[Adopted 3-7-1977 as Sec. 2-11 of the 1976 Revised General
Ordinances]
A Police Department for the Borough of Hamburg
be hereby established.
[Amended 7-7-1997; 3-7-2005 by Ord. No. 1-2005; 4-2-2007 by Ord. No.
4-2007; 6-2-2008 by Ord. No. 08-2008; 1-18-2012 by Ord. No.
02-2012; 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018; 3-2-2020 by Ord. No. 02-2020; 10-3-2022 by Ord. No. 09-2022]
A. The Police Department shall be headed by a Chief of
Police and is authorized to consist of the following entitled positions
and maximum authorized strength:
Position
|
Maximum Authorized Strength
|
---|
Chief of Police
|
1
|
Lieutenant
|
1
|
Sergeant
|
2
|
Patrol officers
|
7
|
Detective
|
1
|
B. The Mayor and Council, upon recommendation of the
Chief of Police, may designate from time to time one of the members
of the Department to serve as the detective for such times and/or
such investigations as the Chief of Police shall determine.
C. It is not required that all of the above positions
be filled to the authorized maximum strength.
D. All members of the Department shall be appointed by the Mayor and
Council.
[Amended 3-3-1980; 12-3-2001; 1-18-2012 by Ord. No. 02-2012; 10-3-2022 by Ord. No. 09-2022; 7-3-2023 by Ord. No. 09-2023]
A. Appropriate authority. The governing body of the Police Department
shall be the Mayor and Council whose decisions on all police matters
shall be final. The Chair of any police committee shall be designated
as Police Commissioner who shall have such power as conferred by the
Mayor and Council.
B. The Chief of Police and all members of the Police Department shall
be appointed by the Mayor and Council.
C. All members of the Police Department shall be under the direction
of the Chief of Police who shall be responsible for the discipline
and performance of the Department.
D. The Mayor and Council shall appoint as Chief of Police the member
holding highest rank in the Department at the time of the appointment.
In the event there are two or more members holding the highest rank,
the member with the greater seniority shall be appointed.
E. The position of Police Director is repealed. Wherever there is a
reference in any law or ordinance to the Police Director, such reference
shall be deemed to mean the Chief of Police.
All members of the Department shall keep themselves
physically fit and promise to pay all their just debts for rent or
necessities of life contracted while on the force.
[Added 10-3-2022 by Ord. No. 09-2022]
A. Perform all duties, powers and responsibilities as provided in N.J.S.A.
40A:14-118 and by other applicable laws and regulations and by any
ordinances, resolutions or directives of the Mayor and Council.
B. Submit monthly reports to the Mayor and Council covering the complete
operations of the department for the previous month.
C. Serve as deputy custodian of government records and perform all of
the duties of the Municipal Clerk as required by the Open Public Records
Act, P.L. 2001, c. 404, with reference to records requests pertaining
to the Police Department.
All members of the Department requesting a leave
of absence must apply to his/her superior officer for such leave of
absence.
[Added 4-3-1978; amended 12-29-1980]
A. All applicants for appointment to the Police Department
shall be at least 18 years of age and not over 35 years of age, unless
special dispensation of this rule is made by the Borough Council according
to law.
[Amended 12-3-2001]
B. No person shall be a member of the Borough Police
Department unless he/she:
(1) Is employed on a full-time basis as a police officer
of the Borough, except as hereinafter provided. ("Full-time" is defined
as a minimum of 40 hours of regular work time per week).
(2) Is a citizen of the United States.
(3) Is sound in body and of good health sufficient to
satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey as to his/her eligibility for membership in the
retirement system.
(4) Is able to read, write and speak the English language
well and intelligently.
(5) Is of good moral character, and has not been convicted
of any criminal offense involving moral turpitude.
