[HISTORY: Adopted by the Township Council
of the Township of Mount Laurel as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
[Adopted 7-18-1956 by Ord. No. 1956-6; amended in its entirety 3-20-1995 by Ord. No.
1995-5]
[Amended 3-17-2008 by Ord. No. 2008-4; 9-12-2022 by Ord. No. 2022-14; 12-12-2022 by Ord. No. 2022-17]
A.
The Chief of Police shall supervise, direct and control
all of the operations and activities of the Police Department of the
Township. The Police Department shall consist of regular police officers
and special police officers and such other employees as the Township
governing body may appoint from time to time.
B.
The Deputy Police Chief of the Township of Mount Laurel,
when appointed, shall exercise the supervision, direction and control
authority over the operations and activities of the Police Department
of the Township in the absence of the Chief of Police. The said Deputy
Chief shall consult with the Township Manager in the exercise of that
authority and will continue exercising the said authority until the
earlier of the return to service of the Chief of Police or the appointment
of a successor Chief of Police. The Deputy Police Chief shall retain
the rank as second in chain-of-command within the Police Department.
C.
The position
of Captain of the Mount Laurel Police Department is established and
up to two qualified officers may be appointed to the position by the
appropriate authority. Captains shall be superior in rank to Lieutenants,
Sergeants, patrol officers, and all other officers of the Police Department
except the Chief and Deputy Police Chief. Those appointed to the position
of Captain will answer to the Chief of Police and Deputy Police Chief,
and have supervisory control of the department as assigned by the
Chief of Police. When in the absence of the Chief of Police and Deputy
Police Chief, a Captain shall be designated on a case-by-case basis
to exercise the supervision, direction and control authority over
the operations and activities of the department. The Chief of Police
shall designate the Captain responsible for this role, or, in the
absence of the Chief and Deputy Chief or a vacancy in those positions,
the Township Manager shall designate that Captain. The said Captain
shall consult with the Township Manager in the exercise of that authority
and will continue exercising the said authority until the earlier
of the return to service of, or the appointment of a successor to,
Chief of Police or Deputy Police Chief.
A.
No person shall be appointed an officer or member
of the Police Department unless he is a citizen of the United States
and has been a resident of the State of New Jersey for at least one
year; is sound in body, of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
that such person is eligible to membership in said retirement system;
is able to read, write and speak the English language well and intelligently;
and is of good moral character.
B.
The governing body of the Township of Mount Laurel
is hereby authorized to appoint and retain in its employ, as present
or future officers or members of the Township of Mount Laurel Police
Department, individuals who meet the requirements of this article
and the requirements specified in N.J.S.A. 40:47-3, as amended or
supplemented,[1] or any other applicable law, with the exception that said
present or future officers or members of the Police Department need
not be residents of the Township of Mount Laurel prior to or at the
time of their appointment to the Department.
[1]
Editor's Note: See N.J.S.A. 40A:14-9 and 40A:14-122
et seq.
C.
No person shall be so appointed who has been convicted
of any offense constituting an indictable offense or who has been
convicted of any crime or offense involving moral turpitude.
D.
No person shall be appointed as a police officer who
is less than 18 or more than 35 years of age. The provisions of this
subsection of the article relative to age are subject to the provisions
of Chapter 98 of the Laws of 1944 of the State of New Jersey (N.J.S.A.
38:23A-2).
E.
Notwithstanding the foregoing provisions, the Township
governing body may employ officers or men temporarily in case of an
emergency or for parts of years where their services are not needed
throughout the entire year and discharge them at the expiration of
such temporary employment. Any person appointed to the Police Department
who is, at the time of appointment, not a resident of the Township
of Mount Laurel shall live in such proximity to the Township as will
satisfy the Township governing body that the appointee will be able
to fully perform his duty as a member of the Police Department.
F.
Any police officer employed by Mount Laurel Township
must be a resident of the State of New Jersey during the entire time
of his or her employment as a police officer in Mount Laurel Township
Police Department.
