N.J. Admin. Code § 13:1-1.1
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Adverse licensure action" means a disposition on charges, after affording an opportunity to be heard, which may include, but is not limited to:
"Applicant" means an individual who applies to the Commission to become licensed as a law enforcement officer in accordance with N.J.S.A. 52:17B-71a et seq., and this chapter.
"Appointing authority" means a person or group of persons having the power of appointment to or removal from offices, positions, or employment under the jurisdiction of the Police Training Commission.
"Approved school" means a school approved and authorized by the Police Training Commission to give police training courses or a training course for law enforcement officers.
"Background investigation" means an evaluation of an individual in accordance with the standards set forth at N.J.A.C. 13:1-10.3.
"Basic Course" means an entry-level training course at a Commission-approved school designed for trainees who are required by law to be trained under Commission jurisdiction.
"Certification" means a written statement issued by the Commission attesting that a school or individual has complied with Commission requirements for training.
"Commission" means the Police Training Commission, or officers or employees thereof, acting on its behalf.
"Commission Chairperson" means the Attorney General of the State of New Jersey or their designee.
"Commission staff" means those employees of the Division of Criminal Justice/Office of Public Integrity and Accountability within the Department of Law and Public Safety assigned by the Director to administer the Police Training Act.
"Conflict of interest or appearance of bias" may include, but is not limited to, matters where a party in an adverse licensure action is an individual with whom a Commission member or hearing officer has an employment relationship; or is a relative or friend, or is an executive officer of a professional organization, association, or union with which the Commission member or hearing officer is affiliated. Any perceived conflict of interest will be reviewed on a case-by-case basis.
"Conviction" means, pursuant to any state or Federal law, a finding or verdict of guilt, a plea of guilty, or a plea of no lo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon or whether the conviction has been expunged.
"County" means any county which within its jurisdiction has, or shall have a law enforcement unit.
"Criminal organization" is defined as group or association of individuals engaged in ongoing, organized criminal activity.
"Curriculum" means a specific course or the aggregate of courses of study at a Commission-approved school.
"Discrimination" means harassment of, disparate treatment of, having a disparate impact on, or creating a hostile environment for an individual or group based on race or color; religion or creed; national origin, nationality, or ancestry; sex, pregnancy, or breastfeeding; sexual orientation; gender identity or expression; disability; marital status or domestic partnership/civil union status; or any other protected characteristic pursuant to the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., and includes any other unlawful practices and acts specified at N.J.S.A. 10:5-12.
"Domestic terrorist group" is a group of individuals engaged in activities that endanger human life, critical infrastructure, or key resources that:
"Employment-related information" means written information in an employer's records, internal affairs files, or personnel files that relates to an applicant's performance or behavior while employed, including all performance evaluations, complaints (regardless if deemed unfounded or unsubstantiated), disciplinary records, records concerning investigations of misconduct (regardless of the result of the investigation), and records concerning reasons for separation and eligibility for rehire.
"Foreign terrorist organization" means those organizations designated as foreign terrorist organizations by the United States Secretary of State, in accordance with Section 219 of the Immigration and Nationality Act, the Federal Bureau of Investigation, the United States Department of State, and the Department of Homeland Security, in accordance with the National Defense Authorization Act, the Antiterrorism Act, 18 U.S.C. §§ 2331 et seq., and the Homeland Security Act, 6 U.S.C. §§ 101 et seq.
"Hate group" means an organization or group that, based upon its statements, principles, or activities, supports, advocates for, threatens, practices, or incites discrimination toward, genocide of, or violence toward, any group of persons based upon race or color; religion or creed; national origin, nationality, or ancestry; sex, pregnancy, or breastfeeding; sexual orientation; gender identity or expression; disability; marital status or domestic partnership/civil union status; or any other characteristic protected pursuant to the Law Against Discrimination, P.L. 1945, c. 169 (N.J.S.A. 10:5-1 et seq.).
"Hearing officer" means an impartial individual, designated by the Commission to conduct licensing hearings.
"Inactive status" means the status of a previously licensed law enforcement officer upon separation from employment and prior to reactivation by the Commission thereby placing the individual in a non-law enforcement status who is no longer authorized to function in the capacity of a law enforcement officer. Placing a licensee in inactive status is not a punitive action to be taken by the Commission. A licensee placed on inactive status does not need to be reported to the "National Decertification Index" or any successor database.
"In-service course" means any Commission-approved course of study which a trainee shall attend after completion of the basic course.
