[HISTORY: Adopted by the Township Council
of the Township of Mount Holly as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-7-1980 as Ch. IV of the Revised General Ordinances]
[Amended 12-28-1992 by Ord. No. 1992-17; 8-14-2000 by Ord. No. 2000-18; 10-28-2002 by Ord. No.
2002-38; 2-26-2007 by Ord. No. 2007-04]
A.
The Police Department of the Township of Mount Holly is hereby under
the general supervision of the Township Manager. The Department shall
not exceed the following in the table of organization:
[Amended 11-9-2015 by Ord. No. 2015-10]
|
Rank
|
Number of Positions
| |
|---|---|---|
|
Chief
|
1
| |
|
Captain
|
1
| |
|
Lieutenant
|
1
| |
|
Sergeants
|
5
| |
|
Patrol Officers
|
20
|
B.
In addition, civilian employees may be employed by the Township Manager as may be recommended by the Chief, including but not limited to laborers, telephone operators, clerks, computer personnel and telecommunications officers. Special Law Enforcement Officers, one or more of which the Chief may designate as Parking Enforcement Officers, are authorized as follows: Class II Officers: up to six; Class I Officers: up to 12. Class II Officers, upon successful completion of all training required by the Police Training Commission, may exercise powers to the full extent permitted by N.J.S.A. 40A:14-146.11. Class I Officers, upon successful completion of all training required by the Police Training Commission, 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 Revised Statutes. Further, the Chief shall have responsibilities and perform duties as assigned by § 36-2 of the Code of the Township of Mount Holly, including overall discretion to make such assignments and prescribe such duties for the Department as are deemed necessary to achieve efficiency and economy of operation.
[Amended 12-28-1992 by Ord. No. 1992-17; 8-14-2000 by Ord. No. 2000-18; 2-26-2007 by Ord. No.
2007-04]
A.
The Chief of Police shall be the departmental head
of the Police Department. The Chief shall be the immediate subordinate
of the Township Manager in all matters related to civilian authority
and oversight of the Department. The Chief shall have general charge
of and overall responsibility for the efficient performance of the
Department and shall take such steps and make such rules, subject
to the approval of the Township Council, as the Chief deems advisable
to promote efficiency and economy in the operation of the Department
and shall perform such other related duties as may be assigned or
lawfully delegated to the Chief by the Township Manager.
B.
In the absence of the Chief, the Chief shall designate
an officer of his choosing who shall exercise the functions of this
section.
The members of the Police Department shall receive
such annual salaries as may be fixed by the Salary Ordinance of the
Township.
The Township Manager may employ upon a per diem
basis such special police as may be necessary and may discharge them
at any time without cause or hearing. They shall not be members of
the Police Department, but shall, while on duty, be subject in every
respect to the orders of the superior officers of the Police Department.
They shall receive such compensation each day of service as may be
fixed by the Township Council.
[Added 11-9-2015 by Ord.
No. 2015-10]
The Police Captain shall supervise the Police Department activities,
subject to the policies, directives and procedures established by
the Chief of Police and the general supervision of the Chief; shall
assist in the supervision of the Lieutenants, Sergeants and patrolmen
as well as civilian police personnel; perform his or her duties faithfully
and promptly in the promotion of public peace and safety; and such
other duties as may be assigned by the Chief of Police.
[1]
Former § 36-5, Chief of Police,
as amended, was repealed 8-14-2000 by Ord. No. 2000-18.
A.
To be eligible for appointment to the police force, a person shall be not less than 18 years of age and a citizen of the United States and shall be sound in body and mind; of good health; able to read, write and speak the English language well and intelligently; and shall be of good moral character. Said person shall also possess the qualifications set forth in Subsections B and C of this section.
[Amended 6-22-1992 by Ord. No. 1992-5]
B.
