[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 12-9-2002 by Ord. No. 2002-24 (Ch. 22 of the 1976 Code). Amendments
noted where applicable.]
[Amended 4-26-2010 by Ord. No. 2010-3; 11-21-2011 by Ord. No.
2011-13]
A.
It is hereby created in and for the Township of Berlin a Police Department,
which shall consist of a Chief of Police, one Captain, up to three
Lieutenants, up to four Sergeants, and up to 11 Patrolmen, to be appointed
to these positions by the governing body of the Township.
[Amended 9-12-2022 by Ord. No. 2022-8]
B.
In the event of an officer in any of these positions being on leave
immediately preceding an announced retirement or a suspension with
intent to dismiss, the appropriate authority may, for the efficiency
of the Department and subject to his discretion, appoint an interim
replacement to serve in the vacant position, subject to that person
meeting the qualifications for that position. Alternatively, the appropriate
authority may leave a position vacant in its discretion.
C.
The Mayor and Township Council may decrease the force for reasons
of economy pursuant to N.J.S.A. 40A:14-143. In case of demotion from
the higher ranks, the officers or members to be so demoted shall be
in the inverse order of the dates of their appointment. When the service
of members or officers is terminated, such termination shall be in
the inverse order of their appointment. Any member or officer who
is demoted or whose service is terminated by reason of such decrease
shall be placed on a special employment list, and, in the case of
subsequent promotions, a person so demoted shall be reinstated to
his former rank, and, in the case of termination of service and new
appointment, prior consideration shall be given to the persons on
the special employment list.
D.
The Mayor and Township Council may also appoint such clerical, secretarial
and administrative employees, community service officers, school crossing
guards and police technicians as it deems necessary and prudent. These
employees shall not be members of the Police Department within the
meaning of any provision of Chapter 14 of Title 40A of the Revised
Statutes of New Jersey, as amended and supplemented. These employees
shall carry out and obey all orders and instructions of the Chief
of Police or any other officer having supervisory authority within
the Department.
A.
No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
B.
The governing body of the Township may appoint, from time to time,
special law enforcement officers in accordance with the New Jersey
statutes for terms not exceeding one year. They shall possess and
exercise all the powers and duties provided by said statutes during
their terms in office but shall not be continued as regular members
of the Police Department and shall not be entitled to tenure. The
Chief of Police may authorize special law enforcement officers when
on duty to exercise the same powers and authority as regular members
of the Police Department, including the carrying of firearms and the
power of arrest.
C.
No applicant shall be appointed to any position with the Police Department
until after the applicant has been fingerprinted and the fingerprints
filed with the New Jersey State Police and Federal Bureau of Investigation.
No applicant shall be appointed until after there has been a thorough
background and character investigation of the candidate that will
also determine the candidate's fitness for the position.
[Added 11-21-2011 by Ord. No. 2011-13]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Township of Berlin; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers.
A.
The Chief
of Police shall be the head of the Police Department and shall be
directly responsible to the appropriate authority for its efficiency
and day-to-day operations. Pursuant to policies established by the
appropriate authority, the Chief of Police shall have the following
duties and responsibilities:
(1)
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members and officers;
(2)
Have, exercise and discharge the functions, powers and duties of
the Police Department;
(3)
Prescribe the duties and assignments of all members and officers;
(4)
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Police
Chief's direction and control;
(5)
Report at least monthly to the appropriate authority, in such form
as shall be prescribed, on the operation of the Police Department
during the preceding month and make such other reports as may be requested
by the appropriate authority, including but not limited to a correct
record of the work and operations of the Police Department for the
preceding month;
(6)
Prepare a payroll, certified to and approved by the Chief of Police,
showing the number of members of the Police Department and the hours
worked by each, which payroll shall then be submitted to the payroll
office and subsequently to the appropriate authority for certification
as to correctness and approval. Each payroll is to reflect and contain
the rank of each member and the time for which each person is entitled
to payment; and
(7)
From time to time, take such measures as the Chief may deem necessary
for the preservation of peace and good order and the enforcement of
all laws and ordinances within the Township of Berlin.
B.
Candidates for the position of Chief of Police shall participate
in a promotional procedure administered by the appropriate authority.
