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State of New Jersey
Executive Order #77

Governor James E. McGreevey

WHEREAS, all public officials must adhere to the highest ethical standards; and

WHEREAS, a question was raised recently concerning whether the Governor's Office Code of Conduct applied to the Governor; and

WHEREAS, in light of that apparent uncertainty, I directed Counsel's Office to revise the Code of Conduct to apply it explicitly to the Governor; and

WHEREAS, in connection with that effort, this Office convened a distinguished bi-partisan Advisory Panel:

  • John J. Degnan, former Chief Counsel to Governor Byrne and former Attorney General;

  • Stewart G. Pollock, former Chief Counsel to Governor Byrne and retired Supreme Court Justice;

  • W. Cary Edwards, former Chief Counsel to Governor Kean and former Attorney General;

  • Michael R. Cole, former Chief Counsel to Governor Kean and former First Assistant Attorney General; and

  • John J. Farmer, Jr., former Chief Counsel to Governor Whitman and former Attorney General

to provide guidance as to the most appropriate means of establishing an ethics Code of Conduct for the Governor; and

WHEREAS, the Advisory Panel unanimously recommended that a Code of Conduct be drafted specifically for the Governor; and

WHEREAS, the Advisory Panel has issued a Report explaining the basis for its recommendations; and

WHEREAS, the Advisory Panel has drafted a recommended Code of Conduct applicable to the position of Governor; and

WHEREAS, I have reviewed the Report from the Advisory Panel and the proposed Code of Conduct and have determined to adopt it with certain additional strictures;

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 by the Statutes of this State, do hereby ORDER and DIRECT:

  1. The Report of the Advisory Panel is hereby accepted.

  2. The Code of Conduct for the Governor recommended by the Advisory Panel is hereby adopted and shall be applied to the position of Governor.

  3. There is hereby created an Advisory Ethics Panel composed of two public members appointed by the Governor, in consultation with the Chair of the Executive Commission on Ethical Standards. In order to be appointed as a public member, an individual shall have served as either Chief Counsel to the Governor, as Attorney General, or as a Justice of the Supreme Court or a Judge of the Superior Court. The two public members shall be appointed for a term of three years, and shall hold office until their successors are appointed and have qualified. No more than one of the members shall be from the same political party as the Governor.

  4. The Advisory Ethics Panel shall be available to advise the Governor regarding conflicts issues and application of the Governor's Code of Conduct.

  5. The Governor's Chief Counsel or Ethics Liaison Officer shall seek the advice of the Advisory Ethics Panel when he has questions concerning the propriety of the Governor's conduct under the Code. When requested by the Chief Counsel or Ethics Liaison Officer, the Advisory Ethics Panel shall issue a written determination, which shall be made publicly available.

  6. The Governor shall abide by the judgment of the Advisory Ethics Panel as to the propriety of his actions. In the event the Panel members cannot agree on the proper resolution of a particular issue presented to it, the Governor shall not engage in the proposed activity.

  7. If a question is raised with regard to the propriety of the conduct of the Governor, and the Advisory Ethics Panel was not consulted by the Chief Counsel or the Ethics Liaison Officer prior to the Governor engaging in such conduct, the Panel shall have the discretion to review the question and to issue a public determination. In such circumstances, if the Panel finds that the Governor's actions were in violation of the Code of Conduct for the Governor, the Panel shall have the power to impose monetary penalties.

  8. This Order shall take effect immediately.


GIVEN, under my hand and seal this 24th day
of October in the Year of Our Lord, Two Thousand
and Three, and of the Independence of the United
States, the Two Hundred and Twenty-Eighth.

/s/ James E. McGreevey

Governor

[seal]

Attest:

/s/ Michael R. DeCotiis

Chief Counsel to the Governor

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