reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-97 - Certificate for commission

40A:9-97. Certificate for commission
40A:9-97. The taking of the oath of office and the execution of the required bond by a newly elected sheriff shall be certified by a Superior Court judge to the Governor in connection with the issuance of the sheriff's commission.
L.1971, c.200, s.1; amended 1991,c.91,s.401.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-98 - Sheriff not to perform duties of office before giving bond and taking oath; misdemeanor

40A:9-98. Sheriff not to perform duties of office before giving bond and taking oath; misdemeanor
If a sheriff elect shall perform any of the duties of his office before giving bond or taking the oath of office as provided by law, he shall be guilty of a misdemeanor.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-99 - Sheriff may act in certain cases where commission delayed

40A:9-99. Sheriff may act in certain cases where commission delayed
If the receipt by a newly elected or appointed sheriff of his commission is delayed, the said sheriff may nevertheless act as said sheriff for a period not exceeding one month before receiving his said commission.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-100 - Effective date of commission and expiration of term of office

40A:9-100. Effective date of commission and expiration of term of office
The commission of every newly-elected sheriff shall bear date and take effect on January 1, next succeeding his election, or if such date falls upon a Sunday, then on the following day, and the term of his office shall be 3 years.
L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1973, c. 57, s. 2, eff. March 15, 1973.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-101 - Failure of sheriff elect to qualify; effect

40A:9-101. Failure of sheriff elect to qualify; effect
When any newly elected sheriff shall fail to qualify by giving the required bond and taking and subscribing his oath of office within 30 days following his election or within the time fixed by the court as herein provided, his office shall be deemed vacant. The Superior Court, for good cause shown, shall have jurisdiction to extend the time for qualification.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-102 - Vacancy in office, other than by expiration of term

40A:9-102. Vacancy in office, other than by expiration of term
When a vacancy shall occur in the office of sheriff of any county, other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of 3 years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within 37 days next preceding such election, in which case it shall be filled at the second succeeding general election.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-103 - Bond and oath of appointee to fill vacancy

40A:9-103. Bond and oath of appointee to fill vacancy
Every person appointed by the Governor to fill a vacancy in the office of sheriff, before proceeding to execute his office, shall give the bond and take and subscribe the oath in the manner and form prescribed for a sheriff elect.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-104 - Salary of sheriff.

40A:9-104 Salary of sheriff.
40A:9-104. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the sheriff in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court. Nothing in this section shall be construed to require that a sheriff whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a sheriff in excess of the amount provided for herein.
Nothing in this section shall authorize the fixing of the salary of any person holding the office of sheriff at any amount less than that now payable pursuant to law, so long as the said person shall hold such office during the present and any consecutively ensuing term or terms, nor shall anything in this section authorize the payment of any salary for which a range is established in an amount less than the minimum of said range.
The salary of said officer shall be paid by the proper county disbursing officer in the same manner as county officers and employees are paid.
L.1971, c.200, s.1; amended 1973, c.292, s.1; 1974, c.153, s.3; 2001, c.370, s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-105 - Expenses payable to sheriffs

40A:9-105. Expenses payable to sheriffs
The sheriffs shall be entitled to receive in addition to the salaries provided by law, their actual expenses incurred by them personally in performing their duties such as transportation, telephone, telegraph and postal charges, to be paid by the board of chosen freeholders of the respective counties.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-106 - Uncollected fees credited to account of former sheriff

40A:9-106. Uncollected fees credited to account of former sheriff
All uncollected fees due for services rendered or expenses incurred by a deceased, disabled or disqualified sheriff shall be taxed and collected by the acting sheriff, or the newly appointed or elected sheriff and credited to the account of the former sheriff.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-107 - Sheriff to deliver to his successor moneys and papers

40A:9-107. Sheriff to deliver to his successor moneys and papers
When any person shall cease to hold the office of sheriff he shall deliver to his successor all processes, orders, mandates and papers of every kind remaining in his hands unexecuted or unreturned or otherwise outstanding and all moneys held by him as sheriff.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-108 - Sheriff not to hold other civil office; exceptions

40A:9-108 Sheriff not to hold other civil office; exceptions
40A:9-108. No person shall hold any other civil office during the time he holds and exercises the office of sheriff and by acceptance of the latter office his former office shall be deemed vacated, provided, however, that the governing body of any county may, by ordinance or resolution, as appropriate, provide that any person holding and exercising the office of sheriff may simultaneously hold and exercise the office of county emergency management coordinator but shall not receive any compensation or any other benefits otherwise attached to the office of county emergency management coordinator during such time as such person shall hold both such offices.
amended 1979, c.99; 2015, c.90.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-109 - Amercement of sheriff, acting sheriff

