Bill Text: NJ A207 | 2010-2011 | Regular Session | Introduced
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-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
Co-Sponsored by:
Assemblywomen Rodriguez, Handlin, Assemblyman Scalera and Assemblywoman Evans
SYNOPSIS
Permits sheriffs, local police, and county corrections facilities to hire certain laid off officers without utilizing certain Civil Service lists.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain sheriff's officers and county corrections officers, amending P.L.1991, c.299 and supplementing Title 40A of the New Jersey Statutes.
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.
3. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill adds the county sheriff to the law enforcement agencies that are authorized to hire law enforcement officers that have been laid off by other law enforcement agencies for reasons of economy, without having to go through any Civil Service list of eligible employees.
Under current law, county and municipal police forces are authorized to hire laid off law enforcement officers without utilizing any Civil Service lists, provided that the laid off officer was in good standing as an employee at the time of the lay off and had satisfactorily completed a working test period.
This bill amends the existing law to add the county sheriff to the agencies that are statutorily authorized to hire laid off law enforcement officers.
The bill also adds a new section of law to authorize the appointing authority of each county correctional facility to hire county corrections officers that have been laid off by other county correctional facilities without having to go through any Civil Service list of eligible employees. The authority to hire laid off county corrections officers has to be extended under a separate section of law since their training requirements and law enforcement experiences are distinctly different from those of sheriff's officers and county and municipal police officers. Because of these differences, this bill also clarifies that the Civil Service Commission may promulgate two separate reemployment lists: one for law enforcement officers and one for corrections officers. Having two separate lists allows for the Commission to choose the person with the appropriate training for the position being filled.
The bill further clarifies that sheriff's officers are excluded from the bill's provisions.
County sheriffs are authorized by law to appoint up to 15 percent of the total number of sheriff's officers employed by the sheriff to the position of sheriff's investigator. These sheriff's investigators serve at the pleasure of the appointing sheriff and are specifically included in the unclassified service of the civil service.
