An Act establishing professional standards for county sheriffs and their employees, supplementing Chapter 9 of Title 40A of the New Jersey Statutes, and amending various parts of the statutory law.

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

1. (New section) Sections 1 through 7 of this act shall be known and may be cited as the "Sheriff's Professional Standards Act".

2. (New section) The Legislature finds and declares:

In New Jersey's criminal justice system, county sheriffs and the employees of their offices perform vital and highly sensitive duties.

Government has a duty to provide its citizens with standards by which they may determine whether the functions of county sheriffs' offices are being properly performed and to apprise county sheriffs and their employees of the course of conduct which is expected of them while conducting their duties.

It is the purpose of this act to ensure public confidence in the criminal justice system by establishing Statewide criteria for professional standards for county sheriffs and the employees of the county sheriffs' offices.

3. (New section) As used in this act, "employee of a county sheriff" means any person who is either employed by or assigned to a county sheriff's office.

4. (New section) a. A county sheriff or an employee of a county sheriff shall not have any interest, financial or otherwise, direct or indirect, in, and shall not engage in, any business or transaction or professional activity which is in conflict with the proper discharge of the sheriff's or the employee's duties in the public interest.

b. A county sheriff or an employee of a county sheriff shall not undertake any employment or service, whether compensated or not, which might reasonably be expected to impair the sheriff's or the employee's objectivity and independence of judgment in the exercise of official duties. An employee of a county sheriff shall not engage, directly or indirectly, whether compensated or not, in any other employment or service, or in any business, trade, profession, or occupation which is subject to licensing or regulation by any State, county or municipal agency, without giving prior written notice to the sheriff.

c. A county sheriff or any employee of a county sheriff shall not use his official position to secure unwarranted privileges or advantages for the sheriff or employee or for others.

d. A county sheriff or an employee of a county sheriff shall not act in an official capacity in any matter wherein the sheriff or employee has a direct or indirect personal financial interest that might reasonably be expected to impair the sheriff's or the employee's objectivity or independence of judgment.

e. A county sheriff or an employee of a county sheriff shall not knowingly and without justification act in any way that might reasonably be expected to create an impression or suspicion among the public having knowledge of the sheriff's or the employee's acts that the sheriff or the employee may be engaged in conduct violative of the trust in that person as a county sheriff or as an employee of the county sheriff.

f. A county sheriff or an employee of a county sheriff shall not solicit, receive or accept any gratuity, gift or other thing of value either directly or indirectly, under circumstances from which it might reasonably be inferred that such gift, gratuity or other thing of value was offered or given for the purpose of influencing the sheriff or the employee in the discharge of official duties. Nothing contained in this subsection, however, shall in any way affect the ability of a county sheriff to receive lawful contributions for political purposes for either election or reelection to office, nor shall it preclude an employee of a county sheriff from receiving such contributions, as permitted by applicable election finance law.

g. An employee of a county sheriff shall not attend any conference, convention or meeting relating to the duties and responsibilities of the employee's position at the expense of any organization or agency other than the office of the county sheriff unless the employee has the approval of the county sheriff, except as required by statute.

h. An employee of a county sheriff shall not disclose, other than to authorized law enforcement personnel, any information concerning the operations, investigations or other business of the sheriff's office which is not generally available to members of the public unless such disclosure is expressly authorized by the county sheriff.

i. An employee of a county sheriff shall not provide bail or bail costs to any person accused of a criminal offense without the approval of the county sheriff.

j. An employee of a county sheriff shall not testify as a character or reputation witness on behalf of any person accused of a criminal offense without prior written notice to the county sheriff given not less than 24 hours prior to the employee's scheduled testimony. An employee of a county sheriff also shall not testify in an civil action as a fact witness without prior written notice to the county sheriff given not less than 24 hours prior to the employee's scheduled testimony. Further, an employee of a county sheriff shall not testify in any civil action as to the employee's expert opinion on any matter without the prior approval of the sheriff.

k. An employee of a county sheriff shall not recommend, contact or assist in obtaining counsel to represent any person other than an immediate family member accused of a criminal offense.

l. A county sheriff and any employee of a county sheriff shall ensure that no conflict of interest or appearance of conflict is created in performance of the sheriff's or employee's official duties.

m. An employee of a county sheriff shall not serve as an officer, trustee, director, or member of any charitable, civic, or professional organization, association or committee without giving prior written notice to the county sheriff.

n. An employee of a county sheriff shall not serve on any public body or in any governmental position without giving prior written notice to the county sheriff.

o. An employee of a county sheriff shall not use his official title or his name in any written materials issued on behalf of any public body or charitable, civic, religious or professional organization, association or committee without prior written approval of the county sheriff.

5. (New section) a. The county sheriff, upon receipt of a signed written complaint by any person alleging that the conduct of an employee of a county sheriff is in conflict with the provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill), shall acknowledge receipt of the complaint within 30 days of receipt, and shall initiate an investigation concerning the facts and circumstances set forth in the complaint. The sheriff shall make a determination as to whether the complaint is within his jurisdiction, frivolous or without any reasonable factual basis. If the sheriff shall conclude that the complaint is outside of his jurisdiction, frivolous or without factual basis, the sheriff shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and the employee against whom the complaint was filed. Otherwise the sheriff shall notify the employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The employee shall have an opportunity to present the sheriff with any statement or information about the complaint that the employee wishes. Thereafter, if the sheriff determines that a reasonable doubt exists as to whether an employee is in conflict with the provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill), the sheriff shall conduct a hearing in the manner prescribed in this section concerning possible violation and any other facts and circumstances which may have come to the attention of the sheriff with respect to the employee. The sheriff shall render a decision as to whether the conduct of an employee is in conflict with the provisions of the act.

b. A complaint alleging that the conduct of a county sheriff is in conflict with the provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be filed with the Local Finance Board or the county ethics board, as appropriate, in accordance with the requirements of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.); however, if it is determined that a conflict exists, neither the Local Finance Board nor the county ethics board shall have the power to remove or suspend the county sheriff from office but may forward any findings of criminal wrongdoing to the county prosecutor or to the Attorney General for the institution of appropriate legal proceedings.

