Bill Text: NJ A1515 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes pilot program for creation of certain local civilian review boards to review police operations and conduct.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2023-12-11 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A1515 Detail]
Download: New_Jersey-2022-A1515-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Tucker, Timberlake, Assemblyman Caputo, Assemblywoman Jasey, Assemblymen Spearman, McKeon and Assemblywoman Carter
SYNOPSIS
Authorizes creation of local civilian review boards to review police operations and conduct; appropriates $800,000.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act authorizing the creation of local civilian review boards to review police operations and conduct, supplementing Title 40A of the New Jersey Statutes, amending N.J.S.40A:14-118 and P.L.1996, c.115, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. Civilian review boards are oversight mechanisms whereby victims of police misconduct may raise complaints and seek redress, and civilian review boards consist of civilians, rather than sworn police officers, as a means to provide an external check mechanism to police department internal affairs units;
b. Civilian review boards vary in structure and power, ranging from only making recommendations to police directors about disciplinary action to having the power to subpoena officers and witnesses who are directly related to the investigation;
c. The first civilian review board in the United States was created in Washington, DC in 1948, and today, there exist over 100 civilian review boards across the country;
d. On April 30, 2015, Mayor Ras Baraka of Newark, New Jersey signed an executive order establishing a Civilian Complaint Review Board (CCRB) to monitor the Newark Police Department;
e. On March 17, 2016, the Newark Municipal Council passed an ordinance that authorized the CCRB to conduct its own investigations of civilian complaints of police misconduct, as well as review the Newark Police Division's Internal Affairs Unit's investigations of police misconduct, and make discipline recommendations to the city's Public Safety Director;
f. On August 19, 2020, the Supreme Court of New Jersey struck down key parts of Newark's 2016 ordinance and ruled that the CCRB cannot be granted subpoena power, the CCRB may not conduct investigations at the same time as the police department's internal affairs office is conducting its own; and that only legislative action could grant Newark's CCRB with these powers;
g. In recognition of the Court's ruling, the Legislature is taking legislative action to grant necessary subpoena and investigative authority to existing and future civilian review boards, throughout the State, in order to foster transparency, fairness, and equality in policing practices and policies, which in turn will help promote positive relations between police and the local communities they serve.
2. (New section) a. A municipality may, by ordinance, establish a municipal civilian review board, establish a joint municipal civilian review board pursuant to paragraph (2) subsection h. of this section, join a county civilian review board pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or choose to not establish or join a civilian review board.
b. A municipal civilian review board shall consist of an odd number of at least three members appointed by the mayor or other chief executive officer of the municipality with the consent of the governing body of the municipality. The mayor or other chief executive officer of the municipality shall solicit recommendations for members to be appointed to the municipal civilian review board from members of organizations concerned with the issues of civil rights; human rights; or racial, social, or economic justice and equality. The members shall be residents of the municipality with training or experience in community relations, civil rights, law enforcement, sociology, or other relevant fields. The ordinance shall specify the term length for each member. Members of a municipal civilian review board shall serve until their successors are appointed and qualified. A member may be reappointed to a municipal civilian review board.
c. The presence of a majority of members of a municipal civilian review board shall constitute a quorum. The mayor or other chief executive officer of the municipality shall appoint a chairperson and a vice-chairperson from among the members of the municipal civilian review board. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or otherwise incapable of performing the duties of chairperson or, in the case of removal or a permanent incapacity, until the appointment of a successor chairperson by the mayor or other chief executive officer of the municipality.
d. Vacancies in the membership of a municipal civilian review board shall be filled for the unexpired terms in the same manner as the original appointments. In the event that any member of a municipal civilian review board is rendered incapable of performing the duties of a member, the mayor or other chief executive officer of the municipality shall appoint a qualified person to serve in that member's stead during the period of incapacity. The mayor or other chief executive officer of the municipality, with the consent of the governing body of the municipality, may remove any member of the municipal civilian review board for cause.
e. Members of a municipal civilian review board may receive compensation for their services as provided in the ordinance. If the members are to serve without compensation, the members shall be entitled to reimbursement for actual expenses of serving, to the extent that funds are made available for that purpose.
f. If the governing body of a municipality establishes a municipal civilian review board, the governing body shall provide such office facilities and assign such professional and clerical staff as are necessary for the municipal civilian review board to properly perform its duties and to keep and maintain appropriate records.
g. (1) Each member and employee of a municipal civilian review board shall complete the training course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) , and shall complete a review course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) no less than once every two years thereafter.
