SENATE, No. 3136

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED AUGUST 10, 2015

 

 

Sponsored by:

Senator  PETER J. BARNES, III

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Authorizes county prosecutor to order removal of municipal police officer unable to perform essential function of office.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the powers of county prosecutors and supplementing Title 2A of the New Jersey Statutes.

 

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

 

     1.    a.  The county prosecutor, as the chief law enforcement officer in the county, may order the removal from a police force within the county any officer who the prosecutor deems unable to perform an essential function, power, or duty of the office based on findings from a hearing held pursuant to N.J.S.40A:14-147.

     b.    An officer removed pursuant to subsection a. of this section may appeal the decision to the Attorney General.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill authorizes a county prosecutor to order a municipality within the county to remove from its police force an officer who the county prosecutor deems unable to perform an essential function, power, or duty of the office based on findings in a disciplinary hearing.  Under the bill, an officer who is removed by the county prosecutor has the right to appeal the decision to the Attorney General.

     Under the bill, a county prosecutor would be able to order a municipal police officer to be removed from the force even when a municipality decides against removal.  For example, it was discovered during a recent criminal investigation that an Edison police officer had sent racists texts from his personal cell phone.  The officer was suspended, rather than removed, by the township based on the recommendation of a hearing officer.  Subsequently, the county prosecutor in Middlesex County informed the Edison Chief of Police that the police officer could not be considered a credible State witness in any future criminal or quasi-criminal matters.  Under the bill, the county prosecutor, in his capacity as chief law enforcement officer in the county, would be able to order the municipality to remove an officer from a police force if the police officer is unable to perform an essential duty, such as serving as a witness in criminal cases.