40A:9-109. Amercement of sheriff, acting sheriff
If a sheriff or acting sheriff fails to perform any duty imposed upon him by law in respect to writs of execution resulting in loss or damage to the judgment creditor, he shall be subject to amercement in the amount of such loss and damage to and for the use of the judgment creditor. Such amercement may be made by the court having jurisdiction of the judgment and proceedings for the enforcement thereof in an action or proceeding for amercement or in the nature of an amercement brought for the purpose. The court may proceed in a summary manner or otherwise. The delinquent sheriff or acting sheriff shall also be subject to attachment or punishment for contempt.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-110 - Amercement; court to designate enforcement officer

40A:9-110. Amercement; court to designate enforcement officer
When an amercement or judgment or order in the nature of an amercement has been obtained against a sheriff or acting sheriff the court shall designate the officer to enforce such amercement.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-111 - Bonds taken by sheriffs

40A:9-111. Bonds taken by sheriffs
40A:9-111. All bonds required by law to be taken by the sheriff shall be recorded in the office of the county clerk in a book to be provided for that purpose, and upon being so recorded, shall have the force and effect of a recognizance. A copy of the bond duly certified by the county clerk shall be evidential in any court and have the same effect as if the original bond were produced and proven. Where the condition of any such bond shall have been fully complied with, the sheriff shall execute a warrant to cancel the bond and the record thereof. Any such bond may be cancelled and discharged by such warrant or by the Superior Court and a notation of said discharge shall be entered in the said book.
L.1971, c.200, s.1; amended 1991,c.91,s.402.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-113 - Acting sheriff or newly appointed or elected sheriff to execute uncompleted writs and processes

40A:9-113. Acting sheriff or newly appointed or elected sheriff to execute uncompleted writs and processes
All writs and processes remaining unexecuted which were in the hands of a sheriff at the time of his death, disability or disqualification, shall be executed or the execution thereof completed by the acting sheriff, if there be one, otherwise the newly appointed or elected sheriff.
All advertisements of sales of real and personal property shall be continued and adjournments of such sales may be made, of which all persons shall take notice without any other than the usual notice required by law for such advertisements, adjournments and sales. Said advertisements, adjournments and sales shall be made by the acting sheriff, if there be one, otherwise the newly appointed or elected sheriff as though the writs and processes had been directed and delivered to such acting sheriff or newly appointed or elected sheriff.
The acting sheriff or newly appointed or elected sheriff shall be entitled to the same fees for his services and be liable to all the penalties and consequences of law for neglect of duty, as if the writs and processes had been originally directed and delivered to him.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-114 - Exercise of office pending new appointment or election

40A:9-114. Exercise of office pending new appointment or election
In any case of vacancy in the office of sheriff, the undersheriff, or if there be more than one undersheriff, the undersheriff who shall have been designated as acting sheriff shall act as sheriff and perform the duties of that office in the county until a new sheriff is appointed or elected and duly qualified.
In each county in which there is more than one undersheriff the sheriff shall designate annually one of the undersheriffs to be acting sheriff, by written designation filed with the county clerk, which designation may be revoked and a new designation made in similar manner. When the new sheriff shall be appointed or elected and duly qualified, the powers and duties of the undersheriff as acting sheriff shall cease.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-115 - Undersheriffs; appointments; oaths

40A:9-115. Undersheriffs; appointments; oaths
40A:9-115. The appointment of an undersheriff shall be by writing under the hand and seal of the sheriff. Every undersheriff, before he assumes his office, shall take and subscribe before a judge of the Superior Court, an oath that he will well and faithfully, impartially and justly execute the office of undersheriff, according to the best of his ability and judgment. His appointment, with the certificate of his oath indorsed thereon and attested by the judge, shall be filed in the office of the county clerk. Nothing in this section shall prevent the sheriff at his pleasure from removing an undersheriff.
L.1971, c.200, s.1; amended 1991,c.91,s.403.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-116 - Limitations on number of undersheriffs

40A:9-116. Limitations on number of undersheriffs
Except as hereinafter provided, in all counties the sheriff may appoint not more than three undersheriffs. In counties in which the sheriff assumes the custody, keeping and charge of the county jail or jails and all prisoners therein, as provided by R.S.30:8-17, the sheriff may appoint one additional undersheriff. All such undersheriffs shall hold office during the pleasure of the sheriff making the appointment, or his successor. The undersheriffs shall be included in the unclassified service of the civil service.
L.1971, c.200, s.1; amended 1984,c.211; 1991,c.330.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117 - Undersheriffs, chief clerks and other personnel; compensation

