Town of Dover, NJ Article IV Auxiliary Police Department

[Adopted 12-18-2012 by Ord. No. 18-2012[1]]

[1] Editor's Note: This ordinance also renumbered former Art. IV, Table of Organization, as Art. V.

§ 57-19 Department established.

There is hereby established in the Town of Dover an Auxiliary Police Department. The purpose of this article is to establish rules and regulations regarding the Auxiliary Police Department, consistent with Appendix A, Chapter 9, National Defense and other directives of the State of New Jersey Director of Emergency Management or the Governor of the State of New Jersey.

§ 57-20 Qualifications.

A. All members of the Police Auxiliary must be residents of and maintain residence in the Town of Dover. Exceptions will be considered on a case-by-case basis and only when:

(1) The applicant's residence is not more than five miles from the nearest corporate borders of the Town of Dover; and

(2) Upon approval of the Mayor and Board of Aldermen.

B. The selection criteria for membership in the Borough of Dover Police Auxiliary include:

(1) Citizen of the United States and the State of New Jersey;

(2) At least 18 years of age;

(3) Able to read, write and speak the English language;

(4) Good moral character (based upon contemporary standards);

(5) Physically qualified to perform assigned duties. Physical disability is not a disqualifier if the person is able to perform assigned duties;

(6) Free of criminal conviction involving moral turpitude;

(7) Must possess a valid New Jersey driver's license by date of appointment if vehicle operation is required;

(8) Auxiliary Police members may not simultaneously be members of the regular Dover Police Department;

(9) Shall agree to an extensive background investigation and shall have his fingerprints taken, and they shall be filed with the Division of State Police and the Federal Bureau of Investigation;

(10) Meet such other requirements as are established in the Dover Auxiliary Police Rules and Regulations.

§ 57-21 Responsibilities.

A. All auxiliary police officers are required to successfully complete a basic training course for auxiliary police prior to taking an oath of office.

B. All auxiliary police officers, before assuming the duties of their office, shall take and subscribe to the oaths required by N.J.S.A. 41:1-1 et seq. The original executed oaths shall be filed with the Municipal Clerk. Copies shall be forwarded to:

(1) The Police Auxiliary officer taking the oath;

(2) The Chief of Police;

(3) If not a Town of Dover resident, to the clerk of the municipality in which the officer(s) reside(s).

C. Auxiliary police officers in good faith carrying out, and complying with, or attempting to comply with rules and regulations made and promulgated or performing any authorized service shall have and possess all the rights, privileges and immunities conferred upon civilian defense volunteers by the laws of this state.

D. Auxiliary police personnel are not regular sworn police officers. N.J.S.A. App. A:9-45 states that auxiliary police shall have the powers of a regular police officer only during a declared emergency, disaster, or assigned training mission.

(1) Regular police officers, regardless of rank or assignment, shall not relinquish their authority to any member of the Police Auxiliary.

(2) Auxiliary police officers shall obey the instructions of any regular police officer except as provided in the Town of Dover Police Department Rules and Regulations.

(3) Powers granted to the Auxiliary Police can be restricted and controlled in accordance with applicable laws, statutes, guidelines, and directives issued by the New Jersey Legislature, New Jersey Office of Emergency Management, New Jersey Attorney General, Morris County Prosecutor, Board of Aldermen, or the Chief of Police.

E. Auxiliary police personnel are covered by state and federal statutes for compensation insurance in case of death or personal injury only when on duty during a declared emergency, disaster, or assigned training mission.

F. Auxiliary police officers are provided with public liability protection equal to that provided to regular police officers.

G. Auxiliary police personnel must comply with all rules and regulations of the Town of Dover Police Department, those established for the Police Auxiliary, and applicable written directives as may be prescribed.

H. Auxiliary police officers are prohibited from using their identification card, badge, or affiliation with the Town of Dover Police Auxiliary or the Town of Dover for any financial gain, advantage, or other unethical purpose. All Auxiliary Police, while on duty, shall be uniformed in a manner which is clearly distinctive from that of a regular police officer within the Town of Dover. Additionally, each volunteer auxiliary police officer shall wear a badge at all times while on duty indicating membership in the auxiliary police of the Town of Dover.

