Bill Text: NJ A1023 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies that civilian public safety directors of municipal, county, and State police departments do not have police powers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Law and Public Safety Committee [A1023 Detail]
Download: New_Jersey-2018-A1023-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Co-Sponsored by:
Assemblywoman Chaparro
SYNOPSIS
Clarifies that civilian public safety directors of municipal, county, and State police departments do not have police powers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning public safety directors and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-118 is amended to read as follows:
40A:14-118. The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a police force, whether as a department or as a division, bureau, or other agency thereof, and provide for the maintenance, regulation, and control [thereof] of the police force. Any [such] ordinance shall, in a manner consistent with the form of government adopted by the municipality and with general law, provide for a line of authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the force and for the discipline of its members. The ordinance may provide for the appointment of a chief of police and [such] members, officers, and personnel as shall be deemed necessary, the determination of their terms of office, the fixing of their compensation, and the prescription of their powers, functions, and duties, all as the governing body shall deem necessary for the effective government of the force. Any [such] ordinance, or rules and regulations, shall provide that the chief of police, if [such] the position is established, shall be the head of the police force and that [he] the chief shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations [thereof] of the police force, and that [he] the chief shall, pursuant to policies established by the appropriate authority:
a. [Administer] administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
b. [Have] have, exercise, and discharge the functions, powers, and duties of the force;
c. [Prescribe] prescribe the duties and assignments of all subordinates and other personnel;
d. [Delegate such of his] delegate the chief's authority as [he] the chief may deem necessary for the efficient operation of the force to be exercised under [his] the chief's direction and supervision; and
e. [Report] report
at least monthly to the appropriate authority in [such] a form as shall be
prescribed by [such] the
authority on
the operation of the force during the preceding month, and make [such] other
reports as may be requested by [such] the
authority.
[In the absence of the] If the position of chief of police is not established or if the position is established, but vacant, the highest or next highest ranking sworn police officer appointed by the appropriate authority or governing body shall be responsible for the efficiency and routine day to day operations of the police force, including carrying out the duties specified in subsections a. through e. of the preceding paragraph. These duties specifically are a police power to be exercised solely by a duly sworn law enforcement officer.
As used in this section, "appropriate authority" means the mayor, manager, or [such] other appropriate executive or administrative officer, such as a full-time director of public safety, or the governing body or any designated committee or member [thereof] of the committee, or any municipal board or commission established by ordinance for [such] these purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body operates.
A person who is designated by ordinance or otherwise appointed as the appropriate authority or civilian chief executive of a police force does not acquire and is not conferred police powers by virtue of that designation or appointment or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and the appropriate authority or civilian chief executive shall not exercise police powers or perform police duties including, but not limited to, the following:
a. operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
b. stop, detain, or arrest persons;
c. wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
d. obtain criminal history or motor vehicle record information or access criminal investigative reports;
e. direct internal affairs investigations or access records related to these investigations;
f. direct criminal investigations; or
g. carry a firearm while performing the duties of the civilian chief executive of the police force.
The appropriate authority or civilian chief executive shall not establish any title or position that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police force. Any exclusive bargaining representative may directly appeal a violation to the Appellate Division of the Superior Court. A person shall not simultaneously serve as a civilian chief executive and a police officer or chief of police. The county prosecutor shall be authorized to enforce the provisions of this section in matters relating to the duties of the appropriate authority or civilian chief executive of a police force.
Except as provided [herein] in this section, the municipal governing body and individual members [thereof] of the governing body shall act in all matters relating to the police function in the municipality as a body, or through the appropriate authority if other than the governing body.
Nothing [herein contained] in this section shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to [such] these committees or commissions of [such] powers of inquiry as the governing body deems necessary or to conduct [such] a hearing or investigation authorized by law. Nothing [herein contained] in this section shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member [thereof] of the police force. In addition, nothing [herein contained] in this section shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety, or welfare of the municipality in an emergency situation through special emergency directives.
