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:
Assemblywoman Reynolds-Jackson
SYNOPSIS
Authorizes creation of local civilian review boards to review police operations and conduct; appropriates $600,000.
CURRENT VERSION OF TEXT
As introduced.
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) a. A municipality may, by ordinance, establish a municipal civilian review board.
b. A municipal civilian review board shall consist of at least seven members appointed by the mayor or other chief executive officer of the municipality with the consent of the governing body of the municipality. 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 members shall serve for terms of six years, except for the initial appointees, of whom, two shall serve initial terms of two years, two shall serve initial terms of four years, and the remaining members shall serve initial terms of six years. 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 four members of a municipal civilian review board shall constitute a quorum, except that the number of members required to form a quorum shall increase by one for each additional member of a municipal civilian review board over seven. 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 chairperson and vice-chairperson shall serve for terms of two years and may be reappointed. 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. Any member may be removed by a municipal civilian review board for cause.
e. Members of a municipal civilian review board shall serve without compensation, but shall be entitled to reimbursement for actual expenses of serving, to the extent that funds are made available for that purpose.
f. The governing body of a municipality shall, to the extent that funds are made available by the municipality, the State, or other entity, 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. Each member of a municipal civilian review board shall, within six months of appointment, complete the training course established or approved pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). A municipal civilian review board 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 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), without a quorum of municipal civilian review board members who have competed the training required by this subsection.
2. (New section) a. A county may, by resolution, establish a county civilian review board that shall have jurisdiction in any participating 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 shall submit copies of the ordinance to the county civilian review board.
b. A county civilian review board shall consist of at least seven 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 members shall be residents of the county with training or experience in community relations, civil rights, law enforcement, sociology, or other relevant fields. The members shall serve for terms of six years, except for the initial appointees, of whom, two shall serve initial terms of two years, two shall serve initial terms of four years, and the remaining members shall serve initial terms of six years. 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 four members of a county civilian review board shall constitute a quorum, except that the number of members required to form a quorum shall increase by one for each additional member of a county civilian review board over seven. 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 chairperson and vice-chairperson shall serve for terms of two years and may be reappointed. 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, sha