Bill Text: NJ A356 | 2012-2013 | Regular Session | Introduced
Bill Title: Authorizes the appointment of an independent counsel to investigate allegations concerning the New Jersey Schools Construction Corporation.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Education Committee [A356 Detail]
Download: New_Jersey-2012-A356-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DAVID W. WOLFE
District 10 (Ocean)
Co-Sponsored by:
Assemblywoman McHose
SYNOPSIS
Authorizes the appointment of an independent counsel to investigate allegations concerning the New Jersey Schools Construction Corporation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing an independent counsel to investigate and review allegations concerning the New Jersey Schools Construction Corporation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The enactment of the "Educational Facilities Construction and Financing Act," P.L.2000, c.72 (C.18A:7G-1 et seq.) established an $8.6 billion school construction program;
b. The New Jersey Schools Construction Corporation (the "SCC"), created in 2002, is responsible for financing, designing and constructing all school facilities projects in the Abbott Districts and other needy districts;
c. Because of allegations of waste, mismanagement, and fraud in the school construction process, the Office of the Inspector General began a review of the SCC in February 2005;
d. Inspector General Mary Jane Cooper informed the Assembly Education Committee on January 26, 2006 that certain SCC staff and contractors may be referred for criminal prosecution;
e. An independent review of these matters is necessary in order to properly investigate and, if necessary, prosecute allegations of criminal misconduct surrounding the Schools Construction Corporation.
2. a. Within 30 days of the effective date of this act, the Governor shall appoint as independent counsel a person with appropriate experience to investigate allegations of fraud, mismanagement and criminal misconduct by employees and contractors of the New Jersey Schools Construction Corporation. The Governor shall not appoint as independent counsel any person who holds any public office in this State.
b. In appointing the independent counsel, the Governor shall file with the Superior Court a document outlining the scope of the independent counsel's jurisdiction. In doing so, the Governor shall assure that the independent counsel has adequate authority to fully investigate and prosecute all aspects of the matter.
3. a. Notwithstanding any other provision of law to the contrary, an independent counsel appointed pursuant to the provisions of this act shall have, with respect to all matters in the independent counsel's jurisdiction, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General. Such investigative and prosecutorial functions and powers shall include:
(1) Conducting proceedings before the grand jury and other investigations;
(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the independent counsel considers necessary;
(3) Appealing any decision of a court in any case or proceeding in which the independent counsel participates in an official capacity;
(4) Reviewing all documentary evidence available from any source;
(5) Determining whether to contest the assertion of any testimonial privilege;
(6) Making application to the Superior Court for a grant of immunity to any witness or for warrants, subpoenas or other court orders; and
(7) Initiating and conducting prosecutions, framing and signing indictments, filing information, and handling all aspects of any case, in the name of the State of New Jersey.
b. The independent counsel appointed pursuant to this act shall receive compensation at the per diem rate established by the Supreme Court for retired Superior Court judges serving on a recall basis.
c. The independent counsel may request assistance from the Department of Law and Public Safety in carrying out the functions of the independent counsel, and the department shall provide that assistance, which may include access to any records, files, or other material relevant to matters within the independent counsel's jurisdiction and the use of the resources and personnel necessary to perform such duties.
d. The Department of Law and Public Safety shall pay all costs relating to the establishment and operation of the office of independent counsel.
e. The independent counsel shall where possible comply with the written or other established policies of the Department of Law and Public Safety with respect to the enforcement of the criminal laws.
4. The independent counsel appointed under this act may be removed from office by the Governor only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the independent counsel's duties.
5. The appointment of the independent counsel shall terminate when:
a. The independent counsel notifies the Attorney General that the investigation of all matters within the jurisdiction of the independent counsel and any resulting prosecutions have been completed or so substantially completed that it would be appropriate for the Department of Law and Public Safety to complete such investigations and prosecutions; and
b. The independent counsel has filed a final report with the Legislature with regard to the investigation.
6. This act shall take effect immediately.
STATEMENT
The New Jersey Schools Construction Corporation (the "SCC"), created in 2002, is responsible for an $8.6 billion school construction program in Abbott districts and other needy school districts. Because of allegations of waste, mismanagement, and fraud in the school construction process, the Office of the Inspector General began a review of the SCC in February 2005.
According to Inspector General Mary Jane Cooper, certain SCC staff and contractors may be referred for criminal prosecution.
It is the view of the sponsors that an independent review of these matters, conducted by an independent counsel, is needed in order to properly investigate and, if necessary, prosecute allegations of criminal misconduct surrounding the SCC.
Under the bill, the Governor would be required to appoint as independent counsel a person with appropriate experience to investigate allegations of fraud, mismanagement and criminal misconduct by employees and contractors of the SCC. The independent counsel could not be a person who holds any public office in this State.
The independent counsel would have full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General.
The appointment of the independent counsel would terminate when:
a. The independent counsel notifies the Attorney General that the investigation of all matters within the jurisdiction of the independent counsel and any resulting prosecutions have been completed or so substantially completed that it would be appropriate for the Department of Law and Public Safety to complete such investigations and prosecutions; and
b. The independent counsel has filed a final report with the Legislature with regard to the investigation.
