A.
There is hereby
established a Division of Police in the Department of Public Safety,
the official title of which shall be the "Police Division of the Township
of Union."
B.
Every member of
the police force shall, at all times, remain in a state of physical
and mental preparedness, allowing no other calling or business to
interfere with said preparedness. Although certain hours are allotted
to the members for the performance of duty on ordinary occasions,
at all times each member must be prepared to act immediately on notice
that his or her services are required.
Said Division shall be maintained and supported
through appropriation to be made by the Township Committee out of
general funds of the Township and such other fund as may be mandated
by New Jersey state statutes and/or regulations set forth by the Township
Committee of the Township of Union, in the County of Union, New Jersey.
Any such funds shall be included in the budget under the caption "Department
of Public Safety."
[Amended 11-27-2007 by Ord. No. 5033; 12-9-2008 by Ord. No. 5078; 2-23-2010 by Ord. No. 5127]
The Police Division shall consist of one Police
Director, one Deputy Chief, no more than three captains, seven lieutenants,
19 sergeants, 108 patrol officers and as many civilians as the Township
Committee deems necessary. Composition of the Division may be changed
from time to time, as required, in accordance with law.
[Added 2-23-2010 by Ord. No. 5127]
The duties of supervising and establishing the policies for
the operation of the Police Department and such other duties and responsibilities
as created by this article are hereby established. The Police Director
shall constitute the appropriate authority in accordance with N.J.S.A.
40A:14-118.
[Added 2-23-2010 by Ord. No. 5127; amended 12-22-2020 by Ord. No.
5687]
The Police Director and the Deputy Police Director shall be
appointed by the Township Committee and shall serve at the pleasure
of the governing body.
A.
The Police Director and the Deputy
Police Director may be removed from office at any time, with or without
cause; "for cause" is defined as:
B.
If the Police Director or the
Deputy Police Director is notified that he is to be removed for cause,
he may request a public hearing which shall be held not earlier than
15 days nor later than 30 days after his submission of his request
to the office of the Township Administrator. Within five days after
the submission of a request for a public hearing, the specification
of charges shall be supplied to the Police Director or Deputy Police
Director.
[Added 2-23-2010 by Ord. No. 5127; amended 12-22-2020 by Ord. No.
5687]
The salary of the Police Director and the Deputy Police Director
shall be as set forth in the salary ordinance adopted by the Township
Committee, as such ordinance shall be amended from time to time.
[Amended 12-22-2020 by Ord. No. 5687]
The Police Director shall be charged with the duties of supervising
and establishing the policies for the operation of the Police Department
and shall be directly responsible to the Township Committee for the
efficiency and operation of the Police Department. In the absence
of the Police Director, the Deputy Police Director shall exercise
and any and all powers vested in the Police Director, and shall perform
such other duties and functions as shall be designated by the Police
Director from time to time, including but not limited to:
A.
Assist the Police Director in
preparing the Department budget;
B.
Evaluate the effectiveness of
programs and procedures of all units within the Department for review
by the Police Director;
C.
Undertake special studies pertaining
to public safety functions;
D.
Establish and maintain relations
with civic and business organizations, schools, and other groups and
police agencies in other jurisdictions;
E.
Direct the establishment and
maintenance of records and files; and
F.
Identify and prepare grant proposals
for review and approval by the Police Director.
[Added 2-23-2010 by Ord. No. 5127]
The Police Director shall be the executive officer of the Police
Department and, under the supervision of the Township Committee, shall:
A.
Exercise such powers as set forth
in the applicable statutes, which shall specifically include the powers
granted to the appropriate authority, who shall be the Police Director,
pursuant to N.J.S.A. 40A:14-118, including but not limited to promulgation
and adoption of rules and regulations for the government of the Police
Department and discipline of its members.
B.
Be responsible for the efficiency
and day-to-day operations of the Police Department and be the person
to whom the Deputy Chief of Police shall directly report.
C.
Provide recommendations to the
Township Administrator and the Township Committee for the establishment
of ordinances to assist in the governance and management of the Police
Department.
D.
Provide monthly reports to the
Township Administrator and Township Committee concerning the state
of the Police Department during the preceding month in such form as
shall be prescribed by the Township Administrator. The Director shall
make such other reports as may be requested by the Township Committee.
