Bill Text: NJ A4656 | 2020-2021 | Regular Session | Amended
Bill Title: Authorizes creation of local civilian review boards to review police operations and conduct; appropriates $800,000.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2021-06-21 - Recommitted to Assembly Budget Committee [A4656 Detail]
Download: New_Jersey-2020-A4656-Amended.html
ASSEMBLY, No. 4656
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED SEPTEMBER 17, 2020
Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Tucker, Timberlake, Assemblymen Caputo, Holley and Assemblywoman Vainieri Huttle
SYNOPSIS
Authorizes creation of local civilian review boards to review police operations and conduct; appropriates $800,000.
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Affairs Committee on March 17, 2021, with amendments.
An Act authorizing the creation of local civilian review boards to review police operations and conduct, supplementing Title 40A of the New Jersey Statutes, amending N.J.S.40A:14-118 and P.L.1996, c.115, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
11. (New section) The Legislature finds and declares that:
a. Civilian review boards are oversight mechanisms whereby victims of police misconduct may raise complaints and seek redress, and civilian review boards consist of civilians, rather than sworn police officers, as a means to provide an external check mechanism to police department internal affairs units;
b. Civilian review boards vary in structure and power, ranging from only making recommendations to police directors about disciplinary action to having the power to subpoena officers;
c. The first civilian review board in the United States was created in Washington, DC in 1948, and today, there exist over 100 civilian review boards across the country;
d. On April 30, 2015, Mayor Ras Baraka of Newark, New Jersey signed an executive order establishing a Civilian Complaint Review Board (CCRB) to monitor the Newark Police Department;
e. On March 17, 2016, the Newark Municipal Council passed an ordinance that authorized the CCRB to conduct its own investigations of civilian complaints of police misconduct, as well as review the Newark Police Division's Internal Affairs Unit's investigations of police misconduct, and make discipline recommendations to the city's Public Safety Director;
f. On August 19, 2020, the Supreme Court of New Jersey struck down key parts of Newark's 2016 ordinance and ruled that the CCRB cannot be granted subpoena power, the CCRB may not conduct investigations at the same time as the police department's internal affairs office is conducting its own; and that only legislative action could grant Newark's CCRB with these powers;
g. In recognition of the Court's ruling, the Legislature is taking legislative action to grant necessary subpoena and investigative authority to existing and future civilian review boards, throughout the State, in order to foster transparency, fairness, and equality in policing practices and policies, which in turn will help promote positive relations between police and the local communities they serve.1
1[1.] 2.1 (New section) a. A municipality may, by ordinance, establish a municipal civilian review board.
b. A municipal civilian review board shall consist of 1an odd number of1 at least 1[seven] three1 members appointed by the mayor or other chief executive officer of the municipality with the consent of the governing body of the municipality. 1The mayor or other chief executive officer of the municipality shall solicit recommendations for members to be appointed to the municipal civilian review board from members of organizations concerned with the issues of civil rights; human rights; or racial, social, or economic justice and equality.1 The members shall be residents of the municipality with training or experience in community relations, civil rights, law enforcement, sociology, or other relevant fields. The 1[members shall serve for terms of six years, except for the initial appointees, of whom, two shall serve initial terms of two years, two shall serve initial terms of four years, and the remaining members shall serve initial terms of six years] ordinance shall specify the term length for each member1. Members of a municipal civilian review board shall serve until their successors are appointed and qualified. A member may be reappointed to a municipal civilian review board.
c. The presence of 1[four] a majority of1 members of a municipal civilian review board shall constitute a quorum 1[, except that the number of members required to form a quorum shall increase by one for each additional member of a municipal civilian review board over seven]1. The mayor or other chief executive officer of the municipality shall appoint a chairperson and a vice-chairperson from among the members of the municipal civilian review board. 1[The chairperson and vice-chairperson shall serve for terms of two years and may be reappointed.]1 The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or otherwise incapable of performing the duties of chairperson or, in the case of removal or a permanent incapacity, until the appointment of a successor chairperson by the mayor or other chief executive officer of the municipality.
d. Vacancies in the membership of a municipal civilian review board shall be filled for the unexpired terms in the same manner as the original appointments. In the event that any member of a municipal civilian review board is rendered incapable of performing the duties of a member, the mayor or other chief executive officer of the municipality shall appoint a qualified person to serve in that member's stead during the period of incapacity. 1[Any member may be removed by a] The mayor or other chief executive officer of the municipality, with the consent of the governing body of the municipality, may remove any member of the1 municipal civilian review board for cause.
