Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman JULIO MARENCO
District 33 (Hudson)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Co-Sponsored by:
Assemblywoman Hall
SYNOPSIS
Establishes Office of Veteran Advocate and ombudsman for DMVA; appropriates funds.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Office of the Veteran Advocate and establishing ombudsman for the Department of Military and Veterans Affairs, supplementing Title 38A of the New Jersey Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established the Office of the Veteran Advocate in the Executive Branch of the State Government. For purposes of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of Military and Veterans Affairs, but notwithstanding the allocation, the office shall be independent of any supervision or control by the department, or a division, office, or officer thereof, in the performance of its duties. If there is established a Department of Veterans Services separate from the Department of Military and Veterans Affairs, the Office of the Veteran Advocate shall be transferred to be in, but not of, the Department of Veterans Services, pursuant to the State Agency Transfer Act, P.L.1971, c.375 (C.52:14D-1 et seq.). All references in this act to the department shall mean the Department of Military and Veterans Affairs. If there is established a Department of Veterans Services, all references to the department in this act shall thereafter mean the Department of Veterans Services.
2. a. The administrator and chief executive officer of the office shall be the Veteran Advocate. The Veteran Advocate shall be appointed by the Governor, with the advice and consent of the Senate. Any person appointed to the position of Veteran Advocate shall be a veteran. The Veteran Advocate shall be selected without regard to political affiliation and on the basis of integrity. The qualifications of the person selected may include, but need not be limited to, a demonstrated ability in veteran welfare and justice, auditing, law, health care, management analysis, public administration and investigation, or criminal justice administration. Preference may be given to a candidate who is an attorney-at-law of this State, who has experience in veterans services or has experience in long-term care services.
b. The salary of the Veteran Advocate shall not be less than $150,000 per year.
c. The term of Office of the Veteran Advocate shall be five years, but the Veteran Advocate shall serve until the appointment and qualification of the successor. No person shall be appointed as Veteran Advocate for more than two full terms. The Veteran Advocate may appoint, subject to appropriation, such other personnel as the Veteran Advocate deems necessary for the efficient management of the office.
d. The entire professional time of the Veteran Advocate shall be devoted to the duties of the position. A vacancy occurring in the position of Veteran Advocate shall be filled in the same manner as the original appointment, except that if the Veteran Advocate dies, resigns, or is removed from office, the Governor shall appoint an acting Veteran Advocate who shall serve until the appointment and qualification of the successor.
The Veteran Advocate may be removed from office for cause by the Governor. Such cause may include, but is not limited to, substantial neglect of duty, gross misconduct, or conviction of a crime.
3. a. The Veteran Advocate shall:
(1) administer the work of the Office of the Veteran Advocate;
(2) appoint and remove such legal counsel, officers, investigators, stenographic, and clerical assistants, and other personnel, in the career or unclassified service, as may be required for the conduct of the office, subject to the provisions of Title 11A of the New Jersey Statutes, and other applicable statutes and federal regulations, except as provided otherwise herein;
(3) formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the office, its officers, and employees, in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.); and
(4) institute or cause to be instituted such legal proceedings or processes consistent with the Rules Governing the Courts of New Jersey as may be necessary to properly enforce and give effect to any of the powers or duties of the Veteran Advocate.
(5) ensure that veterans in the care of or receiving services under the supervision of the department receive treatment in accordance with the applicable State and federal statutes and regulations at all times, with full respect for the veterans personal dignity and right to privacy;
(6) ensure that veterans in the care of or receiving services under the supervision of the department receive timely, safe, and effective services, as outlined in the applicable State and federal statutes and regulations;
(7) aid and coordinate with local veterans service officers to ensure veterans receive all available State and federal benefits;
(8) examine, on a system-wide basis, the care and services that the department provides veterans;
(9) advise the public and those at the highest levels of State government about how the department may improve its services to and for veterans and their families;
(10) develop internal procedures appropriate for the effective performance of the offices duties;
(11) act as a liaison to the department to ensure each veteran receives the necessary services and care mandated by the applicable State and federal statutes and regulations;
(12) provide input to the department in developing procedures for the executive agencies to best serve the veteran community;
(13) act as a liaison to the United States Department of Veterans Affairs and all other relevant federal agencies to advocate on behalf of the veterans of the State;
(14) investigate incidents where a veteran suffered a fatality, near fatality, or serious bodily or emotional injury while receiving services from the department, or circumstances which result in a reasonable belief that department failed in its duty to care for a veteran and, as a result, the veteran was at imminent risk of, or suffered serious bodily or emotional injury or death; and
(15) commence formal investigations on specific matters related to services provided by the department for which subpoenas, pursuant to subsection b. of this section, may be issued.
b. The Veteran Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the formal investigation of the office pursuant to subparagraphs (14) and (15) of subsection a. of this section. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Veteran Advocate may appl