[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 10-24-2007 by Ord. No. 1426. Amendments noted where
applicable.]
[Amended 8-23-2012 by Ord. No. 1606; 5-2-2013 by Ord. No. 1615; 3-11-2021 by Ord. No. 2021-09]
A.
There is hereby created as an executive and enforcement function
of the Borough, pursuant to N.J.S.A. 40A:14-118, a Department of Police,
which may consist of the following positions: one Chief; three Lieutenants;
four Sergeants; seven patrolmen, and other such special police officers
and civilian personnel as the Mayor and Borough Council may determine
necessary for the effective function of the Department.
B.
The Police Department shall, pursuant to law, preserve the public
peace, protect life and liberty; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Borough of Seaside
Park; 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. The Police Department shall be located
in the Municipal Building in the Borough of Seaside Park or such Police
Headquarters as established by the Borough governing body.
[Amended 8-28-2014 by Ord. No. 1655]
The Mayor and Council shall be the appropriate authority over
the Seaside Park Police Department and shall possess all powers, duties
and responsibilities conferred upon the appropriate authority by N.J.S.A.
40A:14-118 and general law. The Mayor and Council shall promulgate
rules and regulations for the government of the force and the discipline
of its members, shall supervise the Chief of Police with respect to
the efficiency and routine day-to-day operations of the Department
and shall establish policies as it deems necessary to ensure the proper
and effective delivery of police services within the Borough. Nothing
in this chapter shall prevent the Mayor and Council, as appropriate
authority, from examining at any time the operations of the police
force or the performance of any officer or member thereof. In addition,
nothing herein contained shall infringe on or limit the power or duty
of the appropriate authority to act to provide for the health, safety
or welfare of the municipality in an emergency situation through special
emergency directives.
[Added 8-27-2008 by Ord. No. 1457]
The appropriate authority has recommended to the governing body
adoption of rules and regulations for the good and efficient operation
of the Seaside Park Police Department.
A.
Adoption. The "Rules and Regulations, Seaside Park, Department of
Police, Ocean County, New Jersey, dated August 13, 2008" is hereby
adopted.
B.
Amendments. The Rules and Regulations of the Seaside Park Department
of Police may be amended and supplemented by resolution of the governing
body from time to time as hereinafter provided.
C.
Procedure for amendments. The appropriate authority, upon deeming
amendments or supplements to the rules and regulations to be necessary
or appropriate, shall recommend to the Municipal Clerk, with notice
to the Borough Attorney, that proposed amendments be considered for
adoption by resolution of the governing body in accordance with the
procedure established for the setting of agendas and conduct of public
meetings.
D.
Copies. Copies of the Rules and Regulations of the Seaside Park Department
of Police shall be kept on file in the office of the Municipal Clerk
and in the office of the Chief of Police. A copy shall be made available
to each member of the Police Department. The Chief of Police shall
be responsible for distributing copies of the rules and regulations
to special law enforcement officers and any civilian employees as
the Chief deems appropriate, or ensuring that said special officers
and civilian employees are familiar with the contents thereof.
The following shall constitute the line of authority relating
to the police function as required by N.J.S.A. 40A:14-118:
A.
Chief of Police.
(1)
The Chief of Police shall possess those powers and duties set forth
at N.J.S.A. 40A:14-118 and shall be the head of the police force and
directly responsible to the appropriate authority for the efficiency
and routine day-to-day operations thereof. The Chief of Police shall,
pursuant to policies established by the appropriate authority:
[Amended 8-28-2014 by Ord. No. 1655]
(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 of his or her 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; and
(e)
Report at least monthly to the appropriate authority in such
form as shall be prescribed by the appropriate authority on the operation
of the force during the preceding month, and make such other reports
as may be requested by the appropriate authority.
(2)
It is the duty of the Chief of Police to cause public peace to be
preserved and to see that all laws and ordinances, written orders,
resolutions, collective bargaining agreements and policies of the
Borough pertaining to the Police Department are properly complied
with. He or she shall faithfully and properly obey and cause all the
personnel under him or her to obey all rules, regulations, resolutions,
orders and policy directives which may from time to time be prescribed
by the appropriate authority and/or the Mayor and Council, as appropriate.
(3)
The Chief of Police shall also interact with local citizens, taxpayers,
the local school district, community organizations or groups, senior
citizen organizations, commercial businesses, and neighborhood groups
to attempt to develop a cooperative relationship with the Borough.
The Chief shall also evaluate unique or special security needs and
otherwise develop and foster a positive image of the Borough and Police
Department within the Borough.
(4)
The Chief of Police shall be entitled to such salary, benefits and
emoluments as the Mayor and Council may determine by further ordinance
or resolution.
B.
Lieutenant of Police. Immediately subordinate to the Chief of Police
in the line of authority is the Lieutenant of Police, who shall assist
the Chief in the administration of the Department and who shall perform
such duties and responsibilities as may be assigned by the Chief or
as may be set forth in departmental rules and regulations or otherwise
imposed by law. In the absence of the Chief of Police, the senior
ranking Lieutenant shall perform and possess the powers of the Chief.