e. Members of a municipal civilian review board 1[shall] may receive compensation for their services as provided in the ordinance. If the members are to1 serve without compensation, 1[but] the members1 shall be entitled to reimbursement for actual expenses of serving, to the extent that funds are made available for that purpose.
f. 1[The] If the1 governing body of a municipality 1establishes a municipal civilian review board, the governing body1 shall 1[, to the extent that funds are made available by the municipality, the State, or other entity,]1 provide such office facilities and assign such professional and clerical staff as are necessary for the municipal civilian review board to properly perform its duties and to keep and maintain appropriate records.
g. 1(1)1 Each member 1and employee1 of a municipal civilian review board shall 1[, within six months of appointment,]1 complete the training course established 1, designated,1 or approved pursuant to section 1[4] 61 of P.L. , c. (C. ) (pending before the Legislature as this bill) 1, and shall complete a review course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) no less than once every two years thereafter1.
1[A] (2) Except as otherwise provided in this paragraph, a1 municipal civilian review board 1member or employee1 shall not review or investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers, pursuant to paragraphs (3) and (4) of subsection a. of section 1[3] 41 of P.L. , c. (C. ) (pending before the Legislature as this bill), 1[without a quorum of municipal civilian review board members who have competed] unless the member or employee has completed1 the training required by this subsection. 1Notwithstanding the foregoing, members and employees of a municipal civilian review board established by ordinance adopted prior to January 1, 2020 may review or investigate the conduct of law enforcement officers subject to their jurisdiction, or recommend the imposition of discipline of such officers pursuant to paragraphs (3) and (4) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for up to six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if those members and employees have complied with any training requirements established under the municipal ordinance, so that the civilian review board may continue to function while allowing members and employees sufficient time to complete the training required by this section following the implementation of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).1
1[2.] 3.1 (New section) a. A county may, by resolution, establish a county civilian review board that shall have jurisdiction 1[in any participating municipality. A municipality may, by ordinance, elect to be a participating municipality subject to the civilian review board established by the county within which it is located. Upon adoption of such ordinance, the clerk of the municipality shall submit copies of the ordinance to the county civilian review board] over only county-run police departments or its sheriffs' departments. If no county civilian review board exists, a county sheriff's officer shall be subject to investigation by the municipal civilian review board for incidents that take place within the municipality1.
b. A county civilian review board shall consist of 1an odd number of1 at least 1[seven] three1 members appointed by the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners. 1The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall solicit recommendations for members to be appointed to the civilian review board from members of organizations concerned with the issues of civil rights; human rights; or racial, social, or economic justice and equality.1 The members shall be residents of the county with training or experience in community relations, civil rights, law enforcement, sociology, or other relevant fields. The 1[members shall serve for terms of six years, except for the initial appointees, of whom, two shall serve initial terms of two years, two shall serve initial terms of four years, and the remaining members shall serve initial terms of six years] resolution shall specify the term length for each member1. Members of a county civilian review board shall serve until their successors are appointed and qualified. A member may be reappointed to a county civilian review board.
c. The presence of 1[four] a majority of1 members of a county civilian review board shall constitute a quorum 1[, except that the number of members required to form a quorum shall increase by one for each additional member of a county civilian review board over seven]1. The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall appoint a chairperson and a vice-chairperson from among the members of the county civilian review board. 1[The chairperson and vice-chairperson shall serve for terms of two years and may be reappointed.]1 The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or otherwise incapable of performing the duties of chairperson or, in the case of removal or a permanent incapacity, until the appointment of a successor chairperson by the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable.
d. Vacancies in the membership of a county civilian review board shall be filled for the unexpired terms in the same manner as the original appointments. In the event that any member of a county civilian review board is rendered incapable of performing the duties of a member, the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall appoint a qualified person to serve in that member's stead during the period of incapacity. 1[Any member may be removed by a] The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners, may remove any member of the1 county civilian review board for cause.
e. Members of a county civilian review board 1[shall] may receive compensation for their services as provided in the resolution. If the members are to1 serve without compensation, 1[but] the members1 shall be entitled to reimbursement for actual expenses of serving, to the extent that funds are made available for that purpose.
