[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1992-14 and Ord. No. 1993-13 (§§ 3-1
through 3-17 of the 1972 Ocean Codified Ordinances). Amendments noted
where applicable.]
GENERAL REFERENCES
Emergency management — See Ch.
31.
Fire Department — See Ch.
36.
Personnel policies — See Ch.
57.
There is here established a Police Department in the Township
of Ocean, County of Ocean, and State of New Jersey, under and in accordance
with the provisions of N.J.S.A. 40A:14-118 et seq.
The mission and purpose of the Police Department is generally
threefold: to preserve life and property; to provide a general police
service to the residents of the Township of Ocean; to enforce federal,
state, county and municipal laws, statutes and ordinances, and as
hereinafter may be more expressly defined.
[Amended by Ord. No. 1995-14; Ord. No. 2001-23; 10-10-2012 by Ord.
No. 2012-20; 5-9-2013 by Ord. No. 2013-11; 3-12-2015 by Ord. No. 2015-1; 5-12-2016 by Ord. No. 2016-4; 11-8-2019 by Ord. No. 2018-16]
The Police Department shall consist of one Chief of Police,
two lieutenants, five sergeants and such patrolman and special police
officers as may be needed from time to time. In consultation with
and the approval of the appropriate authority, one of the lieutenant
positions shall be assigned to directly supervise the Patrol Division
and the other will be assigned to supervise the Administrative Division
of the Township's Police Department. The Township Committee may, at
any time, determine to leave one or more of the above positions vacant
as they see fit. No person may be appointed to the Police Department
and no person may be promoted within the Township's Police Department
until they have satisfied all statutory requirements and have been
duly appointed thereto by the Township Committee of the Township of
Ocean. Any appointment or promotion within the Ocean Township Police
Department may only be made by majority vote of the Township Committee.
Any individual appointed to the position of Chief of Police shall
be required to have attained a Bachelor's Degree; however, this requirement
may be waived, at the discretion of the Township Committee. Individuals
appointed by the Township Committee to particular positions within
the Township Police Department shall serve in the position to which
they have been appointed. In an emergent situation, should the need
arise, a member appointed to one position may be directed by the Chief
to temporarily perform the duties of another. The Chief of Police
shall obtain the approval of the appointing authority for the temporary
reassignment of said member, which authority shall automatically expire
at the conclusion of 30 days, unless it has been approved by resolution
of the Township Committee during that time.
A. The personnel referred to in this section shall receive such salary
and compensation as negotiated in the police employment contract and/or
as designated in the Township salary ordinance.
B. In addition, said personnel shall receive a uniform and equipment
allowance in an amount set by the Mayor and Township Committee and
as fixed annually in the Township budget or as negotiated in a police
contract.
C. Any and all promotions within the Township's Police Department,
as referenced above, shall be made within six months after the completion
of interviews by the appropriate authority and highest ranking officer
within the Department. In the event promotions have not been made
within six months of the conclusion of the last interview conducted
by the appropriate authority and highest ranking police officer within
the Department, then and in that event, before any of said promotions
shall take place, a new interview process shall be completed.
[Added 5-12-2016 by Ord.
No. 2016-4]
D. Notwithstanding anything to the contrary in this §
61-3, interviews for the position of Chief of Police shall be conducted solely by the Township Committee.
[Added 5-12-2016 by Ord.
No. 2016-4]
[Amended by Ord. No. 1995-15; Ord. No. 1999-29]
The appropriate authority shall, with the approval and consent
of the Township Committee, appoint such other special law enforcement
officers, police surgeons and crossing guards as they may deem necessary.
They shall be a part of the Police Department established in this
chapter and subject to all the laws, rules and regulations governing
the same. Pursuant to N.J.S.A. 40A:14-146.8 et seq., the term of such
appointments shall be at the discretion of the Township Committee,
but in no event shall exceed one year. The personnel referred to in
this section shall be compensated at such hourly rate as designated
in the salary ordinance. Personnel shall serve for the appointed term
only and at the compensation, if any, established by ordinance or
as modified or changed by the Township Committee.
A. Special law enforcement officer appointment and qualification. The
Township Committee may appoint such special law enforcement officers
as it deems necessary, provided the person and/or persons meet the
requirements as set forth in N.J.S.A. 40A:14-146.10, as amended and
supplemented.