E.
Issue special emergency directives,
as necessary, to protect the health, safety and welfare of the municipality
in an emergency.
F.
Receive daily reports or other
periodic reports, as designated by the Police Director, from the Deputy
Chief and Captains of Police, including but not limited to:
(1)
Budget and expenses.
(2)
Manpower allocations, including
overtime, vacation, sick and compensatory time accumulation and usage
reports for all personnel, as well as the schedules of the Deputy
Chief and Captains of Police.
(3)
Accident reports.
(4)
Incident reports.
(5)
Personnel-related issues.
[Added 2-23-2010 by Ord. No. 5127]
A graphic table of organization shall be maintained by the Police
Director to show the divisional structure of the Police Department,
subject to the approval of the Township Committee. The function and
duties of each position in the table of organization shall be defined
by policies established by the Police Director and be in accordance
with the job description for each position.
[Added 2-23-2010 by Ord. No. 5127]
Pursuant to N.J.S.A. 40A:14-118, the Police Director shall issue
any operations orders, general orders or standard operating procedures
or policies as the Director deems necessary for the efficiency and
operation of the Police Department.
There is hereby created and established a Bureau
of Parking within the Division of Police in the Township of Union
in the County of Union.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303; 2-23-2010 by Ord. No. 5127]
The Bureau of Parking shall operate under the
supervision and direction of the Police Director or his designee.
All parking-related functions, duties, responsibilities and programs
shall be as directed by the Police Director or his designee.
The Police Division shall be charged with the
responsibility of the operation of, but not limited thereby, the following
functions and services within the Bureau of Parking:
A.
Supervise and
maintain all vehicle parking areas under the jurisdiction of the Township
of Union.
B.
Supervise and
direct all personnel assigned to the Bureau of Parking.
C.
Prepare, maintain
and preserve all necessary records pertaining to the Bureau of Parking.
D.
Conduct all investigations,
surveys and reports directed by the Township Committee or Municipal
Administrator.
E.
Perform the various
tasks involved in the purchase, installation, removal, repair, maintenance
and adjustment of parking meters and appurtenances.
F.
Perform the various
tasks involved in the purchase, installation, removal, repair and
maintenance and signage and appurtenances associated with vehicle
parking.
G.
Provide for the
proper collection, safeguarding and reporting of all parking meter
fees.
H.
Provide for the
enforcement of all parking regulations pertaining to both on- and
off-street parking.
I.
Prepare weekly
and monthly financial and annual reports on the activities of the
Bureau of Parking furnishing the same to the Township Committee and
Municipal Administrator.
The Township Administrator shall appoint said
officers, personnel and callmen subject to the provisions of the statutes
relating to such appointments in municipalities operating under the
New Jersey Civil Service Act and in accordance with all New Jersey
state statutes governing such appointments. The Township shall use
residency as of the date of appointment in addition to residency as
of the closing date of the examination as the criteria for determining
residency for purposes of appointment to the position of police officer
or civilian.
The Division of Police and all its personnel
shall be under the control of the Police Director of the Police Division
and subject to the terms of this chapter and such rules and regulations
as may from time to time be promulgated by the Police Director of
the Township of Union with reference to the discipline of the members
of the Department, the training and efficiency of the personnel thereof
and the use and care of equipment. The rules, as herein authorized,
and all other Police Department ordinances, rules and regulations
and departmental orders, both verbal and written, shall apply to all
personnel volunteers, special police and personnel working jobs in
blue.
[1]
Editor’s Note: This ordinance also repealed original
§ 109-16, Chief of Police Division, of the 2004 Code, as amended.
[Added 2-23-2010 by Ord. No. 5127]
The Deputy Chief shall be the second in command of the Police
Division and shall perform such duties as assigned to him or her by
the Police Director, and shall enforce all ordinances, rules and regulations
and policies of the Police Division.
[Amended 3-22-1994 by Ord. No. 4303]
The Captain is responsible to the Chief of the
Police Division in command of his bureau or division and shall enforce
all ordinances, rules and regulations and policies of the Public Safety
Department.
The Lieutenant is responsible to the Captain
in command of his bureau, division or assignment.
