There is hereby created in and for the Township of Mount Olive,
in the County of Morris and State of New Jersey, a Police Department.
A.
The Mount Olive Township Police Department shall consist of no more
than a Chief of Police, and one Captain, four Lieutenants, 10 Sergeants,
and a maximum of 50 police officers, to be appointed to these positions
by the Chief of Police at the approval of the Mayor with the budgetary
approval of the governing body, as public need may require.
B.
In addition, the Police Department may employ clerical personnel
and other employees to assist its officers in preserving peace and
good order in the Township.
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 Mount Olive; direct
and control traffic; provide attendance and protection during emergencies;
make appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members.
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby
designated as the appropriate authority and is hereby vested with
the powers and duties of an appropriate authority as delegated by
law.
The Mayor shall, from time to time, as may be necessary, adopt
and amend the rules and regulations for the government and discipline
of the Police Department and employees thereof. Said rules and regulations
may fix and provide for the enforcement of such rules and regulations
and the enforcement of penalties for the violation of such rules and
regulations. All employees of the Police Department shall be subject
to such rules and regulations and penalties.
The Mayor shall appoint a Chief of Police. The Chief shall be
directly responsible to the Mayor for the efficiency and routine day-to-day
operations of the Police Department. In the event that the Mayor is
not available or is absent, then the Chief of Police shall report
to the Business Administrator. The Chief of Police, pursuant to policies
established by the Mayor and consistent with Township ordinances,
shall:
A.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
B.
Have, exercise, and discharge the functions, powers and duties of
the Police Department.
C.
Prescribe the duties and assignments of all subordinates and other
personnel.
D.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision.
E.
Report to the appropriate authority in such form as shall be prescribed
by such authority on the operation of the Department, and make such
other reports as may be requested by such authority.
The duties and responsibilities of the members of the Township
of Mount Olive Police Department shall be those set forth by law and
as prescribed by the Department's written directive system established
by the Chief of Police.
Discipline of police officers will be imposed consistent with
New Jersey State statutes, New Jersey Administrative code, and the
rules and regulations of the Mount Olive Police Department. The written
charges will be signed by the Chief of Police or designee as provided
in the New Jersey Statutes and the Police Department's rules and regulations.
Police officers may also be subject to discipline for violating other
statutes, ordinances, and policies.
The members of the Township of Mount Olive Police Department,
as presently constituted, are hereby continued in their respective
offices or positions. The salaries established by the Salary Ordinance
or collective agreement now in effect shall prevail. Nothing contained
in this article shall be considered as affecting the status, rank,
tenure or any rights heretofore acquired by any member of the existing
Department.
The members of the Police Department of the Township of Mount
Olive shall severally hold their respective offices and continue in
their respective employment during good behavior, efficiency and compliance
with the residence requirement established by law.
The Chief or other officer in charge of the Department shall
have full authority to summon and keep on duty any and all members
of the Police Department during the period of any emergency.
The members of the Township of Mount Olive Police Department
shall be granted vacation time annually, with pay, as provided by
the Personnel Ordinance or such other ordinance of the Township of
Mount Olive or the negotiated contracts with the Mount Olive Fraternal
Order of Police Lodge #122, the Mount Olive Fraternal Order of Police
# 122 Superior Officer's Association and the Mount Olive Township
Public Employees Association pertaining to vacation allowances of
officers and employees of the Township. A vacation schedule shall
be assigned by the Chief of Police, with preference given to those
with the most seniority based on time in rank. Probationary time shall
be included in the computation of any period of continuous service
in determining vacation allowances.
Any employee covered by a collectively negotiated agreement
shall be required to bring grievances, as specified in that agreement,
in accordance with the grievance procedure set forth therein.
A.
The Chief of Police, whenever, in his opinion, the public service
so requires, may detail any of the members of said Department to any
special or particular duty connected with the police service of the
Township and, for such purpose, may send any member or members outside
of the Township limits, together with any police car or equipment
required in the performance of such special or particular police service.
B.
Class Two Special Law Enforcement Officer.
[Added 4-2-2013 by Ord. No. 3-2013]
(1)
Upon appointment by the Chief of Police, or, in the absence of the
Chief, other chief law enforcement officer of the Township, the Township
may employ Class Two Special Law Enforcement Officers (special law
enforcement officer) temporarily, as in the case of an emergency or
for a term not exceeding one year in accordance with New Jersey law
and discharge these officers at the expiration of the temporary appointment.
(2)
The Chief of Police, or, in the absence of the Chief, other chief
law enforcement officer of Township wherein the officer is appointed,
may authorize special law enforcement officers when on duty to exercise
the same powers and authority as permanent, regularly appointed police
officers of Township Police Department, including, but not limited
to, the carrying of firearms and the power of arrest, subject to rules
and regulations, not inconsistent with the certification requirements
of this New Jersey law, as may be established by local ordinance.
(3)
Special law enforcement officers may be appointed for terms not to
exceed one year, and the appointments may be revoked by the Township
for cause after adequate hearing, unless the appointment is for four
months or less, in which event the appointment may be revoked without
cause or hearing. Nothing herein shall be construed to require reappointment
upon the expiration of the term. The special law enforcement officers
so appointed shall not be members of the Township Police Department,
and their powers and duties as determined pursuant to New Jersey and
Township law shall cease at the expiration of the term for which appointed.
