ATTORNEY GENERAL ADMINISTRATIVE EXECUTIVE DIRECTIVE 2002-2
OFFICE OF GOVERNMENT INTEGRITY
WHEREAS, the Attorney General and employees of the Department of Law and Public
Safety are committed to ensuring that the people of the State of New Jersey
are served by a government that operates in accordance with the highest standards
of integrity, efficiency, impartiality and accountability;
WHEREAS, the Attorney General, as a constitutional officer charged with the
responsibility of enforcing the provisions of the Constitution and the statutory
and common law of the State, possesses both the independence and authority to
take appropriate steps to promote the fair and equal treatment of all citizens
under the law and to combat corruption by public officials and employees at
all levels of government;
WHEREAS, the Attorney General, as legal counsel to all instrumentalities of
State government and chief law enforcement officer of the State who bears ultimate
responsibility in all matters related to the enforcement of the State's criminal
laws, with the responsibility for coordinating all of the law enforcement activities
of the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-2 and
the authority to maintain a general supervision over the county prosecutors
pursuant to the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., is
empowered to establish procedures and implement administrative strategies to
enhance and assure integrity in the performance of government functions;
WHEREAS, toward that end, the Attorney General established the Office of the
Inspector General in the Department of Law and Public Safety to provide a mechanism
with access, resources, expertise and authority to investigate and remediate
misconduct related to governmental programs and projects, and allocated to that
Office the Unit of Fiscal Integrity in School Construction created pursuant
to P.L.2000, c.72 to investigate, examine, and inspect activities related to
the Educational Facilities Construction and Financing Act;
WHEREAS, in light of the resources situated within the Department of Law and
Public Safety that are currently utilized to perform functions that enhance
government integrity, it is prudent to establish a more integrated, cohesive
and centralized system, under the auspices of the Attorney General, to further
assure and promote probity in official actions performed by employees in the
Department of Law and Public Safety and of County Prosecutors throughout the
State, and by elected and appointed public officials at all levels of government;
WHEREAS, the creation of an Office of Government Integrity, drawing upon the
authority, responsibilities, resources, expertise, and independence of the Attorney
General and the Department of Law and Public Safety, will serve the public interest
by promoting enhanced oversight and coordination of investigation and resolution
of allegations of misconduct involving law enforcement personnel employed by
the Department of Law and Public Safety and the County Prosecutors, elected
or appointed public officials at all levels of government, and other public
employees, by establishing stringent investigation monitoring standards and
procedures, and by performing investigations and operations audits to assure
that matters of importance to the citizens of New Jersey are conducted with
the highest standards of professional conduct; and
WHEREAS, the coordination and centralization of the Attorney General's authority,
powers, and resources by means of the establishment of an Office of Government
Integrity will ultimately promote and justify public confidence in the integrity,
fairness and efficacy of the performance of governmental functions, including
certain investigations of the conduct of law enforcement personnel and elected
or appointed public officials based on complaints made by private citizens.
NOW, THEREFORE, I, David Samson, Attorney General of the State of New Jersey,
do hereby ORDER and DIRECT the following:
Establishment of the Office of Government Integrity. There is created in
the Department of Law and Public Safety an Office of Government Integrity,
which shall have broad authority to perform certain administrative, investigative
and prosecutorial functions on behalf of the Attorney General, and to examine
such functions and make appropriate recommendations thereupon, to assure and
maintain the integrity of the conduct of State and county law enforcement
activities and personnel in the Department of Law and Public Safety and throughout
New Jersey.
Authority of the Office of Government Integrity. In carrying out its duties
and responsibilities, the Office of Government Integrity and its constituent
organizational units shall exercise the Attorney General's constitutional,
statutory and common law authority to act in the public interest, and shall
have the authority to attend generally to legal matters in which the State
or any of its officers or instrumentalities has an interest, to execute the
Attorney General's powers under the Law and Public Safety Act of 1948, N.J.S.A.
52:17B-1 et seq., and to prosecute criminal matters of the State pursuant
to the Attorney General's authority under the Criminal Justice Act of 1970,
N.J.S.A. 52:17B-97 et seq.
The Director of the Office of Government Integrity. The Attorney General
shall appoint an individual qualified by education, experience, or professional
background in the fields of law, investigation and criminal practice to serve
as Director of the Office of Government Integrity. The Director of the Office
of Government Integrity shall be appointed an Assistant Attorney General and
shall operate under the authority and direct supervision of the Attorney General
and serve at the pleasure of the Attorney General. The Director shall direct
and supervise the work of the Office of Government Integrity and its constituent
organizational units, and shall devote his entire time to the duties of the
Office.
