Every member of the Police Department and every
special policeman shall before entering upon the performance of his
duties take and subscribe to 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 his
office, which oath or affirmation shall be filed with the Township
Clerk.
[Amended 3-7-2011 by Ord. No. 10-2011]
A. The
Chief of Police shall have the following powers and duties:
(1) Shall be executive head of the Police Department;
(2) Shall be directly responsible for the conduct, efficiency and management
of the Department;
(3) Shall be subject to and responsible for enforcement of the rules
and regulations established by the appropriate authority for the Department
and shall be subject to the orders of the Director of Public Safety;
(4) Shall instruct all members of the Police Department and special policemen
in their duties and shall give particular attention to the instruction
and training of members of the Department and special policemen;
(5) Shall supervise all members of the Department and performance of
their duties;
(6) Shall ascertain the eligibility and qualifications of all applicants
for membership in the Police Department and of special policemen;
(7) Shall keep or supervise the keeping of all reports and records concerning
the activities of the Department;
(8) Shall confer with the Director of Public Safety from time to time
and shall within 10 days after the end of each calendar month make
a written report to the appropriate authority as to the activities
of the Police Department during the previous calendar month and shall
in such report also make such recommendations as he shall deem advisable
and appropriate for the betterment of the Department; and
(9) Shall perform and be responsible for all duties provided by law and
required of other police officers.
B. As
used in this section, "appropriate authority" means the Mayor, manager,
or such other appropriate executive or administrative officer, such
as a full-time director of public safety, or the governing body or
any designated committee or member thereof, or any municipal board
or commission established by ordinance for such purposes, as shall
be provided by ordinance in a manner consistent with the degree of
separation of executive and administrative powers from the legislative
powers provided for in the charter or form of government either adopted
by the municipality or under which the governing body operates.
C. Except
as provided herein, the municipal governing body and individual members
thereof shall act in all matters relating to the police function in
the municipality as a body, or through the appropriate authority if
other than the governing body.
D. Nothing
herein contained shall prevent the appointment by the governing body
of committees or commissions to conduct investigations of the operation
of the police force, and the delegation to such committees or commissions
of such powers of inquiry as the governing body deems necessary or
to conduct such hearing or investigation authorized by law. Nothing
herein contained shall prevent the appropriate authority, or any executive
or administrative officer charged with the general administrative
responsibilities within the municipality, from examining at any time
the operations of the police force or the performance of any officer
or member thereof. In addition, nothing herein contained shall infringe
on or limit the power or duty of the appropriate authority to act
to provide for the health, safety or welfare of the municipality in
an emergency situation through special emergency directives.
All members of the Police Department and all
special policemen shall have the following powers and duties:
A. Shall have the powers and duties provided by law;
B. Shall preserve peace and good order within the Township;
C. Shall lend aid and assistance to distressed, injured
and infirm persons; and
D. Shall enforce the laws of the United States and the
State of New Jersey and the ordinances of the Township of Harrison,
in the County of Gloucester.
[Amended 9-17-2018 by Ord. No. 30-2018]
A. The
appropriate authority may from time to time make, amend or repeal,
by resolution or ordinance of the Township Committee, such rules and
regulations as they may deem necessary or proper concerning the powers
and duties of the Chief of Police, police officers and special policemen
and the regulation and control of the Police Department and the conduct
and decorum of members of the Department and of special officers.
B. All
such rules and regulations shall be in writing, signed by the appropriate
authority and shall be filed in the office of the Township Clerk and
in the office of the Chief of Police and shall be conspicuously posted
in the headquarters of the Department.
Except as otherwise provided by law, no permanent
member of the Police Department shall be removed from his 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, fined or reduced in rank from office
or employment or position therein, except for just cause and then
only upon a written complaint setting forth the charges against such
member and upon proceedings in accordance with the law in such case
made and provided.
The compensation of the members of the Police
Department and special policemen shall be fixed by the Salary Ordinance
of the Township of Harrison, in the County of Gloucester.
[Added 8-19-2013 by Ord. No. 25-2013]
A. Purpose.
(1) The purpose of this section is to set forth guidelines to govern
the employment of Township of Harrison police officers for "extra-
duty" (off-duty) details within the Township of Harrison or within
other local municipalities and which extend beyond their regular assigned
duties and responsibilities.
(2) Members of the Township of Harrison Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours and at such time as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Township as determined by the Township of Harrison
Chief of Police. Acceptances of such assignments by the police officers
are strictly voluntary, and the acceptance or declination of such
assignments is not a condition of employment.
