Township of Middletown, NJ Organization and Responsibilities

Uniformed Division.

Investigative and Technical Services Division.

The Organizational Chart of the Department is as shown at the end of this chapter, and may be revised periodically.[1] This organization structure and chart is not intended and does not limit or preclude the authority of the Chief to assign officers and duties within the Department as per N.J.S.A. 40A:14-118 due to exigencies, emergencies, or the needs of public safety.

Editor's Note: The Organizational Chart is included as an attachment to this chapter.

§ 84-4 Uniformed Division.

[Amended 4-27-1992 by Ord. No. 92-2289; 8-18-1997 by Ord. No. 97-2484; 8-19-2002 by Ord. No. 2002-2688; 3-20-2006 by Ord. No. 2006-2859; 12-27-2007 by Ord. No. 2007-2937]

The Uniformed Division is generally charged with the following functions:

Patrolling public streets, public areas and parks within the Township in a manner to perform effectively the duties of the Department; prevent violations of laws and ordinances; suppress disturbances; arrest offenders; and give aid, relief and information to persons as circumstances require.

Detention and transportation of prisoners.

Supervision of special officers and adult crossing guards.

Provide traffic studies, including speed surveys, traffic counts, accident location studies and statistical analyses.

Provide traffic safety recommendations to municipal, county and state authorities, education and instruction as to traffic safety issues and enforcement procedures, and traffic law and safety enforcement, including accident investigations.[1]

Editor's Note: Original § 20-5, Traffic Division, which immediately followed, was repealed 4-27-1992 by Ord. No. 92-2289.

§ 84-5 Investigative and Technical Services Division.

[Amended 4-27-1992 by Ord. No. 92-2289; 8-18-1997 by Ord. No. 97-2484; 8-19-2002 by Ord. No. 2002-2688; 12-27-2007 by Ord. No. 2007-2937; 12-19-2016 by Ord. No. 2016-3183]

The Investigative and Technical Services Division is generally charged with the following functions:

Prevention of crime; apprehension of offenders; location of missing persons; suppression of gambling and vice; processing of extradition proceedings; recovery of lost or stolen property.

Establish and operate Juvenile Aid Section, which shall administer a broad program for the prevention and reduction of juvenile delinquency and assist in the rehabilitation of juveniles and in various guidance.

Investigation of crimes and processing of materials related to crime scenes as required for the apprehension of criminal offenders; investigations required in connection with applications for licenses or permits.

Establish and maintain a system of books, records, accounts, reports, and papers necessary for police functions; furnish materials, supplies, and maintenance for the Department; supervise storage, maintenance, preservation and disposal of lost and stolen property, contraband, and evidence.

Establish and operate the police communications systems, including the telephone system, teletype system, 911 service, and computer system for the Police Department, including any shared service agreements.

Supervise and operate crime prevention programs as determined appropriate.

Supervise and operate community service programs, including public education programs such as driver clinics, bicycle safety programs, police explorer post, and drug awareness programs for school children and adults.

Development, review and monitoring of existing police policies and procedures, and recommending changes or amendments.

Development, implementation and scheduling of training programs for the Police Department and police personnel at both on- and off-site locations.

Investigation of internal police matters or incidents involving allegations of potential misconduct.

Police Accreditation Compliance Coordinator.

§ 84-6 (Reserved) [1]

Editor's Note: Former § 84-6, Professional Standards Division, added 3-20-2006 by Ord. No. 2006-2859, as amended, was repealed 12-19-2016 by Ord. No. 2016-3183.

§ 84-7 Responsibility of command.