40A:9-117. Undersheriffs, chief clerks and other personnel; compensation
The sheriff shall select and employ the necessary deputies, chief clerks and other personnel. The sheriff shall fix the compensation they shall receive in accordance with the generally accepted county salary ranges and within the confines of the sheriff's budget allocation set by the governing body. The annual compensation of the undersheriff shall not exceed 90% of the annual compensation of the sheriff. The compensation of the personnel in the office of sheriff shall be paid at the same time and in the same manner as the county officers and employees are paid. The limitations of the salaries set herein shall not be construed to restrict any of said employees from participating in or benefiting from any cost of living bonus or longevity program provided for or established in the county.
L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1981, c. 375, s. 1, eff. Dec. 31, 1981; L.1984, c. 35, s. 1, eff. April 19, 1984.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117a - Sheriff's investigators

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117b - Appointment, transfer of certain law enforcement officers permitted.

40A:9-117b Appointment, transfer of certain law enforcement officers permitted.
1. a. For the purposes of P.L.1985, c.439 (C.40A:14-146.8 et seq.), a county sheriff of a county that has established a county police department or force shall be entitled to act as a local unit, as defined in that act, and appoint Class Two special law enforcement officers for the purposes set forth in subsection b. of this section.
b. Class Two special law enforcement officers appointed pursuant to subsection a. of this section may be authorized to perform court security duties for the Superior Court when deemed appropriate by the Assignment Judge of the county. Class Two officers appointed pursuant to this section shall be subject to the same requirements, rules, and regulations established by the Assignment Judge of the county for sheriff's officers performing court security within the Superior Court's facilities in that county. The particular court security duty assignments of Class Two officers appointed pursuant to this section shall be determined by the sheriff with the approval of the Assignment Judge of the county. The utilization of Class Two officers appointed pursuant to this section, and the court security assignments they are authorized to perform, shall be incorporated into the local court security plan as approved by the Assignment Judge of the county. The provisions of this subsection shall not be construed to alter or abrogate in any manner either the sheriff's responsibilities or the authority of the Assignment Judge under subsection d. of N.J.S.2B:6-1.
L.2013, c.21, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.1 - Retirement upon pension; certain sheriff's secretaries

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.2 - Appointment of unpaid deputy sheriffs.

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.3 - Deputy sheriffs; rights, privileges and immunities

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.4 - Deputy sheriffs; identification and badges

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.5 - Chief warrant officer

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.5a - Inapplicability of act to tenure attained prior to effective date

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.6 - Sheriff's officers; appointment; duties

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.6a - Applicability of "45-day" rule for violation of internal rules to sheriff's officers.

40A:9-117.6a Applicability of "45-day" rule for violation of internal rules to sheriff's officers.
2. A person shall not be removed from employment or a position as a sheriff's officer, or suspended, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the sheriff's department unless a complaint charging a violation of those rules and regulations is filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. A failure to comply with this section shall require a dismissal of the complaint. The 45-day time limit shall not apply if an investigation of a sheriff's officer for a violation of the internal rules and regulations of the sheriff's department is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State; the 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement in this section for the filing of a complaint against a sheriff's officer shall not apply to a filing of a complaint by a private individual.
L.2006, c.54, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.7 - Person appointed to perform duties listed in s. 40A:9-117.6 as sheriff's officer

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.8 - Court attendants; application for appointment as sheriff's officer

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.9 - Seniority; inclusion of permanent time in grade in former titles; reclassification of provisional civil service status

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.10 - Duties, benefits and powers; compensation

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.11 - Decrease of compensation on appointment; prohibition

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.12 - Person over 35 appointed as sheriff's officer; continuance as member of retirement system

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.14 - Sheriff's officers; eligibility for permanent appointment without civil service open competitive examination

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.15 - Sheriff's officer chief; creation of position permitted

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.16 - Candidates for sheriff's officer chief; requirements

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-117.19 - Continuation of position of sheriff's officer chief, reappointment

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-118 - Compensation of criminal identification bureau personnel

40A:9-118. Compensation of criminal identification bureau personnel
In counties having criminal identification bureaus in the office of the sheriffs of said counties, the board of chosen freeholders, by resolution, shall provide for the appointment and duties of the personnel of said bureau which may include according to the determination of the said board, supervisors, chief identification officer, deputy chief identification officers, identification officers, identification clerks and junior identification clerks. The board of chosen freeholders of said counties, by resolution, and upon recommendation of the sheriff shall adopt a schedule of minimum and maximum annual salaries for said personnel and provide for the payment of said salaries in semimonthly installments by the county treasurer or in the same manner as other county employees are paid. Annual increases or increments in their compensation may be provided for.
Nothing contained herein shall be deemed to reduce the amount of any salaries being presently paid to the personnel of the criminal identification bureaus in said counties.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-119 - Status of criminal identification bureau personnel

