[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-1992 by Ord. No. 1992-8]
A Police Department shall be and the same is hereby created and established in the Township of Lumberton, County of Burlington and State of New Jersey.
The official name of said Police Department shall be "Lumberton Township Police Department."
This article shall be known by the short title of and may be cited as "Township of Lumberton Police Department Ordinance."
The words "he" and "his" shall be taken to also mean and include the words "she" and "hers," and said words shall, for the purposes of this article, be interchangeable with each other, and the words "special policeman" shall also be taken to mean and include the words "special policewoman," and said words shall, for the purposes of this article, be interchangeable with each other.
[Amended 4-15-1996 by Ord. No. 1996-6; 5-3-2004 by Ord. No. 2004-16; 7-10-2018 by Ord. No. 2018-18]
The Lumberton Township Police Department shall consist of a Chief of Police, who shall be the head of the Department; a Captain; two Lieutenants of Police; five Sergeants of Police; five Corporals of Police; and a number of Patrol Officers not to exceed 21, to be appointed by the Township Committee. In addition, two Special Officers may be appointed on an annual basis in accordance with the provisions of state statute.
Supervisor of Police Department. New Jersey Statutes Annotated (N.J.S.A.) 40A:14-118 provides that any ordinance creating and establishing a Police Department shall provide that the Chief of Police, if such position is established, shall be the head of the police force and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof. This chapter does establish the position of Chief of Police as set forth in Subsection C below. New Jersey Statutes Annotated (N.J.S.A.) 40A:14-118 further provides that the term "appropriate authority" is permitted to include the governing body or any designated committee or member thereof, or other appropriate executive or administrative officer. The Township Committee of the Township of Lumberton hereby determines that it shall select and appoint the Township Administrator to serve as the "appropriate authority" to supervise the Police Department and as the person to whom the Chief of Police shall be directly responsible for the efficiency and routine day-to-day operations thereof. This person shall be known as the "Police Department Supervisor." Said Supervisor shall recommend rules and regulations for the conduct and operation of the Department, to be adopted by the Township Committee; shall have the authority to recommend that the Chief of Police bring disciplinary charges against individual officers in such cases where the same is deemed to be warranted by the Supervisor; shall have authority to discipline the Chief of Police (in which case the governing body shall serve or shall appoint someone to serve as the hearing officer on such disciplinary action); and shall, in all other respects, serve as the person with whom the Chief of Police shall communicate and from whom the Chief of Police shall take his orders and directives regarding policy matters.
Chief of Police. The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Police Department Supervisor for the efficiency and day-to-day operations of the Department. Pursuant to policies established by the Police Department Supervisor and adopted by the Township Committee, the Chief of Police shall:
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers.
Have, exercise and discharge the functions, powers and duties of the Police Department.
Prescribe the duties and assignments of all members and officers.
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department, to be exercised under the Chief's direction and control.
Report at least monthly to the Police Department Supervisor, in such form as shall be prescribed by him or her, on the operation of the force during the preceding month, and make such other reports as may be requested by said Supervisor.
From time to time, make such measures as he may deem necessary for the preservation of peace and good order and the enforcement of all laws and ordinances within the Township of Lumberton.
Instruct all members of the Police Department and special police in their duties, and give particular attention to the instruction and training of members of the Department and special policemen.
Supervise all members of the Department and the performance of their duties.
Keep and/or supervise the keeping of all reports and records concerning the activities of the Department.
Confer with the Police Department Supervisor as to the activities of the Police Department during the previous calendar month, and shall in the report required under Subsection C(5) also make such recommendations as he shall deem advisable and appropriate for the betterment and improvement of the Department.
Act as the hearing officer in matters of minor discipline.
Be directly responsible for the conduct, efficiency and management of the Department, etc.
