[HISTORY: Adopted by the Township Committee
of the Township of Pemberton 1-21-1999 by Ord. No. 2-1999.[1] Amendments noted where applicable.]
[Amended 10-7-2015 by Ord. No. 6-2015]
The Township of Pemberton Police Department has been established in Chapter 3 of the Pemberton Township Code, and was created pursuant to the authority set forth in the Faulkner Act, N.J.S.A. 40:69A-31 et seq., the Administrative Code of the Township of Pemberton (Chapter 3), and N.J.S.A. 40A:14-118 et seq., and any amendments hereinafter enacted thereto.
The Official name of the police force shall
be the "Pemberton Township Police Department."
This chapter shall be known and may be cited
as "Township of Pemberton Police Department Ordinance."
[Amended 8-2-2023 by Ord. No. 30-2023]
It is the function of this Department to bring
police services to the residents and taxpayers of the Township of
Pemberton. The Police Department shall enforce all laws which operate
within the Township. It is the function of the Police Department to
preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the Township,
suppress riots, mobs and interruption, disperse unlawful or dangerous
assemblies and preserve order at all elections and public meetings.
A further function is to administer and enforce laws and ordinances
to regulate, direct, control and restrict the movement of vehicular
and pedestrian traffic and the use of streets by vehicles and persons
and to make such rules and regulations not inconsistent with the statutes,
rules, ordinances and general law for such purpose. Further, the Police
Department shall remove all nuisances in public streets, parks, and
other public places and inspect and observe all places of public amusement
or assembly and all places of business requiring any state or municipal
licenses or permits. In addition, the Police Department shall perform
all such other duties as may be provided by ordinance.
[Amended 6-6-2002 by Ord.
No. 16-2002; 10-7-2015 by Ord. No. 6-2015]
A.
Sworn officers. Within the Police Department there shall be a Chief
of Police, who shall be the head of the police force as set forth
in N.J.S.A. 40A:14-118 et seq., not more than one Captain; not more
than three Police Lieutenants; not more than seven Police Sergeants;
and a number of patrol officers not to exceed 46, to be appointed
by the Mayor.
[Amended 8-2-2023 by Ord. No. 30-2023]
B.
Civilian employees. Pursuant to the authority set forth in N.J.S.A.
40:69A-31 et seq., the Mayor shall appoint a Director of Police with
the advice and consent of the Township Council, who shall be the Department
Director, and who shall report to the Business Administrator and the
Mayor. The Chief of Police may be appointed Department Director without
additional compensation. The Mayor shall appoint such civilian staff
as may be necessary for the efficient operation of the Police Department
within budgetary appropriations.
[Amended 10-7-2015 by Ord. No. 6-2015]
The Mayor shall serve as the appropriate authority of the Pemberton
Township Police Department pursuant to the authority set forth in
the Faulkner Act, N.J.S.A. 40:69A-31 et seq., and N.J.S.A. 40A:14-118
et seq. The Mayor performs and has all of the duties and responsibilities
provided therein, including but not limited to the following:
A.
Adopt and promulgate rules and regulations for the government of
the police force and discipline of its members, officers and employees.
B.
Develop and administer general policy for the management, operation,
government and discipline of the police force and its members, officers
and employees.
C.
Regularly meet and consult with the Director of the Police Department
and the Chief of Police concerning the operation and efficiency of
the police force, its members, officers and employees.
D.
Appoint new members, officers and employees to the police force as
provided by law.
E.
Promote members, officers and employees of the police force as provided
by law.
F.
Conduct disciplinary and removal proceedings and impose such penalties
and sanctions as may be permitted by law.
G.
Provide for the health, safety and welfare of the Township of Pemberton
in emergency situations by the issuance of special emergency directives.
The Council may conduct such investigations as it deems necessary
or as may be required by law concerning the operations of the Police
Department or the performance of any member, officer or employee.
Any such investigation may be conducted by a subcommittee designated
by Council which shall have all such direct and ancillary powers afforded
investigatory bodies under the statutes and laws of the state.
[Amended 10-7-2015 by Ord. No. 6-2015]
The Chief of Police shall be the head of the police force and
shall be directly responsible to the Mayor, or designee such as the
Director of Police or the Business Administrator, for the efficiency
and routine day-to-day operations of the Department regarding which
the Chief has authority. Pursuant to policies established by the Mayor,
the Chief of Police shall:
A.