(4)
No special law enforcement officer may carry a firearm except while
engaged in the actual performance of the officer's official duties
and when specifically authorized by the Chief of Police, or in the
absence of the Chief, other chief law enforcement officer of the Township
to carry a firearm and provided that the officer has satisfactorily
completed the basic firearms course required by the Commission for
regular police officers and annual requalification examinations as
required for permanent, regularly appointed full-time officers in
the Township.
(5)
A special law enforcement officer shall be deemed to be on duty only
while he is performing the public safety functions on behalf of the
Township pursuant to New Jersey Law and when he is receiving compensation,
if any, from the Township at the rates or stipends as shall be established
by Township ordinance. A special law enforcement officer shall not
be deemed to be on duty for purposes of New Jersey law while performing
private security duties for private employers, which duties are not
assigned by the Chief of Police, or, in the absence of the Chief,
other chief law enforcement officer of the Township, or while receiving
compensation for those duties from a private employer. A special law
enforcement officer may, however, be assigned by the Chief of Police,
or, in the absence of the chief, other chief law enforcement officer,
to perform public safety functions for a private entity if the Chief
of Police or other chief law enforcement officer supervises the performance
of the public safety functions. If the Chief of Police or other chief
law enforcement officer assigns the public safety duties and supervises
the performance of those duties, then, notwithstanding that the Township
is reimbursed for the cost of assigning a special law enforcement
officer at a private entity, the special law enforcement officer shall
be deemed to be on duty.
(6)
Any Township-issued firearm utilized by a special law enforcement
officer shall be returned at the end of the officer's workday to the
officer in charge of the station house. All special law enforcement
officers first shall only use a firearm supplied or approved by the
Township. No such special law enforcement officer shall carry a revolver
or other similar weapon when off duty except as permitted by federal
law under HR 218, also known as the "National Concealed Carry for
Cops" or the "Law Enforcement Officers Safety Act of 2004."
(7)
The special law enforcement officer shall be under the supervision
and direction of the Chief of Police, or, in the absence of the chief,
other chief law enforcement officer of the Township wherein the officer
is appointed, and shall perform his duties only in the Township except
when in fresh pursuit of any person pursuant to Chapter 156 of Title
2A of the New Jersey Statutes or when authorized to perform duties
in another unit pursuant to a mutual aid agreement enacted in accordance
with Section 1 of P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1).
(8)
The special law enforcement officer shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Township, as well as any
rules and regulations applicable to the conduct and decorum of special
law enforcement officers.
(9)
Notwithstanding any provision of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8
et seq.) to the contrary, a special law enforcement officer may travel
through another local unit to reach a noncontiguous area of the Township
or to transport persons to and from a correctional facility.
C.
Class Three Special Law Enforcement Officers.
[Added 3-13-2018 by Ord.
No. 9-2018]
(1)
Pursuant to N.J.S.A. 40A:14-146.10, and with the approval of the
Mayor and Council by annual appointment by resolution, the Chief of
Police may appoint Class Three Special Law Enforcement Officers to
work in Township schools.
(2)
Class Three Special Law Enforcement Officers answer to the Chief
of Police or his designee and shall be in compliance with N.J.S.A.
40A:14-146.10 and all other applicable New Jersey law, Attorney General
guidelines, Prosecutor directives, and Township rules, regulations,
policy and procedure.
No member of the Township of Mount Olive Police Department shall
engage in any business or occupation other than that of police officer,
unless, prior thereto, he shall make written application for permission
to the Chief of Police to engage in such extra-Departmental business
or occupation and shall obtain the approval, in writing, from the
Chief of Police to engage in such activity.
A.
Every member of the Township of Mount Olive Police Department must
maintain himself in proper physical condition and good appearance
at all times. A physical examination shall be required once a year
by the Township Doctor or such other doctor as shall be designated
by the Chief of Police and the Mayor, to be paid for by the Township.
All officers' physicals, after examination by the Township Doctor,
will be made known to the Chief of Police and the Mayor. Should an
officer fail his physical, he cannot be scheduled to take another
one by any other doctor unless and until the Chief of Police and the
Mayor are notified of his failure and can determine if the officer
is fit for duty.
B.
The Chief of Police may require any member of the Police Department
to be examined by a physician approved by the Township when, in the
opinion of the Chief, such member gives evidence that he is unable
to perform properly the duties of his position. Nothing herein contained
shall prevent such member from submitting supplemental evidence of
his condition as may be supplied by a physician of his own selection,
in addition to the medical evidence obtained by the Chief, as above
mentioned.
C.
Recommendations of the physician, so selected by the Township, for
corrective measures of physical deficiencies that are interfering
with the duties of such member of the Township of Mount Olive Police
Department shall be followed by such member.
Pursuant to N.J.S.A. 40A:9-154.1 et seq., the Chief of Police
may, from time to time, appoint as school crossing guards such persons
as he shall deem to be qualified for such position. The powers and
duties of school crossing guards shall be limited to the protection
of children while on public thoroughfares in the Township of Mount
Olive in connection with the attendance of such children at the several
schools in said Township and to the direction and regulation of pedestrian
and vehicular traffic at the various street interactions and crossings
where they may be stationed. While on active duty, school crossing
guards shall be under the jurisdiction of and subject to the order
of the officers of the Mount Olive Police Department.
