ASSEMBLY, No. 2464

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblyman GARCIA

An Act concerning certain requirements for certain law enforcement officers 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:

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

    (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] (Deleted by amendment, P.L. , c. .)

    (3) was, for reasons of economy, terminated as a law enforcement officer within 60 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] may, at the discretion of the appointing governing body, 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) 

    2. This act shall take effect immediately.

STATEMENT

    This bill removes the requirement under current law that a police officer previously terminated for reasons of economy must satisfactorily complete 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 complete a comparable, documented probationary period in a law enforcement title in a county or municipality which has not adopted Title 11A, Civil Service, in order to be appointed to a county or municipal police department. The bill also permits the appointing governing body to transfer 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 to the new law enforcement position.

    The effect of this bill would be to permit any affected officer to be appointed to a position by a county or municipal police department, whether or not the working test period or probationary period, as appropriate, has been completed, and to permit, at the discretion of the appointing governing body, an affected officer to retain his or her seniority, seniority-related privileges and rank earned at the previous position.

Removes requirement of working test period for employment of law enforcement officers previously terminated for reasons of economy.