B. Classification of special law enforcement officers. Providing that
the appointees meet the requirements and training as set forth pursuant
to law, there shall be the following two classes of special police
officers established within the Township:
(1) Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control, and similar duties. Such
officers shall have the power to issue summonses for disorderly persons,
petty disorderly persons offenses, violations of municipal ordinances,
and violations of Title 39 of the Revised Statutes. The use of a firearm
by an officer of this class shall be strictly prohibited and no officer
of this class shall be assigned any duties which may require the carry
of or use of a firearm. The number of special police officers in this
class shall be limited to six.
(2) Class Two. Officers of this class are authorized to exercise full
power and duties of a regular police officer. The use of a firearm
by such officer may only be authorized upon successful completion
of training and instruction as required by law. The number of special
police officers in this class shall be limited to no more than 25%
of regular full-time police officers of the Township.
C. Uniform. Every special law enforcement officer shall carry identification
as provided by the Chief of Police in accordance with the requirements
of law.
D. Terms of employment. Special law enforcement officers may be appointed
by the governing body for terms not to exceed one year. Appointments
may be revoked 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.
E. Special law enforcement officers shall be required to conform to
all other conditions of law with regard to the training and use of
firearms.
F. Hours of duty. The hours of duty for all special police officers
shall be in conformance and in compliance with N.J.S.A. 40A:14-146.16
for resort municipalities such as the Township of Ocean. All designations
with respect to such hours of employment may be made by the Township
Committee either on an annual basis or subsequent to the hiring of
any special police officer.
G. In addition, the appropriate authority may, with the approval and
consent of the Township Committee, appoint such special Class III
law enforcement officers as they may deem necessary. Class III officers
shall likewise be part of the Township's Police Department. All
officer of this class must be a retired law enforcement officer under
the age of 65, who has retired from his or her agency in good standing
and possesses a valid New Jersey Police Training Commission Basic
Police Officer certification. Such Class III officers must be physically
capable of performing the functions of the position in accordance
with the New Jersey Police Training Commission guidelines. Such Class
III officers are authorized to exercise powers and duties commensurate
with those of a regular police officer while on duty. The use of a
firearm by such officer can only be authorized upon successful completion
of training and instruction as required by law. The Chief of Police
may authorize the use of mechanical force weapons, but such special
law enforcement officers must train and demonstrate proficiency with
such mechanical force weapons with the same frequency as the regular
police officers of the Township of Ocean.
[Added 6-14-2018 by Ord.
No. 2018-7]
The appropriate authority shall, with the approval and consent
of the Township Committee, appoint such civilian members of the Police
Department to serve in the services division as he/she or they may
deem necessary. Such members are to provide dispatching services,
clerical duties and logistics and support for the Police Department.
A. The personnel referred to in this section shall receive such salary
and compensation as negotiated in the civilian employment contract
(if any applies) and is designated in the Township salary ordinance.
B. In addition, said personnel may receive a uniform and equipment allowance
in an amount set by the Township Committee and as fixed annually in
the Township budget or as negotiated in any civilian employment contract.
A. The Police Department shall come under the jurisdiction of the Chairperson
of the Public Safety Committee, which position is here created. This
position shall be known as the "appropriate authority" and it shall
be held by a member of the Township Committee, or any person designated
by the Township Committee. The Chairperson/appropriate authority shall
be responsible directly to the Public Safety Committee. The Public
Safety Committee shall consist of all members of the Township Committee.
The Chief of Police shall be directly responsible to the appropriate
authority for the day-to-day operation of the Police Department. The
appropriate authority shall be responsible for the promulgation, adoption,
updating, and/or ratification of rules and regulations for police
personnel which shall be known as the "Code of Conduct" (N.J.S.A.
40A:14-118).
B. In the event of any disciplinary proceedings against any member of
the Police Department of the Township, the Chairperson of the Public
Safety Committee or his/her designee shall be designated as the sole
hearing officer and person in charge of all such proceedings. The
decision of the hearing officer shall be final and binding. The right
of appeal shall be to the New Jersey Superior Court pursuant to N.J.S.A.
40A:14-150.
C. In the event of any disciplinary proceedings against the Chief of
Police of the Township, the Township Committee, or their designee,
shall be designated as the hearing authority and in charge of all
such proceedings. The decision of the hearing authority shall be final
and binding. The right of appeal shall be to the New Jersey Superior
Court pursuant to N.J.S.A. 40A: 14-150.
