An Act concerning civilian directors of public safety and amending N.J.S.40A:14-118.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.40A:14-118 is amended to read as follows:

The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a police force, whether as a department or as a division, bureau or other agency thereof, and provide for the maintenance, regulation and control thereof. Any such ordinance shall, in a manner consistent with the form of government adopted by the municipality and with general law, provide for a line of authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the force and for the discipline of its members. The ordinance may provide for the appointment of a chief of police and such members, officers and personnel as shall be deemed necessary, the determination of their terms of office, the fixing of their compensation and the prescription of their powers, functions and duties, all as the governing body shall deem necessary for the effective government of the force. Any such ordinance, or rules and regulations, shall provide that the chief of police, if such position is established, shall be the head of the police force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:

a. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;

b. Have, exercise, and discharge the functions, powers and duties of the force;

c. Prescribe the duties and assignments of all subordinates and other personnel;

d. Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and

e. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.

If the position of chief of police is not established, or if the position is established but vacant, the next highest ranking sworn police officer shall be responsible for the efficiency and routine day to day operations of the police force, including carrying out the duties specified in subsections a. through e. of this section. These duties constitute police powers which shall be exercised only by a duly sworn law enforcement officer.

As used in this section, "appropriate authority" means the mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, or the governing body or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body operates.

A person who is designated by ordinance, or is otherwise appointed, as the appropriate authority does not acquire and is not conferred police powers by virtue of that designation or appointment, and the appropriate authority or other chief executive appointed to that civilian position shall not exercise any police powers or perform police duties, including, but not limited to the following:

operate a police patrol car, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service; stop, detain, or arrest persons; wear a law enforcement officer uniform or otherwise exhibit evidence of authority; obtain criminal history record information or access criminal investigative reports without proper authorization; carry a firearm unless otherwise authorized by law; direct a criminal investigation of criminal activity; or conduct, or participate in, an internal affairs investigation within the police force.

The appropriate authority shall not establish any title or position pursuant to this section that has not been approved by the Department of Personnel or appoint a civilian to control the routine day to day operations of the police force.

Except as provided herein, the municipal governing body and individual members thereof shall act in all matters relating to the police function in the municipality as a body, or through the appropriate authority if other than the governing body.

Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.

(cf: P.L.1981, c.266, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would clarify that the civilian head of a municipal police department, such as a director of public safety, does not acquire police powers based on appointment to that position.

Under current law, a municipality which establishes a police department must designate an "appropriate authority," such as a public safety director, to adopt rules and regulations governing the police department and disciplining its members. If the municipality appoints a chief of police, the chief is responsible for the police department's day-to-day operations.

This bill clarifies that the person designated as the appropriate authority, including a public safety director, does not acquire and is not conferred police powers by virtue of that designation or appointment. The bill prohibits the appropriate authority or civilian chief executive from exercising police powers or performing police duties, including operating a marked police patrol car, conducting a motor vehicle stop, engaging in patrol activities or answering calls for service; stopping, detaining or arresting persons; wearing a law enforcement officer uniform or otherwise exhibiting evidence of authority; obtaining criminal history record information or accessing criminal investigative reports without proper authorization; carrying a firearm unless otherwise authorized by law; directing criminal investigations of criminal activity; or conducting, or participating in, an internal affairs investigation within the police force.

The bill also prohibits an appropriate authority from establishing a title or position that has not been approved by the Department of Personnel or appointing a civilian to control the routine day to day operations of the police force.

Finally, the bill specifies that when the position of chief of police is not established, or if the position is established but vacant, the highest ranking sworn police officer, not the appropriate authority, would be responsible for the day to day operations of the police force. These duties constitute police powers and are to be exercised only by a duly sworn law enforcement officer.