[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 3-19-2001 by Ord. No. 4-2001. Amendments noted where applicable.]
There is hereby created and established in the Borough of Tuckerton a Police Department, which shall be known as the "Borough of Tuckerton Police Department." The Police Department is established in accordance with the provisions of N.J.S.A. 40A:14-118 et seq.
The Mayor and Borough Council shall provide for the appointment of a Director of Police and/or a Chief of Police and officers and personnel as they shall deem necessary for the proper and efficient operation of the Police Department. The Mayor and Borough Council shall determine the terms of office and compensation and prescribe the powers, functions and duties of all such members, officers and personnel as permitted by law.
Said Police Department shall consist of one Director of Police and/or Chief of Police and such Captains, Lieutenants, Sergeants, police officers, and civilian employees as deemed necessary and appropriate by the Director of Police/Chief of Police in his or her discretion and judgment with the approval of the Mayor and Borough Council. The Director of Police/Chief of Police and/or Mayor and Council may, from time to time, leave one or more of the above positions vacant, as they see fit. The express purpose for renaming these offices is to establish a statutory line of authority from all police employees to a higher elected authority. Whenever any such office is intentionally left vacant, it will be deemed not to exist and it will be passed in the chain of command. The Director of Police/Chief of Police, with the approval of the Mayor and the Council, may therefore recreate or resurrect an office that has been so abolished by naming a person to fill said office. No personnel may be appointed to the Borough of Tuckerton Police Department until they have satisfied all statutory requirements and have complied with the selection process and standards established by the rules and regulations adopted by the appropriate authority to govern said Police Department.
Jurisdiction. The Borough of Tuckerton Police Department shall come under the jurisdiction of the appropriate authority, which is hereby created pursuant to N.J.S.A. 40A:14-118 et seq. Said appropriate authority shall be the Business Administrator or any person designated by the Mayor, subject to the approval of the Borough Council, pursuant to New Jersey Statutes. The Borough Council shall designate the appropriate authority by resolution, and in the absence of a resolution designating the appropriate authority, the Borough Council shall act as the appropriate authority. The appropriate authority shall be responsible directly to the Mayor and Borough Council. The Director of Police/Chief of Police shall be directly responsible to the appropriate authority for the operation of the Police Department pursuant to policies established by said appropriate authority. The appropriate authority shall be responsible to develop appropriate rules and regulations for the government of the police force and for the discipline of its members in accordance with N.J.S.A. 40A:14-118, which shall be known as the Rules and Regulations for the Police Department of the Borough of Tuckerton.
All regular officers and members of the Police Department of the Borough of Tuckerton, in the County of Ocean, shall hold office during good behavior and shall not be dismissed except for just cause and in the manner prescribed by law. In the event of any disciplinary proceeding against any member of the Police Department of the Borough of Tuckerton below the rank of Director of Police/Chief of Police, said appropriate authority or his or her designee shall be the sole hearing officer and person in charge of all such proceedings. The decision of the hearing officer shall be final and binding. The right of appeal shall be to the New Jersey Department of Personnel and/or to the New Jersey Superior Court pursuant to N.J.S.A. 40A:14-150 et seq., if and as applicable.
In the event a Borough of Tuckerton police officer is to be charged in a disciplinary action and said employee is subordinate to the rank of Director of Police/Chief of Police, only the Director of Police/Chief of Police or his or her designee may initiate such charges pursuant to the powers vested in said office by this chapter. In the event that the Office of the Director of Police/Chief of Police has been abolished through the intentional vacancy pursuant to § 64-2, then the appropriate authority or his or her designee shall function as the charging authority. Failure to initiate charges when same are indicated may constitute a neglect or dereliction of duty, but the function of the charging authority may not be circumvented.
Whenever any person, whether a police officer, special counsel, or appropriate authority, serves in an investigative capacity and as the charging authority relevant to a Borough of Tuckerton Police Department disciplinary action, he or she may not thereafter be designated as or serve as the hearing authority in that same disciplinary action.
