Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police

Further, the responsibilities of the Superintendent are expanded to include the submission of annual reports to the Legislature detailing the inter- and intra-governmental activities of the State police in the most recent fiscal year. The Superintendent shall not be required to include in the report information that is privileged or confidential. The reports shall include:

*Information detailing any special requests from the Executive and the Legislature for services of the State police beyond traditional services provided by the state police;

*Any additional information provided by the State police to the Governor, his or her staff and the Legislature beyond the traditional reporting requirements of the State police and for what purposes, which would be provided at the discretion of the Superintendent;

*Any special disciplinary actions taken by the Superintendent regarding inter or intra governmental affairs involving State Police personnel based upon special requests made to the State Police by the Executive, the Legislature and the any other public or quasi public entity;

* Requests for information of any kind other than the traditional information provided by the State Police from any Executive branch, Legislative branch, public authority or local government entities;

* The report shall include a certification signed by both the superintendent and the Administrator of the state police Executive Service unit attesting that the information provided is true to the best of his or her knowledge. If such certification is found to be false, untrue or fraudulent, the superintendent may be subject to removal by the Legislature.

The Senate Majority Leader and Assembly Speaker shall call for the superintendent to testify every two years to review the personnel and administrative activities of the State police along with future plans and initiatives of the agency. The bill would also require a two year rotation of every civilian and sworn officer assigned to the state police Executive Service Unit or any State police unit involved in security and/or protection of elected and/or public officials.

Justification

A string of scandals involving the superintendent of the State police and elected state officials has exposed how this law enforcement agency is prone to dangerous levels of political influence. Such meddling between politics and policing, whether perceived or actual, undermines public confidence. Therefore it is imperative steps are taken to shield the State police from political influences and to ensure it is not swayed by them.

To achieve these goals, this legislation would make the appointment of the superintendent of the State police similar to that of the Director of the Federal Bureau of Investigations, as outlined in the U.S. Omnibus Crime Control and Safe Streets Act of 1968 and the Crime Control Act of 1976. under this legislation, the superintendent would no longer serve at the will of the Governor and instead be tenured to a single seven year term; thus limiting lawmakers' ability to intimidate the Superintendent into engaging in activities that violate the rules of conduct for the State police.

To ensure the State police has not acted in response to or for the sake of political motives, the Superintendent shall be required to brief the Legislature on the inter- and intra-governmental activities of the agency in annual reports and at biennial hearings.

Fiscal impacts

None. The existing staff will be expected to compile the annual reports required by this bill.

Effective date

This act shall take effect on the first January next succeeding the date upon which it shall have become a law.