[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-26-1997 by Ord. No. 5-97]
The Department of the municipal government of
the Borough designated as the "Police Department of the Borough of
Atlantic Highlands," heretofore established, is hereby continued.
A police station, known and designated as the
Police Headquarters of the Borough of Atlantic Highlands, is hereby
established in the Borough Hall, 100 First Avenue, Atlantic Highlands,
New Jersey. The Police Headquarters shall be open for the transaction
of police business daily, including Sundays and holidays.
The Police Department's duties and functions
shall include but not be limited to:
A.
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
B.
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.
C.
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Borough, 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.
D.
Provide proper police attendance and protection at
fires.
E.
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.
F.
Operate appropriate training programs to maintain
and improve the police efficiency of the members of the Department.
G.
Administer and enforce rules and regulations for the
disposition, conduct and discipline of the Department, subject to
the laws of the State of New Jersey.
Each applicant for a position in the Police
Department shall have the qualifications required by N.J.S.A. 40A:14-122.
Each applicant shall comply with the laws of the State of New Jersey
pertaining to municipal police. Appointments will be the determination
of the Mayor and Council. Each successful appointee shall serve a
probationary period commencing after his successful completion of
the appropriate training course at an accredited police training academy,
or upon his appointment if the appointee has prior police training/service.
A.
Appointees shall serve in a probationary status for
a period of one year, during which period their employment and appointment
shall be subject to termination at the pleasure of the Mayor and Council.
B.
Whenever a probationary period of service shall have
been completed by an appointee to the satisfaction of the Mayor and
Council and the appointee shall thereupon have been duly appointed
to the office for an indefinite term, the probationary period served
shall constitute part of his length of service.
C.
Newly appointed police officers shall complete necessary
recruit training during the first year of service as may be required
by law.
There shall be a Police Physician who shall
have all of the powers, functions and duties of a Borough Police Physician
prescribed by law.
[Amended 10-13-2004 by Ord. No. 14-2004]
The Mayor and Council may appoint special police
officers for a term not exceeding one year. Special officers shall
be appointed, qualified, and utilized in accord with the standards
of N.J.S.A. 40A: 14-146.8 to 146.18. The powers, rights and duties
of such officers shall immediately cease at the expiration of the
term for which they were appointed, and there is no requirement or
obligation of reappointment.
A.
Class 1 Special Officers. They shall be authorized
to perform routine traffic details, spectator control, and similar
duties. A Class 1 Special Officer shall have the power to issue summonses
for disorderly persons, 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 1 Special Officer shall
be strictly prohibited and no officer of this class shall be assigned
any duties, which may require the carry of, or use of a firearm.
B.
Class II Special Officers. Officers in this class
are authorized to exercise the full power and duties of a regular
police officer. The use of a firearm by a Class II Special Officer
may only be authorized by the Chief of Police upon the successful
completion of training and instruction as required by law.
[Amended 5-8-2002 by Ord. No. 3-2002]
A.
Pursuant to N.J.S.A. 40A:14-118, the "appropriate
authority" presiding over the operation of the Police Department is
the Borough Administrator, or in his absence, the Chairman of the
Police Committee. The Chief of Police is under the authority of the
appropriate authority. The appropriate authority shall have the authority
to establish policies and administrative direction and to issue and
amend as necessary Rules and Regulations for the Police Department.
All members of the Police Department shall be subject to the Rules
and Regulations. The appropriate authority shall be the final authority
as to all disciplinary decisions and appeals under the Rules and Regulations.
The appropriate authority may delegate the initial hearing process
to a Borough Official who in his opinion is qualified to act as a
finder of fact, but the final decision rests with the appropriate
authority. Nothing herein shall effect the grievance process as contained
in the contract between the Borough and the Police Benevolent Association
or as provided by law.
B.
Command shall be exercised by rank; in cases of equal
rank by length of service in that rank and, where equal, by length
of service in the next preceding rank, except when persons of lesser
rank or fewer years of service occupy and perform the duties and exercise
command and supervisory authority by virtue of a specific assignment
from the Chief or as defined in the Rules and Regulations.
[Amended 5-8-2002 by Ord. No. 3-2002]
A.
Sworn Police Officers. There are hereby created the
following positions within the Police Department and the general duties
of each position. Officers are expected to perform the duties of subordinate
ranks when needed or assigned. The filling of any position is solely
at the discretion of the Borough Council. All police officers shall
be appointed or promoted to higher rank by resolution by the Borough
Council. Command shall be exercised by rank; in cases of equal rank
by length of service in that rank and, where equal, by length of service
in the next preceding rank, except when persons of lesser rank or
fewer years of service occupy and perform the duties and exercise
command supervisory authority by virtue of a specific assignment from
the Chief or as defined in the Rules and Regulations.
