State of New Jersey
Executive Order #65

Acting Governor Richard J. Codey

WHEREAS, in the words of President John F. Kennedy, "[n]o responsibility of government is more fundamental than the responsibility for maintaining the highest standards of ethical behavior by those who conduct the public business. ...This principle must be followed not only in reality, but in appearance. For the basis of effective government is public confidence, and that confidence is endangered when ethical standards falter or appear to falter"; and

WHEREAS, I have made it a cornerstone of my administration to transform the ethical culture in State government, with the hope of forging a renewed partnership among government, its employees, and the people of this State; and

WHEREAS, recent events have compellingly demonstrated that our public institutions of higher education and the members of the governing boards of those institutions must conduct business in the most transparent manner possible, to ensure that the citizens of New Jersey have complete confidence in the operation of those institutions and in the persons who are governing them; and

WHEREAS, we must always remember that government officials are at all times accountable to the people of this State and that public service should never be used for private gain; and

WHEREAS, as a result, the leaders of our public institutions of higher education must constantly be mindful of the need to avoid even the appearance of impropriety in the performance of their public duties;

NOW, THEREFORE, I, RICHARD J. CODEY, Acting 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. No President or member of a governing board of a State University, State College or County College, nor any member of the immediate family of such official, shall do business, directly or indirectly, with the institution that they govern or by which they are employed. For purposes of this Order, "member of the immediate family" shall mean the official's spouse, child, parent or sibling residing in the same household.

  2. The prohibitions in paragraph 1 shall also apply to any firm, association or partnership by which the President or member of the governing board is employed, from which the President or member receives compensation, or of which the President or member owns or controls more than one percent of the profits or assets of that firm, association or partnership. Such prohibitions shall also apply to shareholders, associates or professional employees of a professional service corporation regardless of the extent or amount of their shareholder interest in such a corporation.

  3. Any President or member of a governing board of a State University, State College or County College who is currently involved in a business relationship that is prohibited by this Order shall be given 30 days to terminate the prohibited business relationship or to resign from public office. Failure to comply with the terms of this Order shall constitute good cause for the removal from employment or office of the President or member of a governing board.

  4. The Executive Director of the Executive Commission on Ethical Standards is hereby authorized to grant an exception from the terms of this Order if, in the judgment of the Executive Director, the entity that employs, provides compensation or is owned in part by the Board member is one with which the State University, State College or County College may contract with pursuant to N.J.S.A. 52:13D-19 and N.J.S.A. 52:34-10, or where the public interest requires that an exception be made.

  5. Each governing board of a State University, State College or County College shall incorporate the provisions of this Order into its Code of Ethics.

  6. This Order shall take effect immediately.

GIVEN, under my hand and seal this 15th day
of November, Two Thousand and Five, and
of the Independence of the United States, the
Two Hundred and Thirtieth.

/s/ Richard J. Codey

Acting Governor



/s/ Mark J. Fleming

Deputy Chief Counsel to the Governor