40A:9-119. Status of criminal identification bureau personnel
Identification clerks having served 5 years as such, shall be classified as identification officers and upon reaching such status shall receive the salaries of identification officers starting with the minimum annual salary for said identification officers.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-119.1 - Field representative of narcotic education; permanent appointment with competitive examination

40A:9-119.1. Field representative of narcotic education; permanent appointment with competitive examination
Any person who has held on a temporary basis the position of field representative of narcotic education in the office of the sheriff of a county of the first class, and who has been employed in the sheriff's office for no less than 14 years and who has at least 14 years of service with municipal government shall be eligible for appointment as field representative of narcotic education on a permanent basis without having to take a civil service open competitive examination.
L.1972, c. 90, s. 1, eff. July 10, 1972.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-119.2 - Director of bureau of narcotics; appointment

40A:9-119.2. Director of bureau of narcotics; appointment
The sheriff of any county may appoint any person who, at the time of his appointment, has: a. served for 10 years or more as a law enforcement official, three years of which shall have been in a supervisory position that included responsibilities for narcotic investigation or control activities; and b. has been certified by the Police Training Commission as having completed a police training course at an approved police training school, pursuant to P.L. 1961, c. 56 (C. 52:17B-66 et seq.), as director of the bureau of narcotics, to serve for a term of one year without having to take a civil service examination. The director of the bureau of narcotics shall have full police officer status, as is granted to other sheriff's officers.
L.1984, c. 167, s. 1, eff. Oct. 18, 1984.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-120 - Constables; appointment

40A:9-120. Constables; appointment
The governing body of any municipality, by resolution, may appoint not less than 2 nor more than 50 constables. To be eligible the persons to be appointed constables shall be residents and qualified voters of the municipality for at least 3 years prior to their appointment. Constables may exercise their functions and perform their duties anywhere in the county wherein the appointing municipality is located.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-121 - Constables; terms of office

40A:9-121. Constables; terms of office
Every constable shall qualify within 30 days of the appointment and shall hold office for a term of 3 years unless the governing body by its resolution of appointment shall fix a one-year term.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-122 - Annual charges payable by constables; badges

40A:9-122. Annual charges payable by constables; badges
The governing body of any municipality, by resolution, may provide for an annual charge for the privilege of holding the office, to be paid by each constable in an amount not exceeding $50.00. The municipality shall supply each constable with a badge suitably inscribed, to be returned at the expiration of the constable's term.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-123 - Constables; vacancy

40A:9-123. Constables; vacancy
Vacancies in the office of constable other than by expiration of term resulting from death, resignation, or otherwise may be filled for the unexpired term by the governing body of the municipality within which the vacancy occurs.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-124 - Constable's oath

40A:9-124. Constable's oath
Every person appointed as a constable, before entering upon the duties of his office, shall take, subscribe and file with the municipal clerk the following oath:
"I, , constable of the county of do solemnly swear (or affirm) to (insert name of county) support the Constitution of this State and of the United States and to perform the duties of my office as constable, faithfully, impartially and justly to the best of my ability."
The oath may be administered by the municipal clerk or by any person authorized by law to administer oaths.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-125 - Constable's bond

40A:9-125. Constable's bond
Every person appointed as a constable, before entering upon the execution of his office, shall give bond in such form and amount as the governing body shall prescribe with sufficient surety to be approved by said governing body.
The bond shall be filed in the office of the municipal clerk.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-126 - Actions on constable's bond

40A:9-126. Actions on constable's bond
40A:9-126. Actions on a constable's bond may be prosecuted in the Superior Court in like manner as in the case of actions on a sheriff's bond. Applications incidental to such actions may be made to the Superior Court in similar manner as in the case of applications incidental to actions and proceedings on official bonds as provided in Title 2A of the New Jersey Statutes. In any such action or proceeding any party in interest shall be entitled on demand to a jury trial. In any such action or proceeding a municipality shall not be liable for costs unless otherwise provided by the rules of the court.
If any person shall sustain loss by the neglect or default of any constable in the discharge of his official duties such person shall have an action in his own right upon the constable's bond.
L.1971, c.200, s.1; amended 1991,c.91,s.404.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-126.1 - Constable's reports