Administer and enforce the rules and regulations established for
the disposition and discipline of the Department and its officers
and personnel.
B.
Have, exercise and discharge the functions, powers and duties of
the police force.
C.
Prescribe the duties and assignments of all subordinates and other
personnel within the table of organization promulgated by the Mayor.
D.
Delegate such authority as the Chief of Police deems necessary for
the efficient operation of the Department to be exercised under the
Chief's direction and supervision.
E.
Report at least monthly, in writing, to the Mayor and Council in
such form as shall be prescribed on the operation of the police force
during the preceding month, and make such other reports as may be
requested by the Mayor or in writing by the Council.
F.
Direct and manage the Division of Animal Control.
G.
Perform such other duties related to public safety as may be assigned
by the Mayor or designee.
[Amended 10-1-2003 by Ord. No. 22-2003; 10-7-2015 by Ord. No. 6-2015]
All persons appointed to the Pemberton Township Police Department
shall be:
A.
Citizens of the United States.
B.
Of sound body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
as to eligibility for membership in the retirement system.
C.
Able to read, write and speak the English language well and intelligently.
D.
Of good moral character and has not been convicted of any criminal
offense involving moral turpitude.
E.
Certified by the New Jersey Civil Service Commission as having passed
all necessary civil service tests and procedures or has successfully
completed the full basic course for police officers training course
at a school approved and authorized by the New Jersey Police Training
Commission within nine months of the date of appointment to the position.
[Amended 5-19-2021 by Ord. No. 17-2021; 6-7-2023 by Ord. No. 24-2023]
F.
At least 18 years but not over 35 years of age on the announced closing
date of the New Jersey Civil Service Commission examination which
resulted in the promulgation of the New Jersey Civil Service Commission
list containing the name of the appointee or within nine months of
the date of appointment, the appointee has successfully completed
the full basic course for police officers training course at a school
approved and authorized by the New Jersey Police Training Commission.
[Amended 6-7-2023 by Ord. No. 24-2023]
G.
A holder of a valid New Jersey driver's license.
H.
Able to pass such physical and psychological examinations as may
be prescribed by the New Jersey Police Training Commission and/or
the Township of Pemberton.
I.
Appointed by the Mayor as a probationary officer and shall successfully
complete a basic police training course at a police training facility
approved by the Jersey Police Training Commission within the time
provided by statute.
[Added 12-17-2015 by Ord.
No. 19-2015; amended 3-17-2016 by Ord. No. 3-2016]
The selection of candidates for the position of police officer
in the Township of Pemberton shall be in accordance with the residency
hiring criteria and preferences set forth herein.
A.
The New Jersey Civil Service Commission shall classify and the hiring
authority shall select all qualified applicants for police officer
with the Township of Pemberton solely in the following order of preference:
B.
The hiring authority shall first appoint all those in Subsection A(1), above, and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a position or positions or employment or employments remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. The residency preferences established herein shall in no way diminish, reduce or effect the preferences granted pursuant to any other provisions of law.
C.
A certified copy of this ordinance shall be transmitted to the New
Jersey Civil Service Commission along with a request that prospective
certification lists provided to the Township of Pemberton for the
selection of police officer candidates for employment reflect the
hiring criteria and preferences required hereby.
Every member to the Police Department shall
take and subscribe to an oath or affirmation to bear true faith and
allegiance to the government established in this State under the authority
of the People, to support the Constitutions of the United States of
America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform the duties of this office, which
oath or affirmation shall be filed with the Township Clerk.
A.
The Mayor shall promulgate rules and regulations for
the government of the police force and for the discipline of its members,
which shall be in writing. Copies shall be filed with the Township
Clerk and the Chief of Police who shall distribute them to the members
of the Department. The Mayor may amend, supplement or revoke any rule
or regulation and shall file such written amendments with the Township
Clerk and the Chief of Police.
B.
All other rules, regulations, procedures and orders,
whether special or general, previously issued and contrary to those
in body, content or context to rules and regulations adopted and promulgated
pursuant to this section are revoked and deemed inoperable. All other
rules, regulations, procedure and orders not in conflict with the
provisions of rules and regulations adopted and promulgated pursuant
to this section shall remain in full force and effect.
C.
