Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Authorizes police officers to waive local disciplinary hearings and appeal to administrative law judge in civil service and Superior Court judge in non-civil service municipalities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain hearings and amending N.J.S.40A:14-147.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-147 is amended to read as follows:
40A:14-147. Except as otherwise provided by law, no permanent member or officer of the police department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the police department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment, or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. The complaint shall be filed in the office of the body, officer or officers having charge of the department or force wherein the complaint is made and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 nor more than 30 days from date of service of the complaint.
A complaint charging a violation of the internal rules and regulations established for the conduct of a law enforcement unit shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The 45-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules or regulations of the law enforcement unit is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State. The 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement of this paragraph for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.
A failure to comply with said provisions as to the service of the complaint and the time within which a complaint is to be filed shall require a dismissal of the complaint.
[The]
If the provisions of Title 11A of the New Jersey Statutes are
in operation in the employing municipality, a law enforcement officer may
waive the right to a hearing and may appeal the charges
directly to [any
available authority specified by law or regulation,] a judge with the Office of
Administrative Law, or follow any other procedure recognized by [a] contract, as permitted
by law. If the provisions of Title 40A of the New Jersey Statutes are in
operation in the employing municipality, a law enforcement officer may waive
the right to a hearing and may appeal the charges directly to a judge of the
Superior Court, or follow any other procedure recognized by contract, as
permitted by law.
(cf: P.L.1996, c.115, s.2)
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill clarifies that law enforcement officers employed by a civil service municipality who are subject to departmental charges or written complaints have the right to waive a hearing on those charges or that complaint before the local officer, board or other authority empowered to hear and determine those charges and complaints and appeal directly to a judge with the Office of Administrative Law, or follow any other procedure recognized by contract, as permitted by law. If the officer is employed in a non-civil service municipality, the officer may waive the local hearing and appeal to a judge of the Superior Court, or follow any other procedure recognized by contract, as permitted by law.