Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Pemberton 1-21-1999 by Ord. No. 2-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
Personnel regulations — See Ch. 38.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 41, Police Department, adopted 3-5-1975 as Section 2:3 of Ch. II of the General Ordinances, as amended, with the exception of former § 41-15, Special policemen. Former § 41-15 is now included as § 41-13.

§ 41-1 Police Department established.

[Amended 10-7-2015 by Ord. No. 6-2015]
The Township of Pemberton Police Department has been established in Chapter 3 of the Pemberton Township Code, and was created pursuant to the authority set forth in the Faulkner Act, N.J.S.A. 40:69A-31 et seq., the Administrative Code of the Township of Pemberton (Chapter 3), and N.J.S.A. 40A:14-118 et seq., and any amendments hereinafter enacted thereto.

§ 41-2 Title of Department.

The Official name of the police force shall be the "Pemberton Township Police Department."

§ 41-3 Title of chapter.

This chapter shall be known and may be cited as "Township of Pemberton Police Department Ordinance."

§ 41-4 Duties and responsibilities of Police Department.

It is the function of this Department to bring police services to the residents and taxpayers of the Township of Pemberton. The Police Department shall enforce all laws which operate within the Township. It is the function of the Police Department to preserve the public peace, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and interruption, disburse unlawful or dangerous assemblies and preserve order at all elections and public meetings. A further function is to administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons and to make such rules and regulations not inconsistent with the statutes, rules, ordinances and general law for such purpose. Further, the Police Department shall remove all nuisances in public streets, parks, and other public places and inspect and observe all places of public amusement or assembly and all places of business requiring any state or municipal licenses or permits. In addition, the Police Department shall perform all such other duties as may be provided by ordinance.

§ 41-5 Composition of Police Department.

[Amended 6-6-2002 by Ord. No. 16-2002; 10-7-2015 by Ord. No. 6-2015]
A. 
Sworn officers. Within the Police Department there shall be a Chief of Police, who shall be the head of the police force as set forth in N.J.S.A. 40A:14-118 et seq., not more than three Police Lieutenants; not more than seven Police Sergeants; and a number of patrol officers not to exceed 46, to be appointed by the Mayor.
B. 
Civilian employees. Pursuant to the authority set forth in N.J.S.A. 40:69A-31 et seq., the Mayor shall appoint a Director of Police with the advice and consent of the Township Council, who shall be the Department Director, and who shall report to the Business Administrator and the Mayor. The Chief of Police may be appointed Department Director without additional compensation. The Mayor shall appoint such civilian staff as may be necessary for the efficient operation of the Police Department within budgetary appropriations.

§ 41-6 Designation of the appropriate authority.

[Amended 10-7-2015 by Ord. No. 6-2015]
The Mayor shall serve as the appropriate authority of the Pemberton Township Police Department pursuant to the authority set forth in the Faulkner Act, N.J.S.A. 40:69A-31 et seq., and N.J.S.A. 40A:14-118 et seq. The Mayor performs and has all of the duties and responsibilities provided therein, including but not limited to the following:
A. 
Adopt and promulgate rules and regulations for the government of the police force and discipline of its members, officers and employees.
B. 
Develop and administer general policy for the management, operation, government and discipline of the police force and its members, officers and employees.
C. 
Regularly meet and consult with the Director of the Police Department and the Chief of Police concerning the operation and efficiency of the police force, its members, officers and employees.
D. 
Appoint new members, officers and employees to the police force as provided by law.
E. 
Promote members, officers and employees of the police force as provided by law.
F. 
Conduct disciplinary and removal proceedings and impose such penalties and sanctions as may be permitted by law.
G. 
Provide for the health, safety and welfare of the Township of Pemberton in emergency situations by the issuance of special emergency directives.

§ 41-7 Investigation of the operation of the force.

The Council may conduct such investigations as it deems necessary or as may be required by law concerning the operations of the Police Department or the performance of any member, officer or employee. Any such investigation may be conducted by a subcommittee designated by Council which shall have all such direct and ancillary powers afforded investigatory bodies under the statutes and laws of the state.