All members of the Police Department shall be appointed by the Township Committee of the Township of Lumberton and shall, after their appointment and confirmation, subject to the provisions of this article, serve a probationary period of one year, during which time their performance shall be evaluated by the Chief of Police who, upon the conclusion of said one-year period, shall make a recommendation to the Police Department Supervisor and the Township Committee regarding permanent status of the particular officer and/or employee. During said probationary period, and until such time as the Township Committee makes a decision regarding the permanent employment of said employee, even if said decision is not made until after the expiration of one year, said employee shall serve at the pleasure of the Township Committee and may be terminated without cause.
Upon appointment to permanent employment by the Township Committee, following the successful completion of the probationary period described above, the officers shall hold their respective offices and continue in their respective employment during good behavior until retirement, death, voluntary resignation or removal for lawful cause as provided by statute.
[Added 12-20-2011 by Ord. No. 2011-12-014; amended 6-26-2018 by Ord. No. 2018-15]
The Township Committee has consulted with police personnel and the Township Attorney and has determined the Police Department Written Directive Number 2:4, dated last revised on April 5, 2016, sets forth appropriate and proper promotional procedures for the Township Police Department and a rational methodology for any promotions required by the Township to fill vacancies or impending vacancies within the ranks of superior officers of the Lumberton Township Police Department, including the Chief of Police.
The Township Committee thereby adopts the provisions of the said Written Directive as identified at Subsection A hereof as that said policy exists subsequent to the revisions of April 4, 2016. The provisions of said written directive are specifically incorporated herein by reference as if set forth at length herein.
For purposes of publication of this section as required by law, the Municipal Clerk shall publish this section and a full copy of Police Written Directive Number 2:4, as amended and revised on April 5, 2016.
The Police Department Supervisor may recommend from time to time a revision of Written Directive Number 2:4 to the Township Committee for their adoption by the passing of a resolution authorizing the revision. No changes to this promotional policy shall take effect until authorized through the passage of a resolution of the Township Committee.
[Added 7-10-2018 by Ord. No. 2018-18]
Except as otherwise provided by law, no person shall be appointed as a member of the Police Department unless he:
Is a citizen of the United States.
Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen Retirement System of New Jersey as to his eligibility for membership in the retirement system.
Is able to read, write and speak the English language well and intelligently.
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.
Is a resident of New Jersey, except persons recently discharged from military service as provided for by N.J.S.A. 40A:14-123.1.
Is at least 21 years of age and not over 35 years of age, except for the appointment of a Chief of Police, in which case such age restrictions shall not apply.
Is able to pass such physical and psychological examinations as may be prescribed by the Township Committee.
Is able to pass such written and oral examinations as may be prescribed by the Township Committee.
Is the holder of a valid New Jersey driver's license.
Has been appointed by the Township Committee as a probationary officer and has successfully served a probationary period of one year, during which time he has satisfactorily performed his duties as a probationary officer and finally has successfully passed the Basic Weapons Safety Course at a Police Academy approved by the New Jersey Police Training Commission.
[Amended 4-7-1997 by Ord. No. 1997-8; 7-10-2007 by Ord. No. 14-2007; 9-2-2014 by Ord. No. 2014-8-005; 7-10-2018 by Ord. No. 2018-18]
The Township Committee may, at its annual reorganization meeting and at such other times as deemed necessary, appoint Class I, Class II and Class III police officers for terms not exceeding one year and may revoke such appointments at any time without cause or hearing.
Such policemen shall not be members of the Police Department or police force and their powers and duties shall cease at the expiration of the terms for which they were appointed or on revocation of their appointments. They shall, at the expiration or revocation of the terms for which they were appointed, return all uniforms and equipment that may have been issued to them.
Such Class I, Class II and Class III police officers shall have the same powers and duties as members of the Police Department, but shall not be members of the Department and shall not carry a revolver or similar weapon when off duty.
Except as otherwise provided by law, no person shall be appointed as a Class I, Class II or Class III police officer unless he:
Has met the requirement of appointment of Special Law Enforcement Officer as contained in N.J.S.A. 40A:14-146.10 and N.J.S.A. 40A:14-146.11.
Is a citizen of the United States.
Is able to read, write and speak the English language well and intelligently.