f. 1[The] If the1 board of county commissioners 1establishes a county civilian review board, the governing body1 shall 1[, to the extent that funds are made available by the municipality, the county, the State, or other entity,]1 provide such office facilities and assign such professional and clerical staff as are necessary for the county civilian review board to properly perform its duties and to keep and maintain appropriate records.
g. 1(1)1 Each member 1and employee1 of a county civilian review board shall 1[, within six months of appointment,]1 complete the training course established 1, designated,1 or approved pursuant to section 1[4] 61 of P.L. , c. (C. ) (pending before the Legislature as this bill) 1, and shall complete a review course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) no less than once every two years thereafter1. A county civilian review board 1member or employee1 shall not review or investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers, pursuant to paragraphs (3) and (4) of subsection a. of section 1[3] 41 of P.L. , c. (C. ) (pending before the Legislature as this bill) 1[, without a quorum of county civilian review board members who have competed] unless the member or employee has completed1 the training required by this subsection.
1[3.] 4.1 (New section) a. 1[It shall be the duty of] A municipality or county, may by ordinance or resolution, as applicable, authorize1 a civilian review board established 1by such entity1 pursuant to section 1[1] 21 or section 1[2] 31 of P.L. , c. (C. 1or C. 1) (pending before the Legislature as this bill) to 1perform any or all of the following duties1:
(1) conduct an investigation of the operation of the police force of the municipality, or 1[other law enforcement officers that serve] of the operation conducted in the municipality by the State Police to the extent it serves1 in the capacity of a municipal police force for the municipality, as applicable;
(2) recommend the establishment of policies by the appropriate authority;
(3) review and investigate 1[the conduct of any law enforcement officer] complaints filed with the civilian review board concerning the conduct of any officers or members of the police force of the municipality or county, or those members of the State Police undertaken while serving in the capacity of a municipal police force for the municipality, as applicable1; 1[and]1
(4) recommend the imposition of discipline of such officer consistent with any tenure or civil service laws and contractual agreements 1; and
(5) review any completed internal affairs investigation that is alleged to have missed evidence of police misconduct or failed to properly discipline law enforcement officer misconduct1.
b. A civilian review board may only initiate an action pursuant to 1paragraphs (3) and (4) of1 subsection a. of this section in response to a 1[civilian] civilian-filed1 complaint of excessive or unnecessary force, abuse of authority, discourtesy, 1[or]1 offensive language 1, or false or misleading statements made during an investigation. A civilian review board may also initiate an action after the initial review is undertaken by a department's internal affairs unit pursuant to paragraph (1) of subsection d. of this section1.
c. A 1department's internal affairs unit shall provide their entire case file to the civilian review board for the case under the board's review. If the board determines that additional information or witness testimony is needed, a1 civilian review board shall have the power to subpoena witnesses and documentary evidence, 1directly related to the inquiry,1 which subpoenas shall be enforceable in the Superior Court 1; provided, however, that a civilian review board may not subpoena any information or record that is related to a pending federal, state, or county criminal investigation. The board shall be required to make a motion before the Superior Court for permission to issue any subpoena1. The governing body of the municipality or the board of 1[chosen freeholders] county commissioners1 of the county, as applicable, may delegate to a civilian review board such other powers of inquiry authorized by law as deemed necessary for the conduct of any hearing or investigation. The powers granted and authorized by this subsection shall not be exercised if limited pursuant to subsection d. of this section.
d. 1[A civilian review board investigation may run concurrent to an internal affairs investigation of related conduct by law enforcement, provided that the civilian review board investigation shall cease upon the initiation of a criminal prosecution concerning the related conduct, and provided further that a law enforcement agency may refrain from sharing evidence, or may direct a civilian review board to cease an investigation, if the law enforcement agency determines that evidence sharing, or the investigation itself, would be significantly detrimental to its disciplinary process due to the existence of a related criminal investigation.] (1) Upon receipt of a complaint, a civilian review board shall refer it to the internal affairs unit of the applicable law enforcement agency. If the internal affairs unit does not complete an investigation within 120 days of receipt of the complaint, the civilian review board may initiate an investigation over the subject of the complaint. Furthermore, if the internal affairs unit of the applicable law enforcement agency completes their investigation, a civilian review board may proceed in initiating an investigation over the subject of the complaint.
