N.J. Stat. tit. 52, ch. 15A

N.J. Stat. § 52:15A-1 Short title

This act may be cited as "The Gubernatorial Transition Act." L.1969, c. 213, s. 1, eff. Nov. 5, 1969.

N.J. Stat. § 52:15A-2 Legislative declaration; purpose of act

The Legislature declares it to be the purpose of this act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a Governor and the inauguration of a new Governor. The interest of the State of New Jersey requires that such transitions in the office of Governor be accomplished so as to assure continuity in the conduct of the affairs of the State Government. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the State of New Jersey and its people. Accordingly, it is the intent of the Legislature that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this act directed toward that purpose, it is the intent of the Legislature that all officers of the State Government so conduct the affairs of the State Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of Governor, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of Governor. L.1969, c. 213, s. 2, eff. Nov. 5, 1969.

N.J. Stat. § 52:15A-3 Services and facilities provided to Governor-elect upon request.

3. (a) The Director of the Division of Purchase and Property referred to in P.L.1969, c.213 (C.52:15A-1 et seq.) as "the director," is authorized to provide, upon request, to each Governor-elect, for use in connection with the Governor-elect's preparations for the assumption of official duties as Governor necessary services and facilities, including: (1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies as determined by the director, after consultation with the Governor-elect, or a designee provided for in subsection (e) of this section, at any place or places within the State of New Jersey as the Governor-elect shall designate; (2) Payment of the compensation of members of office staffs designated by the Governor-elect at rates determined by the Governor-elect. Provided, that any employee of any agency of any branch of the State Government may be detailed to these staffs on a reimbursable or nonreimbursable basis with the consent of the head of the agency; and while so detailed the employee shall be responsible only to the Governor-elect for the performance of the employee's duties. Provided further, that any employee so detailed shall continue to receive the compensation provided pursuant to law for the employee's regular employment, and shall retain the rights and privileges of this employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the State Government, except for purposes of the Public Employees' Retirement System, P.L.1954, c.84 (C.43:15A-1 et seq.) and the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.); (3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the Governor-elect may be authorized at rates not to exceed $100 per diem for individuals; (4) Payment of travel expenses and subsistence allowances, including rental by the State Government of hired motor vehicles, found necessary by the Governor-elect, as authorized for persons employed intermittently or for persons serving without compensation, as may be appropriate; (5) Communications services found necessary by the Governor-elect; (6) Payment of expenses for necessary printing and binding; (7) Payment of expenses related to confidential character, financial, and criminal background investigations of applicants for positions of a lower rank than cabinet-level when deemed necessary by the Governor-elect or the Governor-elect's assistant designated pursuant to subsection e. of this section. (b) The director shall not expend funds for the provision of services and facilities under P.L.1969, c.213 (C.52:15A-1 et seq.) in connection with any obligations incurred by the Governor-elect before the day following the date of the general elections. (c) The term "Governor-elect" as used in P.L.1969, c.213 (C.52:15A-1 et seq.) shall mean such person as is the apparent successful candidate for the office of Governor, respectively, as ascertained by the Secretary of State following the general election. (d) Each Governor-elect shall be entitled to conveyance of all mail matter, including airmail, sent by the Governor-elect in connection with preparations for the assumption of official duties as Governor. (e) Each Governor-elect may designate to the director an assistant authorized to make on the Governor-elect's behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under P.L.1969, c.213 (C.52:15A-1 et seq.). (f) In the case where the Governor-elect is the incumbent Governor there shall be no expenditures of funds for the provision of services and facilities to the incumbent under P.L.1969, c.213 (C.52:15A-1 et seq.), and any funds appropriated for these purposes shall be returned to the general funds of the treasury. (g) The salary of each person receiving compensation as a member of the office staff under paragraph (2) subsection (a) of this section, other than one detailed from an agency, shall be reported to the State Ethics Commission and made available by the commission to the public. Each person shall complete the training program required pursuant to section 2 of P.L.2005, c.382 (C.52:13D-21.1) promptly after employment, and shall be provided by the commission, and shall acknowledge receipt thereof, with all ethics materials, forms, codes, guides, orders and notices required to be distributed to State employees. The Governor-elect shall designate which of these persons shall (1) file with the commission the financial disclosure statement required of State officers and employees by law, regulation, or executive order and (2) certify that the person is not in violation of ethical standards or conflicts of interest restrictions or requirements. L.1969, c.213, s.3; amended 2005, c.382, s.14; 2019, c.345, s.1.

N.J. Stat. § 52:15A-4 Services and facilities provided to former governor upon request; rights of employees

The director is authorized to provide, upon request, to each former Governor, for a period not to exceed 6 months from the date of the expiration of his term of office as Governor, for use in connection with winding up the affairs of his office, necessary services and facilities of the same general character as authorized by this act to be provided to Governors-elect. Any person who was serving on the staff of the Governor immediately prior to the expiration of his term of office and is appointed to serve the former Governor pursuant to this section shall, during such employment, continue to be an employee of the State Government with all the same rights, privileges and benefits, other than with respect to the amount of his salary, as he theretofore enjoyed; any other person appointed or detailed to serve a former Governor under authority of this section shall be appointed or detailed in accordance with and shall be subject to all of the provisions of section 3 of this act applicable to persons appointed or detailed under authority of that section. L.1969, c. 213, s. 4, eff. Nov. 5, 1969. Amended by L.1973, c. 241, s. 1, eff. Nov. 21, 1973.

N.J. Stat. § 52:15A-5 Appropriation of funds

There are hereby authorized to be appropriated to the director such funds as may be necessary for carrying out the purposes of this act to remain available during the fiscal year in which the transition occurs and the next succeeding fiscal year. The Governor shall include in the budget transmitted to the Legislature, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this act. L.1969, c. 213, s. 5, eff. Nov. 5, 1969. Amended by L.1973, c. 241, s. 2, eff. Nov. 21, 1973.

N.J. Stat. § 52:15A-6 Appointment of Equal Employment Opportunity and Affirmative Action officer for gubernatorial transitions.

1. The chairperson of the Civil Service Commission shall designate an individual who shall be an employee in the human resources office of the Civil Service Commission to serve as Equal Employment Opportunity and Affirmative Action officer for gubernatorial transitions. The Equal Employment Opportunity and Affirmative Action officer shall be made available to every individual, whether or not receiving compensation, rendering service to the transition. All members of the transition office staffs shall be notified as to the identity and contact information of the officer upon joining the gubernatorial transition. The officer shall notify each individual making a complaint of discrimination as to the authority and jurisdiction, if any, of the officer and the State to take formal action with respect to such complaint. The Equal Employment Opportunity and Affirmative Action officer shall continue to receive the compensation provided pursuant to law for the officer's regular employment, and shall retain the rights and privileges of such employment without interruption. L.2019, c.344, s.1.