N.J. Admin. Code § 13:1-15.1

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

Section 13:1-15.1 - Procedures for the initiation of charges

(a) When the Commission learns of alleged law enforcement officer conduct or information that could potentially provide grounds for an adverse licensure action pursuant to N.J.A.C. 13:1-12.1, the Commission shall complete a preliminary review of the allegations to determine if there is sufficient information to warrant further investigation.

(b) Upon initiating a preliminary review of the allegations, the Commission shall notify the law enforcement unit that employs the law enforcement officer who is subject of the allegations that the Commission is conducting a preliminary review. Upon notification to the law enforcement unit, the officer who is the subject of the allegations for which the Commission has conducted a preliminary review shall be notified of the allegations. If the local law enforcement unit notifies the Commission that it is conducting an internal affairs investigation, or will open an internal affairs investigation, on the same or similar allegations, the Commission has the discretion to hold its investigation in abeyance pending the outcome of the law enforcement unit's internal affairs investigation.

(c) At the Commission's request, the employing law enforcement unit shall submit copies of any relevant investigative findings, evidence, or documentation to the Commission to facilitate the Commission's preliminary review.

(d) If, after a preliminary review of the allegations, the Commission:

1. Determines that a law enforcement officer may have engaged in conduct or learns of information that could provide grounds for an adverse licensure action against the law enforcement officer, pursuant to N.J.A.C. 13:1-12.1, or the Commission learns that a law enforcement unit terminated the officer's employment for cause or that the law enforcement officer resigned in lieu of termination or retired in lieu of termination, then the Commission shall assign the allegations for further investigation.

2. Determines further investigation is not warranted, the Commission shall notify the chief law enforcement executive of the law enforcement unit that employs the law enforcement officer who is subject of the allegations that the Commission is not conducting further investigation.

(e) The Commission may conduct the further investigation deemed necessary pursuant to (d) above itself, assign the further investigation to the Licensing Committee or investigative staff, or to the employing law enforcement unit. The Commission shall not assign further investigation to the employing unit when:

1. The employing law enforcement unit requests that another agency or the Commission conduct the further investigation and such other agency and the Commission agree to do so; or

2. The Commission determines that it, or another entity, should conduct the further investigation based upon the alleged facts and circumstances, including investigations involving the chief law enforcement executive, familial conflicts of interests, allegations concerning a substantial portion of officers employed by the law enforcement unit, or allegations or complaints regarding the law enforcement unit's policy.

(f) The entity conducting further investigation pursuant to (d) above shall, within 30 days of completing an investigation, deliver an investigative summary report and copies of any evidence to the Commission, which report shall contain, at a minimum, each allegation and its elements followed by a description of any testimonial, documentary, and physical evidence that is relevant to each allegation or element along with a list and description of each person interviewed.

(g) If the Commission finds that the further investigation conducted pursuant to (d) above is incomplete or deficient, the Commission may direct the investigating entity to take additional investigative steps deemed appropriate to satisfactorily complete the investigation, or the Commission may take such steps itself. The investigating entity or the relevant investigator for the Commission then shall submit a new investigative summary report to the Commission for approval.

N.J. Admin. Code § 13:1-15.1

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