Legislation

SUBJECT: Policy on the Use of Conducted Energy Devices by Law Enforcement Personnel              10-11-2009

The Attorney General’s Office has issued a newly approved policy on the use of conducted energy devices (stun guns) by law enforcement personnel. This supplemental policy is based on the recommendations of the Attorney General’s Advisory Group to Study the Use of Less-lethal Force.

Conducted energy devices provide a valuable tool to be used in limited circumstances by law enforcement personnel where significant force is required. The policy permits the use of conducted energy devices by a limited number of specially trained officers. These officers may use the devices when confronted by an emotionally disturbed person conducting himself in a manner that the officer reasonably believes is likely to result in serious bodily injury to himself, the officer, or others. Use of the devices in conformance with these guidelines will assist law enforcement personnel by providing a significant addition to their continuum of force.

The policy specifically prohibits use of the devices: as “pain compliance devices,” to prevent a person from committing property damage, to prevent a person from fleeing the scene, on persons restrained by handcuffs, and on persons in a motor vehicle. The policy requires semiannual retraining by officers authorized to deploy the devices. It additionally requires the procurement of only those devices that store critical data, such as a digital video recording and a time/date stamp, on every instance in which the device is discharged.

Implementation of this policy provides greater safety to the public as well as law

enforcement personnel, and ensures accountability for the use of these devices.

Any questions concerning the implementation of this new policy should be addressed to Criminal Justice Director Deborah L. Gramiccioni, or her designee.

For a copy of the A.G. Policy go to:
http://njfop.org/pdf/ag_policy_conducted_energy-devices.pdf

Latest update on IRS “Normal Retirement Age”-Extension of Application

Extension of Effective Date of Normal Retirement Age Regulations for Governmental Plans

Notice 2008-98

I. Purpose
The Service and Treasury intend to extend the date by which a governmental plan must comply with final regulations on distributions from a pension plan upon attainment of normal retirement age, which were published in the Federal Register as T.D. 9325 (72

FR 28604) on May 22, 2007 (“the 2007 final regulations”). Under the extension, the 2007 final regulations will be effective for a governmental plan (as defined in § 414(d) of the Internal Revenue Code) for plan years beginning on or after January 1, 2011. This notice does not change the effective date of the 2007 final regulations for a plan that is not a governmental plan or modify the relief previously provided in Notice 2007-69,

2007- 2 C.B. 468.  Full Rule, Click Here

The New Jersey Civil Service commission (now that the Department of Personnel ahs been disbanded) has issued a rule change to N.J.A.C. 4A (SEE BELOW).  This change was issued on an emergency basis under a “STATEMENT OF IMMINENT PERIL” and therefore must be formally adopted within 60 days.   Obviously, the state is using our current economic crisis as a justification to furlough public employees.  This change gives significant authority to State and Local Governments which could prove very detrimental to public employees.
“PROPOSED NEW RULE UNDER N.J.A.C. 4A:8-1.1 GENERAL”

OLD RULE

4A:8-1.1 General

( c )     At no time shall any employee be subject to any layoff action if the employee is on a military leave or absence for active service in the Armed Forces of the United States in time of war or emergency.

NEW RULE
4A: 8-1.1 A Temporary layoffs
(a)       An appointing authority in State or local service may institute a temporary layoff for economy, efficiency, or other related reasons.  A temporary layoff shall be defined as: (1) the closure of an entire layoff unit for one or more work days over a defined period; or (2) a staggered layoff of each employee in a layoff unit for one or more work days over a defined period.  A temporary layoff shall be considered a single layoff action even though the layoff or individual employees take place on different days during the defined period.  The defined period shall be set forth by the appointing authority in its temporary layoff plan; however, in a staggered layoff, the maximum period to stagger one day off shall not exceed 45 days.
(b)       A temporary layoff pursuant to subsection (a) of this section may, with the approval of the Chairperson or a designee, be subject to limited exceptions when necessary to ensure continued public health and safety, including but not limited to child welfare, law enforcement, and care for prisoners, patients, and other residents in the care or custody of the state.
(c)       In a temporary layoff, no employee in the layoff unit, whether career, senior executive, or unclassified, shall be paid for any work day that is designated as exempt from a temporary layoff day pursuant to subsection (b) of this section shall be paid his or her regular wages for working on that day.
(c)       A temporary layoff plan shall be submitted to the Chairperson of the Civil service Commission or a designee in accordance with N.J.A.C. 4A:8-1.4 at least 15 days prior to the issuance of temporary layoff notices, or such other period as permitted by the Chairperson or a designee.  The temporary layoff plan shall describe the implementation of the temporary layoff, including the specific day(s) on which the layoff unit will be closed, any exceptions pursuant to subsection (b) of this section, and, if staggered, the reasons for not closing the entire layoff unit on a specific day, and the staffing plan for implementing a staggered temporary layoff.  Part time employees shall be designated for a proportional amount of temporary layoff time, consistent with the ration of hours worked to full-time employment.  In a staggered temporary layoff, the appointing authority shall be permitted, in its sole discretion, to designate as unpaid temporary layoff time any planned or unplanned leave time taken by an employee during the defined layoff period, up to the maximum temporary layoff time for that defined layoff period.  Employees shall not be permitted to substitute any paid leave for an unpaid temporary layoff day.
(d)       For purposes of accrual of leave time, anniversary dates, paid holidays, and seniority, temporary layoff time shall be treated as if the employee is in pay status.  An employee serving a working test period shall have the working test period extended for the time equal to the temporary layoff time.  A federal Family and Medical Leave Act leave or other leave for medical or family reasons shall not be affected by a temporary layoff.  An alternate work week program may be suspended for pay periods in which a temporary layoff is implemented.
(e)       This temporary layoff rule, N.J.A.C. 4A:8-1.1A shall expire on June 30, 2010.
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Statement from Governor Corzine on the Adoption of Furlough Rules by the Civil Service Commission