In addition to the foregoing qualifications for appointment
as a police officer, such person, before receiving permanent appointment,
shall successfully complete a police training course at an approved
school as defined in N.J.S.A. 52:17B-66 et seq. (herein referred to
as the "Act"), and pursuant to the authority given by such Act, no
person shall hereafter be given or accept a permanent appointment
as a police officer unless such person has successfully completed
a police training course at an approved school, as therein defined.
C.
Pursuant to the provisions of the Act, attendance
at an approved school, as therein defined, is hereby authorized by
persons holding a probationary or temporary appointment as a police
officer, when authorized in behalf of the Township by the Township
Manager.
D.
Residency.
[Amended 4-10-1995 by Ord. No. 1995-8]
(1)
All qualified applicants for the position of Mount
Holly Township police officer shall be classified in the following
classes:
(2)
All appointments to the position of Mount Holly Township
Police Officer shall be made in accordance with N.J.S.A. 40A:14-123.1a,
with all those in Class I to be appointed first and then those in
each succeeding class in the order listed above.
(3)
All applicants classified as Class I must be residents
of Mount Holly Township as of the announced closing date of the Civil
Service Examination for the position and must maintain such residency
continuously up to and including the date of appointment.
(4)
Once appointed to the police force, a police officer
must establish residency within such reasonable distance of the Township
as to allow the officer to respond with promptness to emergency calls.
[Amended 2-26-2007 by Ord. No. 2007-04]
All appointments and all suspensions, fines,
removals or other disciplinary action shall be made or imposed by
the Township Manager, as provided by law, or by the Chief of Police
when generally authorized by the Township Manager or applicable law.
Each and every police officer shall make complaint
before the Judge of the Municipal Court, or his/her Clerk, of every
person known to such officer to have violated any of the laws of the
United States or the State of New Jersey or the ordinances of the
Township, so that a warrant or summons for the appearance of the person
charged with the violation may be issued.
[Amended 2-26-2007 by Ord. No. 2007-04]
A.
Violations of any regulations or of any rule or regulation
for the governance of the Police Department or of the Duty Manual
of the Mount Holly Police Department, promulgated by the Chief and
approved by the Township Council, shall be cause for dismissal from
the Department.
B.
Suspension with loss of pay. When any member of the
police force is suspended from office and later reinstated, he or
she shall not receive any pay for the period of such suspension, unless
otherwise ordered by the Township Council.
C.
Penalty in lieu of dismissal. All charges against
members of the police force shall be thoroughly examined by the Township
Manager or Chief of Police if authorized by the Manager to appoint
and remove subordinates. Upon any member of the force being found
to have violated any of the rules, regulations or orders of the Department,
the Manager or Chief, if appropriate, may, in lieu of dismissal from
the force, impose such penalty as in his judgment is warranted by
the character of the offense.
[Amended 2-26-2007 by Ord. No. 2007-04; 8-11-2008 by Ord. No. 2008-18]
The Chief of Police shall recommend to the Township
Manager, as the appropriate authority, for the Township Manager’s
review, amendment and approval such rules and regulations concerning
the conduct and duties of the officers and members, the kinds of uniform
and insignia to be worn by them and concerning such other matters
as may be necessary for the proper regulation of the Police Department.
The Chief, with the approval of the Manager, may embody all or any
of them, together with the recommended schedules for infractions,
in a manual or manuals to be known as the "Duty Manual of the Mount
Holly Police Department." The neglect of any member of the Department
to carry out each and every rule and regulation or proper order of
the Chief shall be sufficient cause for that member to be dismissed
from the Department.
The following provisions of the agreement entitled
"Agreement Between the Township of Mount Holly and the Association
of Mount Holly Police Department Employees, Burlington County, New
Jersey," dated May 11, 1977, and approved by the resolution of the
Township Council, adopted June 6, 1977, copies of which are on file
with the Township Clerk and with the Chief of Police and Director
of Public Safety, and subsequent revisions thereto that are formally
adopted, are hereby adopted by reference and made part of the rules
and regulations for the regulation of the Police Department and shall
apply to all members of the Police Department, viz, Section V, Employment
Responsibilities; Section IX, Uniforms, Equipment and Personal Articles;
Section XI, Other Items and applicable as to Police Grades 5P, 14P
and 15P; Section VI, No Strike Pledge and Section VII, Grievance Procedure.