G.
addition
to the foregoing requirements, and all other state and local regulations
concerning the hiring of an entry-level law enforcement officer, the
Township of Mount Laurel Police Department may hire a person, who
is exempt from the requirement to take an examination administered
by the Civil Services Commission for an entry-level law enforcement
position and who has successfully completed a full Basic Course for
Police Officers training course at a school approved and authorized
by the New Jersey Police Training commission.
[Added 4-26-2021 by Ord. No. 2021-10]
Before any person is appointed as a regular
police officer in the Police Department of the Township of Mount Laurel,
he or she shall first be appointed for a probationary period of one
year.
Before entering upon the discharge of their
duties, regular police officers, probationary police officers, temporary
police officers and special police officers shall severally take and
subscribe an oath or affirmation to truly, faithfully and impartially
execute their duties to the best of their skill and understanding,
and said oath or affirmation shall be filed with the Township Clerk
within 10 days after such appointment.
The officers and members of the Mount Laurel
Police Department shall be paid such salary or compensation as the
Township Council may by ordinance from time to time provide and in
a manner consistent with any collective bargaining agreements which
have been entered into between Mount Laurel Township and members of
the Police Department or their representatives.[1]
The Township governing body may appoint special
policemen for a term not exceeding one year and may revoke such appointment
without cause or hearing. The special policemen's powers, rights and
duties shall immediately cease at the expiration of the term for which
they were appointed or upon revocation of their appointment. They
may be furnished with a badge upon the deposit of a sum to be fixed
by the Township governing body, which may be refunded upon return
of the badge.
A.
No person shall be appointed as a special policeman
unless he is a citizen of the United States; able to read, write and
speak the English language; physically qualified and of good moral
character; and shall not have been convicted of any crime. No such
special policeman shall carry a revolver or other weapon when off
duty. Every special policeman shall be fingerprinted, and his fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
B.
Every such special policeman shall be under the supervision
and direction of the Chief of Police or officer in charge of the Police
Department.
C.
Every such special policeman shall comply with the
Police Department's rules and regulations promulgated by the governing
body of the municipality for the conduct and decorum of the regular
members of the Police Department.
D.
Before any such appointment is made, the Chief of
Police shall ascertain whether the applicant for the appointment is
eligible and qualified, as provided herein, and a written report shall
be made to the Township governing body.
E.
Said written report shall be made by the Chief of
Police within two weeks of the date the same is requested by the Township
governing body, and said written report shall list the findings of
the Chief of Police in detail. Following the receipt of such written
report, the Township governing body shall determine whether to appoint
said special policeman and, in conjunction therewith, may make an
independent investigation and appraisal of such applicant or proposed
appointee.
The uniforms, equipment and weapons of the Police
Department shall be furnished by the Township of Mount Laurel and
be and remain its property. Such uniforms and equipment and weapons
shall be issued by the Chief of Police, who shall take a receipt from
the member obtaining the property. The members of the Department receiving
uniforms, equipment and weapons shall be held responsible for the
same and, upon leaving the service for any cause, shall turn in to
the Chief of Police all property belonging to the Township. The reasonable
value of any property, including uniforms, equipment and weapons,
not so returned shall be deducted from the amount of salary or wages
due such member. Request for replacement for uniforms, equipment or
weapons shall be made by the members to the Chief of Police.
The Chief of Police shall cause the members
of the Police Department under him to obey the rules and regulations
as prescribed. Members of the Police Department shall, under the direction
of the Chief of Police, cause the public peace to be preserved and
see that all ordinances of the Township are properly enforced.
The conduct of members of the Police Department,
whether on or off duty, and causes for removal, fine, demotion or
suspension and the methods of hearing disciplinary proceedings shall
be as set forth in the rules and regulations adopted pursuant to this
article and pursuant to the Personnel Ordinance of the Township adopted
August 18, 1969,[1] and in conformance with the provisions of N.J.S.A. 40:47-1
et seq.[2]
The appointments of all of the regular members
of the Police Department of the Township of Mount Laurel as heretofore
made are hereby confirmed, and all such regular members of said Police
Department as constituted prior to the adoption of this article are
hereby confirmed in their said appointments and shall, upon the adoption
of this article, hold and retain the rank which they have heretofore
held and enjoyed prior to the adoption of this article.
