[Ord. No. 25-94, § 2]
The purpose of this chapter is to revise all existing ordinances
of the Borough pertaining to the establishment, maintenance, regulation
and control of the Morris Plains Police Department in accordance with
N.J.S.A. 40A:14-118 et seq., and to prescribe rules and regulations
respecting the Department in order that its organization shall be
improved and its operations conducted more efficiently.
[Ord. No. 25-94, § 2; No. 10-2001, § 1; No. 25-2002,
§ 1; Ord. No. 5-2020,
§ 1]
There is hereby created in and for the Borough of Morris Plains
a Police Department which shall consist of the following members and
officers and the maximum number of persons to be appointed to these
positions as the Borough Council may hereafter deem necessary and
proper and designate by resolution:
Title of Position
|
Authorized Number of Personnel
|
---|
Chief of Police
|
1
|
Lieutenant
|
2
|
Sergeant
|
5
|
Police Officer
|
14
|
[Ord. No. 25-94, § 2]
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 Borough; direct and control
traffic; provide attendance and protection during emergencies; provide
appearances in court; cooperate with all other law enforcement agencies;
and provide training for the efficiency of its members and officers.
[Ord. No. 3-2010, § 1; Ord.
No. 25-94, § 2; No. 10-2003, § 1]
(a) Except as otherwise provided by law, no person shall be appointed
to the Police Department unless he or she:
[Ord. No. 7-2015, § 1]
(1) Possesses the requisite qualifications prescribed by N.J.S.A. 40A:14-122
and N.J.S.A. 40A:14-127; and
(2) Successfully passes such written and oral examinations as may be
prescribed by the Borough Council;
(3) Successfully passes such physical, mental and psychological examinations
as may be prescribed by the Borough Council; and
(4) Effective March 20, 2015:
(i) Possesses a bachelor of arts or science degree from an undergraduate
institution accredited by the Middle States Association of Colleges
and Schools; or
(ii)
Possesses an associates of arts or science degree from an undergraduate
institution accredited by the Middle States Association of Colleges
and Schools, or has completed 65 credits or more at such an accredited
institution, and has been honorably discharged from service in the
United States military.
(b) Effective June 1, 2006, no person shall be promoted to or hired at
the rank of Sergeant unless he or she:
(1) Possesses an associates degree from an undergraduate institution
accredited by the Middle States Association of Colleges and Schools;
or
(2) Is currently enrolled in such an accredited undergraduate institution
and has completed 65 credits or more that satisfy the matriculation
requirements for a bachelor of arts or science degree from that institution;
or
(3) Has been honorably discharged from service in the United States military
and is currently enrolled in an undergraduate institution accredited
by the Middle States Association of Colleges and Schools and has completed
35 credits or more that satisfy the matriculation requirements for
an associates degree or a bachelor of arts or science degree from
that institution.
(c) Effective June 1, 2011, no person shall be promoted to or hired at
the rank of Lieutenant or Captain unless he or she is actively enrolled
at an undergraduate institution accredited by the Middle States Association
of Colleges and Schools and has obtained at least 90 credits towards
a bachelor of arts or science degree from such institution.
(d) Effective June 1, 2006, no person shall be promoted to or hired at
the rank of Chief unless he or she possesses a bachelor of arts or
science degree from an undergraduate institution accredited by the
Middle States Association of Colleges and Schools or has completed
all of the requirements necessary for graduation with a bachelor of
arts or science degree.
[Ord. No. 25-94, § 2]
Before entering upon the duties of the office, and within 10
days after appointment, each member of the Police Department shall
take and subscribe an oath or affirmation to faithfully and impartially
discharge the duties of the office of a member of the Police Department
and to uphold and observe the Constitution and laws of the United
States and the State of New Jersey and the ordinances of the Borough.
Said oath or affirmation shall be taken before and filed with the
Borough Clerk.
[Ord. No. 25-94, § 2]
The Chief of Police shall cause to be kept a register of the
number of days and parts of days actually served on regular duty by
Police Department personnel and at the end of each month cause to
be certified such time so served and the amount of salary due to each
employee.
[Ord. No. 25-94, § 2; No. 3-2002, §§ 4, 5; No.
3-2004, § 1]
(a) Policy established. For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Borough of Morris Plains and to authorize the outside employment
of Borough police officers while off-duty, the Borough hereby establishes
a policy regarding the use of said officers.
(b) Escrow accounts.