A.
Enumeration. Police Department employees shall be
eligible for the following types of leave according to the annual
compensation ordinances of the Township:
B.
Regulations. The Township Council shall establish
the amount of various leaves and the regulations governing their use
through agreements with the Association of Mount Holly Police Department
Employees duly adopted by the Township and filed with the Township
Clerk.
C.
Statutory sick leave. Pursuant to the provisions of
N.J.S.A. 40A:14-137, applicable only to members of Police Departments,
a member or officer of the Police Department who shall be injured,
ill or disabled from any cause may receive leave of absence with pay
not exceeding one year, provided that the examining physician appointed
by the Township Manager shall certify to such injury, illness or disability.
This section shall be construed to apply to sick leave for a continuous
period of time in excess of the period of time specified above for
personal sickness.
D.
Court attendance. Pursuant to the provisions of N.J.S.A.
40A:14-135, whenever any member of the Police Department or force
shall be required to appear before any Grand Jury or at any Municipal,
County, Superior or Supreme Court proceeding, except in a civil action,
the term during which said member is so engaged shall be considered
a time of assignment to and performance of duty, and the member shall
suffer no loss of compensation if such appearance occurs during his
or her assigned duty hours, and if such appearance is outside his
or her assigned duty hours, said member shall receive either compensatory
time off from his or her regular duty hours or, in cases where such
time off, in the opinion of the Township Manager, will interfere with
the efficiency of the Department, additional compensation.
[1]
Editor's Note: Former § 36-13, Police
Captain, was repealed 2-26-2007 by Ord. No. 2007-04.
[Amended 2-26-2007 by Ord. No. 2007-04]
The Police Lieutenants shall supervise the Police
Department activities, subject to the policies, directives and procedures
established by the Chief of Police and the general supervision of
the Chief; shall be responsible for staff functions of recordkeeping,
training, reporting and related activities; shall assist in the supervision
of the Sergeants and Patrolmen; coordinate and assist in criminal
investigations; perform their duties faithfully and promptly in the
promotion of public peace and safety; and such other duties as may
be assigned by the Chief.
[Amended 2-26-2007 by Ord. No. 2007-04]
The Police Records Clerk shall prepare and file
confidential records in the Police Department; maintain, classify,
index and cross reference records and files; and do such general clerical
and related tasks as may be required or directed by the Chief of Police.
[Amended 2-26-2007 by Ord. No. 2007-04]
The Parking Enforcement Officer shall enforce
both on-street and off-street parking regulations; direct traffic
and perform other duties of a routine traffic detail as may be necessary
to facilitate the movement of pedestrian and vehicular traffic; assist
in spectator or other crowd control; assist in the searching and processing
of prisoners and serve, when necessary, as matron; perform dispatching
or related tasks; and perform such other tasks as may be required
or directed by the Chief of Police.
[Added 10-28-2002 by Ord. No. 2002-38]
Police aide, under close supervision of a police
officer, performs nonlaw enforcement duties; assists a police officer
in performing clerical and routine field duties; does related work
as required.
[Adopted 9-28-2009 by Ord. No. 2009-12]
As used in this article, the following terms shall have the
meanings indicated:
Regular, full-time permanent police officers and/or special
law enforcement officer Class 2 of the Township of Mount Holly that
are being hired by a private employer to provide security, traffic
control or similar services.
Any entity, public or private, other than the Township of
Mount Holly, that is hiring an employee, as defined herein, to provide
security, traffic control or similar services for the private employer's
business, project, or function.
The Township of Mount Holly.
A.
