[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 12-21-1931; amended in its entirety 9-26-1978 (Ch. 56 of the 1966 Code). Subsequent amendments noted where applicable.]
This chapter shall be known as the "Borough of Raritan Police Department Ordinance."
[Amended 1-22-2008 by Ord. No. 08-02]
There is hereby created a Police Department for the Borough of Raritan which shall consist of a Chief of Police and such number of officers, regular policemen, and civilian employees as the Borough Council may designate from time to time, all of whom shall be appointed by the Borough Council of the Borough of Raritan from a list of candidates supplied by the Police Committee.
[Amended 1-22-2008 by Ord. No. 08-02]
A. 
Pursuant to N.J.S.A. 40A:14-118, the Mayor and Borough Council are hereby established as the appropriate authority, having such power and duties as set forth in such statute and in accordance with general law.
B. 
There shall be established at the annual reorganization meeting of the Borough a Police Committee, which shall consist of three members of the Council. The Police Committee shall consist of a liaison to the Police Department; alternate liaison to the Police Department; and a third Council person. The liaison and alternate liaison are appointed by the Mayor. The third member of the Police Committee shall be appointed by the Mayor with the advice and consent of the Council. The liaison shall act as Chair of the Police Committee. Subject to the approval of the Borough Council, the Police Committee shall provide for the maintenance, regulation and control of the Police Department. It shall recommend to the Mayor and Council policy and regulation of the Department. Regulation and control of the Department shall be exercised through the Chief of Police. Subject to the approval of the Borough Council, the Police Committee shall promulgate and adopt rules and regulations for the governance of the Police Department and the discipline of its members. The Department rules and regulations shall be contained in a manual known as "Police Department Rules and Regulations," and said rules and regulations as they currently exist are hereby adopted as contained in said manual as though set forth fully herein. Said rules and regulations may be amended and/or revised through the Mayor and Council. A certified copy of the manual shall be kept in the office of the Borough Clerk. The Department rules and regulations may be amended and supplemented from time to time by resolution duly adopted by the Mayor and Council.
[Amended 1-22-2008 by Ord. No. 08-02; 2-25-2020 by Ord. No. 2020-01]
The Mayor and Council shall appoint a Chief of Police who shall have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall be directly responsible to the Administrator for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the Mayor and Council:
A. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
B. 
Have, exercise and discharge the functions, powers and duties of the force.
C. 
Prescribe the duties and assignments of all subordinates and other personnel.
D. 
Delegate authority as the Chief may deem necessary for the efficient operation of the force to be exercised under the Chief's direction and supervision.
E. 
Report at least monthly to the Administrator in such form as shall be prescribed by the Township Committee on the operation of the force during the preceding month and make such other reports as may be requested by the Mayor and Council.
[Amended 1-22-2008 by Ord. No. 08-02; 2-25-2020 by Ord. No. 2020-01]
Subject to the provisions of N.J.S.A. 40A:14-147 et seq., and pursuant to the provisions of N.J.S.A. 40A:14-118, the Mayor and Council are hereby deemed the appropriate authority to hear and determine complaints against the Chief of Police and all other police officers charged with misconduct or disobedience of any of the rules and regulations which may be established for the governance of said Police Department and, in case of conviction after due hearing as aforesaid, shall have the power and authority of imposing upon the Chief of Police or any other police officer against whom a charge shall be substantiated such penalties as shall be set forth in the Police Department rules and regulations, or the Mayor and Council shall suspend, reprimand or demote the Chief of Police or any other police officer who has been convicted of any offenses under this chapter. When any member of the Police Department is suspended or discharged or if he or she may resign, he or she shall immediately surrender to the Chief of Police their shield and other insignia of office in his or her possession, as well as all uniforms and all property furnished to him or her by the Borough of Raritan.[1]
[1]
Editor's Note: Original § 56-6, Promotions, of the 1966 Code, which immediately followed this section, was repealed 6-24-1986. In addition, original § 56-7, Special policemen, of the 1966 Code, which immediately followed this section, was repealed 1-22-2008 by Ord. No. 08-02.