The reviewing committee shall be made up of the appropriate authority,
the current Chief of Police (unless he/she is involved in pending
discipline or litigation with the Township) and two police executives
from other agencies. The reviewing committee shall consider the following:
the candidate's knowledge of criminal law and procedure, police
science and police administration; leadership and management ability;
general knowledge of Berlin Township local government and N.J.S.A.
40A:14-118; knowledge of budgeting and personnel management; the candidate's
poise, alertness, ability to communicate clearly and effectively,
ability to effect good working and public relations and moral character.
To be considered for the position of Chief of Police, the candidate
must hold the rank of Captain or Lieutenant.
[Added 11-21-2011 by Ord. No. 2011-13; amended 9-12-2022 by Ord. No. 2022-8]
C.
The appropriate authority shall appoint the Chief of Police and may
appoint a reviewing committee to assist in the process.
[Added 11-21-2011 by Ord. No. 2011-13]
D.
Promotional testing procedure. The promotional testing procedure
for the Berlin Township Police Department for the position of Chief
of Police shall consist of a written examination, unless waived by
the appropriate authority, and an oral examination in which all candidates
will be given the same questions, a personal interview with the Mayor
and Township Council, a review of the candidate's service record,
education, merit and experience.
[Added 11-21-2011 by Ord. No. 2011-13; amended 9-9-2013 by Ord. No.
2013-10]
(1)
Written examination.
(a)
Unless waived by the appropriate authority, the written test
shall be supplied by a professional testing company, professional
law enforcement organization or such other written examination approved
by the appropriate authority. The written examination shall be given
and supervised by a designee of the appropriate authority.
(b)
Where a written examination is given, a candidate must achieve
a score of at least 70% to proceed to the oral portion of the examination
procedure. Candidates will be notified in writing of their grades
on the written portion of the exam by the appropriate authority or
its designee.
(2)
Oral examination.
(a)
When a written test is given, candidates who achieved a minimum
qualifying score 70% on the written examination will be permitted
to sit for an oral examination by the reviewing committee.
(b)
The oral examination by the reviewing committee shall focus
on leadership and management skills, knowledge of police practices
and procedures, knowledge of the laws applicable to police work, knowledge
about Berlin Township and its form of government, knowledge of the
Police Department Ordinance, and knowledge of N.J.S.A. 40A:14-118.
The reviewing committee shall grade each candidate on a one-hundred-point
scale.
(c)
The reviewing committee shall grade each candidate's oral interview
on a one-hundred-point basis. In order to proceed to the final portion
of the promotional process, a candidate must achieve a score of at
least 70%.
(3)
Personal interview. Candidates for the rank of Chief of Police may
be interviewed by the appropriate authority.
(4)
Record review.
(a)
Candidates that successfully achieve a score of 70% on the written
examination or written submission and 70% on the oral examination
shall proceed to the next step in the promotional process, the review
of service record.
(b)
The reviewing committee shall examine the length and merit of
candidate's service. The examination process shall give specific weight
to performance evaluations, experience, military service, demonstrated
leadership ability, education and disciplinary history.
(c)
The weight to be given each portion of the review shall be:
|
Type
|
Weight
(percentage)
| ||
|---|---|---|---|
|
Written test or submission
|
20%
| ||
|
Oral exam
|
20% (30% in event written examination is waived)
| ||
|
Interview with appropriate authority
|
20% (30% in event written examination is waived)
| ||
|
Performance evaluations
|
20%
| ||
|
Leadership evaluation
|
10%
| ||
|
Experience
|
5%
| ||
|
Education
|
5%
| ||
|
Associates degree or 60 college credits
|
2.5%
| ||
|
Bachelors degree
|
5%
| ||
|
Two years of active-duty military experience (including Coast
Guard) or six years' Reserves or National Guard can be substituted
for associates degree or 60 college credits, if honorably discharged
| |||
|
Associates degree or 60 college credits and two years of active-duty
military experience (including Coast Guard) or six years' Reserves
or National Guard will be worth 5%, if honorably discharged
| |||
|
Discipline shall be a minus depending on seriousness and timeliness
of the infractions.
| |||
E.
