SENATE CONCURRENT RESOLUTION No. 148
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED OCTOBER 29, 2018
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Co-Sponsored by:
Assemblymen Conaway, Wirths, Space, Assemblywomen Jones and Lopez
SYNOPSIS
Constitutes special committee of Senate and General Assembly entitled “New Jersey Legislative Select Oversight Committee.”
CURRENT VERSION OF TEXT
As amended by the Senate on October 29, 2018.
A Concurrent Resolution constituting a special committee of the Senate and General Assembly entitled the “New Jersey Legislative Select Oversight Committee.”
Whereas, Gubernatorial transition office employees are, in fact, employees of the State of New Jersey; and
Whereas, Recent newspaper accounts have given rise to allegations of sexual misconduct by a government official who was a member of the Governor’s transition team and was subsequently hired to serve in the Governor’s administration (the “Government Official”), and the review of the matter by the Hudson County Prosecutor; and
Whereas, It has been asserted that other individuals who have held positions with the Governor’s transition team or administration have previously engaged in conduct that may be unbecoming of officials in the public sector; and
Whereas, The Legislature, as a co-equal branch of government, has an oversight responsibility to undertake a review of the State's policies and procedures that address these issues and to consider improvements thereto; and
Whereas, A State legislative committee would be able to make recommendations for stronger laws that have greater clarity and provide for additional safeguards that ensure survivors are treated with dignity and respect and that laws exist that properly address labor, hiring recusal, and conflict issues; and
Whereas, It is fitting for the Legislature, through an appropriate committee, to investigate and act upon all aspects of these matters; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. There
is constituted a special committee of the Senate and General Assembly entitled
the “New Jersey Legislative Select Oversight Committee,” comprised of 15
members. Six members shall be appointed by the Senate President, not more
than four of whom shall be of the same political party. Nine members
shall be appointed by the Speaker of the General Assembly, not more than six of
whom shall be of the same political party. There shall be two co-chairs
of the special committee appointed jointly by the Senate President and Assembly
Speaker from among the appointed members. There shall be two vice co-chairs of
the special committee, who shall not be members of the same political party as
the co-chairs, appointed jointly by the Senate President and Assembly Speaker
from among the appointed members.
2. The New Jersey Legislative Select Oversight Committee shall review: a. the appropriateness of the Hudson County Prosecutor’s actions to oversee the handling of the certain allegations of sexual assault by the Government Official 1upon completion of Attorney General’s review but not later than January 5, 20191 and b. all aspects of the policies and procedures regarding the screening of prospective employees and continued employment in the public sector of persons with questionable backgrounds, including any operations or practices concerning the handling of claims of sexual assault, abuse, or harassment. The committee shall issue a report of its findings and make recommendations on potential improvements to create meaningful policy changes, including possible recommendations regarding eligibility and screening for public sector employees, including senior level employees.
3. For the purposes of carrying out its charge under this resolution, the New Jersey Legislative Select Oversight Committee shall have all the powers conferred under the laws and the Constitutions of the State of New Jersey and of the United States, including, but not limited to, the following powers, provided that no subpoena shall be issued by the committee without the written consent of both co-chairs, both vice co-chairs, the President of the Senate and the Speaker of the General Assembly:
a. the powers 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;
b. 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;
c. to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;
d. 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;
e. to utilize the powers provided under R.S.52:13-3 or hold individuals or entities in contempt of the committee;
f. 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 that the committee may request.
g. to respond to any judicial or other process, or to make application to the courts of this State, or any other state, or the United States;
h. to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and
i. to adopt additional rules or procedures not inconsistent with this resolution.
4. a. The New Jersey Legislative Select Oversight Committee 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 Oversight Committee, upon the written approval of the President of the Senate and the Speaker of the General Assembly, shall be entitled to call to its assistance, employ, and avail itself of the services of one or more special counsel retained to assist the New Jersey Legislative Select Oversight Committee.
5. This concurrent resolution shall take effect immediately.