"Institution of higher learning" means any college or university licensed by the New Jersey Commission on Higher Education.
"Law enforcement officer" means any person who is employed as a sworn member of any state, county, or municipal law enforcement unit, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of the State. This term shall include, but is not limited to, sworn members of the New Jersey State Police, the Division of Criminal Justice, and the Juvenile Justice Commission; State correctional police officers pursuant to N.J.S.A. 2A:154-4; county correctional police officers pursuant to N.J.S.A. 2A:154-3; State Parole officers pursuant to N.J.S.A. 2A:154-4; special law enforcement officers of all classes pursuant to N.J.S.A. 40A:14-6.8 et seq.; humane law enforcement officers appointed pursuant to N.J.S.A. 4:2214.1 or 4:22-14.4; transit police officers appointed by New Jersey Transit pursuant to N.J.S.A. 27:25-15.1; campus police officers appointed pursuant to N.J.S.A. 18A:6-4.2 et seq.; campus police officers appointed pursuant to N.J.S.A. 18A:6-4.2; Burlington County Bridge Commission Police, pursuant to N.J.S.A. 27:19-36.3; and Palisades Parkway Police pursuant to N.J.S.A. 32:14-21. For purpose of this chapter, "police officer" shall be synonymous with "law enforcement officer."
"Law enforcement unit" means any state, county, or municipal law enforcement agency, department, division, or instrumentality of such government that is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of the State, and shall include all agencies that employ law enforcement officers as defined in this section. For purposes of this chapter, "law enforcement agency" shall be synonymous with "law enforcement unit."
"Licensing committee" means the committee established by the Commission to perform duties with respect to law enforcement officer licensing as set forth at N.J.S.A. 52:17B-71a.
"Medical examination" means a fitness evaluation of an individual by a licensed physician, physician assistant, or advanced practice nurse in accordance with the standards set forth at N.J.A.C. 13:1-10.4.
"Municipality" means a city of any class, township, borough, village, or any other type of municipality in this State which, within its jurisdiction, has or shall have, a law enforcement unit.
"National Decertification Index" means the national registry of law enforcement officer decertification or license revocations maintained by the International Association of Directors of Law Enforcement Standards and Training, or a successor database.
"Non-disclosure agreements" which are prohibited pursuant to N.J.S.A. 52:17B-77.16a.f, means any agreements that seek to conceal or prevent public review of the circumstances pursuant to which a law enforcement officer separated from or was terminated or fired from any law enforcement unit.
"Outwardly facing social media activity" means any and all content, interaction, or other involvement on or in connection with an individual's presence on a social media account that is available or otherwise visible or accessible to other users of that social media provider, including social media activity that is available or otherwise visible or accessible only to users approved by the individual's account, such as posts and comments (including words and/or images), reactions to posts or comments by other users, or sharing posts or comments by other users. The term does not include private, direct messages on a social media platform.
"Participated with" means active and direct involvement in, affiliation with, or coordination or facilitation of, or advocating for or supporting the goals or activities of a group.
"Permanent appointment" means an appointment having permanent status as a law enforcement officer in a law enforcement unit as prescribed by Title 11A of the New Jersey Statutes, Civil Service Commission rules, or of any other law of this State, municipal ordinance, or rules and regulations adopted thereunder.
"Police instructor" means an individual who is employed as a law enforcement officer as defined in this subchapter and is certified by the Commission to teach at a Commission-approved school.
"Police training course" means a training course approved by the Commission and conducted at an approved school.
"Probable cause to believe" means when there is a fair probability that a search will result in evidence related to the applicant or candidate's unsuitability for licensing (as specified in the Police Licensing Act and/or the accompanying regulations) being discovered in the candidate's social media accounts.
"Probationary law enforcement license" means a license issued by the Commission to a person appointed by a law enforcement unit on a probationary or temporary basis that authorizes the person to perform the functions of a permanent law enforcement officer during the person's probationary or temporary appointment term.
"Psychological examination" means an exam performed by a licensed psychiatrist or psychologist to determine whether the potential trainee or applicant is psychologically fit to perform the duties of the title that the potential trainee or applicant has been appointed. The exam shall include all requirements listed at N.J.A.C. 13:1-8.1(e) or 10.6, as applicable.