Any neglect or failure of any member or officer of
the Department to follow and carry out any rule and regulation adopted
and promulgated pursuant to this section shall be deemed grounds for
any disciplinary action, including dismissal. Ignorance or unfamiliarity
with the provisions of any rule and regulation shall not be a defense
or excuse to any disciplinary action.
[Amended 10-7-2015 by Ord. No. 6-2015]
A.
Pursuant to the authority set forth in N.J.S.A. 40A:14-147, except
as otherwise provided by law, no permanent member or officer of the
Pemberton Township Police Department shall be removed from office,
employment or position for political reasons or for any other cause
other than incapacity, misconduct or disobedience of the rules and
regulations established for the government and of the police department
and force, nor shall any such member or officer be suspended, removed,
fined or reduced in rank from or in office, employment, or position
therein except for just cause as hereinbefore provided and then only
upon a written complaint setting forth the charge(s) against such
member or officer.
B.
The complaint shall be on a form prescribed by the New Jersey Civil
Service Commission and shall be served upon the member or officer
so charged, with notice of a designated departmental hearing thereon
by the appropriate authority, or designee, which shall be not less
than 10 days nor more than 30 days from the date of service of the
complaint.
C.
All charges against members of the Police Department, other than
the Chief, shall be initiated by the Chief of Police or designee,
and shall be heard by the Mayor or designee. Pursuant to the authority
set forth in N.J.S.A. 40A:14-147, a complaint charging a violation
of the internal rules and regulations established for the conduct
of a law enforcement unit shall be filed no later than the 45th day
after the date on which the person filing the complaint obtained sufficient
information to file the matter upon which the complaint is based.
The forty-five-day time limit shall not apply if an investigation
of a law enforcement officer for a violation of the internal rules
and regulations of the law enforcement unit is included directly or
indirectly within a concurrent investigation of that officer for a
violation of the criminal laws of this state. The forty-five-day limit
shall begin on the day after the disposition for the criminal investigation.
The forty-five-day requirement for the filing of a complaint against
an officer shall not apply to a filing of a complaint by a private
individual. The forty-five-day requirement for the filing of a complaint
against an officer shall not apply to the portion of any complaint
alleging a violation other than the internal rules and regulations
of the law enforcement unit. A failure to comply with said provisions
as to the service of the complaint and the time within which a complaint
is to be filed shall require a dismissal of the complaint.
D.
In matters involving the discipline of the Chief of Police, the charges
shall be issued by the Mayor, or designee, and shall be heard by a
hearing officer designated by the Mayor for the purpose of hearing
testimony in the disciplinary matter, making a departmental decision,
and imposing a penalty, if appropriate.
E.
Hearings shall be conducted pursuant to provisions set forth in N.J.A.C.
4A:1-1 et seq., and applicable collective negotiations agreements,
if any.
[Amended 10-7-2015 by Ord. No. 6-2015]
The Mayor may appoint not more than four persons as "special
police officers" pursuant to N.J.S.A. 40A:14-146.8 et seq., and any
amendments or supplements thereto or replacements thereof, in accordance
with the provisions contained therein and the following provisions:
A.
Classifications of special police officers.
(1)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties and shall
have the power to issue summonses for disorderly persons and petty
disorderly persons offenses, violations of municipal ordinance and
violations of Title 39 of the New Jersey Statutes Annotated. Class
One officers are strictly prohibited from carrying a firearm, and
no Class One officers shall be assigned any duties which may require
the carrying or use of a firearm.
(2)
Class Two. Class Two officers shall be authorized to exercise the
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer; the use of a firearm by a Class
Two officer may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
police Training Commission of the Department of Law and Public Safety.
B.
Term of appointment. Special police officers shall be appointed for
terms not exceeding one year, which appointments may be revoked by
the Mayor 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.
C.
Conditions of employment.
(1)
Omitted.
[Amended 8-2-2023 by Ord. No. 30-2023]
(2)
Special police officers shall not be members of the police force
of the Township of Pemberton, and their powers and duties as determined
pursuant to this section and the statutes above described shall cease
upon the expiration of the term for which appointed or upon the revocation
of their appointment.
(3)
No person may be appointed as a special police officer unless the
person meets all of the conditions set forth in N.J.S.A. 40A:14-146.8
et seq., including but not limited to the following:
(a)
Is a citizen of the United States.
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent.
(c)
Is of sound mind and of good health sufficient to satisfy the
Board of Trustees of the Police and Firemen's Retirement System of
New Jersey as to eligibility for membership in the retirement system.
