As reported by NJ.com, all police officers in New Jersey are now subject to random drug-testing under a directive from the State’s new Attorney General. Police Departments are also required to implement “early warning systems” triggered by problem behavior such as misconduct accusations, lawsuits, domestic abuse and drunken driving under a separate directive announced by Attorney General Gurbir Grewal’s office.

Grewal said that most police departments and county prosecutors already have such policies in place. The two new directives would mandate them statewide. “We support our officers in their difficult jobs, and at times that means intervening with a troubled officer to protect the public, the individual officer, and his or her fellow officers,” he said in a statement announcing the move.

Under the new rules, every state, county, and local law enforcement agency is required to conduct one random drug screening in 2018 and perform such tests twice a year going forward. Departments are required to report any failed tests, or officers who refuse a test, as well as any resulting discipline to the county prosecutor or other supervising agency.

Additionally, the early warning system requirement spells out 15 “performance indicators” that would flag an officer for possible review if any three of them occur in a given year. The indicators include internal affairs complaints, lawsuits, criminal investigations targeting the officer, excessive force, domestic violence, drunken driving, sexual harassment and performance issues including insubordination and neglect o duty, amongst others. To this end, departments are required to create tracking systems that would flag potential problem officers for review and provide written notification to an oversight agency.

The new policies are the second major police accountability effort undertaken by the office during Grewal’s first few months on the job. Last month, the Attorney General announced a new policy requiring the release of videos from police shootings in most cases, a reversal for his office, which has long held such videos should be kept from public view.

The requirement that all NJ police officers are now subject to random drug testing is something all officers must be aware of going forward. Although most agencies and/or departments already have a random drug testing policy in place, the same are now required statewide. Moreover, all officers must be mindful of “performance indicators” as they pertain to the implementation of “early warning systems” as well. As you can expect, several of these “performance indicators” do not correlate with substance abuse and/or troubled behavior by a law enforcement officer in any meaningful way. As such, we suspect several issues will arise amongst departments and collective negotiations units in the future as to whether the presence of these “performance indicators” truly justify any actions taken in relation thereto.

Please continue to check this blog periodically to ascertain important updates affecting all New Jersey Public Safety Officers.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.