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40A:9-117a. Sheriff@s investigators
The sheriff of each county may appoint a number of persons, not to exceed 15% of the total number of sheriff@s officers employed by the sheriff and set forth in the sheriff@s table of organization in the county budget, to the position of sheriff@s investigator. All sheriff@s investigators shall serve at the pleasure of the sheriff making their appointment and shall be included in the unclassified service of the civil service.
A sheriff@s investigator appointed pursuant to this section shall have the same compensation, benefits, powers and police officer status as is granted to sheriff@s officers. The duties of sheriff@s investigators shall be law enforcement investigations and related duties. A person appointed to the position of sheriff@s investigator shall, within 18 months of appointment, complete a police training course at an approved school and receive certification by the Police Training Commission as provided in P.L.1961, c. 56 (C. 52:17B-66 et seq.). The implementation of this act shall not result in the layoff of permanent sheriff@s officers.
L. 1987, c. 113, s. 2.
40A:9-117.1. Retirement upon pension; certain sheriff@s secretaries
The board of chosen freeholders of any county is authorized by resolution to retire upon a pension in amount of not in excess of 1/4 of salary payable in the last year of employment a sheriff@s secretary, 62 or more years of age, who has or shall have served 10 or more years in employment by the sheriff and who has suffered partial disability as result of a gun shot wound suffered in the line of duty.
L.1971, c. 303, s. 1, eff. Aug. 27, 1971.
40A:9-117.2 Appointment of unpaid deputy sheriffs.
1. In addition to the deputies authorized to be appointed pursuant to N.J.S.40A:9-117, the sheriff of any county may designate and appoint deputy sheriffs to serve at the pleasure of the sheriff without compensation. The sheriff may appoint the lesser of either 85 deputy sheriffs or one deputy sheriff for every 10,000 inhabitants of the county, according to the latest federal decennial census. At the time of or prior to their appointment, all deputy sheriffs shall have completed an appropriate course of training approved by the Police Training Commission. As an auxiliary force of the sheriff@s office, they shall assist in providing for the health, safety and welfare of the people of the State of New Jersey and aid in the prevention of damage to and the destruction of property during any emergency and such other duties as may be prescribed and directed by the sheriff.
No sheriff shall appoint or continue the designation of any deputy sheriff pursuant to this section unless the governing body of the county shall appropriate moneys for the entire cost of effecting and maintaining insurance with any insurance company authorized to do business in this State for acts or omissions committed by such deputy sheriffs in the course of their official duties.
L.1975,c.272,s.1; amended 1981, c.462, s.47; 2004, c.149.
40A:9-117.3. Deputy sheriffs; rights, privileges and immunities
Deputy sheriffs in good faith carrying out, complying with, or attempting to comply with the directions of the sheriff, or performing any authorized service in connection therewith, shall have and possess all of the rights, privileges and immunities conferred upon law enforcement officers of the sheriff; provided that all such deputy sheriffs shall, at the time of or prior to their appointment, complete an appropriate course of training approved by the police training commission.
L.1975, c. 272, s. 2, eff. Jan. 8, 1976.
40A:9-117.4. Deputy sheriffs; identification and badges
The sheriff shall issue identification and badges to such deputy sheriffs as he shall designate and approve.
L.1975, c. 272, s. 3, eff. Jan. 8, 1976.
40A:9-117.5. Chief warrant officer
A sheriff may appoint a chief warrant officer to serve for a term of one year without having to take a civil service examination. The chief warrant officer shall have full police officer status as is granted to other sheriff@s officers, provided that the officer has been certified by the Police Training Commission as having completed a police training course at an approved school, pursuant to P.L.1961, c. 56 (C. 52:17B-66 et seq.).
L.1976, c. 85, s. 1, eff. Sept. 7, 1976. Amended by L.1981, c. 462, s. 48; L.1983, c. 286, s. 2, eff. July 29, 1983.
40A:9-117.5a. Inapplicability of act to tenure attained prior to effective date
This act shall not adversely affect tenure attained by a chief warrant officer prior to the effective date thereof pursuant to the provisions of P.L.1976, c. 85 (C. 40A:9-117.5).
L.1983, c. 286, s. 3, eff. July 29, 1983.
