WHELAN BILL TO IMPROVE APPOINTMENT PROCESS OF STATE ETHICS COMMISSION ADVANCES

TRENTON – Legislation sponsored by Senator Jim Whelan that would create new qualification requirements for members of the State Ethics Commission and overhaul the appointment process was approved by the Senate State Government, Wagering, Tourism & Historic Preservation Committee today.

“The State Ethics Commission plays an important role in the establishment and enforcement of ethical standards for state employees,” said Senator Whelan (D-Atlantic). “Ensuring that it is free of political influence will not only maintain the Commission’s independence and impartiality, but it will preserve the integrity and the public’s trust in its work.”

The State Ethics Commission was created to administer and enforce the New Jersey Conflicts of Interest Law and some sections of the Casino Control Act. Under current law, the Commission is comprised of four public members and three members appointed by the Executive Branch.

The proposed bill, S-2100, would require that, of those three Executive Branch appointees, one is an officer or employee of the Division of Law in the Department of Law and Public Safety and another is an officer or employee of the Office of the State Comptroller.

The bill would also create an Appointment Advisory Panel comprised of six retired judges or retired justices of the Superior or Supreme Courts of New Jersey, with no more than three members from the same political party. Under the bill, one of the panel’s members would be appointed by the Governor, one by the Chief Justice of the New Jersey Supreme Court, one by the Senate President, one by the Senate Minority Leader, one by the Assembly Speaker, and the last by the Assembly Minority Leader.

Three months before the end of a commission member’s term, or five days after a vacancy, the Governor, the Attorney General, or the Commission would notify the panel of the vacancy. The panel would convene within five days of receiving notice and, within 60 days, provide a list of three possible replacement candidates to the Governor. If within ten days of receiving the list, the Governor chooses to nominate an alternative, the bill requires that appointment be subject to the advice and consent of the Senate.

“The new appointment procedure proposed under the bill will serve to remove politics from the selection process, which has come under criticism in the past, and eliminate doubt over the work of the State Ethics Commission,” added Senator Whelan.

The bill would further require that all members of the commission and the panel be residents of the State, at the time of their appointment and during service on the commission or panel. It would take effect immediately upon passage. Six months after the effective date, all terms of current members of the commission would be terminated, but would be eligible for reappointment.

The bill was released from the Senate State Government Committee by a vote of 4-0. It now heads to the full Senate for consideration.