(2) Upon request by a federal, state, county, or local law enforcement agency conducting a criminal investigation into or prosecution against an individual who is the subject of a complaint filed with a civilian review board, the civilian review board shall stay its investigation until the criminal investigation or prosecution is complete, provided that if a criminal investigation remains pending for more than one year, the head of the federal, state, county, or local law enforcement agency, as the case may be, shall certify to the civilian review board on a quarterly basis that the investigation remains active and shall document actions taken to advance the criminal investigation. The outcome of the criminal investigation or prosecution shall not otherwise limit the civilian review board's ability to investigate a matter or recommend administrative sanctions for conduct that was the subject of criminal investigation or prosecution by a federal, state, county, or local law enforcement agency.1
e. 1(1)1 An ordinance or resolution establishing a civilian review board may set forth guidelines for the operation of the civilian review board consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The guidelines may adopt any relevant guidelines issued by the Attorney General.
1(2) If an allegation or complaint contains evidence that an officer or member of the police force of the municipality or county violated State or federal criminal law, the civilian review board shall promptly report such allegation or complaint to the county prosecutor or, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Attorney General.
(3) A civilian review board and the State, county, or local law enforcement agency subject to review by the civilian review board shall jointly adopt protocols that facilitate the ability of each entity to coordinate concurrent disciplinary investigations by the civilian review board and the internal affairs unit of the law enforcement agency. The Attorney General shall develop sample protocols for this purpose, which shall be made available to law enforcement agencies and civilian review boards.1
f. 1(1)1 A civilian review board shall report any findings and recommendations concerning police operations or conduct to the mayor or other chief executive officer of the municipality, the governing body of the municipality, the chief of police or other chief law enforcement officer of the municipality, the county prosecutor, and, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Superintendent of State Police and the Attorney General.
1(2) The chief of police or other chief law enforcement officer of the municipality or county, or the Superintendent of State Police, as applicable, shall, within 60 days after the receipt of recommendations provided by a civilian review board, provide a written response to the civilian review board on whether the police force of the municipality or county, or the operation conducted in the municipality by the State Police to the extent it serves in the capacity of a municipal police force for the municipality, will follow the recommendations of the civilian review board and if not, provide a written explanation of the reasons therefor. If the chief of police or other chief law enforcement officer cannot make a final determination whether to follow the recommendations of the civilian review board within 60 days, the chief of police or other chief law enforcement officer shall provide in writing to the civilian review board the reasons for delay and anticipated time to fully comply, and provide the final determination as soon as a determination is made.1
g. 1(1) Investigations of complaints filed with a civilian review board shall be conducted in confidence and without publicity, and the civilian review board shall hold confidential any information obtained concerning an investigation while the investigation is pending.
(2)1 Notwithstanding any provision of P.L.1963, c.73 (C.47:1A-1 et seq.) to the contrary, all records made, maintained, or kept on file by a civilian review board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be confidential and unavailable to the public while an investigation is pending, and all personal identifying information contained in all records made, maintained, or kept on file by a civilian review board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), including in any reports 1[issued pursuant to subsection f. of this section] following an investigation into complaints filed with the civilian review board concerning the conduct of an officer1, shall be confidential and unavailable to the public. 1After an investigation is concluded, all records made, maintained, or kept on file by a civilian review board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be accessible to the public in accordance with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), including the recommendation of the civilian review board, the infraction that is the subject of the investigation, and the name and rank of any law enforcement officer who is the subject of a third or subsequent investigation, but excluding any identifying or other information as provided in paragraph (3) of this subsection.
