S2209

An Act concerning law enforcement officers and supplementing Title 34 and Title 53 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section, “law enforcement officer” means any person who is employed as a permanent full-time member of any State, county or municipal law enforcement agency, department, or division of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved by, or certified as being substantially equivalent to such an approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.). "Law enforcement agency" means any public agency, other than the Department of Law and Public Safety, any police force, department or division within the State of New Jersey, or any county or municipality thereof, which is empowered by statute to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State.

b. If a law enforcement officer is suspended from performing his official duties without pay for any complaint or charges, other than a complaint or charges alleging a violation of the criminal laws of this State or any other jurisdiction, and if no final determination is made on that complaint or those charges within 120 calendar days of the service of the complaint or charges on the officer, that law enforcement officer shall, commencing on the 121st calendar day, begin again receiving full salary and shall continue to do so until the final determination is made on the complaint or charges. The salary moneys withheld during the first 120 calendar days of the officer’s suspension shall be held in escrow by the law enforcement agency employing the officer pending final determination on the complaint or charges.

If the complaint or charges are dismissed, the officer shall be reinstated immediately with full pay, be restored all rights and benefits, including those accruable during the period of suspension, and shall, within five business days, be paid any salary moneys held in escrow by the employing law enforcement agency. Should the complaint or charges be dismissed, but the suspension of the officer continue during an appeal, then the full pay or salary of the officer shall continue until the determination of the appeal.

If the complaint or charges are sustained at the original hearing or any appeal therefrom, the officer shall reimburse the employing law enforcement agency for all pay received during the period of suspension pursuant to this section.

2. If a member of the State Police is suspended from performing his official duties without pay for any complaint or charges, other than a complaint or charges alleging a violation of the criminal laws of this State or any other jurisdiction, and if no final determination is made on that complaint or those charges within 120 calendar days of the service of the complaint or charges on the officer, that member of the State Police shall, commencing on the 121st calendar day, begin again receiving full salary and shall continue to do so until the final determination is made on the complaint or charges. The salary moneys withheld during the first 120 calendar days of the member’s suspension shall be held in escrow by the State pending final determination on the complaint or charges.

If the complaint or charges are dismissed, the member shall be reinstated immediately with full pay, be restored all rights and benefits, including those accruable during the period of suspension, and shall, within five business days, be paid any salary moneys held in escrow by the State. Should the complaint or charges be dismissed, but the suspension of the member continue during an appeal, then the full pay or salary of the member shall continue until the determination of the appeal.

If the complaint or charges are sustained at the original hearing or any appeal therefrom, the member shall reimburse the State for all pay received during the period of suspension pursuant to this section.

3. If a member of a paid fire department or paid member of a part-paid fire department is suspended from performing his official duties without pay for any complaint or charges, other than a complaint or charges alleging a violation of the criminal laws of this State or any other jurisdiction, and if no final determination is made on that complaint or those charges within 120 calendar days of the service of the complaint or charges on the officer, that member shall, commencing on the 121st calendar day, begin again receiving full salary and shall continue to do so until the final determination is made on the complaint or charges. The salary moneys withheld during the first 120 calendar days of the member’s suspension shall be held in escrow by the fire department employing the member pending final determination on the complaint or charges.

If the complaint or charges are dismissed, the member shall be reinstated immediately with full pay, be restored all rights and benefits, including those accruable during the period of suspension, and shall, within five business days, be paid any salary moneys held in escrow by the employing fire department. Should the complaint or charges be dismissed, but the suspension of the member continue during an appeal, then the full pay or salary of the member shall continue until the determination of the appeal.

If the complaint or charges are sustained at the original hearing or any appeal therefrom, the member shall reimburse the employing law enforcement agency for all pay received during the period of suspension pursuant to this section.

4. This act shall take effect immediately.

STATEMENT

This bill provides that whenever any law enforcement officer or career firefighter is suspended without pay for any reason, other than an allegation of criminal wrong doing, and a decision on the complaint or charges is not rendered within 120 calendar days, that on the 121st calendar day the officer or member is to begin again receiving full salary and is to continue to so until a final determination is made on the complaint or charges. The salary moneys withheld during the first 120 calendar days of the suspension of officer or member are to be held in escrow by the law enforcement agency or fire department that employs the officer or member until there is a final determination on the complaint or charges.

If the complaint or charges are dismissed, the officer or member is to be immediately reinstated at full pay, have restored all rights and benefits, including those that would have accrued during the suspension and, within five business days, be paid all the salary moneys the employing law enforcement agency or fire department has held in escrow. The bill specifies that a suspended officer or member is to continue to be paid during any appeal process.

If the complaint or charges are sustained, the bill provides that the officer or member is to reimburse his employer for all pay received during the period of suspension.

The provisions of this bill would apply to all State, county and municipal law enforcement officers. The definition of law enforcement officer is all inclusive, incorporating anyone empowered by statute to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State.

The salary program proposed under the bill is modeled on the one currently in effect for suspended teachers.