Any employee seeking to appeal disciplinary charges shall do so in writing submitted to the Office of the Director of Police/Chief of Police. Said appeal shall be filed within five days, not including Saturday, Sunday and legal holidays, of the date and charges that were served upon the employee. The appropriate authority shall schedule a hearing in accordance with the provisions of this chapter and existing state statute. A preliminary notice of disciplinary action served on any employee shall contain the date, time and location for a prospective hearing as required by statute. That hearing date may be postponed at the discretion of the hearing authority within the statutory time lines. Any postponement beyond the statutory thirty-day time line will generally require a waiver of the thirty-day rules by the employee and a formal request for said postponement. However, all employees are put on notice that a failure to submit the required written request for an appeal would constitute an act of insubordination and affect the employee's rights pertaining to said statutory time lines, the discovery proceedings, as well as other rights and remedies appurtenant thereto.
The Director of Police/Chief of Police. The Director of Police/Chief of Police shall be appointed by the Mayor with the advice and consent of the Borough Council. The Director of Police/Chief of Police, as the executive head of the Police Department, shall be charged with the duties of supervising and directing the Police Department; and shall be directly responsible to the appropriate authority and to the Mayor for its efficiency and operations. The Director of Police/Chief of Police, an appointed position, shall serve at the pleasure of the governing body.
Civilian employees. The Director of Police/Chief of Police shall, with the approval and consent of the Mayor and the Borough Council, appoint such civilian members to the Police Department as he or she may deem necessary. Said members are to provide dispatch services, clerical duties and logistics in support of the Police Department.
Police employees. The Director of Police/Chief of Police shall, with the approval and consent of the Mayor and Borough Council, appoint, promote, assign or reduce the force and all police personnel employed by the Borough of Tuckerton for reasons of economy.
Geographic table of organization.
The express function of each position will be defined within the rules and regulations of the Borough of Tuckerton Police Department promulgated by the appropriate authority, but is not necessarily limited to same.
Monthly reports to the appropriate authority. The Director of Police/Chief of Police shall submit monthly written reports to the appropriate authority in such form as shall be prescribed by said authority on the operation of the force during the preceding month, and make such other reports as may be requested by said appropriate authority.
Policies established by the Director of Police/Chief of Police to govern operations. Pursuant to N.J.S.A. 40A:14-118 et seq., the Director of Police/Chief of Police, if such office is filled, shall be directly responsible to the appropriate authority for the efficiency and operations thereof, and that he or she shall, pursuant to policies established by the appropriate authority, perform his or her assigned duties. Therefore, the Director of Police/Chief of Police shall issue whatever operations orders, general orders, or standard operating policies that he or she deems necessary for the operation of the Department.
Emergency directives. Nothing herein contained shall infringe upon or limit the duty of the Director of Police/Chief of Police to act to provide for the health, safety or welfare of the municipality in an emergency through special emergency directives (N.J.S.A. 40A:14-118 and 40A:14-146.9).
Additional duties. Additionally, the Director of Police/Chief of Police for the Borough of Tuckerton, pursuant to policies promulgated by the appropriate authority, shall:
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its officers and members;
Have, exercise and discharge the functions, powers and duties of the Police Department;
Prescribe the duties and assignments of all subordinates and other personnel; and
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the direction and control of the Director of Police/Chief of Police, and provide monthly reports to the Mayor in such form as prescribed in the operation of the Police Department pursuant to N.J.S.A. 40A:14-118 et seq.
The appropriate authority pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members with a view to making the Police Department and all members thereof efficient, vigilant and effective in the service of the Borough of Tuckerton. Said rules and regulations will be in manual form and shall be called the "Rules and Regulations of the Police Department for the Borough of Tuckerton" and shall govern the conduct of and be binding upon the entire membership of said Police Department, including the Director and/or Chief and all subordinates. Said rules and regulations shall provide for penalties and forfeitures for violations thereof.