(6) Has satisfied at least one of the following criteria:
[Added 3-7-2005 by Ord. No. 1-2005;
amended 8-3-2009 by Ord. No. 10-2009]
(a) Sixty or more credits from an accredited college, community college
or junior college;
(b) Two years of active military service or four years of National Guard
or Reserve service, and, if discharged, an honorable discharge;
(c) Completion of basic police training earning a police training certificate
from an approved school pursuant to the requirements of the Police
Training Act (N.J.S.A. 52:17B-66 et seq.);
(d) Four years of service as a law enforcement officer.
C. No person shall hereinafter be appointed as a permanent
full-time member of the Hamburg Borough Police Department until he/she
shall have successfully completed a training course at an approved
school pursuant to the requirements of the Police Training Act of
July 1965 (N.J.S.A. 52:17B-66 et seq.).
D. No person shall be given a permanent position until
such person shall have served a probation term for one year, commencing
from the date the said Candidate begins full-time patrol duties, and
is recommended for permanent appointment by the Chief of Police or
highest ranking officer if the Chief's position is vacant.
[Added 3-7-2005 by Ord. No. 1-2005;
amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
E. No person shall be appointed as a permanent full-time
member of the Hamburg Police Department until and unless all members
of the governing body have been provided with access to all pertinent
documents regarding the applicant's qualifications and fitness.
[Added 7-2-2007 by Ord. No. 7-2007]
[Added 3-7-2005 by Ord. No. 1-2005]
A. Eligibility period. All candidates for promotion must
have served a minimum number of years as a member of the Hamburg Police
Department as provided hereafter.
[Amended 6-2-2008 by Ord. No. 08-2008; 1-18-2012 by Ord. No.
02-2012; 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018]
Position
|
Years of Experience
|
---|
Lieutenant/officer-in-charge
|
3 years as Sergeant
|
Sergeant
|
3 years as patrol officer
|
B. Service eligibility shall be determined as of the
date of the notice of promotion examination.
C. Oral question and answer examination/personal interview.
(1)
A notice of promotional opportunity shall be issued by the Mayor
and Council and a copy thereof provided to each eligible member of
the Department. Within seven days of receipt of the said notice, members
of the Department shall notify the Mayor and Council of their intent
to be a candidate for promotion. Candidates shall be notified of their
scheduled question and answer examination and personal interview date
at least 10 days prior to the examination/interview date.
[Amended 3-4-2013 by Ord. No. 04-2013]
(2)
A Police Promotional Committee, consisting of the Mayor, Chief
of Police and two members of the Borough Council designated by it
(hereinafter collectively referred to as the “Committee”),
shall conduct a personal interview with the candidates. In the event
the position of Chief of Police is vacant, the Borough Council may
designate another person to serve as a member of the said Committee.
Prior to the Committee conducting any personal interview of promotion
candidates, all members of the governing body shall be provided access
to all pertinent documents regarding the applicant’s qualifications
and fitness and may submit to the aforesaid Committee specific questions
to be asked of the candidates. Access to documents to take place at
Police Headquarters. No copies of documents shall be made.
[Amended 7-2-2007 by Ord. No. 7-2007; 3-4-2013 by Ord. No.
04-2013; 5-7-2018 by Ord. No. 04-2018; 10-3-2022 by Ord. No. 09-2022]
(3)
The oral question and answer examination shall be conducted
by the Chief of Police and two other active or retired law enforcement
professionals to be selected by the Committee to which candidates
must provide oral answers. In the event the position of Chief of Police
is vacant, the Committee may designate another active or law enforcement
professional person to serve as a member. The score for the oral question
and answer examination shall represent 20% of the candidate’s
overall score for the oral question and answer examination/personal
interview.
[Amended 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018; 10-3-2022 by Ord. No. 09-2022]
(4)
The personal interview shall represent 80% of
a candidate's overall score for the oral question and answer examination/personal
interview. Each candidate's personnel file shall be viewed during
the personal interview. Each candidate shall be given the opportunity
to make a personal statement if he/she chooses to do so. Each Committee
member shall grade each candidate based on the personal interview.
The maximum attainable score for the personal interview shall be 100%.
The candidate's overall score for the personal interview shall be
the average of the combined scores of each Committee member. Factors
to be considered by the Committee in scoring the candidate's personal
interview shall include, but not be limited to, the following:
[Amended 5-7-2018 by Ord.
