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State of New Jersey
Executive Order #2

Governor Christine Todd Whitman

Rescinds Executive Orders #1, #9, and #95 (Florio). Rescinded by Executive Order #10 (McGreevey).

WHEREAS, in our representative form of government, it is essential that the conduct of public officials shall hold the respect and confidence of the people; and

WHEREAS, those in government hold positions of public trust that require adherence to the highest standards of honesty, integrity and impartiality; and

WHEREAS, the New Jersey Conflicts of Interest Law prohibits a State officer or employee from having any interest or engaging in

any activity that is in substantial conflict with the proper discharge of this or her duties in the public interest or from undertaking any employment or service which might reasonably be expected to impair his or her objectivity or independence of judgment; and

WHEREAS, the New Jersey Conflicts of Interest Law prohibits a State officer or employee from acting in his or her official capacity in any matter where he or she has a direct or indirect personal financial interest that might reasonably by expected to impair his or her objectivity or independence of judgment; and

WHEREAS, it has been previously recognized by the Executive commission on Ethical Standards that members of the Executive Branch of State Government are often selected to act in policy making capacities because of the experience and expertise they have acquired in certain areas, but that such experience may cause these persons to have financial interests that would constitute an actual or potential conflict of interest or the appearance of such a conflict; and

WHEREAS, it has been previously recognized by the Executive Commission on Ethical Standards that to alleviate such a conflict, a blind trust may be utilized in certain circumstances to erect a barrier between State officers and employees and their investments so that such officers might be shielded from potential conflicts; and

WHEREAS, ownership in any closely-held corporation that does business with governmental entities can raise the appearance of a potential conflict of interest; and

WHEREAS, it is the duty of government officials to earn the trust and confidence of the people by avoiding even the appearance of impropriety; and

WHEREAS, the disclosure of personal interest of public officials will serve to maintain the public's faith and confidence in its government representatives and will guard against conduct violative of the public trust;

NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, 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:

I. Personal Financial Disclosure

1. Every public employee and public officer as such terms are defined in Section 6 hereof shall file a sworn and duly notarized statement which is current as of five days prior to the date of filing. Each statement shall include the following information:

a. The name and position of the public employee or public officer;

b. Any occupation, trade, business or profession engaged in by the public employee or public officer, his or her spouse, and dependent children that is subject to licensing or regulation by a State agency;

c. A list of all assets having a value of more than $1,000, both tangible and intangible, in which a direct or indirect interest is held by the public employee or public officer, his or her spouse, and dependent children, valued as of the statement date; provided, however, that when the value cannot be determined as of that date, a separate valuation date shall be specified for the particular asset. Where stocks and bonds are involved, there shall be included the name of the company, mutual fund, holding company or government agency issuing them (whenever such interest exists through ownership in a mutual fund or holding company, the individual stocks held by such mutual fund or holding company need not be listed; whenever such interest exists through a beneficial interest in a trust, the stocks and bonds held in such trust shall be listed only if the public employee or public officer has knowledge of what stocks and bonds are so held). Where more than 10 percent of the stock of a corporation is held, the percentage of ownership shall be stated. The list shall include any direct or indirect interest, whether vested or contingent, in any contract made or executed by a government instrumentality. In the case of real estate interests, there shall be given the location, size, general nature and acquisition date of any real property in New Jersey in which any direct, indirect, vested or contingent interest is held, together with the names of all individuals or entities who share a direct or indirect interest therein and the name of any government instrumentality that is a tenant of such property or that has before it an application, complaint or proceeding directly affecting such property. Assets of a public employee and his or her spouse shall be listed according to the following value categories:

(i) greater than $1,000, but not more than $5,000; (ii) greater than $5,000, but not more than $25,000; (iii) greater than $25,000, but not more than $50,000; (iv) greater than $50,000, but not more than $100,000; (v) greater than $100,000, but not more than $250,000; (vi) greater than $250,000.