Is sound in body and of good health.
Is of good moral character and has not been convicted of any offense involving dishonesty of which would make him unfit to perform the duties of this office.
Has successfully undergone the same psychological testing that is required of all full-time police officers in the municipality.
Special Law Enforcement Officer Class III duties and responsibilities are outlined in the Lumberton Township Police Department Accreditation Standard 2.6.1, a copy of which is attached and made part of this chapter.
[Added 7-10-2018 by Ord. No. 2018-18]
Editor's Note: Accreditation Standard 2.6.1 is on file in the Township offices.
[Amended 7-10-2007 by Ord. No. 14-2007]
Every member of the Police Department and every Class I and Class II police officer shall, before entering upon the performance of his duties, take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of this office, which oath or affirmation shall be filed with the Township Clerk.
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 Lumberton; direct and control traffic, provide attendance and protection during emergencies; provide appearances in court, suppress riots, mobs and insurrections; preserve order at all elections and public meetings and assemblages, cooperate with all other law enforcement agencies; and provide training to the efficiency of its members and officers.
Make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the township for purposes of protecting the safety and facilitating the convenience of motorists and pedestrians and the regulation, direction, control and restriction of the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons.
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the township; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
Provide proper police attendance and protection at fires.
Lend aid and assistance to distressed, injured and infirm persons.
Have all powers and duties otherwise provided by law.
Establishment of Department rules and regulations. The Police Department Supervisor shall promulgate rules and regulations for the government of the police force and for the discipline of its members and shall recommend the same to the Township Committee. The Township Committee shall, from time to time, adopt, amend or repeal, by resolution, such rules and regulations as are recommended to it by the Police Department Supervisor and/or such other rules and regulations as it deems necessary or proper concerning the powers and duties of the Police Department, the regulation and control of the Police Department and the conduct and decorum of members of the Department of Special Officers.
All such rules and regulations shall be in writing, signed by the Police Department Supervisor, and shall be filed in the office of the Township Clerk and in the office of the Chief of Police, and for and distributed to all members of the Police Department.
Ratification of current rules and regulations. There is currently in effect, within the Township of Lumberton, a document entitled "Lumberton Township Police Department Rules and Regulations" along with certain special orders and general orders annexed thereto. Said rules and regulations are hereby ratified and reestablished and shall continue to be known as the "Lumberton Township Police Department Rules and Regulations." The Township Committee specifically reserves, however, the right to itself and the Police Department Supervisor, and for the good of the Police Department, to amend and revoke any of the rules, regulations or procedures, to amend the same or to add thereto, as circumstances require.
Revocation of other rules and regulations. All other rules, regulations, procedures and orders, whether special or general, previously issued and contrary to those, in body and context, herein described, are hereby revoked. All other rules, regulations, orders and procedures not in conflict with those contained herein shall remain in full force and effect.
Any neglect by any member of the Police Department to carry out each and every rule and regulation, special order or general order ratified and reestablished herein and/or established in the future shall be sufficient cause for his dismissal from the Department. Moreover, should any member of the Police Department be cited or disciplined for failure to observe the rules and regulations or departmental procedures or orders, ignorance of any provision of the manual or any departmental procedure or order shall not be accepted as an excuse and shall not constitute a defense to said disciplinary charges.
Except as otherwise provided by law, no permanent member of the Police Department shall be removed from his office, employment or position for political reasons or for any other cause other than incapacity, misconduct or disobedience of the rules and regulations established for the government of the Police Department, nor shall such member be suspended, removed, fined or reduced in rank from officer, employment or position therein, except for just cause, and then only upon a written complaint setting forth the charge or charges against such member or officer and upon proceedings in accordance with law in such case made and provided.
Except as otherwise provided by law, any permanent member or officer of such Police Department and force who shall be absent from duty without just cause or a leave of absence, for a continuous period of five days, shall cease to be a member of such Police Department and force.
