Bill Text: NJ A571 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes chief of police contractual municipal employee and requires peer review and performance evaluation for contract renewal.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A571 Detail]
Download: New_Jersey-2010-A571-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Makes chief of police contractual municipal employee and requires peer review and performance evaluation for contract renewal.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning municipal chiefs of police, supplementing Title 40A of the New Jersey Statutes, and amending N.J.S.40A:14-147 and N.J.S.11A:3-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of N.J.S.40A:14-147 or any other relevant provision of Title 40A or Title 11A of the New Jersey Statutes, the appointing authority of a municipality shall appoint a chief of police for a contractual term of three years.
b. At the conclusion of the contractual term, the chief of police shall be deemed reappointed for another three-year contractual term unless the chief fails to adequately address to the satisfaction of the appointing authority deficiencies identified in the performance evaluation required by section 3 of P.L. c. (C. ) (pending before the Legislature as this bill), in which event his employment shall cease at the expiration of that term.
c. During the contractual term, a chief of police shall not be dismissed or reduced in compensation, except for inefficiency, incapacity, or conduct unbecoming a chief of police, or for other just cause.
2. (New section) a. One year prior to the expiration of the three-year contract between a chief of police and the appointing authority of a municipality as established in section 1 of P.L. c. (C. ) (pending before the Legislature as this bill), the chief of police shall be evaluated by a peer review panel for the purpose of identifying any deficiencies in the performance of the chief of police and making recommendations for addressing these deficiencies.
b. The peer review panel shall consist of chiefs of police in the county in which the municipality is situate. The chiefs of police on the panel shall be chosen in a manner to be determined by the applicable county chiefs of police association. No chief of police who is in the third-year of a municipal contract shall be a member of the panel.
c. The peer review panel shall consider the following in evaluating the performance of the chief of police:
(1) whether the chief of police is satisfactorily managing the routine day to day operations of the municipal police department as required by N.J.S.40A:14-118;
(2) whether the chief of police is implementing the policies of the appropriate authority;
(3) whether the chief of police is complying with the rules and regulations established for the government of the police department and force;
(4) whether the chief of police is meeting the particular law enforcement needs of the municipality; and
(5) the size of the police department or force, the population of the municipality, and the crime rate.
3. (New section) a. Prior to the expiration of a three-year contract between a chief of police and an appointing authority of a municipality, a three-person committee shall evaluate the performance of the chief of police for the purpose of identifying any deficiencies in the performance of the chief of police and making recommendations for addressing these deficiencies.
b. The performance evaluation committee shall be comprised of the Attorney General or a designee; the county prosecutor of the county in which the municipality is situate or a designee; and a representative of the municipal governing body.
c. The performance evaluation committee shall consider the following in evaluating the performance of the chief of police:
(1) whether the chief of police is satisfactorily managing the routine day to day operations of the municipal police department as required by N.J.S.40A:14-118;
(2) whether the chief of police is implementing the policies of the appropriate authority;
(3) whether the chief of police is complying with the rules and regulations established for the government of the police department and force;
(4) whether the chief of police is meeting the particular law enforcement needs of the municipality; and
(5) the size of the police department or force, the population of the municipality, and the crime rate.
d. The performance evaluation committee shall hold a public hearing to which citizens of the municipality are invited to testify concerning the performance of the chief of police. The committee shall consider the testimony received during the hearing in its deliberations.
e. The committee shall give due consideration to the findings of the peer review panel established in section 4 of P.L. c. (pending before the Legislature as this bill), and, if applicable, the response of the chief of police to any deficiencies identified by the panel.
f. The final performance evaluation shall be supported by a majority of the members of the committee.
g. The final performance evaluation shall be in writing, a copy of which shall be presented to the chief, in writing, at least six months prior to the expiration of chief's contract. The chief of police and the appointing authority shall meet to discuss the evaluation.
h. The appropriate authority may refuse to renew the contract of a chief of police if the chief fails to adequately address deficiencies identified in the evaluation of the committee.
i. Nothing in this section shall affect any tenure rights which shall have already accrued to any chief of police prior to the effective date of this act. A chief of police shall retain all tenure rights accrued in any position which was previously held by the chief of police in the municipality.
4. N.J.S.40A:14-147 is amended to read as follows:
40A:14-147. Except as provided for chiefs of police in P.L. , c. (C. ) (pending before the Legislature as this bill) and as otherwise provided by law, no permanent member or officer of the police department or force, shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the police department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment, or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. The complaint shall be filed in the office of the body, officer or officers having charge of the department or force wherein the complaint is made and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 nor more than 30 days from date of service of the complaint.
A complaint charging a violation of the internal rules and regulations established for the conduct of a law enforcement unit shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The 45-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules or regulations of the law enforcement unit is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State. The 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement of this paragraph for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.
A failure to comply with said provisions as to the service of the complaint and the time within which a complaint is to be filed shall require a dismissal of the complaint.
The law enforcement officer may waive the right to a hearing and may appeal the charges directly to any available authority specified by law or regulation, or follow any other procedure recognized by a contract, as permitted by law.
