[Amended 9-10-2001 by Ord. No. 2001-7]
A. A Police Department be and the same is hereby established
in the City of Bordentown, County of Burlington, State of New Jersey.
B. The official name of said Police Department shall
be as follows: "Bordentown City Police Department."
C. The Police Department shall:
(1) Preserve the public peace; prevent crime and disorderly
conduct; detect and arrest offenders against the penal laws and ordinances
effective within the City; suppress riots, mobs and insurrections;
dispense unlawful or dangerous assemblages; and preserve order at
all elections and public meetings and assemblages.
(2) Administer and enforce laws and ordinances in force
within the City in all cases where such administration and enforcement
is not vested in the exclusive jurisdiction of such City officials
as the City Zoning Officer, Building Inspector, Plumbing Inspector
or Health Officer and cooperate fully with such officers.
(3) Remove all nuisances in public streets, ways, parks,
playgrounds, parking lots and other public places and inspect and
observe all places of public amusement or assemblage and all places
operating under any state or City license or permit.
(4) Provide proper police attendance and protection at
fires.
(5) Apprehend, arrest or summon all persons lawfully charged
with the violation of any law or ordinance for the suppression or
punishment of crimes, disorderly conduct or offenses.
(6) Provide for the attendance of its members in court
when necessary for the prosecution and trial of persons charged with
crimes, disorderly conduct or offenses under any law or ordinance.
(7) Serve and execute all process issuing out of the Municipal
Court and have all the power and authority of constables of this state,
except as to the service of civil processes out of courts other than
the Municipal Court.
(8) Render aid to all distressed, injured, infirm and
sick persons and perform such duties in regard to the body of any
deceased as may be necessary or proper under the existing circumstances.
(9) Cooperate fully with the law enforcement agencies
and prosecuting authorities of federal, state and county governments.
(10) Maintain such police training programs as may be necessary
and proper for the efficient and effective organization and operation
of the Police Department.
[Added 9-10-2001 by Ord. No. 2001-7]
The Director of Public Safety shall designate
a local physician who shall act in the official capacity of Police
Physician. The Police Physician shall examine all members of the police
force, or appointees to the police force, whenever requested by the
Director of Public Safety or the Chief of Police, and shall report
in writing the result of such examinations, with his opinion as to
the physical fitness for police work of the person examined. The Police
Physician shall be called, whenever the services of a physician are
required, to examine or administer to a person then in custody of
the Police Department. In case of the unavailability of the Police
Physician, any local physician may be called upon to act in his/her
place at the discretion of the Director of Public Safety, the Chief
of Police or the senior officer on duty.
[Added 9-10-2001 by Ord. No. 2001-7]
A. The appropriate authority, as said term is used in
N.J.S.A. 40A:14-118, shall be the Director of Public Safety. The Director
of Public Safety shall adopt and promulgate rules and regulations
for the government of the police force and for the discipline of its
members. Said Police Department shall be under the immediate charge
and direction of the Director of Public Safety.
B. The Chief of Police shall be the head of the Police
Department and shall be directly responsible to the Director of Public
Safety for the efficiency and routine day-to-day operations of the
Police Department, and pursuant to policies established by the Director
of Public Safety, he shall:
(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 authority, as he may deem necessary
for the efficient operation of the Police Department, to be exercised
under his direction and supervision.
(5) Report at least monthly to the Director of Public
Safety, in such form as the Director of Public Safety shall prescribe,
on the operation of the Police Department during the preceding month
and shall make such other reports as may be requested by the Director
of Public Safety.
[Amended 8-12-1991 by Ord. No. 1991-7; 11-22-1993 by Ord. No.
1993-20; 9-10-2001 by Ord. No. 2001-7; 1-26-2004 by Ord. No. 2004-02; 1-8-2024 by Ord. No. 2023-21]
The Police Department of the City of Bordentown
may consist of one Chief of Police, one Deputy Chief of Police, one
Captain, up to but not more than two Lieutenants, up to but not more
than five Sergeants, up to but not more than two Corporals, up to
but not more than six patrol officers, up to but not more than four
law enforcement officers-Class 1, and up to but not more than three
law enforcement officers-Class 2, all of whom shall act and be known
as "police officers of the City of Bordentown, New Jersey." There
is no requirement that all superior or partial officers' positions
shall be filled at any one time. The decision to fill any superior
position rests in the City's discretion.
[Amended 12-24-1990 by Ord. No. 1990-5; 4-10-1995 by Ord. No. 1995-7; 9-10-2001 by Ord. No. 2001-7; 9-14-2009 by Ord. No.
