[HISTORY: Adopted by the Township Committee of the Township of Holland 2-3-1969; amended in its entirety 12-29-1975. Subsequent amendments noted where applicable.]
Fees — See Ch. 83.
A department is hereby established in the Township of Holland under the name of the "Department of Police and Public Safety of the Township of Holland."
[Amended 9-15-2015 by Ord. No. 2015-9]
Said Department shall consist of a Chief of Police and may consist of such number of Sergeants and policemen as may be determined, from time to time, by the Township Committee.
[Amended 3-16-1993 by Ord. No. 1993-2; 9-15-2015 by Ord. No. 2015-9]
The governing body of the Department, which is also the appropriate authority as referred to in N.J.S.A. 40A:14-118, is the Township Committee. The Township Committee shall exercise the responsibilities of an appropriate authority under New Jersey Statutes, and in particular shall be responsible for the promulgation of rules and regulations for the government of the Department and for the discipline of its members. The Mayor of the Township shall be in general charge of the Department, and, in his absence, the Deputy Mayor shall assume this responsibility. The line of authority relating to the police function of this Township shall be from the Sergeant (if any) to the Chief of Police, as the head of the Police Department, to the Mayor (or Deputy Mayor, in the Mayor's absence) to the Township Committee.
If the office of Sergeant is intentionally left vacant, it will be deemed not to exist and will be bypassed in the chain of command (e.g., if the governing body chose not to appoint a Sergeant, then all civilian employees and policemen would answer directly to the Chief of Police).
All members of the Department shall be appointed by resolution of the Township Committee.
No person shall be appointed as a permanent officer or member of the said Department unless he:
Complies with the requirements for such appointment established by and pursuant to state law.
Shall submit to and pass such physical examination as may be prescribed by the Township Committee.
Shall submit to and successfully pass such written or oral examinations as may be prescribed by the Township Committee.
Shall serve a probationary period of 12 months or until the training course prescribed pursuant to state law is completed, whichever is later.
It shall be the duty of the Chief of Police to forward, as soon as possible, to the appropriate state authority applications for state-required training.
[Amended 9-5-1989 by Ord. No. 1989-9; 3-16-1993 by Ord. No. 1993-2; 4-1-2014 by Ord. No. 2014-6]
Classification of Officers. Pursuant to N.J.S.A. 40A:14-146.11, there are hereby established two classifications of special law enforcement officers:
Class One. Officers of this class are hereby authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the New Jersey 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.
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 an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the police training commission.
Uniforms. Pursuant to N.J.S.A. 40A:14-146.12, every special law enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the local unit in which the officer is employed. The uniform shall also include an insignia issued by the commission which clearly indicates the officer's status as a special law enforcement officer and the type of certification issued pursuant to Section 4 of the Special Law Enforcement Officers' Act (N.J.S.A. 40A:14-146.11).
Carrying of firearms. Special law enforcement officers who are permitted to carry and return firearms shall do so pursuant to the guidelines established in N.J.S.A. 40A:14-146.14, Subdivision b.
Rules and regulations. Special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent regularly appointed police officers of the Township, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
Supervision. Pursuant to N.J.S.A. 40A:14-146.14, a special law enforcement officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the local unit wherein the officer is appointed, and shall perform his duties only in the local unit except when in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform duties in another unit pursuant to a mutual aid agreement enacted in accordance with § 1 of P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1).
Hours of employment. No special law enforcement officer may be employed for more than 20 hours per week by the local unit except, as determined by the governing body, during periods of emergency or for services to a private entity pursuant to N.J.S.A. 40A:14-146.14.
Terms and revocation of appointments. Pursuant to N.J.S.A. 40A:14-146.14, Subdivision a, special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the local unit for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the local unit, and their powers and duties as determined pursuant to this act shall cease at the expiration of the term for which appointed.
Number of categories of officers. The number of special law enforcement officers designated as Class One members shall not exceed two persons. The number of special law enforcement officers designated as Class Two members shall not exceed the higher of two persons or 25% of the total number of regular police officers employed by the Department pursuant to N.J.S.A. 40A:14-146.17.
The rights, privileges, powers and duties of the members of the Department, as well as special officers or temporary officers, shall be those prescribed by the laws of the State of New Jersey and the ordinances and resolutions of the Township of Holland and such rules and regulations as may from time to time be promulgated by resolution of the Township Committee.
