Township of Andover, NJ
Sussex County
[HISTORY: Adopted by the Township Committee of the Township of Andover by Ord. No. 94-6 (Ch. IV of the 1973 Code); as amended through Ord. No. 99-18. Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Administration — See Ch. 3.

Personnel policies — See Ch. 115.

§ 119-1
Establishment.  

§ 119-2
Power and duties of Department. 

§ 119-3
Designation of appropriate authority. 

§ 119-4
Power and duties of Chief of Police. 

§ 119-5
Qualifications for appointment. 

§ 119-6
Suspension or removal of members or officers. 

§ 119-7
Special law enforcement officers. 

§ 119-8
Contracted off-duty employment.  

§ 119-9
Effect on previous procedures, rules, regulations and orders. 

§ 119-1 Establishment.

[Amended 11-26-2002 by Ord. No. 2002-29]

There is hereby created in and for the Township of Andover, a Police Department which shall consist of a Chief of Police, one Lieutenant, three Sergeants and no more than 10 police officers. The Township Committee shall determine the compensation for each position.

§ 119-2 Power and duties of Department.

The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Andover; 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.

§ 119-3 Designation of appropriate authority.

[Amended 8-14-2002 by Ord. No. 2002-21; 9-11-2002 by Ord. No. 2002-24; 4-14-2004 by Ord. No. 2004-6; 10-27-2004 by Ord. No. 2004-18]

Pursuant to N.J.S.A. 40A:14-118, the governing body is the appropriate authority. The appropriate authority shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 119-4 Power and duties of Chief of Police.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for its efficiency and routine day-to-day operations. Pursuant to policies established by the appropriate authority, the Chief of Police shall:

A. 

Administer and enforces rules and regulations and special emergency directives for the disposition and discipline of the Police Department and its officers and personnel;

B. 

Have, exercise and discharge the functions, powers and duties of the Police Department;

C. 

Prescribe the duties and assignments of all subordinates and other personnel;

D. 

Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision; and

E. 

Report at least monthly to the appropriate authority in such forms as shall be prescribed by such authority on the operation of the Police Department during the preceding month, and make such other reports as may be requested by such authority.

§ 119-5 Qualifications for appointment.

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes. The Township Committee may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.

§ 119-6 Suspension or removal of members or officers.

No member or officer of the Police Department shall be suspended, removed or fined for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey statutes and the Police Department's rules and regulations.

§ 119-7 Special law enforcement officers.

The Township Committee may appoint from time to time special law enforcement officers in accordance with New Jersey statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department including the carrying of firearms and the power of arrest.

§ 119-8 Contracted off-duty employment.

[Amended 11-12-2003 by Ord. No. 2003-18]
A. 

Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Andover Township Police Department (Police Department) and to authorize the outside employment of Township police while off-duty, the Township hereby establishes a policy regarding the use of said officers.

(1) 

Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township.

(2) 

Any person or entity wishing to employ off-duty police shall first obtain the written approval of the Chief of Police, which approval shall be granted if in the sole opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and officer or officers who are to perform the work.

B. 

Escrow accounts.

(1) 

Any person or entity requesting the services of an off-duty law enforcement officer shall obtain approval of the Chief of Police by providing an estimate of the number of hours such law enforcement services are required, establishing an escrow account with the Township Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D hereof for the total estimated hours of service, as well as any additional escrow amounts as may be required.

(2) 

Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his 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 for services. No services shall be performed by any off-duty law enforcement officer unless all fees and compensation required in the manner described above have been deposited with the Township Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.

(3) 

In the event the funds in the escrow account become depleted, the services of off-duty law enforcement officers shall cease, and continuing services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.

(4) 

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. 

Requests for services. All requests to the Township for the services of off-duty law enforcement officers in the Andover Township Police Department shall be forwarded to the Chief of Police for posting at least 10 days before such services are required. Any law enforcement officers, when so employed by the Township, shall be treated as an employee of the Township; provided, however, that wages earned outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours for outside employment be considered in any way compensable as overtime.

[Amended 10-27-2008 by Ord. No. 2008-18]

D. 

Rates of compensation; administrative fee; payment for services.

(1) 

Rates of compensation for contracting the services of off-duty law enforcement officers shall be based on a rate as close to that of time and one-half of Step 3 Sergeants.

(2) 

An additional fee of $5 per hour is hereby established to cover administrative costs, overhead, and out-of-pocket expenses of the Township of Andover.

[Amended 8-25-2008 by Ord. No. 2008-13]

(3) 

Payment to off-duty law enforcement officers for outside employment shall be made through the Township payroll process and shall be made on a separate check and shall not be added to the base pay.

E. 

Indemnification and hold harmless. Prior to the performance of services by any off-duty law enforcement officer, the person or entity requesting such services shall agree, in writing, to defend, indemnify and hold harmless Andover Township, its officers, officials, agents and employees from any and all liability, claims, losses, suits, actions, demands, damages, costs and attorneys' fees that may arise as a result of activities or actions of such officers which arise from the police officers' employment.

F. 

Insurance. The person or entity requiring such services shall provide Andover Township, prior to utilization of the Township police officer, with a certificate of insurance from an insurance company acceptable to the Township evidencing:

(1) 

Workers' compensation and employer's liability coverage in accordance with the laws of the State of New Jersey; and

(2) 

Commercial general liability insurance with limits of $1,000,000 per occurrence and $2,000,000 general aggregate; combined single limit for bodily injury and property damage; including premises/operations, broad-form contractual liability and personal and advertising injury.

§ 119-9 Effect on previous procedures, rules, regulations and orders.

All rules, regulations, procedures and orders previously adopted by the Township Committee by resolution not in conflict with the provision of this amended chapter shall remain in force.