2009-14]
All members of the Police Department shall hereafter
be appointed by the Commissioner of Public Safety. All applicants
for appointment to or for promotion within the Police Department shall
be qualified for appointment or promotion as required by law, ordinance
and civil service rules and regulations. All applicants for appointment
must be residents of the City of Bordentown and must maintain continuous
residency from the announced closing date of the Department of Personnel
examination up to and including the date of appointment.
The Chief of Police and patrolmen shall severally
perform the duties imposed upon them respectively by such ordinances,
orders, rules and regulations as may from time to time be adopted
for the government and control of the Police Department.
Every member of the Police Department shall
devote his whole time and attention to his duties as a member of the
Police Department.
[Amended 11-22-1993 by Ord. No. 1993-20; 9-10-2001 by Ord. No. 2001-7]
Salaries of the Chief of Police, Sergeants,
Corporals, patrolmen and law enforcement officers, Classes 1 and 2,
shall be such as the governing body shall by the resolution or ordinance
set forth.
[Added 9-10-2001 by Ord. No. 2001-7]
Special officers (referred to in the City's
salaries ordinance and herein as law enforcement officers, Classes
1 and 2) may be appointed and utilized by the Police Department pursuant
to N.J.S.A. 40A:14-146.8.
[Added 2-23-2021 by Ord. No. 2021-02]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CITY
The City of Bordentown.
EMPLOYEE
A regular police officer of the Police Department of the
City of Bordentown that is being hired by a private employer to provide
security and/or traffic control services. Special officers, as defined
in N.J.S.A. 40A:14-146.8 et seq., shall also be permitted to perform
these services.
PRIVATE EMPLOYER
Any entity, public or private, other than the City of Bordentown,
that is hiring an employee, as defined herein, to provide security
and/or traffic control services for the private employer's business,
project or function.
B. Authorization.
(1) Employees of the City's Police Department, whether they be full-time
or part-time, are expressly authorized to engage in security-related
and traffic-control activities during their off-duty hours for private
employers, so long as the arrangements therefor are made with the
City and any compensation paid to the officers for such service is
channeled through the City.
(2) The officers performing said off-duty services authorized hereunder
are also authorized to wear a City police uniform.
(3) The authorization set forth in this section shall apply only to security-related
and traffic-control activities during off-duty hours for private employers.
(4) In granting this authorization, the City assumes no responsibility
or liability for the actions or nonactions of the off-duty officers.
(5) Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989, and February
1990, it is the express intention of this section that off-duty work
authorized by this section shall entitle police officers to coverage
under the Police and Firemen's Retirement System where they are injured
during off-duty or outside employment under the scope of the article.
Both the City and the members of the City's Police Department are
familiar with these memoranda and because the employees shall ultimately
be subject to departmental discipline and control, and because they
are ultimately paid by the City, they are in accordance with the February
1990 memorandum prepared by Douglas R. Forrester, Director, Division
of Pension, and are considered to be covered for injury or death which
may occur while performing those duties.
C. Contracts with private employers or public entities.
(1) In accordance with Chapter
240 of the Code of the City of Bordentown, persons performing work in the City rights-of-way are required to apply for and obtain a permit from the City and must also employ uniformed police officers as traffic directors in certain circumstances (see §
240-7). Any private employer, public utility, or other entity that intends to perform work in a City right-of-way, where said work may impact local roads and require traffic control, shall be required to enter into a contract with the City of Bordentown for all traffic control activities impacting local roads and/or rights-of-way. For other non-traffic-related, extra-duty or security-related matters, private employers, public utilities, or other entities are encouraged to utilize off-duty members of the Bordentown City Police Department.
(2) Except in cases of a bona fide emergency, no assignment to extra
duty may be made unless, 24 hours' prior to such assignment, the private
party or entity has executed a contract for such services and has
made the required deposit pursuant to the uniform agreement to provide
security-related and/or traffic control service by off-duty personnel,
which form of agreement is on file with the City Department of Finance.
Said agreement 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 of services to the officers,
administrative fees to the City of Bordentown and fees for the use
of City-owned equipment. Twenty-four-hours' notice is not necessary
in instances where traffic control is required due to emergency work.
(3) The agreement shall provide for the deposit of monies in advance
by the private employer for the services to be performed. Should the
contract be for a term exceeding one month, the private employer shall
be required to tender an estimated payment for the first month's services
upon executing the contract and will be billed on a periodic basis
thereafter. Should the actual assignment of off-duty officers amount
to less than the amount deposited, the Chief Financial Officer shall,
upon termination of the contract, receipt of the final certified time
slips, and receipt of written demand from the private employer, return
all unused funds to the private employer. Nothing in this section
shall be construed as limiting the power of the City of Bordentown
to accept or reject any and all assignments with any private employer.
