of Ethics Online Collection: None
RULES: EXECUTIVE COMMISSION ON ETHICAL STANDARDS
TABLE OF CONTENTS
19:61-1.1 Scope of rules
19:61-1.2 Meetings and offices
19:61-1.3 Presiding member
19:61-1.4 Quorum
19:61-1.5 Executive or open meetings
19:61-1.6 Majority vote
19:61-1.7 Conflict with agency rules
19:61-1.8 Enlargement of time
19:61-1.9 Administrative head
19:61-1.10 Definitions
SUBCHAPTER 2. JURISDICTION
19:61-2.1 Jurisdiction of the Commission
19:61-2.2 Agency Codes of Ethics
19:61-2.3 Procedure where Commission is without jurisdiction
19:61-2.4 Access to documents
19:61-2.5 Copies of documents; fees
SUBCHAPTER 3. PROCEEDINGS
19:61-3.1 Allegations; procedure
19:61-3.2 Subpoena for witnesses
19:61-3.3 Allegation by member of Commission
19:61-3.4 Allegation before State agency
19:61-3.5 Determination by State agency
19:61-3.6 Relaxation of rules
SUBCHAPTER 4. ADVISORY OPINIONS
19:61-4.1 Requests for advisory opinions
SUBCHAPTER 5. GENERAL PROVISIONS
19:61-5.1 Investigations and hearings
19:61-5.2 Publication2
19:61-5.3 Validity of rules of any portion declared invalid
19:61-5.4 Procedures to request Commission action to
promulgate, amend or repeal rules
19:61-5.5 Positions in State government with responsibility for
matters affecting casino activity
SUBCHAPTER 6. ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA,
AND ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS
19:61-6.1 Applicability
19:61-6.2 Definitions
19:61-6.3 Granting of approval
19:61-6.4 Attendance at an event sponsored by an interested
party
19:61-6.5 Attendance at an event sponsored by an entity other
than an interested party
19:61-6.6 Use of official title for private fundraising
19:61-6.7 Compensation for Published Works
19:61-6.8 Sample approval request form4
Any conflict between the rules established by the Commission and those
developed by the various State agencies to implement their respective Codes of Ethics
shall be resolved in favor of the rules established by the Commission.
19:61-1.8 Enlargement of time
A reasonable extension of time for the taking of any action for which these rules
prescribe a time limitation may be granted by the Commission upon a clear showing of
good cause and the absence of prejudice.
19:61-1.9 Administrative head
The Commission may appoint an Executive Director who shall serve as the
administrative head of the Commission. In the absence of an administrative head, the
Chair may designate an individual to serve as acting administrative head.
19:61-1.10 Definitions
The following words and terms, when used in this chapter shall have the
following meanings unless the context clearly indicates otherwise.
"Chair" and "Vice Chair" shall mean the members of the Executive Commission
on Ethical Standards designated by the Governor to serve as the Chair and Vice Chair
thereof.
"Commission" shall mean the Executive Commission on Ethical Standards
continued and established in the Department of Law and Public Safety by the provisions
of N.J.S.A. 52:13D-12 et seq.
"Preliminary investigation" means the investigative process undertaken by the
Commission and/or its staff and/or a departmental ethics liaison officer or departmental
ethics committee with regard to an allegation prior to review of and final action on the
allegation by the Commission at a public meeting, pursuant to either N.J.A.C. 19:61-
3.1(h) or (i).
SUBCHAPTER 2. JURISDICTION
19:61-2.1 Jurisdiction of the Commission
(a) The jurisdiction of the Commission shall extend to those situations arising
under the provisions of N.J.S.A. 52:13D-12 et seq., involving State officers and
employees, and special State officers and employees of the Executive Branch of the
5
government, and as granted under the provisions of Executive Orders and any other
statutes; and the Commission shall also have jurisdiction to enforce the provisions of
N.J.S.A. 5:12-58, 59 and 60.
