Bill Text: NJ S273 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits municipalities to transfer the responsibility for hiring adult school crossing guards to the local school district and any charter schools located in the municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Education Committee [S273 Detail]
Download: New_Jersey-2010-S273-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Permits municipalities to transfer the responsibility for hiring adult school crossing guards to the local school district and any charter schools located in the municipality.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning school crossing guards and amending P.L.2007, c.63 and P.L.1979, c.82.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2007, c.63 (C.40A:65-3) is amended to read as follows:
3. As used in sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35):
"Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.
"Construct" and "construction" connote and include acts of construction, reconstruction, replacement, extension, improvement and betterment of lands, public improvements, works, facilities, services or undertakings.
"Contracting local units" means local units participating in a joint meeting.
"Director" means the Director of the Division of Local Government Services in the Department of Community Affairs.
"Division" means the Division of Local Government Services in the Department of Community Affairs.
"Governing body" means the board, commission, council, or other body having the control of the finances of a local unit; and in those local units in which an executive officer is authorized by law to participate in such control through powers of recommendation, approval, or veto, the term includes that executive officer, to the extent of the officer's statutory participation.
"Joint contract" means an agreement between two or more local units to form a joint meeting.
"Joint meeting" means the joint operation of any public services, public improvements, works, facilities, or other undertaking by contracting local units pursuant to a joint contract under section 14 of P.L.2007, c.63 (C.40A:65-14).
"Local unit" means a "contracting unit" pursuant to section 2 of P.L.1971, c.198 (C.40A:11-2), a "district" pursuant to N.J.S.18A:18A-2, a school district under State intervention pursuant to section 1 of P.L.1987, c.399 (C.18A:7A-34), a charter school, a "county college" pursuant to N.J.S.18A:64A-1, a joint meeting, or any authority or special district that is subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.).
"Operate" and "operation" mean and include acquisition, construction, maintenance, management, and administration of any lands, public improvements, works, facilities, services, or undertakings.
"Person" means any person, association, corporation, nation, State, or any agency or subdivision thereof, or a county or municipality of the State.
"Service" means any of the powers, duties and functions exercised or performed by a local unit by or pursuant to law.
"Shared service" or "shared" means any service provided on a regional, joint, interlocal, shared, or similar basis between local units, the provisions of which are memorialized by agreement between the participating local units, but, for the purposes of this act, does not include any specific service or activity regulated by some other law, rule or regulation.
"Shared service agreement" or "agreement" means a contract authorized under section 4 of P.L.2007, c.63 (C.40A:65-4).
"Terminal leave benefit" means a single, lump sum payment, paid at termination, calculated using the regular base salary at the time of termination.
(cf: P.L.2007, c.63, s.3)
2. Section 1 of P.L.1979, c.82 (C.40A:9-154.1) is amended to read as follows:
1. a. The governing body, or the chief executive, or the chief administrative officer, as appropriate to the form of government of any municipality, may appoint adult school crossing guards for terms not exceeding one year and revoke such appointments for cause and after proper hearing before the chief of police or other chief law enforcement officer of the municipality. No person shall be appointed as an adult school crossing guard unless he:
[a.] (1) Is a citizen and resident of this State;
[b.] (2) Is sound in body and of good health;
[c.] (3) Is of good moral character; and
[d.] (4) Has not been convicted of any criminal offense involving moral turpitude.
An adult school crossing guard may be a member of the police department or force of the municipality and his powers and duties as an adult school crossing guard shall cease at the expiration of the term for which he was appointed. He shall not have the right to bear firearms or the power of arrest unless the crossing guard is also a member of a police department or force.
Every adult school crossing guard shall be under the supervision and direction of the chief of police or other chief law enforcement officer of the municipality wherein he is appointed and shall perform his duties only in such municipality. He shall comply with the rules and regulations applicable to the conduct and decorum of the regular police officers of the municipality. Before any adult school crossing guard is appointed the chief of police shall ascertain the eligibility of the applicant and make a report to the governing body, or the chief executive or chief administrative officer, as the case may be.
b. If the municipality determines not to appoint adult school crossing guards pursuant to subsection a. of this section, then the board of education of the school district located in the municipality and the board of trustees of any charter school located in the municipality shall appoint adult school crossing guards for terms not exceeding one year. In the case of a municipality in which more than one school district or charter school may have the responsibility to appoint adult school crossing guards, the Commissioner of Education shall determine the method for apportioning the responsibility. The appointment of an adult school crossing guard may be revoked for cause after proper hearing before the board of education or board of trustees as appropriate.
An adult school crossing guard appointed pursuant to this subsection shall meet the criteria for the position as set forth in subsection a. of this section and shall comply with the rules and regulations applicable to the conduct and decorum of the regular police officers of the municipality.
Every adult school crossing guard appointed pursuant to this subsection shall be under the supervision and direction of the board of education or board of trustees, as appropriate, except that the board of education or board of trustees shall consult with the chief of police or other chief law enforcement officer of the municipality in the assignment of the adult school crossing guards to specific locations. A school district or charter school may delegate the supervision and direction of adult school crossing guards to the chief of police or other chief law enforcement officer of the municipality in which the adult school crossing guard is appointed, with the consent of the chief of police or other chief law enforcement officer.
This subsection shall not preclude a municipality from appointing and assigning additional adult school crossing guards in the municipality, if deemed appropriate. A municipality may enter into a shared service agreement with the board of education or the board of trustees of a charter school pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), in order to defray its expenses for appointing the additional adult school crossing guards.
(cf: P.L.1996, c.113, s.15)
3. Section 4 of P.L.1979, c.82 (C.40A:9-154.4) is amended to read as follows:
4. [The] Except as provided pursuant to section 1 of P.L.1979, c.82 (C.40A:9-154.1), the chief of police or other chief law enforcement officer of a municipality shall have the right to position school crossing guards on any street or highway within the municipality; provided, however, that such guards may be stationed only when it is necessary to control or direct vehicular or pedestrian traffic during those time periods of a school day when it is necessary to control traffic or during any special event or program involving pedestrian crossings whenever it is deemed to be in the best interests of public safety.
(cf: P.L.1979, c. 82, s. 4)
4. This act shall take effect immediately.
STATEMENT
Under current law it is the responsibility of municipalities to appoint and pay for the services of adult school crossing guards. This bill would permit a municipality to make a determination not to provide adult school crossing guards, and transfer the responsibility of the appointment and funding of these positions to the school district and any charter schools located in the municipality.
Adult school crossing guards appointed by the school district or charter school would be under the supervision and direction of the board of education or board of trustees of the charter school, as appropriate. However, the board of education or board of trustees will consult with the chief of police in regard to the assignment of the adult school crossing guards. The bill further provides that a school district or charter school is authorized to delegate the supervision and direction of the adult school crossing guards to the chief of police, with the consent of the chief of police.
In a municipality in which the school district and charter schools have the responsibility of appointing the adult school crossing guards, the municipality would have the authority to appoint adult school crossing guards in addition to the ones that the school district or charter schools have appointed, if the municipality deems those additional positions are appropriate. In this case the municipality may enter into a shared service agreement with the board of education or the boards of trustees of the charter schools in order to defray its expenses in appointing the additional adult school crossing guards.
