[Second Reprint]

ASSEMBLY, No. 306

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen BODINE, Dalton and Assemblywoman Myers

An Act concerning the employment of certain special law enforcement officers by a county or municipality and amending P.L.1991, c.299.

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

    1. Section 1 of P.L.1991, c.299 (C.40A:14-180) is amended to read as follows:

    1. a. The provisions of any other law to the contrary notwithstanding, the appointing authority of a county or municipality which, pursuant to N.J.S.40A:14-106, in the case of a county, or N.J.S.40A:14-118, in the case of a municipality, has established and maintains a police force may appoint as a member or officer of the county or municipal police department any person who is certified as a class two special law enforcement officer and whose training as a class two special law enforcement officer qualifies as training required for a permanent appointment as a police officer under section 3 of P.L.1961, c.56 (C.52:17B-68), or who:

    (1) was serving as a law enforcement officer in good standing in any State, county or municipal law enforcement department or agency; ²and²

    (2) satisfactorily completed a working test period in a State law enforcement title or in a law enforcement title in a county or municipality which has adopted Title 11A, Civil Service, of the New Jersey Statutes or satisfactorily completed a comparable, documented probationary period in a law enforcement title in a county or municipality which has not adopted Title 11A, Civil Service; and

    (3) was, for reasons of economy, terminated as a law enforcement officer within ²[36] 60² months prior to the appointment.

    b. A county or municipality may employ such a person notwithstanding that:

    (1) Title 11A, Civil Service, of the New Jersey Statutes is operative in that county or municipality;

    (2) the county or municipality has available to it an eligible or regular reemployment list of persons eligible for such appointments; and

    (3) the appointed person is not on any eligible list. A county or municipality which has adopted Title 11A, Civil Service, may not employ such a person if a special reemployment list is in existence for the law enforcement title to be filled.

    c. If a county determines to appoint a person pursuant to the provisions of this act, it shall give first priority in making such appointments to residents of the county. A municipality making such an appointment shall give first priority to residents of the municipality and second priority to residents of the county not residing in the municipality.

    d. The seniority, seniority-related privileges and rank a law enforcement officer possessed with the employer who terminated the officer's employment for reasons of economy shall not be transferable to a new position when the officer is appointed to a law enforcement position pursuant to the provisions of this section.

(cf: P.L.1996, c.13, s.1)

    ¹2. (New section) a. A municipality with a population of 5,000 persons or less, according to the latest federal decennial census, which has adopted Title 11A, Civil Service, may appoint or continue to employ as a police officer, a person qualified pursuant to subsection a. of section 1 of P.L.1991, c.299 (C.40A:14-180), notwithstanding that the person is not or was not on a special reemployment list for the law enforcement title to be filled in accordance with paragraph (3) of subsection b. of section 1 of P.L.1991, c.299 (C.40A:14-180).

    b. The power of a municipality to appoint under subsection a. of this section shall expire on the last day of the sixth month next following the effective date of this act.¹

    ¹[2.] 3.¹ This act shall take effect immediately.

Permits counties and municipalities to hire certain special police officers.