[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-20-1999 by Ord. No. 1999-10 (Ch. 13 of the 1975 Code)]
[Amended 10-16-2017 by Ord. No. 2017-8]
This section recognizes the organization and existence of the
Police Department in accordance with N.J.S.A. 40A:14-114 et seq.,
as a department of Borough government to be known and designated as
the "Police Department of the Borough of Pemberton."
[Added 10-16-2017 by Ord.
No. 2017-8; amended 8-21-2023 by Ord. No. 2023-6]
The Police Department shall consist of the Chief of Police,
Sergeant, Executive Police Administrator, and no more than 10 full-time
and/or part-time patrol officers. The creation of additional positions
may be done only through amendment to this section.
[Added 10-16-2017 by Ord.
No. 2017-8]
A police station, which shall constitute the headquarters of
the Police Department, shall be located in the Borough Hall, and shall
be provided with such equipment and facilities as shall be determined
by the Borough Council. The headquarters shall be open for police
business, with consideration to the convenience of the public, at
such times, including Sundays and holidays, as the needs of the Borough,
as determined by the Chief of Police with the consent of the Borough
Administrator, may require.
[Added 10-16-2017 by Ord.
No. 2017-8]
The uniforms of the officers and members of the Police Department
shall be of regulation pattern, as approved by the Borough Council,
and must be worn on all occasions when on duty, unless otherwise authorized
by the Police Commissioner. Any officer or member, upon ceasing to
be such officer or member, shall immediately surrender to the Borough
Administrator any Borough property in his or her possession.
The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute violators
of the laws of the State of New Jersey and the ordinances of the Borough
of Pemberton; 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.
[Amended 10-16-2017 by Ord. No. 2017-8]
The Chief of Police shall be the head of the Police Department.
The Chief of Police shall be responsible to the Police Commissioner
for the efficiency and day-to-day operations of the Police Department,
and pursuant to policies established by the Police Commissioner, shall:
A. Administer and enforce the rules and regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its officers and members;
B. Have, exercise, and discharge functions, powers and duties of the
Police Department;
C. Prescribe the duties and assignments of all members and officers;
D. Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
control, including the delegation of responsibilities in the Chief's
absence;
E. Report at least monthly to the Police Commissioner in such form as
shall be prescribed by the Police Commissioner on the operation of
the force during the preceding month, and make such other reports
as may be requested by the Police Commissioner;
F. Investigate, or cause to be investigated, the conduct of any officer
or member of the Police Department or its personnel, and recommend
for suspension or discharge any officer of member of the Police Department
after following appropriate procedures;
G. Study, recommend, implement and enforce administrative procedures
and policies within the Police Department.
H. Study, recommend, implement and enforce programs and plans for the
education and training of police officers and personnel affiliated
with the Police Department.
I. Recommend, with the consent of the Borough Administrator and Police
Commissioner, eligible candidates for employment in the Police Department,
and members and officers for promotion.
[Amended 10-16-2017 by Ord. No. 2017-8]
A. The Mayor shall appoint, at the annual organization meeting, with
the advice and consent of the Borough Council, a member of the Borough
Council to serve for one year as Police Commissioner. Except as otherwise
provided in N.J.S.A. 40A:14-118, in all matters relating to the police
function, the Mayor, Borough Council and individual members thereof
shall act through the Police Commissioner who shall serve as a liaison
between the Borough Council, Mayor and the Police Department. The
Police Commissioner shall adopt and promulgate rules and regulations
for the government of the Police Department and for the discipline
of its members. The Chief of Police shall be directly responsible
to the Police Commissioner for the efficiency and routine day-to-day
operations of the Police Department. Nothing herein shall be construed
to limit the authority of the Chief of Police to issue, adopt, revoke
and amend orders and procedures for the administration of the Police
Department which do not constitute general rules and regulations.
B. The rules and regulations promulgated by the Police Commissioner
shall be adopted by the Borough Council by resolution adopting the
same which may be amended as circumstances may require. A copy of
the rules and regulations shall be kept in the Borough Clerk's office.
[Amended 10-16-2017 by Ord. No. 2017-8]
A. No person shall be appointed Chief of Police, Sergeant, or police
officer unless he or she shall first make written application to the
Borough Council for such appointment. Except for the application for
the position of Chief of Police, every such application shall be in
the form approved by the Borough Council, shall be signed and sworn
by the applicant and shall be filed with the Chief of Police who shall
present it to the Police Commissioner for review and recommendation
to the Borough Council. No person shall be appointed to the Police
Department who is not qualified as provided in the New Jersey Statutes.
An applicant for an appointment shall successfully complete physical,
mental and psychological examinations.
