other requirements of the State's ethics laws and regulations. The compliance review process is also designed to determine whether State agencies have implemented needed procedures and practices that will prevent and detect ethics violations.
Investigations:
The SEC legal staff conduct confidential investigations into allegations of violations of the State Conflict of Interest Law, Ethics Codes, and rules and regulations of the Commission. The Commission receives allegations from other State agencies, State employees, and members of the public, and anonymous sources. All investigations are confidential. Complaints can be made by calling our toll free hotline, 1-888-223-1355, or in writing via mail or email. ethics@ethics.nj.gov
State agency ELOs may also take complaints of State Ethics violations about employees or special State officers within their agencies. The State agency is required to file a copy of complaint with the Commission and the Commission may retain jurisdiction or permit the agency to conduct the preliminary investigation. Whether the preliminary investigation is conducted by the Commission or an agency, the investigation is confidential. All determinations made by State agencies must be submitted to the Commission for approval by the Commissioners during a public meeting and an agency may not take disciplinary action prior to Commission approval.
The Commission may take action against a former State officer or employee or special State officer or employee for violations that occurred during State service. The investigation, however, must be commenced within two years of the termination of State service.
At the conclusion of a confidential investigation by the Commission or an agency, the matter will be presented to the Commissioners for determination as to whether violations have occurred.
Advisory Opinions:
The Commission has the authority to issue advisory opinions concerning whether a given set of facts and circumstances would in the Commission's opinion constitute possible violations of the Conflicts Law or any code, rules or regulations promulgated pursuant thereto. To request a staff or Commission Advisory opinion, submit correspondence to ethics@ethics.nj.gov or mail to our PO Box.
Financial Disclosure Statements:
Executive Order No. 2, promulgated by Governor Murphy on January 17, 2018, requires the annual filing of Financial Disclosure Statements ("FDS") by certain designated State employees and designated Special State officers. Pursuant to section 21(2)(n) of the Conflicts Law, FDSs required to be submitted to the Commission by law, regulation or executive order are available and searchable on the SEC website. Commission staff advise filers of their deadlines, review submissions for compliance, and assist in answering questions for filers. The Commission also imposes penalties for late or delinquent filings.
Casino & Cannabis Waivers:
A State officer or employee is not permitted to hold an interest in, or represent, appear for, or negotiate on behalf of a casino licensee or applicant, a medical cannabis permit holder, applicant, or entity, or a personal use cannabis license holder, applicant, or entity. A State officer or employee is also not permitted to hold employment with a casino licensee or applicant, a medical cannabis permit holder, applicant, or entity, or a personal use cannabis license holder, applicant, or entity, unless the Commission grants a waiver. A waiver is granted in circumstances where it is determined by the Commission that such activity will not interfere with the responsibilities of the State officer or employee and will not create a conflict of interest or the appearance of such conflict.
In accordance with N.J.S.A. 52:13D-17.2, the Commission may grant an exception from the above employment restrictions for a person’s immediate family member or an employee who was terminated as a result of a reduction in force, (provided that the employee did not hold a policy-making management position during the five years prior to termination of employment) whenever it determines that such waiver will not create a conflict of interest or the appearance of a conflict of interest.
Last updated: December 16, 2024