Rutgers Law

New Jersey Statutes, Title: 52, STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

    Chapter 17B: Establishment of department; "the department" defined

      Section: 52:17B-77.16a: Notification of appointment, employment, separation, suspension, certain sustained findings.

          16. a. The chief law enforcement officer of an employing law enforcement unit shall notify the commission in writing, on a form prescribed by the commission, of a law enforcement officer's appointment to or employment with the law enforcement unit, which shall include the commencement date of such appointment or employment.

b. The chief law enforcement officer of an employing law enforcement unit shall notify the commission, in writing, on a form prescribed by the commission, of the following employment actions concerning a law enforcement officer:

(1) the separation from appointment or employment with the law enforcement unit, which includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence, which notice shall include the date of separation;

(2) the imposition of any discipline subject to appeal;

(3) any suspension of more than five days or 40 hours duration, imposed pending investigation or disciplinary action;

(4) any sustained finding that a law enforcement officer used excessive force;

(5) any pending criminal charge or conviction of any crime, disorderly persons, petty disorderly persons, or driving while intoxicated offense;

(6) any sustained finding that a law enforcement officer is unfit for duty;

(7) any sustained finding that the law enforcement officer filed a false report or submitted a false certification in any criminal, administrative, employment, financial, or insurance matter in the officer's professional or personal life;

(8) any sustained finding that the law enforcement officer mishandled or destroyed evidence;

(9) any sustained finding that the law enforcement officer was untruthful or demonstrated a lack of candor; and

(10) any sustained finding that the law enforcement officer is biased against a particular class of people based on race, creed, color, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).

In addition to the completed form, the employing law enforcement unit shall provide additional supporting information and documentation as may be required by the commission. The employing law enforcement unit shall maintain the original form and submit, or electronically transmit, the information required under this subsection to the commission within two business days of the employment action. Notwithstanding any other provision of law, the completed forms and information submitted to the commission pursuant to this section shall not, by virtue of having been required pursuant to this section, constitute a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or a government record subject to access pursuant to P.L.2001, c.404 (C.47:1A-5 et seq.), but shall be accessible when otherwise required to be disclosed by law.

c. In a case of separation from employment, the employing law enforcement unit shall execute and maintain a form adopted by the commission, setting forth in detail the facts and reasons for the separation. The information contained in the form shall be submitted, or electronically transmitted, to the commission within two business days. If the officer is separated for the officer's failure to comply with the provisions of P.L.2022, c.65 (C.52:17B-71a et al.), the notice shall specify this. Any law enforcement officer who has separated from employment for cause shall be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as the officer understands them. The response shall be submitted to the commission within two business days of the separation.

d. Before employing a licensed law enforcement officer, a subsequent employing law enforcement unit shall contact the commission to inquire as to the facts and reasons an officer was separated from any previous employing unit. The commission shall, upon request and without prejudice, provide to the subsequent employing law enforcement unit all information that is required under subsections a., b., and c. of this section that is in its possession. Notwithstanding this provision, a law enforcement unit seeking to hire a law enforcement officer shall comply with the provisions of section 1 of P.L.2020, c.52 (C.52:17B-247) and request that officer's internal affairs and personnel files from the officer's previous employing law enforcement units.

e. Whenever a law enforcement officer voluntarily separates from employment with a law enforcement unit to commence employment at another unit, the chief law enforcement officer of the former law enforcement unit shall notify the commission in writing in advance, if possible, but no later than two business days after the officer's departure. Upon separation from employment, the law enforcement officer's license shall be placed on inactive status, unless the commission has previously acted to approve the officer's active status at the new employing law enforcement unit. The chief law enforcement officer of that unit shall make application to the commission, in a manner prescribed by the commission, through its regulations, prior to or within two business days of the officer's appointment date to restore the officer's license to active status. The commission shall consider the application and render a decision concerning the reactivation of the officer's license.

f. It shall be unlawful for any State, county, or municipal agency, law enforcement unit, or licensed law enforcement officer to enter into any non-disclosure agreement which seeks to conceal or prevent public review of the circumstances under which the officer separated from or was terminated or fired from employment by the law enforcement unit or State, county, or municipal agency.

L.2022, c.65, s.16.

This section added to the Rutgers Database: 2022-08-12 14:31:31.

Older versions of 52:17B-77.16a (if available):

Court decisions that cite this statute: CLICK HERE.