B. Definitions. For the purpose of this section, the following words
and phrases, unless otherwise indicated, shall be deemed to have the
following meanings:
EMPLOYER
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of the Township
of Harrison.
EXTRA DUTY
Any employment when a police officer is not scheduled for
a shift of duty by the Township of Harrison Police Department and
that is conditioned on the actual or potential use of law enforcement
powers by the police officer employee. This shall be limited to employment
as a security guard, traffic control officer or plainclothes surveillance
officer.
PLAINCLOTHES SURVEILLANCE OFFICER
A position of employment involving the wearing or carrying
of a Township of Harrison Police badge or the carrying of a firearm
or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
POLICE OFFICER
Any class of police officer of the Township of Harrison.
SECURITY GUARD
A position of employment involving the wearing of a Township
of Harrison uniform, badge, and/or the carrying of a firearm or other
dangerous weapon as defined by N.J.S.A. 2C:39-1.
TRAFFIC CONTROL OFFICER
A position of employment involving the wearing of a Township
of Harrison Police uniform while directing traffic within or outside
the Township of Harrison.
C. Requirements.
(1) Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police, which approval shall be
granted if in the opinion of the Chief such employment would not be
inconsistent with the efficient functioning and good reputation of
the Township of Harrison Police Department, and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work. The Township of Harrison may utilize the services
of an independent agency ("administrative service agent") to coordinate
the scheduling, invoicing and collection of the fees and costs associated
with the extra-duty work.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(2) Assignments shall be a minimum of four hours; cancellations of an
assignment with less than two hours' notice shall be subject
to this minimum. Assignments for hours in excess of four hours shall
be billed in thirty-minute increments. Each assignment requires the
utilization of an officer for consecutive hours. No assignment may
be segmented to utilize an officer for nonconsecutive hours. Any break
in assignment shall be deemed a new assignment, and a minimum four
hours of compensation shall be due to the officer.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(3) No employer shall employ a Township of Harrison police officer for
extra duty without having first filed with the Township of Harrison
Clerk a certificate of insurance. The certificate shall evidence comprehensive
general liability and automobile liability in the amount of not less
than $1,000,000 any one occurrence and worker's compensation with
"statutory limits" with respect to injuries and/or damages suffered
or caused by police officers while in the employ of the employer.
(a)
All policies of insurance evidenced by any certificate filed
hereunder shall be maintained by the employer in full force and effect
at all times while any police officer is employed by such employer.
Upon the change or renewal of any such policy of insurance, the employer
shall forthwith file with the Township Clerk a new and current certificate
of insurance in compliance with the foregoing provisions.
(b)
No certificate of insurance required by this section shall be
deemed filed with the Township Clerk unless it has been first approved
by the Township Risk Management Consultant.
(4) Escrow account.
(a)
Except as provided herein, any person or entity requesting the
services of an off-duty police officer of the Township of Harrison
Police Department shall estimate the number of hours such law enforcement
services are required, which estimate shall be approved in writing
by the Chief of Police, and shall establish an escrow account with
the Township Treasurer or administrative service agent, by depositing
an amount sufficient to cover the rates of compensation and administrative
fees set forth herein for the total estimated hours of service.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(b)
If the amount required to be deposited with the Township or
administrative service agent exceeds $20,000, an escrow deposit of
$20,000 shall be required. Said $20,000 deposit shall be maintained
until such time as the amount required to be deposited for all remaining
services on any given project shall be less than $20,000, and then
such lesser amount shall be required to be maintained.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(c)
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
(5) In the event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall cease and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
(a)
State, county and municipal bodies and agencies and public schools
shall be exempt from the requirements for the posting of an escrow
deposit.
(b)
The Township of Harrison Chief of Police, with the concurrence
of the Township of Harrison Treasurer, may waive escrow requirements
for assignments of less than five hours in total with employer history
of reliable payment or other indications of prompt and timely payment.
(6) Any employer who employs a police officer for extra duty without
first having complied with the requirements as set forth shall be
subject to a fine of $500 for each day that it employs the police
officer.
(7) Any police officer who accepts or continues extra-duty employment
with an employer who has not complied with the requirements of this
section, shall be deemed in violation of the rules and regulations
of the Police Department and shall be subject to appropriate discipline.