[Amended 8-18-1997 by Ord. No. 97-2484; 11-3-1997 by Ord. No. 97-2442[1]; 10-17-2001 by Ord. No. 2001-2651; 8-19-2002 by Ord. No. 2002-2688; 3-20-2006 by Ord. No. 2006-2859; 8-21-2006 by Ord. No. 2006-2889; 12-27-2007 by Ord. No. 2007-2937]

Pursuant to N.J.S.A. 40A:14-118, the appropriate authority presiding over the operation of the Police Department is the Township Administrator. The Chief of Police and all other members of the Police Department are under the authority of the Township Administrator. The Township Administrator shall have the authority to establish policies and administrative direction and to issue and amend as necessary rules and regulations. The Township Administrator as the appropriate authority shall be the final authority as to all disciplinary decisions and appeals under the rules and regulations. The Township Administrator may delegate the initial hearing process to a Township official who, in his opinion, is qualified to act as a finder of fact, but the final decision rests with the Township Administrator. Nothing herein shall affect the grievance process as contained in the contract between the Township of Middletown and the Police Benevolent Association or the Superior Officers Associations.

The order of rank of sworn officers in the Police Department is as follows:

[Amended 9-21-2009 by Ord. No. 2009-2988; 5-4-2015 by Ord. No. 2015-3136]

Chief (no more than one).

Deputy Chief (no more than three).

[Amended 2-18-2020 by Ord. No. 2020-3284]

Lieutenant (no more than 12).

[Amended 9-19-2022 by Ord. No. 2022-3353]

Sergeant (no more than 18).

[Amended 9-19-2022 by Ord. No. 2022-3353]

Patrol officer (no more than 91).

[Amended 9-19-2022 by Ord. No. 2022-3353]

Special Law Enforcement Officer - Class III SLEOs shall be appointed by a resolution of the governing body for a calendar year or portion thereof.

[Added 9-19-2022 by Ord. No. 2022-3353[2]]

[2]

Editor's Note: This ordinance also redesignated former Subsections B(6) and B(7) as Subsections B(7) and B(8), respectively.

Special Law Enforcement Officer - Class II (shall not exceed number authorized by N.J.S.A 40A:14-146.17). Class II SLEOs shall be appointed by a resolution of the governing body for a calendar year or portion thereof.

[Amended 12-19-2016 by Ord. No. 2016-3183]

Special Law Enforcement Officer - Class I (as determined by the Chief of Police on an annual basis). Class I SLEOs shall be appointed by a resolution of the governing body for a calendar year or portion thereof.

[Added 12-19-2016 by Ord. No. 2016-3183[3][4]]

[3]

Editor's Note: This ordinance also redesignated former Subsection B(7) as Subsection B(8).

[4]

Editor's Note: Former Subsection B(8), regarding authorized number of officers in ranks of Sergeant and Lieutenant, which immediately followed, was repealed 9-19-2022 by Ord. No. 2022-3353.

Editor's Note: Ordinance No. 97-2484 shall take effect immediately, provided, however, as to the rank of the two Captains holding such office and title on the date of the adoption of Ordinance No. 97-2484 and this amendment thereto, the Ordinance shall not become effective as to this rank and position until each incumbent Captain, respectively, shall leave active service in the Middletown Police Department, at which time the rank of Captain shall automatically cease to exist in the order of rank.

§ 84-8 Duties and responsibilities of officers/ranks.

The duties and responsibilities of the officers/ranks within the Department are generally outlined as follows. As a Civil Service municipality, these duties and responsibilities are intended to conform to the duties as outlined in State Department of Personnel (DOP) regulations, and to the extent of any inconsistency, the DOP regulations shall control. The duties outlined shall remain at all times subject to the authority of the Police Chief under N.J.S.A. 40A:14-118 to prescribe the duties and assignments of officers due to exigencies and emergencies and in the interest of public safety. Officers of any rank may be assigned or detailed to work as a detective, for the investigation of crimes and apprehensions of suspects, as determined by the Chief within his authority and discretion.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for the efficiency and day-to-day operations of the Department. He shall, pursuant to policies established by the appropriate authority and pursuant to the authority of N.J.S.A. 40A:14-118, exercise executive authority and supervision of departmental work. The Chief shall:

Be considered to be on duty at all times and shall not leave the Township for any extended period of time without first notifying the Township Administrator and receiving approval of the leave of absence.

Report immediately to the Township Administrator the death, resignation or suspension of any member and shall take custody of all equipment issued to such member.

