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Police officers may choose their profession for numerous idealist reasons, i.e., protect people from harm, facilitate order, and upholding the law. One thing that did not motivate them in choosing this profession was the prospect of being treated as human cash registers and money generating machines for financially strapped municipalities and public entities.

Yet, too often, police officers are seen and utilized as a free fund-raising opportunity by towns who are cash-strapped. Accordingly, some public entities had a business practice of requiring Law Enforcement Officers to issue numerous citations, to write “ticket quotas” in order to raise town and other public entity revenues. Not only is this practice demoralizing to many officers, it is also illegal and inconsistent with the guidelines governing the “Internal Affairs Policy and Procedures” of the Police Management Manual promulgated by the Division of Criminal Justice in the Department of Law and Public Safety.

The statute, N.J. Stat. § 40A:14-181.2, (a), (b), and (c) prohibits three categories of practices regarding the issuance of police citations and ticket quotas. Mandatory ticket quotas are strictly prohibited and there is a defined limited use of statistics.

The first prohibition (a): A state, county, or municipal police department or force engaged or any local ordinance adopted pursuant to this title shall not establish any quota for arrests or citations.

The department or force may, however, collect, analyze, and apply information concerning the number of arrests and citations in order to ensure that a particular officer or group of officers does not violate any applicable legal obligation and for the purpose of forwarding that information to the Superintendent of State Police for inclusion in the Uniform Crime Report.

The second prohibition (b): is that the department or force shall not use the number of arrests or citations issued by a law enforcement officer when evaluating the performance of a law enforcement officer, or as a criterion for promotion, demotion, dismissal, discipline, or the earning of any benefit provided by the department or force.

Note: A department or force can still legally issue an order to focus on certain legal areas and methods of enforcement.

The third prohibition (c): is that department or force shall not post data regarding the number of arrests or citations in any area that is common to all law enforcement officers of the department or force, including a police station or barracks, for the purpose of creating competition between officers with respect to arrests and citations.

• Citation means any summons, ticket, or other official document issued by a police officer for a traffic violation, containing an order which requires the motorist to respond.

• Quota means any requirement, in writing or otherwise, regarding the number of arrests made or the number of citations issued within a defined period of time by a law enforcement officer, or regarding the proportion of the arrests made and citations issued by the law enforcement officer relative to the arrests made and citations issued by another law enforcement officer or group of officers.

If you are a Law Enforcement Officer whose employer took an adverse action against you in your employment because you complained about, or refused to participate in any activity, policy or practice which you reasonably believe violates sections (a), (b) or (c) above, you should contact this office today for a free consultation. You possibly may have a claim under New Jersey’s whistleblower statute, the New Jersey Conscientious Employee Protection Act, N.J.S.A.§ 34:19-1, et seq., “CEPA”. I have represented numerous public employees who suffered illegal employer retaliation for their protected whistleblowing activities and was successful in recovering money for them.

The CEPA statute states, in part, that an employer cannot take any retaliatory action against you, an employee, because you disclosed or threatened to disclose to a supervisor, or objected to or refused to participate in any activity, policy or practice which you reasonably believe is:

1. is in violation of a law, or a rule or regulation promulgated pursuant to law...
2. is fraudulent or criminal..., or
3. is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.

In many instances of discrimination, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed.

I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of illegal retaliation and other discrimination. If you have been demoted, had your hours slashed, or think you are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.