Township of Marlboro, NJ Article XV Department of Public Safety

§ 4-70 Department established; organization.

There shall be a Department of Public Safety, the head of which shall be the Chief of Police. The Department of Public Safety shall consist of the following divisions:

A. Division of Police.

B. Division of Fire Protection.

C. Division of Highway Safety.

D. Office of Emergency Management.

§ 4-71 Division of Police.

A. Establishment; Chief of Police to head; duties of Chief of Police. There shall be within the Department of Public Safety a Division of Police, the head of which shall be the Chief of Police. The Chief of Police shall be appointed by the Mayor. The Chief of Police shall be the head of the police force and shall be directly responsible to the appropriate authority, established in Subsection B herein, for the efficiency and routine day-to-day operations thereof and shall, pursuant to policies established by the appropriate authority:

(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 such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision.

(5) Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority.

B. Appropriate authority.

(1) The "appropriate authority," as that term is used in N.J.S.A. 40A:14-118, shall be the Mayor or his designee.

(2) The appropriate authority shall adopt and promulgate rules and regulations for the government of the police force and for the discipline of its members.

C. Other uniformed positions; bureaus.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection C(1), pertaining to the Deputy Police Chief, was repealed 12-10-2009 by Ord. No. 2009-30, effective 1-1-2010.

(2) The Table of Organization of the Police Division may be staffed up to the maximum number of persons specified herein:

[Amended 12-10-2009 by Ord. No. 2009-30; 2-7-2013 by Ord. No. 2013-1; 8-14-2014 by Ord. No. 2014-19; 3-15-2018 by Ord. No. 2018-9; 12-18-2018 by Ord. No. 2018-24; 2-23-2023 by Ord. No. 2023-003]

	Maximum Number	Position Established
	1	Chief
	1	Deputy Chief
	3	Captains
	7	Lieutenants
	13	Sergeants
	60	Patrol Officers
	10	Special Law Enforcement Officer, Class I
	16	Special Law Enforcement Officer, Class II
	16	Special Law Enforcement Officer, Class III

(3) There shall be three bureaus within the Division of Police: Administrative Services, Criminal Investigations and Operations.

D. The Division, under the supervision of the Chief of Police, shall:

(1) Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the municipality, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages 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 the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians and to make and enforce rules and regulations not inconsistent with the Charter and ordinances for such purposes.

(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 any state or municipal license or permit and report thereon to the appropriate department.

(4) Provide proper police attendance and protection of fires.

(5) Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

(6) Operate a training program to maintain and improve the police efficiency of the members of the police force.

(7) Conduct an annual dog census.

(8) Enforce all ordinances, rules, regulations and other lawful enactments of the municipality, the county and the State of New Jersey.

E. Special-duty assignments for police officers.

(1) Purpose. This subsection is adopted for the purpose of continuing the Township of Marlboro's policy of permitting members of the Township Police Department, during their off-duty hours, to engage in extraduty police-related activities for private persons or entities under specified circumstances. This subsection has been prepared in accordance with the guidelines set forth by the Division of Local Government Services, the Attorney General's Office of the State of New Jersey and the Prosecutor's Office of the County of Monmouth.

(2) Authorization; discretion of Police Chief. The Chief of Police of the Township of Marlboro or his designee is hereby authorized to permit members of the Township Police Department, during their off-duty hours, to engage in extraduty police-related activities for private persons or entities under the provisions of this chapter. Any and all extraduty assignments must be determined and approved by the Chief of Police or his designee. The Chief or his designee shall obtain such information as he deems necessary in order to make his determination. The Chief or his designee may assign a patrol vehicle for use in performing extraduty assignments if and in the event that it is determined that the use of a patrol vehicle is necessary to perform the contracted duty. The Chief or his designee may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as, in his sole discretion and determination, he finds to be in the best interests of the Township and/or the police officers or public safety. The Chief or his designee shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or a high risk of injury.