B. An application for the position of Chief of Police shall be filed
with the Borough Clerk who shall present it to the Mayor and Police
Commissioner for review and recommendation to the Borough Council.
[Added 10-16-2017 by Ord.
No. 2017-8]
A. Eligibility. Promotion to the rank of Sergeant shall be made from
the membership of the Police Department. Due consideration shall be
given to the member's length and merit of service, including his or
her prior employment history in other police departments, and preference
shall be given according to seniority in service; however, no member
shall be eligible for promotion who has received major discipline.
No candidate shall be eligible for promotion who has not served as
a Patrol Officer in the Police Department for at least three years.
Additionally, a candidate for promotion must have obtained an Associate's
Degree (or sixty-four-credit equivalent) and submit an official college
transcript or diploma. The Police Commissioner may waive one or both
of these requirements and shall provide the Borough Council with an
explanation for the granting of any waiver.
B. Background investigation. A review of a candidate's personnel, training
and background investigation files will be conducted, including all
prior police employment.
C. Promotional examination process. The Chief of Police shall request
permission from the Police Commissioner to hold a promotional examination
process. Once approved, the Chief of Police shall provide written
notice of the exam to all personnel. The announcement shall include
a recitation of the eligibility and educational requirements. To be
eligible to participate a candidate must submit a written request
to the Chief of Police prior to the deadline set forth in the announcement.
The announcement shall include a description of the promotional process
and should indicate to candidates the format, length and duration
of any examinations, together with a description of any other portions
of the promotional process, any minimum cutoff scores to continue
to advance and a numerical weight assigned to each element.
D. At least 45 days before the written examination, the Chief of Police
shall announce the date, time and location where it will be given.
Prior to giving the written examination the Chief of Police shall
have obtained authorization from the Borough Council to enter into
a contract with the New Jersey State Association of Chiefs of Police,
the International Association of Chiefs of Police or other comparable
testing entity to develop, conduct and grade the written multiple-choice
examination. The Chief of Police may make suggestions to the outside
testing agency as to topics and particular questions to be included
in the test. The test will be based upon basic police practices and
may include police and investigative procedures, supervisory and administrative
principles, New Jersey criminal law, report writing, search-and-seizure
issues, New Jersey Attorney General guidelines and directives and
legal aspects and requirements of police work. The Chief of Police
shall provide a written announcement of the reading list or syllabus
of possible sources of materials utilized in developing the test in
order for candidates to prepare for the written examination. The written
examination shall account for 1/3 of a candidate's promotional score.
E. The Chief of Police, the Police Commissioner and the Borough Administrator
shall review the candidate's personnel, training and background investigation
files and grade the same based upon a score of one to 100. The average
score shall count for 1/3 of a candidate's promotional score.
F. A panel consisting of the Mayor, President of Council, a councilperson
to be selected by the President of Council, Chief of Police and a
current or retired Chief of Police from another community shall conduct
an oral interview of a candidate. Each candidate shall be presented
with the same questions or topics, designed to elicit open-ended responses
so that the oral interview panel can determine the candidate's promotional
potential, maturity, composure and leadership abilities. Each member
of the panel shall rate the candidate based upon a score of one to
100 in the oral interview. The average score shall count for 1/3 of
a candidate's promotional score.
G. Appointments shall be made by the Mayor with the advice and consent
of the Borough Council for a probationary period of six months. At
the conclusion of the probationary period, upon the recommendation
of the Chief of Police, the Borough Council may by resolution make
the appointment permanent.
No member or officer of the Police Department
shall be suspended, removed, fined, or reduced in rank for any cause
other than for incapacity, misconduct, or disobedience of the rules
and regulations established for the government of the Police Department
as provided by said rules and regulations, and/or the New Jersey Statutes.
The Borough Council may appoint from time to
time special law enforcement officers in accordance with New Jersey
Statutes 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 and shall not be entitled to tenure. The
Chief of Police may authorize special law enforcement officers when
on duty to exercise the same power and authority as regular members
of the Police Department, including the carrying of firearms and the
power of arrest.
[Added 8-21-2023 by Ord. No. 2023-6]
The Borough Council, upon the recommendation of the Mayor and
Police Commissioner, may appoint an Executive Police Administrator,
who shall be a police officer who has been trained to serve as an
internal affairs officer and who has sufficient experience to mentor
new members. Among the other primary duties of the position, duties
shall include serving as the liaison with other police departments,
monitoring towing contracts, firearms permitting, management of police
records and reports, responding to public records requests, and such
administrative and police duties as may be assigned by the Chief of
Police.