Organization of the Office of Government Integrity. Subject to the express
requirements of this Directive, the Director of the Office of Government Integrity
may, with the approval of the Attorney General, organize the work of the Office
into such bureaus and other organizational units as may be necessary for the
efficient and effective operation of the Office. The Director may delegate
to employees in the Office and its constituent organizational units such powers
as the Director deems appropriate, to be exercised subject to the supervision
and control of the Director. Consistent with the provisions of section 8 of
this Directive, the Attorney General shall assign to the Office of Government
Integrity such employees of the Department of Law and Public Safety as may
be necessary to assist the Director in the performance of his duties. Any
such assignments to or from the Office Government Integrity shall be made
solely in the discretion of the Attorney General.
Structure of the Office of Government Integrity. In addition to any bureaus
or other organizational units established by the Director pursuant to section
4 of this Directive, the following constituent organizational units are hereby
established in or allocated to the Office of Government Integrity, and shall
operate under the general direction and supervision of the Director of the
Office of Government Integrity.
(a) Establishment of a Professional Responsibility Unit. There is established
a Professional Responsibility Unit, which shall be a constituent organizational
unit allocated within the Office of Government Integrity, and which shall
exercise the duties, responsibilities and functions set forth in subsection
(a) of section 6 of this Directive.
(b) Establishment of a Public Corruption Unit. There is established a Public
Corruption Unit, which shall be a constituent organizational unit allocated
within the Office of Government Integrity, and which shall exercise the duties,
responsibilities and functions set forth in subsection (b) of section 6 of
this Directive.
(c) Discontinuation of the Office of Inspector General and Allocation of the
Unit of Fiscal Integrity in School Construction. To the extent inconsistent
with the provisions of this Directive, Attorney General Administrative Executive
Directive 2001-1 (Farmer) is hereby superseded by this Directive. The Office
of the Inspector General established by Administrative Executive Directive
2001-1 shall be dissolved, and all of the duties, responsibilities and functions
of the Office of the Inspector General set forth in Section III of Attorney
General Administrative Directive 2001-1 shall be exercised by or through the
Office of Government Integrity established under this Directive. The Unit
of Fiscal Integrity in School Construction established pursuant to the Educational
Facilities Construction and Financing Act, P.L.2000, c. 72, and the powers
and duties of that Unit shall be allocated to the Office of Government Integrity
and shall function under the general supervision of that Office.
Specific Functions of Constituent Organizational Units of the Office of
Government Integrity. The Office of Government Integrity and its constituent
organizational units shall perform such general and specific duties and functions
as are set forth in this Directive, and as may otherwise be established or
assigned by the Attorney General.
(a) In addition to the general duties and responsibilities described in this
Directive, the Professional Responsibility Unit shall have specific authority
and responsibility to perform the following functions:
(1) The Professional Responsibility Unit shall prescribe and oversee the implementation
of a system for the intake, screening, referral and monitoring of complaints
alleging misconduct or unconstitutional conduct by law enforcement or professional
personnel employed by the Department of Law and Public Safety or by law enforcement
personnel employed by any of the twenty-one County Prosecutors' Offices in
this State. The Professional Responsibility Unit shall develop and apply complaint
review and referral protocols which set forth specific criteria governing
the referral of complaints for handling by an appropriate internal affairs
entity or directly by the Professional Responsibility Unit, which protocols
shall include safeguards to eliminate any conflict of interest or the appearance
of any conflict of interest and provide adequate assurance that the integrity
of the handling of the matter will not be compromised. To ensure that complaints
are investigated and resolved expeditiously, objectively and fairly, the Professional
Responsibility Unit shall be authorized to monitor compliance by the Department
of Law and Public Safety and the County Prosecutors with the Attorney General's
"Internal Affairs Policy and Procedures Manual" promulgated pursuant
to N.J.S.A. 40A:14-181, and may exercise supervision over or supersede in
the handling of a complaint in accordance with the established protocols or
at the direction of the Attorney General.
(2) The Professional Responsibility Unit shall have the authority to conduct
operations audits of internal affairs operations of the Department of Law
and Public Safety and the County Prosecutors' Offices and related matters
involving allegations of misconduct, as necessary and appropriate, and shall
identify systemic problems affecting the quality, timeliness or integrity
of misconduct investigations and any other matters that may affect the integrity
of law enforcement agency operations and public confidence in the law enforcement
and prosecution function. The Professional Responsibility Unit shall, through
the Office of Government Integrity, make recommendations for appropriate actions
by the Attorney General to remedy any identified problems, including recommendations
for amendments to the Attorney General's "Internal Affairs Policy and
Procedures Manual" and any related guidelines adopted by law enforcement
agencies as required by N.J.S.A. 40A:14-181.
(3) The Professional Responsibility Unit shall review policies and substantive
and procedural standards for the conduct of misconduct investigations and
other internal affairs matters by all agencies and personnel in the Department
of Law and Public Safety, including but not limited to the Division of State
Police, the Division of Criminal Justice, the Division of Gaming Enforcement,
the Office of Counter-Terrorism, and the Juvenile Justice Commission, as well
as the County Prosecutors' Offices, and make any recommendations as may be
appropriate.