(3) Nature of work; procedure for assignment. The work to be performed shall be considered a special assignment from independent contractors and will not be considered a direct assignment. Officers engaged in such assignments shall be deemed on-duty and shall conform to all Police Department rules, regulations and procedures. The taking of any and all extraduty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the Chief of Police or his designee. No police officer shall perform extraduty assignments for private persons or entities for compensation for more than a total of 24 off-duty hours per week or in any manner other than through the procedures set forth in this chapter.

(4) Contractual agreement required. In order to perform extraduty assignments, a contract, in writing, must be executed by the private person or entity requesting the services and the Township of Marlboro. The agreement shall include but shall not be limited to the nature of the duties to be performed, the location thereof, the dates and hours of service and the terms of payment for such services to the Township of Marlboro. Form copies of said contracts are available from the Police Department. Upon execution, all contracts shall be kept on record as other such public documents. All arrangements for members of the Police Department to perform such services during off-duty hours are to be scheduled through the Police Department.

(5) Location of assignment. All extraduty assignments shall be within the Township of Marlboro, unless specific written approval is given by the Chief or his designee to the officer to work outside of the municipality. The Chief of Police or his designee may contact adjoining municipal police departments to see if they are willing to perform such extra assignments if the work is located outside of the Township.

(6) Fees.

[Added 3-2-2017 by Ord. No. 2017-5[2]]

(a) The total hourly rate/charge payable for extra-duty services shall be as follows:

	Job Description	Hourly Rate
	Construction work	$87.50
	Security work	$87.50
	Extracurricular school work	$60
	Nonprofit sporting work	$60
	Other nonprofit	$30
	Other	$87.50
	Long-term ongoing	$35

(b) A four-hour minimum is applicable to all jobs unless waived by the Chief of Police or his designee.

(c) Fifteen percent of the total hourly charge shall be retained by the Township.

[2] Editor's Note: This ordinance also provided for the renumbering of former Subsection E(6) through (9) as Subsection E(7) through (10), respectively.

(7) Payment. The Chief of Police or his designee shall have the authority to determine the appropriate balance for a particular party utilizing services to ensure adequate funds are on deposit to pay the officers and administrative fees for services provided on a timely basis. No extra-duty officers shall be assigned until such deposit is made to the Township. After the services have been rendered, the Chief of Police or his designee shall forward an invoice to the private persons or entities who requested the extra-duty assignment in accordance with the contractual services performed. Payment for extra-duty assignments shall be made through a special trust fund established by the Chief Financial Officer. All moneys received by the municipality for police services as aforesaid shall be placed in this trust account from which payment shall thereafter be made to the individual police officers who perform such services. Payments due from the outside contractors under such agreements shall be paid 30 days from the date of billing. Interest shall be charged at the rate of 18% per annum or the rate applicable to all other municipal charges on any amount billed for which payment has not been made within 30 days. Delinquent parties shall be liable for all costs, fees and attorneys' fees associated with the collection of any amounts due. The Township reserves the right to refuse special-duty services for any contractor who has an unpaid balance that has gone beyond 60 consecutive days from the date of billing. All payments from the trust fund shall be made to the police officers on regular pay dates and on the submission of a voucher approved by the Chief of Police or his designee, subject to required deductions and an administrative fee to be retained by the municipality. Any dispute between the contractor and the police officer on assignment as to services required or compensation due shall be determined by the Chief or his designee. This decision shall be final and binding.

[Amended 3-2-2017 by Ord. No. 2017-5]

(8) Cancellation. Any assignment which is canceled on less than one hour's notice shall be charged against the party.

[Amended 3-2-2017 by Ord. No. 2017-5]

(9) Termination. The Chief of Police or his designee has the authority to order any police officer to vacate or terminate any extra-duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief or his designee. The contractor shall not be responsible for any compensation for the time that the police officer is away from the extra duty assignments and shall have no claim for any costs or damages against the municipality, the Chief or his designee or the police officer arising from the termination of extra-duty assignments other than the prorated return of any costs prepaid to the Township.

[Amended 3-2-2017 by Ord. No. 2017-5]

(10) Insurance coverage.