The value of assets of (1) the dependent children of a public employee or (2) a public officer, his or her spouse and dependent children need not be disclosed unless specifically requested by the Governor or the Executive Commission on Ethical Standards.

d. A list of all liabilities of the public employee or public officer, his or her spouse, and dependent children, valued by category in the same manner as required by paragraph c above, except liabilities which are:

(i) less than $10,000 and owed to a relative as defined in Section 6 hereof;

(ii) less than $1,000 and owed to any other person;

(iii) loans secured by a personal motor vehicle, household furniture or appliances where the loan did not exceed the purchase price of the item and the outstanding balance did not exceed $10,000 as of the close of the preceding calendar year; and

(iv) revolving charge accounts where the outstanding liability does not exceed $10,000 as of the close of the preceding calendar year;

e. A list of all liabilities otherwise subject to disclosure pursuant to paragraph d above of the public employee or public officer, his or her spouse, and dependent children which have been forgiven by the creditor within 12 months of the statement date. For each such forgiven liability so listed, the name of the creditor to whom such liability was owed shall be stated;

f. a list of all sources of income of the public employee or public officer, his or her spouse, and dependent children including all compensated employment of whatever nature, all directorships or other fiduciary positions for which compensation has or will be claimed, all capital gains including a description of the individual sources of such gains, all contractual arrangements producing or expected to produce income, and all honoraria, lecture fees and other miscellaneous sources of income including, but not limited to, interest, dividends, royalties and rents. Statements filed before July 1 of any year shall disclose sources of income for the preceding calendar year. Statements filed after July 1 of any year shall provide this information for the twelve-month period immediately preceding the filing date. The amounts of such income received shall be listed and valued by category in the same manner of assets as set forth in paragraph c(i) through (vi) above. The amount of income of (1) the dependent children of a public employee or (2) a public officer, his or her spouse and dependent children need not be disclosed unless specifically requested by the Governor or the Executive Commission on Ethical Standards. Sources of income that are not required to be reported are:

(i) cash gifts in an aggregated amount of less than $100 received during the preceding twelve months from a person;

(ii) non-cash gifts with an aggregated fair market value of less than $200 received during the preceding twelve months from a person; and

(iii) gifts from an aggregated cash or fair market value of less than $3,000 received during the preceding twelve months from a relative as defined in Section 6 hereof.

g. A list of any offices, trusteeships, directorships or positions of any nature, whether compensated or uncompensated, held by the public employee or public officer, his or her spouse, and dependent children with any firm, corporation, association, partnership or business. If any firm, corporation, association, partnership or business does business with or is licensed, regulated or inspected by a State agency or does business with a casino license holder or applicant, the State agency, casino or applicant must be identified.

2. Each statement shall contain a certification by the public employee or public officer that he or she has read the statement, that to the best of his or her knowledge and belief it is true, correct and complete and that he or she has not transferred and will not transfer any asset, interest or property for the purpose of concealing it from disclosure while retaining an equitable interest therein.

3. a. Within 120 days from the effective date of this Order, each public employee and public officer who has not already done so shall file the signed and notarized statement required herein with the Office of the Governor's Counsel and one copy bearing an original signature and notarization with the Executive Commission on Ethical Standards. In furtherance of its duties under the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq. and pursuant to this Executive Order, the Executive Commission on Ethical Standards shall review each statement to determine its conformity with the provisions of this Order and other applicable provisions of the law. Upon approving such statement for filing, the Commission shall file and maintain a copy of it for public inspection and copying in accordance with the procedures set forth in N.J.S.A. 47:1A-1 et seq.;

b. Each prospective public employee and public officer shall, before assuming the office to which he or she has been appointed, satisfy the filing requirements of this Order, unless the Attorney General grants to such public employee or public officer an extension from the filing deadline. Such an extension shall not be granted more than twice and shall not be for more than 30 days each;

c. Updated statements shall be filed on the May 15 next succeeding the submission of the original statement and each May 15 thereafter provided, however, that public employees and public officers who file statements on or after January 18, 1994 but prior to May 15, 1994 need not file an updated statement on May 15, 1994 so long as the person who submitted such statement is a public employee or public officer of this State as defined in Section 6 of this Order.