Supervise the preparation and presentation of all official matters involving the Police Department in court and provide for attendance of all necessary witnesses and members.

Cause immediate investigation to be instituted and written reports to be submitted to the Township Administrator of all cases involving personal injury or damage to property whereby the Township may be claimed to be liable.

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the force.

Prescribe the duties and assignments of all subordinates and other personnel.

A Deputy Chief shall be a direct subordinate of the Police Chief and assists the Police Chief in management and discipline of the Police Department, and does other related duties. The examples of work for this title are for illustrative purposes only. A particular position using this title may not perform all duties listed in this job specification, or conversely, all duties performed on the job may not be listed. Examples of work are as follows:

May assist in the analyses of police problems and helps formulate police rules/regulations.

May assist in planning police work so as to make the best use of available funds, personnel, equipment, and supplies.

Gives assignments/instructions to subordinate members of the Police Department, provides them with needed advice/assistance when difficult/unusual problems arise, and checks their work to see that proper procedures are followed, that reasonable standards of workmanship, conduct, and output are maintained, and that desired police objectives are achieved.

Sees that communication facilities are properly used.

Takes the lead in establishing/maintaining helpful, cooperative relations with civic, recreation, and business organizations, school/court officers, recreation and other groups, police authorities in other jurisdictions, and others interested in maintenance of law and order.

Provides police protection/assistance to gatherings, children and other pedestrians in crossing streets, those engaged in extinguishing fires, those handling large sums of money and other valuables in transit, and to vacant/unused dwellings and business properties.

Makes provision for police assistance at the time and places where traffic is heavy.

Directs detention/apprehension of lawbreakers, preparation of charges against them, and collection and presentation of evidence of their misdeeds.

(9)

Supervises investigation and disposal of complaints.

(10)

Gives testimony in court.

(11)

Prepares and supervises the preparation of reports.

(12)

Directs the establishment and maintenance of police records and files.

(13)

Acts as the Police Chief in his/her absence.

(14)

Will be required to learn to utilize various types of electronic and/or manual recording and information systems used by the agency, office, or related units.

A Police Lieutenant shall be a supervisory officer reporting to superior officers during an assigned tour of duty, acting as Officer-In-Charge of the Department when required, has charge of a police squad or performs specialized supervisory police duties, and does related work as required. Examples of work are as follows:

Gives suitable police assignments and instructions to Sergeants and Police Officers, provides them with needed advice and assistance when difficult problems or maneuvers arise, checks their work to see that proper procedures are followed, reasonable standards of workmanship, conduct, and output are maintained, and that desired police objectives are achieved.

Directs criminal and noncriminal investigations and sees that appropriate police action is taken.

Takes fingerprints for classified records and files.

When on desk duty, keeps a desk blotter, arrest book, and a property book.

When necessary, apprehends, warns, or takes into custody violators of the law.

Sees that needed police protection is provided when large sums of money are in transit, when there are fires, outbreaks, and other conditions which might result in disorder, and when large numbers of people congregate for any reason.

Makes thorough investigations, prepares suitable reports and keeps needed records and files and gives testimony in court.

Will be required to learn to utilize various types of electronic and/or manual recording and computerized information systems used by the agency, office, or related units.

A Police Sergeant shall generally function under supervision of a Police Lieutenant during an assigned tour of duty, has charge of police activities intended to provide assistance and protection for persons, safeguard property, and assure observance of the laws, and apprehends lawbreakers, and does related work as required. The definition and examples of work for this title are for illustrative purposes only. A particular position using this title may not perform all duties listed in this job specification, conversely all duties performed on the job may not be listed. Examples of work are as follows:

Visits and inspects beats, and notes and reports irregularities, fires, and accidents as to their condition and operation.

Receives complaints and makes needed investigations.

Gives needed information to citizens and others.

Notes conditions which are significant from a police standpoint, and takes appropriate action to assure that persons and property are safeguarded and good order is maintained and that police officers are doing their work properly.

Sees that needed police protection is provided when large sums of money are in transit, when there are fires, outbreaks, and other conditions which may result in disorder, and when large numbers of people congregate for any reason.