§ 41-8 Chief of Police.

[Amended 10-7-2015 by Ord. No. 6-2015]
The Chief of Police shall be the head of the police force and shall be directly responsible to the Mayor, or designee such as the Director of Police or the Business Administrator, for the efficiency and routine day-to-day operations of the Department regarding which the Chief has authority. Pursuant to policies established by the Mayor, the Chief of Police shall:
A. 
Administer and enforce the rules and regulations established for the disposition and discipline of the Department and its officers and personnel.
B. 
Have, exercise and discharge the functions, powers and duties of the police force.
C. 
Prescribe the duties and assignments of all subordinates and other personnel within the table of organization promulgated by the Mayor.
D. 
Delegate such authority as the Chief of Police deems necessary for the efficient operation of the Department to be exercised under the Chief's direction and supervision.
E. 
Report at least monthly, in writing, to the Mayor and Council in such form as shall be prescribed on the operation of the police force during the preceding month, and make such other reports as may be requested by the Mayor or in writing by the Council.
F. 
Direct and manage the Division of Animal Control.
G. 
Perform such other duties related to public safety as may be assigned by the Mayor or designee.

§ 41-9 Eligibility for appointment.

[Amended 10-1-2003 by Ord. No. 22-2003; 10-7-2015 by Ord. No. 6-2015]
All persons appointed to the Pemberton Township Police Department shall be:
A. 
Citizens of the United States.
B. 
Of sound body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to eligibility for membership in the retirement system.
C. 
Able to read, write and speak the English language well and intelligently.
D. 
Of good moral character and has not been convicted of any criminal offense involving moral turpitude.
E. 
Certified by the New Jersey Civil Service Commission as having passed all necessary civil service tests and procedures.
F. 
At least 18 years but not over 35 years of age on the announced closing date of the New Jersey Civil Service Commission examination which resulted in the promulgation of the New Jersey Civil Service Commission list containing the name of the appointee.
G. 
A holder of a valid New Jersey driver's license.
H. 
Able to pass such physical and psychological examinations as may be prescribed by the New Jersey Police Training Commission and/or the Township of Pemberton.
I. 
Appointed by the Mayor as a probationary officer and shall successfully complete a basic police training course at a police training facility approved by the Jersey Police Training Commission within the time provided by statute.

§ 41-9.1 Police officer residency hiring criteria.

[Added 12-17-2015 by Ord. No. 19-2015; amended 3-17-2016 by Ord. No. 3-2016]
The selection of candidates for the position of police officer in the Township of Pemberton shall be in accordance with the residency hiring criteria and preferences set forth herein.
A. 
The New Jersey Civil Service Commission shall classify and the hiring authority shall select all qualified applicants for police officer with the Township of Pemberton solely in the following order of preference:
(1) 
Residents of Burlington County.
(2) 
Other residents of the State of New Jersey.
(3) 
All other qualified applicants.
B. 
The hiring authority shall first appoint all those in Subsection A(1), above, and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a position or positions or employment or employments remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. The residency preferences established herein shall in no way diminish, reduce or effect the preferences granted pursuant to any other provisions of law.
C. 
A certified copy of this ordinance shall be transmitted to the New Jersey Civil Service Commission along with a request that prospective certification lists provided to the Township of Pemberton for the selection of police officer candidates for employment reflect the hiring criteria and preferences required hereby.

§ 41-10 Oath of allegiance.

Every member to the Police Department shall take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this State under the authority of the People, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform the duties of this office, which oath or affirmation shall be filed with the Township Clerk.

§ 41-11 Rules and regulations.

