A Police Department in and for the Borough of
Seaside Heights, in the County of Ocean, is hereby established.
[Amended 10-21-1998 by Ord. No. 98-32; 5-1-2002 by Ord. No. 2002-12; 6-18-2003 by Ord. No.
03-16; 12-17-2003 by Ord. No. 03-38; 11-15-2005 by Ord. No. 05-20; 5-17-2006 by Ord. No. 06-10; 12-19-2007 by Ord. No. 07-13; 7-2-2008 by Ord. No.
08-11; 1-20-2010 by Ord. No. 10-03; 4-7-2010 by Ord. No. 10-07; 12-18-2019 by Ord. No. 2019-20]
B.
The Mayor and Borough Council shall, in their discretion, determine the optimum number of officers and patrol officers to be appointed in the Seaside Heights Police Department. A designation of a maximum number of Police Lieutenants, Police Sergeants and other police officers does not require the Mayor and Borough Council to appoint that number of Police Lieutenants, Police Sergeants and other police officers, nor does the listing of a police officer position in Subsection A above require that any appointment be made to said position.
C.
All police officers of the Police Department shall be appointed by the Mayor with the advice and consent of the Borough Council and in accordance with the provisions of the Civil Service Commission. Where the number of police officers within the structure of the Seaside Heights Police Department varies from that set forth in Subsection A above at the time of revision of that subsection, the number of ranking and other police officers currently employed shall not be affected by revision of that subsection and shall be reduced, instead, by employee attrition through retirement, resignation, transfer or other separation.
To be appointed as a police officer, regardless
of rank, an individual must:
A.
Be a citizen of the United States.
B.
Be sound of 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 his eligibility for membership in the retirement
system.
C.
Be able to read, write and speak the English language
well and intelligently.
D.
Be of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
E.
Meet such other requirements as are established in
the police rules and regulations.
[Added 5-21-1997 by Ord. No. 97-6; amended 12-20-2001 by Ord. No. 2001-19; 3-6-2002 by Ord. No. 2002-7]
A.
The governing body of the Borough of Seaside Heights
hereby finds that limiting police personnel by residency requirement
would seriously impede this municipality's ability to hire and maintain
competent personnel for its police force and does, therefor, hereby
authorize the retention or employment of present and/or future members
of its police force, regardless of the residency of said applicant
and/or police personnel. Therefore, pursuant to N.J.S.A. 40A: 14-123.la,
the Borough of Seaside Heights shall classify all the duly qualified
applicants for initial hiring as noncivilian police personnel to be
filled in the following classes:
B.
The above classes of qualified applicants shall be
considered as separate and successive lists of eligibles. The governing
body shall first appoint all qualified applicants in Class I 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 vacancy or
vacancies remaining after all qualified applicants in the preceding
class or classes have been appointed or have declined an offer of
appointment. Within each such classification duly qualified applicants
who are veterans shall be accorded all such veterans' preferences
as are provided by law.
The Council of the Borough of Seaside Heights,
shall, by resolution, adopt appropriate rules and regulations for
the regulation, control and management of the Police Department as
recommended by the appropriate authority.
A.
Any person or entity desiring to retain the services
of police officers of the Borough of Seaside Heights for off-duty
police-related activities shall be required to enter into a contract
with the Borough of Seaside Heights. Said contract shall include but
not be limited to the nature of duties to be performed, the location
of said duties, the date and hours of service, the rate of payment
for services of the officers, administrative fees to the Borough of
Seaside Heights and fees for the use of Borough-owned equipment. The
Chief of Police is hereby empowered to execute a contract for off-duty
police-related activities on behalf of the Borough in accordance with
this article.
[Amended 6-21-2000 by Ord. No. 2000-12]
B.
The Chief of Police shall be responsible for the assignment
of all off-duty police-related activities and the billing of all compensation
due the Borough. The Chief of Police shall be authorized to designate
other members of the Police Department as needed to assist him in
the assignment of off-duty police-related activities. Any officer
undertaking off-duty employment pursuant to this section shall receive
payment for such off-duty employment, at the rate established pursuant
to this chapter, in the next practicable Borough payroll check issued
to a participating officer after the Borough's receipt of the compensation
due the Borough.
[Amended 5-21-2008 by Ord. No. 08-05; 1-16-2013 by Ord. No. 13-02]
C.
All persons or entities shall be required to make
payment for all off-duty assignments payable to the Borough of Seaside
Heights to the Chief Financial Officer of the Borough of Seaside Heights.
The rate of compensation for the officers shall be established by
resolution of the governing body.
[Amended 6-17-1998 by Ord. No. 98-23]
D.
Each person or entity who shall employ off-duty police
officers pursuant to this section shall be responsible for maintaining
his or its own insurance coverage. Said insurance coverage shall include
but not be limited to general liability and automobile liability and
shall name the Borough of Seaside Heights as an additional insured.
In addition, such policy shall provide for a minimum coverage of $1,000,000.
Proof of said insurance coverage shall be provided to the Borough
of Seaside Heights prior to the assignment of any off-duty police
officers to said person or entity. The person or entity shall provide
the aforementioned insurance coverage for any and all officers, vehicles
and/or equipment utilized in the off-duty assignment.
[Amended 5-21-2008 by Ord. No. 08-05]
E.
The Chief of Police or his designee shall have the
authority to order any police officer engaged in off-duty assignments
within the Borough of Seaside Heights to respond to an emergency situation
within the Borough of Seaside Heights. The Chief of Police or his
designee shall also have the right to order any off-duty assignment
to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty officer and/or
the citizens of the Borough of Seaside Heights. In the event that
a police officer is assigned to an emergency situation, the Police
Chief or his designee shall make note of said emergency situation,
as well as the time said officer was removed from said off-duty assignment.
In any situation where an off-duty police officer is called to an
emergency situation, said person or entity shall not be responsible
for the payment of the officer's hourly rate, administrative fee or
any other fees to the Borough of Seaside Heights until such time as
said police officer and/or equipment returns to the assignment with
the off-duty employer.
F.
Any person or entity requesting the services of off-duty
police officers shall agree to indemnify and hold harmless the Borough
of Seaside Heights for any and all claims and damages which may arise
from the off-duty police officer's employment by said person or entity.
G.
Off-duty
police officers shall not be available under the provisions of this
chapter for employment by or assignment to any establishment within
the Borough that is licensed to serve alcoholic beverages, or any
hotel or motel, or any other rental property.
[Added 1-16-2013 by Ord.
No. 13-02; amended 7-19-2023 by Ord. No. 2023-19]