(2) Except as otherwise provided in this paragraph, a municipal civilian review board member or employee shall not review or investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers, pursuant to paragraphs (3) and (4) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), unless the member or employee has completed the training required by this subsection. Notwithstanding the foregoing, members and employees of a municipal civilian review board established by ordinance adopted prior to January 1, 2020 may review or investigate the conduct of law enforcement officers subject to their jurisdiction, or recommend the imposition of discipline of such officers pursuant to paragraphs (3) and (4) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for up to six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if those members and employees have complied with any training requirements established under the municipal ordinance, so that the civilian review board may continue to function while allowing members and employees sufficient time to complete the training required by this section following the implementation of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
h. (1) Notwithstanding the requirements of subsection b. of this section to the contrary, a municipality with less than 2,500 inhabitants may fill seats on the municipal civilian review board with individuals who reside in that municipality or who reside in a contiguous municipality.
(2) A municipality with less
than 2,500 inhabitants may form a joint municipal civilian review board with a
contiguous municipality, of any size, provided that each municipality has at least
one seat on the joint municipal civilian review board and the number of seats
on the joint municipal civilian review board shall be proportionately allocated
based on the population size of each municipality.
3. (New section) a. A county may, by resolution, establish a county civilian review board that shall have jurisdiction over only county-run police departments or its sheriffs' departments. If no county civilian review board exists, a county sheriff's officer shall be subject to investigation by the municipal civilian review board for incidents that take place within the municipality. A municipality may, however elect by ordinance to be a participating municipality and subject law enforcement officers of the municipality to the jurisdiction of the county civilian review board established by the county within which the municipality is located. Upon adoption of such ordinance, the clerk of the municipality shall submit copies of the ordinance to the county civilian review board.
b. A county civilian review board shall consist of an odd number of at least three members appointed by the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners. The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall solicit recommendations for members to be appointed to the civilian review board from members of organizations concerned with the issues of civil rights; human rights; or racial, social, or economic justice and equality. The members shall be residents of the county with training or experience in community relations, civil rights, law enforcement, sociology, or other relevant fields. The resolution shall specify the term length for each member. Members of a county civilian review board shall serve until their successors are appointed and qualified. A member may be reappointed to a county civilian review board.
c. The presence of a majority of members of a county civilian review board shall constitute a quorum. The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall appoint a chairperson and a vice-chairperson from among the members of the county civilian review board. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or otherwise incapable of performing the duties of chairperson or, in the case of removal or a permanent incapacity, until the appointment of a successor chairperson by the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable.
d. Vacancies in the membership of a county civilian review board shall be filled for the unexpired terms in the same manner as the original appointments. In the event that any member of a county civilian review board is rendered incapable of performing the duties of a member, the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, shall appoint a qualified person to serve in that member's stead during the period of incapacity. The board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners, may remove any member of the county civilian review board for cause.
e. Members of a county civilian review board may receive compensation for their services as provided in the resolution. If the members are to serve without compensation, the members shall be entitled to reimbursement for actual expenses of serving, to the extent that funds are made available for that purpose.
f. If the board of county commissioners establishes a county civilian review board, the governing body shall provide such office facilities and assign such professional and clerical staff as are necessary for the county civilian review board to properly perform its duties and to keep and maintain appropriate records.
g. (1) Each member and employee of a county civilian review board shall complete the training course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall complete a review course established, designated, or approved pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) no less than once every two years thereafter. A county civilian review board member or employee shall not review or investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers, pursuant to paragraphs (3) and (4) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) unless the member or employee has completed the training required by this subsection.
4. (New section) a. A municipality or county, may by ordinance or resolution, as applicable, authorize a civilian review board established by such entity pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill) to perform any or all of the following duties:
(1) conduct an investigation of the operation of the police force of the municipality or county, or recommend that the Attorney General conduct an investigation of the operation conducted in the municipality by the State Police to the extent it serves in the capacity of a municipal police force for the municipality, as applicable;
(2) recommend the establishment of policies by the appropriate authority;
(3) review and investigate complaints filed with the civilian review board concerning the conduct of any officers or members of the police force of the municipality or county, or recommend that the Attorney General conduct an investigation those members of the State Police undertaken while serving in the capacity of a municipal police force for the municipality, as applicable;
(4) recommend the imposition of discipline of such officer, which the municipal official or entity responsible for disciplinary decisions must consider utilizing a standard of review provided by the governing ordinance or resolution, consistent with any tenure or civil service laws and contractual agreements; and
(5) review any completed internal affairs investigation that is alleged to have missed evidence of police misconduct or failed to properly discipline law enforcement officer misconduct.