(1)
One position for Chief of Police. The Chief of Police
shall be the head of the police force and shall be directly responsible
to the Borough Administrator, and the Borough governing body for the
efficiency and routine day-to-day operations of the Police Department.
The Chief of Police shall pursuant to the policies established by
the appropriate authority.
(a)
Be considered to be on duty at all times and
shall not leave the Borough for any extended period of time without
first notifying the appropriate authority and receiving approval for
the leave of absence.
(b)
Report immediately to the appropriate authority
the death, resignation, proposed discipline or extended absence of
any member; and take custody of all equipment issued to such member.
(c)
Supervise the preparation and presentation of
all official matters involving the Police Department in Court and
provide for attendance of all necessary witnesses and members.
(d)
Assist with and assign appropriate investigation
to be instituted and written reports to be submitted to the appropriate
authority of cases involving personal injury or damage to property
whereby the Borough may be claimed to be responsible.
(e)
Administer and enforce the rules and regulations
and special emergency directives for the disposition and discipline
of the force and its officers and personnel.
(f)
Have, exercise, and discharge the functions,
powers and duties of the force.
(g)
Prescribe the duties and assignments of all
subordinates and other police personnel.
(h)
Delegate such of his authority as he may deem
necessary for the efficient operation of the force to be exercised
under his discretion and supervision.
(i)
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 reports as
may be requested by such authority or the Mayor and Council.
(2)
One position for Captain. The Captain shall serve
as the Chief's executive officer and second in command, and shall
perform such duties as are directed by the Chief of Police. He shall
assist the Chief of Police in formulating and implementing policy,
regulations, goals and objectives of the Police Department and may
supervise subordinates on an assigned shift. In the event of a prolonged
absence of the Chief of Police, the Captain shall assume the command
of the Department as Acting Chief of Police unless such is otherwise
determined and assigned by the appropriate authority.[1]
[1]
Editor's Note: Former Subsection C, One position for Lieutenant,
which immediately followed this subsection, was repealed 4-28-2010
by Ord. No. 09-2010.
(3)
Sergeant (no more than five). The Sergeant is responsible
for supervising police work, directing and assisting in the direction
of, or participating in the activities of the Police Department on
an assigned shift. He performs those tasks and assignments which are
delegated by his superiors.
[Amended 4-28-2010 by Ord. No. 09-2010]
(4)
Patrol Officer. The Patrol Officer is responsible
for the general law enforcement work involved in the protection of
life and property through the enforcement of laws and related preventative
and investigative work. A Patrol Officer shall perform all duties
which are assigned by his superior officers.[2]
[Amended 4-28-2010 by Ord. No. 09-2010]
[2]
Editor's Note: Former Subsection F, Special officers, which
immediately followed this subsection, was deleted 2-23-2011 by Ord.
No. 03-2011.
B.
Civilian personnel. The following positions are hereby
established within the Police Department. The positions being established
are civilian in character, and the persons being appointed to these
positions do not have the authority to perform any of the duties of
a police officer.
(1)
Police Dispatcher. Police dispatchers, under direction,
shall receive and relay messages to police patrol vehicles or to other
concerned personnel and, in addition, may operate a teletype machine
and a computer terminal for transmitting and receiving all teletype
messages. The police dispatcher may be required to perform clerical
work of a varied nature and may be required to search prisoners or
make security checks.
(2)
School Crossing Guard. School crossing guards shall
be appointed for a term not exceeding one year by the Mayor and Borough
Council. To be appointed to the position of school crossing guard,
an individual must meet the requirements of N.J.S.A. 40A:9-154.2.
A school crossing guard shall be responsible for the control and direction
of the vehicular and pedestrian traffic during those time periods
of a school day or for any special event or program when assigned
in the interest of public safety.
(3)
Records Clerk. A records Clerk may be appointed by
the Chief of Police on either a full- or part-time basis as authorized
by the governing body. The records Clerk handles, processes, maintains
and distributes department records and reports as required.
[Added 5-8-2002 by Ord. No. 3-2002]
Nothing contained within this article shall:
A.
Prevent the appointment by the Borough Council, or
committees or commissions under its supervision, to conduct investigations
of the operation of the police force and to delegate to such committees
or commissions such powers of inquiry as the Borough Council deems
necessary.