(4) The Professional Responsibility Unit shall establish protocols for periodic
financial audits of accounts containing seized and forfeited property subject
to the provisions of Title 2C of the New Jersey Code which are maintained
by or on behalf of the Offices of County Prosecutors or the Division of Criminal
Justice and any accounts of a confidential nature used by County Prosecutors
or the Division of Criminal Justice for the purchase of evidence, witness
expenses and relocation, which audits shall be conducted in accordance with
schedules, procedures and standards set forth in the protocols.
(b) In addition to the general duties and responsibilities described in this
Directive, the Public Corruption Unit shall have authority and responsibility
to investigate and, as directed by the Attorney General, prosecute allegations
of criminal misconduct which implicate the integrity, fairness or efficacy
of governmental functions, including allegations of misconduct by law enforcement
officers, elected and appointed public officials at all levels of government,
and by other public employees. Attorneys in this unit shall be made available
as a source of advice and expertise to other investigators and prosecutors.
Access to Departmental Resources. The Office of Government Integrity shall
be authorized to call upon the expertise and assistance of every division,
agency, office, bureau and unit within the Department of Law and Public Safety,
and the County Prosecutors' Offices, in order to carry out its mission. Each
division, agency, office, bureau and unit within the Department of Law and
Public Safety, and the County Prosecutors and their personnel, are hereby
required, to the extent not inconsistent with law, to cooperate with the Office
of Government Integrity and to provide such assistance as the Office of Government
Integrity may require to accomplish the purposes of this Directive.
Authorization to Conduct and Refer Criminal Investigations.
The Attorney General and the Office of Government Integrity will, in the normal
course, refer allegations of criminal misconduct to the Division of Criminal
Justice for investigation by the Division of Criminal Justice and/or the Division
of State Police as appropriate. Nonetheless, the Attorney General may, with
respect to specific criminal allegations or complaints, direct any particular
matter to the Office of Government Integrity for criminal investigation or
disposition. To that end, the Attorney General may assign to the Office of
Government Integrity assistant, deputy and assistant deputy attorneys general
of the Division of Criminal Justice and State investigators, who are authorized
pursuant to N.J.S.A. 52:17B-100.1 and -101 to enforce and prosecute the criminal
business of the State. The Attorney General may also authorize additional
Office of Government Integrity staff to be sworn in as special deputy attorneys
general or special state investigators of the Division of Criminal Justice
for handling specific criminal investigations. Office of Government Integrity
personnel so authorized by the Attorney General to enforce and prosecute the
criminal business of the State pursuant to the Criminal Justice Act of 1970,
as amended, shall follow Division of Criminal Justice procedures regarding,
inter alia, the empaneling of state grand juries, access to grand jury time
and subpoenas, and the conduct of grand jury investigations. Any proposed
indictments sought or authorized by Office of Government Integrity personnel
are subject to the approval of the Director of the Division of Criminal Justice
and the Director of the Office of Government Integrity, in consultation with
the Attorney General. Records with respect to the authorization of Office
of Government Integrity personnel to conduct criminal investigations and prosecutions
shall be maintained by the Office of Government Integrity, the head of the
State Grand Jury Unit, and the Director of the Division of Criminal Justice.
Grand jury material may only be shared with the Director of the Office of
Government Integrity and authorized Office of Government Integrity assistant
and deputy attorneys general and state investigators. The Office of Government
Integrity shall also adhere to the standard guidelines and procedures of the
Division of Criminal Justice to guarantee the secrecy of grand jury information,
to prohibit unauthorized access to grand jury information, and to avoid taint
of any civil investigation or review by the Office of Government Integrity.
Annual Reports. In each calendar year, the Office of Government Integrity
shall provide to the Attorney General a report as to the activities of the
Office and its constituent organizational units.
Continuation of Existing Policies and Directives and Repealer of Inconsistent
Provision; Effect on Consent Decree and Existing Contracts. All Attorney General
directives, orders, policies and opinions inconsistent with the provisions
of this Directive are hereby superseded to the extent of such inconsistencies,
but shall otherwise remain in full force and effect. Nothing in this Directive
shall be construed in any way to conflict with any requirement or task established
pursuant to the Consent Decree entered into between the State of New Jersey
and the United States Department of Justice in Civil No. 99-5970 (MLC), and
the Office of State Police Affairs established pursuant to ¶ 110 of the
Consent Decree shall continue to exercise all of the duties, functions and
responsibilities set forth in the Consent Decree. The provisions of this Directive
are intended to be consistent with the provisions of applicable collective
bargaining agreements. In the event that any provision of this Directive conflicts
with an applicable collective bargaining agreement, the collective bargaining
agreement will be deemed to supersede the conflicting provision of this Directive.
__________________________________________
DAVID SAMSON
ATTORNEY GENERAL
Attest:
_______________________________
Barbara S. Hutcheon
Assistant Attorney General