S1533

An Act concerning certain costs incurred in the training and hiring of certain law enforcement employees, amending P.L.1987, c.47, P.L.1989, c.40, and P.L.2000, c.106.

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

1. Section 1 of P.L.1987, c.47 (C.40A:14-178) is amended to read as follows:

1. a. Whenever a person who resigned as a member of a county or municipal law enforcement agency is appointed to another county or municipal law enforcement agency, the police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), a State law enforcement agency, or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and that person [held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation] had successfully completed training at a police academy at the expense of the appointing jurisdiction and had been employed by that jurisdiction for two years or less before being appointed by the new employer, the county or municipal law enforcement agency, educational institution, or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, is liable to the former county or municipal employer, as appropriate[, for the total certified costs incurred by the former employer in the examination, hiring, and training of the person]:

(1) for the total certified cost incurred by the former employer in the examination, hiring, and training of the officer if that officer completed the police academy training 120 days or less before the date of the officer’s resignation; or

(2) for one-half of the total certified costs incurred by the former employer in the examination, hiring, and training of the officer if that officer completed the police academy training more than 120 days but less than two years before the date of the officer’s resignation.

b. [Whenever a person who resigned as a member of a county or municipal law enforcement agency is appointed to another county or municipal law enforcement agency, the police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and that person, at
the time of resignation held a permanent appointment for more than 30 days but less than two years, the county or municipal law enforcement agency, educational institution, or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, is liable to the former county or municipal employer, as appropriate, for one-half of the total certified costs incurred by the former employer in the examination, hiring and training of that person.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. Upon the appointment of a former member of a county or municipal law enforcement agency, the appointing county or municipal law enforcement agency, educational institution, State law enforcement agency, or the New Jersey Transit Corporation shall notify the former employer immediately upon the appointment of a former employee and shall reimburse the former employer within 120 days of the receipt of the certified costs.

d. For the purposes of this act:

"County or municipal law enforcement agency" means and includes, but is not limited to, a county or municipal police department or force, a county corrections department, and a county sheriff's office;

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and the public advertisements for these examinations;

"State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police; and

"Training costs" means the police training course fees and the base salary received while attending the police training course, as required by P.L.1961, c.56 (C.52:17B-66 et seq.).

(cf: P.L.2000, c.106, s.1)

2. Section 2 of P.L.1989, c.40 (C.18A:6-4.12) is amended to read as follows:

2. a. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, a State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person [held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation] had successfully completed the required police training course at the expense of the appointing educational institution and had been employed by that educational institution for two years or less before being appointed by the new employer, the educational institution, county or municipal law enforcement agency, or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution [for the total certified costs incurred by that former educational institution in the examination, hiring, and training of the person] , as appropriate:

(1) for the total certified cost incurred by the former employer in the examination, hiring, and training of the officer if that officer completed the required police training course 120 days or less before the date of the officer’s resignation; or

(2) for one-half of the total certified costs incurred by the former employer in the examination, hiring, and training of the officer if that officer completed the required police training course more than 120 days but less than two years before the date of the officer’s resignation.

b. [If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the educational institution, county or municipal law enforcement agency or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution for one-half of the total certified costs incurred by that former institution in the examination, hiring, and training of the person.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. Upon the appointment of a former police officer of an educational institution, the appointing educational institution, county or municipal law enforcement agency, State law enforcement agency, or the New Jersey Transit Corporation shall notify the former educational institution immediately upon the appointment of a police officer formerly with that institution and shall reimburse the institution within 120 days of the receipt of the certified costs.

d. As used in this section:

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations.

"State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police.

"Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 3 of P.L.1970, c.211 (C.18A:6-4.4).

(cf: P.L.2000, c.106, s.2)

3. Section 3 of P.L. 2000, c. 106 (C.27:25-15.1b) is amended to read as follows:

3. a. If a person who was appointed as a police officer of the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) resigns and is subsequently appointed to a county or municipal law enforcement agency, a police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), or a State law enforcement agency within 120 days of resignation, and if that person [held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation] had successfully completed the required police training course at the expense of the New Jersey Transit Corporation and had been employed by the corporation for two years or less before being appointed by the new employer, the appointing county or municipal law enforcement agency, educational institution, or State law enforcement agency shall be liable to the New Jersey Transit Corporation [for the total certified costs incurred by the corporation in the examination, hiring, and training of the person], as appropriate:

