Bill Text: NJ SCR147 | 2018-2019 | Regular Session | Introduced


Bill Title: Creates special committee of Senate and General Assembly entitled "New Jersey Legislative Select Committee on Investigation."

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-10-18 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [SCR147 Detail]

Download: New_Jersey-2018-SCR147-Introduced.html

SENATE CONCURRENT RESOLUTION No. 147

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 18, 2018

 


 

Sponsored by:

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Creates special committee of Senate and General Assembly entitled "New Jersey Legislative Select Committee on Investigation."

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Concurrent Resolution creating a special committee of the Senate and General Assembly entitled the "New Jersey Legislative Select Committee on Investigation."

 

Whereas, Certain individuals employed by Governor Phillip D. Murphy's administration have a history of actual or likely criminal misconduct that calls into question their fitness for employment in the public sector; and

Whereas, Marcellus Jackson, a former Passaic City councilman who served time in prison for taking bribes from undercover FBI agents, has been employed in the State Department of Education; and 

Whereas, Derrick Green, who is currently employed in the office of the Secretary of State and whose firm was hired by the Murphy campaign to help get out the vote, was tied to a campaign finance scandal under investigation in Bermuda; and

Whereas, Albert J. Alvarez was investigated by the Hudson County Prosecutor's Office for alleged criminal sexual misconduct on a campaign volunteer in her home and then held positions in the Governor-elect Transition 2018 office and the office of Murphy for Governor and remained employed by Governor Murphy's administration until resigning on October 2, 2018; and

Whereas, Although the Governor has directed a review be conducted of the State's policies and procedures to address improvements, only the Legislature has the power to complete a thorough investigation that obtains testimony from the Governor's campaign office and administration, as well as from the relevant prosecutors' offices, and only the Legislature can create meaningful policy changes; and

Whereas, While the Governor has announced an "independent investigation" into some of these matters, it appears that the focus of that effort will be limited to the hiring practices of his transition team and it seems unlikely that an investigation of such limited scope will be sufficient to answer the serious questions that have been raised about the employment practices of this administration, both before and since Governor Murphy assumed office; and

Whereas, It is fitting for the Legislature through an appropriate committee to investigate all aspects of the allegations, hiring practices and management of the allegations by the administration; now, therefore,

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.  There is created a special committee of the Senate and General Assembly entitled the "New Jersey Legislative Select Committee on Investigation," comprised of 12 members.  Six members are to be appointed by the Speaker of the General Assembly, not more than three of whom shall be of the same political party.  The Minority Leader of the General Assembly shall submit to the Speaker a list of the Minority Leader's recommendations of members to the special committee.  Six members are to be appointed by the Senate President, not more than three of whom shall be of the same political party.  The Minority Leader of the Senate shall submit to the Senate President a list of the Minority Leader's recommendations of members to the special committee.  There shall be two co-chairs of the special committee, appointed from different political parties, one of whom shall be appointed by the Senate President from among the appointed members and one of whom shall be appointed by the Speaker from among the appointed members.

 

     2.    The New Jersey Legislative Select Committee on Investigation shall investigate all aspects of the policies, procedures, and management of the Governor's office, the Governor-elect Transition 2018 office, the office of Murphy for Governor, and any other governmental entity regarding the hiring and continued employment of persons with questionable backgrounds in the Governor's administration, or any other operations or practices of the Governor's administration pertaining to the general public welfare, including but not limited to, any operations or practices concerning the handling of claims of sexual harassment or misconduct.   The committee shall issue a report of its findings and make recommendations on potential improvements to create meaningful policy changes, including possible legislative recommendations regarding eligibility and background checks for senior level campaign staff and for senior level Executive Branch employees.

 

     3.  For the purposes of carrying out its charge under this resolution, the New Jersey Legislative Select Committee on Investigation shall have all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers:

     (1)  conferred pursuant to chapter 13 of Title 52 of the Revised Statutes, including, but not limited to, the power to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data;

     (2) to hold hearings, take testimony under oath, and receive documentary or physical evidence relating to the matters and questions it is authorized to investigate or study;

(3) to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;

(4) to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection;

     (5) to utilize the powers provided under R.S.52:13-3 or hold individuals or entities in contempt of the committee;

     (6) to make findings and reports to the Senate and General Assembly of any recommendations, including recommendations for enforcement, that the committee may consider appropriate with respect to the willful failure or refusal of any person to appear before it, to answer questions or give testimony during an appearance of that person as a witness, or to produce before the committee any books, papers, correspondence, other documents and materials, and electronic records and data in compliance with any subpoena;

     (7) to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States;

     (8) to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and

     (9) to adopt additional rules or procedures not inconsistent with this resolution.

 

     4.    a.        The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance and avail itself of the services of the employees of the State of New Jersey, any political subdivision of the State, and any agency thereof, as may be required and as may be available for that purpose, and to employ any other services as may be deemed necessary, in order to perform the duties provided herein, and within the limits of funds appropriated or otherwise made available for that purpose.

b.  The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance, employ, and avail itself of the services of special counsel retained to assist the New Jersey Legislative Select Committee on Investigation.

 

     5.    This concurrent resolution shall take effect immediately and the special committee's powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire at noon on Tuesday, January 14, 2020.

 

 

STATEMENT

 

     This concurrent resolution creates a special committee of the Senate and General Assembly, entitled the "New Jersey Legislative Select Committee on Investigation," charged with investigating all aspects of Executive Branch hiring practices and the employment of individuals with a history of criminal misconduct.

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