The Sergeant is responsible to the Lieutenant
who is designated to oversee the particular project on which the Sergeant
is working. If no Lieutenant is designated, the next higher available
rank will oversee the Sergeant and will be the officer to whom the
Sergeant will report.
Police officers are responsible to their assigned
supervisor and are responsible for carrying out their assigned police
functions in accordance with departmental rules and regulations and
laws of the State of New Jersey.
In some instances, lower ranks will not report
to the next higher rank. In those instances where Department requirements
so dictate, lower ranks will report to the officer they are assigned
to report to.
The terms of office of the officers of the Police
Division shall be fixed by a resolution of the Township Committee,
except when such term is otherwise regulated by laws applying to municipalities
operating under the New Jersey Civil Service Act. The Township Committee
shall, either by resolution, ordinance or contractually, fix the hours
of duty and compensation of the officers, patrolmen and civilians
and shall also determine the conditions of employment in accordance
with all applicable laws and contracted agreements.
Identification cards and/or badges designating
office and/or rank shall be furnished to all personnel of the Police
Division.
[Amended 2-23-2010 by Ord. No. 5127]
A member resigning or retiring must notify the
Police Director and the Township Administrator, in writing, at least
14 days in advance. Anticipated retirements must be reported to the
Director and Township Administrator six months in advance if known
to the retiree.
[Amended 11-27-2007 by Ord. No. 5033]
All employees of the Police Division shall obey
all Township policies, Department policies and Department rules and
regulations.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303; 11-27-2007 by Ord. No. 5033; 12-9-2008 by Ord. No. 5078; 2-23-2010 by Ord. No. 5127]
A.
Notwithstanding any provision
contained in this chapter or in any amendments or supplements thereof
or in the rules adopted pursuant thereto, the Township Committee,
by the adoption of this section, hereby delegates to the Police Director
of the Police Division the authority to discipline members of said
Division and to impose punishment in individual instances in his discretion
in the following categories:
B.
A report of all minor suspensions
taken pursuant to this section shall be submitted by the Police Director
to the Township Administrator and the Township Committee. The Township
Administrator shall forward such reports as are required by law to
the New Jersey Civil Service Commission.
C.
Terminations, demotions, suspensions in excess of five days and fines exceeding the equivalent of five days' pay may be issued by the Police Director, with the approval of the Township Committee and forwarded to the Township Administrator, who shall forward a copy to the New Jersey Civil Service Commission. Hearings on penalties greater than five days shall be conducted by the Police Director or his or her designee, as set forth in § 131-4.
D.
Any disciplinary actions not
herein delineated shall be approved by the Township Committee.
[Amended 11-27-2007 by Ord. No. 5033; 2-23-2010 by Ord. No.
5127]
All employees of the Division are subject to the discipline in § 131-33, which shall be handled in accordance with Police Department policy on minor discipline. In addition to minor discipline, all Division employees shall be subject to suspension of greater than five days, demotion or dismissal from the Division upon notice and hearing before the Police Director or his or her designee, in accordance with the procedures of the New Jersey Civil Service Commission.
Every member of the Township of Union Police
Division is expected to operate in a highly self-disciplined manner
and is responsible to regulate his own conduct in a positive, productive
and mature way. It is the responsibility of all members of the Police
Division to become familiar with all rules and regulations as well
as all general and special orders governing the terms and conditions
of their employment. All rules, regulations and orders, as well as
the policy and procedures manual of the Township of Union, shall be
obeyed by every employee at all times.
[Amended 7-23-2019 by Ord. No. 5642]
There is hereby established a special police force in the Township
of Union in the County of Union. Such a force may consist of Class
One, Class Two and Class Three special law enforcement officers defined
as follows:
A.
Class One. Officers of this class
shall be authorized to perform routine traffic detail, spectator control
and similar duties. Class One officers shall have the power to issue
summonses, 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 Class One officer
shall be assigned any duties which may require the carrying or use
of a firearm.
B.
Class Two. Officers of this class
shall be authorized to exercise full powers and duties similar to
those of a permanent regularly appointed full-time police officer.
The use of a firearm by any officer of this class shall be authorized
only after the officer has been fully certified as successfully completing
training as prescribed by the Police Training Commission of the State
of New Jersey.
A.
