S1146

An Act concerning discipline of municipal police officers and amending N.J.S.40A:14-118.

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

1. N.J.S.40A:14-118 is amended to read as follows:

40A:14-118. The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a police force, whether as a department or as a division, bureau or other agency thereof, and provide for the maintenance, regulation and control thereof. Any such ordinance shall, in a manner consistent with the form of government adopted by the municipality and with general law, provide for a line of authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the force and for the discipline of its members. A member of the force shall not be disciplined for misconduct unless the conduct is expressly prohibited by these rules and regulations. The ordinance may provide for the appointment of a chief of police and such members, officers and personnel as shall be deemed necessary, the determination of their terms of office, the fixing of their compensation and the prescription of their powers, functions and duties, all as the governing body shall deem necessary for the effective government of the force. Any such ordinance, or rules and regulations, shall provide that the chief of police, if such position is established, shall be the head of the police force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:

a. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;

b. Have, exercise, and discharge the functions, powers and duties of the force;

c. Prescribe the duties and assignments of all subordinates and other personnel;

d. Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and

e. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.

As used in this section, "appropriate authority" means the mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, or the governing body or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body operates.

Except as provided herein, the municipal governing body and individual members thereof shall act in all matters relating to the police function in the municipality as a body, or through the appropriate authority if other than the governing body.

Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.

(cf: P.L.1981, c.266, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill specifies that municipal police officers may only be disciplined for misconduct if the conduct at issue is expressly prohibited by rules and regulations adopted and promulgated by the appropriate authority, such as the governing body, mayor, or public safety director.

Under current law, an ordinance establishing a municipal police force must provide for a line of authority relating to the police function and for the appropriate authority to adopt and promulgate rules and regulations for the government of the force and for the discipline of its members. Despite this clear statutory intent, in Marjoram v. Twp. of Hamilton, 336 N.J.Super. 85 (App. Div. 2000), the Appellate Division held that a finding of police officer misconduct did not have to be based on a violation of any specific rule or regulation, but rather could be based on a violation of an “implicit standard of good behavior [required of a police officer] which devolves upon one who stands in the public eye as the upholder of that which is morally and legally correct.” Due to the subjective nature and possible ambiguity of what constitutes an implicit standard of good conduct and moral and correct behavior, this bill would reverse the case and require disciplinary action be taken against police officers only if that officer is in violation of an express rule or regulation.