Employees of the Township's Police Department, whether they be full
time or part time, are expressly authorized to engage in security,
traffic control or similar services during their off-duty hours for
private employers, so long as arrangements therefor are made through
the Township, the duties will not interfere with or detract from their
primary employment with the Township, and any compensation paid to
the employee for such service is channeled through the Township.
B.
Employees performing such off-duty services are authorized to wear
an appropriate Township uniform as directed by the Chief of Police
and/or Public Safety Director.
C.
The authorization provided for in this article shall apply only to
off-duty services provided for private employers consistent with the
employee's responsibility and training for his/her Township employment.
D.
In granting this authorization, the Township assumes no responsibility
or liability for the actions or nonactions of the off-duty employees
except as may be imposed by law. Notwithstanding this disclaimer,
in the event that an employee, while performing services contemplated
under this article, is required to return to on-duty status (such
as a police officer witnessing an illegal act or becoming involved
in an arrest or other police function), the Township shall be responsible
for the actions of its employees while in off-duty employment. To
the fullest extent permitted by law, the private employer shall, nevertheless,
defend the Township and its employees, hold them harmless, and indemnify
them from any claims arising from their actions or nonaction.
E.
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this article that off-duty work
authorized by this article shall entitle police officers to coverage
under the Police and Fireman's Retirement System where they are injured
during off-duty or outside employment under the scope of this article.
Both the Township and the members of the Township's Police Department
are familiar with these memoranda and, because they will be ultimately
subject to departmental discipline and control, and because they are
ultimately paid by the Township, they are considered in accordance
with the February 1990 memorandum to be covered for injury or death
that may occur while performing those duties.
F.
Notwithstanding any other provisions of this article, the Township
Manager and the Chief of Police and/or Public Safety Director shall
retain, absolutely, the right to refuse any extra-duty assignment
if, in their sole discretion, such refusal is necessary for the proper
and efficient operation of the Department and protection of public
safety. Furthermore, no officer shall have engaged in extra-duty work
during the eight hours immediately preceding the commencement of his
work shift with the Mount Holly Police Department.
A.
Any private employer desiring to retain the services of employees
of the Township for extra-duty activities shall be required to enter
into a contract with the Township. Except in cases of bona fide emergency,
no assignment to extra duty may be made unless, prior to the assignment,
the private employer or public entity has executed a contract for
the services and has made the required deposit pursuant to the Uniform
Agreement to Provide Services by Off-Duty Personnel, which form of
agreement is on file with the Township Department of Finance. The
agreement shall include, but not be limited to, the nature of the
duties to be performed, the location where the duties are to be performed,
the date and hours of service, the rate of payment of services to
the employees (the rate of payment will be approved via separate resolution
and may be amended from time-to-time as Council deems appropriate),
administrative fees to the Township, and fees for Township-owned equipment.
Such agreement shall further provide that the minimum pay for any
assignment shall be for four hours at the required rate, regardless
of the amount of time actually worked, unless the assignment is cancelled
not less than eight hours prior to its scheduled commencement.
[Amended 10-3-2022 by Ord. No. 2022-13]
B.
The agreement with the private employer shall provide for the deposit
of monies in advance by the party for whom the services are to be
performed. Should the contract be for a period exceeding one month,
the private employer shall be required to tender an estimated payment
for the first month's services upon executing the agreement, and will
be billed periodically, in advance, thereafter. Should the actual
amount due turn out to be less than the amount deposited, the Chief
Financial Officer of the Township shall, upon conclusion of the agreement,
receipt of the final certified time slips, and receipt of a written
request from the private employer, promptly return all unused funds.
Should the amount of the deposit be insufficient, the private employer
shall pay the deficiency immediately upon receipt of notice from the
Chief Financial Officer. No extra-duty assignment may commence without
advance payment of the sums set forth above, except in cases where
the Township has negotiated an interlocal services agreement with
another unit of government that assures compensation of the assigned
officers in a manner consistent with the Attorney General's memoranda
referred to above.
