[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]
A.
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; and a number
of patrol officers not to exceed 25, to be appointed by the Township
Committee. In addition, two special officers (Class I) may be appointed
on an annual basis in accordance with the provisions of state statute.
[Amended 9-3-2020 by Ord. No. 2020-06]
B.
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.
C.
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:
(1)
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.
(2)
Have, exercise and discharge the functions, powers
and duties of the Police Department.
(3)
Prescribe the duties and assignments of all members
and officers.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Supervise all members of the Department and the performance
of their duties.
(9)
Keep and/or supervise the keeping of all reports and
records concerning the activities of the Department.
(10)
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.
(11)
Act as the hearing officer in matters of minor discipline.
(12)
Be directly responsible for the conduct, efficiency
and management of the Department, etc.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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:
A.
Is a citizen of the United States.
B.
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.
C.
Is able to read, write and speak the English language
well and intelligently.
D.
Is of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
E.
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.
F.
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.
G.
Is able to pass such physical and psychological examinations
as may be prescribed by the Township Committee.
H.
Is able to pass such written and oral examinations
as may be prescribed by the Township Committee.
I.
Is the holder of a valid New Jersey driver's license.
J.
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]
A.
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.
B.
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.
C.
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.
D.
Except as otherwise provided by law, no person shall
be appointed as a Class I, Class II or Class III police officer unless
he:
(1)
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.
(2)
Is a citizen of the United States.
(3)
Is able to read, write and speak the English language
well and intelligently.
(4)
Is sound in body and of good health.
(5)
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.
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the municipality.
F.
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.[2]
[Added 7-10-2018 by Ord.
No. 2018-18]
[2]
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:
A.
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.
B.
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.
C.
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.
D.
Provide proper police attendance and protection at
fires.
E.
Lend aid and assistance to distressed, injured and
infirm persons.
F.
Have all powers and duties otherwise provided by law.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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]
D.
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][1]
[1]
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.
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.
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.
A.
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.
B.
The officers performing said off-duty services authorized hereunder
are also authorized to wear a Township police uniform.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