The governing
body of the Township of Union in the County of Union may appoint such
Class One and Class Two special law enforcement officers for terms
not to exceed one year. The number of Class Two special police officer
appointments shall not exceed 60 persons.
B.
No person may
be appointed as a special law enforcement officer unless the person:
(1)
Is a resident
of the Township of Union for at least one year preceding such appointment,
except that the Chief of the Police Division may, at his discretion,
waive such residency requirement if the Chief of the Police Division
deems it to be in the best interest of the Township of Union.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
(2)
Is able to
read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
(3)
Is sound
in body and of good health.
(4)
Is of good
moral character.
(5)
Has not been
convicted of any offense involving dishonesty or which would make
him unfit to perform the duties of his office.
(6)
Has successfully
undergone the same psychological testing required of all full-time
police officers in the Township of Union.
C.
Every applicant
for the position of special law enforcement officer appointed shall
have fingerprints taken, which shall be filed with the Division of
State Police and the Federal Bureau of Investigation.
D.
Before any special
law enforcement officer is appointed, the Chief of the Police Division
shall ascertain the eligibility and qualifications of the applicant
and report these determinations in writing to the Township Committee.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
E.
The appointment
of a special law enforcement officer may be revoked for cause after
adequate hearing. A special law enforcement officer whose appointment
has been revoked will not be eligible for reappointment for at least
two years.
[Added 7-23-2019 by Ord.
No. 5642]
A.
Creation of position. In accordance
with the provisions of P.L. 1986, c. 2, of the New Jersey Statutes,
N.J.S.A. 40A:14-146.8 et seq., there is hereby created the position
of special law enforcement officer Class Three for the Township of
Union in the County of Union.
B.
Qualifications. In order to be
eligible for appointment to the position of a Special Law Enforcement
Officer Class Three, each applicant must:
(1)
Be a resident of this state
during the term of appointment;
(2)
Be able to read, write and
speak the English language well and intelligently and have a high
school diploma or its equivalent;
(3)
Be sound in body and of good
health;
(4)
Be of good moral character;
(5)
Have not been convicted of
any offense involving dishonesty or which would make him/her unfit
to perform the duties of this position;
(6)
Have successfully undergone
the same psychological testing that is required of all full-time police
officers in this municipality;
(7)
Be a retired law enforcement
officer who is less than 65 years of age; for the purposes of this
subsection, a law enforcement officer shall not be considered retired
if the officer's return to employment violates any federal or state
law or regulation which would deem the officer's retirement as not
being bona fide;
(8)
Have served as a duly qualified,
fully trained, full-time officer in any municipality or county of
this state or as a member of the State Police and was separated from
that prior service in good standing:
(9)
Be physically capable of
performing the functions of the position, determined in accordance
with Police Training Commission guidelines;
(10)
Possess a New Jersey Police
Training Commission basic police officer certification or New Jersey,
State Police Academy certification;
(11)
Have completed the training
course for safe schools resource officers developed pursuant to Subsection
a of Section 2 of P.L. 2005. c. 276 (N.J.S.A. 52:17B-71.8).
C.
Classification; powers and duties.
The classification of the special law enforcement officers shall be
based upon the duties to be performed by said officers and are established
as follows:
(1)
Special law enforcement Class
Three officers shall be authorized to exercise full powers and duties
similar to those of a permanent, regularly appointed full-time police
officer while providing security at a public school on the school
premises during hours when the public school is normally in session
or when it is occupied by public school students or their teachers.
While on duty in the jurisdiction of employment, an officer may respond
to offenses or emergencies off school grounds if they occur in the
officer's presence while traveling to a school facility, but an officer
shall not otherwise be dispatched or dedicated to any assignment off
school property. The use of a firearm by an officer of this class
shall be authorized pursuant to the provisions of Subsection b of
Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer
of this class shall not be authorized to carry a firearm while off
duty unless the officer complies with the requirements set forth in
Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retired law enforcement
officer to carry a firearm.
(2)
A special law enforcement
Class Three officer shall be employed only to assist the Police Department
with security duties at public schools and shall not supplant a law
enforcement officer employed pursuant to the provisions of N.J.S.A.
18A:17-43 or a safe schools resource officer employed pursuant to
the provisions of Section 3 of P.L. 2005, c. 276 (N.J.S.A. 18A:17-43.1).