[Added 7-23-2013 by Ord. No. 2013-10[1]]
This section shall apply only to initial appointments and shall not apply to reappointments pursuant to N.J.S.A. 40:47-11.1 and promotional appointments of current members of the Police Department.
A. 
Applications. Each applicant for appointment as a member of the Police Department shall submit a complete application to the Chief of Police or his/her designee accompanied by the following:
(1) 
Copy of a valid driver's license;
(2) 
Copy of birth certificate;
(3) 
Resume; and
(4) 
Two recent two-inch by two-inch color photographs.[2]
[2]
Editor's Note: Former Subsection A(5), regarding an application fee, which immediately followed this subsection, was repealed 10-18-2022 by Ord. No. 2022-17.
B. 
Qualification of applicants. To be eligible for appointment a member of the Police Department, a candidate shall satisfy all of the following requirements:
(1) 
Be a citizen of the United States of America and a resident of the State of New Jersey;
(2) 
Be not less than 21 years nor more than 35 years of age;
(3) 
Be of good moral character and never have been convicted of a crime or any offense involving moral turpitude;
(4) 
Be sound in body and mind and eligible for membership in the Police and Firemen's Retirement System of New Jersey;
(5) 
Be able to read, write and speak the English language well and intelligently;
(6) 
Possess a valid New Jersey passenger car driver's license;
(7) 
Be a high school graduate;
(8) 
Satisfactorily pass a written, physical and medical examination;
(9) 
Satisfactorily pass a psychological or psychiatric examination; and
(10) 
Satisfactorily complete a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey or the statutory equivalent.
C. 
Examination of applicants.
(1) 
All applicants shall be required to undergo a medical examination and a psychological or psychiatric examination which shall be conducted by licensed professionals selected by the Borough. The Borough shall pay the expenses of such examinations.
(2) 
All applicants shall be required to undergo drug screening which shall be conducted by a facility selected by the Borough. The Borough shall pay the expenses of such screening.
(3) 
Oral interviews for the position of police officer shall be conducted by the Police Department and may include the Borough Council Police Committee.
[Amended 10-18-2022 by Ord. No. 2022-17]
D. 
Probationary period for new appointees; permanent appointment.
(1) 
Each person hereafter appointed to the Police Department without any prior police service and training shall be considered as a probationary police officer for a period of 12 months from the date of his/her appointment.
(2) 
Each person having prior police service and training in another police department of any municipality or any law enforcement agency may be appointed as a probationary police officer and shall serve as a probationary police officer for a period of six months from the date of his/her appointment. The Mayor and Borough Council shall have the authority to lengthen the probationary term of said police officer for up to 12 months from the date of his/her appointment, which decision shall be made at any time prior to the expiration of the initial probationary period.
(3) 
A probationary police officer may be appointed to a permanent position as a police officer at the termination of his/her probationary period upon recommendation of the Chief of Police and concurrence of the Mayor and Borough Council.
(4) 
No person shall be appointed to a permanent position as a police officer unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey or the statutory equivalent.
(5) 
If a candidate does not meet the requirements of a satisfactory police officer at the end of the probationary period, his/her services will be terminated on the recommendation of the Chief of Police and with the approval of the Mayor and Borough Council, at their sole discretion, without the need for a hearing.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 49-6 as § 49-8.
[Added 7-23-2013 by Ord. No. 2013-10]
A. 
Promotions. The promotion of any member of the Department to a superior position shall be made in accordance with N.J.S.A. 40A:14-129.
B. 
Chief of Police. There shall be appointed a Chief of Police by the governing body of the Borough of Raritan.
C. 
Other superior officers. The governing body of the Borough of Raritan may appoint superior officers other than the Chief of Police as deemed appropriate and necessary.
D. 
Eligibility criteria for promotion to Chief of Police. Only members of the Department holding the rank of Sergeant for a minimum of three years, or a higher rank, shall be eligible for promotion to Chief of Police.
[Amended 9-24-2013 by Ord. No. 2013-12]
E. 