(1) Any person or entity requesting the services of an off-duty law enforcement
officer in the Borough shall estimate the number of hours such law
enforcement services are required and shall establish an escrow account
with the Chief Financial Officer of the Borough by depositing an amount
sufficient to cover the rates of compensation and administrative fees
set forth in Paragraph (d) below for the total estimated hours of
service.
(2) Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his designee shall verify that the
balance in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the Chief Financial Officer of the Borough.
(3) In the event that the funds in such an escrow account should become
depleted, services of off-duty law enforcement officers shall cease,
and requests for future services shall not be posted until additional
funds have been deposited in the escrow account in the manner prescribed
above.
(4) The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid an interruption of services.
(c) Requests for services; officers to be treated as Borough employees.
(1) All requests to the Borough for the services of off-duty law enforcement
officers in the Borough shall be forwarded to the Chief of Police
for posting.
(2) Any law enforcement officer, when so employed in the Borough, shall
be treated as an employee of the Borough of Morris Plains; provided,
however, that wages earned through outside employment shall not be
applied towards the pension benefits of the law enforcement officer
so employed, nor shall hours worked for outside employment be considered
in any way compensable as overtime.
(d) Rates of compensation and fees; payment for services.
(1) Rates of compensation for the services of off-duty law enforcement officers are established as set forth in the Fee Schedule of the Borough of Morris Plains, Chapter
2, Section
2-46, of the Revised Ordinances.
(2) An additional fee to cover administrative costs to the Borough is hereby established as set forth in the Fee Schedule of the Borough of Morris Plains, Chapter
2, Section
2-46, of the Revised Ordinances.
(3) Payment to law enforcement officers for outside employment shall
be made through the Borough's payroll process.
(4) An additional fee for the use of a police car is hereby established as set forth in the Fee Schedule of the Borough of Morris Plains, Chapter
2, Section
2-46 of the Revised Ordinances.
(e) Hold harmless agreement and insurance requirements. Any person or
entity requesting the services of an off-duty law enforcement officer
in the Borough shall file with the Borough Clerk an executed hold
harmless agreement and proof of insurance, the form of which shall
be approved by the Borough Attorney. Prior to posting any request
for services of off-duty law enforcement officers, the Chief of Police
or his designee shall verify that the person or entity requesting
services has an effective hold harmless agreement and proof of insurance
on file in the Borough Clerk's office.
[Ord. No. 25-94, § 2; Ord. No. 10-2018, §§ 1, 2, 3, 4; Ord. No. 36-2018, §§ 1,
2; Ord. No. 10-2022, § 1, 2, 3]
(a) Appointment, term and revocation. The Borough Council may, as it
deems necessary, appoint special law enforcement officers for the
Borough of Morris Plains for terms not to exceed one year in accordance
with N.J.S.A. 40A:14-146.8 et seq. Such appointments may be revoked
by the Borough Council 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. Special law enforcement officers
so appointed shall not be members of the Police Department, and their
powers and duties shall cease at the expiration of the term for which
appointed or upon revocation of their appointments.
(b) Classification and powers. The classifications of the special law
enforcement officers shall be based upon the duties to be performed
by said officers and are established as follows:
(1) Class One. Officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned
by the Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity designated by the Chief
to act in his stead. Class One officers are also authorized to issue
summonses for disorderly persons and petty disorderly persons offenses,
violations of municipal ordinances and violations of Title 39 of the
New Jersey Revised Statutes. The use of firearms by Class One officers
is strictly prohibited, and no Class One officer shall be assigned
any duties which may require the carrying or use of a firearm.
(2) Class Two. Officers of this class are authorized to exercise full
powers and duties similar to those of a permanent, regularly appointed
full-time police officer. They shall be assigned such powers and duties
by the Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity designated by the Chief
to act in his stead. The use of a firearm by a Class Two officer may
be authorized only after the officer has been fully certified as successfully
completing training as prescribed by the Police Training Commission
established within the New Jersey Department of Law and Public Safety.
(3) Class Three. Officers of this class are 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 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 traveling 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. The use
of a firearm by an officer of this Class Three shall be authorized
pursuant to the provisions of Subsection b of Section 7 of P.L. 1983,
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 1 of N.J.S.A.
2C:39-6, authorizing a retired law enforcement officer to carry a
handgun.
(c) Qualifications.
