Objective: To amend legislation by removing the “confidential status” from The Criminal Justice Act of 1970, N.J.S.A. 52:17B-100 et seq. which directly affects the criminal law enforcement officers (State Investigators) working for the Department of Law & Public Safety, Division of Criminal Justice.

• State Investigators for Division of Criminal Justice (DCJ) are full time, duly sworn, criminal law enforcement officers for the State of New Jersey. The Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., grants State Investigators all the powers and rights of a police officer and subjects State Investigators to all the obligations of a police officer. State investigators have the power of arrest, execute search warrants, serve subpoenas, conduct wire taps, carry weapons and exercise the full power of this office every day. However, State investigators have been denied all the rights afforded to every other police officer, State trooper and County detective working in this State.

• DCJ State Investigators are employees of the State who are currently part of the “Unclassified Civil Service” and deemed “Confidential employees” for the purpose of the New Jersey Employer-Employee Relations Act N.J.S.A. 34:13A-1 et seq). The Criminal Justice Act of 1970 (N.J.S.A. 52:17B-97 et seq.), established the position of State Investigator (SI), as passed by the Legislature, correctly determined that DCJ, as the lead law enforcement agency for the State, would have to be a flexible entity to combat crime. Accordingly, the Attorney General is authorized to “appoint … suitable persons to serve as State investigators”. N.J.S.A. 52:17B-100.1. Section 100(b), which was adopted in 1981, placed State Investigators into the status of the unclassified civil service and deemed them “confidential employee”.

• The traditional definition of a “confidential employee” (N.J.S.A. 34:13A-3(g)) means employees whose functional responsibilities or knowledge in connection ...with collective negotiations would make their membership in any … negotiating unit incompatible with their official duties.

• State Investigators at DCJ do not, in any way, shape or form, meet this traditional definition. State Investigators at DCJ do not have functional responsibilities that would be incompatible with their official duties and their ability to collectively bargain. State Investigators do not possess or have access to ‘insider’ knowledge of the collective negotiation process that would make their membership in a negotiating unit incompatible with their official duties as criminal law enforcement officers. Yet, State Investigators are prohibited from forming a collective bargaining unit as a result of a April 1996 Appellate Court ruling. In essence, the Appellate Court held that the legislature changed the definition of confidential employee to include DCJ State investigators; even though they do not have the functional responsibility or knowledge that would put them in conflict with collective negotiation.

• State Investigators only seek parity with their law enforcement colleagues. In a recent comparison of salaries between the 21 county prosecutor’s offices and DCJ, the Division’s investigators placed 14th out of 21. When a similar study was done in the late 1980's / early 1990's DCJ ranked in the top echelon; easily within the top 4 or 5. This rapid decline can be attributed to one significant event. In 1994, the executive management of DCJ made a unilateral decision to move State investigators to a new experimental merit pay system. Investigators were powerless to fight this change. Investigators were removed from the traditional step system, wherein annual increments, COLAs and promotions to the next pay grade were the norm. For a period of four (4) years (1994 to 1998), State investigators received no pay increases. Zero. Nothing. No steps across the pay scale. No cost of living adjustments. No promotions. No additional money at all. This was the beginning of the salary compression at DCJ. Meanwhile, our colleagues at the various counties and in the State Police, all of whom have collective bargaining rights and are represented by bargaining units leaped past DCJ State investigators. The salary for a top grade DCJ State investigator (SI 1) used to be comparable to a sergeant in N.J. State Police. Now an SI 1 does not meet the maxed out salary of a regular State Trooper. These other law enforcement officers have collective bargaining rights and recognized bargaining units that helped define a career path for their members. DCJ State investigators have been denied this right and, consequently, DCJ State investigators lack a defined career path.

• DCJ investigates and prosecutes cases that are usually on par with, if not in direct competition with the cases handled by the FBI, DEA and other federal agencies. The Division cannot remain competitive with these dedicated competent professional law enforcement agencies if DCJ continues to lose trained and experienced investigators. Over the past 5 years, DCJ has hired, trained and lost over 50 experienced investigators to other agencies. If you look back to 1994, DCJ has probably lost more than 100. At any given time DCJ has only approximately 270 criminal investigators. Of those who left DCJ, most have moved to a county prosecutor’s office, some went to the State Police, some went to federal law enforcement jobs and a few moved to municipal police jobs. Of those who left, almost all stated it was the issue of salary compression and lack of a defined career path. Some who left actually took an initial pay cut to go to another law enforcement agency, but did so knowing they will make up the initial deficit after a few years of work. This allows them to plan for their own personal future. To plan things like buying a house and starting a family.