No. 04-2018]
(d)
Supervisory experience and leadership skills.
(e)
Attitude:
[2]
Efforts in supporting Department goals and objectives.
[3]
Handling Department equipment.
[4]
Rapport with fellow employees and the public.
(g)
Involvement in community affairs.
(5)
Letters concerning a potential candidate received
between the day the notice of a promotional examination is posted
and the conclusion of the promotional examination shall not be considered
for the posted examination.
(6)
The oral question and answer examination/personal
interview shall comprise 100% of the promotional examination for the
promotion. The overall score of each candidate for the oral question
and answer/personal interview shall be as follows:
[Amended 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018]
Oral question and answer examination
|
=
|
20%
|
Personal interview: factors to be considered include experience, job performance, record of performance and other factors set forth in § 44-10.1C(4) and C(4)(a) through (i) and § 44-10.1C(5)
|
=
|
80%
|
Total
|
=
|
100%
|
D. Seniority shall be used in the event of a tie between
two candidates.
(1)
Seniority shall be worth 1/2 of a percentage
point (based on 100%) for every year of service with the Hamburg Borough
Police Department up to a maximum of 10%.
(2)
Seniority shall be determined by the number
of years of service completed as of the date the notice of the promotional
examination is posted.
E. Examination; final overall score.
(1)
The oral question and answer examination/personal
interview is worth a maximum of 100%.
(2)
Seniority, in the event of a tie, is worth 1/2
of a percentage point (based on 100%) for every year of service completed
with the Hamburg Borough Police Department up to a maximum of 10%.
(3)
The candidate receiving the highest overall
final score shall be eligible for promotion by the Mayor and Council.
F. Summary:
(1)
A candidate may view his/her written test and
compare the answers with the answers from the answer key. Each candidate
wishing to do so shall have 10 days from the receipt of the candidate's
test score to request this review; after 10 days, the candidate will
not be allowed to view the written examination and/or answer key.
(2)
Upon completion of the examination process,
each candidate will be provided with the testing results in a written
review form, which will include his or her:
(a)
Written examination score in case of Chief of
Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
(b)
Oral question and answer examination/personal
interview score.
(3)
The Mayor and Council, or its designee, shall
be responsible for all examination phases of the promotional process.
G. Examination eligibility list.
(1)
Candidates who successfully complete the promotional
examination process but do not receive a promotion at the conclusion
of the process may be placed on a promotional list for the same rank
for which the candidates were examined.
(2)
The list will be active for three years from
the date of final results being published. A candidate on the list
may be recommended for promotion to the appropriate rank without further
examination within the three-year period.
(3)
The establishment of the list will be made upon
recommendation of the the Mayor, subject to the approval of the Borough
Council.
[Amended 12-3-2001; 11-3-2008 by Ord. No. 12-2008; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022; 4-1-2024 by Ord. No. 08-2024]
Whenever allegations of incapacity, misconduct
or disobedience of rules and regulations shall be charged against
any officer or member of the Police Department, the charges shall
be made in writing, signed by the person making such charge or charges
and filed with the Mayor and Council. The Chief of Police shall serve
or cause to be served a copy of the charge or charges upon the officer
or member so charged with the notice of a designated hearing date
by the Mayor and Council, which shall be no later than 10 days nor
more than 30 days from the date of service of the charge or charges.
The hearing officer appointed by the Mayor and Council shall conduct
a disciplinary hearing as provided aforesaid.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
Special officers of the first and second class
shall be appointed annually for a term of one year, and the appointment
may be revoked by the Chief of Police for cause after adequate hearing.
Special officers so appointed shall not be members of the police force.