D. In the event a designated hearing authority is utilized pursuant to Subsection
B of this section, only a person of greater rank may be the hearing authority if a Police Department official is to be designated for that purpose. If a designated hearing authority is utilized pursuant to Subsection
C of this section, it must be the appropriate authority or special counsel. Whenever special counsel is designated to be the hearing authority pursuant to either Subsection
B or
C of this section, prior approval must be obtained by resolution of the Township Committee.
E. Charging authority.
(1) In the event a Police Department employee, civilian or sworn personnel
is to be charged with a disciplinary action and said employee is subordinate
to the rank of the Chief of Police, only the Chief of Police or his/her
designee may initiate such charges (N.J.S.A. 40A:14-118). Failure
to initiate charges when same are indicated may constitute a neglect
or dereliction of duty, but the function of the charging authority
may not be circumvented.
(2) In the event the Chief of Police is to be charged with a disciplinary
action, only the appropriate authority or special counsel named by
the Township Committee shall be the charging authority.
(3) Any person, whether police officer or special counsel, who serves
in an investigative capacity and/or as the charging authority relevant
to a Police Department disciplinary action may not thereafter be designated
as or serve as the hearing authority in that disciplinary action.
F. Any disciplinary charges brought against any officer of the Police
Department shall be filed in the office of the Chief of Police and
a copy of same shall be served upon the member or officer so charged,
with notice of a designated hearing thereon by the proper authorities
which shall not be less than 10 nor more than 30 days from the date
of the service of the complaint. Any disciplinary charges brought
against the Chief of Police shall be filed in the office of the appropriate
authority and a copy of same shall be served upon the Chief of Police
with notice of a designated hearing thereon by the proper authorities
which shall be not less than 10 nor more than 30 days from the date
of service of the complaint.
G. Any employee not referred to in Subsection
F of this section seeking a hearing with respect to any disciplinary charges brought against them shall do so in writing to the office of the Chief of Police. The notice shall be filed within five days, not including Saturdays, Sundays and holidays, from the date that charges are served upon the employee.
A. A graphic table of organization (TO), as illustrated, shall be maintained
by the Chief of Police to show the following:
(1) The Ocean Township Police Department divisional structure;
(2) The Ocean Township Police Department personnel structure.
B. The express function of each position is as defined within the Code
of Conduct, but is not necessarily limited to the same.
A. Adoption, updating and promulgation. The appropriate authority is authorized to update, adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members with a view to making the Police Department and all the members thereof efficient, vigilant and effective to the Township (§
61-6A). These rules and regulations shall be called the "Code of Conduct" of the Police Department of the Township of Ocean and shall govern the conduct of and be binding upon the entire membership of the Police Department, including the Chief and all subordinates as listed in §§
61-3 through
61-5. The Code of Conduct shall provide for penalties and forfeitures for violations thereof.
B. Distribution of manual. The Code of Conduct, which shall include all parts of this chapter shall be distributed in manual form as follows: A serialized copy will be issued to and signed for by each employee designated in §§
61-3 and
61-5. A copy shall be maintained by the Township Clerk for the personnel designated in §
61-4 and to provide public access to same.
C. Maintenance, responsibility for care. All members and employees who
are assigned a manual shall be responsible for its maintenance and
care. The manual shall remain the property of the Township of Ocean
and, upon separation from police service, each person is bound and
liable to return same. Each person will be responsible for the security
of his/her manual, and loss of the same will constitute neglect of
duty and will result in disciplinary action. All manuals shall be
kept current, and supplementary pages concerning additions, revisions
or amendments shall be promptly and properly inserted.
D. Familiarity with required. Each police officer and each civilian
employee is duty-bound to thoroughly familiarize himself or herself
with the provisions of the police manual. Failure to comply shall
be considered neglect of duty.
E. Neglect of duty. In the event neglect of duty is charged against
a member for failure to observe the rules and regulations or department
procedures or orders, ignorance of any provision of this manual will
not be accepted as an excuse.
[Amended by Ord. No. 2001-04]
A. A K-9 Division of the Ocean Township Police Department is established.
B. Care and housing. Following negotiations between the K-9 handler
and the Township Committee, the following represents the full amount
of all compensation and benefits to be provided by the municipality:
(1) In order to compensate a K-9 handler for his/her off-duty time spent
caring, feeding, exercising, training, grooming, managing and housing
a police dog, he/she shall receive eight hours of compensatory time
per month and $500 per year allowance for each approved police dog
under his/her care.
