Township of Mount Laurel, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
[Adopted 7-18-1956 by Ord. No. 1956-6; amended in its entirety 3-20-1995 by Ord. No. 1995-5]
[Amended 3-17-2008 by Ord. No. 2008-4]
A. 
The Chief of Police shall supervise, direct and control all of the operations and activities of the Police Department of the Township. The Police Department shall consist of regular police officers and special police officers and such other employees as the Township governing body may appoint from time to time.
B. 
The Deputy Police Chief of the Township of Mount Laurel, when appointed, shall exercise the supervision, direction and control authority over the operations and activities of the Police Department of the Township in the absence of the Chief of Police. The said Deputy Chief shall consult with the Township Manager in the exercise of that authority and will continue exercising the said authority until the earlier of the return to service of the Chief of Police or the appointment of a successor Chief of Police. The Deputy Police Chief shall retain the rank as second in chain-of-command within the Police Department.
A. 
No person shall be appointed an officer or member of the Police Department unless he is a citizen of the United States and has been a resident of the State of New Jersey for at least one year; is sound in body, of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that such person is eligible to membership in said retirement system; is able to read, write and speak the English language well and intelligently; and is of good moral character.
B. 
The governing body of the Township of Mount Laurel is hereby authorized to appoint and retain in its employ, as present or future officers or members of the Township of Mount Laurel Police Department, individuals who meet the requirements of this article and the requirements specified in N.J.S.A. 40:47-3, as amended or supplemented,[1] or any other applicable law, with the exception that said present or future officers or members of the Police Department need not be residents of the Township of Mount Laurel prior to or at the time of their appointment to the Department.
[1]
Editor's Note: See N.J.S.A. 40A:14-9 and 40A:14-122 et seq.
C. 
No person shall be so appointed who has been convicted of any offense constituting an indictable offense or who has been convicted of any crime or offense involving moral turpitude.
D. 
No person shall be appointed as a police officer who is less than 18 or more than 35 years of age. The provisions of this subsection of the article relative to age are subject to the provisions of Chapter 98 of the Laws of 1944 of the State of New Jersey (N.J.S.A. 38:23A-2).
E. 
Notwithstanding the foregoing provisions, the Township governing body may employ officers or men temporarily in case of an emergency or for parts of years where their services are not needed throughout the entire year and discharge them at the expiration of such temporary employment. Any person appointed to the Police Department who is, at the time of appointment, not a resident of the Township of Mount Laurel shall live in such proximity to the Township as will satisfy the Township governing body that the appointee will be able to fully perform his duty as a member of the Police Department.
F. 
Any police officer employed by Mount Laurel Township must be a resident of the State of New Jersey during the entire time of his or her employment as a police officer in Mount Laurel Township Police Department.
Before any person is appointed as a regular police officer in the Police Department of the Township of Mount Laurel, he or she shall first be appointed for a probationary period of one year.
Before entering upon the discharge of their duties, regular police officers, probationary police officers, temporary police officers and special police officers shall severally take and subscribe an oath or affirmation to truly, faithfully and impartially execute their duties to the best of their skill and understanding, and said oath or affirmation shall be filed with the Township Clerk within 10 days after such appointment.
The officers and members of the Mount Laurel Police Department shall be paid such salary or compensation as the Township Council may by ordinance from time to time provide and in a manner consistent with any collective bargaining agreements which have been entered into between Mount Laurel Township and members of the Police Department or their representatives.[1]
[1]
Editor's Note: See Ch. 53, Salaries and Compensation.
The Township governing body may appoint special policemen for a term not exceeding one year and may revoke such appointment without cause or hearing. The special policemen's powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. They may be furnished with a badge upon the deposit of a sum to be fixed by the Township governing body, which may be refunded upon return of the badge.
A. 
No person shall be appointed as a special policeman unless he is a citizen of the United States; able to read, write and speak the English language; physically qualified and of good moral character; and shall not have been convicted of any crime. No such special policeman shall carry a revolver or other weapon when off duty. Every special policeman shall be fingerprinted, and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
B. 
Every such special policeman shall be under the supervision and direction of the Chief of Police or officer in charge of the Police Department.
C. 
Every such special policeman shall comply with the Police Department's rules and regulations promulgated by the governing body of the municipality for the conduct and decorum of the regular members of the Police Department.
D. 
Before any such appointment is made, the Chief of Police shall ascertain whether the applicant for the appointment is eligible and qualified, as provided herein, and a written report shall be made to the Township governing body.
E. 
Said written report shall be made by the Chief of Police within two weeks of the date the same is requested by the Township governing body, and said written report shall list the findings of the Chief of Police in detail. Following the receipt of such written report, the Township governing body shall determine whether to appoint said special policeman and, in conjunction therewith, may make an independent investigation and appraisal of such applicant or proposed appointee.