The rules and regulations shall be distributed in manual form as follows: a serialized copy will be issued to and signed for by each employee of the Police Department for the Borough of Tuckerton. A copy will be maintained by the Borough Clerk for the personnel designated as special officers and to provide public access to same.
All members and employees who are assigned a manual shall be responsible for its maintenance and care. Said manuals shall remain the property of the Borough of Tuckerton, County of Ocean, State of New Jersey, and upon separation from police service, each person is bound to return same. Each person will be responsible for the security of his or her manual, and loss of same may constitute neglect of duty and will result in disciplinary action. All manuals shall be kept current, and supplementary pages concerning additions, revisions or amendments shall be promptly and properly inserted. No Police Department operating policies will be inserted as part of this manual unless and until properly assimilated by the appropriate authority.
Each police officer and each civilian employee is duty bound to thoroughly familiarize himself with the provisions of the police manual. Failure to comply shall be considered a neglect of duty.
In the event neglect of duty is charged against a member for failure to observe the rules and regulations or Department procedures or orders, ignorance of any provision of this manual will not be accepted as an excuse.
All members, officers and employees of said Police Department, whether full-time, part-time, temporary or special, shall receive only such salary, wage or compensation as the Borough Council may fix and determine.
Every officer and member of the Police Department shall devote his or her whole time and attention to the business of the Department, and he or she is expressly prohibited from following any other calling or being employed in any other business during the hours in which he or she is on duty. He or she may, however, accept any respectable employment, except at a place where alcoholic beverages are sold, at any time that he or she is not on duty, provided that such employment shall not allow his or her efficiency as a police officer nor reflect adversely upon his or her character or that of the Department.
Police officers regularly employed by the Borough of Tuckerton at the time of the passage of this chapter shall continue as and be deemed to be members of the Police Department of the Borough of Tuckerton.
Any person or entity desiring to retain the services of police officers of the Borough of Tuckerton for off-duty police-related activities shall be required to enter into a contract with the Borough of Tuckerton. 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 Tuckerton and fees for the use of Borough-owned equipment. The Director of Police/Chief of Police shall require the payment of 100% of the estimated amount due the Borough for the assignment of such off-duty officer or officers from the person or entity requesting such assignment in advance of providing such officer or officers. The Director of Police/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 section.
The Director of Police/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 Director of Police/Chief of Police shall be authorized to designate other members of the Police Department as needed to assist him/her in the assignment of off-duty police-related activities.
All persons or entities shall pay to the Treasurer of the Borough such hourly sum as may be fixed from time to time by resolution of the Borough Council as compensation for such service. The Borough shall remit to the member of the Police Department performing such duties an amount as predetermined from time to time by resolution of the Borough Council as well as the amount that shall be retained by the Borough for administrative expenses, all as established by resolution of the Borough Council.
[Amended 7-17-2006 by Ord. No. 14-2006]
If additional work time is required due to unanticipated circumstances, and such work is approved by the Police Director/Chief of Police, the private entity shall be liable for payment to the Borough for all such additional hours worked.
Any invoice from the Borough for any balance due, or a credit for any refund, if any, shall be issued by the Borough Treasurer. Payments due from private entity shall be made within 10 days of receipt of the invoice from the Borough.
Each person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his/her 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 Tuckerton as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Borough of Tuckerton prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.
The Director of Police/Chief of Police or his/her designee shall have the authority to order any police officer engaged in off-duty assignments within the Borough of Tuckerton to respond to an emergency situation within the Borough of Tuckerton. The Director of Police/Chief of Police or his/her 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 Tuckerton. In the event that a police officer is assigned to an emergency situation, the Director of Police/Chief of Police, or his/her 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 until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.
