[Adopted 3-29-76 by Ord. No. 1976-7]
[Amended 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14; 9-5-78 by Ord. No. 1978-33; 8-4-03
by Ord. No. 2003-24]
There is hereby created a Police Department for the Township
of Barnegat, which shall consist of the Chief of Police, whose office
is hereby created, and such other subordinate officers for which the
governing body of Barnegat Township may from time to time provide.
[Amended 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14; 3-3-80 by Ord. No. 1980-5]
A. All appointments and promotions to and within the Barnegat Township
Police Department shall be made in accordance with the Rules, Regulations
and Procedures of said Department approved and adopted by the Township
Committee. All promotions and appointments shall be made by the Township
Committee upon the recommendation of the Chief of Police based upon
the criteria in the Rules, Regulations and Procedures of the Barnegat
Township Police Department. Should the Township Committee choose to
appoint or promote an officer without the recommendation from the
Chief of Police, said promotion shall require the unanimous vote of
the members of the Township Committee, and the resolution of the promotion
is to include specific reasons for the Committee's decision to promote
without the benefit of a recommendation from the Chief of Police.
B. Notwithstanding the provisions of Subsection
A above, no person shall be given or accept a permanent appointment as a police officer in the township unless he has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State New Jersey pursuant to the provisions of N.J.S.A. 52:17B-66 et seq.
C. Patrolmen, when appointed to the Department, shall be probationary
for a minimum of one year. Said appointment may be terminated, extended
or made permanent as provided for in the Rules, Regulations and Procedures
of the Barnegat Township Police Department.
D. All promotions within the Department shall be probationary for a
period of six months. At the end of said probationary period, the
appointment shall be made permanent, the officer shall revert to his
former rank or the Chief of Police may extend the probationary period
for an additional six months.
E. No promotion shall be effective unless proper budget allocations
exist in the present year's budget to fund such promotional status.
F. The Township Committee may appoint such special officers as it deems
appropriate pursuant to N.J.S.A. 40A:146.10 et seq.
[Added 3-18-02 by Ord. No. 2002-06]
G. Special Law Enforcement Officers Class III.
[Added 9-5-2017 by Ord. No. 2017-21]
(1) The Township of Barnegat 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. No special law enforcement officers
shall be appointed to any term exceeding one year.
(a)
No special law enforcement officer, by virtue of his/her appointment
as such, shall be or become a regular member of the Police Department.
(b)
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).
(c)
Every special law enforcement officer, while on duty, shall
abide by all the rules and regulations of the Police Department and
those policies, general order or standard operating procedures established
by the Chief of Police.
(2) Qualifications.
No person shall be appointed as a special law enforcement officer
unless the person:
(a)
Is a resident of the State of New Jersey during his/her term
of appointment.
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent.
(c)
Is of sound body and of good health.
(d)
Is of good moral character.
(e)
Has not been convicted of any offense involving dishonesty or
that which would make him/her unfit to serve as a special police officer.
(3) Duties; classification of special law enforcement officers.
There shall be the following class of special police officers
pursuant to law:
(a)
Class 3. 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 on the school premises during hours when the public
or nonpublic school is normally in session or when it is occupied
by public or nonpublic school students or its teachers.
[Amended 8-22-77 by Ord. No. 1977-25; 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14;
9-5-78 by Ord. No. 1978-33; 10-2-78
by Ord. No. 1978-37; 12-29-78 by Ord. No. 1978-47; 3-3-80 by Ord. No. 1980-5; repealed 11-1-99 by Ord. No. 1999-31]
[Amended 5-22-78 by Ord. No. 1978-13; 3-30-80 by Ord. No. 1980-5; 11-1-99 by Ord. No. 1999-31]
A. Appropriate authority. The Township Committee is hereby designated
as the appropriate authority pursuant to N.J.S.A. 40A:14-118. In the
event the appropriate authority is required to conduct disciplinary
hearings in accordance with the rules and regulations for the governance
of the Police Department as promulgated by the appropriate authority,
then, the appropriate authority is hereby authorized to designate
and appoint a hearing officer who shall conduct a hearing, prepare
a record and make findings of fact, conclusions and a recommendation
to the appropriate authority for final decision.