40A:9-117.6. Sheriff@s officers; appointment; duties
The sheriff of each county shall, subject to the budget of the county, appoint such persons as may be necessary, to the position of sheriff@s officer, pursuant to the provisions of Title 11 of the Revised Statutes, where applicable, to perform the duties involved in attending the courts heretofore performed by court attendants, or in serving court processes, or in the investigation and apprehension of violators of the law, or in criminal identification, or in ballistics, or in any related work which the sheriff shall, from time to time prescribe and as shall be determined to be appropriate by the Civil Service Commission. Except as provided herein, no such officer shall be assigned to any penal institution, jail, penitentiary, county correction center or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any inmate housed therein, except upon emergency conditions. Any sheriff@s officer who, on the effective date of this act, is assigned to any penal institution, jail, penitentiary, county correction center, or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any inmate housed therein, may continue to serve in such capacity until such officer is reassigned or terminated, at which time the position shall be filled with an individual in a title appropriate to the duties to be performed.
L.1982, c. 133, s. 1, eff. Sept. 14, 1982. Amended by L.1984, c. 35, s. 3, eff. April 19, 1984.
40A:9-117.7. Person appointed to perform duties listed in s. 40A:9-117.6 as sheriff@s officer
Any person who is appointed on or after the effective date of this act to perform the duties set forth in section 1 of this act shall be appointed as a sheriff@s officer.
L.1982, c. 133, s. 2, eff. Sept. 14, 1982.
40A:9-117.8. Court attendants; application for appointment as sheriff@s officer
Every duly appointed employee holding permanent civil service status in a title the functions of which encompass the performance of duties set forth in section 1 of this act, may apply to the sheriff for appointment as a sheriff@s officer within 30 days after the effective date of this act, and shall be so appointed to the corresponding level sheriff@s officer title and be granted permanent civil service status upon meeting the training qualifications for the position of sheriff@s officer. Training may be waived at the discretion of the sheriff, if the applicant has graduated from a police training school or has 10 or more years in the position held by the employee immediately prior to appointment as a sheriff@s officer.
If no application is made, the employee@s title shall remain in effect, together with all duties, benefits, privileges and powers pertaining thereto. If application is made and the applicant shall fail to meet the qualifications for sheriff@s officer within a reasonable period as the Civil Service Commission shall prescribe, the employee@s title shall remain in effect as if no application had been made.
L.1982, c. 133, s. 3, eff. Sept. 14, 1982. Amended by L.1983, c. 449, s. 1, eff. Jan. 9, 1984.
40A:9-117.9. Seniority; inclusion of permanent time in grade in former titles; reclassification of provisional civil service status
Seniority for employees appointed as sheriff@s officers pursuant to this act shall be calculated so as to include permanent time in grade in their former titles for civil service purposes. All employees who, on the effective date of this act, held provisional civil service status in a title the functions of which encompass duties set forth in section 1 of this act, shall be reclassified by the Civil Service Commission under the appropriate level sheriff@s officer title and may continue in a provisional status pending the regular civil service examination process.
L.1982, c. 133, s. 4, eff. Sept. 14, 1982.
40A:9-117.10. Duties, benefits and powers; compensation
Sheriff@s officers appointed under the provisions of this act shall have the duties, benefits and powers conferred by law on sheriff@s officers, and their compensation shall be as fixed by the sheriff in accordance with the generally accepted county salary ranges and within the confines of the sheriff@s budget allocation set by the governing body.
L.1982, c. 133, s. 5, eff. Sept. 14, 1982. Amended by L.1984, c. 35, s. 4, eff. April 19, 1984.
40A:9-117.11. Decrease of compensation on appointment; prohibition
Nothing in this act shall permit the decrease of compensation paid to persons employed as of the effective date of the act, who shall receive appointments as sheriff@s officers pursuant to this act.
L.1982, c. 133, s. 6, eff. Sept. 14, 1982.
40A:9-117.12. Person over 35 appointed as sheriff@s officer; continuance as member of retirement system
Any person who is over 35 years of age on the effective date of this act, and who is subsequently appointed as a sheriff@s officer pursuant to this act, shall remain a member of the retirement system of which he is a member on that date.
L.1982, c. 133, s. 7, eff. Sept. 14, 1982.
