[Sec. 2-3 of the Revised General Ordinances]
There shall be a Department of Public Safety
in the Borough which shall comprise all matters pertaining directly
to the safety of the public, including the Police and Fire Departments.
A.
There shall be a Police Department of the Borough,
which shall:
(1)
Preserve the public peace, prevent crimes, detect
and arrest offenders against all applicable penal laws and ordinances,
suppress riots, mobs and insurrections, disperse unlawful or dangerous
assemblies and preserve order at all elections and public meetings
and assemblages.
(2)
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
rules and regulations not inconsistent with the charter, ordinance
and general law for such purpose.
(3)
Remove all nuisances in the public streets, parks
and other public places; inspect and observe all places of public
amusement or assemblage and all places of business requiring state
or municipal licenses or permits.
(4)
Provide proper police attendance and protection at
fires.
(5)
Enforce all applicable laws and ordinances and prevent
the violation of them by any person; apprehend and arrest all persons
legally charged with violations of any law or ordinance.
(6)
Provide for the attendance of its police officers
or civilian employees in court as necessary for the prosecution and
trial of persons charged with crimes and other violations of the law,
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
(7)
Provide training to maintain and improve the police
efficiency of the members of the Department.
B.
The Department shall consist of the following personnel and line
of authority: Chief of Police, Captain, a maximum of two Lieutenants,
a maximum of five Sergeants, a maximum of 17 police officers or probationary
officers, and such police matrons, school crossing guards and other
Class I, Class II or Class III Special Officers and employees as the
Borough may from time to time appoint.
[Amended 10-23-2006 by Ord. No. O-21-06; 12-3-2007 by Ord. No. O-19-07; 7-16-2018 by Ord. No.
O-14-18; 10-24-2022 by Ord. No. O-15-22]
C.
Each member shall comply with all of the laws of the
State of New Jersey pertaining thereto. No person shall be given or
accept a permanent appointment as a police officer unless the person
has first been given a probationary or temporary appointment to the
office for a period of not less than one year and received a satisfactory
psychological examination and has successfully completed a police
training course at an approved school, pursuant to the provisions
of the Police Training Act (N.J.S.A. 52:17B-66 et seq.).
D.
The Rules and Regulations of the Police Department
originally adopted March 25, 2002, are hereby amended and adopted
by reference on February 27, 2023. Copies of the Rules and Regulations
will be kept on file in the office of the Administrator, the office
of the Police Chief and in the office of the Police Department. A
copy shall be assigned to each member of the Department.
[Amended 10-23-2006 by Ord. No. O-21-06; 3-26-2012 by Ord. No. O-04-12; 9-8-2014 by Ord. No. O-14-14; 10-19-2015 by Ord. No. O-19-15; 11-28-2022 by Ord. No. O-16-22; 2-27-2023 by Ord. No. O-02-23]
E.
The Mayor, through the Chair of the Public Safety
Committee of the Borough Council, is hereby designated, pursuant to
N.J.S.A. 40A:14-118, as the person to whom the Chief of Police shall
be directly responsible for the efficiency and routine day-to-day
operations of the Police Department.
F.
The Mayor and Council may establish such policies
in accordance with the law as they deem appropriate for the operation
of the Police Department.
G.
Chief of Police; powers and duties. The Mayor and Council shall appoint
a Chief of Police who shall have all of the powers set forth in N.J.S.A.
40A:14-118 and who shall be directly responsible to the Mayor and
Council for the efficiency and routine day-to-day operations of the
Police Department. The Chief of Police shall, pursuant to policies
established by the Mayor and Council:
[Amended 3-21-2016 by Ord. No. O-11-16]
(1)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
(2)
Have, exercise and discharge the functions, powers and duties of
the force.
(3)
Prescribe the duties and assignments of all subordinates and other
personnel.
(4)
Delegate authority as the Chief may deem necessary for the efficient
operation of the force to be exercised under the Chief's direction
and supervision.
(5)
Report at least monthly to the Mayor and Council in such form as
shall be prescribed by the Mayor and Council on the operation of the
force during the preceding month, and make such other reports as may
be requested by the Mayor and Council.
