Borough of Longport, NJ Chapter 38 Police Department

[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 4-21-1993 by Ord. No. 93-03.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 38, Police Department, adopted as follows: Art. I, 1-23-1932; Art. II, 11-7-1962; Art. III, 3-6-1968; Art. IV, 10-17-1990 by Ord. No. 9-90.

§ 38-1 Department established.

There is hereby created in and for the Borough of Longport a Police Department which shall consist of a Chief of Police and such members and officers as shall be deemed necessary by the Borough of Longport which shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions, together with their compensation (N.J.S.A. 40A:14-118).

§ 38-2 Organization; powers and duties.

A. 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 Borough of Longport; 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 (N.J.S.A. 40A:14-152).

B. The Director of Public Safety shall be designated as the appropriate authority as provided in the New Jersey Statutes.

C. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members (N.J.S.A. 40A:14-118).

D. 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 day-to-day operations. Pursuant to policies established by the appropriate authority, 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; and

(5) Report at least monthly to the appropriate authority in such form as shall be prescribed on the operation of the Police Department during the preceding month, and make such other reports as may be requested by the appropriate authority (N.J.S.A. 40A:14-118).

§ 38-3 Justifications for disciplinary actions.

No permanent member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct, disobedience or for causes listed in the most current version of the Police Management Manual published by the New Jersey Division of Criminal Justice, and as provided in the New Jersey Statues and the Police Department's Rules and Regulations (N.J.S.A. 40A:14-147).

§ 38-4 Qualifications for appointments.

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The appropriate authority may also require that an applicant for appointment to the Police Department, or members of the Police Department if ordered by the appropriate authority or the Chief of Police, shall successfully complete a physical, mental and psychological examination (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127).

§ 38-4.1 Probationary service.

[Added 5-18-2016 by Ord. No. 2016-11]

A. All appointments to the Police Department shall be for a probationary period of one year, and no person holding such a probationary appointment as a police officer shall be given or accept a permanent appointment at the conclusion of the probationary period unless such person has successfully completed a police training course at an approved school. Continued employment with the Police Department during the probationary period is dependent upon the conduct of the probationary officer and his or her fitness to perform his or her duties. The Chief of Police may suspend the employment of a probationary officer at any time during the probationary period if the conduct or fitness of the probationary officer is unsatisfactory for any reason at the discretion of the Chief of Police. In the event of such a suspension, the Chief of Police shall notify the Commissioner in charge of public safety whom shall render a final decision on the termination of such suspended probationary officer. Unless terminated prior thereto, at the conclusion of the probationary period, if the conduct or performance of the probationary officer has not been satisfactory for any reason, that person shall be notified, in writing, that either (i) his/her probationary period with the Police Department is to be extended for an additional period of six months which decision to extend the probationary period shall be made by the Chief of Police, or (ii) that the employment with the Police Department is terminated.

B. If applicable, at the completion of the extended six-month probationary period the overall job performance of the probationary officer will be reviewed and a determination will be made by the Chief of Police concerning whether the person shall be recommended for a permanent appointment. If, at the end of the six-month extension of the probationary employment, the conduct or performance of the probationary officer has not been satisfactory, that person shall be notified, in writing, that the employment of that person with the Police Department is terminated.

C. No later than 15 days prior to the expiration of the initial one-year or extended six-month probationary period, as applicable, the Chief of Police shall recommend to the governing body the permanent appointment or termination of a probationary officer.

§ 38-4.2 Promotions and probationary period.

[Added 5-18-2016 by Ord. No. 2016-11]

A. All promotions within the Police Department shall be for a probationary period of 90 days; continued employment in the promoted position is dependent upon the conduct of the probationary officer and his or her fitness to perform his or her duties. The Chief of Police may rescind the promotion of a probationary officer at any time during the probationary period if the conduct or fitness of the probationary officer is unsatisfactory for any reason at the discretion of the Chief of Police. At the termination of the probationary period, if the conduct or performance of the probationary officer has not been satisfactory, that person shall be notified, in writing, that either (i) his/her probationary period with the Police Department is to be extended for an additional period of 60 days, or (ii) that the promotion is rescinded at which point the officer will be returned to his/her prior rank, and the decision of the Chief of Police shall be final in this regard.

B. If applicable, at the completion of the extended sixty-day probationary period, the overall job performance of the employee will be reviewed and a determination will be made by the Chief of Police concerning whether the promotion shall be made permanent. If, at the end of the sixty-day extension of the probationary employment, the conduct or performance of the probationary officer has not been satisfactory, that person shall be notified, in writing, that the promotion of that person is rescinded.

§ 38-5 Special law enforcement officers; appointment; powers and duties; revocation of appointments.

The Borough of Longport may appoint from time to time special law enforcement officers in accordance with New Jersey Statues 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, shall not be entitled to tenure and shall serve at the will of the appropriate authority. Such appointments may be revoked 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. 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 (N.J.S.A. 40A:14-146.8 et seq.).

§ 38-6 Type and number of police positions.

[Added 12-18-2002 by Ord. No. 2002-19]

The type and number of police positions shall be as follows:

Position	Number
Chief	1
Captain	Not to exceed 2
Lieutenant	Not to exceed 2
Sergeant	Not to exceed 4
Patrolman	Not to exceed 15

§ 38-7 Employment of special detail police officers.

[Added 9-22-2004 by Ord. No. 2004-25]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

EMPLOYER

Any individual, partnership, corporation, business entity or other organization located either within or outside the Borough's limits which employs a police officer to perform the services of a security guard, traffic control officer or plainclothes surveillance officer.