(cf: P.L.1996, c.115, s.2)
5. N.J.S.11A:3-5 is amended to read as follows:
11A:3-5. Political subdivision unclassified service. The political subdivision unclassified service shall not be subject to the provisions of this title unless otherwise specified and shall include the following:
a. Elected officials;
b. One secretary and one confidential assistant to each mayor;
c. Members of boards and commissions authorized by law;
d. Heads of institutions;
e. Physicians, surgeons and dentists;
f. Attorneys of a county, municipality or school district operating under this title;
g. Teaching staff, as defined in N.J.S.18A:1-1, in the public schools and county superintendents and members and business managers of boards of education;
h. Principal executive officers;
i. One secretary, clerk or executive director to each department, board and commission authorized by law to make the appointment;
j. One secretary or clerk to each county constitutional officer, principal executive officer, and judge;
k. One deputy or first assistant to a principal executive officer who is authorized by statute to act for and in place of the principal executive officer;
l. No more than 12 county department heads and the heads of divisions within such departments; provided that the total number of unclassified positions created by the county administrative code pursuant to this subsection shall not exceed 20;
m. One secretary or confidential assistant to each unclassified department or division head established in subsection l.;
n. Employees of county park commissions, appointed pursuant to R.S.40:37-96 through R.S.40:37-174, in counties of the second class;
o. Directors of free public libraries in cities of the first class having a population of more than 300,000;
p. One secretary to the municipal council in cities of the first class having a population of less than 300,000;
q. One secretary and one confidential aide for each member of the board of freeholders other than the director, and one secretary and two confidential aides for the freeholder director, of any county of the second class with a population of at least 470,000 which has not adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.) and one secretary or confidential aide for each member of the board of freeholders of any other county which has not adopted the provisions of the "Optional County Charter Law";
r. In school districts organized pursuant to N.J.S.18A:17-1 et seq., the executive controller, public information officer and the executive directors of board affairs, personnel, budget, purchasing, physical facilities, data processing, financial affairs, and internal audit;
s. The executive director, assistant executive director, director of staff operations, director of administration, director of redevelopment and the urban initiatives coordinator of a local housing authority;
t. The sheriff's investigators of any county appointed pursuant to P.L.1987, c.113 (C.40A:9-117a);
u. Any title as provided by statute or as the board may determine in accordance with criteria established by rule;
v. One confidential aide for each county clerk, in addition to the titles included under subsection j. of this section; and
w. Two deputy municipal clerks in cities of the first class having a population of not less than 240,000 persons or more than 250,000 persons according to the 2000 federal decennial census.
x. A chief of police of a municipality appointed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2002, c.59, s.1)
6. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill would make the position of chief of police in a municipality a contractual one. Under current law, chiefs of police can only be removed from office for incapacity, misconduct or disobedience of the police department's rules and regulations.
Under the bill, a municipality would be authorized to hire a chief of police for a period of three years. The chief would be deemed reappointed at the end of that time unless the municipality determines the chief has failed to adequately address deficiencies identified by a performance evaluation committee.
The performance review committee would be comprised of the Attorney General or a designee; the county prosecutor of the county in which the municipality is situate or a designee; and a representative of the municipal governing body. The performance evaluation would have to be provided to the chief of police, in writing, at least six months before the expiration of the three-year contract.
The performance evaluation committee is required to hold a public hearing to which citizens of the municipality are invited to testify concerning the performance of the chief of police and must consider the testimony received during this hearing in its evaluation. The final performance evaluation shall be supported by a majority of the persons on the committee.
The bill specifies that a municipality may refuse to renew the contract of a chief of police if the chief fails to adequately address deficiencies indicated in an unsatisfactory performance evaluation.
Preliminary to the final performance evaluation by the committee, the bill provides for a peer assessment review of the chief of police's performance. The peer review panel would consist of chiefs of police of the county in which the municipality is situate. The chiefs of police on the panel would be chosen by the applicable county chiefs of police association. A chief of police who is in the third-year of a municipal contract would not be eligible to sit on the panel. The panel would conduct this review one year prior to the expiration of the contract. The performance evaluation committee would be required to give due consideration to the findings of the panel and, if applicable, the response of the chief of police to any deficiencies identified by the panel.
The performance evaluation committee and the peer review panel are to consider the following in making their evaluations: (1) whether the chief of police is satisfactorily managing the routine day to day operations of the municipal police department as required by N.J.S.40A:14-118; (2) whether the chief of police is implementing the policies of the appropriate authority; (3) whether the chief of police is complying with the rules and regulations established for the government of the police department and force; (4) whether the chief of police is meeting the particular law enforcement needs of the municipality; and (5) the size of the police department or force, the population of the municipality, and the crime rate.
Under the bill, tenure rights already accrued to any chief of police prior to its effective date would not be affected. A chief of police will retain all tenure rights accrued in any position which was previously held by the chief of police in the municipality. Under these provisions, a chief of police whose contract is not renewed would be able to continue as a member of the police department in another position.
