Bill Text: NJ A996 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises current law permitting paid leave of absence for municipal police officers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Labor Committee [A996 Detail]
Download: New_Jersey-2016-A996-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Revises current law permitting paid leave of absence for municipal police officers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act requiring a resolution to authorize paid leave of absence for municipal police officers under certain circumstances and amending P.L.1973, c.270 and N.J.S.40A:5-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1973, c.270 (C.40A:14-149.1) is amended to read as follows:
1. a. Notwithstanding any other law to the contrary, whenever any municipal police officer is charged under the law of this State, another state, or the United States, with an offense, [said] the police officer may be suspended from performing his duties, with pay, pursuant to subsection b. of this section, until the case against [said] the officer is disposed of at trial, until the complaint is dismissed, or until the prosecution is terminated [; provided, however, that].
b. A municipal governing body shall determine whether to grant paid leave to a municipal police officer suspended from performing his duties, and shall grant that approval by resolution. If the municipal governing body does not approve paid leave for a municipal police officer suspended from performing his duties, that officer shall be suspended from performing his duties without pay.
A municipal governing body may approve an extension of paid leave for a municipal police officer suspended from performing his duties; however, that extension of pay shall not be effective unless approved in writing by the Director of the Division of Local Government Services in the Department of Community Affairs.
A resolution adopted pursuant to this subsection shall be a public record.
c. Notwithstanding the provisions of subsections a. and b. of this section, if a grand jury returns an indictment against [said] the officer, or [said] the officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, [said] the officer may be suspended from his duties, without pay, until the case against [him] the officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.
(cf: P.L.1973, c.270, s.1)
2. N.J.S.40A:5-5 is amended to read as follows:
40A:5-5. Each audit shall embrace the books, accounts and transactions of the local unit and every board, body, officer or commission supported and maintained wholly or in part by funds appropriated by the local unit, unless otherwise provided by statute or regulations of the board. Each audit shall cover a complete fiscal year and, in addition, shall include a verification of all cash and bank balances as of the date of the audit thereof and an audit of the accounts to such date. Each audit also shall list any paid leave of absence authorized by a municipal governing body pursuant to subsection b. of section 1 of P.L.1973, c.270 (C.40A:14-149.1).
(cf: N.J.S.40A:5-5)
3. This act shall take effect immediately.
STATEMENT
Under current law, whenever any municipal police officer is charged under New Jersey law, a law of another state, or a federal law, with an offense, the police officer may be suspended from performing his or her duties, with pay, until the case against the police officer is disposed of at trial, until the complaint is dismissed, or until the prosecution is terminated. (If a grand jury returns an indictment against the officer, or the officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, the officer may be suspended from his or her duties, without pay, until the case against the officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.)
This bill would require a municipal governing body to adopt a resolution to authorize a police officer suspended from his or her duties to receive his or her salary during that suspension from duty. The bill specifically provides that a municipal governing body shall determine whether to grant paid leave to a municipal police officer suspended from performing his duties, and shall grant that approval by resolution. If the municipal governing body does not approve paid leave for a municipal police officer suspended from performing his duties, that officer shall be suspended from performing his duties without pay. The bill also provides that the governing body, by resolution, may authorize an extension of that paid leave for the suspended police officer, only upon the written approval of the Director of the Division of Local Government Services in the Department of Community Affairs.
The provisions of this bill are intended to provide full disclosure of a municipal governing body's decision to provide paid leave to a municipal police officer suspended from the performance of his duties, and of any decision of that municipal governing body to extend that paid leave past the initial, governing body-approved, time period if that extension is approved in writing by the Director of the Division of Local Government Services in the Department of Community Affairs.