(b) All determinations made by State agencies with regard to the Conflicts of
Interest Law or a Code of Ethics shall be filed with the Commission. It shall be within
the discretion of the Commission to review said determinations and affirm, reverse or
modify same.
19:61-2.2 Agency Code of Ethics
(a) State agencies shall include in their Codes of Ethics a requirement that all
employees annually disclose outside employment and/or business interests. The
disclosure procedure shall be formulated by each agency with respect to its particular
needs and problems. For example, an agency may find it administratively efficient to
exempt disclosure of specific kinds of outside employment (for example, part-time work
for businesses not related to the position of employment in the agency.)
(b) All disclosures made in accordance with said Code of Ethics requirements
shall be forwarded to the Commission for review.
(c) Each agency shall put into place a distribution procedure to ensure that each
current officer and employee and each new officer and employee receives a copy of the
agency Code of Ethics. Each officer or employee shall sign a receipt indicating the date
on which the Code was received and an acknowledgment that the officer or employee is
responsible for reading the Code and is bound by it. The receipt shall be maintained in
the officer’s or employee’s personnel file. Each copy of the Code of Ethics shall include a
notice to the officer or employee that he or she can seek clarification of the Code’s
provisions from the agency’s ethics liaison officer or from the Executive Commission on
Ethical Standards. For the purposes of this subsection, "officer" and "employee" shall
include State officers and employees and special State officers and employees as defined
by the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq.
19:6-2.3 Procedure where Commission is without jurisdiction
Whenever it shall appear that the Commission is without jurisdiction over a
matter brought before it, it shall so notify the person bringing the matter. Where possible,
the matter shall be forwarded to the proper agency for further action.
19:61-2.4 Access to documents
(a) Every financial disclosure statement accepted for filing by the Commission,
pleadings related to a complaint, all final orders, decisions and opinions shall be
maintained by the Commission as documents available to the public. Requests for
6
advisory opinions from the Commission and replies to requests for advisory opinions may
be made available to the public after consideration by the Commission.
(b) Any person shall, upon request, be afforded opportunity to examine a
document, or a photocopy of any document so maintained at the Commission offices
between 9:00 A.M. and 4:00 P.M. on business days.
19:61-2.5 Copies of documents; fees
(a) Photocopies of documents maintained by the Commission pursuant to
N.J.A.C. 19:61-2.4 shall be provided in accordance with the procedures and fees set forth
in N.J.S.A. 47:1A-1 et seq.
(b) Fees for photocopies shall be due and payable at such time as the photocopies
have been prepared.
SUBCHAPTER 3. PROCEEDINGS
19:61-3.1 Allegations; procedure
(a) Every allegation, whether written or oral, received by the Commission shall be
reviewed by the Commission’s staff for an initial determination as to whether the alleged
conduct falls within the jurisdiction of the Commission.
1. It shall be within the discretion of the Commission to transfer those allegations
involving the alleged violation of a code, rule, or regulation promulgated by a State
agency, to that agency for disposition in accord with its procedures.
2. It shall be within the discretion of the Commission to transfer those allegations
involving the alleged violation of another State statute to the appropriate enforcing
authority.
3. Any preliminary investigation by a departmental ethics liaison officer or a
departmental ethics committee shall be confidential.
(b) The Commission shall promptly conduct and complete a preliminary
investigation of all allegations; such investigation may include interviews of the
complainant, the State officer or employee involved, and any other individuals who
possess knowledge of the circumstances surrounding the alleged conduct.
(c) At the beginning of the preliminary investigation, the Commission shall
assign a case number to the allegation.
7
1. During the course of the preliminary investigation, the allegation shall be
identified only by case number, not by the names(s) of the State officers(s) or employee(s)
involved.
2. No information regarding the allegation shall be made public until after the
Commission action in accordance with (g) or (h) below. After the final determination of
a matter before the Commission and the expiration of any time for appeal, the
Commission shall consider requests for information related to the completed matter. The
contents of the Commission’s investigatory file, however, are confidential and shall not be
released except upon authorization of the Commission. The Commission shall consider
and determine whether the requester has a particularized need for the contents of the file
and has established an inability to obtain the requested information from other sources.
