Bill Text: NJ S4128 | 2018-2019 | Regular Session | Introduced
Bill Title: Grants certain employment protections to campus police officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-10-24 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4128 Detail]
Download: New_Jersey-2018-S4128-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Grants certain employment protections to campus police officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning campus police officers and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill), a campus police officer means a law enforcement officer appointed pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), but shall not include a law enforcement officer appointed by a county college.
b. Except as provided by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law to the contrary, a non-probationary campus police officer shall not be removed from 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 agency, nor shall a campus police 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 the officer.
c. The complaint shall be filed in the office of the person or entity having charge of the police agency where the complaint is made and a copy shall be served upon the officer charged, with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 or more than 30 days from date of service of the complaint.
d. A complaint charging a violation of the internal rules and regulations established for the conduct of a police agency 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.
(1) The 45-day time limit shall not apply if an investigation of a campus police officer for a violation of the internal rules or regulations of the police agency 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.
(2) The 45-day requirement for filing a complaint against an officer shall not apply to a filing of a complaint by a private individual.
e. The time periods established pursuant to subsections c. and d. of this section shall be extended by any time period during which a student, faculty member, or staff member who has relevant information or testimony pertaining to the complaint or charge is unavailable because:
(1) the institution is in recess; or
(2) the student, faculty member, or staff member is engaged in out-of-State research, study, or teaching commitments.
f. A failure to comply with these 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.
g. The campus police 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.
h. The campus police officer or the police agency may request a court reporter at a hearing. The party who requests the court reporter shall bear the cost of the reporter.
2. The governing board of a four year institution of higher education, if it deems necessary for reasons of economy, may decrease the number of members and campus police officers of the police department or force or their grades or ranks. In case of demotion from the higher ranks, the campus police officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or campus police officers is terminated, the termination shall be in the inverse order of their appointment. Any member or campus police officer who is demoted or whose service is terminated by reason of the decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank and in the case of termination of service and new appointment, prior consideration shall be given to the persons on the special employment list.
3. This act shall take effect immediately.
STATEMENT
This bill grants campus police officers appointed by four year institutions of higher education certain employment protections.
Specifically, the bill provides that campus police officers may not be removed from their employment or position for political reasons or for any cause other than just cause, including incapacity, misconduct, or disobedience of rules and regulations established by the college or university police agency.
Under the bill, a campus police officer may not be suspended, removed, fined, or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the police agency, except for just cause and then only upon a written complaint setting forth the charge against the officer. The bill requires that the complaint be filed in the office of the person or body in charge of the police agency where the complaint is made and that a copy is required to be served upon the officer charged. The complaint is to contain notice of a designated hearing by the proper authorities. The hearing must be held at least 10 days, but not more than 30 days, after the date the complaint was served.
The bill also establishes that the "45-day rule" applies to campus police officers. Under the rule, all complaints against campus police officers for violations of their police agency's internal rules and regulations must be filed within 45 days of establishing the grounds for the complaint. If the complaint is not filed within this 45 day window, the complaint will be dismissed and the campus police officer cannot be fired, suspended, fined or reduced in rank for that violation. The 45-day rule does not apply if a campus police officer's alleged violation of police agency rules and regulations is directly or indirectly related to a criminal investigation involving that officer.
Under the bill, the 45-day rule also does not apply in cases where the complaint is being filed by a private individual.
The bill extends the time requirements when a student, faculty member, or staff member with relevant information or testimony pertaining to the complaint or charge is unavailable because the institution is in recess or he or she is engaged in out-of-State research, study, or teaching commitments.
The bill also provides that an institution of higher education, if it deems necessary for reasons of economy, may decrease the number of members and officers of the police department or force or reduce their grades or ranks. This provision is consistent with current law which allows State, county, and municipal law enforcement departments to decrease the police force or reduce officers' ranks for economic reasons.
The bill further authorizes the campus police officer or the police agency to request a court reporter at a hearing. The party who makes the request is responsible for the cost of the court reporter.
