ASSEMBLY No 207 STATE OF NEW JERSEY 214th LEGISLATURE

assembly, no. 207 state of new jersey 214th legislature pre-filed for introduction in the 2010 session sponsored by:

ASSEMBLY, No. 207

STATE OF NEW JERSEY
214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
Co-Sponsored by:
Assemblywomen Rodriguez, Handlin, Assemblyman Scalera and
Assemblywoman Evans
SYNOPSIS
Permits sheriffs, local police, and county corrections facilities to
hire certain laid off officers without utilizing certain Civil Service
lists.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel

An Act concerning certain sheriff’s officers and county corrections
officers, amending P.L.1991, c.299 and supplementing Title 40A of the
New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. Section 1 of P.L.1991, c.299 (C.40A:14-180) is amended to read as
follows:
1. a. The provisions of any other law to the contrary notwithstanding,
the appointing authority of a county or municipality which, pursuant
to N.J.S.40A:14-106, in the case of a county, or N.J.S.40A:14-118, in
the case of a municipality, has established and maintains a police
force or the sheriff of any county may appoint as a member or officer
of the county or municipal police department or as a member or officer
of the county sheriff’s office any person who:
(1) was serving as a law enforcement officer in good standing in any
State, county or municipal law enforcement department or agency, or
county sheriff’s office; and
(2) satisfactorily completed a working test period in a State law
enforcement title or in a law enforcement title in a county or
municipality which has adopted Title 11A, Civil Service, of the New
Jersey Statutes or satisfactorily completed a comparable, documented
probationary period in a law enforcement title in a county or
municipality which has not adopted Title 11A, Civil Service; and
(3) was, for reasons of economy, terminated as a law enforcement
officer within 60 months prior to the appointment.
b. A county [or] , municipality, or sheriff may employ such a person
notwithstanding that:
(1) Title 11A, Civil Service, of the New Jersey Statutes is operative
in that county or municipality;
(2) the county [or] , municipality, or sheriff’s office has available
to it an eligible or regular reemployment list of [persons] law
enforcement officers eligible for such appointments; and
(3) the appointed person is not on any eligible list. A county or
municipality which has adopted Title 11A, Civil Service, may not
employ such a person if a special reemployment list is in existence
for the law enforcement title to be filled.
c. If a county or a sheriff determines to appoint a person pursuant to
the provisions of this act, [it shall give] first priority in making
such appointments shall be given to residents of the county. A
municipality making such an appointment shall give first priority to
residents of the municipality and second priority to residents of the
county not residing in the municipality.
d. The seniority, seniority-related privileges and rank a law
enforcement officer possessed with the employer who terminated the
officer's employment for reasons of economy shall not be transferable
to a new position when the officer is appointed to a law enforcement
position pursuant to the provisions of this section.
The provisions of this section shall not apply to a sheriff’s
investigator appointed pursuant to section 2 of P.L.1987, c.113
(C.40A:9-117a.
(cf: P.L.1996, c.13, s.1)
2. (New section) a. The provisions of any other law to the contrary
notwithstanding, the appointing authority of a county correctional
facility, be that the governing body of the county pursuant to
R.S.30:8-19 or the sheriff pursuant to R.S.30:8-17, may appoint as a
county correctional officer any person who:
(1) was serving as a county correctional officer in good standing in
any county correctional facility in this State; and
(2) satisfactorily completed a working test period in a county
correctional officer title or in a county which has adopted Title 11A,
Civil Service, of the New Jersey Statutes or satisfactorily completed
a comparable, documented probationary period in a county correctional
title in a county which has not adopted Title 11A, Civil Service; and
(3) was, for reasons of economy, terminated as a county correctional
officer within 60 months prior to the appointment.
b. The appointing authority of a county correctional facility may
employ such a person notwithstanding that:
(1) Title 11A, Civil Service, of the New Jersey Statutes is operative
in that county;
(2) the appointing authority has available to it an eligible or
regular reemployment list of corrections officers eligible for such
appointments; and
(3) the appointed person is not on any eligible list. If the county
appointing authority is subject to the provisions of Title 11A, Civil
Service, it may not employ such a person if a special reemployment
list is in existence for the county corrections officer title to be
filled.
c. If the county appointing authority determines to appoint a person
pursuant to the provisions of this act, it shall give first priority
in making such appointments to residents of the county.
d. The seniority, seniority-related privileges and rank a county
corrections officer possessed with the employer who terminated the
officer's employment for reasons of economy shall not be transferable
to a new position when the officer is appointed to a county
corrections officer position pursuant to the provisions of this
section.
3. This act shall take effect on the first day of the third month
following enactment.
STATEMENT
This bill adds the county sheriff to the law enforcement agencies that
are authorized to hire law enforcement officers that have been laid
off by other law enforcement agencies for reasons of economy, without
having to go through any Civil Service list of eligible employees.
Under current law, county and municipal police forces are authorized
to hire laid off law enforcement officers without utilizing any Civil
Service lists, provided that the laid off officer was in good standing
as an employee at the time of the lay off and had satisfactorily
completed a working test period.
This bill amends the existing law to add the county sheriff to the
agencies that are statutorily authorized to hire laid off law
enforcement officers.
The bill also adds a new section of law to authorize the appointing
authority of each county correctional facility to hire county
corrections officers that have been laid off by other county
correctional facilities without having to go through any Civil Service
list of eligible employees. The authority to hire laid off county
corrections officers has to be extended under a separate section of
law since their training requirements and law enforcement experiences
are distinctly different from those of sheriff’s officers and county
and municipal police officers. Because of these differences, this bill
also clarifies that the Civil Service Commission may promulgate two
separate reemployment lists: one for law enforcement officers and one
for corrections officers. Having two separate lists allows for the
Commission to choose the person with the appropriate training for the
position being filled.
The bill further clarifies that sheriff’s officers are excluded from
the bill’s provisions.
County sheriffs are authorized by law to appoint up to 15 percent of
the total number of sheriff’s officers employed by the sheriff to the
position of sheriff’s investigator. These sheriff’s investigators
serve at the pleasure of the appointing sheriff and are specifically
included in the unclassified service of the civil service.
(Sponsorship Updated As Of: 2/9/2010)