The review committee shall rank each candidate based on the total
score as outlined above. The candidates shall then be ranked from
the highest to lowest based on score. The list shall include the candidate's
names and the final scores.
[Added 11-21-2011 by Ord. No. 2011-13]
F.
The results of the promotional process with the final scores of the
candidates and any other information that may be pertinent shall be
submitted to the appropriate authority, which shall make the final
promotional decision.
[Added 11-21-2011 by Ord. No. 2011-13]
G.
Test results shall remain valid for a period of two years, and subsequent
promotions may be made based upon these test results. However, the
Township may call for a new promotional process at any time.
[Added 11-21-2011 by Ord. No. 2011-13]
[Amended 11-21-2011 by Ord. No. 2011-13]
A.
The governing body of the Township of Berlin shall be designated
as the appropriate authority, pursuant to N.J.S.A. 40A:14-118. The
appropriate authority shall be responsible for the overall performance
of the Police Department.
B.
The appropriate authority shall adopt rules and regulations, or amendments
thereto, for the government of the Police Department and for discipline
of its members. Proposed rules and regulations may be submitted by
the Chief of Police, the Township Solicitor or Special Counsel to
the appropriate authority.
C.
The appropriate authority shall adopt the rules and regulations in
writing which will be sent to the Chief of Police along with a true
copy of the rules and regulations or any amendments thereto.
D.
Upon receipt of written notice of the adoption of rules and regulations
by the appropriate authority, the Chief of Police shall publish and
distribute copies to the members of the Department, who shall review
and become familiar with the contents and provisions thereof.
E.
Failure to follow or comply with the rules and regulations shall
subject any member of the Police Department to discipline pursuant
to N.J.S.A. 40A:14-147.
[Added 11-21-2011 by Ord. No. 2011-13; amended 9-9-2013 by Ord. No.
2013-10]
A.
The Mayor and Township Council desire to promote the most qualified
candidates to positions of higher rank. This section establishes the
eligibility requirements and the process for promotion to all higher
ranks.
(1)
Promotions shall be made on the basis of merit, experience, education,
demonstrated ability and competitive examinations. In accordance with
N.J.S.A. 40A:14-129, the promotion of any officer must be made from
the membership of the Department.
(2)
No person shall be eligible for promotion unless he or she shall
have served as a full-time police officer in the Berlin Township Police
Department for a period of three years as required by N.J.S.A. 40A:14-130.
(3)
No person shall be eligible for promotion unless he or she has previously
served as patrolman in the Department as required by N.J.S.A. 40A:14-129.
(4)
Promotions shall be open to members of the next lowest rank, unless
the Appropriate Authority, in the best interest of the Department,
chooses to test a wider pool of candidates. Generally, a pool of less
than three eligible candidates will not generally be considered "in
the best interest of the Department."
B.
Upon receiving instructions from the Appropriate Authority to do
so, the Chief of Police shall announce the promotional process to
members of the Department at least 45 days before a written test is
to be given and at least 15 days before a written submission is to
be submitted, unless such written examination or submission is waived
by the Appropriate Authority for good cause. The announcement shall
be posted in common areas of the Department accessible to all members
and shall also be sent in writing to each eligible officer's home
address. The announcement shall contain, at a minimum, the rank to
be filled, the date(s) of the exam(s), source materials or reading
lists from which exam questions will be taken or topics from which
questions will be formulated. Candidates who qualify shall notify
the Chief of Police of his/her interest in taking the examination
by submitting a letter of interest no later than 10 calendar days
after the promotion announcement. This time period may be extended
at the discretion of the Appropriate Authority. Failure to submit
a timely letter of interest will make an officer ineligible to participate
in the promotional process.
C.
Where two or more candidates are ranked equally pursuant to the promotional
procedure set forth herein, preference shall be given to the candidate
with the most seniority in service pursuant to N.J.S.A. 40A:14-129,
or to a resident of the Township of Berlin over a nonresident pursuant
to N.J.S.A. 40A:14-122.6.
D.
The Appropriate Authority shall make all Department promotions and
may appoint a reviewing committee to assist in the process.
E.