4. The Executive Commission on Ethical Standards shall keep the approved statements on file for so long as the person submitting such statements is a public employee or public officer of this State, and for five years thereafter.

5. The Executive Commission on Ethical Standards shall have the primary responsibility for assuring the proper administration and implementation of this Order and shall have the power to perform the acts necessary and convenient to this end, including, but not limited to, preparing and distributing forms and instructions to be utilized by public employees and public officers in complying with this Order.

6. Except as otherwise herein provided, for purposes of this Order:

a. "Public employee" shall mean any person holding any of the following offices in the Executive Branch of State government, together with any offices added to such list by subsequent Executive Order:

(1) The Governor; (2) The head of each principal department; (3) The assistant or deputy heads of each principal department to include all assistant and deputy commissioners of such departments; (4) The head and assistant heads of a division of each principal department, or any person exercising substantially similar authority for any board or commission which is organized as in but not of a principal department or any independent authority; (5) The executive or administrative head and assistant heads of (i) any board or commission which is organized as in but not of a principal department or (ii) any independent authority; (6) The following members of the staff of the Office of the Governor:

(i) Chief of Staff; (ii) Chief Counsel to the Governor; (iii) Chief, Office of Policy and Planning; (iv) Director of Communications; (v) Executive Assistant to the Governor and any deputy or principal administrative assistant to any of the foregoing members of the staff of the Office of the Governor;

(7) Members of the State Board of Agriculture; (8) Members of the State Board of Education; (9) Members of the Board of Higher Education; (10) Members of the State Parole Board; and (11) Presidents of the State colleges and universities.

b. "Public officer" shall mean:

(i) the members of the following boards, commissions, independent authorities and public corporations, together with any offices or bodies added to such list by subsequent Executive Order:

(1) Agricultural Development Committee; (2) Atlantic City Convention Center Authority; (3) Capital City Redevelopment Corporation; (4) Casino Reinvestment Development Authority; (5) Council on Affordable Housing; (6) Education Facilities Authority; (7) Election Law Enforcement Commission; (8) Hackensack Meadowlands Development Commission; (9) Hazardous Waste Facilities Siting Commission; (10) Health Care Administration Board; (11) Health Care Facilities Financing Authority; (12) Hospital Rate Setting Commission; (13) Low-Level Radioactive Waste Disposal Facility Siting Board; (14) Merit System Board; (15) New Jersey Building Authority; (16) New Jersey Commission on Science and Technology; (17) New Jersey Economic Development Authority; (18) New Jersey Expressway Authority; (19) New Jersey Highway Authority; (20) New Jersey Housing and Mortgage Financing Agency; (21) New Jersey Public Broadcasting Authority; (22) New Jersey Racing Commission; (23) New Jersey Sports and Exposition Authority; (24) New Jersey State Council on the Arts; (25) New Jersey Transit Corporation; (26) New Jersey Transportation Trust Fund Authority; (27) New Jersey Turnpike Authority; (28) New Jersey Urban Enterprise Zone Authority; (29) North Jersey District Water Supply Commission; (30) Passaic Valley Sewerage Commission; (31) Passaic Valley Water Commission; (32) Pinelands Commission; (33) Public Employment Relations Commission; (34) South Jersey Food Distribution Authority; (35) South Jersey Port Corporation; (36) South Jersey Transportation Authority; (37) State Athletic Control Board; (38) State Lottery Commission; (39) State Planning Commission; (40) Tidelands Resource Council; (41) Urban Development Corporation; (42) Wastewater Treatment Trust; and (43) Water Supply Authority.