(cf: P.L.1981, c.266, s.1)
2. N.J.S.40A:14-106 is amended to read as follows:
40A:14-106. The governing body of any county, adopting rules for the regulation of traffic upon the county highways and roads and for the enforcement of laws pertaining [thereto] to those highways and roads, by ordinance or resolution, as appropriate, may create and establish a county police department and force and provide for its maintenance, regulation, and control. Except as otherwise provided by law, the governing body may appoint a chief of [the department] police and [such] other members, officers, and personnel as shall be deemed necessary, determine their terms of office, fix their compensation, and prescribe their powers, functions, and duties. If the position of chief of police is not established or if the position is established, but vacant, the highest or next highest ranking sworn police officer appointed by the appropriate authority or governing body shall be responsible for the efficiency and routine day to day operations of the police force. These duties specifically are a police power to be exercised solely by a duly sworn law enforcement officer.
A person designated by ordinance or resolution or otherwise appointed as a civilian chief executive of a county police department does not acquire and is not conferred police powers by virtue of that designation or appointment or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and the civilian chief executive shall not exercise police powers or perform police duties including, but not limited to, the following:
a. operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
b. stop, detain, or arrest persons;
c. wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
d. obtain criminal history or motor vehicle record information or access criminal investigative reports;
e. direct internal affairs investigations or access records related to these investigations;
f. direct criminal investigations; or
g. carry a firearm while performing the duties of the civilian chief executive of the police force.
The civilian chief executive shall not establish any title or position that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police force. Any exclusive bargaining representative may directly appeal a violation to the Appellate Division of the Superior Court. A person shall not simultaneously serve as a civilian chief executive and a police officer or chief of police. The county prosecutor shall be authorized to enforce the provisions of this section in matters relating to the duties of the appropriate authority or civilian chief executive of a police force.
The governing body shall adopt and promulgate rules and regulations for the government of the department and force and for the discipline of its members.
(cf: P.L.1981, c.126, s.1)
3. R.S.40:37-154 is amended to read as follows:
40:37-154. The commission may appoint and establish a constabulary to preserve order in the parks and parkways under its control, and to secure the enforcement of the rules and regulations passed and enacted by it, and may organize the constabulary into a police system to be known as "the park police of the county of".
The police system shall consist of a chief and [such] subordinate officers as may be deemed necessary and proper for the enforcement of the rules and regulations of the commission within the parks and parkways, and the proper protection of public property [therein]. If the position of chief is not established or if the position is established, but vacant, the highest or next highest ranking sworn police officer appointed by the appropriate authority or governing body shall be responsible for the efficiency and routine day to day operations of the agency. These duties specifically are a police power to be exercised solely by a duly sworn law enforcement officer.
A person appointed as a civilian chief executive of the park police of a county does not acquire and is not conferred police powers by virtue of that designation or appointment, or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and the civilian chief executive shall not exercise police powers or perform police duties including, but not limited to the following:
a. operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
b. stop, detain, or arrest persons;
c. wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
d. obtain criminal history or motor vehicle record information or access criminal investigative reports;
e. direct internal affairs investigations or access records related to these investigations;
f. direct criminal investigations; or
g. carry a firearm while performing the duties of the civilian chief executive of the police force.
The civilian chief executive shall not establish any title or position that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police force. Any exclusive bargaining representative may directly appeal a violation to the Appellate Division of the Superior Court. A person shall not simultaneously serve as a civilian chief executive and a police officer or chief of police. The county prosecutor shall be authorized to enforce the provisions of this section in matters relating to the duties of the appropriate authority or civilian chief executive of a police force.
The commission may establish proper rules and regulations for the appointment, control, and management of the members of the constabulary, and for the securing of proper discipline and efficiency among the members [thereof] of the constabulary.
(cf: R.S.40:37-154)
4. (New section) If a police department of a State agency has not established the position of chief or if the position is established, but vacant, the highest or next highest ranking sworn police officer appointed by the appropriate authority or governing body shall be responsible for the efficiency and routine day to day operations of the police department of the State agency. These duties specifically are a police power to be exercised solely by a duly sworn law enforcement officer.
