SENATE, No. 965

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Senator HAINES

An Act concerning certain costs incurred in the training and hiring of police officers by the New Jersey Transit Corporation, amending P.L.1987, c.47 and P.L.1989, c.40, and supplementing chapter 25 of Title 27 of the Revised Statutes.

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

    1. Section 1 of P.L.1987, c.47 (C.40A:14-178) is amended to read as follows:

    1. Whenever a person who resigned as a member of a county or municipal police department is appointed to the police department of another county or municipality or the police department of an educational institution pursuant to P.L. 1970, c. 211 (C.18A:6-4.2 et seq.) or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and that person held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation, the New Jersey Transit Corporation, or the county or municipality or educational institution appointing the person is liable to the former county or municipal employer, as appropriate, for the total certified costs incurred by the former employer in the examination, hiring, and training of the person.

    Whenever a person who resigned as a member of a county or municipal police department is appointed to the police department of another county or municipality or the police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and that person, at the time of resignation held a permanent appointment for more than 30 days but less than two years, the New Jersey Transit Corporation, or the county or municipality or educational institution appointing the person is liable to the former county or municipal employer, as appropriate, for one-half of the total certified costs incurred by the former employer in the examination, hiring and training of that person.

    The New Jersey Transit Corporation, upon the appointment of a former member of a police department of a county, municipality or educational institution, or the appointing county or municipality or educational institution shall notify the former employer immediately upon the appointment of a former employee and shall reimburse the former employer within 120 days of the receipt of the certified costs.

    For the purposes of this act, "examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and the public advertisements for these examinations, and "training costs" means the police training course fees and the base salary received while attending the police training course, as required by P.L.1961, c. 56 (C. 52:17B-66 et seq.).

(cf: P.L.1989, c.40, s.1)

    2. Section 2 of P.L.1989, c.40 (C.18A:6-4.12) is amended to read as follows:

    2. a. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal police department or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation, the New Jersey Transit Corporation, the educational institution or county or municipal department appointing the person shall be liable to the former educational institution for the total certified costs incurred by that former educational institution in the examination, hiring, and training of the person.

    b. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal police department or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the New Jersey Transit Corporation, the educational institution or county or municipal department appointing the person shall be liable to the former educational institution for one-half of the total certified costs incurred by that former institution in the examination, hiring, and training of the person.

    c. The New Jersey Transit Corporation, upon the appointment of a former member of a police department of an educational institution, or the appointing educational institution or county or municipal police department shall notify the former educational institution immediately upon the appointment of a police officer formerly with that institution and shall reimburse the institution within 120 days of the receipt of the certified costs.

    d. As used in this section, "examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations. "Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 3 of P.L.1970, c.211 (C.18A:6-4.4).

(cf: P.L.1989, c.40, s.2)

    3. (New section) a. If a person who was appointed as a police officer of the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) resigns and is subsequently appointed as a police officer for an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) or for a county or municipal police department within 120 days of resignation, and if that person held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation, the educational institution or county or municipal department appointing the person shall be liable to the New Jersey Transit Corporation for the total certified costs incurred by the corporation in the examination, hiring, and training of the person.

    b. If a person who was appointed as a police officer of the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) resigns and is subsequently appointed as a police officer for an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) or for a county or municipal police department within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the educational institution or county or municipal department appointing the person shall be liable to the New Jersey Transit Corporation for one-half of the total certified costs incurred by the corporation in the examination, hiring, and training of the person.

    c. The appointing educational institution or county or municipal police department shall notify the New Jersey Transit Corporation immediately upon the appointment of a police officer formerly employed by the corporation and shall reimburse the corporation within 120 days of the receipt of the certified costs.

    d. As used in this section, "examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations. "Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 2 of P.L.1989, c.291 (C.27:25-15.1).

    4. This act shall take effect immediately.

STATEMENT

    This bill would require a county, municipality or educational institution to reimburse the New Jersey Transit Corporation for costs the corporation incurred in the hiring and training of a police officer, whenever the officer resigns during a probationary appointment or within the first two years of a permanent appointment, and is hired within 120 days of the date of resignation by the county, municipality or educational institution. The bill would also require the New Jersey Transit Corporation to reimburse a county, municipality or educational institution. The bill would also require the New Jersey Transit Corporation to reimburse a county, municipality or educational institution whenever the corporation hires a member of a county, municipal or educational institution police department under similar circumstances.

    Current law already provides for this reciprocal arrangement among counties, municipalities and educational institutions. The purpose of this bill is to include New Jersey Transit Corporation in the arrangement because it has been reported that the New Jersey Transit Police Department has lost several recent hires to municipal police departments. Adoption of this bill will place New Jersey Transit Corporation on a level playing field with counties, municipalities and educational institutions.

    Specifically, the bill would require a hiring authority to reimburse an officer's former employer for the total certified costs that the former employer incurred in examining, hiring and training the officer whenever the officer resigns during a probationary appointment or within the first 30 days of a permanent appointment and the hiring authority hired the officer within 120 days of the date of the officer's resignation. Furthermore, the bill would require a hiring authority to reimburse an officer's former employer for one-half of the total certified costs that the former employer incurred in examining, hiring and training the officer whenever the officer resigns a permanent appointment held for more than 30 days but for less than two years and the hiring authority hired the officer within 120 days of the date of the officer's resignation.

Requires reimbursement of training and certification costs of certain police officers by appointing authority to former employer.