In its consideration the Commission shall balance the requester’s need against the public
interest to maintain the confidentiality of the files.
(d) After the conclusion of the preliminary investigation, the Commission shall
notify the employee(s) involved and the head of the department employing said State
officer(s) or employee(s) of the date of the meeting at which the Commission shall
consider the preliminary investigation.
(e) If a Commission member holds office or employment in the same Department
which employs the State officer or employee named in the allegation, he or she shall
disqualify himself or herself from participation in any decisional process relating to that
particular case.
(f) The Commission may, after review of the preliminary investigation, refer the
allegation to the department of the employee(s) involved for appropriate action.
(g) If the Commission finds that there has been no violation of N.J.S.A. 52:13D-12
et seq., or any code, rule, or regulation promulgated pursuant thereto, as alleged, it
shall dismiss the allegation.
(h) If the Commission determines that there are indications of a violation meriting
further investigation, a complaint shall be set down promptly for hearing at the Office of
Administrative Law pursuant to the requirements of the Administrative Procedure Act,
N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C.
1:1, or the Commission may hold the hearing itself. If the Commission hears the matter,
it shall follow the standards of the Administrative Procedure Act.
(i) After the hearing is concluded, a decision shall be issued in accordance with
the time frame set forth in the Administrative Procedure Act, N.J.S.A. 52:14B-10.
(j) If the Commission determines that the State officer or employee has violated
the provisions of N.J.S.A. 52:13D-12 et seq., or any code, rule, or regulation promulgated
by any State agency pursuant thereto, it shall fine said State officer or employee in
8
accordance with the provisions of N.J.S.A. 52:13D-21(i). An assessed penalty may be
collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A.
2A:58-1).
1. The Commission may further order or direct the State agency employing the
State officer or employee to suspend said officer or employee for a period not in excess of
one year.
2. Should the Commission find that the conduct of said State officer or employee
constitutes a willful and continuous disregard of the provisions of N.J.S.A. 52:13D-12 et
seq., or any code, rule, or regulation promulgated by any State agency pursuant thereto, it
may order or direct the State agency employing the State officer or employee to remove
the State officer or employee from his or her office of employment and may further direct
that the State agency bar such person from holding any public office or employment in
this State in any capacity whatsoever for a period of not exceeding five years from the
date on which he or she was found guilty by the Commission.
19:61-3.2 Subpoena for witnesses
(a) If the Commission shall determine that the testimony of any person or persons
is required, it may issue a subpoena in the name of the Commission requiring such person
or persons to appear and testify before the Commission, Commission member, or
Administrative staff member thereof, from day to day until the examination of such
person or persons shall be completed. The Chair or, in his or her absence, the Vice Chair
or, in the absence of both, the next-senior member, may make the determination, on
behalf of the Commission, to issue a subpoena.
(b) The subpoena may also contain a direction that such person bring with him or
her to the examination, any books, papers, or documents designated therein.
(c) If a person subpoenaed to attend any hearing refuses or fails to appear to be
examined, or to answer any question or to produce any books, records, accounts, papers
and documents when ordered to do so by the Commission, the Commission may apply to
the Superior Court to compel the person to comply forthwith with the subpoena, directive
or order of the Commission.
19:61-3.3 Allegation by member of Commission
Any member of the Commission may file an allegation with the Commission.
Said allegation shall thereafter be treated in accordance with N.J.A.C. 19:61-3.1, except
that the Commission member making the allegation shall thereafter be precluded from
participating in any decisional processes having to do with that particular cause.
9
19:61-3.4 Allegation before State agency
An allegation of the violation by a State officer or employee of a code, rule, or
regulation promulgated by a State agency pursuant to the provisions of N.J.S.A.
5[1]2:13D-12 et seq., may be filed with the State agency employing said officer or
employee in accord with the procedures established by the agency to process such
allegations. Upon receipt of such allegation, the State agency shall file a copy of same
with the Commission. It shall be within the discretion of the Commission to direct the
State agency to transfer the allegation to it for hearing in accord with N.J.A.C. 19:61-3.1.