Promotional testing procedure. The promotional testing procedure
for the Berlin Township Police Department shall consist of a written
examination (and/or narrative), unless waived by the Appropriate Authority
for good cause, and an oral examination in which all candidates will
be given the same questions, a review of the candidates' service record,
education, merit and experience.
(1)
Written examination.
(a)
The written test shall be supplied by a professional testing
company, professional law enforcement organization or such other written
examination approved by the Appropriate Authority, unless waived for
good cause. The written examination shall be given and supervised
by the Chief of Police or his/her designee.
(b)
Where a written examination is given, a candidate must achieve
a score of at least 70% to proceed to the oral portion of the examination
procedure. Candidates will be notified in writing of their grades
on the written portion of the exam by the Chief of Police or his/her
designee.
(2)
Oral examination.
(a)
Where a written test is given, candidates who achieved a minimum
qualifying score 70% on the written examination will be permitted
to sit for an oral examination by the Appropriate Authority or its
designee.
(b)
The oral examination shall focus on leadership and management
skills, knowledge of police practices and procedures, knowledge of
the laws applicable to police work, knowledge about Berlin Township
and its form of government, knowledge of the Police Department Ordinance,
and knowledge of N.J.S.A. 40A:14-118. The reviewing committee shall
grade each candidate on a one-hundred-point scale. The Appropriate
Authority, or its designee, shall be present at this step.
(c)
The Appropriate Authority, or its designee, shall grade each
candidate's oral interview on a one-hundred-point basis. In order
to proceed to the final portion of the promotional process, a candidate
must achieve a score of at least 70%.
(3)
Personal interview. Candidates may be interviewed by the Chief of
Police and/or the Appropriate Authority, or its designee.
(4)
Record review.
(a)
Candidates that successfully achieve a score of 70% on the written
examination or written submission and 70% on the oral examination
shall proceed to the next step in the promotional process, the review
of service record.
(b)
The reviewing committee shall examine the length and merit of
candidate's service. The examination process shall give specific weight
to performance evaluations, experience, military service, demonstrated
leadership ability, education and disciplinary history.
(c)
The weight or percentage of each portion of the process shall
be as follows:
[1]
Sergeant.
|
Type
|
Weight
(percentage)
| ||
|---|---|---|---|
|
Written test
|
30%
| ||
|
Oral exam
|
30% (50% in event written examination is waived)
| ||
|
Performance evaluations
|
20% (30% in event written examination is waived)
| ||
|
Leadership evaluation
|
10%
| ||
|
Experience
|
5%
| ||
|
Education
|
5%
| ||
|
Associates degree or 60 college credits
|
2.5%
| ||
|
Bachelors degree
|
5%
| ||
|
Two years of active-duty military experience (including Coast
Guard) or six years' Reserves or National Guard can be substituted
for associates degree or 60 college credits, if honorably discharged
| |||
|
Associates degree or 60 college credits and two years of active-duty
military experience (including Coast Guard) or six years' Reserves
or National Guard will be worth 5%, if honorably discharged
| |||
|
Discipline shall be a minus depending on seriousness and timeliness
of the infractions.
| |||
[2]
Captain or Lieutenant.
[Amended 9-12-2022 by Ord. No. 2022-8]
|
Type
|
Weight
(percentage)
| ||
|---|---|---|---|
|
Written test or submission
|
20%
| ||
|
Oral exam
|
20% (30% in event written examination is waived)
| ||
|
Interview with appropriate authority
|
20% (30% in event written examination is waived)
| ||
|
Performance evaluations
|
20%
| ||
|
Leadership evaluation
|
10%
| ||
|
Experience
|
5%
| ||
|
Education
|
5%
| ||
|
Associates degree or 60 college credits
|
2.5%
| ||
|
Bachelors degree
|
5%
| ||
|
Two years of active-duty military experience (including Coast
Guard) or six years' Reserves or National Guard can be substituted
for associates degree or 60 college credits, if honorably discharged
| |||
|
Associates degree or 60 college credits and two years of active-duty
military experience (including Coast Guard) or six years' Reserves
or National Guard will be worth 5%, if honorably discharged
| |||
|
Discipline shall be a minus depending on seriousness and timeliness
of the infractions.
| |||
F.
