Bill Text: NJ S2530 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides certain employment protections for sheriff's investigators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2530 Detail]
Download: New_Jersey-2010-S2530-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides certain employment protections for sheriff's investigators.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sheriff's investigators, amending P.L.1987, c.113, and supplementing chapter 9 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.113 (C.40A:9-117a) is amended to read as follows:
2. The sheriff of each county may appoint a number of persons, not to exceed 15% of the total number of sheriff's officers employed by the sheriff and set forth in the sheriff's table of organization in the county budget, to the position of sheriff's investigator. All sheriff's investigators [shall serve at the pleasure of the sheriff making their appointment and] shall be included in the unclassified service of the civil service.
A sheriff's investigator appointed pursuant to this section shall have the same compensation, benefits, powers and police officer status as is granted to sheriff's officers. The duties of sheriff's investigators shall be law enforcement investigations and related duties. A person appointed to the position of sheriff's investigator shall, within 18 months of appointment, complete a police training course at an approved school and receive certification by the Police Training Commission as provided in P.L.1961, c. 56 (C. 52:17B-66 et seq.). The implementation of this act shall not result in the layoff of permanent sheriff's officers.
(cf: P.L.1987, c.113, s.2)
2. (New section) A sheriff's investigator employed by the county sheriff shall not be removed from office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established by the county sheriff, nor shall the investigator be suspended, removed, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the sheriff's office, except for just cause as previously provided and then only upon a written complaint setting forth the charge or charges against the investigator. The complaint shall be filed in the office of the body, officer, or officers having charge of the sheriff's office where the complaint is made and a copy shall be served upon the investigator charged, with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 or more than 30 days from the date of service of the complaint.
A complaint charging a violation of the internal rules and regulations established for the conduct of a sheriff's office shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. A failure to comply with this section shall require a dismissal of the complaint. The 45-day time limit shall not apply if an investigation of a sheriff's investigator for a violation of the internal rules and regulations of the sheriff's office is included directly or indirectly within a concurrent investigation of that sheriff's investigator for a violation of the criminal laws of this State; the 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement in this section for the filing of a complaint against a sheriff's investigator shall not apply to a filing of a complaint by a private individual.
3. This act shall take effect immediately.
STATEMENT
This bill would provide that sheriff's investigators may not be removed from their employment or position for political reasons or for any cause other than just cause, i.e., incapacity, misconduct, or disobedience of rules and regulations established for the government of employees of the sheriff's office.
Under the bill, a sheriff's investigator may not be suspended, removed, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the sheriff's office, except for just cause and then only upon a written complaint setting forth the charge against the investigator. The complaint must be filed in the office of the person or body in charge of the sheriff's office where the complaint is made and a copy must be served upon the investigator charged, including notifying the investigator of a designated hearing by the proper authorities. The hearing must be held at least 10 days, but not more than 30 days after the date the complaint was served.
The bill also establishes that the "45-day rule" applies to sheriff's investigators. Under the rule, all complaints against sheriff's investigators for violations of their office's internal rules and regulations must be filed within 45 days of establishing the grounds for the complaint. If the complaint is not filed within this 45 day window, the complaint must be dismissed and the investigator cannot be fired, suspended, fined or reduced in rank for that violation. The 45-day rule does not apply if an investigator's alleged violation of sheriff's office's rules and regulations is directly or indirectly related to a criminal investigation involving that investigator. The 45-day rule also does not apply in cases where the complaint is being filed by a private individual.
Other employees accorded these employment protections under current law include local police officers, State Police officers and troopers, county investigators, and paid firefighters.
Current law authorizes the county sheriff to appoint a certain number of sheriff's investigators. These investigators serve at the pleasure of the county sheriff and are included in the unclassified service of the civil service.
