Sponsored by:
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
SYNOPSIS
Conforms statute to reflect court ruling regarding minimum age for eligibility as municipal police officer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning municipal law enforcement officers and amending N.J.S.40A:14-127.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-127 is amended to read as follows:
40A:14-127. Except as otherwise herein provided, [no] a person shall not be appointed as a member or officer of the police department or force in any municipality who is under [21] 18 or over 35 years of age.
In any municipality wherein Title 11 (Civil Service) of the Revised Statutes is operative, any person who shall have met the age requirements herein at the announced closing date of a civil service examination for the position, shall be considered within the age requirements while the civil service list promulgated as a result of that examination is in effect.
Nothing herein contained shall affect the employment or continuance in office of any person as a permanent policeman, employed by said municipality prior to the adoption of the ordinance, creating and establishing a paid police department or force.
The provisions of this section are subject to [chapter 98 of the laws of 1944 (C. 38:23A-2)] P.L.1944, c.98 (C.38:23A-2) relating to maximum age limits for persons serving in the armed forces of the United States as therein provided.
(cf: P.L.1971, c.197 s.1)
2. This act shall take effect immediately.
STATEMENT
This bill codifies the decision of the New Jersey State Supreme Court of affirming that the age of majority, which is 18 years of age, is the minimum age for employment eligibility as a police officer.
Currently, N.J.S.40A:14-127 provides that a person is required to be between the ages of 21 and 35 to qualify for appointment to a municipal law enforcement agency. However, in N.J. State Police Benevolent Association v. Morristown, 65 N.J. 160 (1974) the court determined that the age of majority statute, P.L.1972, c.81 (C.9:17B-1 et seq.), supersedes N.J.S.40A:14-127. The age of majority statute established that a person reaches majority at 18 years of age and, therefore, may apply and be appointed to public employment, among other rights and obligations. The court clarified that the exceptions provided in the statute do not include employment as a law enforcement officer.
This bill rectifies the discrepancy between State law and the current practice since the court decision.