19:61-3.5 Determination by State agency
Notice of all determinations made by State agencies in connection with hearings
conducted pursuant to N.J.A.C. 19:61-3.1 shall be filed with this Commission. All
determinations with respect to the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq.
which involve the removal of a State officer or employee or any other disciplinary actions
shall be effective when approved by this Commission.
19:61-3.6 Relaxation of rules
The rules set forth in this subchapter regarding the procedural requirements for the
filing of complaints may be relaxed by the Commission in any instance where it shall be
manifest to the Commission that a strict adherence to them will work surprise or injustice.
In any matter not expressly controlled by these rules or by statute, the Chair shall exercise
his or her discretion.
SUBCHAPTER 4. ADVISORY OPINIONS
19:61-4.1 Requests for advisory opinions
Requests for advisory opinions concerning whether a given set of facts and
circumstances would in the Commission’s opinion constitute possible violations of
N.J.S.A. 52:13D-12 et seq., or any code, rules or regulations promulgated pursuant
thereto, may be made by any person or persons. Advisory opinions rendered pursuant to
this section are only binding as to the facts and circumstances reviewed and considered in
the specific request. The Executive Director or designee shall have discretion to
determine a format appropriate to the circumstances of each request.
SUBCHAPTER 5. GENERAL PROVISIONS
19:61-5.1 Investigations and hearings
The Commission shall have the power to undertake investigations and hold
hearings into matters having relevance to the provisions of N.J.S.A. 52:13D-12 et seq.,
10
whether or not a formal allegation has been filed or request for advisory opinion made,
and to this end, the full investigative authority and subpoena power of the Commission
shall obtain and be available as required.
19:61-5.2 Publication
The Chair of the Commission shall cause to be filed with the Office of
Administrative Law:
1. All advisory opinions of the Commission rendered pursuant to N.J.S.A.
52:13D-21(g); and
2. Notice of any disciplinary action taken by the Commission pursuant to
N.J.S.A. 52:13D-21(i).
19:61-5.3 Validity of rules of any portion declared invalid
If any rule, sentence, paragraph or section of these rules or the application thereof
to any persons or circumstances shall be adjudged by a court of competent jurisdiction to
be invalid, or if by legislative action any rule shall lose its force and effect, such judgment
or action shall not affect, impair or void the remainder of these rules.
19:61-5.4 Procedure to request Commission action to promulgate, amend or repeal
rules
(a) Persons requesting Commission action to promulgate, amend or repeal rules
shall comply with Chapter 27, Laws of New Jersey 1981, Section II (N.J.S.A. 52:14B-4(
f)) and any amendments thereto and any implementing rules as adopted by the Office of
Administrative Law.
(b) Such persons may obtain forms for petitioning this Commission’s
Administrative Code Rules, from the Executive Commission on Ethical Standards.
(c) When considering the petition, the Commission shall comply with time lines
and procedures contained in Chapter 27, Laws of New Jersey 1981 Section II (N.J.S.A.
52:14B-4(f)).
19:61-5.5 Positions in State government with responsibility for matters affecting
casino activity
(a) The Executive Commission on Ethical Standards has, in consultation with the
Attorney General’s Office, determined that the following positions in State government
have responsibility for matters affecting casino activity and therefore are subject to the
restrictions of the Casino Ethics Amendment (N.J.S.A. 52:13D-17.2):
11
1. Department of Environmental Protection; Land Use Regulation Program, or
successor agencies:
i. Bureau of Coastal Regulation or successor agency (One chief and three
regional supervisors classified as Supervising Environmental Specialists or successors
performing those functions);
ii. Tidelands Resource Council or successor agency (members of the
Council);
2. Department of Community Affairs (Division of Codes and Standards) or
successor agencies:
i. Bureau of Construction Project Review or successor agency (Chief;
assistant chief; supervisor, plans approval or successors performing those functions);
ii. Bureau of Housing Inspection or successor agency (Chief; supervisor,
Housing Code Compliance assistant regional supervisor, Housing Code Enforcement or
successors performing those functions);
3. State Athletic Control Board or successor agency (Commissioner; three
members or successors performing those functions).
