New Jersey § 52:17b-77

§ 52:17b-77.

a. The chief law enforcement officer of an employing law enforcement unit shall notify

the commission in writing, on a form prescribed by the commission, of a law enforcement

officer's appointment to or employment with the law enforcement unit, which shall

include the commencement date of such appointment or employment. b. The chief law enforcement officer of an employing law enforcement unit shall notify

the commission, in writing, on a form prescribed by the commission, of the following

employment actions concerning a law enforcement officer: (1) the separation from appointment or employment with the law enforcement unit, which

includes any firing, termination, resignation, retirement, or voluntary or involuntary

extended leave of absence, which notice shall include the date of separation; (2) the imposition of any discipline subject to appeal; (3) any suspension of more than five days or 40 hours duration, imposed pending investigation

or disciplinary action; (4) any sustained finding that a law enforcement officer used excessive force; (5) any pending criminal charge or conviction of any crime, disorderly persons, petty

disorderly persons, or driving while intoxicated offense; (6) any sustained finding that a law enforcement officer is unfit for duty; (7) any sustained finding that the law enforcement officer filed a false report or

submitted a false certification in any criminal, administrative, employment, financial,

or insurance matter in the officer's professional or personal life; (8) any sustained finding that the law enforcement officer mishandled or destroyed

evidence; (9) any sustained finding that the law enforcement officer was untruthful or demonstrated

a lack of candor; and (10) any sustained finding that the law enforcement officer is biased against a particular

class of people based on race, creed, color, national origin, ancestry, sex, marital

status, sexual orientation, gender identity or expression, or any other protected

characteristic under the “Law Against Discrimination,” P.L.1945, c. 169 ( C.10:5-1 et seq. ). In addition to the completed form, the employing law enforcement unit shall provide

additional supporting information and documentation as may be required by the commission. The employing law enforcement unit shall maintain the original form and submit,

or electronically transmit, the information required under this subsection to the

commission within two business days of the employment action. Notwithstanding any other provision of law, the completed forms and information

submitted to the commission pursuant to this section shall not, by virtue of having

been required pursuant to this section, constitute a public record under P.L.1963,

c. 73 ( C.47:1A-1 et seq. ) or a government record subject to access pursuant to P.L.2001, c. 404 ( C.47:1A-5 et seq. ), but shall be accessible when otherwise required to be disclosed by law. c. In a case of separation from employment, the employing law enforcement unit shall

execute and maintain a form adopted by the commission, setting forth in detail the

facts and reasons for the separation. The information contained in the form shall be submitted, or electronically transmitted,

to the commission within two business days. If the officer is separated for the officer's failure to comply with the provisions

of P.L.2022, c. 65 ( C.52:17B-71a et al.), the notice shall specify this. Any law enforcement officer who has separated from employment for cause shall be

permitted to respond to the separation, in writing, to the commission, setting forth

the facts and reasons for the separation as the officer understands them. The response shall be submitted to the commission within two business days of the

separation. d. Before employing a licensed law enforcement officer, a subsequent employing law

enforcement unit shall contact the commission to inquire as to the facts and reasons

an officer was separated from any previous employing unit. The commission shall, upon request and without prejudice, provide to the subsequent

employing law enforcement unit all information that is required under subsections

a., b., and c. of this section that is in its possession. Notwithstanding this provision, a law enforcement unit seeking to hire a law enforcement

officer shall comply with the provisions of section 1 of P.L.2020, c. 52 ( C.52:17B-247 ) and request that officer's internal affairs and personnel files from the officer's

previous employing law enforcement units. e. Whenever a law enforcement officer voluntarily separates from employment with a

law enforcement unit to commence employment at another unit, the chief law enforcement

officer of the former law enforcement unit shall notify the commission in writing

in advance, if possible, but no later than two business days after the officer's departure. Upon separation from employment, the law enforcement officer's license shall be

placed on inactive status, unless the commission has previously acted to approve the

officer's active status at the new employing law enforcement unit. The chief law enforcement officer of that unit shall make application to the commission,

in a manner prescribed by the commission, through its regulations, prior to or within

two business days of the officer's appointment date to restore the officer's license

to active status. The commission shall consider the application and render a decision concerning the

reactivation of the officer's license. f. It shall be unlawful for any State, county, or municipal agency, law enforcement

unit, or licensed law enforcement officer to enter into any non-disclosure agreement

which seeks to conceal or prevent public review of the circumstances under which the

officer separated from or was terminated or fired from employment by the law enforcement

unit or State, county, or municipal agency.