The uniforms, equipment and weapons of the Police Department shall be furnished by the Township of Mount Laurel and be and remain its property. Such uniforms and equipment and weapons shall be issued by the Chief of Police, who shall take a receipt from the member obtaining the property. The members of the Department receiving uniforms, equipment and weapons shall be held responsible for the same and, upon leaving the service for any cause, shall turn in to the Chief of Police all property belonging to the Township. The reasonable value of any property, including uniforms, equipment and weapons, not so returned shall be deducted from the amount of salary or wages due such member. Request for replacement for uniforms, equipment or weapons shall be made by the members to the Chief of Police.
The Chief of Police shall cause the members of the Police Department under him to obey the rules and regulations as prescribed. Members of the Police Department shall, under the direction of the Chief of Police, cause the public peace to be preserved and see that all ordinances of the Township are properly enforced.
The conduct of members of the Police Department, whether on or off duty, and causes for removal, fine, demotion or suspension and the methods of hearing disciplinary proceedings shall be as set forth in the rules and regulations adopted pursuant to this article and pursuant to the Personnel Ordinance of the Township adopted August 18, 1969,[1] and in conformance with the provisions of N.J.S.A. 40:47-1 et seq.[2]
[1]
Editor's Note: See Ch. 40, Personnel Policies.
[2]
Editor's Note: See N.J.S.A. 40A:14-1 et seq.
The appointments of all of the regular members of the Police Department of the Township of Mount Laurel as heretofore made are hereby confirmed, and all such regular members of said Police Department as constituted prior to the adoption of this article are hereby confirmed in their said appointments and shall, upon the adoption of this article, hold and retain the rank which they have heretofore held and enjoyed prior to the adoption of this article.
All members of the Police Department shall work such hours and schedules as the Chief of Police shall direct.
[Amended 12-17-2001 by Ord. No. 2001-19; 3-10-2014 by Ord. No. 2014-1]
A. 
Purpose. The purpose of this section is to set forth guidelines to govern the employment of Mount Laurel Township police officers for extra-duty details within the Township of Mount Laurel and which extend beyond their regular assigned duties and responsibilities.
B. 
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 of Mount Laurel Township.
EXTRA-DUTY
Any outside employment when a police officer is not scheduled for a shift of duty by the Mount Laurel Township Police Department and that calls for actual or potential use of law enforcement powers by the police officer.
C. 
Extra-duty details permitted under certain conditions. Members of the Mount Laurel Township Police Department shall be permitted to accept police-related employment for private employers and other Township entities only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township as determined by the Mount Laurel Township Chief of Police.
D. 
Chief of Police approval required. Any person or entity wishing to employ off-duty police officers for extra-duty work shall first obtain the approval of the Chief of Police. Approval shall be granted if in the opinion of the Chief such employment would not be inconsistent with the efficient functioning and good reputation of the Mount Laurel Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work or be contrary to the best interests of the Township of Mount Laurel.
E. 
Minimum time of assignments; cancellation. Assignments shall be a minimum of two hours. Cancellation of an assignment shall subject the employer to minimum compensation requirements in accordance with the current police collective bargaining agreements.
F. 
Employer violations and penalties. Any employer who employs a police officer for extra duty without first having complied with the requirements as set forth shall be subject to a fine of $500 or imprisonment of one day, or both, for each day that it employs the police officer.
G. 
Compliance with rules. Officers working an extra-duty assignment shall adhere to all rules, regulations, orders and standard operating procedures of the Mount Laurel Police Department.
H. 
Eligibility. In order to be eligible for extra-duty employment, a police officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an ongoing injury shall not be eligible to engage in extra-duty employment. Officers who accept or perform extra-duty employment while on sick or injured leave from their regular duties with the Mount Laurel Township Police Department shall be subject to discipline.
I. 
Wages. Wages earned for outside extra-duty employment by any Mount Laurel Township police officer shall not be applied toward the pension benefits of the police officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime payable by the Township of Mount Laurel.
J. 
Defense and indemnification. Each employer of a police officer for extra duty must defend and indemnify the police officer, the Police Chief, the Police Department, the Mount Laurel Township Council members, Mount Laurel Township and any agent, officer or employee thereof and save them harmless from and against any and all claims, actions, damages, liability and expenses, including but not limited to court costs and reasonable attorney's fees, without regard to fault, in connection with or arising out of any acts or omissions by the Mount Laurel Township police officer in performing the extra duty subject to said employer's agreement with Mount Laurel Township or in connection with or arising out of that agreement between said employer and the Township of Mount Laurel or Mount Laurel Township Police Department for such extra-duty assignment.