(b) The list in (a) above is in addition to the persons identified in N.J.S.A.
52:13D-17.2(a) as being covered by the provisions of the Casino Ethics Amendment.
SUBCHAPTER 6. ATTENDANCE AT EVENTS, ACCEPTANCE OF
HONORARIA, AND ACCEPTANCE OF COMPENSATION
FOR PUBLISHED WORKS
19:61-6.1 Applicability
The rules in this subchapter apply to all State officials in the Executive branch of
State government.
19:61-6.2 Definitions
The following words and terms, as used in this subchapter, shall have the
following meanings, unless the context clearly indicates otherwise.
"Approval" means, for the purposes of N.J.A.C. 19:61-6.4 and 6.5, written permission
from the department head to attend and/or participate in an event; to accept an
12
honorarium or fee; and/or to accept direct or indirect benefits in connection with
attendance.
"Commission" means the Executive Commission on Ethical Standards.
"Department head" means the administrative or executive head of the State official’s
agency or his or her designee.
"Direct benefit" means acceptance by a State official from the sponsor of an event or any
other person of travel, meals, accommodation, waiver of conference or event fee or any
other costs associated with attending the event for which no payment is made by the State
but is not intended to mean nominal refreshments such as nonalcoholic beverages and
snacks (doughnuts, pastries and cookies).
"Event" means a meeting, conference, seminar, speaking engagement, symposium,
training course, ground-breaking, ribbon-cutting, meal, open house, cocktail party,
fundraiser, holiday party, social function, or similar event that takes place away from the
State official’s work location, is sponsored or co-sponsored by a non-State government
source and the invitation for which is extended to the State official because of his/her
official position.
"Indirect benefit" means acceptance by a State official from the event sponsor or any
other person of reimbursement for costs of travel, meals, accommodation, event fees, or
any other costs associated with attending the event for which no reimbursement is made
by the State but is not intended to mean nominal refreshments such as nonalcoholic
beverages and snacks (doughnuts, pastries and cookies).
"Interested party" means:
1. Any person, or employee, representative or agent thereof, who is or may
reasonably be anticipated to be subject to the regulatory, licensing or supervisory
authority of the State official’s agency;
2. Any supplier, or employee, representative or agent thereof;
3. Any organization that advocates or represents the positions of its members to
the State official’s agency; or
4. Any organization a majority of whose members are as described in paragraphs
1 through 3 above.
"Person" means any natural person, association, organization, firm, partnership or
corporation.
"Personal funds" means funds of a State official. It does not include funds that are
loaned, advanced, promised or reimbursed to a State official for any purpose by an
interested party.
13
"Published work" means any tangible medium of expression, including but not limited to,
literary, pictorial, graphic, and sculptural matter; sound recordings; and software.
"State official" means any State officer or employee or special State officer or employee
as defined in the Conflicts of Interest Law, N.J.S.A. 52:13D-13(b) and (e).
"Supplier" means any private sector person that is providing or is seeking to provide or
may reasonably be expected to provide goods and/or services to the State official’s
agency, including but not limited to, consultants, vendors and lessors.
19:61-6.3 Granting of approval
(a) For the purposes of N.J.A.C. 19:61-6.4 and 6.5, when a department head
grants approval to attend an event, the department head shall determine whether a
legitimate State purpose will be served by attendance and shall consider the provisions of
the Conflicts of Interest Law, the departmental code of ethics, any applicable Executive
Orders, the guidelines and rules of the Commission, any departmental administrative
policies and any other relevant considerations. Relevant considerations include, but are
not limited to:
1. The identity of the sponsor;
2. The purpose of the event;
3. The identity of other expected participants;
4. Whether attendance/participation in the event will assist the State official in
carrying out his or her official duties and support the mission of the agency; and
5. The monetary value and character of the costs, benefits and/or honoraria
provided by the sponsor including, whether the costs, benefits and/or honoraria are
comparable to those offered to or purchased by other attendees.