B.
Prevent the Borough Council from conducting a hearing
or investigation authorized by law.
C.
Prevent the Mayor, Borough Council, Borough Administrator,
or Police Committee from examining, at any time, the operations of
the police force or the performance of any officer or member.
D.
Infringe on or limit the power of the Mayor, Borough
Administrator, Borough Council or Police Committee to act to provide
for the health, safety or welfare of the municipality in any emergency
situation through special emergency directives.
E.
Infringe on or limit the authority of the Mayor and
Council to increase, change, or reduce the number and rank structure
of the Police Department due to budgetary or efficiency reasons or
for any other reason within its authority.
[Added 5-8-2002 by Ord. No. 6-2002]
A.
Approval of assignment. Any and all extra or special
duty assignments by police officers shall be determined and approved
by the Chief of Police or his designee. No police officer shall perform
special duty assignments for private or non-law enforcement entities
for compensation other than through the procedure and authority in
this article. The Chief or designee shall obtain such information
as he determines necessary and is authorized to approve such special
duty police assignments. The Chief or 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 are in
the best interest of the Borough and/or police officers or public
safety. The Chief or designee shall be guided by the nature of the
assignment and may refuse to approve those with conflict of interest
and/or significant risk of injury. The Chief or designee may assign
a police vehicle or appropriate equipment for use in performing special
duty if it is determined that the use is necessary to perform the
contracted duty. This article
does not apply to assignments or work performed for or at the direction
of any Special Task Force or similar assignments by the Monmouth County
Prosecutor or other law enforcement agencies, except that payments
to the officers performing such assignments may be made by such law
enforcement agencies through the Borough Special Duty Police Fund
subject to the approval of the Municipal Finance Officer.
B.
Status of assignment.
(1)
The work to be performed shall be considered "special
assignments for independent contractors" and will not be considered
a direct assignment. The taking of any and all special duty assignments
shall be on a voluntary basis in accordance with a fair and reasonable
system established and administered by the Chief or designee.
(2)
Officers engaged in special duty assignments shall
be deemed on-duty for all purposes, including but not limited to workers'
compensation, public liability, and third-party claims for damages,
and the officers performing such duties shall conform to police department
rules, regulations and procedures, and directives of superior officers.
All special duty assignments shall be contracted for in writing by
the completion of a contract form, which contract shall be kept on
record.
(3)
All special duty assignments shall be within Atlantic
Highlands, unless specific written approval is given by the Chief
to the officer to work outside of the Borough. The Chief may contact
adjoining municipal police departments to see if their officers are
willing to perform such special assignments outside of Atlantic Highlands,
before allowing Atlantic Highlands officers to perform assignments
outside of Atlantic Highlands. This does not apply to assignments
crossing municipal boundaries in which the work is partially performed
in Atlantic Highlands.
(4)
Private parties or attorneys who utilize police officers
in civil cases by request or subpoena will be responsible to reimburse
the Borough for the costs incurred for the officers' time while complying
with the subpoena. The time incurred will be billed by the Borough
to the requesting private attorney or party at the rate established
for special duty assignments. Officers will continue to be compensated
by the Borough as per past practice and the Collective Bargaining
agreement for time responding to subpoena. This section may not apply
to internal administrative or disciplinary matters in which reimbursement
to the Borough may not be applicable.
C.
Payments.
(1)
All payments for special duty assignments shall be
deposited in and made through the Special Duty Police Fund established
by the Municipal Financial Officer, from which payment shall be made
to the individual police officers performing such service. All payments
from the Trust Fund shall be made to the police officers in a timely
manner as provided by law, subject to required deductions; the administrative
fee shall be retained by the Borough. Any dispute between the contractor
and the police officer on assignment as to service required or payment
due shall be decided by the Chief and his decision shall be final
and binding.
(2)
In the event police officers from other municipalities
perform special duty assignments within the Borough due to the nonavailability
of local officers for such duties, it shall be the responsibility
of those officers from other municipalities to arrange payment for
services direct from the utilizing party or through their police department.
(3)
All requests by private and/or non-law enforcement
parties for special duty services shall be made in writing at least
two business days before the services are to commence, except that
in the event of exigent circumstances, this notice may be waived by
the Chief or designee. The Chief or the Municipal Finance Officer
may request or require the requesting party to deposit with the Borough,
or have on deposit, in the Special Duty Police Fund, sufficient funds
to pay for the services requested, including all administrative charges.