The review committee shall rank each candidate based on the total
score as outlined above. The candidates shall then be ranked from
the highest to lowest based on score. The list shall include the candidates'
names and the final scores.
G.
The results of the promotional process with the final scores of the
candidates and any other information that may be pertinent shall be
submitted to the Appropriate Authority, which shall make the final
promotional decision.
H.
Test results or any part thereof shall remain valid for a period
of two years and subsequent promotions may be made based upon these
test results. However, the Township may call for a new promotional
process at any time period.
[Amended 9-12-2022 by Ord. No. 2022-8]
[Amended 11-21-2011 by Ord. No. 2011-13]
A.
No discipline without just cause. Pursuant to N.J.S.A. 40A:14-147,
and except as otherwise provided by law, no permanent member of the
Police Department shall be removed from office, employment or position
for political reasons or for any cause other than incapacity, misconduct
or disobedience of the rules and regulations established for the government
of the Police Department, nor shall such member be suspended, removed,
fired or reduced in rank from or in office, employment or position
therein, except for just cause or as otherwise provided in this section.
B.
Preliminary investigation.
(1)
Upon an allegation of wrongdoing made by a citizen or another officer
against any officer of the Police Department, the allegations of wrongdoing
shall be investigated in accordance with the "Internal Affairs Policy
and Procedures" of the Police Management Manual promulgated by the
Police Bureau of the Division of Criminal Justice in the Department
of Law and Public Safety, which are hereby adopted.
(2)
These guidelines shall be applied and followed consistent with any
applicable tenure or civil service laws and shall not supersede any
provisions relating to internal affairs investigations contained in
any collective bargaining agreement.
(3)
After completion of the investigation, if the investigating officer
believes that there is sufficient cause to file a formal complaint,
he/she shall prepare a written report, together with all supporting
documentation, which shall be forwarded to the Chief of Police.
C.
Review by Chief of Police.
(1)
If, after reviewing said report and supporting documentation, the
Chief of Police believes that sufficient cause exists to file a formal
complaint, the Chief shall prepare and serve said formal complaint,
specifying a time, date and place for a hearing within the time limits
and as required in N.J.S.A. 40A:14-147.
(2)
Consistent with the Attorney General's Internal Affairs Policy and
Procedures Guidelines, the appropriate authority shall be provided
with a copy of the report summarizing the nature and disposition of
all internal affairs investigations upon their completion. These reports,
and the information contained therein, shall be deemed confidential
and shall not be released except as permitted by law.
D.
Hearing.
(1)
At the time and place fixed for such hearing, the hearing officer
shall receive evidence concerning the charges and shall afford the
accused an opportunity to be heard, to cross-examine witnesses appearing
in support of the charges, to present evidence on his own behalf,
to be represented by counsel and, in general, permit the accused every
opportunity to provide his defense.
(2)
The hearing officer shall have the power to hear and determine the
charge or charges against the officer. The hearing officer shall have
the power to subpoena witnesses and documentary evidence, which said
subpoena may be enforced by the Superior Court in accordance with
N.J.S.A. 40A:14-148.
(3)
A verbatim transcript shall be made of said hearing, the cost of
which shall be paid by the Township.
E.
Hearing officer.
(1)
The hearing officer shall be an independent third party appointed
by the appropriate authority.
(2)
The hearing officer shall make findings of fact and recommendations
in within 30 days of the date of the close of evidence. The hearing
officer shall decide the guilt or innocence of the accused based on
a preponderance of the evidence. The decision of the hearing officer
shall be set forth in a detailed report, including specific findings
of fact. In the event that the guilt of the accused is established,
the report shall contain a detailed explanation for any suggested
penalty, including a discussion of any aggravating or mitigating factors.
F.
Appropriate authority's determination.
(1)
Within 30 days of the date of the receipt of the hearing officer's
report, the appropriate authority will issue the final decision, which
may affirm, modify or reject the report of the hearing officer.
(2)
In the event that the officer is found guilty of any charges, the
appropriate authority shall impose a penalty which may include any
of the following:
(a)
Removal from office as a member of the Police Department and
employee of the Township.
(b)
Reduction in rank.
(c)
Suspension from duty without pay for any period not to exceed
six months.
(d)
Suspension with pay for any period.