(b) Approval shall be requested in writing on a form similar to that provided in
N.J.A.C. 19:61-6.8 Such forms shall be retained by the department for a period of five
years from the date of approval of the form.
(c) When an agency has numerous divisions or similar subunits with very diverse
missions, the department head may request that the Commission permit that such
divisions rather than the department be treated as agencies for the purposes of this
subchapter. The department head shall provide the Commission with information
identifying the diversity of the missions of the divisions and justifying their separate
treatment as agencies.
19:61-6.4 Attendance at an event sponsored by an interested party
(a) The State official shall secure the prior approval of the department head to
attend such an event.
14
(b) Except as provided in (c) below:
1. The State shall pay the reasonable expenses of the State official associated with
attending the event.
2. Neither the State official nor the State shall receive any direct or indirect benefit
from any other source.
(c) The requirement and prohibition in (b) above need not apply if the event is
designed to provide training, dissemination of information, or the exchange of ideas and
the State official is making a speech, is participating in a panel at the event or is an
accompanying resource person for the speaker and/or participant subject to the reasonable
approval of the department head. The direct or indirect benefit provided to the State
official by the sponsor of the event must be identical to the benefits provided to other
speakers or panel participants. If an actual conflict or the appearance of conflict could
arise under the application of this subsection, (b) above shall govern. Approvals granted
under this exception must be forwarded to the Commission for review.
(d) The State official may pay his or her own expenses with his or her personal
funds.
(e) The State official shall not accept an honorarium or fee for a speech or
presentation at an event covered by this section.
Examples
An employee of the Department of Environmental Protection has been
invited to attend a conference of the Association of Environmental
Authorities and has been asked to present a short program to explain
a new series of forms being proposed by the Department. The Association
has offered to waive the $200.00 conference fee; the conference program
includes morning and afternoon refreshments and lunch. If the Department
head approves the employee’s attendance and participation in the conference,
the employee may accept the waiver of the fee and the refreshments and
meal included in the program. A copy of the Department head’s approval must be
forwarded to the Commission.
The Division of Motor Vehicles is considering the purchase of new pollution
testing equipment. One of the companies that plans to submit a bid invites
several Division employees to a demonstration of the equipment to be held at a
hotel conference center. A seafood buffet will be served after the demonstration.
With proper approval, the employees may attend the demonstration, but because
the company plans to submit a bid to provide this equipment and is therefore an
interested party with respect to the Division, the employees may not partake of the
15
seafood buffet at the expense of the vendor. The employees may, however, pay
the cost of the buffet personally.
Three employees from different units of the Department of Transportation are
responsible for weekly monitoring of a construction project. Each Friday morning, they
meet with the contractor’s representative at the site field office to review the week’s
progress and to assess projected schedules. The meetings generally last 1 to 2 hours;
coffee is available, but no other refreshments or meals are served or offered. Because no
direct or indirect benefits are offered or provided and because the meetings are part of the
employees’ job responsibilities, the meetings are not "events" for the purposes of this
subchapter.
19:61-6.5 Attendance at an event sponsored by an entity other than an interested
party
(a) The State official shall secure the prior approval of the department head to
attend such an event.
(b) The State may pay the reasonable expenses of the State official associated with
attending the event or may permit the State official to accept direct or indirect benefits.
An interested party shall not provide a direct or indirect benefit to the State official in
order to facilitate his or her attendance.
(c) A State official making a speech or presentation at the event may accept an
honorarium or fee from the sponsor.
(d) Under no circumstances shall a State official accept entertainment collateral to
the event, such as a golf outing, or meals taken other than in a group setting with all
attendees, or reimbursement therefor.