C.
Sergeant of Police. Immediately subordinate to the Lieutenant of
Police in the line of authority is the Sergeant of Police, who shall
perform such duties and responsibilities as may be assigned through
the chain of command by the Chief of Police, or the Lieutenant of
Police or as may be set forth in departmental rules and regulations
or otherwise imposed by law.
D.
Patrolman. Immediately subordinate to the Sergeant of Police in the
line of authority is the position of patrolman, who shall perform
such duties and responsibilities as may be assigned through the chain
of command by the Chief of Police, the Lieutenant of Police or the
Sergeant of Police, or as may be set forth in departmental rules and
regulations or otherwise imposed by law.
A.
To be eligible for appointment as a sworn officer to the Police Department
of the Borough of Seaside Park, an applicant must be a citizen of
the United States of America and a resident of the state of New Jersey,
must be of good moral character and must satisfy all other tests and
qualifications established by N.J.S.A. 40A:11 et seq., this chapter,
and the rules and regulations of the Police Department. All such applicants
must be in good health, sound in body and mind and certified by the
police physician to be physically and mentally capable of performing
the duties required of a police officer. All applicants must meet
the statutory age requirements and shall be examined by the police
physician. No applicant shall be eligible for appointment to the Police
Department of the Borough unless he or she has earned a high school
diploma or its equivalency.
B.
The Borough of Seaside Park operates and is subject to the jurisdiction
of the State of New Jersey Department of Personnel (formerly Civil
Service). The employment of all employees of the Borough Police Department
is expressly subject to all statutory provisions and administrative
code provisions governing the State of New Jersey Department of Personnel,
and other applicable general law, including ordinances and resolutions
of the governing body.
C.
All appointments to the Police Department shall be made by the Mayor
with the advice and consent of Council pursuant to N.J.S.A. 40A:60-5g
and following input from the Chief of Police. Each such appointee
shall receive such salary, benefits and emoluments as may be provided
by collective bargaining agreement, ordinance or resolution of the
Mayor and Council.
D.
Alternate Route Program.
[Added 8-10-2023 by Ord.
No. 2023-08]
(1)
The Alternate Route Program is a discretionary program that authorizes
the Borough to hire individuals who have successfully completed a
full Basic Course for Police Officers (BCPO) training course at a
school approved and authorized by the New Jersey Police Training Commission.
Individuals who are enrolled in or who have successfully completed
the academy portion of the Alternate Route Program will be eligible
to apply for an entry-level position with Borough of Seaside Park.
(2)
Appointments of entry-level law enforcement officers may, at the
sole discretion of the appointing authority, be made in accordance
with the provisions of N.J.S.A. 52:17B-69.1 and N.J.S.A. 11A:4-1.3.
The Chief of Police may, in his or her discretion, assign sworn
members of the Police Department to the nonranking positions of detective,
juvenile officer, identification officer and traffic officer. Upon
such assignment, said individual shall be entitled to any additional
compensation provided by collective bargaining agreement.
Promotions to the ranks of Sergeant, Captain, Lieutenant or
Chief shall be made in accordance with all applicable statutes and
Administrative Code regulations governing the State of New Jersey
Department of Personnel appointments.
A.
The Mayor, with the advice and consent of the Council, shall appoint
such number as may be approved of special police officers available
for assignment to active police duty subject to eligibility criteria
and limitations set forth in the Special Law Enforcement Officers'
Act, N.J.S.A. 40A:14-146.8 et seq.
B.
Classification of special police officers. There shall be the following
two classes of special police officers pursuant to law:
(1)
Class 1: 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 offenses,
petty disorderly persons offenses, violations of municipal ordinances
and violations of N.J.S.A. 39:1-1 et seq. 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.
(2)
Class 2: Officers of this class are authorized to exercise full powers
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.
D.
Not members of Police Department. No special police officer, by virtue
of his appointment as such, shall be or become a member of the Police
Department.
E.
Use of firearms and equipment limited. No special police officer
shall wear the police uniform except while actually on duty, nor shall
any special police officer carry any police equipment in a private
vehicle unless reporting to or returning from duty.
F.
Use of private vehicle restricted. No special police officer shall
use his private vehicle on official police business unless directly
ordered to do so by the Chief of Police, or one acting on his behalf.
G.
Compliance with rules and regulations. Every special police officer,
while on duty, shall abide by all the rules and regulations of the
Police Department. Any violation of the rules and regulations where
the penalty for a police officer is a suspension or dismissal, may
result in the immediate dismissal of the special police officer.
No regular member of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than as provided
in the New Jersey statutes, Administrative Code provisions, and the
Police Department's Rules and Regulations.
All applicants for positions in the Police Department, except
the police physician and special officers, must be residents of the
Borough of Seaside Park if they are candidates for permanent police
officer positions. This chapter is authorized by N.J.A.C. 4A:4-4.7(a)(7)
and requires residency from the closing date of the civil service
examination which must be maintained at least until the date of appointment
to a current position in the Borough's Police Department.