(d)
Is of good moral character and has not been convicted of any
criminal offense involving moral turpitude.
(e)
Is certified by the New Jersey Civil Service Commission as having
passed all necessary civil service tests and procedures.
(f)
Is at least 18 years but not over 35 years of age on the announced
closing date of the New Jersey Civil Service Commission examination
which resulted in the promulgation of the New Jersey Civil Service
Commission list containing the name of the appointee.
(g)
Is a holder of a valid New Jersey driver's license.
(h)
Is able to pass such physical and psychological examinations
as may be prescribed by the New Jersey Police Training Commission
and/or the Township of Pemberton.
(4)
Every special police officer shall act under the direct supervision and the direction of the Chief of Police or, the Chief's designee, and shall perform the duties of a special police officer only in the Township of Pemberton unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A on the New Jersey Statutes Annotated.
(5)
Special police officers shall be employed for a maximum of 20 hours
per week, except as follows:
(a)
During periods of emergency, there shall be no limitation upon
the hours of employment.
(b)
Special police officers may be authorized to perform services
in the "jobs in blue" program, however such services shall count towards
the special police officer's 20 hour per week maximum.
(c)
The Chief of Police may designate one special police officer
to whom the limitations on hours set forth above shall not apply.
Said designation may be made by the Chief of Police on a weekly, biweekly,
monthly, bimonthly, semiannual or annual basis as he deems appropriate.
[Added 8-7-2003 by Ord.
No. 18-2003; amended 6-18-2008 by Ord. No. 14-2008; 10-7-2015 by Ord. No. 6-2015; 4-3-2019 by Ord. No. 14-2019]
A.
AUTHORIZED SERVICES or AUTHORIZED WORK
NONPROFIT ORGANIZATION
OFFICER
SCHOOL DISTRICT
THIRD-PARTY CONTRACTOR
TOWNSHIP
Definitions.
The police services authorized by this section.
An organization that has been deemed by the United States
Internal Revenue Service as a not-for-profit, tax-exempt organization,
and presents a certification thereof.
A sworn police officer employed by the Township of Pemberton
in its Police Department.
The Pemberton Township School District.
Any business, organization, association, or individual, other
than the Township of Pemberton or the Pemberton Township School District,
whether public or private, that enters into a contract with the Township
for the services of an officer or officers to provide security, traffic
control and other police-related services for the third-party contractor's
business, project or function.
The Township of Pemberton.
B.
Authorization.
(1)
Sworn officers employed by the Township in its Police Department
may be authorized by the Mayor and the Chief of Police to provide
security, traffic control and other police-related services to third-party
contractors, nonprofit organizations and the School District during
times when officers are not scheduled for a tour of duty by the Police
Department; provided, however, that all such work performed and the
arrangements therefor are made pursuant to this section. Special police
officers may perform the services authorized by this section only
when full-time officers are unavailable.
(2)
Officers performing authorized services shall wear a Police-Department-issued
uniform and shall use other Police Department equipment as the Chief
of Police or the Chief's designee may authorize or require.
(3)
It is the express intention of this section that, to the extent permitted
by law, officers who are injured while performing authorized services
shall be entitled to the benefits provided by the Police and Firemen's
Retirement System.
C.
Program administration:
[Amended 8-2-2023 by Ord. No. 30-2023]
(1)
The Jobs-in-Blue program shall be administered by the Policemen's
Benevolent Association, Local 260 (hereafter, the "PBA"), under general
oversight from Township Administration in accordance with the parameters
established herein.
(2)
The PBA shall hire a third-party vendor to manage the Jobs-in-Blue program. The PBA shall procure the services of a third-party vendor consistent with the provisions of the N.J. Local Public Contracts Law. The third-party vendor shall charge the fees established in Subsection F below, along with a modest administrative fee for its services. Said fees shall be collected by the third-party vendor, at the time of the application, and be held in a trust account pending disbursement in accordance herein. All costs for the third-party vendor's services shall be between the vendor and the PBA.
(3)
The PBA shall periodically provide the third-party vendor with seniority
lists to enable the Jobs-in-Blue program to be managed and administered
jointly by the PBA and the third-party vendor. Upon the hiring of
the third-party vendor, the PBA shall execute a hold harmless agreement
in the Township's favor as to the third-party vendor's performance
in administering the Jobs-in-Blue program, including the vendor's
distribution of job assignments and fiduciary responsibilities for
monies handled, collected and disbursed, along with the PBA's
promise to refrain from filing grievances against the Township related
to all facets of the program.