A. 
The Mayor shall promulgate rules and regulations for the government of the police force and for the discipline of its members, which shall be in writing. Copies shall be filed with the Township Clerk and the Chief of Police who shall distribute them to the members of the Department. The Mayor may amend, supplement or revoke any rule or regulation and shall file such written amendments with the Township Clerk and the Chief of Police.
B. 
All other rules, regulations, procedures and orders, whether special or general, previously issued and contrary to those in body, content or context to rules and regulations adopted and promulgated pursuant to this section are revoked and deemed inoperable. All other rules, regulations, procedure and orders not in conflict with the provisions of rules and regulations adopted and promulgated pursuant to this section shall remain in full force and effect.
C. 
Any neglect or failure of any member or officer of the Department to follow and carry out any rule and regulation adopted and promulgated pursuant to this section shall be deemed grounds for any disciplinary action, including dismissal. Ignorance or unfamiliarity with the provisions of any rule and regulation shall not be a defense or excuse to any disciplinary action.

§ 41-12 Removal and discipline of officers.

[Amended 10-7-2015 by Ord. No. 6-2015]
A. 
Pursuant to the authority set forth in N.J.S.A. 40A:14-147, except as otherwise provided by law, no permanent member or officer of the Pemberton Township Police Department shall be removed from office, employment or position for political reasons or for any other cause other than incapacity, misconduct or disobedience of the rules and regulations established for the government and of the police department and force, nor shall any such member or officer be suspended, removed, fined or reduced in rank from or in office, employment, or position therein except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge(s) against such member or officer.
B. 
The complaint shall be on a form prescribed by the New Jersey Civil Service Commission and shall be served upon the member or officer so charged, with notice of a designated departmental hearing thereon by the appropriate authority, or designee, which shall be not less than 10 days nor more than 30 days from the date of service of the complaint.
C. 
All charges against members of the Police Department, other than the Chief, shall be initiated by the Chief of Police or designee, and shall be heard by the Mayor or designee. Pursuant to the authority set forth in N.J.S.A. 40A:14-147, a complaint charging a violation of the internal rules and regulations established for the conduct of a law enforcement unit shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules and regulations of the law enforcement unit is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day after the disposition for the criminal investigation. The forty-five-day requirement for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual. The forty-five-day requirement for the filing of a complaint against an officer shall not apply to the portion of any complaint alleging a violation other than the internal rules and regulations of the law enforcement unit. A failure to comply with said provisions as to the service of the complaint and the time within which a complaint is to be filed shall require a dismissal of the complaint.
D. 
In matters involving the discipline of the Chief of Police, the charges shall be issued by the Mayor, or designee, and shall be heard by a hearing officer designated by the Mayor for the purpose of hearing testimony in the disciplinary matter, making a departmental decision, and imposing a penalty, if appropriate.
E. 
Hearings shall be conducted pursuant to provisions set forth in N.J.A.C. 4A:1-1 et seq., and applicable collective negotiations agreements, if any.

§ 41-13 Special policemen.