(1) for the total certified cost incurred by the corporation in the examination, hiring, and training of the officer if that officer completed the required police training course 120 days or less before the date of the officer’s resignation; or

(2) for one-half of the total certified costs incurred by the corporation in the examination, hiring, and training of the officer if that officer completed the required police training course more than 120 days but less than two years before the date of the officer’s resignation.

b. [If a person who was appointed as a police officer of the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) resigns and is subsequently appointed to a county or municipal law enforcement agency, the police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) or a State law enforcement agency within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the appointing county or municipal law enforcement agency, educational institution or State law enforcement agency shall be liable to the New Jersey Transit Corporation for one-half of the total certified costs incurred by the corporation in the examination, hiring, and training of the person.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. The appointing county or municipal law enforcement agency, educational institution, or State law enforcement agency shall notify the New Jersey Transit Corporation immediately upon the appointment of a police officer formerly employed by the corporation and shall reimburse the corporation within 120 days of the receipt of the certified costs.

d. As used in this section:

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations.

"State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police.

"Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 2 of P.L.1989, c.291 (C.27:25-15.1).

(cf: P.L.2000, c.106, s.3)

4. Section 4 of P.L.2000, c.106 (C.52:17B-77.6) is amended to read as follows:

4. a. If a person who was appointed to a State law enforcement agency resigns and is subsequently appointed to a county or municipal law enforcement agency, a police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), another State law enforcement agency, or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person [held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation] had successfully completed the required police training course at the expense of the appointing State agency and had been employed by that State agency for two years or less before being appointed by the new employer, the appointing county or municipal law enforcement agency, educational institution, State law enforcement agency, or the New Jersey Transit Corporation shall be liable to the State law enforcement agency [for the total certified costs incurred by the corporation in the examination, hiring, and training of the person], as appropriate:

(1) for the total certified cost incurred by the State agency in the examination, hiring and training of the officer if that officer completed the required police training course 120 days or less before the date of the officer’s resignation; or

(2) for one-half of the total certified costs incurred by the State agency in the examination, hiring, and training of the officer if that officer completed the policy academy training more than 120 days but less than two years before the date of the officer’s resignation.

b. [If a person who was appointed to a State law enforcement agency resigns and is subsequently appointed to a county or municipal law enforcement agency, a police department of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), another State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the appointing county or municipal law enforcement agency, educational institution or State law enforcement agency, or the New Jersey Transit Corporation, shall be liable to the State law enforcement agency for one-half of the total certified costs incurred by the agency in the examination, hiring, and training of the person.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. The appointing county or municipal law enforcement agency, educational institution, State law enforcement agency, or the New Jersey Transit Corporation shall notify the former employer immediately upon the appointment of an employee formerly employed by the State law enforcement agency and shall reimburse the agency within 120 days of the receipt of the certified costs.

d. As used in this section:

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations.

"State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police

"Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 2 of P.L.1989, c.291 (C.27:25-15.1).

(cf: P.L.2000, c.106, s.4)

5. This act shall take effect immediately.

STATEMENT

Under New Jersey law, when a law enforcement entity hires a recently trained officer from another law enforcement entity, it is required to compensate the officer’s former employer for the costs associated with that officer’s hiring and training. The law sets forth two levels of liability. In those cases where the officer has held a permanent appointment for 30 days or less, the new employer is required to reimburse the officer’s former employer for all the costs associated with the officer’s hiring and training. In those cases where the officer has held a permanent appointment for more than 30 days, but less than two years, the new employer is required to reimburse the officer’s former employer for one-half of the costs associated with the officer’s hiring and training.

While there is no debate over what constitutes the “cost” of hiring and training a law enforcement officer, there are, however, conflicting interpretations concerning the time frames, particularly the treatment of an officer’s provisional period of appointment.

Under this bill, the starting point for the time frames is the date the officer completed his or her required police training.

It also shortens the period for which a new employer is liable for reimbursement payments. In those cases where the officer has been employed for 120 days or less from the date of completing the required police training course, the new employer is required to reimburse the officer’s former employer for all the costs associated with the officer’s hiring and training. In those cases where the officer has been employed for more than 120 days, but less than two years from the date of completing the police training course, the new employer is required to reimburse the officer’s former employer for one-half of the costs associated with the officer’s hiring and training.