Any person or entity requesting the services of off-duty police officers shall agree to indemnify and hold harmless the Borough of Tuckerton for any and all claims and damages which may arise from the off-duty police officer's employment by said person or entity.
Whenever any words and phrases are used in this article, the meanings respectively ascribed to them in N.J.S.A. 40A:14-146.9 shall be deemed to apply to such words and phrases used herein.
There is hereby established the position of special police officer in and for the Borough of Tuckerton.
Before any special law enforcement officer is appointed, the Director of Police/Chief of Police or, in the absence of the Director/Chief, other chief law enforcement official of the Borough, shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Mayor and Council.
Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Mayor and Council 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. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the Borough, and their powers and duties shall cease at the expiration of the term for which appointed.
Special law enforcement officers shall be residents of the Borough of Tuckerton.
No person may be appointed as a special law enforcement officer unless the person:
Is a resident of this state during the term of appointment;
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
Is sound in body and of good health;
Is of good moral character;
Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of his or her office; and
Has successfully undergone the same psychological testing that is required of all full-time police officers in the Borough or, with regard to a special law enforcement officer hired for a seasonal period which required psychological testing of its full-time police officers, has successfully undergone a program of psychological testing approved by the Police Training Commission established in the Department of Law and Public Safety, pursuant to N.J.S.A. 52:17B-70.
Every applicant for the position of special law enforcement officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
No person shall be appointed to serve as a special law enforcement officer if that person serves as a special law enforcement officer in another municipality; nor shall any permanent, regularly appointed full-time police officer of any other municipality in this state be appointed as a special law enforcement officer. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of any municipality in this state or supervision of the Police Department of a municipality in this state shall be appointed as a special law enforcement officer.
Any person who at any time prior to his or her appointment had served as a duly qualified, fully trained, full-time officer in any municipality in this state and who is separated from that prior service and in good standing shall be eligible to serve as a special law enforcement officer consistent with the guidelines promulgated by the Police Training Commission. If the Police Training Commission waives the training requirements which are required by statute, the Mayor and Council, if it chooses, may appoint such person as a special law enforcement officer.
No person may commence his or her duties as a special law enforcement officer unless he or she has successfully completed the training course and certification requirements of N.J.S.A. 40A:14-146.11, unless such training requirements have been waived by the Police Training Commission.
All special law enforcement officers appointed in service on the effective date of this article may continue in service if, within 24 months of the effective date of this article, they will have completed all training and certification requirements of this section.
There are hereby established two classifications of special law enforcement officers.
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers 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 Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
Every special law enforcement officer prior to the commencement of his or her duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include but not be limited to a hat and appropriate badges which shall bear an identification number or name tag and the name of the Borough of Tuckerton. The uniform shall also include an insignia issued by the Police Training Commission which clearly indicates the officer's status as a special law enforcement officer and the type of certification issued by the Commission. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.
Whenever a special law enforcement officer's appointment is revoked or a special law enforcement officer is not reappointed upon the expiration of the term, the special law enforcement officer shall return to the officer in charge of the station house all Borough of Tuckerton issued uniforms, badges and equipment within 15 days of the revocation or expiration of term.
The special law enforcement officers shall carry and return firearms pursuant to the guidelines established in N.J.S.A. 40A:14-146.14b.
Special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Borough, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
A special law enforcement officer shall be under the supervision and direction of the Director of Police/Chief of Police or, in the absence of the Director/Chief, other chief law enforcement officer of the Borough and shall perform his or her duties only in the Borough unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
The Director of Police/Chief of Police or, in the absence of the Director/Chief, other chief law enforcement officer of the Borough may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough, including but not limited to the carrying of firearms and the power to arrest subject to rules and regulations, and such authorization shall not be inconsistent with the certification requirements of § 64-13 herein.
Special law enforcement officers may be employed only to assist the Borough law enforcement unit but may not be employed to replace or substitute for full-time regular police officers or in any way diminish the number of full-time officers employed by the Borough.