6. (New section) A finding by the sheriff that an employee of the county sheriff is guilty of violation of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be sufficient cause for the sheriff to remove, suspend, demote or take other disciplinary action against that person. When a person in the career service is charged with violating the provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill), the procedure leading to the removal, suspension or demotion of, or taking of other disciplinary action against that person shall be governed by applicable procedures of Title 11A of the New Jersey Statutes and the rules promulgated pursuant thereto.

7. (New section) All hearings required pursuant to P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be conducted in conformity with the rules and procedures provided for hearings by a State agency in contested cases under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

8. N.J.S.40A:9-94 is amended to read as follows:

1. No person shall be eligible [to] for the office of sheriff of any county unless [he] that person: a. shall have been a citizen of the United States and a resident of the county for at least 3 years next preceding [his] election;

b. has a minimum of five years' enforcement experience with a federal, State, county, local, or military law enforcement agency, including a prosecutor's office, and;

c. has successfully completed, or makes a commitment to complete the basic police training curriculum established by P.L.1961, c.56 (C.52:17B-66 et seq.), except that any person appointed or elected to the office of sheriff prior to the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall not besubject to the requirements of this subsection.

(cf: N.J.S.40A:9-94)

9. Section 2 of P.L.1987, c.113 (C.40A:9-117a) is amended to read as follows:

2. a. The sheriff of each county may appoint a number of persons, not to exceed [15%] 25% 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. In making the additional appointments permitted by P.L. , c. (C. ) (now pending before the Legislature as this bill),the sheriff shall make a good faith effort to appoint as sheriff's investigators persons who reflect the ethnic diversity of the county. 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 on or before the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) 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.). A person appointed to the position of sheriff's investigator after the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall, prior to appointment, have successfully completed, or made a commitment to complete, the basic police training curriculum established pursuant to 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.

b. A sheriff's investigator shall be subject to physical and mental fitness requirements applicable to the position of sheriff's investigator established by the Police Training Commission which is authorized to establish such requirements on a Statewide basis.

(cf: P.L.1987, c.113, s.2)

10. Section 1 of P.L.1982, c.133 (C.40A:9-117.6) is amended to read as follows:

1. a. The sheriff of each county shall, subject to the budget of the county, appoint such persons as may be necessary, to the position of sheriff's officer, pursuant to the provisions of Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, where applicable, to perform the duties involved in attending the courts heretofore performed by court attendants, or in serving court processes, or in the investigation and apprehension of violators of the law, or in criminal identification, or in ballistics, or in any related work which the sheriff shall, from time to time prescribe and as shall be determined to be appropriate by the [Civil Service Commission] Merit System Board. Except as provided herein, no such officer shall be assigned to any penal institution, jail, penitentiary, county correction center or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any inmate housed therein, except upon emergency conditions. Any sheriff's officer who, on the effective date of this act, is assigned to any penal institution, jail, penitentiary, county correction center, or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any inmate housed therein, may continue to serve in such capacity until such officer is reassigned or terminated, at which time the position shall be filled with an individual in a title appropriate to the duties to be performed.

b. A sheriff's officer must successfully complete the basic police training curriculum as established by P.L.1961, c.56 (C.52:17B-66 et seq.), prior to the assignment to full-time regular duties in any sheriff's office.

c. A sheriff's officer shall be subject to physical and mental fitness requirements applicable to the position of sheriff's officer established by the Police Training Commission which is authorized to establish such requirements on a Statewide basis.

(cf: P.L.1984, c.35, s.3)

11. This act shall take effect immediately, but section 8 shall remain inoperative until January 1 next following enactment.

STATEMENT

This bill creates the "Sheriff's Professional Standards Act," and sets forth a code of ethics for all county sheriffs and their employees. The bill, which was introduced by the sponsor at the request of the Sheriff's Association of New Jersey, is intended to professionalize the office of the county sheriff and the employees of the sheriff's office by setting uniform standards for conduct and training of sheriff's personnel.

In addition to setting forth the code of ethics, the bill imposes two additional requirements on persons seeking election to the position of county sheriff. Such a person, in addition to being a citizen of the United States and residing in the county for the three years next preceding the election, must also have a minimum of five years' enforcement experience with a federal, State, county, local, or military law enforcement agency, including a prosecutor's office, and have successfully completed, or make a commitment to complete, the basic police training curriculum established by P.L.1961, c.56. This requirement does not apply to a person appointed or elected to the office of sheriff prior to the effective date of the bill.

The bill also permits an increase in the number of sheriff's investigators permitted to be hired by the sheriff to 25% of the total number of sheriff's officers employed by the sheriff (from the current 15% requirement). In making the additional appointments permitted by the bill, the sheriff must make a good faith effort to appoint as sheriff's investigators persons who reflect the ethnic diversity of the county.

Finally, the bill revises training requirements for both investigators and officers in the sheriff's office to insure that all such employees are similarly trained with respect to both basic police training and physical and mental fitness. These revised requirements will ensure the professionalization of the members of the sheriffs' offices in the State.