Hearing officer. All charges against members of the police force shall be prosecuted by the Chief of Police, or his designee, and shall be heard by the Township Committee except for matters of minor discipline. Said hearing shall be conducted not less than 10 nor more than 30 days from the date of service of the disciplinary charges/complaint upon the charged member.
[Amended 4-15-1996 by Ord. No. 1996-6]
Minor discipline. The Chief of Police, with the written consent of the charged member, may hear and determine cases involving allegations of minor violations of the rules and regulations and other infractions. In such cases, the discipline imposed upon a finding of guilt shall not exceed a suspension without pay of three days. The decision of the Chief of Police shall be final and not subject to review or appeal.
[Added 4-15-1996 by Ord. No. 1996-6]
Compensation for the members of the Police Department and Chief of Police and special patrolmen shall be as determined by the Township Committee and authorized by ordinance.
[Adopted 7-25-2019 by Ord. No. 2019-10]
Editor's Note: Section Two of this ordinance states: "Nothing herein shall impact any statute, directive, departmental policy, rule or regulation concerning a police officer's opportunity to hold secondary employment unrelated to law enforcement activities."
As used in this article, the following terms shall have the meanings indicated:
- A regular police officer of the Police Department of the Township of Lumberton that is being hired by a private employer to provide security- and/or work-zone-related services. Special officers, as defined in N.J.S.A. 40A:14-146.8 et seq., are permitted to perform these services after all full-time police officers' rotation has been exhausted. Special officers shall not be permitted to provide security- and/or work-zone-related services outside the boundaries of the Township of Lumberton.
- PRIVATE EMPLOYER
- Any entity, public or private, other than the Township of Lumberton, that is hiring an employee, as defined herein, to provide security- and/or work-zone-related services for the private employer's business, project or function.
- The Township of Lumberton.
- WORK-ZONE-RELATED SERVICES
- A traffic-calming method through the use of a Township police officer to create a presence within a work zone along any street or roadway as a means of providing greater safety and protection to the workers within the right-of-way. In providing these services, the officer's primary responsibility shall be to establish a visible presence within the work zone for the safety and protection of the work crews. Officers may be required to direct or control traffic, especially in situations where two-way traffic is impacted by the work activity.
Employees of the Township's Police Department, whether they be full-time or part-time, are expressly authorized to engage in security-related and work-zone-related services during their off-duty hours for private employers, so long as the arrangements therefor are made with the Township and any compensation paid to the officers for such service is channeled through the Township.
The officers performing said off-duty services authorized hereunder are also authorized to wear a Township police uniform.
The authorization set forth in this article shall apply only to security-related and work-zone-related services for private employers during the officer's off-duty hours.
While the officer's duty to enforce motor vehicle laws and criminal laws is not diminished by this work assignment, the officer's priority shall be focused on work zone safety and providing a security presence at the private activity. The officer shall radio on-duty officers to assist in any traffic or criminal enforcement as needed.
Pursuant to memoranda issued by the State of New Jersey Department of the Treasury, Division of Pensions, dated August 1989 and February 1990, it is the express intention of this article that off-duty work authorized by this article shall entitle police officers to coverage under the Police and Firemen's Retirement System where they are injured during off-duty or outside employment under the scope of the article. Both the Township and the members of the Township's Police Department are familiar with these memoranda and, because the employees shall ultimately be subject to departmental discipline and control, and because they are ultimately paid by the Township, they are in accordance with the February 1990 memorandum prepared by Douglas R. Forrester, Director, Division of Pension, and are considered to be covered for injury or death which may occur while performing those duties.
In accordance with Chapter 250 of the Code of the Township of Lumberton, persons performing work in the Township right-of-way are required to apply for and obtain a local road access permit from the Township, and must also employ uniformed police officers as traffic directors in certain circumstances (see § 250-1). Any private employer, public utility, or other entity that intends to perform work in a Township right-of-way, where said work may impact local roads and require work-zone-related safety measures, shall be required to enter into a contract with the Township of Lumberton for all work-zone-related activities impacting local roads and/or rights-of-way. For other non-traffic-related, extra-duty or security-related matters, private employers, public utilities, or other entities are encouraged to utilize off-duty members of the Lumberton Township Police Department.