"Public expression of lawlessness or bias" means any expression in a public forum, including on outwardly facing social media, in discussion forums, in writings, or in speeches, advocating for or supporting: the overthrow of government; a foreign terrorist organization; a domestic terrorist group; a criminal organization; a hate group; or the discrimination toward, genocide of, or violence toward, any individual or group of persons based upon race or color; religion or creed; national origin, nationality, or ancestry; sex, pregnancy, or breastfeeding; sexual orientation; gender identity or expression; disability; marital status or domestic partnership/civil union status; or any other protected characteristic pursuant to the Law Against Discrimination, P.L. 1945, c. 169 (N.J.S.A. 10:5-1 et seq.). "Public expression of lawlessness or bias" also includes the public display of any tattoo, uniform, insignia, flag, logo, or other similar symbol that indicates support for the overthrow of government, a foreign terrorist organization, a domestic terrorist group, a criminal organization, a hate group, or discrimination toward, genocide of, or violence toward, any group of persons based upon race or color; religion or creed; national origin, nationality, or ancestry; sex, pregnancy, or breastfeeding; sexual orientation; gender identity or expression; disability; marital status or domestic partnership/civil union status; or any other protected characteristic pursuant to the Law Against Discrimination, P.L. 1945, c. 169 (N.J.S.A. 10:5-1 et seq.). Nothing in this definition is intended to infringe upon an individual's rights pursuant to the First Amendment of the United States Constitution or Article 1, Paragraph 6, of the New Jersey State Constitution.
"Publicly accessible components of social media accounts" means any and all content, interaction, or other involvement on or in connection with an individual's presence on a social media account that is available or otherwise visible or accessible to members of the public or members of the social media platform, without requiring approval by the individual's account.
"Range master" means an individual certified by the Commission and appointed by a school director to control and supervise all activities at a firearms range.
"School" means an institution approved by the Commission to provide basic and/or in-service courses of study.
"School director" means an individual designated as having the responsibility for the administrative and day-to-day operations of a Commission-approved school.
"Senior defensive tactics instructor" means an individual certified by the Commission and appointed by a school director to control and supervise all defensive tactics classes and training blocks of instruction.
"Separation from appointment or employment" means, and includes, firing, termination, resignation, retirement, and voluntary or involuntary extended leaves of absence.
"Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with themselves must be in view of the victim whom the actor knows to be present.
"Sexual harassment" means a type of sex discrimination prohibited by the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example, submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting that individual; or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a member of the public, co-worker, or employee whether or not such individual is in a subordinate position to the licensee.
"Social media accounts" include, but are not limited to, social networking sites, online forums, blogs, and video and content sharing platforms.
"Special instructor" means a civilian who is not employed as a law enforcement officer as defined in this subchapter and is certified by the Commission to teach in a Commission-approved school.
"Subject" means a component of a curriculum dealing with a specific matter.
"Sustained finding" means a determination by an employing law enforcement unit, after affording a law enforcement officer an opportunity to be heard, that a law enforcement officer violated a law; regulation; directive, guideline, policy, or procedure issued by the Attorney General or county prosecutor; agency protocol; standard operating procedure; rule; or training protocol.
"Trainee" means an individual attending a Commission-approved school.
"Unprofessional conduct" means any departure from, or failure to conform to, the minimum standards of acceptable and prevailing practice of a law enforcement officer, including, but not limited to, conduct as set forth at N.J.A.C. 13:1-12.1.
"Vehicle operations senior instructor" means an individual certified by the Commission and appointed by a school director to control and supervise all vehicle operations classes and training blocks of instruction.
N.J. Admin. Code § 13:1-1.1
See: 21 New Jersey Register 695(a), 21 New Jersey Register 1365(a).
In "Appointing authority," "In-service course," and "Police officer," added words to include "corrections officers" and "juvenile detention officers" as personnel.
In "Basic Course," deleted "police" to describe training course.
In "Law enforcement agency," added "corrections authority" and "or penal."
Amended by R.1993 d.325, effective 7/6/1993.
See: 25 New Jersey Register 1336(a), 25 New Jersey Register 2897(a).
Amended by R.1998 d.330, effective 7/6/1998.
See: 30 New Jersey Register 1182(a), 30 New Jersey Register 2506(a).
Deleted "Administrator of Police Services" and "Scholarship recipient"; inserted "Commission Chairman"; rewrote "Appointing authority", "Law enforcement agency" and "Police officer"; in "In-service course", substituted a reference to trainees for a reference to police officers, corrections officers and juvenile detention officers; and in "Institution of higher learning", substituted a reference to the Commission on Higher Education for a reference to the Department of Higher Education.