[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Editor's Note: This ordinance also superseded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.
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).
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).
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).
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).
[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.
[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.
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.).
[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
|
[Added 9-22-2004 by Ord. No. 2004-25]
A.
EMPLOYER
PLAINCLOTHES SURVEILLANCE OFFICER
POLICE OFFICER
TRAFFIC CONTROL OFFICER
WHILE IN THE EMPLOY OF THE EMPLOYER
WORKER'S COMPENSATION INSURANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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.
A position of employment involving the wearing of a Longport
police uniform while directing traffic within the Borough.
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.
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.