b. A civilian review board may only initiate an action pursuant to paragraphs (3) and (4) of subsection a. of this section in response to a civilian-filed complaint of excessive or unnecessary force, abuse of authority offensive language, or false or misleading statements made during an investigation. A civilian review board may also initiate an action after the initial review is undertaken by a department's internal affairs unit pursuant to paragraph (1) of subsection d. of this section.
c. A department's internal affairs unit shall provide their entire case file to the civilian review board for the case under the board's review. If the board determines that additional information or witness testimony is needed, a civilian review board shall have the power to subpoena witnesses and documentary evidence, limited and directly related to the inquiry, which subpoenas shall be enforceable, or subject to an appropriate motion to quash, in the Superior Court; provided, however, that a civilian review board may not subpoena any information or record that is related to a pending federal, state, or county criminal investigation. The governing body of the municipality or the board of county commissioners of the county, as applicable, may delegate to a civilian review board such other powers of inquiry authorized by law as deemed necessary for the conduct of any hearing or investigation. The powers granted and authorized by this subsection shall not be exercised if limited pursuant to subsection d. of this section.
d. (1) Upon receipt of a complaint, a civilian review board may initiate an investigation over the subject of the complaint, and shall also provide the complaint to the internal affairs unit of the applicable law enforcement agency. If the internal affairs unit does not complete an investigation within 120 days of receipt of the complaint, the civilian review board may initiate an investigation over the subject of the complaint. Furthermore, if the internal affairs unit of the applicable law enforcement agency completes their investigation, a civilian review board may proceed in initiating an investigation over the subject of the complaint. Any concurrent investigations conducted by the civilian review board and the internal affairs unit of the applicable law enforcement agency shall comply with any protocols for such concurrent investigations that are adopted pursuant to paragraph (3) of subsection e. of this section. If the internal affairs unit, upon receipt of a complaint pursuant to this section, decides not to investigate a complaint, the internal affairs unit shall within 14 days provide in writing a notice to the civilian review board of the unit's decision. Upon receiving this notice from the internal affairs unit, a civilian review board may proceed to immediately investigate the complaint.
(2) Upon request by a federal, state, county, or local law enforcement agency conducting a criminal investigation into or prosecution against an individual who is the subject of a complaint filed with a civilian review board, the civilian review board shall stay its investigation until the criminal investigation or prosecution is complete, provided that if a criminal investigation remains pending for more than one year, the head of the federal, state, county, or local law enforcement agency, as the case may be, shall certify to the civilian review board on a quarterly basis that the investigation remains active and shall document actions taken to advance the criminal investigation. The outcome of the criminal investigation or prosecution shall not otherwise limit the civilian review board's ability to review a matter or recommend administrative sanctions for conduct that was the subject of criminal investigation or prosecution by a federal, state, county, or local law enforcement agency.
e. (1) An ordinance or resolution establishing a civilian review board may set forth guidelines for the operation of the civilian review board consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The guidelines may adopt any relevant guidelines issued by the Attorney General.
(2) If an allegation or complaint contains evidence that an officer or member of the police force of the municipality or county violated State criminal law, the civilian review board shall promptly report such allegation or complaint to the county prosecutor or, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Attorney General. If an allegation or complaint contains evidence that an officer or member of the State Police violated State or federal criminal law, the civilian review board shall promptly report such allegation or complaint to the Attorney General's Office. If an allegation or complaint contains evidence that an officer or member of the police force of the municipality or county violated federal criminal law, the civilian review board shall promptly report such allegation or complaint to the United States Attorney's Office.
(3) A civilian review board and the State, county, or local law enforcement agency subject to review by the civilian review board shall jointly adopt protocols that facilitate the ability of each entity to coordinate concurrent disciplinary investigations by the civilian review board and the internal affairs unit of the law enforcement agency. The Attorney General shall develop sample protocols for this purpose, which shall be made available to law enforcement agencies and civilian review boards.
f. (1) A civilian review board shall report any findings and recommendations concerning police operations or conduct to the mayor or other chief executive officer of the municipality, the governing body of the municipality, the chief of police or other chief law enforcement officer of the municipality, the county prosecutor, and, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Superintendent of State Police and the Attorney General.
