N.J. Admin. Code § 13:1-11.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-11.6 - Obligations to notify the Commission of employment-related actions

(a) The chief law enforcement executive from the employing law enforcement unit shall:

1. Notify the Commission, providing supporting documentation, in such manner as prescribed by the Commission, within two business days of the following employment-related actions concerning a law enforcement officer:

i. Any separation from appointment or employment with the law enforcement unit, or change to an inactive status, including any status that requires a finding for return to active duty pending determination of fitness for duty, which notice shall include the date of the separation;

ii. Any pending criminal charge, or a conviction of any crime, disorderly persons, petty disorderly persons, or driving while intoxicated offense;

iii. Any imposition of any discipline subject to appeal, as set forth in this chapter;

iv. Any sustained finding that a law enforcement officer used excessive force;

v. Any sustained finding that a law enforcement officer is unfit for duty;

vi. Any sustained finding that the law enforcement officer filed a false report or submitted a false certification in any criminal, administrative, employment, financial, or insurance matter in the law enforcement officer's professional or personal life;

vii. Any sustained finding that the law enforcement officer mishandled or destroyed evidence;

viii. Any sustained finding that the law enforcement officer was untruthful or demonstrated a lack of candor;

ix. Any sustained finding that the law enforcement officer engaged in discrimination, or otherwise demonstrated bias against a person or particular class of people based on race or color; religion or creed; national origin, nationality, or ancestry; sex, pregnancy, or breastfeeding; sexual orientation; gender identity or expression; disability; marital status or domestic partnership/civil union status; or any other protected characteristic pursuant to N.J.S.A. 10:5-1 et seq., the Law Against Discrimination;

x. Any sustained finding that the law enforcement officer has participated with any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group or organization that advocates for, espouses, or promotes the commission of acts of force and violence, or any other unlawful means, to overthrow a local, state, or Federal government of the United States;

ix. Any sustained finding that the law enforcement officer is biased against a particular class of people based on race, creed, color, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic pursuant to N.J.S.A. 10:5-1 et seq., the Law Against Discrimination;

x. Any sustained finding that the law enforcement officer is an active member of a group or organization that advocates for, espouses, or promotes the overthrow of a local, state, or Federal government;

xi. Any sustained finding that the law enforcement officer engaged in any of the conduct that provides grounds for an adverse licensure action pursuant to N.J.A.C. 13:1-12.1; and

xii. Any discipline required to be disclosed pursuant to Attorney General directive or internal affairs policy and procedures;

2. Submit, in such manner as prescribed by the Commission, a document setting forth in detail the facts and reasons for any separation, along with supporting documentation within 10 days after the separation, specifying whether the separation related to a violation of or failure to meet any of the standards established in this chapter; and

3. Provide the law enforcement officer who is the subject of the separation notice, a copy of the notice provided to the Commission and advise the law enforcement officer of the opportunity to respond, in writing, to the Commission within two business days of receipt of the notice, setting forth the facts and reasons for the separation as the officer understands them.

N.J. Admin. Code § 13:1-11.6

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023

Amended by 56 N.J.R. 2083(c), effective 10/21/2024