C.
Any private employer who determines to cancel the services of the
off-duty officer after having scheduled same shall provide at least
eight hours' advanced notice of such cancellation prior to the scheduled
start time. If lesser notice is given, the private employer shall
be obligated to pay for four hours of time for the officer.
[Amended 10-3-2022 by Ord. No. 2022-13]
D.
In the case of bona fide emergencies, where there is no opportunity
to execute an agreement in advance, the private employer shall be
billed for the services with payment required to be made within 30
days.
E.
Should any payment due under this article not be made when due, the
Township may institute suit for collection of the same, together with
interest at the rate of 12% per annum, costs of collection, and attorneys
fees incurred in collecting the amount due. Moreover, no future agreement
may be entered into with any private employer unless and until all
past due fees, costs, and expenses are satisfied.
F.
Notwithstanding the foregoing, the Township Manager may waive the
deposit requirement for other public entities, in his sole discretion,
provided satisfactory alternate arrangements are made to assure prompt
payment for the services provided by the employees.
G.
Nothing in this section shall be construed as limiting the power
of the Township to accept or reject any and all assignments with any
private employer.
As a pre-condition to the use of employees by a private employer,
the private employer shall provide written assurance that it has adequate
and appropriate general liability insurance covering its employees
and operations. Such assurance may include a copy of the insurance
policies or such other information as the Township Manager and/or
Chief Financial Officer deems appropriate.
All private employers shall be required to make all payments
for extra-duty assignments payable to the Township. All payments shall
be forwarded to the office of the Chief Financial Officer of the Township.
The Chief Financial Officer shall cause all funds for the payment
of extra-duty employees collected from private employers to be deposited
into a special escrow account which is hereby established by this
article. The escrow fund shall be utilized for the payment to the
employees performing extra-duty services. Employees that perform extra-duty
assignments will be compensated at the appropriate rate as established
by the Township plus an amount calculated by the Township Manager
and Chief Financial Officer sufficient to cover the employer's expense
for social security, pension, unemployment, disability, and similar
direct expenses of the Township. This provision shall not prevent
a special rate from being negotiated with the agreement of the employee
with other public entities. Such special rates shall be established
not less than annually by the Township Manager in consultation with
the employees and applicable unions. All employees shall be required
to submit pay slips to the Chief Financial Officer, in a form approved
by the Township Manager and Chief Financial Officer. Upon receipt
of a properly executed pay slip verified by the private employer,
the Finance Department shall process the pay slips for disbursement
during the employee's regular pay period.
In addition to payments for services, including necessary and
applicable taxes, and employer contributions, the private employer
shall pay to the Township an administrative fee of $5 per hour or
10% of the amount of the contract, whichever is greater, which shall
be utilized to offset costs associated with the Township's administration
of the private employment system.
Employees engaged in off-duty activities, as authorized by this
article, may be permitted to utilize a municipal vehicle or other
equipment subject to the approval and consent of the Township Manager
and Chief of Police and/or Public Safety Director. The private employer
shall be required, in addition to any other payments, to pay for the
use of such vehicle or equipment in advance of use. The rate for vehicle
use shall be $10 per hour plus mileage at the current rate established
using the Internal Revenue Service allowance. Rates for other equipment
shall be established at the time of contracting.
The Chief of Police shall be responsible for the overall conduct
of the members of his or her department in following the rules and
regulations promulgated herein, and shall insure that the terms, conditions,
and provisions of this article shall be fully and faithfully carried
out. Additionally, the Chief shall have authority to control employees
engaged in off-duty or outside employment pursuant to this article,
and shall further have the authority to seek discipline of any and
all employees so engaged in outside employment by private employers,
should cause for such charge arise or exist as established by the
Department of Personnel, and any and all employees shall have the
same rights as outlined under the established collective bargaining
agreement between the Township and the police union.