(e)
Public reprimand.
(f)
Private reprimand.
(g)
Restitution for loss of property or costs of investigations
or other actions.
(h)
Fines.
(i)
Any of the above penalties singly or in combination with each
other.
(3)
In the event that the hearing officer determines that the accused
is not guilty of all of the offense(s) charged, that charge(s) will
be dismissed and the accused shall be reinstated, and if the accused
had been suspended without pay, any back pay accrued during the period
of suspension shall be paid to the accused, less any funds earned
by the officer from other sources during the time of his/her suspension.
G.
Appeals. Any member of the Police Department who has been convicted
after any hearing offenses may seek review of the conviction in the
Superior Court pursuant to N.J.S.A. 40A:14-150.
H.
Suspension of officer charged with offense.
(1)
Notwithstanding any other provision of this section, pursuant to
N.J.S.A. 40A:14-149.1, whenever an officer of the Township Police
Department is charged under the laws of this state, another state
or of the United States with an offense, the police officer may be
suspended from performing his/her duties with pay until the case is
disposed of at trial, until the complaint is dismissed or until prosecution
is terminated.
(2)
If a grand jury returns an indictment against the officer or the
said officer is charged with an offense which is a high misdemeanor
or which involves moral turpitude or dishonesty, the officer may be
suspended from his duties without pay until the case against him is
disposed of at trial, until the complaint is dismissed or until the
prosecution is terminated.
(3)
If a suspended police officer is found not guilty at trial of all
charges, all charges are dismissed or the prosecution is terminated
completely, the officer shall be entitled, as required by N.J.S.A.
40A:14-149.2, to recover all pay withheld during the period of suspension,
subject to the results of any disciplinary proceeding or administrative
action instituted pursuant to this section.
(4)
If any municipal police officer is suspended with pay and is found
guilty of the charges brought against him, the police officer shall
reimburse the Township for all pay received by him during the period
of his suspension according to N.J.S.A. 40A:14-149.3.
I.
Alternative procedures.
(1)
In the event that the Chief of Police suffers from incapacity, or
has committed misconduct or disobedience of the rules and regulations
established for the government of the Police Department, the appropriate
authority shall act as the charging official and may file disciplinary
charges as permitted by law.
(2)
The appropriate authority may appoint an investigator, who need not
be a member of the Police Department, to conduct an investigation.
All members of the Police Department and all other Township employees
shall cooperate with the investigation.
[Added 9-22-2003 by Ord. No. 2003-16]
Officers of the Township Police Department shall be permitted
to perform police-related services for private persons or entities,
subject to the following conditions:
A.
All such work performed by the police officer shall be in his/her
official capacity as an employee of the Township Police Department
and subject to its supervision and control.
B.
The police officer shall be paid for these services by the Township
Police Department at a rate of pay determined for such police-related
work.
C.
The private person or entity shall execute a contract with the Township
of Berlin, which shall include but not be limited to the location
where the services are to be performed, the dates and hours of services,
and the rate to be paid to the Township of Berlin for providing said
police services.
D.
All monies received by the Township of Berlin for said police services
as aforesaid shall be placed in a designated appropriation account
established for this purpose. All disbursements related to these services
shall be made from this account to the Township of Berlin for administration
purposes and the respective police officer for said services performed.
E.
All payments to be made from the designated appropriation account
shall be paid to the police officer on the regular pay dates and based
on the submission of a voucher approved by the Township Police Chief
or his designee.
F.
The Township Chief of Police or his designee shall bill the private person or entity for all such services performed as set forth in Chapter 156, Fees.
[Amended 2-12-2007 by Ord. No. 2007-1; 4-8-2013 by Ord. No.
2013-3; 4-25-2016 by Ord. No. 2016-7; 4-29-2019 by Ord. No. 2019-3]
G.
The Township Chief of Police or his designee shall bill the private
person or entity for all such services performed based on the rate
established herein.
H.
The Township Chief of Police or his designee shall establish the
procedure for assigning police officers to such duty referenced in
this section pursuant to intradepartmental policy as established by
the Police Department.
I.
No Township police officer shall engage in any employment for police-related
services with any private person or entity except in the manner established
pursuant to this section.