(2) The allowance shall be included in a handler's paycheck on a
biweekly basis and computed as regular salary in regards to overtime
and other benefits.
C. Clothing allowance.
(1) An equipment/meal allowance m the amount of $900 per year shall be
paid to a K-9 handler for each approved police dog under his/her care.
This allowance shall be used for the purchase, replacement and/or
maintenance of the equipment, supplies and food required for the appropriate
care, housing, training, and utilization of the police dog.
(2) Prior to a handler receiving the allowance, he/she shall submit to
the Chief Financial Officer documentation for expenses incurred not
to exceed $900.
(3) Payment of the allowance shall not be included in a handler's
salary; however it shall be separated and included in a category titled
"K-9 Uniforms."
D. Compensatory time. It shall be agreed that all compensatory time
accrued by a K-9 handler shall only be used towards time off.
E. Medical coverage. The Township shall pay for all veterinary costs
required in maintaining a dog's health and well-being. This care
shall include a yearly physical exam, all required and/or recommended
vaccines and medicines, and emergency care. The Chief of Police or
his/her designee shall monitor all medical care and expenses. All
medical care expenses shall require prior approval from the Chief
of Police or his/her designee. In order to minimize costs, the handler
shall make all reasonable attempts to utilize various free clinic
care, such as free rabies vaccinations.
F. Training time.
(1) One time per year a K-9 handler shall be compensated for his/her
attendance at a USPCA certification trial. This trial will be either
a regional trial or the national trial. Each day of attendance shall
constitute an eight-hour work day. This time will not be charged against
the handler's vacation or personal time. The Township shall also
pay any entrance fees for this trial. However, the handler shall be
responsible for all travel expenses.
(2) The team shall be encouraged to attend other field trials, if approved
by the Chief of Police, for which the Township may provide the on-duty
time, but will be at the officer's expense.
G. The Township Committee reserves the right to authorize any additional
K-9 handlers and also reserves the right to terminate the Township
K-9 program at any time. In the event such program is terminated,
or in the event a different handler is assigned, all payments made
or to be made shall be prorated.
H. The Township shall be the owner of the Township's authorized
police K-9 animal.
A. Uses of headquarters. The police headquarters shall be used exclusively
for police business and shall not be used for any other purpose. Civility
and attention shall be shown to every person applying at the Police
Department or to a police officer on business. No person shall be
permitted to remain in police headquarters without express permission
from the officer in charge except members of the Department and persons
on business there.
B. Subjects of discussion. Discussions and conversations in the police
headquarters by members of the force or others in relation to nationality,
race, religion, or party politics or upon any other subject not pertaining
to police duties which may be the subject of argument or hard feelings
are improper and shall not be permitted. No police officer while on
duty or in uniform shall engage in or encourage any discussion or
argument regarding nationality, race, religion, party politics or
any other subject which may be the subject of argument or hard feelings
at any public place.
C. Officers on duty to enforce. The officer on duty at police headquarters
shall be held responsible for the enforcement of the rules governing
same and shall keep the headquarters clean and tidy at all times.
A. General requirements. Police officers and patrol officers are required
at all times when on duty to be dressed in regulation uniforms; the
uniform must be kept neat and clean and shoes polished. No police
uniforms or any part thereof shall be worn while police officers are
off duty except in formal parades or at formal functions.
B. Service chevron. Members of the uniformed force having served five
years continuously in the department shall wear on the left arm of
the overcoat, dress coat and blouse, a chevron to be designated the
"Service Chevron" to consist of one bar to be placed on the front
of the sleeve adjoining to and placed on cuff seam and parallel thereto.
In like manner, an additional bar will be worn for every five years
of service.
A. General procedure for making charges. Charges or complaints against
any member of the Police Department for violation of the police rules
and regulations or for conduct unbecoming an officer may be made in
writing by any citizen giving the time, place and character of the
offense, the name of the officer, the charges and the name of the
witness or witnesses. The charges shall be presented to the chairperson
of the Police Committee.