(3)
A special law enforcement
Class Three officer appointed pursuant to the provisions of P.L. 1985,
c. 439 (N.J.S.A. 40A:14-146.8 et seq.) shall not, based on this appointment,
be eligible for health care benefits or enrollment in any state-administered
retirement system.
(4)
Payment shall be based on
an hourly rate.
D.
Compliance with legislation of
Police Department. All duly appointed special law enforcement officers
Class Three shall be subject to the rules and regulations governing
the Police Department of the Township of Union as adopted by previous
ordinances, including, by description but not limitation, the Standard
Operating Procedures Police Manual of the Township of Union.
E.
Supervision and direction.
(1)
A special law enforcement officer Class Three shall be under the supervision and direction of the Chief of Police of the Police Division or his designee and shall perform his/her duties only in the Township of Union, unless in fresh pursuit of any person pursuant to Chapter 195 of Title 2A of the New Jersey Statutes.
(2)
The special law enforcement
Class Three officer shall comply with the rules and regulations applicable
to the conduct and decorum of the permanent, regularly appointed police
officers of the Police Division, as well as any rules and regulations
applicable to the conduct and decorum of special officers.
F.
Training. No special law enforcement
officer Class Three shall commence his/her duties until he/she has
completed the training as required under N.J.S.A. 40A:14-146.11, as
amended from time to time.
G.
Uniforms. The uniform of special
law enforcement officer Class Three shall be determined by the Chief
of Police and shall be in compliance with N.J.S.A. 40A:14-146.12.
No person may commence his duties as a special
law enforcement officer unless he has successfully completed a course
of training approved by the Police Training Commission, and no special
law enforcement officer may be issued a firearm unless he has successfully
completed the basic firearms course approved by the Police Training
Commission for permanent regularly appointed police officers. A special
law enforcement officer cannot be reappointed unless he has successfully
completed the Division's firearms requalification requirements. No
special law enforcement officer shall carry a firearm when off duty.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Chief of the Police Division or his designee. A special law enforcement officer shall perform his duties only within the Township of Union, unless in fresh pursuit of any person pursuant to Chapter 195 of Title 2A of the Revised Statutes of the State of New Jersey.
A.
Every such member
of the special police force shall comply with the rules and regulations
governing the conduct and decorum of the regular members of the Police
Division.
B.
Appointment as
a special police officer will not be construed to constitute the officer
as a member of the regular Police Division.
[Amended 8-11-1992 by Ord. No. 4210]
Members of such special police force, while
on active duty, shall wear a uniform designed so as to clearly distinguish
them from the uniforms of full-time members of the regular police
force. They shall also bear an official insignia or badge of authority
indicating membership in said special police force.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303; 2-23-2010 by Ord. No. 5127]
Supervision and control of the special police
force shall be vested in an assigned officer in charge, who shall
be a member of the regular Police Department and who shall be appointed
by and subject to the direction of the Police Director of the Police
Division or his designee.
[Amended 8-11-1992 by Ord. No. 4210]
The special police force shall consist of only
special law enforcement officers. There shall be no rank structure
in said special police force.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303; 2-23-2010 by Ord. No. 5127]
All members of the special police force shall
be subject to all applicable rules and regulations of the Department
as may be promulgated from time to time by the Police Director.[1]
[1]
Editor’s Note: Original § 109-39, Work in blue,
of the 2004 Code, as amended, which immediately followed this section,
was repealed 4-10-2018 by Ord. No. 5578.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303; 2-23-2010 by Ord. No. 5127]
All special law enforcement officers shall be
prepared to serve the Township of Union as such in an official capacity
by devoting at least four hours weekly to police work of the Township
and such additional assignments as they may be called upon to perform
as designated by the Police Director. Such hours shall be served,
whenever possible, in accordance with an assigned schedule each and
every week rather than upon a cumulative basis. Relief from Township
duty hours shall be had only upon application, in writing, to the
Police Director.
[Added 3-28-2006 by Ord. No. 4941; amended 7-8-2009 by Ord. No. 5113; 10-27-2009 by Ord. No. 5117; 2-23-2010 by Ord. No.
5127]
A.
