N.J. Admin. Code § 19:61-7.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:61-7.5 - Procedure for recusal

(a) If a State official finds, or is advised by agency counsel or the agency ethics liaison officer, that an incompatible financial or personal interest exists on a matter, the State official must recuse himself or herself from that matter or seek advice from the Commission. The recusal must be absolute, that is, the State official must have no involvement with the matter from which he or she has recused himself or herself.

(b) All recusals, other than those provided for in (c) below, must be memorialized in writing. A copy of the recusal statement must be forwarded to the Commission. See the subchapter Appendix for samples. The writing must:

1. Specify the reason for and the date of the recusal;

2. Specify the duration of the recusal (which may be expressed in terms related to the pendency of the matter in the State agency);

3. Specify the effect of the recusal on the State official and his or her State agency (for example, that the State official is not to be contacted or involved or participate in any manner concerning the matter from which he or she has been recused);

4. Name the person who is to assume responsibility and authority for the matter from which the State official has been recused (if applicable); and

5. Be disseminated to all persons who might be affected by the State official's recusal and to the agency ethics liaison officer, who shall maintain the writing for as long as the State official serves in his or her position.

(c) In the case of a State agency that maintains a public record of a proceeding, that is, a Board or Commission meeting, formal written recusal is not required; however, the following procedures must be followed:

1. To the extent feasible, meeting materials involving a matter from which the State official must recuse himself or herself should not be distributed to the State official;

2. At the subject meeting, the State official must place his or her recusal and the reason for such recusal on the record prior to any discussion of the matter; and

3. The State official must leave the room at a non-public portion of the meeting while the matter in question is under discussion.

N.J. Admin. Code § 19:61-7.5

Amended by R.2006 d.292, effective 8/21/2006.
See: 38 N.J.R. 1804(a), 38 N.J.R. 3318(a).
In (a), substituted "Commission" for "Executive Commission on Ethical Standards".
Amended by R.2012 d.045, effective 2/21/2012.
See: 43 N.J.R. 1515(a), 44 N.J.R. 519(a).
In the introductory paragraph of (b), inserted the second sentence.