HomeMy Public PortalAboutr 06:167
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No 1Qú-167
Date of Adoption Mav 17~06
OPPOSING ASSEMBLY BILL A-I667 AS PRESENTLY AMENDED BY
THE ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE
WHEREAS, Assembly Bill A-1667, as released by the Assembly Law and
Public Safety Committee would amend N.J.S.A. 40A-14-118 to unjustifiably
usurp municipal authority to properly vest police powers as deemed appropriate
by a municipality; and
WHEREAS, as such, A-1667 would exceedingly limit the powers and duties of a
civilian director of public safety or similar civilian chief executive of a municipal
police force; and
WHEREAS, A-1667, as amended, would overturn the Appellate Court's 1999
decision in North Brunswick PBA YS. North Brunswick which established the
right of local governing bodies to vest day-to-day policy direction, including the
assignment function, with a civilian director; and
WHEREAS, seyeral provisions of A-1667 would erode appropriate local
prerogatives of communities to use a civilian director to manage their police
operations;
WHEREAS, A-1667 could cause serious administrative management and
oversight problems for smaller municipal police departments that operate with a
civilian director.
WHEREAS, the New Jersey League of Municipalities strongly opposes A-1667
as released and has requested that all of its members to go on record similarly
opposing the same.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough ofCarteret, County of Middlesex, State of New Jersey, as foJIows:
1. That the Borough of Carteret hereby opposes Assembly
Bill A-1667as released by the Assembly Law and Public
Safety Committee.
2. That a copy of this Resolution be forwarded to Carteret's
New Jersey Senate and Assembly delegation and to the
New Jersey League of Municipalities.
Adopted this 17'" day of May, 2006
and certified as a true copy of the
original on May 18, 2006.
COUNCILr-.lAN YES NO NY A.B. COUNCILMAN YES NO NY A.B.
BELLINO X NAPLES X
DIAZ X RIOS X
KRJJM X ST'r^R7 1C
X -Indica!e VOlt AB· Absent NY - Not VOliflg XOR _ Indicales Vote 10 Overrule Veto e~
Adopted at a meeting of the Muni<:ipal Council ~;;: Ø;~~A'
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CLER
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KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
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Leol.lâUve Stmf'lœs
Ph""", (8011) G95-3481
Fax: (8011) 895-5156
www,nJolom.org
NrTLM New Jersey State League
J of Municipallti.s
407 west state street. Trenton, NJ 08618
PHONE, (609) 89503491 FAX, 1609' 895,5156
EMAll' leaaue@nlslom.com WWW.rI, slom.or;
wl.lam G. Dressel, Jr., EXECUTIVE DI~EÇTOR
Dear Mayor:
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May 12, 2006
A-1667, with
Committee oDdments
aCety Olredon)
~.~~I s~J,,-:>
Yesterday, the Assembly Law and Public Safety Committee released a bill that would uslUp
municipal authority to vest police powers as it sees fit, in the absence of a Chief of }>olico.
Other parts of the bill need to be clarified to avoid contention and, possibly, costly litigation,
Accordingly, we strongly oppose A-1667, which was introdU(:ed to limit the powers and
duties of a civilian director of public safety, The bill would overturn the Appellate Court's
1999 decision in NOHh Brunswick PBA vs. Nanh Brunswick, which established the right of
local governing bodies to vest day-to-day policy direction, including the assignment
function, with a civilian director, in the absence of a Chief.
While much of the bill could be supported, several provisions would etOde appropriate local
pœrogatives of communities that choose to use a civilian director to manage their police
operations. We believe that there are better ways to address the problems which led to the
introduction of this bill.
But, as currently drafted, this bill m!l.St be stopped, Even jf your municipality does not have
a public safety director, we urge you to contact your State Legislators and ask them to
oppose A-1667. Our League Legislative Policy states, in part. "It is essential that the
municipalities of the state should ad in unison on adverse legislation, and hence if only a
portion of the members are affected by undesirable bills, these should be opposed as a
matter of principle, or otherwise WJfavorable legislation will be enacted piecemeal."
Please urge your State Legislators to oppose A-1667. For further infomudion, contact Jon
Moran at 609-695-3481, ext. 21.
WGD/sc