B. Preliminary hearing.
(1) On receipt of such charges, the Police Committee shall immediately
fix a time and place for preliminary hearing before the Police Committee,
giving due notice thereof in writing to the complainant and accused
police officer and serving a copy of the charges on the accused. At
the hearing, the Police Committee shall hear and examine the complainant
and the accused, and may, if in its judgment it is required, call
for witnesses on both sides; but the hearing shall otherwise be private
except as to the parties in interest, unless either party shall otherwise
request in which event the hearing shall be public. The officials
holding the hearing shall thereupon determine whether or not the charges
are worthy of trial. If the charges are found worthy of trial, a statement
of the case as developed at the hearing, together with the original
charges, shall be transmitted to the Township Committee for formal
hearing.
(2) If the officials holding the original hearing decide the charges
are not worthy of trial, they shall so advise the complainant in writing
and the complainant may accept that decision or appeal in writing
directly to the Township Committee on his/her original charges.
C. Formal hearing.
(1) On receipt of formal charges or an appeal by complainant, the Township
Committee shall promptly fix a time and place for hearing and give
due notice to the complainant and the accused police officer through
the Township Clerk or by other means.
(2) At the time and place set, the Township Committee shall proceed to
hold an open and fair hearing or trial, examine witnesses under oath,
and keep a record of the evidence, employing a competent stenographer
or reporter if deemed necessary by the Township Committee. Both complainant
and defendant may be represented by counsel, and the Township Attorney
may, if requested, act in an advisory capacity to the Township Committee,
but not otherwise.
(3) The hearing may be adjourned from time to time if necessary, but
not so as to unduly delay decision. At the close of the hearing, the
Township Committee in executive session shall review the evidence
and determine the guilt or innocence of the defendant. A majority
vote of the whole Township Committee shall be required to find a verdict
of guilty. If the defendant is found guilty, then a majority vote
of the Township Committee present shall fix the penalty. The penalty
may be, according to the nature and flagrancy of the offense: dismissal
from the Department, suspension without pay for a period of not more
than 90 days, a fine of not more than 30 days' pay, demotion
or reprimand.
D. Violation of rules; penalties. The Police Committee or Township Committee
may, after fair hearing of any member of the Police Department found
guilty of infraction of any of the rules and regulations or of conduct
unbecoming a police officer, reprimand the member, suspend him/her
from duty without pay for not more than one week, or impose a fine
not exceeding one week's pay due or to become due. Any greater
penalty may be imposed only after trial by the Township Committee
as provided in these rules, in which case charges shall be filed in
due form with the Police Committee or Township Committee. Any penalty
imposed under this subsection may be appealed by the defendant member
of the police force to the Township Committee. The Township Committee
shall hear and decide this appeal in the same manner as is provided
for charges preferred by a citizen.
A. Records. The Chief of Police as well as the Police Committee shall
have access to all police records and information at all times. Information
of a personal nature shall not be given to anyone but members of the
Police Department, without the authority of the Police Committee.
B. Police cars. No persons shall be permitted in a police car except
police officers, persons being transported to or from jail, members
of the Township Committee or Township officials on official Township
business except by permission of the Police Committee or Township
Committee.
C. Physician's reports. Once in each year in the month of January,
each regular full-time police officer shall be completely examined
physically by a duly licensed physician to be selected by the Township
Committee, which shall pay for the examinations. The physician shall
render a written report on each examination, including in the report
the true physical condition of the police officer just examined, setting
forth the police officer's physical condition and particularly
the police officer's physical infirmities, if any, which would
render or tend to render him/her unable to perform police duty.
A. Provisional appointment. Pending the establishment of an appropriate
eligible list, the Township may authorize the filling of a vacant
position by provisional appointment. Such appointment shall continue
only until an appropriate eligible list is established or until certification
and appointment is made from an eligible list.
B. Provisional appointment limitations.
(1) No authorization for a provisional appointment shall be given when
the name of any person eligible and willing to accept appointment
remains on any eligibility list.
(2) A person who does not possess the minimum qualifications for full
time patrol officer may not receive a provisional appointment.
(3) No appointment shall be for more than four months.
(4) No person shall receive more than one provisional appointment to
the same position in any fiscal year unless scheduled examinations
have failed to produce a list adequate to fill all such classes of
positions then held on a provisional basis.
C. Provisional appointment wages and benefits.
(1) A provisional appointment shall be compensated on an hourly basis
at a rate determined by the Township Committee.
(2) Other than what is required by statute, a provisional appointee receives
no further benefits or compensation.