• DCJ’s mission involves undertaking some of the most complex criminal matters the State faces and DCJ investigators are highly qualified individuals. All State investigators hold college degrees. The ranks of the DCJ State investigators are filled with those possessing advanced degrees and professional certifications. Many have masters degrees, MBAs, PhDs, J.D.s, CPAs and other specialized technical certifications. State investigators run the Regional Medical Examiner’s Office. State investigators have been called upon to fill in as acting chief investigators for various counties. State investigators work on the Attorney General’s Shooting Response Team. State investigators man federal task forces. They work for the Office of Counter Terrorism. In order to maintain an effective law enforcement staff for the citizens of this State, DCJ must evolve into a “career” law enforcement agency. That is to say, when investigators are hired and trained by DCJ it should be expected of them to complete their career with the Division. (25 years of service at DCJ).

• The Division’s high turn over rate is an inefficient use of the State’s resources. A newly hired investigator receives 21 weeks of police training at the DCJ Academy in Sea Girt, NJ. In addition, a newly graduated SI receives 12 weeks of Field Training Officer (FTO) training. The estimated cost of this 33 week program easily exceeds $100,000 before they are given a case to investigate. When investigators leave, the Division is without a replacement for an indeterminate time. Given the salary compression and lack of career path, DCJ is unable to recruit trained law enforcement officers/detectives to fill the ranks.There was a point in time, the late 1980's and early 1990's, when DCJ was paying top dollar, DCJ was attracting highly qualified trained, experienced investigators and hiring federal agents from the FBI, IRS, and Secret Service. County investigators wanted to come to DCJ. There was fierce competition to get into DCJ. Sadly, today, the converse is the norm. DCJ needs to reverse this trend.

• Removing the confidential status from the SI’s title will not hinder the Attorney General’s ability to appoint those individuals “as are necessary to assist in the detection, apprehension, arrest and conviction of offenders against the law” as proscribed by N.J.S.A. 52:17B-100.1. DCJ was designed by the Legislature to be the State’s premier law enforcement agency. DCJ serves as the agency of last resort. When no one else can get it done they turn to DCJ. When it is complex or multi-jurisdictional, they turn to DCJ. It is therefore, imperative for the Division to attract and retain the best and brightest law enforcement officers. We believe, by removing the confidential status from the law establishing the position of State investigators, the Attorney General will be able to attract and retain the best and brightest investigators.

• The lack of a collective bargaining unit keeps DCJ investigators from receiving protections afforded to county investigators.   Last legislative term, S1558 was signed into law by Governor James E. McGreevey. The bill was designed to help protect investigators in county prosecutor’s offices from facing removal for political purpose. County prosecutor investigators are employees who have collective bargaining rights. Governor McGreevey stated, “Today, I am signing legislation that shields investigators in the county prosecutor’s office from being slighted due to partisan politics and our best and brightest on board,” The Governor continued, “When a prosecutor from a different political party takes office, career law enforcement officers should not fear for their job. It is essential we utilize our most experienced, well-trained personnel.” DCJ investigators were not included in these protections offered by S1558. We later came to learn DCJ investigators were not included because the lobbyists pushing this bill did not represent the interests of DCJ investigators. The State PBA told us that because we do not have a collective bargaining unit looking out for our interest, we would probably not be included in any future legislation offered to protect or better the lives of police officers. So DCJ investigators are caught in a “Catch 22".

• By removing the “confidential status” State investigators will be allowed to file to be represented by a collective bargaining unit. Only then will DCJ State investigators be afforded all the rights given to, and exercised by, every other police officer, State trooper and County investigator working in this State.

• Currently, in the 211th Legislative session, the Assembly has PASSED bill A-885 (76-2), sponsored by Assemblymen Barnes and Diegnan of District 18 in Middlesex County. The Senate version, Bill S-1801 currently resides in the Senate Judicary Committee, sponsored by Senators Madden and Rice and Co-Sponsored by Senators Buono and Cardinale.