All members of the Police Department shall work
such hours and schedules as the Chief of Police shall direct.
[Amended 12-17-2001 by Ord. No. 2001-19; 3-10-2014 by Ord. No. 2014-1]
A.
Purpose. The purpose of this section is to set forth guidelines to
govern the employment of Mount Laurel Township police officers for
extra-duty details within the Township of Mount Laurel and which extend
beyond their regular assigned duties and responsibilities.
B.
EMPLOYER
EXTRA-DUTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of Mount Laurel
Township.
Any outside employment when a police officer is not scheduled
for a shift of duty by the Mount Laurel Township Police Department
and that calls for actual or potential use of law enforcement powers
by the police officer.
C.
Extra-duty details permitted under certain conditions. Members of
the Mount Laurel Township Police Department shall be permitted to
accept police-related employment for private employers and other Township
entities 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 Mount Laurel Township Chief
of Police.
D.
Chief of Police approval required. Any person or entity wishing to
employ off-duty police officers for extra-duty work shall first obtain
the approval of the Chief of Police. 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 Mount Laurel
Police Department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work
or be contrary to the best interests of the Township of Mount Laurel.
E.
Minimum time of assignments; cancellation. Assignments shall be a
minimum of two hours. Cancellation of an assignment shall subject
the employer to minimum compensation requirements in accordance with
the current police collective bargaining agreements.
F.
Employer violations and penalties. 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 or imprisonment of
one day, or both, for each day that it employs the police officer.
G.
Compliance with rules. Officers working an extra-duty assignment
shall adhere to all rules, regulations, orders and standard operating
procedures of the Mount Laurel Police Department.
H.
Eligibility. 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 ongoing injury shall not be eligible to engage in extra-duty
employment. Officers who accept or perform extra-duty employment while
on sick or injured leave from their regular duties with the Mount
Laurel Township Police Department shall be subject to discipline.
I.
Wages. Wages earned for outside extra-duty employment by any Mount
Laurel Township police officer shall not be applied toward the pension
benefits of the police officers so employed, nor shall hours worked
for outside employment be considered in any way compensable as overtime
payable by the Township of Mount Laurel.
J.
Defense and indemnification. Each employer of a police officer for
extra duty must defend and indemnify the police officer, the Police
Chief, the Police Department, the Mount Laurel Township Council members,
Mount Laurel Township and any agent, officer or 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 Mount Laurel Township
police officer in performing the extra duty subject to said employer's
agreement with Mount Laurel Township or in connection with or arising
out of that agreement between said employer and the Township of Mount
Laurel or Mount Laurel Township Police Department for such extra-duty
assignment.
K.
Procedure.
(1)
Any person or entity wishing to receive police services which
the Township is not obligated or expected to provide or does not usually
provide as part of its regular plan of police services may arrange
to receive such services within the Township through the Chief of
Police. Such persons should notify the Chief of Police, in writing,
of the specific nature of the services desired at least 15 days before
such services are required, unless exigent circumstances exist. All
requests shall be subject to the availability of personnel as determined
by the Chief of Police. The Chief of Police is responsible for public
safety in Mount Laurel and as such shall administer all activities
pursuant to this section.
(2)
All police services within the Township of Mount Laurel shall
be delivered by officers from the Mount Laurel Police Department.
If the Chief of Police determines that the demand cannot be met by
the Mount Laurel Police Department, he or she may request additional
police officers from outside agencies.
(3)
All requests for extra-duty police services will be finalized
in a written agreement between the Chief of Police and the individual
or entity requesting such services. The agreement shall specify, at
a minimum, the following:
(a)
The scope of services that are to be provided;
(b)
The commencement date of the police services to be provided;
(c)
The hours of authorized operation;
(d)
The number of officers requested and total man-hours needed;
and
(e)
The anticipated date when the need for police services will
be completed.
