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Borough of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
Code
New Laws (8) Index
[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1999 by Ord. No. 1999-10 (Ch. 13 of the 1975 Code)]
[Amended 10-16-2017 by Ord. No. 2017-8]
This section recognizes the organization and existence of the Police Department in accordance with N.J.S.A. 40A:14-114 et seq., as a department of Borough government to be known and designated as the "Police Department of the Borough of Pemberton."
[Added 10-16-2017 by Ord. No. 2017-8]
There are hereby established the positions of Chief of Police, Sergeant, and no more than eight full-time and/or part-time Patrol Officers. The creation of additional positions may be done only through amendment to this section.
[Added 10-16-2017 by Ord. No. 2017-8]
A police station, which shall constitute the headquarters of the Police Department, shall be located in the Borough Hall, and shall be provided with such equipment and facilities as shall be determined by the Borough Council. The headquarters shall be open for police business, with consideration to the convenience of the public, at such times, including Sundays and holidays, as the needs of the Borough, as determined by the Chief of Police with the consent of the Borough Administrator, may require.
[Added 10-16-2017 by Ord. No. 2017-8]
The uniforms of the officers and members of the Police Department shall be of regulation pattern, as approved by the Borough Council, and must be worn on all occasions when on duty, unless otherwise authorized by the Police Commissioner. Any officer or member, upon ceasing to be such officer or member, shall immediately surrender to the Borough Administrator any Borough property in his or her possession.
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute violators of the laws of the State of New Jersey and the ordinances of the Borough of Pemberton; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.
[Amended 10-16-2017 by Ord. No. 2017-8]
The Chief of Police shall be the head of the Police Department. The Chief of Police shall be responsible to the Police Commissioner for the efficiency and day-to-day operations of the Police Department, and pursuant to policies established by the Police Commissioner, shall:
A. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its officers and members;
B. 
Have, exercise, and discharge functions, powers and duties of the Police Department;
C. 
Prescribe the duties and assignments of all members and officers;
D. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's control, including the delegation of responsibilities in the Chief's absence;
E. 
Report at least monthly to the Police Commissioner in such form as shall be prescribed by the Police Commissioner on the operation of the force during the preceding month, and make such other reports as may be requested by the Police Commissioner;
F. 
Investigate, or cause to be investigated, the conduct of any officer or member of the Police Department or its personnel, and recommend for suspension or discharge any officer of member of the Police Department after following appropriate procedures;
G. 
Study, recommend, implement and enforce administrative procedures and policies within the Police Department.
H. 
Study, recommend, implement and enforce programs and plans for the education and training of police officers and personnel affiliated with the Police Department.
I. 
Recommend, with the consent of the Borough Administrator and Police Commissioner, eligible candidates for employment in the Police Department, and members and officers for promotion.
[Amended 10-16-2017 by Ord. No. 2017-8]
A. 
The Mayor shall appoint, at the annual organization meeting, with the advice and consent of the Borough Council, a member of the Borough Council to serve for one year as Police Commissioner. Except as otherwise provided in N.J.S.A. 40A:14-118, in all matters relating to the police function, the Mayor, Borough Council and individual members thereof shall act through the Police Commissioner who shall serve as a liaison between the Borough Council, Mayor and the Police Department. The Police Commissioner shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members. The Chief of Police shall be directly responsible to the Police Commissioner for the efficiency and routine day-to-day operations of the Police Department. Nothing herein shall be construed to limit the authority of the Chief of Police to issue, adopt, revoke and amend orders and procedures for the administration of the Police Department which do not constitute general rules and regulations.
B. 
The rules and regulations promulgated by the Police Commissioner shall be adopted by the Borough Council by resolution adopting the same which may be amended as circumstances may require. A copy of the rules and regulations shall be kept in the Borough Clerk's office.
[Amended 10-16-2017 by Ord. No. 2017-8]
A. 
No person shall be appointed Chief of Police, Sergeant, or police officer unless he or she shall first make written application to the Borough Council for such appointment. Except for the application for the position of Chief of Police, every such application shall be in the form approved by the Borough Council, shall be signed and sworn by the applicant and shall be filed with the Chief of Police who shall present it to the Police Commissioner for review and recommendation to the Borough Council. No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. An applicant for an appointment shall successfully complete physical, mental and psychological examinations.