(3) In addition to the records and information subject to the provisions of paragraph (2) of this subsection, the following information shall be confidential and unavailable to the public, regardless of the status of an investigation:
(a) any information that would disclose or reasonably lead to the discovery of the identity of a complainant or witness;
(b) any information related to a law enforcement officer's participation in mental health or drug or alcohol counseling or treatment, resiliency programs, or corrective measures triggered by an early warning system;
(c) any information about ongoing criminal investigations or prosecutions not contained in a public court filing; and
(d) any other information that would not be subject to disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.).1
15. (New section) Any person who, with the intent to injure another, purposely discloses any information concerning the proceedings of a civilian review board, other than as authorized or required by law, commits a crime of the fourth degree. A member or employee of a civilian review board who is convicted of a violation of this section shall be removed from that person's position as a member or employee of the civilian review board.1
1[4.] 6.1 (New section) a. The Attorney General shall, within 45 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), develop 1[a] , designate, and approve1 training 1[course] courses1 for members 1and employees1 of civilian review boards established pursuant to section 1[1] 21 or section 1[2] 31 of P.L. , c. (C. 1or C. 1) (pending before the Legislature as this bill). The training 1[course] courses1 shall first be offered as soon as practicable after its development and thereafter offered on 1at least1 a biannual basis. The training 1[course] courses provided by the Attorney General1 shall be provided at no cost to members 1and employees1 of a civilian review board or the applicable municipality or county. The training 1[course] courses1 shall be designed to help 1familiarize1 civilian review board members 1and employees with applicable internal affairs policies and procedures and help the civilian review board members to1 fairly and effectively carry out their duties under section 1[3] 41 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Attorney General shall authorize that one or more civilian review board training courses, offered by the National Association for Civilian Oversight of Law Enforcement or similar entities, may serve as a training alternative to the course established pursuant to subsection a. of this section. 1[If a civilian review board member takes an alternative training course, the Attorney General may pay for a portion of the member's course-related costs. The Attorney General shall adopt standards for when such payments shall be made.]
c. The Attorney General shall, within 60 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), develop a uniform electronic civilian complaint system for all police departments to conspicuously post on their municipal Internet websites for members of the public to anonymously submit complaints of law enforcement misconduct. The submitted complaints shall be made solely available to the head of the department's internal affairs unit, the municipal or county civilian complaint review board if one exists, and the chief of police or other chief law enforcement officer of the municipality. Anonymous complaints shall be confidential and not subject to disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.).1
17. (New section) There is established in the Department of Law and Public Safety a special, dedicated nonlapsing fund to be known as the "Civilian Review Board Training Fund." The fund shall be credited with moneys made available from an appropriation of $800,000 pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), to effectuate the purposes of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and other moneys that the Legislature may deem appropriate from time to time.1
1[5.] 8.1 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. 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 position is established, shall be the head of the police force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:
a. 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, exercise, and discharge the functions, powers and duties of the force;
c. Prescribe the duties and assignments of all subordinates and other personnel;
d. Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; 1[and]1
e. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority 1; and
f. Cooperate and coordinate with any municipal or county civilian review board established pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill), in the exercise of its lawful authority1.
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, or any municipal board or commission 1[, including any civilian review board,]1 established by ordinance for such 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.
Except as provided herein, the municipal governing body and individual members thereof 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 shall prevent the appointment by the governing body of 1a civilian review board established pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill) or other1 committees or commissions 1[, including any civilian review board,]1 to conduct investigations of the operation of the police force, and the delegation to 1a civilian review board or1 such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law , and nothing herein shall infringe on or limit the power or duty of such committee, commission, or civilian review board. Nothing herein contained 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. In addition, nothing herein contained 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)
1[6.] 9.1 Section 10 of P.L.1996, c.115 (C.40A:14-181) is amended to read as follows:
10. 1a.1 Every law enforcement agency, including a police department of an institution of higher education established pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall adopt and implement guidelines which shall be consistent with the guidelines governing the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety, and shall be consistent with any tenure or civil service laws, and shall not supersede any existing contractual agreements.
1b.1 The "Internal Affairs Policy and Procedures" shall require 1[the disclosure of reports, complaints, and other investigative materials, including video, sound, or other recording, to] that, in adopting the guidelines required pursuant to subsection a. of this section, the law enforcement agency consult and coordinate with1 the appropriate authority, as defined in N.J.S.40A:14-118, as well as any civilian review board established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) 1, to establish procedures and protocols governing the disclosure of reports, complaints, and other investigative materials, including video, sound, or any other recording requested by the appropriate authority or civilian review board1.
(cf: P.L.2015, c.52, s.1)
1[7.] 10.1 There is appropriated 1[$600,000] $800,0001 from the General Fund to the 1[Attorney General] Civilian Review Board Training Fund1, which shall be used to fund the civilian review board training 1[course] courses1 established 1[, and any reimbursements for alternative training courses approved,]1 pursuant to section 1[4] 61 of P.L. , c. (C. ) (pending before the Legislature as this bill).
1[8.] 11.1 This act shall take effect immediately.