L.
Payment for extra-duty police services.
(1)
All fees for extra-duty police services will be collected by
the Mount Laurel Police Department, in full, prior to the delivery
of such services. The fee shall consist of a special hourly rate,
agreed upon by the Township and the recognized collective bargaining
unit, to be paid to officers working extra-duty assignments, plus
a reasonable approximation of the administrative cost, overhead and
out-of-pocket expenses to the Township for providing the service.
All payments for such services shall be made payable to Mount Laurel
Township.
(2)
Any person or entity requesting a Mount Laurel Township Police
officer for extra-duty employment shall deposit with the Township
a sum as determined by the Chief of Police based upon a reasonable
estimate of the total costs for such services.
(3)
All funds remaining in the escrow account after the service
is completed and the monies have been disbursed to the officers working
extra-duty employment assignment shall be returned to the person or
entity requesting such extra-duty employment. Persons or entities
anticipating the need for additional extra-duty police services may
leave the balance in the escrow account to put towards their next
use of Mount Laurel police. Funds on deposit will not earn interest.
(4)
Upon completion of each extra-duty work assignment, the Chief
of Police shall cause a summary of the assignment to be forwarded
to the Township Finance Office to facilitate payment. Upon receipt
of proof of extra-duty police services, the Township shall disburse
payment to those officers who worked the extra-duty assignments. Payment
will be based upon the established officer's hourly rate agreed upon
by the Township and the recognized collective bargaining unit. Payment
for extra-duty assignments shall be made to the officers at the next
available pay period.
M.
Exigent circumstances. The Chief of Police maintains broad discretion
to amend, modify or otherwise act without conforming to the letter
of this section if exigent circumstances exist or the public health,
safety or welfare mandates action by the Chief and would not otherwise
allow for timing or deadlines as set forth herein, to be met.[1]
No member of the Police Department of Mount
Laurel Township, no probationary officer of said Department, no temporary
police officer appointed by the Mount Laurel Township governing body
and no special policeman appointed by said governing body shall be
issued a gun of any nature or description, nor shall any of the foregoing
persons carry a gun of any nature or description, unless and until
said person has been fully instructed in its use and until such person
has satisfactorily completed a course in the handling of such gun
and until such person has satisfactorily completed a course in marksmanship
with such gun. No police officer employed by the Township of Mount
Laurel shall be issued a weapon of any nature or description until
such time as that police officer meets the minimum standards of proficiency
as required and outlined by the Office of the Attorney General of
the State of New Jersey.
[Adopted 7-27-2015 by Ord. No. 2015-10]
The position of Police Chaplain for the Mount Laurel Police
Department is hereby created in accordance with N.J.S.A. 40A:14-141.
The position will be a volunteer position. The position of Chaplain
shall be under the Chief of Police.
Any person appointed as Chaplain shall be an ordained clergyman
in good standing in the religious body from which he/she is selected.
The Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the policies of the Mount
Laurel Police Department and shall be qualified in accordance with
N.J.S.A. 40A:14-141.
The duties of Police Chaplain shall include, but not be limited
to, assisting the Mount Laurel Police Department in death notifications,
station house adjustments, and any other duties that may be assigned
by the Chief of Police.
Any person appointed as Chaplain shall serve in that capacity
without rank or salary.
A person appointed as Chaplain shall serve for a period of one
year from date of appointment and shall continue to serve in that
capacity until he/she is either terminated or reappointed with the
recommendation of the Chief of Police.
The Chief of Police may recommend to the Township Manager persons
that he/she believes meet the qualifications of N.J.S.A. 40A:14-141
as well as the policies of the Police Department with reference to
Chaplains, if any. All applicants for the position of Chaplain shall
be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain
liaison to determine his/her qualifications in accordance with this
article and shall make recommendations to the Township Manager regarding
the appointment as Chaplain. The Township Manager shall appoint Chaplains
in accordance with this article with the advice and consent of Township
Council.