[Added 11-21-2011 by Ord. No. 2011-13]
A.
All members of the Police Department shall successfully complete
the basic police training course given at an academy or facility approved
by the New Jersey Police Training Commission pursuant to N.J.S.A.
52:17B-66 et seq.
B.
The appropriate authority may waive the attendance of a police training
academy for those applicants who have previously been certified as
a municipal police officer by the New Jersey Police Training Commission
and if satisfactory certification of previous accredited schooling
under the Mandatory Police Training Act of the State of New Jersey
is presented. The appropriate authority may permit an applicant to
undergo a modified course of training with the prior approval of the
New Jersey Police Training Commission of such training. Police officers
hired pursuant to this section shall be classified as probationary
employees with the Police Department for a period of one year from
the date of hire.
C.
During the period of required training, the employee shall hold the
rank of probationary officer. Employees shall be entitled to a leave
of absence with pay during the period of the police training course.
Following the completion of an employee's police training course,
he/she shall be classified as a probationary employee with the Police
Department for a period of one year.
D.
Probationary officers will be evaluated on a monthly basis throughout
the entire period of their probation in an effort to determine their
suitability for continued employment. Probationary employees will
be advised of their progress and counseled when necessary in an effort
to correct any deficient performance or behavior.
E.
No later than 30 days before the expiration of an officer's probationary
period, the Chief of Police shall submit a written evaluation of the
officer to the appropriate authority regarding the fitness of the
officer for permanent employment. The appropriate authority may retain
the employee, dismiss the employee or, with the agreement of the employee,
extend the probationary period for an additional six months, at which
time the Chief of Police shall reevaluate the probationary officer
and submit a written evaluation no later than 30 days before the expiration
of the extended probationary term. The appropriate authority shall
either retain or dismiss the employee.
F.
Notwithstanding the foregoing provisions, the Chief of Police may
recommend the dismissal of a probationary officer at any time if he/she
believes that the officer does not have the ability, aptitude or willingness
to adequately perform the duties of Berlin Township police officer.
The appropriate authority may accept the Chief of Police's recommendation
and terminate the officer or may decide to continue the officer's
employment on a probationary basis.
G.
Whenever the Chief of Police recommends the dismissal of a probationary
officer, the probationary officer shall be given a copy of the Chief
of Police's evaluations and shall be permitted to present his/her
response to the appropriate authority within 10 days of receipt of
the evaluation. The response may either be written or given orally,
at the discretion of the appropriate authority.
H.
All nonsworn employees of the Police Department shall serve a probationary
period of six months before becoming regular employees.
I.
Probationary employees will be evaluated on a monthly basis throughout
the entire period of their probation in an effort to determine their
suitability for continued employment. Probationary employees will
be advised of their progress and counseled when necessary in an effort
to correct any deficient performance or behavior.
J.
No later than 30 days before the expiration of a nonsworn employee's
probationary period, the Chief of Police shall submit a written evaluation
of the employee to the appropriate authority regarding the fitness
of the employee for regular employment. The appropriate authority
may retain the employee, dismiss the employee or, with the agreement
of the employee, extend the probationary period for an additional
six months, at which time the Chief of Police shall reevaluate the
probationary employee and submit a written evaluation no later than
30 days before the expiration of the extended probationary term. Thereafter,
the appropriate authority shall either retain or dismiss the employee.
K.
Notwithstanding the foregoing provisions, the Chief of Police may
recommend the dismissal of a probationary employee at any time if
he/she believes that the officer does not have the ability, aptitude
or willingness to adequately perform the duties of the employee. The
appropriate authority may accept the Chief of Police's recommendation
and terminate the employee or may decide to continue the employee
on a probationary basis.
L.
Whenever the Chief of Police recommends the dismissal of a probationary
employee, the probationary employee shall be given a copy of the Chief
of Police's evaluations and shall be permitted to present his/her
response to the appropriate authority within 10 days of receipt of
the evaluation. The response may either be written or given orally,
at the discretion of the appropriate authority.
M.
None of the foregoing provisions shall be construed as providing
any employee with tenure status.