I. Arming of the Police Auxiliary with less-lethal weapons is authorized subject to the following:

(1) The only authorized less-lethal weapons are the:

(a) Baton: collapsible friction lock baton.

(b) Oleoresin capsicum spray.

(2) Auxiliary officers are also authorized to carry and use handcuffs in comportment with any training provided in basic training and/or in-service training provided by the Police Department.

(3) Only those Police Auxiliary officers who have been instructed in the Town of Dover Police Department's use of force and weapons directives and have demonstrated proficiency with the above less-lethal weapons are authorized to carry these weapons.

(4) All Police Auxiliary officers must receive refresher training in the use of force and weapons directives and demonstrate proficiency with the above authorized less-lethal weapons with the same frequency as regular police officers.

(5) These authorized weapons and equipment can only be carried on duty during a disaster, declared emergency, or authorized training mission.

(6) These authorized weapons must be stored in a safe manner while off duty to retard theft or unauthorized possession or use by unauthorized persons.

(7) Police Auxiliary officers shall promptly report any lost or stolen weapons or equipment to the Town of Dover Police Department as soon as possible following discovery of the loss.

(8) Any use of force must comply with the Town of Dover Police Department's use of force and weapons directives.

J. Under no circumstances shall a Police Auxiliary officer initiate or participate in any motor vehicle pursuit or high-speed response.

(1) A high-speed response is any call response that exceeds posted speed limit.

(2) Auxiliary police are authorized to use emergency lights and sirens under certain conditions to include:

(a) Parades;

(b) Funerals;

(c) Other special events as authorized by the Chief of Police.

(3) Police Auxiliary personnel are permitted to utilize a Town of Dover vehicle only when assigned during a declared emergency, disaster, or training mission, when clearly designated by sign or emblem denoting Auxiliary Police, and with the approval of the squad commander or designee.

(4) Auxiliary Police are not authorized to utilize emergency lights or siren when driving to any fixed post assignment.

K. The following list is representative of the functions which may be proper and appropriate for assignment to the Police Auxiliary. The list is not all-inclusive, and other functions may be assigned at the discretion of the Chief of Police or designee.

(1) Vehicular and pedestrian traffic control;

(2) Receive and disseminate warnings or information and instructions to the public as directed;

(3) Crowd and assemblage control;

(4) Security of federal, state, county or local government buildings, excluding the Municipal Court, within the Town of Dover;

(5) Assist with staffing and functioning of the Town's Emergency Operations Center, field command posts, staging areas, or police headquarters operations;

(6) Enforcement of law and maintenance of order as required and/or directed;

(7) Satisfactory documentation of all assigned tasks initiated or completed, and reporting unusual incidents encountered during assigned duty.

L. Auxiliary police officers are required to attend mandatory training made necessary by their assignment or duties. Those training topics statutorily required of regular police officers shall be provided. These topics include, but are not limited to:

(1) Use of force;

(2) Weapons proficiency (authorized less lethal);

(3) Right to know;

(4) Hazardous materials awareness;

(5) Other topics mandated by the Public Safety Director.

§ 57-21.1 Evaluation.

A. Annually, the Chief of Police or designee shall submit to the State Director of Emergency Management the names and addresses of current Police Auxiliary officers and an outline of the proposed training program.

B. Police Auxiliary officers shall receive annual performance evaluations in accordance with the Dover Police Department's performance evaluation directive.

(1) All Police Auxiliary personnel shall be evaluated.

(2) Personnel should be evaluated by their immediate supervisor/commander.

(3) The Auxiliary Police Captain shall be evaluated by the Police Liaison.

§ 57-22 Appointment of members.

The Mayor and Board of Aldermen may appoint from time to time auxiliary police officers in accordance with New Jersey laws for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said laws consistent with this article during their term in office, but shall not be considered as regular members of the Police Department and shall not be entitled to tenure.

§ 57-23 Term of appointment; revocation.

Auxiliary police shall be appointed annually by the Mayor and Board of Aldermen for a term of one year, and the appointment may be revoked by the Mayor and Board of Aldermen without cause and without a hearing. Auxiliary police so appointed shall not be members of the police force.