(ii) individuals appointed as a New Jersey member to the following interstate agencies:

(1) Atlantic States Marine Fisheries Commission; (2) The Delaware River and Bay Authority; (3) Delaware River Basin Commission; (4) Delaware River Joint Toll Bridge Commission; (5) Delaware River Port Authority; (6) Delaware Valley Regional Planning Commission; (7) Interstate Sanitation Commission; (8) Northeast Interstate Low-Level Radioactive Waste Commission; (9) Palisades Interstate Park Commission; (10) Port Authority of New York and New Jersey; (11) The Port Authority Trans Hudson Corporation; (12) South Jersey Port Corporation; and (13) Waterfront Commission of New York Harbor.

c. "Government instrumentality" shall mean the Legislative, Judicial and Executive Branches of State government, including any office, department, division, bureau, board, commission, council, authority or agency therein and any county, municipality, district, public authority, public agency or other political subdivision or public body in the State;

d. "State agency" shall mean any of the principal departments in the Executive Branch of State government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, and any independent State authority, commission, instrumentality or agency;

e. "Relative" shall mean a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, great-grandfather, great-grandmother, brother, sister, nephew, niece, uncle or aunt. Relatives by adoption, half-blood, marriage or remarriage shall be treated as relatives of the whole kinship.

7. Executive Order Nos. 1 and 9 of Governor James J. Florio and any subsequent Executive Orders issued in conjunction therewith are hereby rescinded, and any regulations adopted and promulgated thereunder are hereby null and void.

II. Blind Trusts

1. For those situations where a blind trust may be utilized by a regular State employee or his or her spouse or dependent children and approved by the Executive Commission on Ethical Standards such trust shall contain the following characteristics:

a. The trust shall not contain investments or assets in which the holder's ownership right or interest is required to the recorded in a public office or those assets whose permanency makes transfer by the trustee improbable or impractical; these investments or assets would include, but not be limited to, businesses, real estate, security interests in personal property and mortgages;

b. The trust shall contain a clear statement of its purpose, namely, to remove from the grantor control and knowledge of investment of trust assets so that conflicts between grantor's responsibilities and duties as a regular State employee of the State of New Jersey and his or her private business or financial interests will be eliminated;

c. The trust shall be irrevocable, and shall be terminated only upon the death of the regular State employee or upon termination of his or her status as a regular State employee, whichever shall first occur;

d. The trustee shall be directed not to disclose to the grantor any information about any of the assets in the trust;

e. The trustee shall be required either to:

(i) prepare and file grantor's personal income tax returns, withholding from distribution of the trust's net income amounts sufficient to pay the grantor's tax; and further to participate in the audit of the grantor's returns during the period of the trust with authority to compromise the grantor's tax liability; or

(ii) submit to the grantor, for income tax purposes, a certification of income paid without identifying the assets producing such income;

f. Among its other powers, the trustee shall have authority to determine whether any of the assets originally transferred to the trustee are to be sold and, if so, when;

g. a provision shall be included in the trust agreement prohibiting the trustee from investing the trust property in corporations or businesses which it knows to a significant amount of business with the State of New Jersey or from knowingly making any investment in a corporation, business or venture over which the grantor has regulatory or supervisory authority by virtue of his or her official position;

h. The grantor shall retain no control over the trustee nor shall he or she be permitted to make any recommendations or suggestions as to the trust property;

i. The trustee shall be a commercial trustee and not a natural person;

j. The principal benefit to be retained by the grantor shall be the right to receive income from the assets transferred to the trust;

k. The trust shall not become effective until submitted and approved by the Executive Commission on Ethical Standards; and

l. The trust agreement shall provide that the trustee will give the Executive Commission on Ethical Standards access to any records or information related to the trust which is necessary for the performance of the Commission's duties.

2. A copy of the executed blind trust agreement shall be filed with the Executive Commission on Ethical Standards and with the head of the department in which the regular State employee holds his or her position. Attached to such copy shall be a brief statement outlining the business or financial interests from which the regular State employee seeks to remove himself or herself and the actual or potential conflicts of interest, or appearance of such conflicts, which he or she seeks to avoid by use of the trust agreement.