H.
For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Wharton Borough Police Department and to authorize the outside
employment of Borough police while off duty, the Borough hereby establishes
a policy regarding the use of said officers.
(1)
Members of the Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours and at such time as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Borough.
(2)
Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police, which approval
shall be granted if in the opinion of the Chief such employment would
not be inconsistent with the efficient functioning and good reputation
of the Police Department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
(3)
Escrow accounts. Any person or entity requesting the services of an off-duty law enforcement officer in the Wharton Borough Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Treasurer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection H(8) for the total estimated hours of service.
(4)
Prior to posting any request for services of off-duty
law enforcement officers, the Chief of Police or his designee shall
verify that the balance in the escrow account of the person or entity
requesting services is sufficient to cover the compensation and fees
for the number of hours specified in the request for services. The
Chief of Police shall not post a request for services from any person
or entity unless all fees and compensation required in the manner
described above have been deposited with the Borough Treasurer. No
officer shall provide any such services for more hours than are specified
in the request for services.
(5)
In the event the funds in such an escrow account should
become depleted, services of off-duty law enforcement officers shall
cease and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
(6)
The person or entity requesting such services shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services.
(7)
Requests for services. All requests to the Borough
for the services of off-duty law enforcement officers in the Wharton
Borough Police Department for a period of one week or longer shall
be forwarded to the Chief of Police for posting at least 10 days before
such services are required. Any law enforcement officer when so employed
by the Borough shall be treated as an employee of the Borough; provided,
however, that wages earned for outside employment shall not be applied
toward the pension benefits of law enforcement officers so employed,
nor shall hours worked for outside employment be considered in any
way compensable as overtime.
(8)
Rates of compensation; administrative fee; payment
for services. Rates of compensation for contracting the services of
off-duty law enforcement officers are established as follows: The
rate shall be as stated in the current contract between the Borough
of Wharton and the Wharton Fraternal Order of Police. An additional
fee of 10% per hour of the current fee is hereby established to cover
administrative costs, overhead and out-of-pocket expenses of the Borough
of Wharton. The administrative rate may only be amended or waived
by resolution of the Mayor and Council.
I.
Police Chaplain.
[Added 12-27-2016 by Ord.
No. O-25-16]
(1)
Position created. The position of Police Chaplain for the Borough
of Wharton Police Department is hereby created in accordance with
N.J.S.A. 40A:14-141. The position will be a volunteer position. The
position of Chaplain shall be subject to the control of the Chief
of Police.
(2)
Qualifications. Any person appointed as Chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. All Chaplains shall be subject to the residency requirements
of the Code of the Borough of Wharton. The Chaplain shall have basic
training and shall be a certified Police Chaplain credentialed in
accordance with the rules and regulations of the Borough of Wharton
Police Department and shall be qualified in accordance with N.J.S.A.
40A:14-141.
(3)
Duties of Police Chaplain. The duties of Police Chaplain shall include,
but not be limited to, assisting the Borough of Wharton Police Department
in death notifications, station house adjustments and any other duties
that may be assigned by the Chief of Police.
(4)
Rank and salary. Any person appointed as Chaplain shall serve in
that capacity without rank or salary.
(5)
Term of office. A person appointed as Chaplain shall serve for a
period of one year from date of appointment and shall continue to
serve in that capacity until he/she is either terminated or reappointed
with the recommendation of the Chief of Police.
(6)
Appointment. The Chief of Police may recommend to the Mayor persons
that he/she believes meet the qualifications of N.J.S.A. 40A:14-141,
as well as the rules and regulations of the Borough of Wharton Police
Department with reference to Chaplains, if any. All applicants for
the position of Chaplain shall be reviewed by the Chief of Police
to determine his/her qualifications in accordance with this subsection
and shall make recommendations to the Mayor regarding the appointment
as Chaplain. The Mayor shall appoint Chaplains in accordance with
this subsection with the advice and consent of Borough Council.
A.
Establishment. There shall be a fire department in
the Borough of Wharton to be known as the Wharton Fire Department.
B.
