The Mayor and Council may appoint special law
enforcement officers to temporarily intermittently perform duties
similar to those duties performed regularly by the members of the
Borough of Kinnelon's regular police force or to provide assistance
to the Borough of Kinnelon's regular police force during unusual or
emergency circumstances or at individual times.
[Amended 8-17-2017 by Ord. No. 7-17]
A. No person shall be appointed a special law enforcement officer unless
the person is a resident of the State of New Jersey during the term
of the appointment and a resident of the Borough of Kinnelon for two
years next preceding the appointment, is sound in body and mind, is
able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent, is of good moral
character, has not been convicted of any offense involving dishonesty
or would have him unfit to perform the duties of his office and has
successfully undergone the same psychological testing that is required
for all full-time police officers in the Borough of Kinnelon. Every
applicant for the position of special law enforcement officer shall
have fingerprints taken, which shall be filed with the Division of
State Police and the Federal Bureau of Investigation. Before any special
law enforcement officer is appointed, the Chief of Police or, in the
Chief's absence, another chief law enforcement officer of Kinnelon
Borough shall ascertain the eligibility and qualification of the applicant
and report these determinations, in writing, to the Mayor and Council.
B. In addition to the qualifications established in Subsection
A of this section, a person shall not be appointed as a Class Three special law enforcement officer unless the person:
(1) Is a retired law enforcement officer who is less than 65 years of
age; for the purposes of this section, a law enforcement officer shall
not be considered retired if the officer's return to employment violates
any federal or state law or regulation which would deem the officer's
retirement as not being bona fide;
(2) Had served as a duly qualified, fully-trained, full-time officer
in any municipality or county in this state or as a member of the
State Police and was separated from that prior service in good standing,
within three years of appointment, except during the period ending
May 31, 2018, was separated from that prior service within five years
of appointment;
(3) Is physically capable of performing the functions of the position,
determined in accordance with Police Training Commission guidelines;
(4) Possesses a New Jersey Police Training Commission Basic Police Officer
Certification or New Jersey State Police Academy Certification;
(5) Has completed the training course for safe schools resource officers
developed pursuant to subsection a of section 2 of P.L. 2005, c. 276
(N.J.S.A. 52:17B-71.8); and
(6) Is hired in a part-time capacity.
For the purposes of this subsection, "good standing" shall exclude
a retirement resulting from injury or incapacity.
Special law enforcement officers shall not be
members of the regular police force of Kinnelon Borough, nor shall
any permanent, regularly appointed full-time police officer of any
municipality be appointed a special law enforcement officer. Any person
appointed to serve as a special law enforcement officer in another
municipality shall not be appointed a special law enforcement officer
in the Borough of Kinnelon. No public official with responsibility
for setting law enforcement policy or exercising authority over the
budget of the Borough of Kinnelon or supervision of the Police Department
of a municipality shall be appointed as a special law enforcement
officer.
[Amended 8-17-2017 by Ord. No. 7-17]
There shall be three classifications for special law enforcement
officers. The classifications shall be based upon the duties to be
performed by the special law enforcement officer as follows:
A. Class One. Class One officers shall be authorized to perform routine
traffic detail, spectator control and similar duties. Class One officers
shall have the power to issue summonses for disorderly persons and
petty disorderly persons, violations of municipal ordinances and violations
of Title 39 of the Revised Statutes. Class One officers are prohibited
from using a firearm, and no Class One officer shall be assigned any
duties which may require the carrying or use of a firearm. The number
of Class One officers appointed shall be determined by the Mayor and
Council in conjunction with the Chief of Police.
B. Class Two. Class Two officers shall exercise full powers and duties
similar to those of a permanent regularly appointed full-time police
officer. Class Two Officers may be authorized to use a firearm, but
only after the officer has been certified as successfully completing
a training program as prescribed by the Police Training Commission
in the Department of Law and Public Safety. The number of Class Two
officers shall not exceed 25% of the total number of regular police
officers, except that the Borough of Kinnelon need not reduce the
number of Class Two officers or the equivalent thereof in the employ
of the Borough of Kinnelon as of March 1, 1985.
C. Class Three.
(1) Class Three Officers shall be authorized to exercise full powers
and duties similar to those of a permanent regularly appointed full-time
police officer while providing security at a public or nonpublic school
or a county college on the school or college premises during hours
when the public or nonpublic school or a county college is normally
in session or when it is occupied by public or nonpublic school or
county college students or their teachers or professors. While on
duty in the jurisdiction of employment, an officer may respond to
offenses or emergencies off school or college grounds if they occur
in the officer's presence while travelling to a school facility or
county college, but an officer shall not otherwise be dispatched or
dedicated to any assignment off school or college property.
(2) The use of a firearm by an officer of this class shall be authorized
pursuant to the provisions of subsection b. of section 7 of P.L. 1985,
c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not
be authorized to carry a firearm while off duty unless the officer
complies with the requirements set forth in subsection l. of N.J.S.A.
2C:39-6 authorizing a retired law enforcement officer to carry a hand
gun.
Prior to the commencement of a special law enforcement
officer's duties, each special law enforcement officer shall be furnished
a uniform, which shall identify the officer's function, and shall
include but not be limited to a hat and appropriate badge and insignia
issued by the Police Training Commission which shall reflect the officer's
status. The Borough of Kinnelon shall require that the officer reimburse
the Borough for the cost of the uniform and equipment furnished to
the special law enforcement officer.
[Amended 8-17-2017 by Ord. No. 7-17]
A. Special law enforcement officers may be appointed for terms not to
exceed one year, and the appointments may be revoked by the Borough
of Kinnelon for cause after adequate hearing, unless the appointment
is for four months or less, in which case the appointment may be revoked
without cause or hearing. The powers and duties of the special law
enforcement officer shall cease at the expiration of the term for
which appointed.
B. A Class Three special law enforcement officer may be employed only
to assist the local law enforcement unit with security duties and
shall not supplant a law enforcement officer employed pursuant to
the provisions of N.J.S.A. 18A:17-43 or a safe schools resource officer
employed pursuant to the provisions of section three of P.L. 2005,
c. 276 (N.J.S.A. 18A:17-43.l).
C. A Class Three special law enforcement officer appointed pursuant
to the provisions of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8, et
seq.) shall not, based on this appointment, be eligible for health
care benefits or enrollment in any state-administered retirement system.
[Amended 8-17-2017 by Ord. No. 7-17]
A. No special law enforcement officer may be employed for more than
20 hours a week by the Borough of Kinnelon, except during periods
of emergency, when a special law enforcement officer may be employed
by the Borough of Kinnelon for those hours the Mayor and Council of
the Borough of Kinnelon may determine necessary. For purposes of this
article, "emergency" shall mean any sudden, unexpected or unforeseeable
event requiring immediate use and deployment of law enforcement personnel
as determined by the Mayor and Council in conjunction with the Chief
of Police.
B. In addition to not more than 20 hours per week, including those duties specified in §
56-21 of this article, a special law enforcement officer may be assigned up to 20 hours per week to provide public safety and law enforcement services to a public entity.
C. A Class Three special law enforcement officer may be employed without
limitation as to hours.
D. The Borough of Kinnelon may designate one special law enforcement
officer to whom the limitations on hours as set forth in this article
shall not be applicable.