(3) The Ocean Township police contract pertaining to salary, wages, and
conditions of employment is not applicable to the position of provisional
appointee.
The rules and regulations of the Police Department may be amended,
added to or repealed by ordinance of the Township Committee; provided
that no such amendment, addition or repeal shall conflict with the
provisions of the laws of the State of New Jersey.
[Amended 9-14-2017 by Ord. No. 2017-11]
The Township of Ocean hereby adopts the Rules and Regulations
attached hereto as Exhibit A as the Rules and Regulations governing the Ocean Township
Police Department. Said Rules and Regulations may be amended from
time to time by the appropriate authority, i.e., the Chairperson of
the Public Safety Committee of the Township Committee, as authorized
and approved by the Township Committee as a whole.
[Amended by Ord. No. 2001-13; Ord. No. 2001-33; Ord. No. 2006-1; Ord. No. 2006-23]
A. Extra duties. Whenever the Chief of Police or his/her designee determines
that extra duty assignments shall be performed for a party requesting
private or quasi-public duty, the Chief of Police or his/her designee
shall enter into an agreement providing for extra duty assignments
for which the Township shall be compensated at the rate set from time
to time by resolution. Such agreement shall be in accordance with
the following standards:
(1) The party requesting the assignment shall execute and deliver an
agreement in a form approved by the Township Committee by resolution
from time to time. The Chief of Police or his/her designee shall be
authorized to execute any such agreement, provided it has been submitted
in the form approved by resolution.
(2) At the time the executed agreement has been delivered to the Chief
of Police or his/her designee, the party requesting the assignment
shall deposit a sum of at least $500 and not more than $10,000, as
determined by the Chief of Police or his/her designee, for each such
agreement, which funds shall be deposited with the Township's
Chief Financial Officer of the Township. The party requesting the
assignment shall, upon notice of the Township's Chief Financial
Officer, redeposit an identical sum in the event such escrow funds
are depleted. Any unused balance of the escrow funds shall be returned
to the party requesting the assignment within 30 days of completion
of the assignment.
(3) The Township shall be responsible to provide all necessary insurance
coverage as required by law, including but not limited to worker's
compensation, public liability and claims for damage for personal
injury, including death or damage to property which may arise or result
from the Township's performance under the contract.
(4) Officers engaged in special duty assignments shall be deemed on duty
and shall conform to all Police Department rules, regulations and
procedures.
(5) Any and all extra duty assignments shall be determined and approved
by the Chief of Police or his/her designee. The Chief of Police or
his/her designee may assign a patrol vehicle for use in performing
extra duty if and in the event it is determined that the use of a
patrol vehicle is necessary to perform the contracted duty.
(6) All special duty assignments shall be within the municipality, unless
specific written approval is given by the Chief of Police to the officer
to work outside of the municipality. If no municipal officers are
available to work on special duty assignments within the municipality,
the Chief of Police may contact adjoining municipal Police Departments
to see if they are willing to perform such special assignments.
(7) The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered direct assignment
or duty on the job through the Township. The taking of any and all
extra duty assignments shall be on a voluntary basis in accordance
with a system established and administered by the Chief of Police.
(8) The Chief of Police shall have the authority to order any police
officer to vacate or terminate any special duty assignment in response
to emergency situations or whenever the assignment creates an unacceptable
risk to health, safety and welfare of the officer and/or the public
in the sole determination and discretion of the Chief of Police. The
contractor shall not be responsible for any compensation for the time
that the police officer is away from the special duty assignment and
shall have no claim for any costs or damages against the municipality,
the Chief of Police, or the police officer arising from the termination
of special duty assignment other than the prorated return of any costs
prepaid to the Township or to the municipality.
(9) Any and all payments due under any such agreement which are in excess
of any funds which have been deposited with the Chief Financial Officer
shall be paid 15 days from the date of billing. Interest shall be
charged at the rate of 18% per annum on any amount billed for which
payment has not been made within 15 days. The delinquent party shall
be liable for all costs, fees and attorney's fees associated
with the collection of any amounts due.
(10)
At the time the party submits an agreement and/or application
to the Township requesting the assignment of off-duty police officers,
in addition to the deposit to cover the cost of payment for the police
officers requested, the applicant shall be required to submit an application
fee in the amount of $500 in order to process the application and/or
agreement. The fee shall be nonrefundable and shall be used by the
municipality to offset the administrative costs for the processing
of such applications. The amount of this fee may be raised or reduced
by resolution of the Township Committee.