When necessary, apprehends, warns, or takes into custody violators of the law.

Gives testimony in court.

Prepares and directs the preparation of reports.

(9)

Keeps needed records and files.

(10)

Will be required to learn to utilize various types of electronic and/or manual recording and computerized information systems used by the agency, office, or related units.

A Patrol (Police) Officer may, during an assigned tour of duty, on foot or in an automobile or appropriate assigned vehicle, patrol a designated area to provide assistance and protection for persons, to safeguard property, to assure observance of the law, and to apprehend lawbreakers, and does related work as required. The examples of work for this title are for illustrative purposes only. A particular position using this title may not perform all duties listed in this job specification, or conversely, all duties performed on the job may not be listed. Examples of work are as follows:

Preparation for work.

Attends roll call in proper uniform, listening to information and assignments given orally, and reads daily bulletin, bulletin board, and/or logs of previous shifts, in order to establish presence, receive assignments, and to maintain continuity of service or action.

Gathers together necessary equipment such as weapons, flashlight, summons books, etc., in order to be prepared for duty.

Inspects and maintains patrol car by visually checking and/or operating all equipment, by arranging for washing and mechanical service as needed, and by taking patrol car to service location if required in order to insure that vehicle is ready for patrol.

Inventories and maintains equipment carried in patrol car such as first aid kit, oxygen supply, blanket, flares, etc., by utilizing an equipment checklist, and by replacing missing or damaged items in order to assure readiness for patrol.

Maintains issued uniform and weapons, by arranging for cleaning and reassembling firearms in order to assure their proper appearance and serviceability.

Fights and domestic disputes.

Separates parties involved in a fight situation by physically intervening or escorting one party out of reach of the other, in order to prevent injury to any of the parties involved.

Attempts to calm parties involved in a fight situation by asking each party to tell or discuss his or her side, in order to gain control of the situation.

Discusses possible solutions with parties involved in a dispute by referring parties to appropriate services and explaining legal recourse, in order to fully resolve the dispute or prevent its recurrence.

Arrests one or more parties in a fight situation, by using standard procedures, in order to restore peace.

General patrol.

Patrols throughout assigned area, either on foot or patrol car or assigned vehicle, looking for anything unusual in order to increase patrol visibility and prevent crime, or to discover crime in progress.

Maintains radio communications with headquarters by operating walkie-talkie or patrol car radio in order to facilitate patrol activities.

Assesses situations by utilizing information received from the dispatcher and by visually and orally inspecting premises and surrounding environment in order to make decisions concerning choice of actions and equipment.

Issues summonses for various violations of municipal ordinances and state laws by writing the required information on summons and delivering a copy to the accused, in order to enforce the law.

Facilitates the remediation of miscellaneous hazardous conditions (e.g., road obstructions, malfunctioning signals, etc.) by direct action or by notifying appropriate agencies, in order to restore safe conditions in the assigned sector.

Maintains surveillance of persons suspected of unlawful activity and notifies supervisor or detectives of important information in order to facilitate the investigative procedure.

Reports, or receives description(s) of suspect(s) at large by radio transmission in response to, or backup for, criminal actions, in order to aid, or to enlist aid of fellow officers in the apprehension of suspects/perpetrators.

Following legal guidelines, stops suspicious people, asks them to show identification, and to explain what they are doing in order to detect or prevent a criminal action.

Attempts to disarm persons threatening others with a weapon by using calming conversation and obtaining assistance, in order to neutralize a dangerous situation.

Secures the scene of a crime, or emergency by blocking off the area with barricades, ropes, etc., and by standing guard in order to prevent damage, loss, or injury.

Records patrol activities by filling out log sheet after each call in order to account for actions, mileage, and time on a daily basis.

Service calls.

Promotes good will by talking casually with people, answering questions, referring citizens to other services, and learning of situations requiring police action in order to gain the confidence and support of community members.

Controls crowd at emergency scene, following established procedures, in order to ensure that emergency services can be performed quickly and safely.

Assists in evacuation of buildings, or areas by orally ordering people to leave or by physically escorting them from the area in order to remove them from danger.

