SENATE, No. 2008







By Senator KOSCO



An Act concerning the office of sheriff and amending N.J.S.40A:9-108.


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


    1. N.J.S.40A:9-108 is amended to read as follows:

    40A:9-108. No person shall hold any other civil office during the time he holds and exercises the office of sheriff and by acceptance of the latter office his former office shall be deemed vacated, provided, however, that the governing body of any county may, by ordinance or resolution, as appropriate, provide that any person holding and exercising the office of sheriff may simultaneously hold and exercise the office of county disaster control coordinator but shall not receive any compensation or any other benefits otherwise attached to the office of county disaster control coordinator during such time as such person shall hold both such offices. As used in this section, the term "civil office" does not mean an unpaid, part-time position on any public board, commission, committee or similar body.

(cf: P.L.1979, c.99, s.1)


    2. This act shall take effect immediately.





    Current law prohibits dual office holding by county sheriffs. Although this law serves a useful purpose in preventing possible conflicts of interest, it has been narrowly interpreted at times to prevent a sheriff from serving part-time without compensation on a board, commission or committee. Thus, sheriffs have been denied the opportunity to share their knowledge and experience to the benefit of the public by serving on bodies such as the Police Training Commission. This bill would permit a sheriff to serve in an unpaid, part-time capacity on any public commission, board or committee.





Permits sheriff to hold unpaid position on public board or commission.