TRENTON – Governor Jon S. Corzine today made the following statement on the Civil Service Commission’s actions to set rules for mandatory furloughs.

“In the midst of this national economic crisis, we are faced with tough choices about how to balance the state budget. It is essential that we do what is right for all New Jerseyans. The right thing to do is to avoid putting thousands of people onto the unemployment rolls but instead keeping them on the job, even if it means mandatory, unpaid time off.

“With that in mind I concur with the finding by the Civil Service Commission that an emergency exists, requiring that the furlough rule be adopted immediately. This allows the commission to move forward so the state, county and local governments may expedite plans for temporary layoffs through mandatory furloughs in the current fiscal year and also in the upcoming FY2010 fiscal year.

“I have asked each of the departments to implement furlough plans in a manner that will be least disruptive to the public we serve and the workforce without compromising public safety.  As part of our effort to ensure the public is protected, we will exempt from furlough certain personnel who perform functions that require round-the-clock coverage, such as law enforcement, corrections and direct care aides at state institutions.

“While furloughs and wage freezes are not options we would choose in ordinary circumstances, they are the right choices in the current crisis as we fulfill our constitutional obligation to the people of this great state.”

Scutari, Nicholas P. (C) – Yes
Weinberg, Loretta (V) – Yes
Beck, Jennifer – Yes
O’Toole, Kevin J. – Yes
Whelan, Jim – Yes

Session Voting:
Sen.    12/15/2008  –  3RDG FINAL PASSAGE   –  Yes {38}  No {0}  Not Voting {2}    –  Roll Call
To View Full Resolution:  http://www.njleg.state.nj.us/2006/Bills/SJR/33_I1.PDF

S14/A3688 were modified and new Bill (the revised version) is A3868.  A3868 was signed into law.  It calls for a one-year Pension Holiday in PFRS, PERS & SPRS, plus the Teacher’s pension.  This is different from the original proposal in S14/A3688 which called for a 3 year Pension Holiday.  A3868 is also optional where S14/A3688 was automatic.

S180

S180

Sen.    6/12/2008  –  3RDG FINAL PASSAGE   –  Yes {38}  No {0}  Not Voting {2}    –  Roll Call

Asm.  12/15/2008  –  SUBSTITUTE FOR A1179 Aca   –  Yes {0}  No {0}  Not Voting {80}  Abstains {0}  –  Voice Vote Passed
Asm.  12/15/2008  –  3RDG FINAL PASSAGE   –  Yes {76}  No {0}  Not Voting {3}  Abstains {1}  –  Roll Call

To view law:
http://www.njleg.state.nj.us/2008/Bills/PL09/5_.HTM

This Bill impacts several of our members and we should all do whatever we can to ensure its passage.  Brother Len Safko has been keeping us updated on its progress and will continue to do so.

We would like to acknowledge the efforts of Brother Gordon Johnson, who chairs the New Jersey State Assembly Law & Public Safety Committee, for all his hard work resulting in the Assembly passage of A377.

Under the bill, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if:

(1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) the underage person was the first person to make the 9-1-1 report; and

(4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the

9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

The bill also provides immunity for the underage person who receives medical assistance.

The bill is modeled after Colorado’s statute providing immunity for underage possession or consumption of alcoholic beverages if the underage person calls for medical assistance under the conditions set forth in the bill.

In introducing this legislation, it is not the sponsor’s intent to condone the use of alcohol by underage persons.  This bill was introduced in response to incidents of excessive drinking by underage persons and creates the opportunity to save young persons whose lives are imperiled as a result of severe intoxication.
To view bill in it’s entirety:
http://www.njleg.state.nj.us/2008/Bills/A3500/3160_U1.HTM

Presently, exemptions from jury duty are statutorily authorized for persons: 75 years of age or older; who have served on a jury within the previous three years; or who will suffer severe hardship due to circumstances that are unlikely to change within a year (i.e. medical conditions, care of another or financial hardship).  Members of volunteer fire departments and first aid or rescue squads and, under certain circumstances, teachers are exempted

This bill would make such an assault against a law enforcement officer a crime of the second degree.  A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.