D. Insurance. As a precondition to the use of employees by a private
employer, the private employer shall provide written assurance that
the officers are covered by the private employer's workman's compensation
insurance and personal liability insurance policies, which assurance
shall include a copy of said insurance policies, as well as such other
information as the Chief of Police deems appropriate; all such information
shall be submitted to the City's Attorney for approval prior to the
performance of any services by City employees. Time and expense for
Attorney review shall be paid directly by the contractor at the Attorney's
normal rate.
E. Payment for extra-duty assignments; establishment of fund.
(1) All private employers shall be required to make all payments for
extra-duty assignments payable to the City of Bordentown. All payments
for extra-duty assignments shall be forwarded to the Finance Office
of Bordentown City. The Finance Officer shall deposit all funds earmarked
for the payment of extra-duty officers, collected from private employers,
into a special escrow fund which is hereby established by this section.
The escrow fund shall be established for payment to members of the
Police Department performing the extra-duty services, also referred
to as "employees." All police officers shall be required to submit
pay slips to the Police Chief. The pay slip shall be in a form approved
by the Finance Officer. Upon receipt of a properly executed pay slip
verified by the private person or entity, the Finance Office shall
process the pay slips for disbursement during the officer's regular
pay period.
(2) The rate to be charged under this section shall be as follows:
(a)
Seventy-five dollars per hour per police officer, Monday through
Friday. If a job exceeds eight hours in a day, the police officer(s)
shall receive time and one-half for time worked after eight hours.
(b)
One hundred twelve dollars and fifty cents per hour per police
officer, Saturday, Sunday, or holidays.
(c)
Seventy-five dollars per hour per police officer for all City-sponsored
events, regardless of the day of week or total amount of hours worked
at said event. City-sponsored events will be determined by the Chief
of Police or the Director of Public Safety.
(3) Job cancellation fees.
(a)
If a private employer or entity cancels a job at least two hours'
prior to the scheduled start time, it will not be responsible for
any rate for officer time for said cancellation.
(b)
If a private employer or entity cancels a job with less than
two hours' notice, it will be charged for four hours as follows:
[1]
Two hundred sixty dollars per officer;
[2]
Administrative fee of $60; and
[3]
One hundred fifty dollars per vehicle per day.
(c)
All cancellations shall be made to the central dispatch number
which is in the contract.
(4) Any work on a shoulder, in the City right-of-way, or infringing on
a City road requires a minimum of one Bordentown City police officer
and one patrol vehicle, at the discretion of the Chief of Police.
F. Administrative costs. In addition to the aforementioned fees to be
collected by the City of Bordentown from said private person or public
entity for the payment of said extra-duty police officer(s), the City
of Bordentown shall collect an administrative fee of $15 per hour
corresponding to each police officer's hour of service. Said fee shall
be used to offset the administrative costs associated with the assignment
of City police officers, the wear and tear of police equipment, etc.
In the event that the Chief of Police arranges with surrounding police
agencies to provide assistance in performing these outside police
details, the $15 per hour administrative fee shall be paid as follows:
$9 per hour will remain with City of Bordentown to cover the costs
associated with scheduling, coordinating, invoicing, etc.; and the
balance of $6 will be paid to the municipality from whom the assistance
is lent, which $6 shall cover the costs associated with mandatory
payroll deductions for those hours. Fees are waived for City-sponsored
events.
G. Use of City vehicles. Police officers engaging in off-duty activities,
as authorized and required by this section, may be permitted to utilize
a municipal vehicle, subject to the approval and consent of the Chief
of Police. If a municipal vehicle is utilized, the private employer
shall also pay the City of Bordentown a fee of $150 for the first
eight hours of usage of said vehicle or any portion thereof; any additional
hours beyond the first eight hours will be billed at the rate of $50
per each four-hour increment, or portion thereof. A "day" is defined
as a twenty-four-hour period beginning 12:00 midnight to 11:59:59
p.m. A new day starts at midnight and thus, a new fee of $150 begins
at midnight in the event that usage of the police vehicle goes beyond
11:59:59 of the day. This provision is subject to vehicle availability.
Fees are waived for City-sponsored events.
H. Control vested in Chief of Police. The Chief of Police of the City
of Bordentown shall be responsible for the overall conduct of the
members of his Department in following the rules and regulations promulgated
herein and shall insure that the terms, conditions and provisions
of this section shall be fully and faithfully carried out. Additionally,
the Chief of Police shall have authority to control officers engaged
in off-duty or outside employment pursuant to this section and shall
further have the authority to discipline any and all officers so engaged
in outside employment by private employers, should cause for such
charges arise or exist.