For the convenience of those
persons and entities which utilize the services of off-duty law enforcement
officers of the Township of Union Police Department, and to authorize
the outside employment of municipal police while off-duty, the Township
of Union hereby establishes a policy regarding the use of said officers
in compliance with N.J.S.A. 45:19-9 et seq., as amended by the Security
Officers Registration Act, P.L. 2004, c. 134.
(1)
Members of the Township of
Union Police Department, at their option, shall be permitted to accept
police-related employment for private employers, who are separate
and independent from the Township of Union, only during off-duty hours
and at such time as will not interfere with the efficient performance
of regularly scheduled or emergency duty of the Township.
(2)
Any person or entity wishing
to employ off-duty police shall first obtain the approval of the Police
Director or his or her designee, which approval shall be granted if,
in the opinion of the Police Director or his or her designee, such
employment is necessary and would not be inconsistent 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.
B.
Trust Account.
(1)
To assure the timely payment
of wages to police officers who perform off-duty services, and to
meet the requirements of the Fair Labor Standards Act, the Township
of Union has established a trust fund known as the "Off-Duty Employment
Trust Account," which trust fund is dedicated for the receipt of fees
collected from private persons or entities for the payment to police
officers for off-duty or outside employment services. The Off-Duty
Employment Trust Account shall be administered by the Accounts Office
of the Township of Union, which shall make a report to the Township
Committee every 90 days regarding said account.
(2)
Any person or entity requesting the services of an off-duty law enforcement officer in the Township of Union shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Police Director or his or her designee, and upon Police Director approval, a copy of said approval shall be forwarded to the Accounts Office of the Township of Union. The person or entity requesting the services shall then forward payment for services for the total estimated hours of service, the rates of compensation and administrative fees as set forth in Subsection D to the Accounts Office for deposit in a Trust Account within the Off-Duty Employment Trust Account.
(3)
In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees set forth in Subsection D for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
(4)
Prior to posting any request
for services of off-duty law enforcement officers, the Police Director
or his or her designee shall verify that the balance in the Trust
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 for services. The Police Director or his or her designee
shall not post a request for services from any person or entity unless
all fees and compensation required in the manner described above have
been deposited in the Off-Duty Employment Trust Account. All payments
must be remitted directly to the Township for said account. No officer
shall be paid directly by any employer for requested services nor
provide any such services for more hours than are specified in the
request for services.
(5)
In the event that the funds
in such a Trust Account should become depleted, services of off-duty
law enforcement officers shall cease, and further requests for further
or future services shall not be performed or posted until additional
funds have been deposited in the Trust Account in the manner prescribed
above. In the event of an unforeseen emergency situation that would
require an officer to remain beyond the time for which funds have
been posted, the Police Director or his or her designee may waive
the requirement for posting additional funds after the first 10 hours
for any person or entity exhibiting a previous satisfactory payment
history. However, payment for the additional hours shall be made by
the person or entity requiring the extended service within 48 hours.
(6)
The person or entity requesting
such services shall be responsible for ensuring that sufficient funds
remain in the Trust Account in order to avoid any interruption of
services.
(7)
Exemption. All public utility
companies that are under the jurisdiction of, and regulated by, the
New Jersey Board of Public Utilities are exempt from the provisions
set forth in this section requiring advance payment to the Trust Account;
provided, however, that there are no amounts previously due that are
outstanding for a period in excess of 30 days. Any such delinquent
balances shall require advance payment of the amount outstanding prior
to any officer engaging in any further off-duty assignments.
(8)
Four-hour minimum for all
construction jobs booked and cancelled.
[Added 2-28-2023 by Ord.
No. 5756]
(9)
For scheduled jobs, once
the vendor establishes a contract with the Jobs Office by requesting
an officer for an allotted time slot (e.g., 0900-1700), the vendor
will be responsible, at a minimum, for the amount due on the original
hours booked. Should the vendor exceed the initial hours booked, the
vendor will be charged on hourly increments.
[Added 2-28-2023 by Ord.
No. 5756]
(10)
If a vendor will exceed
the original hours booked, and the assigned officer cannot stay the
additional hours, the vendor will be charged a minimum of four hours
for a newly assigned replacement officer.
[Added 2-28-2023 by Ord.
No. 5756]
C.
Requests for services.