40A:9-117.13. Person under 35; transfer of membership in public employees@ retirement system or county pension fund to police and firemen@s retirement system
a. Any person who is 35 years of age or younger on the effective date of this act, and who is subsequently appointed as a sheriff@s officer pursuant to this act, shall be permitted to transfer his membership in the Public Employees@ Retirement System of New Jersey under P.L.1954, c. 84 (C. 43:15A-1 et seq.), or in a county pension fund created under P.L.1943, c. 160 (C. 43:10-18.1 et seq.) or P.L.1948, c. 310 (C. 43:10-18.50 et seq.) or article 1 of chapter 10 of Title 43 of the Revised Statutes (R.S. 43:10-1 et seq.) to the Police and Firemen@s Retirement System of New Jersey established by P.L.1944, c. 255 (C. 43:16A-1 et seq.) by waiving all rights and benefits which would otherwise be provided by the Public Employees@ Retirement System of New Jersey or county pension fund and making a lump sum payment into the Police and Firemen@s Retirement System of New Jersey annuity savings fund of the amount of the difference between the contribution which was paid as a member of the Public Employees@ Retirement System of New Jersey or county pension fund and the contribution that would have been required if he had been a member of the Police and Firemen@s Retirement System of New Jersey since the date of last enrolling in the Public Employees@ Retirement System of New Jersey or a county pension fund. In addition, the employee shall be liable for any payment to the retirement system that the employer would have been required to make on behalf of the member for the purchase of such credit; this payment may be made in regular monthly installments or in a lump sum, as the employee may elect, and pursuant to rules and regulations as may be promulgated by the Division of Pensions. He may also be permitted to continue his membership in the Public Employees@ Retirement System of New Jersey or county pension fund by waiving all rights and benefits which would otherwise be provided by the Police and Firemen@s Retirement System of New Jersey. Any waiver shall be accomplished by filing forms satisfactory to the Division of Pensions, which is responsible for the administration of the Police and Firemen@s Retirement System of New Jersey, within 90 days following the date of appointment. In the absence of a filing of a timely waiver by the person, his pension status shall remain unchanged and his membership shall not be transferred to the Police and Firemen@s Retirement System of New Jersey.
b. The transfer of membership from the Public Employees@ Retirement System of New Jersey or county pension fund to the Police and Firemen@s Retirement System of New Jersey shall be done in accordance with the provisions of P.L.1973, c. 156 (C. 43:16A-62 et seq.) and this act. Whenever in P.L.1973, c. 156 a period of time is set which is to be calculated from the effective date of that act, the time shall be calculated from the date of appointment as sheriff@s officer pursuant to this act for the purposes hereof.
L.1982, c. 133, s. 8, eff. Sept. 14, 1982.
40A:9-117.14. Sheriff@s officers; eligibility for permanent appointment without civil service open competitive examination
In any county, except a county of the first class, any person who on the effective date of this act is employed in the position of sheriff@s officer as a provisional employee, who has at least five years as a sworn police officer or has at least two years@ experience as a provisional sheriff@s officer, and who, prior to July, 1982, is enrolled in or who has successfully completed a certified Police Academy Training Course in the State of New Jersey, shall be eligible for permanent appointment by the sheriff, at his discretion, to the position of sheriff@s officer without having to take the civil service open competitive examination, upon passage of a qualifying examination for the position administered by the Department of Civil Service.
L.1983, c. 131, s. 1, eff. April 11, 1983.
40A:9-117.15. Sheriff@s officer chief; creation of position permitted
The sheriff of any county may create the position of sheriff@s officer chief. In a county which has adopted the provisions of Title 11A of the New Jersey Statutes, the position of sheriff@s officer chief shall be an unclassified position. The sheriff@s officer chief shall be the highest ranking uniformed officer within the county sheriff@s department.
L.1989, c.280, s.1.
40A:9-117.16. Candidates for sheriff@s officer chief; requirements
A candidate for the position of sheriff@s officer chief shall be a citizen of the United States, and a resident of the county of appointment for at least three years next preceding his appointment. In addition, a candidate shall be certified by the Police Training Commission as having completed a police training course at an approved school, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall have at least 10 years@ experience in law enforcement.
L.1989, c.280, s.2.
40A:9-117.17. Appointment, term
Any sheriff@s officer chief appointed under this act shall be appointed by the sheriff to serve a term of one year, subject to reappointment by the sheriff.
L.1989, c.280, s.3.
40A:9-117.18. Sheriff to prescribe duties
The sheriff shall prescribe the duties of the office of sheriff@s officer chief.
L.1989, c.280, s.4.
40A:9-117.19. Continuation of position of sheriff@s officer chief, reappointment
Notwithstanding the provisions of section 3 of this act, any person serving as a sheriff@s officer chief on the effective date of this act shall remain in the position until the expiration of his term of appointment, and may be reappointed for a term to be determined by the appointing authority.
L.1989, c.280, s.5.
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