[Adopted 9-15-2003 by Ord. No. 2003-10]
As used in this article, the following terms
shall have the meanings indicated:
OFF-DUTY
That period of time when a police officer is not scheduled
for a shift or tour of duty by the Chief of Police.
POLICE OFFICER
Any regular full-time or part-time police officer of the
Borough of Pemberton.
POLICE RELATED SERVICES
Services provided by any Pemberton Borough police officer,
including, but not limited to, the provision of traffic control services
or security services.
PRIVATE PERSON or PRIVATE ENTITY
Any individual, partnership, corporation, company, business
entity, or other organization situated within or outside the Borough
of Pemberton, other than the Borough of Pemberton, which submits an
application to contract police related services from the Borough.
SECURITY SERVICES
Services requiring a police officer to perform security related
duties for a private person or private entity while wearing the Pemberton
Borough Police Department uniform or insignia and/or displaying or
carrying a Pemberton Borough Police Department badge and/or displaying
or carrying a firearm or weapon as defined by N.J.S.A. 2C:39-1.
TRAFFIC CONTROL SERVICES
Services requiring a police officer to perform traffic control
related duties for a private person or private entity while wearing
the Pemberton Borough Police Department uniform or insignia and/or
displaying or carrying a Pemberton Borough Police Department badge
and/or displaying or carrying a firearm or weapon as defined by N.J.S.A.
2C:39-1.
A. The governing body of the Borough of Pemberton retains
its lawful authority to regulate off-duty employment of Pemberton
Borough police officers and to ensure that hourly compensation rates
comply with state and federal statutes and regulations.
B. The Chief of Police is authorized to prepare rules
and regulations and policies and procedures consistent with this article
for consideration and approval by the appropriate authority.
C. The Chief Financial Officer shall submit a dedication
by rider resolution for consideration and approval by the Borough
Council in accordance with N.J.A.C. 5:30-3.3(c)(5). The Chief Financial
Officer shall establish a dedicated by rider trust fund, in accordance
with the aforesaid resolution upon its approval, for purposes of receiving
any and all fees collected from private persons and private entities
for the payment of wages to police officers and any administrative
fees provided for herein related to off-duty police related services.
A. Any private person or private entity desiring to retain
the services of an off-duty police officer for the provision of police
related services shall be required to submit an application, on a
form prescribed by the Chief of Police, not less than 30 calendar
days prior to the first date of the requested police related services.
B. The application shall require an applicant for police
related services to include the following information and such additional
information that the Chief of Police may deem necessary:
(1) Name, address, telephone number, and E-mail address
of the applicant;
(2) Description of the requested police related services;
(3) Location(s) where the police related services will
be performed;
(4) Date(s) and hours when the police related services
will be performed;
(5) Corporate disclosure statement if the applicant operates
under the corporate form of ownership; and
(6) Statement of ownership if the applicant operates under
a form of ownership other than the corporate form.
C. The applicant shall submit a certificate of insurance
with the completed application providing for general liability and
automobile liability coverages in minimum amounts of $1,000,000 for
any one claim and $2,000,000 for any aggregate claims. The certificate
of insurance shall provide on its face that the Borough of Pemberton
is an additional insured under the policy or policies of insurance.
D. The applicant shall submit a signed and duly adopted
hold harmless and indemnification agreement in a form prescribed by
municipal counsel for the Borough of Pemberton.
A. A copy of the request for police related services
will be posted in the Police Department by the Chief of Police.
B. Requests for off-duty assignments covered by this
article are strictly voluntary. No police officer shall be ordered
to perform off-duty police related services that are covered by this
article. However, once a police officer's request for an off-duty
assignment is approved by the Chief of Police and a contract is entered
into with the applicant, the police officer shall be subject to an
order of the Chief of Police to perform the off-duty assignment in
order that the Borough may fulfill its contractual obligation under
the contract.
C. Police officers shall have the opportunity to voluntarily
request off-duty assignments on a form prescribed by the Chief of
Police. The Chief of Police shall approve off-duty assignments on
as equal a basis as is practicable.
D. The Chief of Police may, in his discretion, deny requests
for off-duty assignments in consideration of the changing business
necessities of the Police Department.
[Amended 8-18-2014 by Ord. No. 2014-8]
A. For purposes of contracts entered into in accordance with this article,
the Chief of Police is designated as the contracting agent for the
Borough of Pemberton and may sign such contracts on behalf of the
Borough of Pemberton.
B. Contracts shall be in a form prescribed by municipal counsel for
the Borough of Pemberton.
C. One copy of each fully signed contract shall be provided to the applicant,
Chief Financial Officer, and the Municipal Clerk prior to the date
off-duty police related services will commence.