(1) No person shall be appointed as a special law enforcement officer
unless the person meets the following requirements as set forth in
N.J.S.A. 40A:14-146.10:
(i)
Is a resident of the State of New Jersey.
(ii)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or equivalent.
(iii)
Is sound in body and of good health.
(iv)
Is of good moral character.
(v)
Has not been convicted of any offense involving dishonesty or
which would make the person unfit to perform the duties of a special
law enforcement officer.
(vi)
Has successfully undergone the same psychological testing that
is required of all full-time members of the Police Department.
(2) Every applicant for the position of special law enforcement officer
shall have fingerprints taken by the Chief of Police, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
(3) No person shall be appointed to serve as a special law enforcement
officer of the Borough at the same time that he or she serves as a
special law enforcement officer in any other municipality. No public
official with responsibility for setting law enforcement policy or
exercising authority over the budget of the Borough or supervision
of the Police Department shall be appointed as a special law enforcement
officer.
(4) Before any special law enforcement officer is appointed pursuant
to this section, the Chief of Police shall ascertain the eligibility
and qualifications of the applicant and report these determinations
in writing to the Public Safety Committee.
(5) In addition to the qualifications established in Paragraph (1) of
this section, a person shall not be appointed as a Class III special
law enforcement officer unless the person:
(i)
Is a retired law enforcement officer who is less than 65 years
of age; for the purpose of this paragraph, 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;
(ii)
Had served as a duly qualified, fully trained officer in any
municipality or county of the State of New Jersey or as a member of
the New Jersey State Police, or from any agency of this state, bi-state
agency, or federal agency and was separated from that prior service
in good standing, within three years of appointment, except during
the first year following the effective date of P.L. 2016, c. 68, was
separated from that prior service within five years of appointment;
(iii)
Is physically capable of performing the functions of the position,
determined in accordance with Police Training Commission guidelines;
(iv)
Possesses a New Jersey Police Training Commission Basic Police
Officer certification or New Jersey State Police Academy certification;
(v)
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);
(vi)
Must pass a psychological examination;
(vii) Must pass a medical examination and have a doctor complete a medical
certification form;
(viii) Must pass a drug test pursuant to Attorney General's Law Enforcement
Drug Testing Policy; and
(ix) Must have an updated background investigation.
(d) Uniforms. The uniform of special law enforcement officers shall be
furnished by the Chief of Police in accordance with N.J.S.A. 40A:14-146.12.
(e) Supervision and direction.
(1) Special law enforcement officers shall be under the supervision and
direction of the Chief of Police or, in the absence of the Chief,
another superior officer designated by the Chief of Police, and shall
perform their duties only in the Borough of Morris Plains unless in
fresh pursuit of any person, pursuant to N.J.S.A. 2A:156-1 et seq.,
or when authorized to perform duties in another municipality pursuant
to a mutual-aid agreement enacted in accordance with N.J.S.A. 40A:14-156.1.
(2) Special law enforcement officers shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Police Department, as well
as any rules and regulations applicable to the conduct and decorum
of special law enforcement officers.
(f) Compensation. Compensation for each class of special law enforcement
officers shall be established annually by ordinance of the Borough
Council.
(g) Limitations on number of officers. The number of special law enforcement
officers employed by the Borough shall be limited as follows:
(1) Class One. Not more than the number of regular police officers employed
by the Borough.
(2) Class Two. In accordance with N.J.S.A. 40A:14-146.17, not more than
25% of the number of regular police officers employed by the Borough.
(3) Class Three. Not more than 10 Class Three special law enforcement
officers shall be appointed by the Borough.
(h) Hours of employment; duty assignment.
(1) Except as provided in Paragraph (2) below, no special law enforcement
officer may be employed for more than 37.5 hours per week by the Borough,
except that special law enforcement officers may be employed by the
Borough for those hours as the Borough Council may determine necessary
in accordance with the following:
(i)
Special law enforcement officers may be assigned without limitation
as to hours during periods of emergency.
(ii)
In addition to not more than 20 hours per week, including duties
assigned by the Chief of Police pursuant to N.J.S.A. 40A:14-146.14,
a special law enforcement officer may be assigned for not more than
20 hours per week to provide public safety and law enforcement services
to a public entity.
(2) Exceptions.
(i)
The Borough may designate one special law enforcement officer
to whom the limitations on hours employed set forth in Paragraph (1)
of this section shall not be applicable as provided by N.J.S.A. 40A:14-146.16c.