3. Executive Order No. 95 of Governor James J. Florio and any subsequent Executive Orders issued in conjunction therewith are hereby rescinded, and any regulations adopted and promulgated thereunder are hereby null and void.

III. Interests in Closely Held Corporations or Similar Entities

A. No regular State employee who is required by law or Executive Order to submit financial disclosure statements to the Executive Commission on Ethical Standards shall be permitted to retain any interest in any closely-held corporation, partnership, sole proprietorship, or similar business entity doing business with any federal, State, interstate or local government entity, except as provided in subsection 3 below.

1. Any such regular State employee who is employed as of the date of this Executive Order, and who retains any interest in any closely-held corporation, partnership, sole proprietorship, or similar business entity doing business with any federal, State, interstate or local government entity, shall notify the Executive Commission on Ethical Standards as to his or her interest, and his or her spouse's interest, in such a business entity with 120 days of the effective date of this Order. The Executive Commission on Ethical Standards shall review this disclosure statement to determine whether the business entities in which the employee has an interest are engaged in government-related business within the meaning of this Executive Order, and whether the holdings are in compliance with the Conflicts of Interest Law, N.J.S.A. 52:13D-1 et. seq. and this Executive Order. No later than September 15, 1994, the Executive Commission on Ethical Standards shall notify the employee of its findings. The employee shall be afforded 120 days after the date of notification to effectuate the orderly disposition of any asset, or to demonstrate to the Executive Commission on Ethical Standards that the business entity has ceased to do business with a government entity in a manner prohibited by this Executive Order.

2. After the issuance of this Executive Order, no State agency shall employ any person in a covered position who at the time of employment holds any interest in any closely held corporation, partnership, sole proprietorship or similar business entity doing business with any federal, State, interstate, or local government entity, except as provided in subsection 3 below. No individual seeking employment in such a position shall divest a covered asset in a manner otherwise prohibited by this Executive Order for the purpose of satisfying the provisions of this Executive Order. Furthermore, no employee shall obtain any prohibited interest in a business entity during the employee's tenure.

3. The provisions of subsections III A1 and III A2 shall not apply to any purchase, sale, contract, or agreement with any government entity other than a State agency, which is made or awarded after public notice and competitive bidding as provided by the Local Government Contracts Law, N.J.S.A. 40A:11-1 et seq., or such similar provisions contained in the public bidding laws or regulations applicable to any government entity in this State or any other jurisdiction, provided that any such purchase, sale, contract or agreement, including a change in orders and amendments thereto, shall receive the prior approval of the Executive Commission on Ethical Standards. The provisions of subsections III A1 and III A2 do apply where the purchase, sale, contract or agreement is authorized by any of the exceptions (e.g., professional or technical services, emergent matters, and unique compatibility) provided by the Local Government Contracts Law, N.J.S.A. 40A:11-1 et seq., or such similar provisions contained in the public bidding laws or regulations of any other jurisdiction.

B. No regular State employee or special State officer who is required by law or Executive Order to submit a financial disclosure statement to the Executive Commission on Ethical Standards shall retain any interest in any closely-held corporation, partnership, sole proprietorship or similar business entity unless the Executive Commission on Ethical Standards shall have first determined that the employee or officer may retain such an interest in such business entity.

1. Each regular State employee or special State officer who is employed or appointed as of the date of this Executive Order shall notify the Executive Commission on Ethical Standards as to his or her interest, and his or her spouse's interest, in any such business entity within 120 days of the effective date of this Order. The Executive Commission on Ethical Standards shall review the disclosure statement and shall determine whether the employee or officer may retain such interest in the business entity consistent with the standards set forth in the Conflicts of Interest Law, N.J.S.A. 52:13D-1, et seq. and this Executive Order. The Executive Commission on Ethical Standards shall notify the State employee or officer of its findings no later than September 15, 1994. The employee or officer shall be afforded 120 days after the date of notification to effectuate the orderly disposition of any asset or to demonstrate that the business entity has ceased the business activity in question.