The amount required to be deposited shall be subject to the determination
and approval of the Chief or his designee in their discretion. Parties
that utilize special duty services on a regular basis may be required
to maintain a minimum balance of the average weekly expenditure in
the Fund. The Chief or designee shall have the authority to determine
the appropriate minimum balance for a particular party utilizing services
to ensure adequate funds are available to timely pay the officers
and administrative fees for services provided. Otherwise, payment
for services rendered is due immediately upon the Borough's submission
for an invoice.
(4)
Services may be denied to any party in the discretion
of the Chief or his designee due to uncertainty as to funds to cover
the services or due to delinquency in payment for past services rendered.
Delinquent parties shall be liable for interest at 18% on any funds
noticed to the party as being delinquent together with any damages
or attorney fees or costs incurred by the Borough by reason of their
delinquency.
(5)
Any assignment canceled by a private party on less
than four hours notice shall be charged against the party for the
minimum hours for the assignment.
(6)
The hourly rate payable to the police officers shall be as provided in Chapter 168, Fees, Article II. In addition to the hourly rates paid to the officers, such hourly amount as is provided in Chapter 168, Fees, Article II, shall be added and paid to the Borough as a surcharge to reimburse the Borough for administrative costs incurred in support of special duty assignments for police officers. The Chief or designee may waive the minimum hours on a particular assignment, after consultation with the officers involved in the assignment, should be determine this is in the interest of the Borough. In continuing assignments, the Chief may waive the hourly minimum on a continuing basis, after consultation with PBA. The Chief may waive the administrative fee for assignments for municipalities or governmental agencies when appropriate in his discretion for regional events or mutual aid type situations.
[Amended 1-26-2005 by Ord. No. 02-2005; 2-23-2011 by Ord. No. 03-2011]
D.
Emergencies.
(1)
The Chief or designee has the authority to order any
police officer to vacate or terminate any special duty assignment
in response to emergent 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 designee. The contractor shall not be responsible for any compensation
for the time the police officer is away from the special duty assignment,
and shall have no claim for any costs or damages against the Borough,
the Chief, or any police officer arising from the termination of any
special duty assignment other than the prorated return of any fee
prepaid to the Borough for the time.
(2)
The Borough shall be responsible to provide necessary
insurance coverage required by law, including but not limited to workers'
compensation, public liability, and claims for damages for personal
injury including death or damage to property which may arise as a
result from the municipality's performance under the contract.
[Adopted 9-26-2018 by Ord. No.
13-2018]
The position of Police Chaplain for the Borough of Atlantic
Highlands Police Department is hereby created in accordance with N.J.S.A.
40A:14-141. The position will be a volunteer position. The number
of Police Chaplains appointed for any given year shall be determined
by the Chief of Police and accepted by the passage of a resolution
of the Mayor and Council. The Police Chaplain(s) shall be under the
direction of the Chief of Police. The Police Chaplain(s) may be removed
from the position by the Chief of Police or the Mayor and Council
at any time, without cause or hearing.
Any person appointed as Police Chaplain shall be ordained clergy
in good standing in the religious body from which he/she is selected.
In addition, the Chief of Police can appoint a faith-based police
officer to function in similar capacity as a Chaplain Liaison Officer/Chaplain.
The Police Chaplain(s) shall have basic training and shall be a certified
Police Chaplain credentialed in accordance with the rules and regulations
of the Borough of Atlantic Highlands Police Department and shall be
qualified under N.J.S.A. 40A:14-141.
The duties of the Police Chaplain(s) shall include, but not
be limited to, assisting the Borough of Atlantic Highlands Police
Department in death notifications, station house adjustments, community
outreach and any other duties that may be assigned by the Chief of
Police.
Any person appointed as Police Chaplain shall serve in that
capacity without rank or salary.
The Police Chaplain(s) shall be appointed by resolution for
a one-year term, beginning January 1 and ending December 31 each year.
All applicants for the position of Police Chaplain shall be
reviewed by the Chief of Police to determine the applicants'
qualifications in accordance with this article. The Chief of Police
shall identify persons that he/she believes meet the qualifications
of N.J.S.A. 40A:14-141 and the character standards, rules, and regulations
of the Borough of Atlantic Highlands Police Department. Prior to December
15 of each year, the Chief of Police shall make recommendations to
the Mayor regarding the number of Police Chaplains to be appointed
and the person(s) whom the Chief of Police recommends be appointed
as Police Chaplain(s) for the following year. The Mayor shall appoint
the Police Chaplain(s) in accordance with this article with the advice
and consent of the Borough Council.