[Added 11-21-2011 by Ord. No. 2011-13]
Every member of the Police Department and special police officers,
before entering upon the performance of their duties, shall take and
subscribe an oath or affirmation to bear true faith and allegiance
to the government established in this state under the authority of
the people, to support the Constitution of the United States and the
Constitution of the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of their offices,
which oaths or affirmations shall be filed with the Township Clerk.
[Added 11-21-2011 by Ord. No. 2011-13]
Pursuant to N.J.S.A. 40A:14-118, the appropriate authority shall
have the authority to issue special emergency directives for the management,
operation and discipline of the Police Department and its members
and to promote the health, safety and welfare of the residents of
the Township of Berlin. For the purposes of this section, an "emergency"
means any sudden, unexpected or unforeseeable event requiring the
immediate use or deployment of law enforcement personnel as shall
be determined by the appropriate authority, the Chief of Police or
such other officer who has been given the authority of designating
an emergency within or affecting the Township of Berlin.
[Added 11-21-2011 by Ord. No. 2011-13]
The provisions of the Berlin Township Policies and Procedures
Manual, as amended, shall apply to all members and employees of the
Berlin Township Police Department. In the event that the provisions
of this chapter, the rules and regulations of the Berlin Township
Police Department, any applicable collective bargaining agreement
or any federal or state law provide greater or more liberal benefits
to the member of the Police Department, those provisions shall be
applied.
[Added 11-21-2011 by Ord. No. 2011-13]
A.
Off-duty employment is any employment or position that will not require
the use, or potential use, of law enforcement powers by the off-duty
employee.
B.
Sworn police officers may engage in off-duty employment, subject
to the restrictions or limitations stated herein, that is not law
enforcement in nature; does not require the use of police powers as
a condition of employment; presents no potential conflict of interest
with the officer's responsibilities as a law enforcement officer;
and is not performed during assigned hours of duty. Some examples
of employment representing conflicts of interest are:
(1)
Process servers, repossessions, bill collectors, of vehicles, collection
of monies or merchandise for private purposes.
(2)
Personnel investigations for the private sector or any employment
which might require the police officer to access police information,
files, records or services as a condition of employment or use such
thereof.
(3)
Appearing in uniform during the performance of tasks other than that
of police nature.
(4)
Assisting, in any manner, in the case preparation for the defense
in any criminal proceeding.
(5)
Conducting activities for a business or labor group that is on strike.
(6)
Working in occupations that are regulated by, or that must be licensed
through, the Police Department.
(7)
Employment that constitutes a threat to the status or dignity of
the Police Department or law enforcement, such as:
C.
Sworn police officers wishing to engage in regular off-duty employment
will submit a memo to the Chief of Police through the proper and established
chain of command and receive permission from the Chief of Police (or
his designee) to engage in regular off-duty employment. The memo shall
contain:
D.
Eligibility for off-duty employment.
(1)
Members of the Police Department are eligible to accept off-duty
employment only during periods when they are not assigned to regular
duty and at times when such off-duty employment will not interfere
with the efficient performance of their regularly scheduled police
duties. The Chief of Police or his/her designee shall monitor all
off-duty employment to ensure that the Township's interests are protected.
(2)
To be eligible for off-duty employment, a sworn officer must be in
good standing with the Department. Officers who have not completed
their probationary periods or who are on medical or disability leave
are not eligible for extra-duty assignments.
(3)
The following conditions apply to off-duty employment:
(a)
Sworn officers may work no more than four hours of extra-duty
work in a workday while working a normal twelve-hour shift. Sworn
officers may work no more than eight hours of extra-duty work in a
workday while working a normal eight-hour shift. At no time are sworn
officers permitted to work more than 16 hours in a twenty-four-hour
period.
(b)
Sworn officers assigned to extra-duty work may be subject to
a recall for regular duty at any time and shall immediately leave
the extra-duty assignment and shall respond as required by the Department
of Police.
(4)
The Chief of Police shall include in his/her monthly report to the
appropriate authority information about the off-duty work of members
of the Department.
(5)
A member of the Department may be required to limit or terminate
off-duty employment if the Chief of Police determines that the off-duty
employment interferes with or threatens the status and dignity of
the Department or ability of the member to perform his/her duties
as a sworn police officer.
