State of New Jersey
Executive Order #5

Governor James E. McGreevey

This executive order continues EO #132 DiFrancesco.

WHEREAS, on September 11, 2001, terrorists killed and injured thousands of persons in an unprovoked attack against the United States; and

WHEREAS, hundreds of innocent New Jersey residents were among those killed in the attacks, and numerous New Jersey residents were among those injured; and

WHEREAS, the lives of thousands of New Jersey residents have been profoundly affected by these events, in countless ways, including effects to their social, emotional and economic well being; and

WHEREAS, on September 17, 2001, in response to the events of September 11, 2001, the State of New Jersey created the Office of Recovery and Victim Assistance, to be led by a Recovery Coordinator, pursuant to Executive Order No. 132 (2001), to administer and coordinate recovery and victim assistance efforts for New Jersey victims and their families and;

WHEREAS, to access recovery and relief services and assistance, victims and their families have at times faced significant administrative burdens, and continue to expend significant time and effort identifying and accessing the available assistance programs and services, as they strive to meet the needs of their families and;

WHEREAS, many New Jersey residents impacted by the attacks will have a continuing need for assistance and services for the foreseeable future, and would benefit from a program that would provide a higher level of aid in accessing assistance and services and would simplify the process of accessing such aid; and

WHEREAS, the long-term recovery effort will continue to be complex in nature, will necessarily involve various governmental and private agencies, and will benefit from continued coordination through a single State agency, organized as a part of the Governor's office;

NOW, THEREFORE, I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and the Statutes of this State, including but not limited to , do hereby ORDER and DIRECT that:

  1. The Office of Recovery and Victim Assistance (Office) and the position of Recovery Coordinator, both created by Executive Order 132 (2001), are hereby continued, and the Recovery Coordinator is hereby charged with leading the Office as it implements long-term relief and assistance efforts;

  2. The Office and the Recovery Coordinator are hereby authorized and empowered to create and manage, directly or through an agreement with a third-party, a Family Advocate Program, to provide more personalized assistance to families who lost loved ones (families) and other persons who were injured (injured persons) in the September 11th attacks. This program shall include, but not be limited to, the following features:

    a. The program shall assist families and injured persons in identifying, applying for and receiving available services and assistance;

    b. Family Advocates, who shall be assigned to work with specific families and persons, will act as the primary point of contact for families and injured persons to receive information and assistance in accessing available resources, including but not limited to, charitable and other funds, public and private programs, volunteer and fee-based services, such as legal, financial and mental health services, job training and skill enhancement programs;

    c. For the convenience and accessibility of families and injured persons, Family Advocates shall be assigned, and shall operate, on a regional basis and have access to comprehensive and current sources of available assistance;

    d. Family Advocates shall have the appropriate training, experience and personal qualities necessary to provide comprehensive and effective assistance, shall be knowledgeable regarding the array of available services and assistance, and shall be subject to appropriate performance standards and supervision.

  3. In addition to the powers set out for the Office and the Coordinator in Executive Order 132 (2001), the Office and the Coordinator also are authorized and empowered:

    a. To cooperate and coordinate with private and public agencies, as well as with not-for-profit corporations, and to enter into agreements with these entities for the purpose of furthering the mission of the Office as set forth in Executive Order No. 132 (2001), and herein, including but not limited to, cooperative relationships and agreements that simplify or streamline the application and qualification processes required for families and injured parties to receive available assistance and services;

    b. To solicit, receive and accept appropriations from public sources for any recovery and victim assistance purpose which falls within the mission of the Office as set forth in Executive Order No. 132 (2001), and hereunder. The Office may not acquire, hold, receive or accept any moneys or other property, real or personal, tangible or intangible that will result in the incurring of any financial obligations on the part of the State that cannot be supported entirely from the funds then available to or from the moneys then held by the Office.

    c. To organize or participate in the organization of a not-for-profit corporation, organized under the laws of this State, which is exempt from federal taxation. It shall be the purpose and function of the corporation to further the mission of the Office as set forth in Executive Order No. 132 (2001), and herein, including but not limited to, operating and administering the Family Advocate Program, described herein, directly or through a third-party provider. Expenses incurred by the corporation shall be payable from the funds raised or held by it, and no liability or obligation, in tort or contract, shall be incurred by the State for the operation of the corporation, nor shall the corporation in any way be indemnified by the State. The corporation shall not be entitled to representation by the Attorney General, but shall be responsible for securing its own counsel when necessary.

    The corporation established and organized under the provisions of this subsection shall be governed by a board of directors and administered by an executive director. Four State officers, appointed by the Governor, shall serve on the board ex officio. In addition to the ex officio members, the initial board shall consist of three public members appointed by the Governor. These initial public members shall serve for a term of one year.

    In order to expedite the delivery of Family Advocate services to families and injured persons, the Governor shall appoint an interim chairperson and an interim executive director to serve until such time as the Board is able to deliberate and determine these issues. It shall be the responsibility of the initial board to determine the organization of the board thereafter, including the number of public board members, their terms, the manner in which they are selected, the selection of an executive director, and such other matters as the initial board shall deem appropriate. In determining the manner in which the public members are selected, the board shall provide that a majority of those members be selected from among persons recommended by the Governor. A public member may serve more than one term.

    No member of the board shall engage or participate in any for-profit business transactions with the corporation.

    d. To enter into agreements with any State, federal or local agency pursuant to the "Government Employee Interchange Act," P.L. 1967, c.77 (C.52:14-6.10 et seq.).

  4. This Order shall take effect immediately.

GIVEN, under my hand and this 9th
day of February in the Year of Our
Lord, Two Thousand Two, and of the
Independence of the United States,
the Two Hundred and Twenty-Sixth.




Chief Counsel to the Governor