This chapter shall be known as the "Borough of Raritan Police
Department Ordinance."
[Amended 1-22-2008 by Ord. No. 08-02]
There is hereby created a Police Department for the Borough
of Raritan which shall consist of a Chief of Police and such number
of officers, regular policemen, and civilian employees as the Borough
Council may designate from time to time, all of whom shall be appointed
by the Borough Council of the Borough of Raritan from a list of candidates
supplied by the Police Committee.
[Amended 1-22-2008 by Ord. No. 08-02]
A. Pursuant to N.J.S.A. 40A:14-118, the Mayor and Borough Council are
hereby established as the appropriate authority, having such power
and duties as set forth in such statute and in accordance with general
law.
B. There shall be established at the annual reorganization meeting of
the Borough a Police Committee, which shall consist of three members
of the Council. The Police Committee shall consist of a liaison to
the Police Department; alternate liaison to the Police Department;
and a third Council person. The liaison and alternate liaison are
appointed by the Mayor. The third member of the Police Committee shall
be appointed by the Mayor with the advice and consent of the Council.
The liaison shall act as Chair of the Police Committee. Subject to
the approval of the Borough Council, the Police Committee shall provide
for the maintenance, regulation and control of the Police Department.
It shall recommend to the Mayor and Council policy and regulation
of the Department. Regulation and control of the Department shall
be exercised through the Chief of Police. Subject to the approval
of the Borough Council, the Police Committee shall promulgate and
adopt rules and regulations for the governance of the Police Department
and the discipline of its members. The Department rules and regulations
shall be contained in a manual known as "Police Department Rules and
Regulations," and said rules and regulations as they currently exist
are hereby adopted as contained in said manual as though set forth
fully herein. Said rules and regulations may be amended and/or revised
through the Mayor and Council. A certified copy of the manual shall
be kept in the office of the Borough Clerk. The Department rules and
regulations may be amended and supplemented from time to time by resolution
duly adopted by the Mayor and Council.
[Amended 1-22-2008 by Ord. No. 08-02; 2-25-2020 by Ord. No. 2020-01]
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 Administrator 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:
A. Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
B. Have, exercise and discharge the functions, powers and duties of
the force.
C. Prescribe the duties and assignments of all subordinates and other
personnel.
D. 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.
E. Report at least monthly to the Administrator in such form as shall
be prescribed by the Township Committee on the operation of the force
during the preceding month and make such other reports as may be requested
by the Mayor and Council.
[Amended 1-22-2008 by Ord. No. 08-02; 2-25-2020 by Ord. No. 2020-01]
Subject to the provisions of N.J.S.A. 40A:14-147 et seq., and
pursuant to the provisions of N.J.S.A. 40A:14-118, the Mayor and Council
are hereby deemed the appropriate authority to hear and determine
complaints against the Chief of Police and all other police officers
charged with misconduct or disobedience of any of the rules and regulations
which may be established for the governance of said Police Department
and, in case of conviction after due hearing as aforesaid, shall have
the power and authority of imposing upon the Chief of Police or any
other police officer against whom a charge shall be substantiated
such penalties as shall be set forth in the Police Department rules
and regulations, or the Mayor and Council shall suspend, reprimand
or demote the Chief of Police or any other police officer who has
been convicted of any offenses under this chapter. When any member
of the Police Department is suspended or discharged or if he or she
may resign, he or she shall immediately surrender to the Chief of
Police their shield and other insignia of office in his or her possession,
as well as all uniforms and all property furnished to him or her by
the Borough of Raritan.
[Added 7-23-2013 by Ord. No. 2013-10]
This section shall apply only to initial appointments and shall
not apply to reappointments pursuant to N.J.S.A. 40:47-11.1 and promotional
appointments of current members of the Police Department.
A. Applications. Each applicant for appointment as a member of the Police
Department shall submit a complete application to the Chief of Police
or his/her designee accompanied by the following:
(1) Copy of a valid driver's license;
(2) Copy of birth certificate;
(4) Two recent two-inch by two-inch color photographs.