2. After the issuance of this Executive Order, no State agency shall employ or appoint any regular State employee or special State officer to a covered position if such person holds any interest in any closely-held corporation, partnership, sole proprietorship or similar business entity, unless the Executive Commission on Ethical Standards has reviewed such interest and determined that the employee or officer may retain such an interest. a person seeking such employment or appointment shall disclose to the Executive Commission on Ethical Standards his or her interest, and his or her spouse's interest, in any such business entity as soon as practicable, and the Executive Commission on Ethical Standards shall render a determination no later than 30 days after receiving such disclosure, or at its next regularly scheduled meeting. No individual seeking employment or appointment to such a position shall divest a covered asset in a manner otherwise prohibited by this Executive Order for the purpose of satisfying the provisions of this Executive Order.

C. The Executive Commission on Ethical Standards shall review all financial disclosure statements as they may from time to time be submitted by regular State employees and special State officers to determine whether the covered persons have obtained ownership or interest in any assets that give rise to a present or potential conflict of interest, or a present or potential appearance of a conflict of interest, within the meaning of this Executive Order.

D. Each regular State employee or special State officer shall amend his or her financial disclosure statement within 30 days of gaining knowledge of (a) his or her, or his or her spouse's acquisition of any interest in any closely-held corporation, partnership, sole proprietorship or similar business entity; or (b) the commencement of any business activity covered by the provisions of this Executive Order and as determined by the Executive Commission on Ethical Standards, including, for example, a change in business plan authorizing business activity with a federal, State, interstate or local government entity, by a business in which the officer or employee or the employee's or officer's spouse has an interest covered by this Executive Order.

E. Any regular State employee or special State officer subject to this Executive Order who acquires an interest prohibited under this Executive Order by way of inheritance, bequest or similar circumstances beyond his or her control shall follow the procedures for disclosure and disposition set forth in Section III A and Section III B of this Executive Order.

F. all required divestitures shall be subject to the following conditions:

1. Divestiture must occur within the time periods prescribed above.

2. Ownership or control of the asset may not be transferred to a member of the regular State employee's or special State officer's immediate family.

3. The terms and conditions of any conveyance of ownership and control of the asset shall not contain any provisions regarding the return of the asset to the regular State employee or special State officer subsequent to his or her State service.

G. For the purpose of Section II and Section III of this Order:

1. "Member of the immediate family" shall mean a spouse, child, parent or sibling residing in the same household.

2. "Asset" shall mean property of any kind, real and personal, tangible and intangible, having a value greater than $1,000.

3. "Interest" in a closely held corporation, partnership, sole proprietorship or similar business entity shall mean any ownership or control of any profits or assets of such business entity.

4. "Doing business" with any federal, State or local government entity shall mean business or commercial transactions involving the sale, conveyance or rental of any goods or services, and shall not include such activities as compliance with regulatory procedures.

5. "Regular State employee" shall have the same meaning as "State officer or employee" as set forth at N.J.S.A. 52:13D-13b, and "special State officer" shall have the same meaning as "Special State officer or employee" as set forth at N.J.S.A. 52:13D-13e.

6. "State agency" shall mean any of the principal departments of State government and any entity allocated therein in conformance with N.J. Const. (1947), Art. V, Sec. IV, para. 1.

IV. Sanctions and Effective Date

A. The failure of any employee or officer covered by Sections I, II and III of this Executive Order to comply with the provisions of this Executive Order shall constitute good cause for his or her removal from employment or office.

B. This Executive Order shall take effect immediately.

GIVEN, under my hand and seal,
this 18th day of January in the year
of Our Lord, One Thousand Nine
Hundred and Ninety Four, and of
the Independence of the
United States, the two hundred and eighteenth.

/s/ Christine Todd Whitman
GOVERNOR

Attest:

/s/ Peter Verniero
Chief Counsel to the Governor

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