B. 
An application for the position of Chief of Police shall be filed with the Borough Clerk who shall present it to the Mayor and Police Commissioner for review and recommendation to the Borough Council.
[Added 10-16-2017 by Ord. No. 2017-8[1]]
A. 
Eligibility. Promotion to the rank of Sergeant shall be made from the membership of the Police Department. Due consideration shall be given to the member's length and merit of service, including his or her prior employment history in other police departments, and preference shall be given according to seniority in service; however, no member shall be eligible for promotion who has received major discipline. No candidate shall be eligible for promotion who has not served as a Patrol Officer in the Police Department for at least three years. Additionally, a candidate for promotion must have obtained an Associate's Degree (or sixty-four-credit equivalent) and submit an official college transcript or diploma. The Police Commissioner may waive one or both of these requirements and shall provide the Borough Council with an explanation for the granting of any waiver.
B. 
Background investigation. A review of a candidate's personnel, training and background investigation files will be conducted, including all prior police employment.
C. 
Promotional examination process. The Chief of Police shall request permission from the Police Commissioner to hold a promotional examination process. Once approved, the Chief of Police shall provide written notice of the exam to all personnel. The announcement shall include a recitation of the eligibility and educational requirements. To be eligible to participate a candidate must submit a written request to the Chief of Police prior to the deadline set forth in the announcement. The announcement shall include a description of the promotional process and should indicate to candidates the format, length and duration of any examinations, together with a description of any other portions of the promotional process, any minimum cutoff scores to continue to advance and a numerical weight assigned to each element.
D. 
At least 45 days before the written examination, the Chief of Police shall announce the date, time and location where it will be given. Prior to giving the written examination the Chief of Police shall have obtained authorization from the Borough Council to enter into a contract with the New Jersey State Association of Chiefs of Police, the International Association of Chiefs of Police or other comparable testing entity to develop, conduct and grade the written multiple-choice examination. The Chief of Police may make suggestions to the outside testing agency as to topics and particular questions to be included in the test. The test will be based upon basic police practices and may include police and investigative procedures, supervisory and administrative principles, New Jersey criminal law, report writing, search-and-seizure issues, New Jersey Attorney General guidelines and directives and legal aspects and requirements of police work. The Chief of Police shall provide a written announcement of the reading list or syllabus of possible sources of materials utilized in developing the test in order for candidates to prepare for the written examination. The written examination shall account for 1/3 of a candidate's promotional score.
E. 
The Chief of Police, the Police Commissioner and the Borough Administrator shall review the candidate's personnel, training and background investigation files and grade the same based upon a score of one to 100. The average score shall count for 1/3 of a candidate's promotional score.
F. 
A panel consisting of the Mayor, President of Council, a councilperson to be selected by the President of Council, Chief of Police and a current or retired Chief of Police from another community shall conduct an oral interview of a candidate. Each candidate shall be presented with the same questions or topics, designed to elicit open-ended responses so that the oral interview panel can determine the candidate's promotional potential, maturity, composure and leadership abilities. Each member of the panel shall rate the candidate based upon a score of one to 100 in the oral interview. The average score shall count for 1/3 of a candidate's promotional score.
G. 
Appointments shall be made by the Mayor with the advice and consent of the Borough Council for a probationary period of six months. At the conclusion of the probationary period, upon the recommendation of the Chief of Police, the Borough Council may by resolution make the appointment permanent.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 31-6 as § 31-7, and, pursuant to this ordinance, former § 31-7 was renumbered as § 31-7.1.
No member or officer of the Police Department shall be suspended, removed, fined, or reduced in rank for any cause other than for incapacity, misconduct, or disobedience of the rules and regulations established for the government of the Police Department as provided by said rules and regulations, and/or the New Jersey Statutes.
The Borough Council may appoint from time to time special law enforcement officers in accordance with New Jersey Statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same power and authority as regular members of the Police Department, including the carrying of firearms and the power of arrest.
[Adopted 9-15-2003 by Ord. No. 2003-10]
As used in this article, the following terms shall have the meanings indicated:
OFF-DUTY
That period of time when a police officer is not scheduled for a shift or tour of duty by the Chief of Police.
