Bill > S397

Introduced Session

This bill clarifies that civilians appointed or designated as public safety directors of police departments do not acquire and are not conferred police powers by virtue of that appointment or designation. The provisions of the bill apply to municipal police departments; county police departments, including county police, county park police, and college and university police, and police departments of State agencies. Specifically under the bill, if a police department does not have a chief of police, either because the position has not been established or because it is vacant, the highest or next highest ranking sworn police officer is responsible for the efficiency and routine day to day operations of the agency. The bill establishes that these duties are police powers to be exercised only by duly sworn law enforcement officers. The bill prohibits a person appointed as a civilian chief executive of a police department or agency from exercising police powers or performing police duties including, but not limited to, the following: (1) operating a marked or unmarked police car, conducting a motor vehicle stop, engaging in patrol activities or answering calls for service; (2) stopping, detaining, or arresting persons; (3) wearing a law enforcement officer uniform of any type or class, displaying a badge of any type, or otherwise exhibiting evidence of police authority; (4) obtaining criminal history or motor vehicle record information or accessing criminal investigative reports; (5) directing internal affairs investigations or accessing records related to these investigations; (6) directing criminal investigations; and (7) carrying a firearm while performing the duties of the civilian chief executive of the police force. The bill clarifies that the county prosecutor is authorized to enforce the law in matters relating to the duties of the appropriate authority or civilian chief executive of a county or municipal police force. The Attorney General is to enforce the law in matters relating to the duties of the appropriate authority or civilian chief executive of a State or college or university police force. The bill also prohibits a civilian chief executive 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 department or agency. The bill authorizes an exclusive bargaining representative to directly appeal a violation to the Appellate Division of the Superior Court.

AI Summary

Committee Categories

Gordon Johnson (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/11/2022)

Official Document