B. Qualification of applicants. To be eligible for appointment a member
of the Police Department, a candidate shall satisfy all of the following
requirements:
(1) Be a citizen of the United States of America and a resident of the
State of New Jersey;
(2) Be not less than 21 years nor more than 35 years of age;
(3) Be of good moral character and never have been convicted of a crime
or any offense involving moral turpitude;
(4) Be sound in body and mind and eligible for membership in the Police
and Firemen's Retirement System of New Jersey;
(5) Be able to read, write and speak the English language well and intelligently;
(6) Possess a valid New Jersey passenger car driver's license;
(7) Be a high school graduate;
(8) Satisfactorily pass a written, physical and medical examination;
(9) Satisfactorily pass a psychological or psychiatric examination; and
(10) Satisfactorily complete a police training course at a school approved
and authorized by the Police Training Commission in the Department
of Law and Public Safety of the State of New Jersey or the statutory
equivalent.
C. Examination of applicants.
(1) All applicants shall be required to undergo a medical examination
and a psychological or psychiatric examination which shall be conducted
by licensed professionals selected by the Borough. The Borough shall
pay the expenses of such examinations.
(2) All applicants shall be required to undergo drug screening which
shall be conducted by a facility selected by the Borough. The Borough
shall pay the expenses of such screening.
(3) Oral interviews for the position of police officer shall be conducted
by the Police Department and may include the Borough Council Police
Committee.
[Amended 10-18-2022 by Ord. No. 2022-17]
D. Probationary period for new appointees; permanent appointment.
(1) Each person hereafter appointed to the Police Department without
any prior police service and training shall be considered as a probationary
police officer for a period of 12 months from the date of his/her
appointment.
(2) Each person having prior police service and training in another police
department of any municipality or any law enforcement agency may be
appointed as a probationary police officer and shall serve as a probationary
police officer for a period of six months from the date of his/her
appointment. The Mayor and Borough Council shall have the authority
to lengthen the probationary term of said police officer for up to
12 months from the date of his/her appointment, which decision shall
be made at any time prior to the expiration of the initial probationary
period.
(3) A probationary police officer may be appointed to a permanent position
as a police officer at the termination of his/her probationary period
upon recommendation of the Chief of Police and concurrence of the
Mayor and Borough Council.
(4) No person shall be appointed to a permanent position as a police
officer unless such person has successfully completed a police training
course at a school approved and authorized by the Police Training
Commission in the Department of Law and Public Safety of the State
of New Jersey or the statutory equivalent.
(5) If a candidate does not meet the requirements of a satisfactory police
officer at the end of the probationary period, his/her services will
be terminated on the recommendation of the Chief of Police and with
the approval of the Mayor and Borough Council, at their sole discretion,
without the need for a hearing.
[Added 7-23-2013 by Ord. No. 2013-10]
A. Promotions. The promotion of any member of the Department to a superior
position shall be made in accordance with N.J.S.A. 40A:14-129.
B. Chief of Police. There shall be appointed a Chief of Police by the
governing body of the Borough of Raritan.
C. Other superior officers. The governing body of the Borough of Raritan
may appoint superior officers other than the Chief of Police as deemed
appropriate and necessary.
D. Eligibility criteria for promotion to Chief of Police. Only members
of the Department holding the rank of Sergeant for a minimum of three
years, or a higher rank, shall be eligible for promotion to Chief
of Police.
[Amended 9-24-2013 by Ord. No. 2013-12]
E. Eligibility criteria for promotion to positions above Sergeant, excluding
Chief of Police. Only members of the Department holding the rank of
Sergeant, or a higher rank, shall be eligible for promotion to a rank
higher than Sergeant. This requirement may be waived by the Raritan
Borough governing body.
[Amended 12-19-2017 by Ord. No. 2017-21]
F. Eligibility for rank of Sergeant. Each member of the Department shall
become eligible for the rank of Sergeant within the Department after
he or she shall have served in the capacity of police officer, investigator
or some other rank below the rank of Sergeant for a combined period
of at least four years, exclusive of his or her initial probationary
period.