POLICE OFFICER
Any regular full-time or part-time police officer of the Borough of Pemberton.
POLICE RELATED SERVICES
Services provided by any Pemberton Borough police officer, including, but not limited to, the provision of traffic control services or security services.
PRIVATE PERSON or PRIVATE ENTITY
Any individual, partnership, corporation, company, business entity, or other organization situated within or outside the Borough of Pemberton, other than the Borough of Pemberton, which submits an application to contract police related services from the Borough.
SECURITY SERVICES
Services requiring a police officer to perform security related duties for a private person or private entity while wearing the Pemberton Borough Police Department uniform or insignia and/or displaying or carrying a Pemberton Borough Police Department badge and/or displaying or carrying a firearm or weapon as defined by N.J.S.A. 2C:39-1.
TRAFFIC CONTROL SERVICES
Services requiring a police officer to perform traffic control related duties for a private person or private entity while wearing the Pemberton Borough Police Department uniform or insignia and/or displaying or carrying a Pemberton Borough Police Department badge and/or displaying or carrying a firearm or weapon as defined by N.J.S.A. 2C:39-1.
A. 
The governing body of the Borough of Pemberton retains its lawful authority to regulate off-duty employment of Pemberton Borough police officers and to ensure that hourly compensation rates comply with state and federal statutes and regulations.
B. 
The Chief of Police is authorized to prepare rules and regulations and policies and procedures consistent with this article for consideration and approval by the appropriate authority.
C. 
The Chief Financial Officer shall submit a dedication by rider resolution for consideration and approval by the Borough Council in accordance with N.J.A.C. 5:30-3.3(c)(5). The Chief Financial Officer shall establish a dedicated by rider trust fund, in accordance with the aforesaid resolution upon its approval, for purposes of receiving any and all fees collected from private persons and private entities for the payment of wages to police officers and any administrative fees provided for herein related to off-duty police related services.
A. 
Any private person or private entity desiring to retain the services of an off-duty police officer for the provision of police related services shall be required to submit an application, on a form prescribed by the Chief of Police, not less than 30 calendar days prior to the first date of the requested police related services.
B. 
The application shall require an applicant for police related services to include the following information and such additional information that the Chief of Police may deem necessary:
(1) 
Name, address, telephone number, and E-mail address of the applicant;
(2) 
Description of the requested police related services;
(3) 
Location(s) where the police related services will be performed;
(4) 
Date(s) and hours when the police related services will be performed;
(5) 
Corporate disclosure statement if the applicant operates under the corporate form of ownership; and
(6) 
Statement of ownership if the applicant operates under a form of ownership other than the corporate form.
C. 
The applicant shall submit a certificate of insurance with the completed application providing for general liability and automobile liability coverages in minimum amounts of $1,000,000 for any one claim and $2,000,000 for any aggregate claims. The certificate of insurance shall provide on its face that the Borough of Pemberton is an additional insured under the policy or policies of insurance.
D. 
The applicant shall submit a signed and duly adopted hold harmless and indemnification agreement in a form prescribed by municipal counsel for the Borough of Pemberton.
A. 
A copy of the request for police related services will be posted in the Police Department by the Chief of Police.
B. 
Requests for off-duty assignments covered by this article are strictly voluntary. No police officer shall be ordered to perform off-duty police related services that are covered by this article. However, once a police officer's request for an off-duty assignment is approved by the Chief of Police and a contract is entered into with the applicant, the police officer shall be subject to an order of the Chief of Police to perform the off-duty assignment in order that the Borough may fulfill its contractual obligation under the contract.
C. 
Police officers shall have the opportunity to voluntarily request off-duty assignments on a form prescribed by the Chief of Police. The Chief of Police shall approve off-duty assignments on as equal a basis as is practicable.
D. 
The Chief of Police may, in his discretion, deny requests for off-duty assignments in consideration of the changing business necessities of the Police Department.
[Amended 8-18-2014 by Ord. No. 2014-8]
A. 
For purposes of contracts entered into in accordance with this article, the Chief of Police is designated as the contracting agent for the Borough of Pemberton and may sign such contracts on behalf of the Borough of Pemberton.