D. All contracts entered into in accordance with this article shall
contain a provision establishing a cancellation fee equal to 50% of
the estimate wages of the police officer. The cancellation fee, less
10% to be retained by the Borough of Pemberton as an administrative
cancellation fee, shall be paid over to the police officer.
E. All contracts entered into in accordance with this article shall
contain a provision establishing fees related to the payment of wages
of police officers who will engage in the off-duty assignment(s),
hourly or daily fees for usage of Borough-owned equipment, and an
administrative fee.
F. The Borough
may choose to utilize a private vendor to administer and perform the
function of contracting for the employment of off-duty officers and
for their payment in accordance with the provisions of the contract
between the Borough and the vendor. The private vendor will be compensated
by a fee set forth in the contract that will be an additional charge
to be paid by the person or entity engaging the Borough for off-duty
police services.
[Added 6-20-2023 by Ord. No. 2023-5]
[Amended 8-18-2014 by Ord. No. 2014-8]
A. Prior to approval by the Chief of Police for a request for off-duty
assignment, the Chief Financial Officer or the Borough Treasurer shall
provide the Chief of Police with an escrow statement itemizing the
estimate wages of the police officer, the Borough's contributions
for pension, social security and such other contributions required
to be made from public funds, and hourly fee for any Police Department
equipment (e.g., patrol car, night vision scope, GPS). The escrow
statement shall also include an estimated administrative fee set annually
by resolution to correspond with the hours worked by the officer.
[Amended 6-20-2023 by Ord. No. 2023-5]
B. The escrow estimate together with a copy of the contract and instructions shall be forwarded to the applicant. Upon receipt of the escrow payment and signed contract from the applicant the Chief of Police shall immediately turn over the escrow payment to the Borough Treasurer and shall forward fully signed copies of the contract in accordance with §
31-12 above.
C. A copy of the escrow statement shall also be provided to the police
officer and shall contain a statement that the police officer's request
for the off-duty assignment has been approved conditioned upon receipt
of the escrow payment and signed contract.
D. The estimated and actual wages of the police officer shall be based
on the hourly rate set annually by resolution.
[Amended 6-20-2023 by Ord. No. 2023-5]
E. There shall be an hourly rate set annually by resolution corresponding
to the hours worked by the officer for administrative costs.
[Amended 6-20-2023 by Ord. No. 2023-5]
F. There shall be a daily rate set annually by resolution for Borough-owned
vehicles and equipment.
[Amended 6-20-2023 by Ord. No. 2023-5]
G. Escrow payments shall be in the form of cash or certified check or
money order.
H. No off-duty police related services shall be provided to any private
person or private entity unless and until the escrow payment has been
received by the Borough Treasurer.
I. Upon completion of the off duty police related services, the Chief
Financial Officer shall prepare a final invoice. Should the final
invoice for services, based on the services actually performed by
the off-duty police officer, be less than the amount of the escrow,
the Chief Financial Officer shall submit a resolution to the Borough
Council approving disbursement of the escrow balance to the private
person or private entity. In the event that the actual invoice for
services exceeds the escrow balance, the Chief Financial Officer shall
notify the private person or private entity that an amount remains
due and must be paid within 10 calendar days of receipt of the invoice.
Should any amounts due from a private person or private entity not
be received within the ten-calendar-day collection period, the Chief
Financial Officer shall forward the contract and invoice to the municipal
counsel for institution of collection proceedings.
The Chief of Police shall have the authority
to order any police officer engaged in providing off-duty police related
services within the Borough of Pemberton to respond to an emergency
within the Borough of Pemberton. The Chief of Police shall also have
the authority to immediately terminate any off-duty assignment whenever
that assignment creates an unacceptable risk to the health, safety
and welfare of the police officer or citizens of the Borough of Pemberton.
In any situation where the off-duty police officer is called to an
emergency or the assignment is terminated for health, safety and welfare
reasons, the private person or private entity shall not be responsible
for the payment of services until such time as the police officer
and/or equipment returns to the off-duty assignment.
A. It is the intention of the Borough Council in adopting
this article to comply fully with all Attorney General Opinions (including
Formal Opinion No. 23-1977 and Formal Opinion No. 11-1978), Local
Finance Notice CFO 2000-14, N.J.A.C. 5:30-3.3(c.)(5), the Local Finance
Law, the Local Budget Law, the Private Detective Act, the Fair Labor
Standards Act, and other state and federal laws which may be applicable
to off-duty assignments of police officers.
B. The Chief of Police shall be authorized to immediately
suspend this program for contracting of and payment for police related
services upon receiving notice that the program or any part of it
does not comply with state or federal laws or Attorney General guidelines
and opinions.