(2) The chief of police or other chief law enforcement officer of the municipality or county, Attorney General, or the Superintendent of State Police, as applicable, shall, within 60 days after the receipt of recommendations provided by a civilian review board, provide a written response to the civilian review board on whether the police force of the municipality or county, or the operation conducted in the municipality by the State Police to the extent it serves in the capacity of a municipal police force for the municipality, will follow the recommendations of the civilian review board and if not, provide a written explanation of the reasons therefor. If the chief of police or other chief law enforcement officer cannot make a final determination whether to follow the recommendations of the civilian review board within 60 days, the chief of police or other chief law enforcement officer shall provide in writing to the civilian review board the reasons for delay and anticipated time to fully comply, and provide the final determination as soon as a determination is made.
g. (1) Investigations of complaints filed with a civilian review board shall be conducted in confidence and without publicity, and the civilian review board shall hold confidential any information obtained concerning an investigation while the investigation is pending.
(2) Notwithstanding any provision of P.L.1963, c.73 (C.47:1A-1 et seq.) to the contrary, all records made, maintained, or kept on file by a civilian review board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be confidential and unavailable to the public while an investigation is pending, and all personal identifying information contained in all records made, maintained, or kept on file by a civilian review board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), including in any reports following an investigation into complaints filed with the civilian review board concerning the conduct of an officer, shall be confidential and unavailable to the public.
(3) In addition to the records and information subject to the provisions of paragraph (2) of this subsection, the following information shall be confidential and unavailable to the public, regardless of the status of an investigation:
(a) any information that would disclose or reasonably lead to the discovery of the identity of a complainant or witness;
(b) any information related to a law enforcement officer's participation in mental health or drug or alcohol counseling or treatment, resiliency programs, or corrective measures triggered by an early warning system;
(c) any information about ongoing criminal investigations or prosecutions not contained in a public court filing; and
(d) any other information that would not be subject to disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.).
h. A civilian review board shall expeditiously adopt a conflict of interest policy that, at a minimum, describes inherent conflicts of interest which shall entirely preclude a member or employee of a board from serving the civilian review board and describes incident-specific conflicts of interest which would require members or employees of a board to recuse themselves from a particular matter brought before the civilian review board. Civilian review board members and employees shall sign a sworn statement affirming compliance with the board's adopted conflict of interest policy prior to the commencement of their service, or immediately upon the civilian review board's adoption of the conflict of interest policy, if such a policy has not been adopted at the time the member or employee has commenced their service to the civilian review board.
i. A civilian review board member that has been convicted of either a first or second degree crime during the past 10 years prior to becoming a civilian review board member, which for the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) shall mean any first or second degree crime that is a violation of any of the provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction, shall not be eligible to serve on a civilian review board.
5. (New section) Any person who, with the intent to injure another, purposely discloses any information concerning the proceedings of a civilian review board, other than as authorized or required by law, commits a crime of the fourth degree. A member or employee of a civilian review board who is convicted of a violation of this section shall be removed from that person's position as a member or employee of the civilian review board.
6. (New section) a. The Attorney General shall, within 45 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), develop, designate, and approve training courses for members and employees of civilian review boards established pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill). The training courses shall first be offered as soon as practicable after its development and thereafter offered on at least a biannual basis. The training courses provided by the Attorney General shall be provided at no cost to members and employees of a civilian review board or the applicable municipality or county. The training courses shall be designed to help familiarize civilian review board members and employees with applicable internal affairs policies and procedures and help the civilian review board members to fairly and effectively carry out their duties under section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Attorney General shall authorize that one or more civilian review board training courses, offered by the National Association for Civilian Oversight of Law Enforcement or similar entities, may serve as a training alternative to the course established pursuant to subsection a. of this section.
c. The Attorney General shall, within 60 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), develop a uniform electronic civilian complaint system for all police departments to conspicuously post on their municipal Internet websites for members of the public to anonymously submit complaints of law enforcement misconduct. The submitted complaints shall be made solely available to the head of the department's internal affairs unit, the municipal or county civilian complaint review board if one exists, and the chief of police or other chief law enforcement officer of the municipality. Anonymous complaints shall be confidential and not subject to disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.).
7. (New section) There is
established in the Department of Law and Public Safety a special, dedicated
nonlapsing fund to be known as the "Civilian Review Board Training
Fund." The fund shall be credited with moneys made available from an
appropriation of $800,000 pursuant to section 10 of P.L. , c. (C.
) (pending before the Legislature as this bill), to effectuate the purposes of
section 6 of P.L. , c. (C. ) (pending before the Legislature as
this bill), and other moneys that the Legislature may deem appropriate from
time to time.
