There is hereby established the following positions of Special Law
Enforcement Officers in the Department of Public Safety, Division
of Police, pursuant to N.J.S.A. 40A:14-146.8 et seq.:
The Special Law Enforcement Officer Class II shall have the same
power and authority of a full-time, permanent Hoboken police officer
only when on duty and in full uniform actually performing his or her
public safety function as designated by the Chief of Police and when
receiving compensation from the City of Hoboken. A special law enforcement
officer shall not be deemed to be on duty for purposes of this article
while performing private security duties for private employers, which
duties are not assigned by the Chief of Police.
Special law enforcement officers shall be appointed for an initial
term not to exceed one year and can be separated from appointment
at any time, without cause or hearing. Nothing herein shall be construed
to require reappointment at the end of the initial term. The special
law enforcement officers so appointed shall not be considered members
of the police force whenever off duty, and their powers and duties
shall cease at the expiration of the term for which appointed. Special
law enforcement officers shall be reappointed for additional terms
(each additional term shall be for a maximum of one year), and can
be separated from appointment at any time during an additional term,
without cause or hearing. All reappointments of special law enforcement
officers who are active as special law enforcement officers for the
City at the time of reappointment shall be made by the appointing
authority, without the need for Council approval or consent, upon
written request and recommendation of the Chief of Police.
Class II Special Law Enforcement Officers shall carry, only after
satisfactory completion of an approved firearms course as set forth
by the Police Training Commission and when specifically authorized
by the Chief of Police, a firearm issued and approved by the Police
Division while on duty, in uniform and while actually engaged in their
assigned public safety duties. Class II Special Law Enforcement Officers
shall be issued the approved firearm at the start of their tour and
shall return said firearm to the Police Desk Officer upon the completion
of their tour. Class I Special Law Enforcement Officers shall have
no right to carry a firearm when engaged in the actual performance
of the officer's duties. No special law enforcement officer may carry
a firearm except while engaged in the actual performance of the officer's
official duties.
Special law enforcement officers shall work part-time and shall not
exceed 20 hours per week except during periods of emergency and will
be assigned at the direction of the Chief of Police.
The special law enforcement officer shall wear the appropriate uniform
of the day as directed by the Chief of Police, which shall include:
hat, badge, name tag, Hoboken Police Division uniform patch and insignia
issued by the Police Training Commission which clearly indicates the
officer's status as a Class I or Class II Special Law Enforcement
Officer.
If a Class II Special Law Enforcement Officer resigns or refuses
reappointment after serving less than 30 days with the City of Hoboken
and, within 120 days of that resignation, accepts an appointment to
another county or municipal law enforcement agency, the Police Department
of an educational institution pursuant to P.L. 1970, c. 211 (N.J.S.A.
18A:6-4.2 et seq.), a state law enforcement agency or the New Jersey
Transit Police Department pursuant to section 2 of P.L. 1989, c. 291
(N.J.S.A. 27:25-15.1), that officer shall be liable to the City of
Hoboken for the total certified costs incurred by the former employer
in examining, hiring, and training him or her.
If a Class II Special Law Enforcement Officer resigns or refuses
reappointment after serving at least 30 days but no more than two
years with the City of Hoboken and, within 120 days of that resignation,
accepts an appointment to another county or municipal law enforcement
agency, the Police Department of an educational institution pursuant
to P.L. 1970, c. 211 (N.J.S.A. 18A:6-4.2 et seq.), a state law enforcement
agency or the New Jersey Transit Police Department pursuant to section
2 of P.L. 1989, c. 291 (N.J.S.A. 27:25-15.1), that officer shall be
liable to the City of Hoboken for 1/2 of the total certified costs
incurred by the former employer in examining, hiring, and training
him or her.
This Subsection E shall sunset on June 7, 2018, unless this Subsection E is revoked before said date after review of the financial impact of this Subsection E.
The person meets the residency requirements as described in N.J.S.A.
40A:14-146.10. Persons appointed as special law enforcement officers
shall not be required to maintain residency in the City of Hoboken.
The person has successfully completed a background investigation
by the Hoboken Police Division and has successfully undergone the
same physical and psychological testing as full-time, permanent Hoboken
police officers.
All applicants for special law enforcement officer shall be fingerprinted
and shall have the same filed with the Hoboken Police Division, Division
of State Police and the Federal Bureau of Investigation.
No person shall be appointed to serve in more than one local unit
at the same time, and no full-time permanent police officer in any
local unit may be appointed. However, any full-time permanent police
officer who was separated from service in good standing may be appointed
a special law enforcement officer, and any training for said position
may be waived at the discretion of the Police Training Commission.
No public official with the responsibility of setting law enforcement
policy or exercising authority over the budget of the Department of
Public Safety shall be appointed a special law enforcement officer.
No person may commence his or her duties as a special law enforcement
officer unless he or she has completed a training course approved
by the Police Training Commission, at which time a certificate of
training will be issued to the officer.
No special law enforcement officer shall carry or be issued any firearm
unless he or she has completed the basic firearms course approved
by the Police Training Commission. All special law enforcement officers
shall qualify semiannually with their issued firearms.
Special law enforcement officers may be employed only to assist the
local law enforcement unit but may not be employed to replace or substitute
for full-time regular police officers or in any way diminish the number
of full-time officers.
The number of Class II Special Law Enforcement Officers shall not
exceed 25% of the total number of regular police officers. There is
no restriction on the number of Class I Special Law Enforcement Officers.