[Adopted 11-5-2009 by Ord. No. 22-09]
In accordance with the provisions of N.J.S.A. 40A:14-146.8 et
seq., there is hereby established the position of special law enforcement
officer for the Borough of Maywood. Each special law enforcement officer
appointed shall be subject to the requirements of this article and
the additional requirements set forth in N.J.S.A. 40A:14-146.8 et
seq.
There shall be two classifications of special law enforcement
officers based upon the duties to be performed by the officers as
follows:
A.
Class One. The officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned
by the Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity to act in his stead.
The Class One Officers are also authorized 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 firearms by the Class One Officer is strictly
prohibited and no Class One Officer shall be assigned any duties which
may require the carrying or use of a firearm. The number of Class
One Special Law Enforcement Officers shall be at the discretion of
the Mayor and Council but shall not exceed 25.
B.
Class Two. The 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 or the carrying
thereof while engaged in the actual performance of the officer's
official duties by an officer of this class may be specifically authorized
by the Chief of Police or, in the absence of the Chief, other chief
law enforcement officer of the Borough, provided that the officer
has been fully certified as successfully completing the basic firearms
course required by the Police Training Commission for regular police
officers and annual requalification examination as required for permanent,
regularly appointed full-time police officers of the Borough of Maywood.
The number of Class Two Special Law Enforcement Officers shall be
at the discretion of the Mayor and Council but shall not exceed the
greater of two Class Two special law enforcement officers or 25% of
the total number of regular police officers of the Borough of Maywood.
Special law enforcement officers shall be appointed for a term
not to exceed one year by the Mayor and Council, and the appointment
may be revoked by the Mayor and Council for cause after hearing, as
required by N.J.S.A. 40A:14-147, provided that if the appointment
is made for four months or less, the appointment may be revoked without
cause or hearing. Before any special law enforcement officer is appointed,
the Chief of Police or, in the absence of the Chief, other chief law
enforcement officer of the Borough shall ascertain the eligibility
and qualifications of the applicant and report these determinations
in writing to the Mayor and Council. Special officers so appointed
shall not be members of the police force or the Police Department
of the Borough of Maywood, and their powers and duties shall cease
upon expiration of the term for which they are appointed.
A.
No person may be appointed as a special law enforcement officer unless
the person:
(1)
Is a resident of this State during the term of employment.
(2)
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
(3)
Is sound in body and of good health.
(4)
Is of good moral character.
(5)
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office.
(6)
Has successfully undergone the same psychological testing that is
required of all full-time police officers in the Borough of Maywood.
B.
No person shall be appointed to serve as a special law enforcement
officer in more than one municipality at the same time, nor shall
any permanent, regularly appointed full-time police officer of any
municipality be appointed as a special law enforcement officer, nor
shall any public official with responsibility for setting law enforcement
policy or exercising authority over the budget of the Borough of Maywood
or supervision of the Maywood Police Department be appointed as a
special law enforcement officer.
C.
Every applicant for the position of special law enforcement officer
shall have his or her fingerprints taken, which fingerprints, upon
appointment to such position, shall be filed with the Division of
State Police and the Federal Bureau of Investigation.
D.
The Chief of Police or, in his absence, other chief law enforcement
officer of the Borough shall conduct a background investigation of
the applicant to ascertain the eligibility and qualifications of the
applicant and shall report these determinations, in writing, to the
Mayor and Council.
No person shall commence serving as a special law enforcement
officer unless he or she has been certified by the Police Training
Commission, as provided by N.J.S.A. 40A:14-146.11, as having successfully
completed a training course approved by the Police Training Commission
for each classification, unless such training requirements have been
waived by the Police Training Commission with respect to any person
who at the time of his or her appointment had served as a duly qualified,
fully trained, full-time police officer of any municipality within
New Jersey and who was separated from that prior service in good standing.
A.
No special law enforcement officer may work more than 20 hours per
week, except that they may work without limitation as to hours during
periods of emergency.
B.
Notwithstanding the foregoing, the Mayor and Council may designate
one special officer to whom the limitation on hours employed as set
forth above shall not be applicable.
C.
Notwithstanding any provision hereof to the contrary, special law
enforcement officers may be employed only to assist the Maywood Police
Department but may not be employed to replace or substitute for full-time,
regular police officers or in any way diminish the number of full-time
police officers employed by the Borough of Maywood.
A.
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 Borough of Maywood and
shall perform his duties only in the Borough of Maywood unless in
fresh pursuit of any person pursuant to Chapter 156, Title 2A, of
the New Jersey Statutes or when authorized pursuant to a mutual aid
agreement enacted in accordance with the provisions of N.J.S.A. 40A:14-156.1.
B.
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 Borough of Maywood, as
well as any rules and regulations applicable to the conduct of special
law enforcement officers.
The Mayor and Council shall furnish every special law enforcement
officer prior to the commencement of his or her duties with a uniform
which shall identify the officer's function and shall include
a hat and appropriate badges which shall bear an identification number
or name tag and the name of the Borough of Maywood. The uniform shall
also include an insignia issued by the Police Training Commission
which clearly indicates the officer's status as a special law
enforcement officer and the type of certification issued pursuant
to N.J.S.A. 40A:14-146.11.
The Mayor and Council shall designate at the time of their appointment
the hourly salary to be paid to special law enforcement officers while
they are on duty in accordance with the provisions of the current
salary ordinance of the Borough of Maywood respecting hourly employees.[1]