PLAINCLOTHES SURVEILLANCE OFFICER

A position of employment involving the wearing of a Borough of Longport police badge and/or carrying of a Borough of Longport firearm or other dangerous weapon as defined in N.J.S.A. 2C:39-1.

POLICE OFFICER

Any police officer of the Borough of Longport.

SECURITY GUARD

A position of employment involving the wearing of a Borough uniform and/or the carrying of a firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1; however, Borough of Longport police officers shall not be employed by licensed liquor establishments.

SPECIAL DETAIL

Any employment when a police officer is not scheduled for a shift of duty by the Borough Police Department and that is conditioned on the actual and potential use of law enforcement powers by the police officer employee.

TRAFFIC CONTROL OFFICER

A position of employment involving the wearing of a Longport police uniform while directing traffic within the Borough.

WHILE IN THE EMPLOY OF THE EMPLOYER

At all times when a police officer is scheduled for and does work for an outside employer as a security guard, traffic control officer or plainclothes surveillance officer.

WORKER'S COMPENSATION INSURANCE

Any forms of insurance, including self-insurance.

B. Any person or entity desiring to retain the services of police officers of the Borough of Longport for a special detail for police-related activities shall be required to enter into a contract with the Borough of Longport. Said contract shall include but not be limited to the Borough's share of social security, the nature of the duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Borough of Longport, any additional liability insurance costs associated with the service provided, and fees for the use of Borough-owned equipment. Except in the case of public or quasi-public agencies, the payment of 100% of the estimated amount due to the Borough for the assignment of special detail employment from the person or entity requesting such assignment shall be paid to the Borough in advance of providing such officers except in the case of an emergent situation as determined by the Chief of Police. The Municipal Clerk is hereby empowered to execute a contract for special detail employment on behalf of the Borough in accordance with this section.

C. The Chief of Police or his/her designee shall assign an officer to organize, regulate and oversee all special detail employment details.

(1) This officer shall ensure:

(a) Compliance with this policy and all applicable Borough codes and ordinances, department rules and regulations, policies and procedures, and other applicable contracts, agreements, laws and regulations.

(b) Notwithstanding any other regulations and/or contracts, that there is equitable opportunity for all eligible officers within the department to avail themselves of such special detail employment.

[1] To assist in this matter, an annual list, beginning with the first day and month of the calendar year, will be maintained, which shall reflect the date, time and nature of the special detail.

[2] This list will additionally reflect the names of the officers who are offered the opportunity to work the detail.

[3] This list will additionally reflect the name of the officers who are assigned and worked the detail.

(2) Notwithstanding having provided an equitable opportunity for special detail employment, every reasonable attempt will be made to provide for the equitable distribution of said employment.

(3) Repeated denials, however, by an officer who has been offered such employment, do not encumber or obligate the scheduling officer of the Borough Police Department to ensure equitable distribution of such employment opportunities.

D. All persons or entities shall pay to the Chief Financial Officer of the Borough such hourly sum as may be fixed from time to time, by resolution of the Board of Commissioners of the Borough of Longport, for such service. The Borough shall remit to the member of the Police Department performing such duties the hourly fee as set forth by resolution and/or preexisting union contract. Additionally, an administrative fee, as predetermined from time to time, by resolution of the Board of Commissioners, shall be collected and retained by the Borough.

E. Any invoice from the Borough for any balance due shall be issued by the Borough's Chief Financial Officer. Payments due shall be made within 10 days of receipt of the invoice from the Borough.

F. Each person or entity who or which shall employ police officers for special details pursuant to this section shall be responsible for maintaining his/her or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Borough of Longport as additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim and $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Borough of Longport Municipal Clerk prior to the assignment of any police officers in a special detail capacity to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and/or equipment that is used in the special detail assignment.

G. Each person or entity who or which shall employ a Borough police officer for special detail pursuant to this section to perform the services of security guard, traffic control officer or plainclothes surveillance officer shall file with the Borough Clerk a certificate of workman's compensation insurance.

H. The Police Chief or his/her designee shall have the authority to order any police officer engaged in special detail within the Borough of Longport to respond to an emergency situation within the Borough. The Police Chief or his/her designee shall also have the right to order any special detail to be terminated whenever such an assignment creates an unacceptable risk to the health, safety and welfare of the special detail officer and/or the citizens of the Borough of Longport. In the event that a police office is assigned to an emergency situation, the Police Chief or his/her designee shall make a note of said emergency situation, as well as the time said officer was removed from said special detail. In any situation where a special detail police officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough until such time as said police officer and/or equipment returns to the assignment with the special detail employer.

I. Any person or entity requesting the services of police officers in a special detail capacity shall agree to indemnify and hold harmless the Borough of Longport for any and all claims and damages which may arise from the police officer's employment in a special detail capacity by said person or entity.

J. Any entity which employs a Borough police officer in a special detail capacity to perform the aforesaid services without first having complied with the requirements of this section shall, upon conviction thereof, be subject to a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days, or any combination of fine, imprisonment, and community service as determined and in the discretion of the Municipal Court Judge. The continuation of such violations for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punishable as provided above for each separate offense. The violation of any provision of this section shall be subject to abatement summarily by restraining order injunction by a court of competent jurisdiction.

K. Any individual, partnership, corporation, business entity or other organization other than the Borough of Longport interested in employing the services of any member of the Borough of Longport Police Department for a special detail within the jurisdiction of the Borough of Longport shall be apprised of any applicable Borough codes, ordinances, rules and regulations, and policies and procedures, and shall make application on the prescribed application form (Appendix A[1]) with the Municipal Clerk.

[1] Editor's Note: Appendix A is on file in the Borough offices.

L. Special detail employment is not permitted outside the Borough of Longport.