No person may be appointed a special officer
unless the person:
A. Is a resident of the State of New Jersey during the
term of appointment;
B. Is able to read, write and speak the English language
well and intelligently, and has a high school diploma or equivalent;
C. Is sound in body and of good health;
D. Is of good moral character;
E. Has not been convicted of any offense involving dishonesty
or which would make him/her unfit to perform the duties of special
officer;
F. Has undergone the same psychological screening that
is required of all full-time police officers of the Police Department;
and
G. The Chief of Police shall have had the applicant fingerprinted
as required by statute, conducted a background investigation of the
applicant, and has reported these determinations in writing to the
Mayor and Council.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
No special officer shall commence his/her duties
until he/she has completed the training as required under N.J.S.A.
40A:14-146.11, or as amended from time to time.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
The uniform of special officers shall be determined
by the Chief of Police, and shall be in compliance with N.J.S.A. 40A:14-146.12.
Pursuant to N.J.S.A. 40A:14-146.16:
A. The Chief of Police may assign special officers of
the first class and second class to perform authorized duties not
to exceed 20 hours per week.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
B. Special police officers may be assigned without limit
during periods of emergency.
C. The Chief of Police may designate one special officer to whom the limitation of hours set forth in Subsection
A of this section shall not apply as provided by N.J.S.A. 40A:14-146.16 et seq.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
[Added 10-6-2008 by Ord. No. 10-2008]
A. It is hereby established the position as Matron in
the Police Department.
B. The Matron shall perform such duties as designated
by the Chief of Police or the Chief's designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
[Added 10-7-2002 by Ord. No. 5-2002]
A. Purpose. For the convenience of those persons and
entities which utilize the services of off-duty law enforcement officers
of the Hamburg Police Department and to authorize the outside employment
of Borough Police while off duty, the Borough hereby establishes a
policy regarding the use of said officers.
B. Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police, which approval
shall be granted and in the opinion of the Chief, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Police Department, and would not unreasonably endanger
of threaten the safety of the officer or officers who are to perform
the work as determined by the Chief of Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
C. Members of the Police Department shall be permitted
to accept police-related employment for private employers of school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duties for the Borough.
D. Escrow accounts.
(1) Any person or entity requesting the services of an off-duty law enforcement officer in the Hamburg Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Treasurer of the Borough of Hamburg by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in §
44-23F for the total estimated hours of service.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
(2) Prior to assigning any 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. The Chief of Police shall
not assign a request for services from any person or entity unless
all fees and compensation required in the manner described above have
been deposited with the Borough Treasurer. No officer shall provide
any such service for more hours than are specified in the request
for services.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
(3) In the event the funds in such escrow account should
become depleted, services of off-duty law enforcement officers shall
cease and requests for further of future services shall not be performed
or assigned 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.
E. Requests for services. All requests to the Borough
of Hamburg for the services of off-duty law enforcement officers in
the Hamburg Police Department for a period of one week or longer shall
be forwarded to the Chief of Police for assignment at least 10 days
before such services are required. Any law enforcement officers, when
so employed by the Borough, shall be treated as an employee of the
Borough; provided, however, that wages earned from outside employment
shall not be applied toward the pension benefits of law enforcement
officers so employed, nor shall hours worked for outside employment
be considered in any way compensable as overtime.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
F. Rates of compensation; administrative fee; payment
for services.
(1) Rates of compensation for contracting off-duty law
enforcement officers are hereby established as follows:
[Amended 2-4-2019 by Ord.
No. 02-2019; 7-3-2023 by Ord. No. 09-2023]
(2) An additional fee of 10% of the salary at time and
one half per hour is hereby established to cover administrative costs,
overhead and out-of-pocket expenses of the Borough of Hamburg.
(3) Payment to off-duty law enforcement officers for outside
employment shall be made through the Borough's payroll process.
(4) Payment for a patrol vehicle will be $50 per eight-hour
shift. A fee of $10 per hour shall be payable for each continuous
succeeding hour in the twenty-four-hour cycle.
G. Disclaimer. All ordinances, codes or parts thereof
inconsistent with any of the provisions of this new section are hereby
repealed to the extent of such inconsistency. If any section or provision
of this chapter shall be held invalid by any court of competent jurisdiction,
the same shall not affect the other sections or provisions of this
chapter, except so far as the section or provision so declared invalid
which shall be inseparable from the remainder of any portion thereof.