K. 
Procedure.
(1) 
Any person or entity wishing to receive police services which the Township is not obligated or expected to provide or does not usually provide as part of its regular plan of police services may arrange to receive such services within the Township through the Chief of Police. Such persons should notify the Chief of Police, in writing, of the specific nature of the services desired at least 15 days before such services are required, unless exigent circumstances exist. All requests shall be subject to the availability of personnel as determined by the Chief of Police. The Chief of Police is responsible for public safety in Mount Laurel and as such shall administer all activities pursuant to this section.
(2) 
All police services within the Township of Mount Laurel shall be delivered by officers from the Mount Laurel Police Department. If the Chief of Police determines that the demand cannot be met by the Mount Laurel Police Department, he or she may request additional police officers from outside agencies.
(3) 
All requests for extra-duty police services will be finalized in a written agreement between the Chief of Police and the individual or entity requesting such services. The agreement shall specify, at a minimum, the following:
(a) 
The scope of services that are to be provided;
(b) 
The commencement date of the police services to be provided;
(c) 
The hours of authorized operation;
(d) 
The number of officers requested and total man-hours needed; and
(e) 
The anticipated date when the need for police services will be completed.
L. 
Payment for extra-duty police services.
(1) 
All fees for extra-duty police services will be collected by the Mount Laurel Police Department, in full, prior to the delivery of such services. The fee shall consist of a special hourly rate, agreed upon by the Township and the recognized collective bargaining unit, to be paid to officers working extra-duty assignments, plus a reasonable approximation of the administrative cost, overhead and out-of-pocket expenses to the Township for providing the service. All payments for such services shall be made payable to Mount Laurel Township.
(2) 
Any person or entity requesting a Mount Laurel Township Police officer for extra-duty employment shall deposit with the Township a sum as determined by the Chief of Police based upon a reasonable estimate of the total costs for such services.
(3) 
All funds remaining in the escrow account after the service is completed and the monies have been disbursed to the officers working extra-duty employment assignment shall be returned to the person or entity requesting such extra-duty employment. Persons or entities anticipating the need for additional extra-duty police services may leave the balance in the escrow account to put towards their next use of Mount Laurel police. Funds on deposit will not earn interest.
(4) 
Upon completion of each extra-duty work assignment, the Chief of Police shall cause a summary of the assignment to be forwarded to the Township Finance Office to facilitate payment. Upon receipt of proof of extra-duty police services, the Township shall disburse payment to those officers who worked the extra-duty assignments. Payment will be based upon the established officer's hourly rate agreed upon by the Township and the recognized collective bargaining unit. Payment for extra-duty assignments shall be made to the officers at the next available pay period.
M. 
Exigent circumstances. The Chief of Police maintains broad discretion to amend, modify or otherwise act without conforming to the letter of this section if exigent circumstances exist or the public health, safety or welfare mandates action by the Chief and would not otherwise allow for timing or deadlines as set forth herein, to be met.[1]
[1]
Editor's Note: Former § 43-12.2, Escrow accounts, added 12-17-2001 by Ord. No. 2001-19, was repealed 3-10-2014 by Ord. No. 2014-1. See now § 43-12.1L.
No member of the Police Department of Mount Laurel Township, no probationary officer of said Department, no temporary police officer appointed by the Mount Laurel Township governing body and no special policeman appointed by said governing body shall be issued a gun of any nature or description, nor shall any of the foregoing persons carry a gun of any nature or description, unless and until said person has been fully instructed in its use and until such person has satisfactorily completed a course in the handling of such gun and until such person has satisfactorily completed a course in marksmanship with such gun. No police officer employed by the Township of Mount Laurel shall be issued a weapon of any nature or description until such time as that police officer meets the minimum standards of proficiency as required and outlined by the Office of the Attorney General of the State of New Jersey.
[Adopted 7-27-2015 by Ord. No. 2015-10]
The position of Police Chaplain for the Mount Laurel Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Chaplain shall be under the Chief of Police.
Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the policies of the Mount Laurel Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.
The duties of Police Chaplain shall include, but not be limited to, assisting the Mount Laurel Police Department in death notifications, station house adjustments, and any other duties that may be assigned by the Chief of Police.
Any person appointed as Chaplain shall serve in that capacity without rank or salary.
A person appointed as Chaplain shall serve for a period of one year from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.
The Chief of Police may recommend to the Township Manager persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the policies of the Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain liaison to determine his/her qualifications in accordance with this article and shall make recommendations to the Township Manager regarding the appointment as Chaplain. The Township Manager shall appoint Chaplains in accordance with this article with the advice and consent of Township Council.