New Jersey-2020-A4737-Introduced

An Act concerning initial hiring preference for municipal and county law enforcement officers, and amending and supplementing P.L.1976, c.132.

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

1. Section 2 of P.L.1976, c.132 (C.40A:14-123.1a) is amended to read as follow:

2. a. In any municipality of this State, before any person shall be appointed as a member of the police department and force, the appointing authority [may] shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:

I. Residents of the municipality.

II. Other residents of the county in which the municipality is situate.

III. Other residents of the State.

IV. All other qualified applicants.

Within each [such] classification duly qualified applicants who are veterans shall be accorded [all such] any applicable veterans' preferences as are provided by law. Persons discharged from the service within [6] six months prior to making application to [such] a municipality who fulfill the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.

Preference in appointment second to that accorded to veterans pursuant to current law but superseding that accorded non-veterans shall be accorded all duly qualified applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State at any time prior to the closing date for the filing of an application, provided that required documentation is submitted with the application by the closing date. This paragraph shall not, however, be applicable if the municipality has entered into a consent decree with the United States Department of Justice concerning the hiring practices of the municipality.

When a veteran and a non-veteran whose parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State are duly qualified applicants for a position, first preference shall be given to the veteran.

As used in this section, "law enforcement officer" means any person who is employed as a permanent full-time member of an

enforcement agency, who is statutorily empowered to act for the detection, investigation, arrest and conviction of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved, or certified as being substantially equivalent to [such] an approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.); and "law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which has by statute or ordinance the responsibility of detecting and enforcing the general criminal laws of this State.

b. [In any municipality which classifies qualified applicants pursuant to] When making appointments in accordance with subsection a. of this section, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any [such] class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

c. In any [such] municipality operating under the provisions of Title 11A of the New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make [such] certifications from [said] the classes separately and successively, and shall certify no persons from any [such] class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.

d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the police department.

e. In making temporary appointments, including appointments of special law enforcement officers made in accordance with the "Special Law Enforcement Officers' Act," P.L.1985, c. 439, (C.40A:14-146.8 et seq.), the appointing authority [may] shall utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the positions to be temporarily filled.

(cf: P.L.2008, c.29, s.98)

2. (New section) a. In any county of this State, before any person shall be appointed as a member of county police department or other county entity that employs law enforcement officers, the appointing authority shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:

I. Residents of the county.

II. Other residents of the State.

III. All other qualified applicants.

Within each classification duly qualified applicants who are veterans shall be accorded any applicable veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to a county who fulfill the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class II.

Preference in appointment second to that accorded to veterans pursuant to current law but superseding that accorded non-veterans shall be accorded all duly qualified applicants whose natural or adoptive parent was killed in the lawful discharge of official duties while serving as a law enforcement officer in any law enforcement agency in the State at any time prior to the closing date for the filing of an application, provided that required documentation is submitted with the application by the closing date. This paragraph shall not, however, be applicable if the county has entered into a consent decree with the United States Department of Justice concerning the hiring practices of the county.

As used in this section, "law enforcement officer" means any person who is employed as a permanent full-time member of an enforcement agency, who is statutorily empowered to act for the detection, investigation, arrest and conviction of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved, or certified as being substantially equivalent to an approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.); and "law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which has by statute or ordinance the responsibility of detecting and enforcing the general criminal laws of this State.

b. When making appointments in accordance with subsection a. of this section, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

c. In any county operating under the provisions of Title 11A of the New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make certifications from the classes separately and successively, and shall certify no persons from any class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.

d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the county police department or other county entity.

e. In making temporary appointments, including appointments of special law enforcement officers made in accordance with the "Special Law Enforcement Officers' Act," P.L.1985, c.439, (C.40A:14-146.8 et seq.), the appointing authority shall utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the positions to be temporarily filled.

3. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill makes mandatory the hiring preferences for municipal law enforcement officers that are optional under current law, and extends the hiring preferences to county law enforcement agencies.

Current law permits municipalities to choose whether to classify their qualified applicants for appointment to a police department or force. The law provides that the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes: (1) residents of the municipality; (2) other residents of the county in which the municipality is situate; (3) other residents of the State; and (4) all other qualified applicants. Additionally, the law provides for hiring preferences for veterans and the children of law enforcement officers killed in the line of duty.

Under the provisions of this bill, the classification of qualified applicants would be mandatory for municipal police departments and forces. Additionally, the bill extends the mandatory classification system to appointments made by county law enforcement agencies. The bill also specifies that the classification system would apply to appointments of special law enforcement officers made in accordance with the "Special Law Enforcement Officers' Act."