(4)
The PBA shall require the third-party vendor to post a fidelity bond
to ensure that it will properly bill and collect payment from third-party
contractors and nonprofits, and make timely payments to the Township
and police officers who worked the assignments, including attestation
of payroll tax and withholding payments being timely made.
(5)
The PBA shall require the third-party vendor to keep a separate ledger
for Township Jobs-in-Blue program transactions that is subject to
inspection by the Township CFO or auditor, along with forwarding monthly
records of the Jobs-in-Blue service requests, officer assignments
(including times and hours worked), use of Township police vehicles
(by license plate or vehicle number) and vehicle job assignments,
and all payroll records inclusive of mandatory federal and state withholdings,
etc.
D.
Insurance. Third-party contractors and nonprofit organizations shall
provide the Township with a certificate of insurance, naming the Township
and the Burlington County Joint Insurance Fund (Burlco JIF) as additional
named insureds, and an indemnification agreement, as to the Township
and the Burlco JIF. Said certificate of insurance shall indicate that
the third-party contractor and nonprofit organization has sufficient
workers' compensation insurance to meet the statutory requirements
and general liability insurance in the amount of not less than $1,000,000.
E.
Control of officers. The Chief of Police shall be responsible for
directing and supervising officers who perform authorized work, and
shall retain the discretion to manage 'jobs in blue' assignments so
as not to adversely impact police operations, staffing, and/or overtime
costs.
F.
Fees.
[Amended 8-2-2023 by Ord. No. 30-2023]
(1)
Third-party contractors and nonprofit organizations:
(a)
Application fee (nonrefundable): $50 per job, which shall be
collected by the third-party vendor and payable to the Township.
(b)
Hourly rate: $85 per hour (flat rate) for third-party contractors/$75
per hour (flat rate) for nonprofit organizations, together with an
administrative fee that covers the actual costs regarding mandatory
state and federal contributions and the third-party vendor's
modest charges for administering the Jobs-in-Blue program.
(c)
Police vehicle: $150 per eight-hour day or portion thereof per
vehicle.
(2)
School District:
(a)
Application fee (nonrefundable): $0.
(b)
Hourly rate: $75 per hour (flat rate), together with an administrative
fee that covers the actual costs regarding mandatory state and federal
contributions and the third-party vendor's modest charges for
administering the Jobs-in-Blue program.
(c)
Police vehicle: $0.
(3)
Each job shall have a mandatory minimum charge equivalent to two
hours per officer requested, which shall also be the nonrefundable
cancellation charge if the party requesting services cancels the job.
The cancellation fee shall be payable to the police officer(s) assigned
to the job.
(4)
For recurring third-party contractors, defined as public or private
entities whose mission or business model frequently rely upon police
departments for traffic control or traffic safety, such third-party
contractors may file an application with the PBA or third-party vendor,
as applicable, to hire police officers through the Jobs-in-Blue program
no later than 48 hours prior to the time of the job assignment.
(5)
All other third-party contractors and nonprofit organizations may
file an application with the PBA or third-party vendor, as applicable,
to hire police officers through the Jobs-in-Blue program no later
than 10 calendar days prior to the time of the job assignment.
(6)
The PBA and Township Administration shall execute a side-bar agreement
outlining the terms of police officers' participation in the
Jobs-in-Blue program including provisions for suspending or terminating
the program if participation in the program impedes the Township's
ability to adequately staff the police department.
[Added 1-19-2011 by Ord.
No. 2-2011; amended 4-15-2015 by Ord. No. 7-2015]
A.
As authorized by N.J.S.A. 40A:14-141, the Mayor may appoint one or
more Chaplains for the Police Department to render support services
to the members of the Police Department, who shall be ordained members
of the clergy in good standing in the religious bodies from which
the Chaplains are selected. Said Chaplains shall serve as part of
the staff of the Police Department, but shall serve without rank or
remuneration.
B.
The Chaplains shall serve for a term of two years commencing January
1 in the year the Chaplains are appointed and ending December 31 in
the second year, unless sooner terminated with or without cause by
the Mayor.
[Amended 6-7-2023 by Ord. No. 23-2023]