The Mayor and Borough Council of the Borough of Seaside Park
hereby find and declare as follows:
A.
The Attorney of the State of New Jersey and the New Jersey Division
of Local Government Services have determined that members of a municipal
Police Department may, during their off-duty hours, engage in police-related
activities for private persons or entities. Pursuant to the laws of
the State of New Jersey, a municipality may agree to implement a system
whereby the off-duty assignments of police officers are arranged through
a contract between the municipality and the private person or entity.
B.
The contact between the municipality and private person or entity
must include a provision whereby the compensation for off-duty police-related
services is placed in a fund established by the municipality, with
the proceeds of said fund being disbursed by the municipality to the
individual police officers performing such services.
C.
It is in the best interest of the Borough of Seaside Park to establish
a procedure for the assignment of off-duty police services which will
allow for the greater protection of the citizens of the Borough.
A.
Any person or entity requesting the services of an off-duty police
officer shall submit said request to the Police Chief for approval
which shall be granted if, in the opinion of the Police Chief, such
employment would be consistent with the efficient functioning and
good reputation of the Police Department and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work. Nothing in this section shall be construed as
limiting the power of the Police Chief to accept or reject any and
all assignments with any private person or entity.
B.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
C.
Should the costs for off-duty services amount to less than the amount
deposited, the Police Chief, or designee, shall, upon termination
of the contract and receipt of the final certified time slips, arrange
for the return of all unused funds to the private person or entity.
A.
Any private person or entity requesting the services of any off-duty
police officers for off-duty police-related activities shall be required
to enter into a contract with the Borough of Seaside Park. Said contract
shall provide for the payment of a deposit in advance by the private
person or entity for the services to be performed and shall include
the nature of duties to be performed, the location of said duties,
the date and hours of services, the rate of payment for personnel,
administrative fees, and fees for the use of Borough-owned equipment.
B.
The Police Chief, or designee, is hereby authorized on behalf of
the Borough of Seaside Park to enter into contracts for off-duty police
services pursuant to this chapter.
A.
Prior to assigning any police officer to off-duty service, the Police
Chief, or designee, shall verify that the balance in the escrow account
of the person or entity requesting services is sufficient to cover
the compensation and fees for the number of hours specified in the
request. The Police Chief shall not assign any off-duty police officers
unless all fees and compensation required in the manner described
above have been deposited. No officer shall provide any such services
for more hours than are specified in the request for services.
B.
Police officers assigned to perform off-duty services shall submit
required documentation to the Police Chief, or designee, upon completion
of assignment.
C.
Upon receipt of required documentation, the Police Chief, or designee,
shall authorize payment to the police officer for assigned and performed
off-duty services at the next regularly scheduled pay date.
A.
Any police officer assigned to perform off-duty services shall perform
such services as an employee of the Borough and shall be subject to
the established rules and regulations of the Police Department.
B.
Payment to police officers for off-duty police services shall be
made from the Borough's payroll account in accordance with established
payroll procedures.
A.
The rate of compensation for off-duty police services shall be the
rate provided for such services in the current collective bargaining
agreement between the Borough of Seaside Park and P.B.A. Local 182,
or if no rate for these services is specifically provided, the rate
shall be 1 1/2 times the calculated hourly rate for top police
officer pay scale reflected in the current collective bargaining agreement.
B.
An additional administrative fee equal to 15% of the above shall
be paid to the Borough to cover social security contribution, workers'
compensation insurance, and other costs associated with the assignment
of off-duty police officers.
C.
The fee for a patrol vehicle used for off-duty services shall be
$10 per hour.
Each private person or entity employing off-duty police officers
pursuant to this chapter shall be responsible to maintain their own
insurance coverage. Each private person or entity shall be required
to name the Borough of Seaside Park as an additional insured. Said
insurance coverage shall include general liability and nonowner automobile
and shall be in an amount of not less than $1,000,000 per occurrence/$2,000,000
annual aggregate. Said insurance coverage shall provide for coverage
of any and all police officers, vehicles and/or equipment that is
utilized in the off-duty assignment. Proof of said insurance coverage
shall be provided to the Police Chief, or designee, and approved by
the Borough Attorney as to form prior to the assignment of any off-duty
police officers to said private person or entity.
Each private person or entity requesting the services of off-duty
police officers shall indemnify the Borough of Seaside Park for any
and all damages which may arise from the off-duty police officer's
employment by said private person or entity.
The Police Chief, or his or her designee, shall have the authority
to order any police officer, engaged in off-duty assignments within
the Borough of Seaside Park, to respond to an emergency situation
with the Borough. The Police Chief, or his or her designee, shall
also have the right to order any off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or the citizens of
the Borough of Seaside Park. In the event a police officer is assigned
to an emergency situation, said private person or entity shall make
note of said emergency situation, as well as the time said officer
was removed from said off-duty assignment. In any situation where
an off-duty officer is called to an emergency situation, said private
person or entity shall not be responsible for the payment of the officer's
hourly rate, administrative fee, or any other fees to the Borough
until such times as such police officer and/or equipment returns to
the off-duty assignment.