Organization. The Fire Department shall be composed
of three separate fire companies to be known as: The Active Hose Company
No. 1; Independent Hook and Ladder Company No. 1; and the Board of
Fire Wardens. The total membership of the Fire Department is not to
exceed 120 members, nor shall each company membership exceed 40 members.
(1)
Board of Engineers. The Board of Engineers of the
Fire Department shall consist of a Chief, a First Assistant Chief
and a Second Assistant Chief. The Board of Engineers shall be elected
to office at an annual joint meeting of the membership of the three
companies of the Fire Department and recommended to the Mayor and
Council of the Borough for appointment to their respective offices
each calendar year.
(2)
Rules and regulations. The Fire Department shall establish
and maintain its own rules, regulations and bylaws, provided that
they are consistent with and conform to all provisions of this chapter.
Each company shall adopt its own bylaws, which shall be in accordance
with the provisions of the Fire Department rules, regulations and
bylaws and the provisions of this chapter.
(3)
Membership.
(a)
The membership of the Wharton Fire Department
shall elect the following officers each calendar year, who will be
recommended to the Mayor and Council of the Borough for appointment
to these offices:
(b)
An applicant for membership into one of the
companies of the Fire Department shall have been a resident of the
Borough for at least one year prior to making application and shall
be within the age limitations as adopted/amended by the New Jersey
State Firemen's Association. An application for membership may also
be accepted from a person who, within one year after leaving the fire
department of another municipality, is within the age limit established
by the New Jersey State Firemen's Association and is a citizen and
resident of the Borough of Wharton at the time of application. Said
applicant may be accepted and confirmed immediately with a waiver
of the one-year requirement.[1]
C.
Duties of the Chief. The Chief of the Fire Department
shall:
(1)
Establish and maintain absolute control and supervision
over the members of the Fire Department and all equipment and apparatus
of the Fire Department at all fires, rescues and firematic activities.
(2)
Supervise and control all persons not associated with
the Fire Department who are assisting the Department at the scene
of a fire or rescue.
(3)
Maintain a complete record, on a current basis, of
all fires, rescues and their causes, if known, which occur in the
Borough.
(4)
Take charge of and distribute badges and keys to the
rooms where the fire apparatus is stored to all personnel of the Fire
Department.
(5)
Report in writing to the Borough Council at its regular
meeting, and such other times as he may think proper, all matters
of interest in relation to the Fire Department and its duties.
(6)
Formulate and provide firematic training for new members.
D.
Duties of the officers. It shall be the duty of the
officers to assume the Chief's duties in his absence. The order of
delegation of the Chief's duties shall be:
E.
Duties of members. It shall be the duty of each member
of the Fire Department who has successfully passed all the state-mandated
requirements to respond to all alarms of fire and rescue and to take
direction from the officer in charge and to discharge to the best
of his ability any and all instructions and orders from the officer.
F.
Responsibilities of the Borough Council. The Borough
Council shall:
(1)
Provide the necessary fire and rescue apparatus and
equipment required for the proper and adequate protection of life
and property in the Borough.
(2)
Provide adequate facilities for the proper housing
and maintenance of all fire and rescue apparatus and equipment.
(3)
Provide a meeting room for the exclusive use of all
active and exempt Fire Department members.
(4)
Provide sufficient badges and keys to the rooms where
the fire equipment is stored to supply all members of the Fire Department.
G.
Violations. Any member of the Fire Department violating
any provisions of this chapter or the Fire Department bylaws shall,
in addition to such other penalties as may be herein provided, be
liable to expulsion from the Fire Department.
(1)
A report of a violation presented to the Board of
Engineers that results in the expulsion of a member shall be submitted
to the Mayor and Council for final action.
(2)
The Borough Council will, upon receiving such a report,
refer it to an appropriate committee of the Council to ascertain and
report on the validity of the Fire Department report. Full opportunity
shall be given by the committee to the party complained of to be heard
and defend himself. Any member thus complained of shall be suspended
pending final action by the Mayor and Council.
(3)
Failure to return badge, key and/or any other Borough-owned
equipment to the Chief 10 days after ceasing to be a member of the
Fire Department shall be considered cause to recover the missing property
in addition to whatever expenses are incurred in so doing.
