[HISTORY: Adopted by the Township Council of the Township of Maple Shade as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1998 by Ord. No. 1998-17]
The Township Council of the Township of Maple Shade as the governing body of the municipality hereby adopts a personnel policy, containing rules, regulations, policy and guidelines affecting the performance, duties, responsibilities and obligations of the law enforcement officers and civilian employees of the Maple Shade Township Police Department.
The personnel policy, which is also known as the "Maple Shade Police Department Rules and Regulations," is hereby incorporated by reference; a copy of same is on file with the Township Clerk for public inspection during regular business hours.
Editor's Note: A copy of the Maple Shade Police Department Rules and Regulations is included as an attachment to this chapter.
The governing body hereby directs that the personnel policy may be amended by the governing body by resolution without the need for formal ordinance procedures.
In the event that the personnel policy adopted herein conflicts with any federal or state law, rule or regulation then the federal or state law, rule or regulation shall supersede local policy to the extent of any such inconsistencies.
[Added 11-12-2015 by Ord. No. 2015-19]
Purpose. The purpose of this section is to set forth guidelines to govern the employment of Maple Shade Township police officers for extra-duty details within the Township of Maple Shade and which extend beyond their regular assigned duties and responsibilities.
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 Maple Shade Township.
- EXTRA DUTY
- Any outside employment when a police officer is not scheduled for a shift of duty by the Maple Shade Township Police Department and that calls for actual or potential use of law enforcement powers by the police officer.
Extra-duty details permitted under certain conditions. Members of the Maple Shade 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 Maple Shade Township Chief of Police.
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 or his or her designee. Application shall be made to the Police Department, in writing, identifying the specific nature of the services desired at least five business days before such services are required, unless exigent circumstances exist. Approval shall be granted if, in the opinion of the Chief or his or her designee, such employment would not be inconsistent with the efficient functioning and good reputation of the Maple Shade 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 Maple Shade. The Chief of Police is responsible for public safety in Maple Shade and as such shall administer all activities pursuant to this section.
Minimum time of assignments; cancellation.
All assignments shall be a minimum of four hours.
Cancellation of an assignment must be made with no less than two hours' notice. Notice of cancellation received less than two hours prior to the assignment start time shall subject the employer to minimum compensation of two hours pay for each scheduled officer.
Employer violations and penalties. Any employer who employs a police officer for extra duty without first having complied with the requirements set forth herein shall be subject to a fine of $500 or imprisonment of one day, or both, for each day that it employs the police officer.
Compliance with rules. Officers working an extra-duty assignment shall adhere to all rules, regulations, orders and standard operating procedures of the Maple Shade Police Department.
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 Maple Shade Township Police Department shall be subject to discipline.
Wages. Wages earned for outside extra-duty employment by any Maple Shade 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 Maple Shade.
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 Maple Shade Township Council members, Maple Shade 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 attorneys' fees, without regard to fault, in connection with or arising out of any acts or omissions by the Maple Shade Township police officer in performing the extra duty subject to said employer's agreement with Maple Shade Township or in connection with or arising out of that agreement between said employer and the Township of Maple Shade or Maple Shade Township Police Department for such extra-duty assignment.
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 Police Department. Such persons should notify the Chief of Police or his or her designee, in writing, of the specific nature of the services desired at least five 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 Maple Shade and as such shall administer all activities pursuant to this section.
All police services within the Township of Maple Shade shall be delivered by officers from the Maple Shade Police Department. If the Chief of Police determines that the demand cannot be met by the Maple Shade Police Department, he or she may request additional police officers from outside agencies.
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:
The scope of services to be provided, including a properly prepared and completed work zone safety plan in compliance with MUTCD and Township work zone regulations.
The commencement date of the police services to be provided;
The hours of authorized operation;
The number of officers requested and total man-hours needed; and
The anticipated date when the need for police services will be completed.
Payment for extra-duty police services.
All fees for extra-duty police services will be collected by the Maple Shade Finance Office in full, prior to the delivery of such services. The fees shall be based on an extra-duty rate rate of $100 per hour per officer, plus a reasonable approximation of the administrative cost, overhead and out-of-pocket expenses of the Township for providing the service. All payments for such services shall be made payable to Maple Shade Township.
[Amended 6-27-2019 by Ord. No. 2019-15]
Any person or entity requesting a Maple Shade 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.
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 Maple Shade police. Funds on deposit will not earn interest.
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 Finance Department 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 during the next available pay period.
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.