Examines ill or injured persons, and administers the appropriate first aid treatment in order to prevent further injury or loss of life.

Guards dignitaries by continuously positioning self in a manner to most effectively provide protection in order to assure safe passage through the area.

Gives assistance to operators of disabled vehicles by repairing vehicle, or obtaining necessary repair service, or by transporting driver and occupants to a place where shelter, or assistance can be obtained in order to alleviate a potentially dangerous situation.

Returns lost children by interrogating passersby, and responsible persons in the area where children were discovered in order to restore the children to the custody of their parents or guardians.

Transports or escorts intoxicated persons home or to the hospital in order to assure their safety.

Blocks suicide attempts by talking to persons threatening and/or attempting suicide, comforting and reassuring them in order to convince them to give up the suicide attempt.

Assists citizens in gaining entry to their vehicles or home when a lockout has occurred, using improvised means in order to provide a necessary service.

Traffic control and enforcement of traffic laws.

Directs or reroutes vehicle and pedestrian traffic at emergency scenes at high-volume traffic locations, and at school crossings, using hand signals, flares, and/or barricades, in order to ensure the safety of pedestrians and the smooth flow of traffic.

Drives patrol car in an unspecified pattern and at varying speeds in order to increase police visibility and to discourage traffic violations and other such occurrences.

Operates radar equipment in patrol unit in order to apprehend speeding law violators.

Pursues detected traffic violators by using patrol vehicle and equipment as required in order to apprehend violators, within Attorney General pursuit guidelines.

Reports action after apprehending traffic violator to the dispatcher, using the radio in order to communicate the location, request backup (if required), and to request motor vehicle and warrant check.

Interviews or interrogates motor vehicle operators and visually inspects operator's license, vehicle registration, and proof of insurance card, in order to obtain information and admission or confession to violations of Motor Vehicle Code.

Evaluates statements, facts, and evidence to determine if a traffic ticket should be issued as a result of an operator's actions.

Warns motor vehicle operators of observed traffic violations by orally informing them of their actions and explaining related provisions of the Motor Vehicle Code, in order to discourage future violations.

Issues traffic summons to observed traffic violators by writing the required information on the summons, giving the violator his copy, and explaining the violation and procedure for compliance, in order to enforce traffic regulations.

Observes behavior and administers appropriate test(s) to suspected violators in order to determine whether they are under the influence of drugs, narcotics, or alcohol.

Motor vehicle accidents.

Summons ambulance, wrecker, or other emergency equipment needed at an accident scene in order to provide the necessary services as quickly as possible.

Protects accident scene from disturbance by appropriately positioning police car and by lighting and placing flares at strategic locations in order to divert traffic and to prevent further destruction, or removal of evidence.

Removes (or assists in removing) dead or injured from wrecked and/or overturned vehicles by manually lifting them.

Transports motor vehicle accident victims to the hospital when no other emergency vehicle is available in order to minimize time lost in receiving necessary medical treatment.

Identifies, protects, and documents any short-lived evidence found at the accident scene, using approval departmental procedures in order to prevent evidence from being overlooked or destroyed.

Inspects and/or operates devices (lights, brakes, steering, tires, etc.), of vehicles involved in accidents to determine if their operating condition contributed to the cause of the accident.

At the scene of a motor vehicle accident, interviews operators, occupants, and witnesses, using simple interviewing techniques and writing notes of important information in order to help determine how, when, and why the accident occurred.

Explains procedures that motor vehicle operators should follow concerning insurance claims and filing accident forms.

Evaluates statements, facts, and evidence gathered at a motor vehicle accident scene in order to determine if a summons should be issued.

Measures the distance from the accident vehicles and markings made by the vehicles to fixed points (mile post markers, nearest intersection, city limits, etc.), using a tape measure, or measuring wheel in order to determine the exact location, and possible cause of the accident.

Sketches a rough diagram of the accident scene, showing movement of vehicles and pedestrians before and after impact and location of physical evidence in order to record this information for future investigation.