(11)
In the event a Township vehicle is utilized for any purpose
for such special duty assignments, then and in that event the party
requesting such service shall also pay to the municipality the sum
of $35 per hour for the use of said Township vehicle. This fee shall
also be charged for any portion of an hour for which a Township vehicle
is utilized.
(12)
The rate of compensation for all officers performing extra duty
assignments, and the amount to be compensated to the municipality
for such services by the requesting party, shall be the appropriate
officers' overtime rate of pay. All such costs and expenses shall
be responsibility of the requesting party.
[Added 9-14-2017 by Ord.
No. 2017-10]
Procedure. In the event of a vacancy in the Office of the Chief
of Police, the following procedure shall be utilized by the Township
Committee, when the Township Committee deems it appropriate, to make
a permanent appointment to the position of Chief of Police:
A. Eligibility:
(1) Any current member of the Township Police Department holding the
rank of Sergeant or higher may be eligible for consideration for the
Position of Chief of Police.
B. Procedure:
(1) Any and all individuals applying for the position of Chief of Police
shall submit to a panel of Chiefs or former Police Chiefs to be selected
by the New Jersey State Association of Chiefs of Police or such similar
entity as the Township Committee may designate. Said panel shall conduct
interviews with all candidates seeking appointment and shall provide
a numerical grade for each candidate and rank them in order from high
to low. This process shall account for 40% of the overall score.
(2) The Township Committee shall conduct personal interviews of the three
highest scoring candidates, as recommended by the interviewing panel,
and shall provide a numerical grade between zero and 100, and rank
them in order from high to low. This portion of the testing shall
account for 60% of the final grade. Any candidate advancing to this
stage must execute a release authorizing any and all personnel records
maintained by the Township or the Police Department to be provided
to the Township Committee prior to their interview.
(3) After completion of all interviews, the score provided for each candidate
by the New Jersey State Association of Chiefs of Police shall be multiplied
by 40, while each score for each candidate as interviewed by the Township
Committee shall be multiplied by 60. The Township Committee, by majority
vote, may select any of the three candidates interviewed, regardless
of their numerical score, for appointment to the position of Chief
of Police. In the event no candidate receives a majority vote of the
Township Committee within 60 days from completion of the last interview,
regardless of scoring, the position of Chief of Police shall remain
vacant until such time as the Township Committee may, in its discretion,
conduct a new round of interviews of the top three candidates as originally
recommended by the panel. The Township Committee may also, if it so
chooses, arrange for a new panel of Chiefs or former Chiefs and begin
the entire process anew.
C. Criteria:
(1) Among the criteria which may be considered in the promotion of a
Chief of Police are seniority, educational background, experience
within Ocean Township, prior disciplinary record and prior military
service.
[Added 8-9-2019 by Ord.
No. 2018-10]
The Township may appoint a Chief of Police who shall be the
head of the Township's Police Force and whom shall be directly
responsible to the appropriate authority for the efficiency and routine
day-to-day operations of the Township's Police Department and
shall, pursuant to policies established by the appropriate authority:
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 such authority as he or she may deem necessary for the efficient
operation of the force to be exercised under his or her direction
and supervision;
E. Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month and make such other reports as may be requested
by such authority;
F. The provisions of N.J.S.A. 40A:14-118 are hereby incorporated herein.
[Added 11-8-2019 by Ord.
No. 2018-16]
A. Definition. As used in this section, the following terms shall have
the meanings indicated:
SUPERIOR OFFICER
A Sergeant, Lieutenant or any other position of higher rank
established by this code this with the exception of the Township's
Chief of Police.
B. Eligibility for promotion to Sergeant.
(1) Any current member of the Police Department holding the rank of patrolman
or higher who has served a minimum of five years as a full-time patrolman
with the Ocean Township Police Department is eligible to apply for
a promotion to Sergeant.
(2) Any
applicant must possess at least an associates college degree at the
time of application for promotion.
[Added 2-16-2021 by Ord. No. 2021-2]
C. Eligibility for promotion to Lieutenant or any other position of
higher rank.
(1) Any current member of the Police Department holding the rank of Sergeant
for a minimum of one year may be eligible for consideration to be
appointed as a Lieutenant or a position of higher rank established
by this Code with the exception of the Township's Chief of Police.