B. 
Contracts shall be in a form prescribed by municipal counsel for the Borough of Pemberton.
C. 
One copy of each fully signed contract shall be provided to the applicant, Chief Financial Officer, and the Municipal Clerk prior to the date off-duty police related services will commence.
D. 
All contracts entered into in accordance with this article shall contain a provision establishing a cancellation fee equal to 50% of the estimate wages of the police officer. The cancellation fee, less 10% to be retained by the Borough of Pemberton as an administrative cancellation fee, shall be paid over to the police officer.
E. 
All contracts entered into in accordance with this article shall contain a provision establishing fees related to the payment of wages of police officers who will engage in the off-duty assignment(s), hourly or daily fees for usage of Borough-owned equipment, and an administrative fee.
[Amended 8-18-2014 by Ord. No. 2014-8]
A. 
Prior to approval by the Chief of Police for a request for off-duty assignment, the Chief Financial Officer or the Borough Treasurer shall provide the Chief of Police with an escrow statement itemizing the estimate wages of the police officer, the Borough's contributions for pension, social security and such other contributions required to be made from public funds, and hourly fee for any Police Department equipment (e.g., patrol car, night vision scope, GPS). The escrow statement shall also include an estimated administrative fee of $10 per hour to correspond with the hours worked by the officer.
B. 
The escrow estimate together with a copy of the contract and instructions shall be forwarded to the applicant. Upon receipt of the escrow payment and signed contract from the applicant the Chief of Police shall immediately turn over the escrow payment to the Borough Treasurer and shall forward fully signed copies of the contract in accordance with § 31-12 above.
C. 
A copy of the escrow statement shall also be provided to the police officer and shall contain a statement that the police officer's request for the off-duty assignment has been approved conditioned upon receipt of the escrow payment and signed contract.
D. 
The estimated and actual wages of the police officer shall be based on the rate of $50 per hour.
E. 
There shall be an hourly rate of $10 per hour corresponding to the hours worked by the officer for administrative costs.
F. 
There shall be a rate of $90 per day for Borough-owned vehicles/equipment.
G. 
Escrow payments shall be in the form of cash or certified check or money order.
H. 
No off-duty police related services shall be provided to any private person or private entity unless and until the escrow payment has been received by the Borough Treasurer.
I. 
Upon completion of the off duty police related services, the Chief Financial Officer shall prepare a final invoice. Should the final invoice for services, based on the services actually performed by the off-duty police officer, be less than the amount of the escrow, the Chief Financial Officer shall submit a resolution to the Borough Council approving disbursement of the escrow balance to the private person or private entity. In the event that the actual invoice for services exceeds the escrow balance, the Chief Financial Officer shall notify the private person or private entity that an amount remains due and must be paid within 10 calendar days of receipt of the invoice. Should any amounts due from a private person or private entity not be received within the ten-calendar-day collection period, the Chief Financial Officer shall forward the contract and invoice to the municipal counsel for institution of collection proceedings.
The Chief of Police shall have the authority to order any police officer engaged in providing off-duty police related services within the Borough of Pemberton to respond to an emergency within the Borough of Pemberton. The Chief of Police shall also have the authority to immediately terminate any off-duty assignment whenever that assignment creates an unacceptable risk to the health, safety and welfare of the police officer or citizens of the Borough of Pemberton. In any situation where the off-duty police officer is called to an emergency or the assignment is terminated for health, safety and welfare reasons, the private person or private entity shall not be responsible for the payment of services until such time as the police officer and/or equipment returns to the off-duty assignment.
A. 
It is the intention of the Borough Council in adopting this article to comply fully with all Attorney General Opinions (including Formal Opinion No. 23-1977 and Formal Opinion No. 11-1978), Local Finance Notice CFO 2000-14, N.J.A.C. 5:30-3.3(c.)(5), the Local Finance Law, the Local Budget Law, the Private Detective Act, the Fair Labor Standards Act, and other state and federal laws which may be applicable to off-duty assignments of police officers.
B. 
The Chief of Police shall be authorized to immediately suspend this program for contracting of and payment for police related services upon receiving notice that the program or any part of it does not comply with state or federal laws or Attorney General guidelines and opinions.