A person appointed as a civilian chief executive of a police department of a State agency does not acquire and is not conferred police powers by virtue of that designation or appointment, or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and the civilian chief executive shall not exercise police powers or perform police duties including, but not limited to, the following:
a. operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
b. stop, detain, or arrest persons;
c. wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
d. obtain criminal history or motor vehicle record information or access criminal investigative reports;
e. direct internal affairs investigations or access records related to these investigations;
f. direct criminal investigations; or
g. carry a firearm while performing the duties of the civilian chief executive of the police force.
The civilian chief executive shall not establish any title or position that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police force. Any exclusive bargaining representative may directly appeal a violation to the Appellate Division of the Superior Court. A person shall not simultaneously serve as a civilian chief executive and a police officer or chief of police. The Attorney General shall be authorized to enforce the provisions of this section in matters relating to the duties of the appropriate authority or civilian chief executive of a police force.
5. Section 1 of P.L.1970, c.211 (C.18A:6-4.2) is amended to read as follows:
1. The governing body of any institution of higher education, academy, school, or other institution of learning may appoint [such] persons as the governing body may designate to act as [policemen] police officers for the institution.
If the position of chief of the police department of the institution is not established or if the position is established, but vacant, the highest or next highest ranking sworn police officer appointed by the appropriate authority or governing body shall be responsible for the efficiency and routine day to day operations of the police department. These duties specifically are a police power to be exercised solely by a duly sworn law enforcement officer.
A person appointed as a civilian chief executive of a police department of an institution does not acquire and is not conferred police powers by virtue of that designation or appointment, or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and the civilian chief executive shall not exercise police powers or perform police duties including, but not limited to the following:
a. operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
b. stop, detain, or arrest persons;
c. wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
d. obtain criminal history or motor vehicle record information or access criminal investigative reports;
e. direct internal affairs investigations or access records related to these investigations;
f. direct criminal investigations; or
g. carry a firearm while performing the duties of the civilian chief executive of the police force.
The civilian chief executive shall not establish any title or position that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police department or agency. Any exclusive bargaining representative may directly appeal a violation to the Appellate Division of the Superior Court. A person shall not simultaneously serve as a civilian chief executive and as a police officer or chief of police. The Attorney General shall be authorized to enforce the provisions of this section in matters relating to the duties of the appropriate authority or civilian chief executive of a police force.
(cf: P.L.1970, c.211, s.1)
6. This act shall take effect immediately.
STATEMENT
This bill clarifies that civilians appointed or designated as public safety directors of police departments do not acquire and are not conferred police powers by virtue of that appointment or designation. The provisions of the bill apply to municipal police departments; county police departments, including county police, county park police, and college and university police, and police departments of State agencies. Specifically under the bill, if a police department does not have a chief of police, either because the position has not been established or because it is vacant, the highest or next highest ranking sworn police officer is responsible for the efficiency and routine day to day operations of the agency. The bill establishes that these duties are police powers to be exercised only by duly sworn law enforcement officers.
The bill prohibits a person appointed as a civilian chief executive of a police department or agency from exercising police powers or performing police duties including, but not limited to, the following:
(1) operating a marked or unmarked police car, conducting a motor vehicle stop, engaging in patrol activities or answering calls for service;
(2) stopping, detaining, or arresting persons;
(3) wearing a law enforcement officer uniform of any type or class, displaying a badge of any type, or otherwise exhibiting evidence of police authority;
(4) obtaining criminal history or motor vehicle record information or accessing criminal investigative reports;
(5) directing internal affairs investigations or accessing records related to these investigations;
(6) directing criminal investigations; and
(7) carrying a firearm while performing the duties of the civilian chief executive of the police force.
The bill clarifies that the county prosecutor is authorized to enforce the law in matters relating to the duties of the appropriate authority or civilian chief executive of a county or municipal police force. The Attorney General is to enforce the law in matters relating to the duties of the appropriate authority or civilian chief executive of a State or college or university police force.
The bill also prohibits a civilian chief executive from establishing a title or position that has not been approved by the Department of Personnel or appointing a civilian to control the routine day to day operations of the police department or agency. The bill authorizes an exclusive bargaining representative to directly appeal a violation to the Appellate Division of the Superior Court.
