ASSEMBLY, No. 1116
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman LANCE
An Act concerning the appointment of police officers by certain municipalities and supplementing chapter 14 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In any municipality wherein Title 11A of the New Jersey Statutes is not operative, the governing body, by ordinance, may provide for the probationary appointment of entry level police officers. The purpose of the probationary appointment is to provide a period during which the appointee shall successfully complete a police training course as required under the provisions of section 3 of P.L. 1961, c.56 (C.52:17B-68) and to permit the governing body to determine whether the appointee satisfactorily performs the duties of police officer. The period of the probationary appointment authorized under this subsection shall not exceed one year; provided, however, that an extension of no more than six months may be granted for the reasons set forth in section 4 of P.L. 1961, c.56 (C.52:17B-69).
b. The Director of the Division of Local Government Services in the Department of Community Affairs, in consultation with the Commissioner of Personnel, shall prepare and make available a model ordinance to effectuate the purposes of subsection a. of this section. The model ordinance shall set forth the general terms and conditions of the appointment, progress reports and evaluations of the appointee's performance, procedures for dismissal or termination during and at the conclusion of the probationary period, procedures for granting permanent status to the appointee, and such other matters as the director may deem necessary.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill permits the governing bodies of non-civil service municipalities to adopt ordinances which would authorize probationary appointments for entry level police officers.
While there is statutory authority for civil service municipalities to appoint entry level police officers for probationary periods (N.J.S.11A:4-15), there is no such statutory authority for non-civil service municipalities. This poses certain problems for non-civil service municipalities. One of the major problems is that these municipalities do not have a procedural mechanism which affords them a working test period during which they can determine whether an appointee can satisfactorily perform the duties of a police officer. A second problem is that the Police Training Commission's training program is designed and structured for the probationary period format. Those who successfully complete the training program are eligible for permanent appointments.
Under the provisions of this bill, the governing body of any non-civil service municipality may adopt an ordinance providing for a probationary period for entry level police officer appointees. During this probationary period, the appointee would be required to successfully complete the required Police Training Commission training program. It would also give the governing body an opportunity to evaluate whether the appointee satisfactorily performs the duties of police officer.
The bill authorizes a probationary period of not more than one year, but does permit a six month extension for appointees who have problems scheduling their police training courses.
Finally, the bill directs the Director of the Division of Local Government Services in the Department of Community Affairs, in consultation with the Commissioner of Personnel, to prepare and make available a model ordinance for non-civil service municipalities that wish to establish probationary periods for entry level police officers. The model ordinance is to set forth the general terms and conditions of appointment, procedures for dismissal or termination, procedures for granting permanent appointment, and such other matters that the director may deem necessary.
Permits non-civil service municipalites to establish probationary periods for entry level police officer appointees.