(a) The Township shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to workers' compensation, public liability and claims for damage, and personal injury, including death or damage to property, which may arise as a result of the Township's performance under the contract. The contractor shall provide proof of insurance coverage to the Township prior to the assignment of any officer for extra-duty services at the property, with insurance coverage and limits are at a minimum of the following:

[Amended 3-2-2017 by Ord. No. 2017-5]

[1] Commercial general liability (CGL): Coverage for all operations including, but not limited to, contractual, products and completed operations, and personal injury with limits no less than $1,000,000 per occurrence/$2,000,000 aggregate. The Township of Marlboro, its officers, officials, employees, agents and volunteers shall be included as an additional insured.

[2] Automobile liability: Coverage for all owned, nonowned and hired vehicles with limits not less than $1,000,000 per occurrence, combined single limits (CSL) or its equivalent.

[3] Workers' compensation: As required by the State of New Jersey and employers' liability with limits not less than $500,000 per accident for bodily injury or disease.

(b) Proof of insurance must provide for a thirty-day notice of material change or cancellation as well as list the Township of Marlboro as an "additional insured" on the general liability policies.

F. Establishment of positions of Special Law Enforcement Officers, Class I and Class II.

[Added 12-10-2009 by Ord. No. 2009-30]

(1) Pursuant to the authority granted to the Township of Marlboro pursuant to N.J.S.A. 40A:14-146.8 through 40A:14-146.18, there is hereby established the position of Special Law Enforcement Officer in and for the Township of Marlboro.

(2) Whenever any words and phrases are used in this Subsection F, the meaning(s) of those words and phrases shall be the same as the definitions, words and phrases set forth in the Special Law Enforcement Officers' Act, found at N.J.S.A. 40A:14-146.8 through 40A:14-146.18.

(3) Criteria for appointment and promotion. Before any special law enforcement officer is appointed, the Chief of Police shall ascertain the training, eligibility, classification and qualifications of the applicant and report these determinations, in writing, to the Mayor and Council.

(4) Term of appointment. A special law enforcement officer may be appointed for a term not to exceed one year. A special law enforcement officer's appointment 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 of a special law enforcement officer upon the expiration of his or her term.

(5) Special law enforcement officers are not police officers in the Division of Police, and their powers and duties cease upon the expiration of the term for which they are appointed.

(6) Special law enforcement officers in the Township of Marlboro shall be of two classifications:

(a) Class One. Officers of this class are hereby 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 a Class One special law enforcement officer shall be strictly prohibited, and no Class One special law enforcement officer shall be assigned any duties which may require the carrying or use of a firearm.

(b) 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 in the Township of Marlboro. Class Two special law enforcement officers are permitted to use a firearm, provided that the Chief of Police has ascertained that the Class Two special law enforcement officer has been fully certified as successfully completing training as prescribed by the Police Training Commission, within the State of New Jersey Department of Law and Public Safety.

(7) Uniforms for special law enforcement officers.

(a) Every special law enforcement officer prior to the commencement of his or her duties shall be furnished with a uniform which shall identify the special law enforcement 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 Township of Marlboro. 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 Police Training Commission. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.

(b) Whenever a special law enforcement officer's appointment is revoked or expires, the special law enforcement officer shall return to the Chief of Police or his or her designee all issued uniforms, badges and equipment within 15 days of the revocation or expiration of term.

(8) Conduct of special law enforcement officers.

(a) All special law enforcement officers are under the supervision and direction of the Chief of Police or his or her designee, and shall perform their duties only in the Township of Marlboro unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.

(b) All 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 Township of Marlboro, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.

(9) Hours of employment.

(a) Pursuant to N.J.S.A. 40A:14-146.16a(2), during periods of emergency, there shall be no limitation as to the work hours of special law enforcement officers.

(b) Pursuant to the limitations and exceptions of N.J.S.A. 40A:14-146.16a(3), no special law enforcement officer shall work more than 20 hours per week, except for the one special law enforcement officer allowed to work in excess of 20 hours per week pursuant to N.J.S.A. 40A:14-146.16c.

(10) Special law enforcement officers may be employed only to assist in the Township, but may not be employed to diminish the number of full-time police officers employed by the Township.