The police officer shall, prior to accepting or continuing extra-duty
employment, ascertain from the prospective employer whether it has
complied with the provisions hereof. If the employer has not yet complied,
the police officer shall not accept the prospective extra-duty employment.
(8) At no time shall payment in the form of cash be exchanged between
an employer and any police officer.
(9) Officers assigned to extra-duty details shall be attired as prescribed
by the Department's Uniform Policy. Officers shall be attired in the
requisite and appropriate uniform or "plain clothes" that is determined
to be best suited by the Chief of Police for the nature of the extra-duty
detail. Officers shall be subject to all rules and regulations of
the Township of Harrison Police Department.
(10)
Officers working any form of traffic-related detail shall comply
with all applicable safety standards.
(11)
An officer on an extra-duty assignment shall take police action
in response to any serious police matter coming to their attention
at any time, and are additionally expected to respond to emergency
situations in the Township of Harrison if the extra duty assignment
is within the immediate area. All officers are subject to recall to
duty if an emergency arises in the Township of Harrison.
(12)
In order to be eligible for extra-duty employment, a police
officer must be in good standing with the Department. Officers who
are on medical or other leave due to sickness, temporary disability
or an on-duty injury shall not be eligible to engage in extra-duty
employment. Officers who are found to be performing extra duty assignments
when they have called out sick for regular-duty work within the Township
of Harrison shall be subject to disciplinary action.
(13)
Wages earned for outside, extra-duty employment by any Township
of Harrison police officer shall not be applied toward the pension
benefits of the police officer so employed, nor shall hours worked
for outside employment be considered in any way compensable as overtime
payable by the Township of Harrison.
(14)
The Township of Harrison Chief of Police reserves the right
to decline to approve any outside employment.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(15)
Each employer of a police officer for extra duty must sign in
advance a hold-harmless indemnification agreement stating that said
employer will release, defend and indemnify the police officer, the
Police Chief, the Police Department, the Harrison Township Committee
members, Harrison Township and any agent, officer, employee thereof
and save them harmless from and against any and all claims, actions,
damages, liability and expenses, including but not limited to court
costs and reasonable attorney's fees, without regard to fault, in
connection with or arising out of any acts or omissions by the Harrison
Township police officer in performing the extra duty subject to said
employer's agreement with the Township of Harrison or in connection
with or arising out of that agreement between said employer and the
Township of Harrison or Township of Harrison Police Department for
such extra-duty assignment.
D. Procedure.
(1) All requests for extra-duty assignments shall be forwarded to the
Township of Harrison Chief of Police or the administrative service
agent. Requests for assignments for a period of one week or longer
shall be submitted at least 10 days before such services are required.
Any prospective employer shall be apprised of any applicable Township
codes, ordinances, rules and regulations, and policies and procedures.
[Amended 2-1-2021 by Ord.
No. 02-2021]
(2) The Chief of Police shall ensure:
(a)
Compliance with this policy and all applicable Township codes
and ordinances, Departmental rules, regulations, policies and procedures,
and other applicable contracts, agreements, laws and regulations.
(b)
Notwithstanding any other regulations and/or contracts, ensure
that there is an equitable opportunity for all eligible officers within
the department to avail themselves to such extra duty employment.
[1]
Repeated denials by an officer who has been offered such employment
do not encumber or obligate the Department to ensure for equitable
distribution of such employment opportunities.
(c)
All officers working extra-duty details shall do so under the
auspices and control of the Department's rules and regulations, and
policies and procedures.
(d)
All officers working extra-duty details shall have the training,
experience and skills required to perform the assignment safely and
appropriately, and shall be denied assignment if they lack same.
(e)
All escrow payments, certificates of insurance and applicable
forms have been completed, submitted, and accepted as required.
E. Rates of compensation; administrative fee; payment of services. Rates
of compensation for contracting the services of off-duty law enforcement
officers shall be as follows: $70 per hour for highway construction;
traffic control; commercial, retail and/or business security; and
$45 per hour for schools, churches and nonprofit entities. In addition,
the employer shall pay an administrative fee equal to 10% of the hourly
rate, per hour, to cover the administrative costs, taxes, insurance
and out-of-pocket expenses for the officer incurred by the Township
of Harrison. If the employer requires the off-duty law enforcement
officer to utilize a patrol vehicle, the employer shall pay an additional
fee in the sum of $25 per day. The school, church and nonprofit entity
employer is exempt from paying the administrative fee and patrol vehicle
fee.
[Amended 2-1-2021 by Ord.
No. 02-2021]