[Amended 3-16-1993 by Ord. No. 1993-2]
The Chief of Police shall be the executive officer of the Department and head of the police force. The Chief of Police shall be directly responsible to the Township Committee as provided in N.J.S.A. 40A:14-118, and shall be directly responsible to the Township Committee for the day-to-day operations of the Department. In particular, pursuant to policies established by the Township Committee, the Chief of Police shall:
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel.
Prescribe the duties and assignments of all subordinates and other personnel of the Department.
Delegate such of his authority as he may deem necessary for the efficient operation of the Department to be exercised under his direction and supervision.
Report at least monthly to the Township Committee in such form as shall be prescribed by the Township Committee on the operation of the Department during the preceding month, and make such other reports as may be requested by such Committee.
Have, exercise and discharge the functions, powers and duties of the Department.
Each permanently employed member of the Department shall devote his whole time and attention to the services of the Department and is hereby expressly prohibited from being otherwise employed on a regular basis without the express consent of the Township Committee. Although certain hours may be allotted for the performance of regular tours of duty, officers are considered to be at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
The compensation of the permanently employed members of the Department shall be fixed by the Salary Ordinance of the Township of Holland.
Editor's Note: The Salary Ordinance is on file in the Township offices and may be examined there during regular office hours.
There shall be furnished to each permanently employed police officer uniforms and other necessary equipment at the expense of the Township, and the same shall remain the property of the Township and shall be maintained by the officer in a clean and usable condition. All uniforms and equipment shall be replaced as deemed necessary by the Chief of Police at the expense of the Township.
Each permanently employed officer or member of the Department, which shall not include special policemen or policewomen or persons temporarily employed, shall hold his office during good behavior and efficiency and shall not be suspended, removed, fined or reduced from office or employment therein for political reasons or for any cause other than incapacity, misconduct or disobedience of rules and regulations established for the government of the Department and then only after a hearing as prescribed by law.
The Township Committee may adopt personnel policies, rules and regulations for the Department.
[Added 12-17-1996 by Ord. No. 1996-9; amended 6-5-2001 by Ord. No. 2001-5; 7-6-2010 by Ord. No. 2010-12A]
Fees, as established in Chapter 83, Fees, are hereby established for copies of the following documents or other items from the Department of Police and Public Safety and the following services of that Department:
Police report fees.
Videos and audio tapes.
Storage of vehicles and large equipment. Any items held by the Department, upon proper notice to the owner(s) that the items can be retrieved, must be picked up or retrieved within a ten-day period from notice sent by registered or certified mail, or a storage charge will be assessed.
[Added 9-15-2015 by Ord. No. 2015-9]
The position of Sergeant shall be second in command to the Chief of Police. The Sergeants' powers, functions and duties shall be as follows:
He or she shall, during his or her regular tour of duty, be superior in rank to and have charge of all policemen and special police officers who shall be serving on the same shift and shall, generally, supervise the work of all said members and shall give such instructions and directions as he or she shall deem necessary for the proper and efficient operation of the Department in accordance with the provisions and regulations of this chapter.
He or she shall designate the streets, avenues and areas of the Township to be patrolled by such members of the Department as shall have been assigned to patrol duty on his or her shift.
He or she shall see that officers reporting to him or her properly relieve the officers going off duty and that the officers are in proper uniform, with the necessary equipment to perform their duties properly.
He or she shall assign all policemen to their respective duties and shall note whether or not the officers to be relieved are at their given relieving point and in proper condition.
He or she shall constantly patrol his or her assigned area and shall supervise the work of the officers in patrol cars and performing any other type of duty.
He or she shall review for approval all written reports made by the officers under his or her supervision during a tour of duty. If reports fail to meet with his or her approval, he or she shall instruct the officers under his or her supervision as to the proper form and information to be supplied.
He or she shall perform his or her duties under the supervision and direction of the Chief of Police and shall be responsible for seeing that all laws of the State of New Jersey and ordinances of the Township of Holland are duly observed and enforced and that the public peace is maintained. The Sergeant shall perform such duties as may be assigned to him or her, from time to time, by the Chief of Police.
He or she shall, during his or her regular tour of duty, in addition to the performance of the duties of Sergeant specified herein, exercise the authority and perform the duties of a policeman as far as practicable.