40A:9-126.1. Constable's reports
Every constable shall on or before the first Wednesday following the first Monday of every month file with the governing body by whom he was elected or appointed, a report of his official activities, other than in connection with court or judicial proceedings, for the month immediately past. The governing body shall forward a copy of the report to the municipal chief of police.
The report shall list the names and addresses of all persons contacted by the constable in his official capacity, together with the date, time and purpose of the contact. In addition the report shall contain an accurate statement of all fees collected by the constable and from whom and for what service each fee was collected.
The failure by a constable to file such a report, for 2 consecutive months, unless he was prevented from so doing by reason of his physical incapacity, shall result in his office being deemed vacant and he shall be barred from exercising the rights and privileges thereof.
Any constable who falsifies such a report shall be guilty of a misdemeanor.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-127 - Actions for money payable to or by constables; jurisdiction

40A:9-127. Actions for money payable to or by constables; jurisdiction
40A:9-127. The Superior Court shall have jurisdiction over actions or proceedings involving money payable to or by a constable and may make appropriate orders and judgments, in a summary manner, in the case of absconding, insolvent, incapacitated or deceased constables.
L.1971, c.200, s.1; amended 1991,c.91,s.405.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-128.1 - County not to issue badge to elected official which may be mistaken for law enforcement badge.

40A:9-128.1 County not to issue badge to elected official which may be mistaken for law enforcement badge.
3. a. Notwithstanding any provision of law to the contrary, a county shall not issue a law enforcement badge or a badge that may be mistaken as a law enforcement badge to any county elected official who is not elected as a law enforcement officer.
b. As used in this section, "law enforcement officer" means a person who is empowered to act for the detection, apprehension, arrest, conviction, detention, or rehabilitation of persons in violation of the law.
L.2019, c.221, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-129 - Officials; facsimile of signatures; seal; statement of terms of office to be filed with Secretary of State

40A:9-129. Officials; facsimile of signatures; seal; statement of terms of office to be filed with Secretary of State
In every municipality, the mayor or other chief executive and the clerk, upon taking office, shall each file with the Secretary of State a facsimile of his signature and in addition the clerk shall furnish an impression of the municipal seal and a statement of their terms of office, showing the commencement and expiration dates.
The Secretary of State shall cause to be printed the necessary blank forms and forward them to the aforesaid officials. The completed forms when filed shall be public records.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-130 - Mayor; term; town certain, mayor, council terms

40A:9-130. Mayor; term; town certain, mayor, council terms
40A:9-130. a. In every municipality, unless otherwise provided by law and except as provided under subsection b. of this section, the term of office for the mayor shall be 4 years.
b. In every town operating under a special charter with a population of at least 28,000 but not more than 35,000, according to the most recent federal decennial census, the term of office for the mayor and the members of council shall be 4 years, notwithstanding any different term of office specified in the special charter.
L.1971, c.200, s.1; amended 2001, c.118, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-131 - Acting mayor

40A:9-131. Acting mayor
In every municipality, unless otherwise provided by law, if a vacancy occurs in the office of mayor, by reason of death, resignation or otherwise, the presiding officer of the governing body shall become the acting mayor until a successor is elected and qualified.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-132 - Mayor to vote in certain cases

40A:9-132. Mayor to vote in certain cases
In every municipality, unless otherwise provided by law, if the governing body shall fail (a) to organize and elect a president or chairman at its annual meeting held for such purpose, (b) to fill any vacancy in office or position, (c) to adopt any resolution or ordinance or (d) to take any other action whatsoever, by reason of a tie or insufficient vote among the members, the mayor shall vote in aid of said organization, the election of candidates, appointments of officers or others, adoption of resolutions or ordinances or the taking of any other action.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-133.1 - Municipal clerks, appointment, continuation, tenure

40A:9-133.1. Municipal clerks, appointment, continuation, tenure
1. a. The provisions of any other law to the contrary notwithstanding, commencing on the effective date of P.L.1981, c.394, all municipal clerks shall hold office by virtue of appointment pursuant to the provisions of N.J.S. 40A:9-133, except as otherwise provided in this section.
b. All municipal clerks holding office on the effective date of P.L.1981, c.394 shall continue in office until their successors are appointed in the manner provided by N.J.S. 40A:9-133.
c. Nothing contained in P.L.1981, c.394 or in any other statute shall prevent any municipal clerk who, upon the effective date of P.L.1981, c.394, holds office by virtue of election thereto, from acquiring tenure upon being appointed thereto after the effective date of P.L.1981, c.394, if the clerk otherwise qualifies for tenure pursuant to N.J.S.40A:9-134.
L.1981,c.394,s.1; amended 1997, c.279, s.2.