8. N.J.S.40A:14-118 is amended to read as follows:
40A:14-118. 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 ; and
f. Cooperate and coordinate with any municipal or county civilian review board established pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill), in the exercise of its lawful authority.
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.
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 a civilian review board established pursuant to section 2 or section 3 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill) or other committees or commissions to conduct investigations of the operation of the police force, and the delegation to a civilian review board or 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 , and nothing herein shall infringe on or limit the power or duty of such committee, commission, or civilian review board. 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)
9. Section 10 of P.L.1996, c.115 (C.40A:14-181) is amended to read as follows:
10. a. Every law enforcement agency, including a police department of an institution of higher education established pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall adopt and implement guidelines which shall be consistent with the guidelines governing the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety, and shall be consistent with any tenure or civil service laws, and shall not supersede any existing contractual agreements.
b. The "Internal Affairs Policy and Procedures" shall require that, in adopting the guidelines required pursuant to subsection a. of this section, the law enforcement agency consult and coordinate with the appropriate authority, as defined in N.J.S.40A:14-118, as well as any civilian review board established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) , to establish procedures and protocols governing the disclosure of reports, complaints, and other investigative materials, including video, sound, or any other recording requested by the appropriate authority or civilian review board.
(cf: P.L.2015, c.52, s.1)
10. There is appropriated $800,000 from the General Fund to the Civilian Review Board Training Fund, which shall be used to fund the civilian review board training courses established pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. This act shall take effect immediately.
STATEMENT
This bill would authorize municipalities and counties to establish civilian review boards to review police operations and conduct. These boards would serve to foster transparency, fairness, and equality in policing practices and policies, which in turn will help promote positive relations between police and the local communities they serve.
A municipal civilian review board would consist of an odd number of members, appointed by the mayor or other chief executive officer of the municipality with the consent of the governing body of the municipality, as described in the bill. A county civilian review board would consist of an odd number of members appointed by the board of county commissioners or the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners. A county civilian review board would have jurisdiction over only county-run police departments or its sheriffs' departments. If no county civilian review board exists, a county sheriff's officer would be subject to investigation by the municipal civilian review board for incidents that take place within the municipality. A municipality may, by ordinance, elect to be a participating municipality subject to the civilian review board established by the county within which it is located. Upon adoption of such ordinance, the clerk of the municipality would submit copies of the ordinance to the county civilian review board.
The members of a civilian review board (board) would be residents of the municipality or county, as applicable, who are qualified persons with training or experience as described in the bill. They would serve according to the resolution specifying the term length for each member.
Members and employees of a board would be required to take a training course no less than once every two years. The Attorney General would be required to develop a training course within 45 days of the bill's effective date and offer the first course as soon as practicable thereafter. A board could not investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers or members, unless the member or employee has completed this training.
The bill provides, however, that a municipality with less than 2,500 inhabitants would be allowed to fill seats on the municipality's civilian review board with individuals who reside in that municipality or who reside in contiguous municipalities. Additionally, a municipality with less than 2,500 inhabitants would be permitted to form a joint municipal civilian review board with a neighboring municipality of any size provided that each municipality has at least one seat on the civilian review board and that the number of seats on a joint municipal civilian review board would be proportionately allocated based on the population of each municipality.
A board would be permitted to utilize resources of the municipality or county to the extent that funds for the utilization of such resources are made available by the municipality, county, State, or other entity.
The bill establishes duties of a board to include:
(1) investigations, as described in the bill;
(2) recommending the establishment of policies;
(3) reviewing and investigating complaints, as described in the bill;
(4) recommending the imposition of discipline; and
(5) reviewing any completed internal affairs investigation, as described in the bill.
A board could only initiate one of these actions in response to a civilian complaint of excessive or unnecessary force, abuse of authority, offensive language, or false or misleading statements made during an investigation. Additionally, a board may also initiate an action after the initial review is undertaken by a department's internal affairs unit.
A department's internal affairs unit is required to provide their entire case file to the board for the case under the board's review. If the board determines that additional information or witness testimony is needed, a board is required to have the limited power to subpoena witnesses and documentary evidence, directly related to the inquiry, which subpoenas are to be enforceable, or subject to an appropriate motion to quash, in the Superior Court, as limited and provided for under the bill.