[Adopted 5-9-2019 by Ord. No. 2019-06]
The Township of Maple Shade authorizes the use of special law enforcement officers to assist the regular police department in the performance of its duties and responsibilities subject to the eligibility criteria and limitations set forth in the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq., and further subject to the Maple Shade Police Department Rules and Regulations incorporated herein by reference pursuant to § 36-2. No special law enforcement officers shall be appointed to any term exceeding one year.
"Special law enforcement officer (SLEO)" shall mean any person appointed annually by the governing body pursuant to N.J.S.A. 40A:14-146.8 et seq., to temporarily or intermittently perform duties similar to those performed regularly by members of a municipal police department, or to provide assistance to a police department during unusual or emergency circumstances, and to provide security in a school system within Maple Shade. Nothing herein shall be construed to require reappointment at the expiration of the term.
No special law enforcement officer, by virtue of his/her appointment as such, shall be or become a regular member of the Police Department.
Special law enforcement officers are considered at-will part-time employees and can be terminated 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 (N.J.S.A. 40A:14-146.14).
The number of SLEO Class II officers employed by the Maple Shade Police Department shall not exceed 25% of the total number of regular police officers pursuant to N.J.S.A. 40A:14-146.7
Every special law enforcement officer, while on duty, shall abide by the Police Department Rules and Regulations and those policies, general order or standard operating procedures established by the Chief of Police.
No person shall be appointed as a special law enforcement officer unless the person meets the criteria of N.J.S.A. 40A:14-146.10, including but not limited to the provision that the person:
Is legally permitted to work in the United States.
Is a resident of the State of New Jersey during the term of appointment.
Is at least 18 years of age.
Shall possess and maintain a valid New Jersey driver's license.
Shall be able to read, write and speak the English language well and intelligently and have a high school diploma or its equivalent.
Shall be sound in body and of good health and be able to perform the physical functions of the duties assigned.
Shall be of good moral character and shall not have been convicted of any crime or offense involving moral turpitude (dishonesty) or a crime or offense that would render him/her unfit for duty.
Shall successfully undergo the same psychological testing that is required of full-time police officers.
Additionally, SLEO III personnel:
Must be retired law enforcement officers who are less than 65 years of age. For the purposes of this subsection, 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;
Must have served as a duly qualified, fully trained, full-time officer in any municipality or county of this state or as a member of the New Jersey State Police and was separated from that prior service in good standing, within three years of appointment. "Good standing" means to exclude a retirement resulting from injury or incapacity.
Must be physically capable of performing the functions of the position, determined in accordance with PTC guidelines.
Must possess a valid New Jersey PTC basic police officer certification or New Jersey State Police Academy certification.
Must be hired only in a part-time capacity.
SLEO Class II (SLEO II) are authorized to perform all duties of regular full-time police officers subject to the authorization of the Chief of Police.
SLEO II are authorized to carry firearms and must qualify and demonstrate proficiency with the same frequency as regular police officers.
SLEO II are authorized to carry designated mechanical and enhanced mechanical force weapons while on duty and must qualify and demonstrate proficiency with the same frequency as regular police officers.
SLEO II are authorized to utilize handcuffs and other restraining devices consistent with this department's policies and only after demonstrating proficiency in the use of these devices.
SLEO II have the power of arrest and the authority to issue summonses and uniform traffic tickets the same as regular full-time police officers. SLEO II can enforce crimes, disorderly person offenses, petty disorderly person offenses and Township ordinances.
SLEO Class III (SLEO III) 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 premises while occupied by the public or nonpublic school students and/or its staff.
SLEO III personnel are authorized to carry a handgun and must qualify and demonstrate proficiency with the handgun and any other authorized firearms with the same frequency as regular police officer but must first comply with the requirements of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
SLEO III are authorized to carry designated mechanical and enhanced mechanical force weapons while on duty and must qualify and demonstrate proficiency with the same frequency as regular police officers.
SLEO III are authorized to utilize handcuffs and other restraining devices consistent with this department's policies and only after demonstrating proficiency in the use of these devices.
SLEO III personnel are not eligible for health care benefits or enrollment in any state-administered retirement system.
Specific SLEO III duties are contained within the Police Department Rules and Regulations.
The Township Manager, subject to approval by resolution of the Township Council, shall make appointments upon recommendation by the Chief of Police or his/her designee. The Chief of Police or his/her designee shall certify the eligibility and qualifications of all applicants, in writing, to the Township Manager prior to appointment.