(l)

Completes accident report forms by printing or typing data gained from accident investigation (including a short narrative and a diagram of the accident) in order to officially record the results of the investigation and to provide information to all parties involved.

(m)

Transports blood or urine samples of motor vehicle operators to police labs in cases of suspicious auto accidents in order to obtain evidence as to whether the operator was driving under the influence of drugs or narcotics.

Investigations.

Locates and interrogates available witnesses after an incident by talking with people in the area in order to obtain information for further investigation.

Make notes of activities and facts of initial investigations in order to record information for future reference.

Collects and labels evidence taken from the crime scene, using approved departmental procedures, in order to preserve evidence.

Relates suspicious activities and other important information to detectives by direct or written communication in order to facilitate the investigative process.

Takes photographs, or directs a photographer to take specific pictures at a crime scene in order to establish visual evidence.

Searches property involved in criminal incidents by visual inspection and by disassembling property items when necessary in order to discover dangerous objects, missing items, or other evidence.

Attempts to locate owners of damaged property by utilizing existing records and/or questioning area residents in order to inform the owner of the damage and to obtain information.

Assists victims in the use of the "mug book" in order to make identification of suspects.

Prepares property report on items to be used as evidence in order to document its existence, characteristics, and availability.

Prepares investigative reports, or supplements for each phase of an investigation in order to provide an official running record of the investigation.

Completes request for examination of evidence forms, including a narrative description of the crime and a checklist of evidence in order to ensure a thorough analysis of the evidence.

Arrests.

Apprehends and subdues suspects by chasing them on foot, or in patrol car and by using reasonable physical force and applying handcuffs, if necessary, in order to take suspect into custody and to prevent injury to the officer or others.

Searches the body and clothing of suspects for possible weapons, using visual and physical means in order to ensure the safety of the officer and others.

Transports arrested persons to headquarters, or detention facility, using handcuffs and other security measures necessary in order to book them according to proper procedures.

Advises parents of juvenile offenders in custody of procedures relative to the case in order to ensure that parents understand their responsibilities.

Refers juvenile cases to the Youth Officer (juvenile department) by submitting known details in order to have the case handled by appropriately trained personnel.

Reads "Constitutional Rights" to suspect and obtains signature from suspect on the written statement of the rights in order to effect a lawful arrest.

Identifies suspect by inspecting his driver's license or similar document(s) in order to assist in determining if suspect has a prior arrest on record.

Fingerprints and/or photographs violators or suspects using equipment at the ID station in order to process a standard arrest.

Operates a video recorder on persons arrested for drunkenness or narcotics use in order to have a record of behavior as evidence.

Completes reports necessary to substantiate an arrest by printing, or typing all required information (including a narrative description) on appropriate forms in order to document an arrest.

Contacts appropriate court authority by telephone in order to determine the amount of bail or bond required to release the accused.

(l)

Transports arrested persons according to appropriate criminal code (juvenile, adult, female, etc.) in order to situate detained parties at required locations.

(9)

Court testimony: preparation and appearance.

Prepares to testify in court by collecting documents, reports and other evidence related to the case, reading all reports and notes, and talking with other officers, supervisors, solicitors, and witnesses, in order to ensure accuracy and effectiveness of testimony.

Notifies and/or subpoenas witnesses and victims of crime before scheduled court hearings to ensure their availability to testify.

Testifies in court by presenting facts and/or evidence related to the case and by answering attorney's and magistrate's questions in order to help ensure the proper disposition of the case.

(10)

Supportive duties.

Process incoming calls by listening to caller and identifying important information, determining what action to take (i.e., dispatching a patrol car to investigate, or referring caller to another agency) and initiating this action in order to ensure an appropriate response.

Dispatches patrol cars via radio by selecting and contacting available units and by transmitting the location and nature of problem to the selected cars in order to respond to incoming calls, or to provide support for primary units.

Maintains log of all incoming calls and radio transmissions by recording information (i.e., time call is received, unit dispatched, unit arrives, unit leaves, and location and nature of emergency) on appropriate forms in order to provide documentation of activities.