(2) Any
applicant must possess at least a bachelor's college degree at the
time of the application for promotion.
[Added 2-16-2021 by Ord. No. 2021-2]
D. Procedure.
(1) The Township Committee shall administer and determine when to implement
a promotional process for any superior officer position. Any and all
eligible candidates applying for promotion to a position of a superior
officer shall submit to a panel of Chiefs or former Police Chiefs
to be selected by the New Jersey State Association of Chiefs of Police
or such similar entity as the Township Committee may designate. Said
panel shall conduct interviews with all candidates seeking promotion
and shall provide a numerical grade for each candidate and rank them
in order from high to low. This process shall account for 40% of the
overall score.
(2) The Township Committee and Chief of Police shall conduct personal
interviews with the three highest scoring candidates and shall provide
a numerical grade between zero and 100, and rank them in order from
high to low. This portion of the testing shall account for 60% of
the final grade. Any candidate advancing to this stage must execute
a release authorizing any and all personnel records maintained by
the Township or the Police Department to be provided to the Township
Committee, Chief of Police and Township Administrator prior to their
interview.
(3) After completion of all interviews, the score provided for each candidate
by the New Jersey State Association of Chief's of Police shall
be multiplied by 40, while each score of each candidate interviewed
by the Township Committee and Chief shall be multiplied by 60. The
Township Committee, by majority vote, may select any of the three
candidates interviewed, regardless of their numerical score, for appointment
to a Superior Officers position. In the event no candidate receives
a majority vote of the Township Committee within 60 days from the
completion of the last interview, regardless of scoring, the position
shall remain vacant until such time as the Township Committee may,
in its discretion, conduct a new round of interviews of the top three
candidates as originally recommended by the panel. The Township Committee
may also, if it so chooses, arrange for a new panel of Chief's
or former Chiefs and begin the entire process anew.
E. Criteria.
(1) Among the criteria which shall be considered, in the promotional
process to a position of a Superior Officer are: seniority, educational
background, experience within Ocean Township, prior disciplinary record
and prior military service. The Township Committee may also consider
any other information it deems necessary.
F. Review process.
(1) At the conclusion of the promotional process, the Township Chief
of Police shall provide to the individuals applying for a promotion
the list, in order of scoring, of all candidates for promotion. Each
candidate shall have the opportunity to review any documents used
to evaluate their suitability for promotion. Said documents are available
for inspection and only relate to each individual candidate. Candidates
are not entitled to review any documents of other candidates.
[Added 2-13-2020 by Ord. No. 2020-1]
A. Police
Chaplain. The Position of Police Chaplain for the Township of Ocean
is hereby created in accordance with N.J.S.A. 40A:14-141. The position
of Police Chaplain shall be a volunteer position subject to the authority
of the Chief of Police.
B. Appointment.
The number of Police Chaplains appointed annually are within the discretion
of the Chief of Police and Township Committee. All Police Chaplains
shall be appointed by the Township Committee on recommendation from
the Chief of Police of such persons that meet the qualifications as
set forth in N.J.S.A. 40A:14-141.
C. Qualifications.
In order to qualify for appointment as a Police Chaplain, said individuals
must be an ordained clergyman/clergywoman in good standing with the
religious body from which he/she is selected.
D. Duties.
The duties of the Police Chaplain shall include, but not be limited
to:
(1) Be
available upon request to members of the Ocean Township Police Department,
their families, and the public in times of need for spiritual counseling.
(2) Assist
with guidance in such areas as ethics, human relations, family life,
and spiritual priorities.
(3) Assist
in enhancing public relationship and community outreach.
(4) Meet
with the Chief of Police and other police personnel on a regular basis
for the purpose of ongoing evaluation and development of programs.
E. Rank and
salary. The Police Chaplain shall serve in a voluntary role without
rank or salary.
F. Term of
office. Any person appointed as Police Chaplain shall serve at the
pleasure of the Township Committee for a period of one year from the
date of appointment.
[Added 2-16-2021 by Ord. No. 2021-1]
Applicants seeking employment to the Police Department as a
sworn law enforcement officer shall submit a nonrefundable fee with
the appropriate application form. The fee for such application shall
be set at a minimum of $50 but shall not exceed $100. The fee to be
charged for applicants seeking appointment to the Police Department
shall be set forth annually in a resolution adopted by the Township
Committee.