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