A426

An Act concerning Class Two special law enforcement officers and amending P.L.1976, c.132.

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

1. Section 2 of P.L.1976, c.132 (C.40A:14-123.1a) is amended to read as follows:

2. a. In any municipality of this State, before any person shall be appointed as a member of the police department and force, the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes:

I. Residents of the municipality.

II. Other residents of the county in which the municipality is situate.

III. Other residents of the State.

IV. All other qualified applicants.

Within each [such] classification duly qualified applicants who are veterans shall be accorded all [such] veterans' preferences as are provided by law. Persons discharged from the service within [6] six months prior to making application to [such] the municipality who fulfill the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.

Preference in appointment second to that accorded to veterans pursuant to current law but superseding that accorded non-veterans shall be accorded all duly qualified applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State at any time prior to the closing date for the filing of an application, provided that required documentation is submitted with the application by the closing date. This paragraph shall not, however, be applicable if the municipality has entered into a consent decree with the United States Department of Justice concerning the hiring practices of the municipality.

When a veteran and a non-veteran whose parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State are duly qualified applicants for a position, first preference shall be given to the veteran.

Preference in appointment third to that accorded to veterans and applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State, pursuant to current law, but superseding that accorded non-veterans shall be accorded all duly qualified applicants who are Class Two special law enforcement officers appointed pursuant to the provisions of P.L.1985, c.439 (C.40A:14-146.8 et seq.).

As used in this section, "law enforcement officer" means any person who is employed as a permanent full-time member of an enforcement agency, who is statutorily empowered to act for the detection, investigation, arrest and conviction of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved, 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.); and "law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which has by statute or ordinance the responsibility of detecting and enforcing the general criminal laws of this State.

b. In any municipality which classifies qualified applicants pursuant to subsection a. of this section, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any [such] class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

c. In any [such] municipality operating under the provisions of Title 11A of the New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make [such] the certifications from [said] the classes separately and successively, and shall certify no persons from any [such] class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.

d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the police department.

e. In making temporary appointments the appointing authority may utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the positions to be temporarily filled.

(cf: P.L.2008, c.29, s.98)

2. This act shall take effect immediately.

STATEMENT

This bill establishes a hiring preference for Class Two special law enforcement officers who are seeking employment with a municipal law enforcement agency. Its provisions would apply to both civil service and non-civil service municipal law enforcement agencies that classify applicants for appointment. In addition, the provisions apply to initial appointments, but not to promotional appointments of persons who are already members of the law enforcement agency.

Under current law, veterans and children of law enforcement officers killed in the lawful discharge of official duties are given a hiring preference when applying for a position with a municipal police department. This bill gives Class Two special law enforcement officers a hiring preference after that currently given to those two groups.

It is the sponsor’s intent that all hiring requirements be met prior to an applicant receiving this hiring preference.