Examples
An employee of Travel and Tourism at the Department of Commerce
has been invited, by the Mexican Tourist Bureau, to attend a series of
meetings on promoting tourism in both countries. The employee will be
giving a speech at a dinner on the final day of the meetings and has been
offered a $500.00 honorarium. With proper approval, the employee may
attend the meetings and may accept an honorarium in connection with his
speech. In addition, he may accept, directly or by reimbursement, actual
expenditures for travel and reasonable subsistence for which no payment or
reimbursement is made by the State.
A local non-profit organization would like to hold a dinner/fundraiser
honoring a Technical Assistant at the Department of Insurance who has
been a long-time supporter of the organization. The organization plans
16
to use the Technical Assistant’s picture, name and official title on the
promotional literature. The Technical Assistant may attend the event but is
prohibited from allowing such use of his official title for fundraising purposes.
19:61-6.6 Use of official title for private fundraising
A State official shall not permit the use of his or her official title for the purpose
of fundraising for a private organization.
19:61-6.7 Compensation for published work(s)
(a) A State official shall not accept compensation for published work(s) created as
part of his or her official duties on State time utilizing State resources, but may accept
compensation for published works not created as part of his or her official duties.
(b) A State official shall secure the permission of the department head to accept
compensation for published work(s) not created as part of his or her official duties. In
determining whether such approval can be granted, the Department head shall consider
the provisions of the Conflicts of Interest Law, the departmental code of ethics, any
applicable Executive Orders, the Commission’s Guidelines for Secondary Employment,
any other applicable guidelines or rules of the Commission, any applicable departmental
administrative policies, and the following conditions:
1. Whether compensation is being paid by an interested party;
2. Whether the published work(s) uses or discloses information not generally
available to the public;
(c) The State official shall prepare the published work(s) on his or her own time,
without using the services of other State officials or resources owned by the State.
(d) The State official shall not use his or her official title in any way in soliciting
compensation and shall indicate that his or her views do not represent those of the State.
Examples
As part of his official duties, a Department of Transportation employee
evaluates surveying equipment and trains Department employees on its use.
The employee recently completed an in-depth evaluation of ten different
types of surveying instruments and made a recommendation to the purchasing
unit. The employee would like to publish the entire report in Transportation
Magazine. He has been offered $500 for the article. The Department must
make a policy decision as to whether the article may be published. The
employee is prohibited from accepting compensation for the article, even
if the Department grants permission for the publication, since it was created
17
as part of his official duties prepared on State time and utilizing State resources.
An Environmental Technician at the Department of Environmental Protection
has been asked to write an article for an environmental journal on how New
Jersey’s automobile emission standards differ from those of Pennsylvania. He
has been offered $500 for the article. The Environmental Technician is permitted
to publish the article and receive compensation since it is on a subject matter
related to, but not a part of, his official duties, so long as he prepares the article
at home, on his own time, without using any State resources.
19:61-6.8 Sample approval request form
(a) The following form, or one containing substantially similar elements, may
be used to request approval to attend events, accept honoraria, and/or accept
compensation for published works.
18
REQUEST FOR APPROVAL FOR ATTENDANCE AT EVENT
DEPARTMENT OF _____________________
Name ____________________ Division _____________________
Title ___________________ Telephone _______ FAX _______
Event _____________________________________________________
Sponsor ___________________________________________________
Is the sponsor an "interested party"? Yes ____ No ____
Location _______________________ Date(s) _________________
Overnight accommodation required? Yes ____ No ____
Out-of-state travel required? Yes ____ No ____
Estimated cost? $___________
Agency to pay cost? Yes ____ No ____
Sponsor to pay cost? Yes ____ No ____
Employee to pay cost? Yes ____ No ____
Reason for attendance: ___________________________________
___________________________________________________________
___________________________________________________________
Will sponsor offer an honorarium or fee? Yes ____ No ____
Amount of honorarium $ ______________
_________________________ _________
Employee Signature Date
NOTE: Any substitutions or changes of circumstances must be reported.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Attendance approved Yes ____ No ____
Acceptance of honorarium approved Yes ____ No ____
Conditions: __________________________________________________
__________________________________________________
__________________________ _________
Signature Date