Operates computer terminal by entering or reading information on screen in order to transit, or to receive data from NCIC, SCIC, or other central information source.

Guards prisoners and arrested persons by appropriately positioning self in relation to prisoners, and by using handcuffs when necessary in order to prevent escape and to protect the prisoners from harm.

Makes a check of jailed prisoners by touring the facility at regular time intervals, and by making a notation on each cell sheet in order to account for the presence and safety of all prisoners.

May be required to learn to utilize various types of electronic and/or manual recording and information systems used by the agency, office, or related units.

Special Law Enforcement Officers. Temporarily or intermittently perform duties similar to those performed regularly by members of a police force of a local unit, or to provide assistance to a police force during unusual or emergency circumstances, or at individual times as directed by the Chief of Police or his designee subject to the provisions of N.J.S.A. 40A:14-146.8 et seq.

[Added 12-19-2016 by Ord. No. 2016-3183]

§ 84-9 Responsibilities of Police Physician.

The Police Physician shall have the following responsibilities:

Examine or cause a qualified assistant to examine any sick or injured departmental members as may be necessary.

Ascertain whether the disability of any member is sufficient to warrant his remaining off duty and make such subsequent additional examinations as shall be necessary to keep informed of the progress of each case.

Direct members to return to duty when they are sufficiently recovered from any sickness or injury, and he shall notify the Chief of Police to this effect.

Submit a written report on any member failing to physically perform his duties when, in the physician's opinion, he is capable of doing so.

Examine prisoners taken ill and make proper disposition in such cases.

Make an investigation and file a written report with the Chief of Police of the death of any departmental member, stating the time, cause and circumstances of the same, particularly stating whether such death occurred in the performance of duty or resulted from an injury or sickness incurred or received while in actual performance of duty.

Temporarily excuse any member of the Police Department who, due to either physical, psychological or psychiatric conditions, is not able to perform the duties of a member of the Police Department and submit appropriate reports concerning any member permanently unable, due to physical, psychological or psychiatric condition, to perform the duties of a member of the Police Department.

§ 84-10 Special duty assignments for police officers.

[Added 9-13-1993 by Ord. No. 93-2339; amended 10-21-1996 by Ord. No. 96-2456; 12-16-1996 by Ord. No. 96-2460; 4-2-2001 by Ord. No. 2001-2626]

Approval of assignment. Any and all extra duty assignments by police personnel shall be determined and approved by the Chief of Police or his designee. No police officer shall perform special duty assignments for private or non-law enforcement entities for compensation other than through the procedure in this section. The Chief or designee shall obtain such information as he determines necessary and is authorized to approve such special duty police assignments. The Chief or designee may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as in his sole discretion and determination are in the best interest of the Township and/or police officers or public safety. The Chief or designee shall be guided by the nature of the assignment and may refuse to approve those with conflict of interest and/or significant risk of injury. The Chief or designee may assign a police vehicle or appropriate equipment for use in performing special duty if it is determined that the use is necessary to perform the contracted duty. This section does not apply to assignments or work performed for or at the direction of any Special Task Force or similar assignments by the Monmouth County Special Task Force or similar assignments by the Monmouth County Prosecutor or other law enforcement agencies, except that payments to the officers performing such assignments may be made by such law enforcement agencies through the Township Special Duty Police Fund subject to the approval of the Municipal Finance Officer.

Status of assignment.

The work to be performed shall be considered "special assignments for independent contractors" and will not be considered a direct assignment. The taking of any and all special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the Chief or designee.

Officers engaged in special duty assignments shall be deemed on-duty for all purposes, including but not limited to workers' compensation, public liability, and third-party claims for damages, and the officers performing such duties shall conform to all Police Department rules, regulations and procedures. All special duty assignments shall be contracted for in writing by the completion of a contract form, which contract shall be kept on record.