The bill requires a board to refer complaints to the internal affairs unit of the applicable law enforcement agency. If the internal affairs unit does not complete an investigation within 120 days of receipt of the complaint, the board may initiate an investigation over the subject of the complaint. Furthermore, if the internal affairs unit of the applicable law enforcement agency completes their investigation, a civilian review board may proceed in initiating an investigation over the subject of the complaint. Any concurrent investigations conducted by the civilian review board and the internal affairs unit of the applicable law enforcement agency shall comply with any protocols for such concurrent investigations that are adopted pursuant to the bill. If the internal affairs unit, upon receipt of a complaint decides not to investigate a complaint, the internal affairs unit shall within 14 days provide in writing a notice to the civilian review board of the unit's decision. Upon receiving this notice from the internal affairs unit, a civilian review board may proceed to immediately investigate the complaint.
The bill permits an ordinance or resolution establishing a board to set forth guidelines for the operation of the board consistent with the provisions of the bill. If an allegation or complaint contains evidence that an officer or member of the police force of the municipality or county violated State criminal law, the board would report such allegation or complaint to the county prosecutor or the Attorney General. If an allegation or complaint contains evidence that an officer or member of the State Police violated State or federal criminal law, the civilian review board would promptly report such allegation or complaint to the Attorney General's Office. If an allegation or complaint contains evidence that an officer or member of the police force of the municipality or county violated federal criminal law, the civilian review board shall promptly report such allegation or complaint to the United States Attorney's Office.
Under the bill, a board and the State, county, or local law enforcement agency subject to review by the board would jointly adopt protocols that facilitate the ability of each entity to coordinate concurrent disciplinary investigations by the board and the internal affairs unit of the law enforcement agency. The Attorney General would develop sample protocols for this purpose, which would be made available to law enforcement agencies and boards.
A board would report its findings and recommendations concerning police operations and conduct to the mayor or other chief executive officer of the municipality, the governing body of the municipality, the chief of police or other chief law enforcement officer of the municipality, the county prosecutor, and, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Superintendent of State Police and the Attorney General.
The bill provides that the chief of police or other chief law enforcement officer of the municipality or county, or the Superintendent of State Police, as applicable, would, within 60 days after the receipt of recommendations provided by a board, provide a written response to the board on whether the police force of the municipality or county, or the operation conducted in the municipality by the State Police to the extent it serves in the capacity of a municipal police force for the municipality, will follow the recommendations of the board and if not, a written explanation of the reasons therefor. If the chief of police or other chief law enforcement officer cannot make a final determination whether to follow the recommendations of the board within 60 days, the chief of police or other chief law enforcement officer would provide the board in writing the reasons for delay and anticipated time to fully comply, and provide the final determination as soon as a determination is made. Additionally, investigations of complaints filed with a board would be conducted in confidence and without publicity, and the board would hold confidential any information obtained concerning an investigation while the investigation is pending.
Under the bill, all records of a board would be confidential and unavailable to the public while an investigation is pending, and all personal identifying information would be confidential and unavailable to the public at all times. After an investigation is concluded, all board records would be accessible to the public in accordance with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), as provided for in the bill. The bill specifies certain information that would be confidential and unavailable to the public, regardless of the status of an investigation.
The bill would require that a civilian review board expeditiously adopt a conflict of interest policy that, at a minimum, describes inherent conflicts of interest which would entirely preclude a member or employee of a board from serving the board and incident-specific conflicts of interest which would require members or employees of a board to recuse themselves from a particular matter brought before the board. Civilian review board members and employees would sign a sworn statement affirming compliance with the board's adopted conflict of interest policy prior to the commencement of their service or upon the adoption of the policy.
The bill provides that a board member that has been convicted of either a first or second degree crime during the past 10 years prior to becoming a board member, would not be eligible to serve on a civilian review board.
Under the bill, any person who, with the intent to injure another, purposely discloses any information concerning the proceedings of a board, other than as authorized or required by law, commits a crime of the fourth degree. A member or employee of a board who is convicted of a violation of this section would be removed from that person's position as a member or employee of the board.
The bill also provides that the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety be revised to require certain disclosures to the appropriate authority, as well as any board.
Under the bill, the Attorney General would develop a uniform electronic civilian complaint system for all police departments to conspicuously post on their municipal Internet websites for members of the public to anonymously submit complaints of law enforcement misconduct. The submitted complaints would be made solely available to the head of the department's internal affairs unit, the municipal or county civilian complaint review board if one exists, and the chief of police or other chief law enforcement officer of the municipality. Additionally, all anonymous complaints would be confidential.
Lastly, the bill establishes in the Department of Law and Public Safety a special, dedicated nonlapsing fund to be known as the "Civilian Review Board Training Fund." The fund would be credited with moneys made available from an appropriation of $800,000.