§ 4-72 Division of Highway Safety.

A. There shall be within the Department of Public Safety a Division of Highway Safety, the head of which shall be the Chief of Police. The Division shall have the following duties and responsibilities:

(1) To conduct studies and make appraisals of existing conditions based upon factual data to develop and initiate an official Township-wide traffic safety program.

(2) To coordinate the traffic safety activities of the various Township departments.

B. The Division of Highway Safety shall have the power at the request of the Chief of Police or on its own initiative to examine any matter relating to traffic or the regulations thereof and to make recommendations thereon to the Mayor. The powers and functions of the Division of Highway Safety shall be advisory only and shall in no way be constituted as delegation of the authority vested by law in any of the offices of the Township.

§ 4-73 Office of Emergency Management.

A. There shall be established within the Department of Public Safety an Office of Emergency Management, the head of which shall be the Municipal Emergency Management Coordinator, who shall have the functions, powers and duties of a municipal disaster control director as provided by law.

B. The Mayor shall appoint a Municipal Emergency Management Coordinator from among the residents of the Township for a term of three years.

C. As a condition of appointment, and the right to continue for the full term of appointment, the Municipal Emergency Management Coordinator shall have successfully completed all training required by law in the time period prescribed by law.

D. The Municipal Emergency Management Coordinator shall appoint a Deputy Municipal Emergency Management Coordinator with the approval of the Mayor. Wherever possible the Deputy Municipal Emergency Management Coordinator shall be appointed from among the salaried officers or employees of the municipality.

E. The Municipal Emergency Management Coordinator shall be responsible for planning, activating, coordinating and conducting emergency management operations in the Township of Marlboro pursuant to all applicable laws, including the power to proclaim a state of local disaster emergency, and issue and enforce all orders that may be necessary to implement and carry out emergency management operations and to protect the health, safety and resources of the residents of the Township of Marlboro.

F. The Municipal Emergency Management Coordinator shall also serve as the Chairman of the Marlboro Emergency Management Council."

§ 4-74 Marlboro Emergency Management Council.

A. There shall be established of, but not within the Department of Public Safety, the "Marlboro Emergency Management Council."

B. The Marlboro Emergency Management Council shall be composed of not more than 15 members who shall be appointed by the Mayor, who shall hold office at the will and pleasure of the Mayor. Members of the Marlboro Emergency Management Council may also be members of other agencies created because of any emergency.

C. The Municipal Emergency Management Coordinator shall be a member of the Marlboro Emergency Management Council, and shall serve as the Chairman of the Marlboro Emergency Management Council.

D. The Marlboro Emergency Management Council shall assist the Township in establishing the local volunteer agencies needed to meet the requirements of all applicable laws, regulations and orders.

E. The Marlboro Emergency Management Council may, within the limits of appropriations, establish an adequate organization to assist in supervising and coordinating emergency management activities in Marlboro Township."

§ 4-75 Marlboro emergency management volunteers.

A. An emergency management volunteer is a natural person who is registered with the Marlboro Emergency Management Council and holds a valid identification card issued by the Chairman of the Marlboro Emergency Management Council for the purpose of engaging in authorized civil defense or other qualified emergency response service without pay or other consideration. An emergency management volunteer is also known as a "civil defense volunteer" as that term is defined by law.

B. A member of a Community Emergency Response Team (CERT) shall qualify as an emergency management volunteer, provided that the CERT member provides satisfactory proof of CERT training, registers with the Marlboro Emergency Management Council and is issued an identification card by the Chairman of the Marlboro Emergency Management Council.

C. All emergency management volunteers shall adhere to the training and educational regime established by the Marlboro Emergency Management Council to continue to be eligible to serve as a Marlboro emergency management volunteer. The Chairman of the Local Emergency Management Council shall revoke the identification card of any volunteer who fails to maintain his or her qualifications to serve as an emergency management volunteer.

D. Emergency management volunteers shall be entitled to the benefits established in N.J.S.A. Appendix A:9-57 et seq., and all other benefits and protections provided by law.