All special duty assignments shall be within Middletown, unless specific written approval is given by the Chief to the officer to work outside of the Township. The Chief may contact adjoining municipal police departments to see if their officers are willing to perform such special assignments outside of Middletown, before allowing Middletown officers to perform assignments outside of Middletown. This does not apply to assignments crossing municipal boundaries in which the work is partially performed in Middletown.[1]

Editor's Note: Original § 44-10B(4), regarding the private parties or attorneys who utilize police officers in civil cases by subpoena, which immediately followed this subsection, was repealed 3-16-2015 by Ord. No. 2015-3129.

Payments.

All payments for special duty assignments shall be deposited in and made through the Special Duty Police Fund established by the Municipal Financial Officer, from which payment shall be made to the individual police officers performing such service. All payments from the Trust Fund shall be made to the police officers in a timely manner as provided by law, subject to required deductions and an administrative fee to be retained by the Township. Any dispute between the contractor and the police officer on assignment as to service required or compensation due shall be decided by the Chief and his decision shall be final and binding.

All requests by private and/or non-law enforcement parties for special duty services shall be made in writing at least two business days before the services are to commence, except in the event of exigent circumstances, this time period may be waived by the Chief or designee. Upon filing the request, the requesting party shall deposit with the Township, or have on deposit, in the Special Duty Police Fund at least sufficient funds to pay for the services requested, including all administrative charges. The amount required to be deposited shall be subject to the determination and approval of the Chief or his designee, and must at all times be sufficient to pay for special duty services before said services are rendered and no services shall be rendered unless prepaid.

Parties that utilize special duty services on a regular basis for a week or longer shall maintain a minimum balance of the average weekly expenditure in the Fund. Parties that utilize special duty services on a regular or frequent basis shall maintain a minimum deposit of $500 in the Fund. The Chief or designee shall have the authority to determine the appropriate minimum balance for a particular party utilizing services to ensure adequate funds are on deposit to timely pay the officers and administrative fees for services provided.

No services shall be rendered for any party that does not have funds on deposit sufficient to cover the services. No services shall be rendered to any party that is delinquent on payment for past services rendered. Delinquent parties shall be liable for interest at 18% on any funds noticed to the party as delinquent, together with any damages or attorney fees or costs incurred by reason of their delinquency.

Any assignment canceled by a private party on less than four hours' notice shall be charged against the party for the minimum hours for the assignment.

Hourly rates/charges.

[Amended 12-17-2007 by Ord. No. 2007-2936; 3-16-2015 by Ord. No. 2015-3129;8-17-2020 by Ord. No. 2020-3292]

The hourly rate/charge payable to the police officers shall be as follows:

	Construction assignments	$75 per hour, 4 hour minimum
	Security assignments	$75 per hour, 4 hour minimum
	Bank security assignments	$75 per hour, 2 hour minimum
	Township/school assignments	$50 per hour, 3 hour minimum
	Other assignments	$60 per hour, 4 hour minimum

The Chief or designee may waive the minimum hours on a particular assignment, after consultation with the officers involved in the assignment, should he determine that it is in the interest of the Township. In continuing assignments, the Chief may waive the hourly minimum on a continuing basis after consultation with and consent of the PBA/SOA.

The hourly rate/charges set forth in Subsection C(6)(a) shall have added $25 per hour as a surcharge for administrative costs to be retained by the municipality. The Chief may waive the administrative fee for assignments for municipalities or governmental agencies when appropriate in his discretion for regional events or mutual-aid-type situations.

The hourly rate/charges set forth in Subsection C(6)(a) shall have added an additional vendor administration fee in an amount that is the greater of 8% of the hourly rate/charge or $4 per police officer hour, provided a third-party vendor scheduled the special duty assignment (see Subsection E).

[Amended 12-5-2022 by Ord. No. 2022-3359]

The fees set forth in Subsection C(6)(b) and (c) shall not be applicable to assignments for the Township of Middletown or the Middletown Township Board of Education.

Emergencies.

The Chief or designee has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergent situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief or designee. The contractor shall not be responsible for any compensation for the time the police officer is away from the special duty assignment, and shall have no claim for any costs or damages against the Township, the Chief or any police officer arising from the termination of any special duty assignment other than the prorated return of any fee prepaid to the Township for the time.