Throughout this chapter, the masculine and feminine genders
shall be deemed interchangeable and shall include each other where
applicable.
[Added 9-20-2022 by Ord. No. 2022-12]
A. Purpose. The Borough of Raritan wishes to assist persons and entities
by, under certain circumstances, a) allowing them to utilize the services
of off-duty Raritan police officers, b) authorizing outside employment
of off-duty police officers within Somerset County, and c) complying
with various New Jersey Attorney General Opinions, and state statutes
and regulations. The Borough seeks to accomplish these purposes by
establishing policies and procedures regarding the use of and compensation
for said off-duty police officers.
B. Approval of employment.
(1) Off-duty police officers shall be permitted to perform on behalf
of private employers, nonprofit entities and/or Borough-related groups,
police-related activities which are not prohibited by state law and/or
regulation and/or Borough law ("police-related activities") only during
each respective police officer's off-duty hours and at such times
as will not interfere with the efficient performance of regularly
scheduled or emergency duty for the Borough as determined by the Chief
of Police.
(2) An off-duty police officer performing police-related activities shall
be providing such services as if they were performing such police-related
activities for the Borough and shall be subject to Police Department
discipline and control in connection with their actions and/or inactions
concerning the police-related activities.
(3) Any private person or entity, including any other municipality or
governmental entity other than the Borough or its agencies, boards,
etc. ("person"), wishing to have off-duty police officers perform
police-related activities shall first obtain approval of the Chief
of Police or his/her designee, which approval shall be granted if
in the Chief's opinion such police-related activities are not
inconsistent with the Police Department's efficient functioning
and good reputation and would not unreasonably endanger or threaten
the police officers performing such police-related activities.
(4) Procedures set forth in this section shall apply even if the third
party making the request is another municipality when making such
a request on behalf of private person or entity.
C. Rates of compensation, administration fees; payment for services.
An administrative fee of $10 per hour per off-duty police officer
will be paid to the Borough of Raritan. Said fees are established
to cover the Borough's costs, overhead, benefits for off-duty
officers and out-of-pocket expenses.
(1) The hourly compensation is the rate that any off-duty police officer
shall be paid for performing police-related activities.
(2) The off-duty police officer shall be compensated at the hourly compensation
of $85 per hour for performing police-related activities. Except if
otherwise agreed by the person and by the Chief of Police or his/her
designee, the officer shall be guaranteed a minimum of four hours'
pay. After the first four hours, off-duty officer shall then be paid
in two-hour increments. The off-duty police officer shall not be paid
if the police-related activity is canceled by the person more than
three hours before the police-related activity is scheduled to commence.
If the person requesting the police-related activity cancels the request
less than three hours prior to the service, the off-duty police officer
shall be paid for four hours at the hourly rate described above. The
off-duty police officer shall receive his/her pay for the police-related
activity on the next regular scheduled payday after the police-related
activity has been performed.
(3) If a patrol car is requested by the person in connection with a police-related
activity, the person shall pay $35 per job per vehicle required.
(4) The Borough may choose to utilize a secondary service to administrate
and perform the above actions related to the off-duty employment process.
These actions include but are not limited to: communicating with said
person or company to schedule off-duty jobs, scheduling the officers
for the said jobs, invoicing said person or company and receiving
escrow and/or payments from said person or company in a manner set
forth by the secondary service provider. The secondary service provider
may charge an additional fee for services that is above and in addition
to the fee structure stated above and utilize business-type collection
rules as set forth in the contract between the Borough and the secondary
service provider. The secondary service provider will reimburse the
Borough via ACH or other funds transfer methods, according to the
fees set forth above, due to the Borough and Officer, in a timely
manner, usually coinciding with payroll periods for jobs that the
officers have performed or were scheduled for, in accordance with
the above-listed rules of employment between the Borough and said
person(s) or company seeking services.