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Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
There is hereby created in the Township of Lower the position of Class 1 and Class 2 special law enforcement officers.
As used in this article, the following terms shall have the meanings indicated:
SPECIAL LAW ENFORCEMENT OFFICER
Any person appointed pursuant to the Special Law Enforcement Officers' Act (N.J.S.A. 40A: 14-146.8 et seq.) to temporarily or intermittently perform duties similar to those regularly performed by the members of the municipal police force or to provide assistance to a police force during seasonal periods or in times of emergency.
There shall be two classes of special law enforcement officers employed by the Township of Lower, pursuant to the Special Law Enforcement Officers' Act:
A. 
Class 1: Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class 1 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 New Jersey Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class 1 officer shall be assigned any duties which may require the carrying or use of a firearm.
B. 
Class 2: 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 successfully completed training as prescribed by the Police Training Commission and has been fully certified.
Each Class 1 and Class 2 special law enforcement officer shall meet, at a minimum, the following requirements:
A. 
He or she must be a resident of the State of New Jersey during his or her term of appointment.
B. 
He or she must be able to read, write and speak the English language with reasonable proficiency.
C. 
He or she must have a high school diploma or its equivalent.
D. 
He or she must be sound in body and of good health, which must be certified by a physician licensed to practice in the State of New Jersey.
E. 
He or she must be of good moral character.
F. 
He or she may not have been convicted of any offense involving dishonesty as would make him or her unfit to perform the duties of his or her office.
G. 
He or she must successfully undergo the same psychological testing as required of all full-time police officers in the Township of Lower, except that officers hired for a seasonal period may alternately undertake a program of psychological testing approved by the Police Training Commission of the State of New Jersey.
The Township Manager of the Township of Lower shall appoint each special law enforcement officer. Prior to each appointment, the Chief of Police must conduct a background investigation in order to ascertain the eligibility of the applicant and must report his findings, in writing, to the Township Council and the Township Manager. Fingerprints must be taken and filed with the State Police and the Federal Bureau of Investigation.
A. 
All special law enforcement officers shall be appointed for terms not to exceed one year.
B. 
Any special officer appointed for a term of four months or more may only be terminated for cause and after a public hearing.
C. 
Any special officer appointed for a term which is less than four months shall serve at the pleasure of the Township Manager and may be terminated by him without cause and without a public hearing.
A. 
No special law enforcement officer may be employed for more than 20 hours per week by the Township of Lower, except that special law enforcement officers may be employed by the Township of Lower for those hours as the Township Council may determine necessary in accordance with the limits prescribed below:
(1) 
Not to exceed 48 hours per week during any seasonal period. A seasonal period, as defined in N.J.S.A. 40A:14-146.9(g), means one period of six consecutive months during the calendar year. It is understood that the Township of Lower qualifies as a resort municipality as defined in N.J.S.A. 40A:14-146.9(f).
(2) 
Without limitation as to hours during periods of emergency.
(3) 
In addition to not more than 20 hours per week, including duties assigned pursuant to provisions of N.J.S.A. 40A:14-146.14, a special law enforcement officer may be assigned for not more than 20 hours per week to provide public safety and law enforcement services to another public entity.
B. 
The Township of Lower may designate one special law enforcement officer to whom the limitations on hours employed set forth in Subsection A of this section shall not be applicable in accordance with N.J.S.A. 40A:14-146.16(c).
No Class 1 or Class 2 special law enforcement officer appointed to serve in the Township of Lower may serve in a similar capacity in any other municipality. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Police Department or supervision of the Police Department shall be appointed as a Class 1 or Class 2 special law enforcement officer.
All Class 1 and Class 2 special law enforcement officers shall function under the supervision and direction of the Chief of Police or, in the absence of the Chief, such other chief law enforcement officer as may function in his place and stead.
Class 1 and Class 2 special law enforcement officers shall be employed only to assist the regularly employed police officers of the Township of Lower and may not be employed to replace full-time regular police officers or in any way diminish the number of full-time officers employed by the Township of Lower.
Not more than 10 Class 1 and 12 Class 2 special law enforcement officers may be employed by the Township of Lower at any given time.