Bill Text: NJ A207 | 2010-2011 | Regular Session | Chaptered

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Bill Title: Permits hiring of certain laid off law enforcement officers without utilizing Civil Service lists. *

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Passed) 2010-12-09 - Approved P.L.2010, c.103. [A207 Detail]

Download: New_Jersey-2010-A207-Chaptered.html

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§§4, 2 -

C.40A:14-180.1 &

40A:14-180.2

§3 - C.52:17B-4.8

§5 - Note

 

P.L.2010, CHAPTER 103, approved December 9, 2010

Assembly, No. 207 (Third Reprint)

(CORRECTED COPY)

 

An Act concerning certain ¹[sheriff's officers and county corrections] law enforcement¹ officers, amending P.L.1991, c.299 and supplementing Title 40A of the New Jersey Statutes ¹and Title 52 of the Revised Statutes¹.

 

     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 or the sheriff of any county may appoint as a member or officer of the county or municipal police department or as a member or officer of the county sheriff's office 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, or county sheriff's office; 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

     (3)   was, for reasons of economy, terminated as a law enforcement officer within 60 months prior to the appointment.

     b.    A county [or] , municipality, or sheriff 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, or sheriff's office has available to it an eligible or regular reemployment list of [persons] law enforcement officers 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 or a sheriff determines to appoint a person pursuant to the provisions of this act, [it shall give] first priority in making such appointments shall be given 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 be transferable to a new position when the officer is appointed to a law enforcement position pursuant to the provisions of this section.

     The provisions of this section shall not apply to a sheriff's investigator appointed pursuant to section 2 of P.L.1987, c.113 (C.40A:9-117a).

(cf:  P.L.1996, c.13, s.1)

 

     2.    (New section)  a.  The provisions of any other law to the contrary notwithstanding, the appointing authority of a county correctional facility, be that the governing body of the county pursuant to  R.S.30:8-19 or the sheriff pursuant to R.S.30:8-17, may appoint as a county correctional officer any person who:

     (1)   was serving as a county correctional officer in good standing in any county correctional facility in this State; and

     (2)   satisfactorily completed a working test period in a county correctional officer title or in a county which has adopted Title 11A, Civil Service, of the New Jersey Statutes or satisfactorily completed a comparable, documented probationary period in a county correctional title in a county which has not adopted Title 11A, Civil Service; and

     (3)   was, for reasons of economy, terminated as a county correctional officer within 60 months prior to the appointment.

     b.    The appointing authority of a county correctional facility may employ such a person notwithstanding that:

     (1)   Title 11A, Civil Service, of the New Jersey Statutes is operative in that county;

     (2)   the appointing authority has available to it an eligible or regular reemployment list of corrections officers eligible for such appointments; and

     (3)   the appointed person is not on any eligible list.  If the county appointing authority is subject to the provisions of Title 11A, Civil Service, it may not employ such a person if a special reemployment list is in existence for the county corrections officer title to be filled.

     c.     If the county appointing authority 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.

     d.    The seniority, seniority-related privileges, and rank a county corrections officer possessed with the employer who terminated the officer's employment for reasons of economy shall not be transferable to a new position when the officer is appointed to a county corrections officer position pursuant to the provisions of this section.

 

     ¹3.   (New section)  a.  Notwithstanding the provisions of any other law to the contrary, the appointing authority of a State law enforcement department or agency, other than the Division of State Police ²but including the appointing authority of a State college or university established pursuant to chapter 64 of Title 18A of the New Jersey Statutes or of a public research university² , which requires appointees to successfully complete, prior to their appointment, a training course approved by the Police Training Commission may appoint as a member or officer of the agency 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, or county sheriff's office; 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

     (3)   was, for reasons of economy, terminated as a law enforcement officer within 60 months prior to the appointment.

     b.    A department or agency may employ such a person notwithstanding that:

     (1)   the appointment is subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes;

     (2)   the department or agency has available to it an eligible or regular reemployment list of law enforcement officers eligible for such appointments; and

     (3)   the appointed person is not on any eligible list.  The department or agency may not employ such a person if a special reemployment list is in existence for the law enforcement title to be filled.

     c.     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 be transferable to a new position when the officer is appointed to a law enforcement position pursuant to the provisions of this section.¹

 

     ³4.   (New section)  a.  The provisions of any other law to the contrary notwithstanding, the appointing authority of a municipality which, pursuant to N.J.S.40A:14-118, has established and maintains a police force may reappoint as a member or officer of its municipal police department or force any person who:

     (1) did not hold a permanent appointment, but was serving as a probationary officer or as an officer in a field working test period, as prescribed by the Police Training Commission, in the police department or force of that  municipality;

     (2) was, for reasons of economy, terminated as a law enforcement officer within 60 months prior to the reappointment; and

     (3) was, at the time of termination, in good standing.

     b.    A municipality may reemploy such a person notwithstanding that:

     (1) Title 11A, Civil Service, of the New Jersey Statutes is operative in municipality;

     (2) the 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 municipality which has adopted Title 11A, Civil Service, may not reemploy such a person if a special reemployment list is in existence for the law enforcement title to be filled.

     c.     A law enforcement officer reemployed pursuant to this section shall complete the remainder of any probationary or working test period not completed at the time of his termination for reasons of economy.³

 

     ¹[3.] ³[4.¹] 5.³     This act shall take effect on the first day of the third month following enactment ³, except that section 4 shall take effect immediately³.

 

 

                                

 

     Permits hiring of certain laid off law enforcement officers without utilizing Civil Service lists.