[Amended 10-7-2015 by Ord. No. 6-2015]
The Mayor may appoint not more than four persons as "special police officers" pursuant to N.J.S.A. 40A:14-146.8 et seq., and any amendments or supplements thereto or replacements thereof, in accordance with the provisions contained therein and the following provisions:
A. 
Classifications of special police officers.
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties and shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinance and violations of Title 39 of the New Jersey Statutes Annotated. Class One officers are strictly prohibited from carrying a firearm, and no Class One officers shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class Two. Class Two officers shall be authorized to exercise the full powers and duties similar to those of a permanent, regularly appointed full-time police officer; the use of a firearm by a Class Two officer may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the police Training Commission of the Department of Law and Public Safety.
B. 
Term of appointment. Special police officers shall be appointed for terms not exceeding one year, which appointments may be revoked by the Mayor for cause after adequate hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing.
C. 
Conditions of employment.
(1) 
The Township shall charge a reasonable fee for equipment and uniforms supplied to special police officers in an amount not to exceed the actual cost of the equipment and supplies issued to a special police officer.
(2) 
Special police officers shall not be members of the police force of the Township of Pemberton, and their powers and duties as determined pursuant to this section and the statutes above described shall cease upon the expiration of the term for which appointed or upon the revocation of their appointment.
(3) 
No person may be appointed as a special police officer unless the person meets all of the conditions set forth in N.J.S.A. 40A:14-146.8 et seq., including but not limited to the following:
(a) 
Is a citizen of the United States.
(b) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(c) 
Is of sound mind and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to eligibility for membership in the retirement system.
(d) 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.
(e) 
Is certified by the New Jersey Civil Service Commission as having passed all necessary civil service tests and procedures.
(f) 
Is at least 18 years but not over 35 years of age on the announced closing date of the New Jersey Civil Service Commission examination which resulted in the promulgation of the New Jersey Civil Service Commission list containing the name of the appointee.
(g) 
Is a holder of a valid New Jersey driver's license.
(h) 
Is able to pass such physical and psychological examinations as may be prescribed by the New Jersey Police Training Commission and/or the Township of Pemberton.
(4) 
Every special police officer shall act under the direct supervision and the direction of the Chief of Police or, the Chief's designee, and shall perform the duties of a special police officer only in the Township of Pemberton unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A on the New Jersey Statutes Annotated.
(5) 
Special police officers shall be employed for a maximum of 20 hours per week, except as follows:
(a) 
During periods of emergency, there shall be no limitation upon the hours of employment.
(b) 
Special police officers may be authorized to perform services in the "jobs in blue" program, however such services shall count towards the special police officer's 20 hour per week maximum.
(c) 
The Chief of Police may designate one special police officer to whom the limitations on hours set forth above shall not apply. Said designation may be made by the Chief of Police on a weekly, biweekly, monthly, bimonthly, semiannual or annual basis as he deems appropriate.

§ 41-14 Jobs in Blue Program.

