New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 81 (2019)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 81 (2019)
An Order Permitting a State Authority to Hire a Business Entity to Provide Pro Bono Legal Services and the Requirement to Follow N.J.S.A. 19:44-20.13et seq.
Issued: September 3, 2019.
Effective: September 3, 2019.
WHEREAS, the residents of New Jersey are entitled to a government that is effective, efficient, and free from corruption, favoritism, and waste; and
WHEREAS, in pursuit of those goals, the New Jersey government has taken a series of actions through legislation, executive order, and regulation to protect the integrity of government contractual decisions and increase the public's confidence in government; and
WHEREAS, those actions included the enactment of P.L. 2005, c. 51 (C.19:44A-20.13 et seq.), known as "Chapter 51," which has significantly reduced the influence of contractor contributions in the process of awarding State government contracts and has proven to be an effective method of ensuring that merit and cost-effectiveness drive the government contracting process; and
WHEREAS, this Administration is committed to ensuring the highest ethical standards in government contracting and rooting out corruption, favoritism, and waste; and
WHEREAS, the State of New Jersey has to date not adopted rules governing how the State may award a contract based upon merit and cost-effectiveness to a business entity that seeks to provide legal services on a pro bono basis, which is legal work performed without cost to the government client; and
WHEREAS, the New Jersey Court Rules and Rules of Professional Conduct, and in particular Court Rule 1:21-11, establish that lawyers may provide legal services to "governmental entities" on a pro bono basis; and
WHEREAS, the ability to retain business entities to provide legal services on a pro bono basis will enable State agencies to further their missions while safeguarding the public fisc; and
WHEREAS, measures must still be taken to combat the influence of contractor contributions in the process of awarding State government contracts, even those where the relevant legal services are provided on a pro bono basis; and
WHEREAS, measures must also be taken to prevent the risk or appearance that business entities will seek to gain an advantage in obtaining State government contracts for compensated legal services by providing a State agency with legal services on a pro bono basis;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. For the purposes of this Order, the term "business entity" has the same meaning as under N.J.S.A. 19:44A-20.17, and the term "contribution" has the same meaning as under N.J.S.A. 19:44A-20.16.
2. Any Executive Branch department, agency, authority, or independent State authority that is authorized to retain a business entity to provide legal services may retain that business entity for legal services on a pro bono basis.
3. Any Executive Branch department, agency, authority, or independent State authority charged with implementing and enforcing Chapter 51 shall apply those same provisions to a business entity seeking to provide legal services to the State on a pro bono basis.
a. In assessing the eligibility of a business entity to represent the State on a pro bono basis, the Executive Branch department, agency, authority, or independent State authority shall treat contributions made to a legislative leadership committee or a municipal political party committee in the same manner as those provisions apply to a contribution to any candidate committee, election fund, or political party committee identified in Chapter 51.
b. In assessing the eligibility of a business entity to represent the State on a pro bono basis, the Executive Branch department, agency, authority, or independent State authority shall treat a contribution made to a candidate committee or election fund of any candidate for or holder of the office of Lieutenant Governor in the same manner as those provisions apply pursuant to Chapter 51 to a contribution to any candidate committee or election fund of any candidate for or holder of the office of Governor.