Eligibility criteria for promotion to positions above Sergeant, excluding Chief of Police. Only members of the Department holding the rank of Sergeant, or a higher rank, shall be eligible for promotion to a rank higher than Sergeant. This requirement may be waived by the Raritan Borough governing body.
[Amended 12-19-2017 by Ord. No. 2017-21]
F. 
Eligibility for rank of Sergeant. Each member of the Department shall become eligible for the rank of Sergeant within the Department after he or she shall have served in the capacity of police officer, investigator or some other rank below the rank of Sergeant for a combined period of at least four years, exclusive of his or her initial probationary period.
Throughout this chapter, the masculine and feminine genders shall be deemed interchangeable and shall include each other where applicable.
[Added 9-20-2022 by Ord. No. 2022-12]
A. 
Purpose. The Borough of Raritan wishes to assist persons and entities by, under certain circumstances, a) allowing them to utilize the services of off-duty Raritan police officers, b) authorizing outside employment of off-duty police officers within Somerset County, and c) complying with various New Jersey Attorney General Opinions, and state statutes and regulations. The Borough seeks to accomplish these purposes by establishing policies and procedures regarding the use of and compensation for said off-duty police officers.
B. 
Approval of employment.
(1) 
Off-duty police officers shall be permitted to perform on behalf of private employers, nonprofit entities and/or Borough-related groups, police-related activities which are not prohibited by state law and/or regulation and/or Borough law ("police-related activities") only during each respective police officer's off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough as determined by the Chief of Police.
(2) 
An off-duty police officer performing police-related activities shall be providing such services as if they were performing such police-related activities for the Borough and shall be subject to Police Department discipline and control in connection with their actions and/or inactions concerning the police-related activities.
(3) 
Any private person or entity, including any other municipality or governmental entity other than the Borough or its agencies, boards, etc. ("person"), wishing to have off-duty police officers perform police-related activities shall first obtain approval of the Chief of Police or his/her designee, which approval shall be granted if in the Chief's opinion such police-related activities are not inconsistent with the Police Department's efficient functioning and good reputation and would not unreasonably endanger or threaten the police officers performing such police-related activities.
(4) 
Procedures set forth in this section shall apply even if the third party making the request is another municipality when making such a request on behalf of private person or entity.
C. 
Rates of compensation, administration fees; payment for services. An administrative fee of $10 per hour per off-duty police officer will be paid to the Borough of Raritan. Said fees are established to cover the Borough's costs, overhead, benefits for off-duty officers and out-of-pocket expenses.
(1) 
The hourly compensation is the rate that any off-duty police officer shall be paid for performing police-related activities.
(2) 
The off-duty police officer shall be compensated at the hourly compensation of $85 per hour for performing police-related activities. Except if otherwise agreed by the person and by the Chief of Police or his/her designee, the officer shall be guaranteed a minimum of four hours' pay. After the first four hours, off-duty officer shall then be paid in two-hour increments. The off-duty police officer shall not be paid if the police-related activity is canceled by the person more than three hours before the police-related activity is scheduled to commence. If the person requesting the police-related activity cancels the request less than three hours prior to the service, the off-duty police officer shall be paid for four hours at the hourly rate described above. The off-duty police officer shall receive his/her pay for the police-related activity on the next regular scheduled payday after the police-related activity has been performed.
(3) 
If a patrol car is requested by the person in connection with a police-related activity, the person shall pay $35 per job per vehicle required.
(4) 
The Borough may choose to utilize a secondary service to administrate and perform the above actions related to the off-duty employment process. These actions include but are not limited to: communicating with said person or company to schedule off-duty jobs, scheduling the officers for the said jobs, invoicing said person or company and receiving escrow and/or payments from said person or company in a manner set forth by the secondary service provider. The secondary service provider may charge an additional fee for services that is above and in addition to the fee structure stated above and utilize business-type collection rules as set forth in the contract between the Borough and the secondary service provider. The secondary service provider will reimburse the Borough via ACH or other funds transfer methods, according to the fees set forth above, due to the Borough and Officer, in a timely manner, usually coinciding with payroll periods for jobs that the officers have performed or were scheduled for, in accordance with the above-listed rules of employment between the Borough and said person(s) or company seeking services.