(1)
All requests to the Township for services of off-duty law enforcement officers in the Township of Union Police Department for a period of one week or longer shall be forwarded to the Police Director or his or her designee for posting at least 10 days before such services are required. Any law enforcement officers, when so employed by private employers, shall be compensated at the rate set forth in Subsection D hereafter.
(2)
All requests to the Township for services of off-duty law enforcement officers in the Township of Union Police Department for a period of less than one week shall be forwarded to the Police Director or his or her designee for posting as soon as practicable, but in no event less than 24 hours before such services are required, except in emergency situations. Any law enforcement officers, when so employed by private employers, shall be compensated at the rates set forth in Subsection D hereafter.
(3)
In emergency situations, requests to the Township for the services of off-duty law enforcement officers in the Township of Union Police Department shall be made as necessary to the Police Director or his or her designee, who shall make every effort to accommodate such request in a reasonable manner in his or her discretion. Any law enforcement officers, when so employed by private employers, shall be compensated at the rates set forth in Subsection D hereafter.
D.
Rates of compensation; administrative
fee; payment for services. Rates of compensation for contracting the
services of off-duty law enforcement officers are established as follows:
[Amended 9-8-2010 by Ord.
No. 5159; 4-10-2018 by Ord. No. 5578; 2-28-2023 by Ord. No. 5756]
(1)
Rate of compensation for
police officer for inside employment: $45 per hour, gross pay before
taxes. An additional $10 per hour shall be added for inside employment
on the following days: Christmas Eve, Christmas, Easter, Black Friday,
Thanksgiving, New Year's Eve, New Year's Day and July 4.
(2)
Rate of compensation for
police officer for construction: $75 per hour, gross pay before taxes.
An additional $15 per hour shall be added for construction jobs scheduled
less than 24 hours in advance (emergency jobs), or jobs scheduled
for the weekends or jobs that are scheduled to commence after 1900
hours.
(3)
Rate of compensation for
traffic duty: $55 per hour, gross pay before taxes.
(4)
Rate of compensation for
security for Board of Education: $45 per hour, gross pay before taxes.
(5)
Rate of compensation for
strike duty: $55 per hour, gross pay before taxes.
(6)
Rate of compensation for
special detail security, defined as temporary security details not
from an established full-time vendor: $75 per hour, gross pay before
taxes.
(7)
The off-duty compensation
of work in blue for grants provided by the State of New Jersey Division
of Highway Traffic Safety, for such programs known as "Click It or
Ticket," "Pedestrian Safety," DWI, and other similar programs promulgated
by the state, should be fixed at a rate of $50 per hour or the rate
per hour, if set forth in the terms of the grant.
(8)
Additional fee of 10% per
officer hour is hereby established to cover the administrative costs,
overhead and out-of-pocket expenses of the Township of Union. This
fee shall not apply to the Township of Union Board of Education.
(9)
All off-duty employment law
enforcement officers shall be guaranteed a minimum of four hours and
be compensated for any fraction thereof or whole hour in addition
thereto.
(10)
Rate of compensation for
usage of a Department vehicle shall be $25 per hour for construction
and special detail, $15 per hour for security, except that if the
Township of Union is paying for any road improvement job, such fee
shall be waived.
E.
Cancellation. In the event that the person or entity requesting the off-duty law enforcement officers fails to contact the Township of Union at least two hours prior to the scheduled start time to cancel the job, or the officer works less than four hours and the job is completed, the officer is entitled to be paid for the minimum of four hours at the rate of compensation set forth in Subsection D.
F.
Public emergency. The Police
Director or his or her designee shall have the authority to order
any police officer engaged in off-duty assignments within the Township
to respond to an emergency situation within the Township of Union.
The Police Director 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 Township of Union.
In the event that a police officer is assigned to an emergency situation,
the Police Director or his or her designee shall make note of said
off-duty assignment. In any situation where an off-duty police officer
is called to an emergency situation, said person shall not be responsible
for the payment of the officer's hourly rate, administrative fee or
any other fees to the Township of Union until such time as said police
officer and/or equipment returns to the assignment of off-duty employer.
G.
The Police Department Policy
and Procedures shall be revised to be in compliance with this section
and N.J.S.A. 45:19-9 et seq., as amended by P.L. 2004, c. 134.