AJR97

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6/19/2008 Introduced, 1st Reading without Reference, 2nd Reading
9/25/2008 Passed by the Assembly (78-0-0)
10/2/2008 Received in the Senate, Referred to Senate State Government Committee
5/7/2009 Reported from Senate Committee, 2nd Reading
6/18/2009 Substituted for SJR73
6/18/2009 Passed Senate (Passed Both Houses) (40-0)

Statement – SSG 5/7/09 – 1 pages   HTML Format
Introduced – 3 pages   HTML Format
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Committee Voting:
SSG  5/7/2009  –  r/favorably  –  Yes {5}  No {0}  Not Voting {0}  Abstains {0}  –  Roll Call

Scutari, Nicholas P. (C) – Yes
Weinberg, Loretta (V) – Yes
Beck, Jennifer – Yes
O’Toole, Kevin J. – Yes
Whelan, Jim – Yes

Session Voting:
Asm.  9/25/2008  –  3RDG FINAL PASSAGE   –  Yes {78}  No {0}  Not Voting {2}  Abstains {0}  –  Roll Call

Sen.    6/18/2009  –  SUBSTITUTE FOR SJR73   –  Yes {0}  No {0}  Not Voting {40}    –  Voice Vote Passed
Sen.    6/18/2009  –  3RDG FINAL PASSAGE   –  Yes {40}  No {0}  Not Voting {0}    –  Roll Call

Evans, Elease – Yes
Rible, David P. – Yes
Spencer, L. Grace – Yes

To view Bill in it’s entirety:
http://www.njleg.state.nj.us/2008/Bills/A1500/1179_R1.HTM

STATE OF NEW JERSEY

The Senate Education Committee favorably reports Assembly Bill No. 2655 (1R) with committee amendments.

As amended, this bill requires law enforcement or prosecuting agencies to provide written notice to the principal of a secondary school of the identity of any student who is 18 years of age or older who has been charged, adjudicated, or convicted if:

1)   the offense occurred on school property or a school bus, occurred at a school-sponsored function, or was committed against an employee or official of the school;

2)   the student was taken into custody as a result of information or evidence provided by school officials; or

3)   the offense constitutes a crime and the offense:

–resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury;

–involved the unlawful use or possession of a firearm or other weapon;

–involved the unlawful manufacture, distribution, or possession with intent to distribute a controlled dangerous substance or controlled substance analog;

–was committed with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or

–is a crime of the first through third degree.

Currently, law enforcement and prosecuting agencies are required to advise a principal when a charge, adjudication, or disposition of a juvenile takes place.  This bill extends the notification to situations involving students who are age 18 or older, but who are still enrolled in high school.

The bill also changes current law to require that law enforcement or a prosecuting agency must advise the principal in writing in the case of a charge, adjudication, or disposition of a juvenile.  In addition, notification would also be sent for third degree crimes, not just first and second degree as the law currently reads.

Under current law, any local school board that receives a new student is required to request, in writing, the student’s records from the student’s school district of last attendance.  The school district of last attendance is required to notify the student’s new school district of any information received from a law enforcement or prosecuting agency regarding the student.  The bill would ensure that the school district of last attendance would provide notice concerning information it has obtained from a law enforcement or prosecuting agency about a student 18 years of age or older.  In addition, the bill adds a new requirement to this provision of law stating that in a case where a school district of last attendance does not receive a request for information within two weeks of the student’s transfer, the school district must use every available means to determine in which new school district a student has enrolled, and send the student’s records to that district.

It is the committee’s intent that the reference to “every available means” in the bill includes means available to the district given its existing level of funding or resources.

The committee amended the bill to require the receiving school district that has enrolled a new student to use every available means to obtain a student’s records, in the case in which it has sent a written request to the school district of last attendance but not received the records.

As amended and reported by the committee, this bill is identical to Senate Bill No. 1809 with committee amendments, which was reported by the committee on this same date.

Malone, Joseph R., III – No
McHose, Alison Littell – No
O’Scanlon, Declan J., Jr. – No

Pou, Nellie – Yes
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To view this Bill in it’s entirety:
http://www.njleg.state.nj.us/2008/Bills/A4000/3688_S2.HTM

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A3868 Adjusts required local employer contributions to PERS and PFRS for State fiscal year 2009.
Substituted by another Bill

This Bill Passed by the Legislature on March 16, 2009.  It replaces S21 and A3688.
This is an important Bill for those in PFRS and PERS.