Except in cases of a bona fide emergency, no assignment to extra duty may be made unless, 24 hours prior to such assignment, the private party or entity has executed a contract for such services and has made the required deposit pursuant to the uniform agreement to provide security-related and/or work-zone-related services by off-duty personnel, which form of agreement is on file with the Township Department of Finance. Said agreement shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment of services to the officers, administrative fees to the Township of Lumberton and fees for the use of Township-owned equipment. Twenty-four-hours' notice is not necessary in instances where work-zone-related services are required due to emergency work.
The agreement shall provide for the deposit of monies in advance by the private employer for the services to be performed. Should the contract be for a term exceeding one month, the private employer shall be required to tender an estimated payment for the first month's services upon executing the contract and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Chief Financial Officer shall, upon termination of the contract, receipt of the final certified time slips, and receipt of written demand from the private employer, return all unused funds to the private employer. Nothing in this section shall be construed as limiting the power of the Township of Lumberton to accept or reject any and all assignments with any private employer.
As a precondition to the use of employees by a private employer, the private employer shall provide written assurance that the officers are covered by the private employer's workers' compensation insurance and personal liability insurance policies, which assurance shall include a copy of said insurance policies, as well as such other information as the Chief of Police deems appropriate; all such information shall be submitted to the Township's Attorney for approval prior to the performance of any services by Township employees. Time and expense for attorney review shall be paid directly by the contractor at the attorney's normal rate.
All private employers shall be required to make all payments for extra-duty assignments payable to the Township of Lumberton. All payments for extra-duty assignments shall be forwarded to the Finance Office of Lumberton Township. The Finance Officer shall deposit all funds earmarked for the payment of extra-duty officers, collected from private employers, into a special escrow fund which is hereby established by this article. The escrow fund shall be established for payment to members of the Police Department performing the extra-duty services, also referred to as "employees." All police officers shall be required to submit pay slips to the Police Chief. The pay slip shall be in a form approved by the Finance Officer. Upon receipt of a properly executed pay slip verified by the private person or entity, the Finance Office shall process the pay slips for disbursement during the officer's regular pay period.
The rate to be charged under this section shall be set by a resolution passed by the Township Committee during the annual reorganization meeting.
In addition to the aforementioned fees to be collected by the Township of Lumberton from said private person or public entity for the payment of said extra-duty police officer(s), the Township of Lumberton shall collect an administrative fee. Said fee shall be used to offset the administrative costs associated with assigning Township police officers, coordinating schedules and equipment, etc. The rate to be charged under this section shall be set by a resolution passed by the Township Committee.
Police officers engaging in off-duty activities, as authorized and required by this article, may be permitted to utilize a municipal vehicle, subject to the approval and consent of the Chief of Police. If a municipal vehicle is utilized, the private employer shall also pay the Township of Lumberton a fee for the use of the vehicle. The rate to be charged under this section shall be set by a resolution passed by the Township Committee. This provision is subject to vehicle availability.
The Township of Lumberton maintains the right to outsource the Police Department extra-duty employee services to a third party for extra-duty program administration. The chosen service provider has the right to charge an additional fee other than the Township fees established herein. This service may handle scheduling, billing, collections, pay or any other services previously performed by the Township of Lumberton. If the Township outsources all of these services, it shall not charge the hourly Township administrative fee but shall instead charge a flat fee per work assignment. The rate to be charged under this section shall be set by a resolution passed by the Township Committee.
The Chief of Police of the Township of Lumberton shall be responsible for the overall conduct of the members of his Department in following the rules and regulations promulgated herein and shall ensure that the terms, conditions and provisions of this article shall be fully and faithfully carried out. Additionally, the Chief of Police shall have authority to control officers engaged in off-duty or outside employment pursuant to this article and shall further have the authority to discipline any and all officers so engaged in outside employment by private employers, should cause for such charges arise or exist.