[Added 8-7-2003 by Ord. No. 18-2003; amended 6-18-2008 by Ord. No. 14-2008; 10-7-2015 by Ord. No. 6-2015]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AUTHORIZED SERVICES OR AUTHORIZED WORK
The police services authorized by this section.
NONPROFIT ORGANIZATION
An organization that has been deemed by the United States Internal Revenue Service as a not-for-profit, tax-exempt organization.
OFFICER
A police officer employed by the Township of Pemberton in its Police Department.
SCHOOL DISTRICT
The Pemberton Township School District.
THIRD-PARTY CONTRACTOR
Any business, organization, association, or individual, other than the Township of Pemberton, whether public or private, that enters into a contract with the Township for the services of an officer or officers to provide security, traffic control and other police-related services for the third-party contractor's business, project or function.
TOWNSHIP
The Township of Pemberton.
B. 
Authorization.
(1) 
Officers employed by the Township in its Police Department may be authorized by the Mayor to provide security, traffic control and other police-related services for approved private events on Township property, and to third-party contractors, nonprofit organizations and the School District during times when officers are not scheduled for a tour of duty by the Police Department; provided, however, that all such work performed and the arrangements therefore are made pursuant to this section. Special police officers may perform the services authorized by this section only when full-time officers are unavailable.
(2) 
Officers performing authorized services shall wear a Police Department-issued uniform and shall use other Police Department equipment as the Chief of Police or the Chief's designee may authorize or require.
(3) 
It is the express intention of this section that, to the extent permitted by law, officers who are injured while performing authorized services shall be entitled to the benefits provided by the Police and Firemen's Retirement System.
C. 
Agreement and payment.
(1) 
Third-party contractors and nonprofit organizations.
(a) 
Third-party contractors and nonprofit organizations that request the services of an officer or officers in accordance with this section shall complete an application in a form approved by the Business Administrator and Township Attorney. Said application shall be submitted to the Chief of Police, or the Chief's designee, no less than 30 days prior to the date for which services are requested.
(b) 
After reviewing the application, the Chief of Police or the Chief's designee shall estimate the costs for providing the requested police services on the basis of the fees set forth below. The third-party contractor or nonprofit organization shall remit to the Chief Financial Officer, in advance of services rendered but not less than five business days prior to the start of the work, the total estimated amount due, which shall be maintained in a non-interest-bearing escrow fund. The Township shall return to the third-party contractor any moneys in the escrow fund in excess of the cost of services and administrative fees.
(c) 
Third-party contractors and nonprofit organization that request the services of an officer or officers in accordance with this section shall enter into a contract with the Township using the form of a contract approved by the Business Administrator and Township Attorney. No officer shall perform authorized services until a contract for those services is signed by the Mayor and a representative of the third-party contractor or nonprofit organization.
(d) 
In cases where a third-party contractor or a nonprofit organization requests continuous services, the third-party contractor or nonprofit organization may establish a minimum balance in escrow in an amount equal to the average amount paid to officers in a monthly or yearly period, as determined by the Chief Financial Officer. In such cases, the Township will bill the third-party contractor or nonprofit organization for authorized services as a charge against the escrow and forward an invoice to the third-party contractor or nonprofit organization to replenish the escrow fund.
(e) 
The third-party contractor and the nonprofit organization shall be responsible to pay the Township the difference between the estimated cost for the authorized services and the actual cost in cases where the actual cost exceeds the estimated cost.
(2) 
School District.
(a) 
The School District may complete an annual application, and enter into an annual contract with the Township using a form of contract approved by the Business Administrator and Township Attorney. No officer shall perform authorized services until a contract for those services is signed by the Mayor and a representative of the School District.
(b) 
In the event the School District elects to enter into an annual contract with the Township, the School District shall maintain a minimum balance in escrow in an amount equal to the average amount paid to officers in a two-month period. The Township will bill the School District for the authorized services as a charge against the escrow and will send the School District invoices to replenish the escrow fund.
(c) 
In the event the School District elects not to enter into an annual contract with the Township, the School District shall follow the same application and contracting procedures as set forth above for third-party contractors and nonprofit organizations.
D. 
Insurance. Third-party contractors and nonprofit organizations shall provide the Township with a certificate of insurance, naming the Township as an additional named insured, and a hold harmless agreement, as to the Township's insurance program. Said certificate of insurance shall indicate that the third-party contractor and nonprofit organization has sufficient workers' compensation insurance to meet the statutory requirements and general liability insurance in the amount of not less than $1,000,000.
E. 
Control of officers. The Chief of Police shall be responsible for directing and supervising officers who perform authorized work.
F. 
Fees.
(1) 
Third-party contractors and nonprofit organizations:
(a) 
Application fee (nonrefundable): $50 per project.
(b) 
Hourly rate; third-party contractors other than nonprofits: 1 1/2 times the contracted regular hourly rate of pay of the police officer(s) assigned to the work, together with an administrative fee that covers the Township's actual costs regarding ordinary payroll taxes and mandatory state and federal contributions and an additional 10% to cover the cost of program administration.
(c) 
Hourly rate; nonprofit organizations: $50 per hour (flat rate), together with an administrative fee that covers the Township's actual costs regarding ordinary payroll taxes and mandatory state and federal contributions and an additional 10% to cover the cost of program administration.
(d) 
Police vehicle: $100 per eight-hour day or portion thereof per vehicle.
(2) 
School District:
(a) 
Application fee (nonrefundable): $0.
(b) 
Hourly rate: $50 per hour (flat rate), together with an administrative fee that covers the Township's actual costs regarding ordinary payroll-related taxes and mandatory state and federal contributions but no administrative fee for program administration.
(c) 
Police vehicle: $0.

§ 41-15 Chaplain.

[Added 1-19-2011 by Ord. No. 2-2011; amended 4-15-2015 by Ord. No. 7-2015]
A. 
As authorized by N.J.S.A. 40A:14-141, the Mayor may appoint one or more Chaplains for the Police Department to render support services to the members of the Police Department, who shall be ordained members of the clergy in good standing in the religious bodies from which the Chaplains are selected. Said Chaplains shall serve as part of the staff of the Police Department, but shall serve without rank or remuneration.
B. 
The Chaplains shall serve for a term commencing January 1 in the year the Chaplains are appointed and ending December 31 in the same year, unless sooner terminated with or without cause by the Mayor.