B. Chain of command. The Chief of Police shall supervise the Police
Department in accordance with the terms of N.J.S.A. 40A:14-118. The
Chief of Police shall report to the appropriate authority at such
times and in such manner as specified by the appropriate authority.
[Amended 3-3-80 by Ord. No. 1980-5; 11-1-99 by Ord. No. 1991-31]
It shall be the duty of the Police Department to maintain law
and order, protect public and private property, prevent insurrection
or riot, enforce the laws of the United States, State of New Jersey,
and all ordinances, codes and laws of the Township of Barnegat, to
apprehend and appear in the prosecution of violators of such laws,
to obey the provisions of this chapter, and the rules and regulations
established by the appropriate authority and to present to the Township
through the appropriate authority recommendations tending to promote
the health, safety and general welfare of the township. To this end
the department shall be particularly vigilant in:
A. Determining causes of violations of law.
B. Preventing violations of law.
C. Apprehending and prosecuting offenders.
D. Recovering property wrongfully taken.
E. Securing the peace and safety of the inhabitants of the township.
F. Promoting traffic safety.
G. Carrying out regulatory activity as may be especially assigned to
the department from time to time.
H. Conducting an effective internal management to achieve the above
objectives.
[Amended 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14; repealed 11-1-99 by Ord. No. 1999-31]
[Amended 3-3-80 by Ord. No. 1980-5; repealed 11-1-99 by Ord. No. 1999-31]
[Amended 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14; 11-1-99 by Ord. No. 1999-31]
[Amended 5-22-78 by Ord. No. 1978-14; 3-3-80 by Ord. No. 1980-5; 8-6-84 by Ord. No. 1984-20; 5-20-96
by Ord. No. 1996-19; 11-1-99 by Ord. No. 1999-31; 5-15-00 by Ord. No. 2000-18; 5-3-04 by Ord.
No. 2004-16; 10-18-04 by Ord. No.
2004-49; 7-20-15 by Ord. No. 2015-05; 4-5-16 by Ord. No. 2016-07; 5-2-2017 by Ord. No. 2017-16; 9-4-2018 by Ord. No. 2018-27; 5-3-2022 by Ord. No. 2022-9; 6-8-2023 by Ord. No. 2023-18; 7-6-2023 by Ord. No. 2023-24]
There is hereby adopted Rules and Regulations pertaining to
personnel and procedures of the Barnegat Township Police Department.
The revised Rules and Regulations are on file in the Office of the
Township Clerk and in the Office of the Police Department. Said Rules
and Regulations shall be kept on file in the Office of the Township
Clerk and shall be available for inspection by all members of the
public during normal business hours.
[Added 6-20-80 by Ord. No. 1980-20; amended 3-1-04 by Ord. No. 2004-06; 5-3-04 by Ord. No. 2004-26; 2-7-11 by Ord. No. 2011-2; 9-6-11
by Ord. No. 2011-16]
There is hereby adopted Rules and Regulations pertaining to
the civilian personnel of the Barnegat Township Police Department.
The revised Rules and Regulations are dated July, 2011. Said Rules
and Regulations shall be kept on file in the office of the Township
Clerk and shall be available for inspection by all members of the
general public during regular business hours.
[Amended 3-15-93 by Ord. No. 1993-7; repealed 11-1-99 by Ord. No. 1999-31]
[Added 10-6-86 by Ord. No. 1986-3; amended 3-15-93 by Ord. No. 1993-7]
[Added 3-15-93 by Ord. No. 1993-7]
A. Every special law enforcement officer shall carry identification
as provided by the Chief of Police in accordance with the requirements
of law.
[Added 3-15-93 by Ord. No. 1993-7; repealed 11-1-99 by Ord. No. 1999-31]
[Added 3-15-93 by Ord. No. 1993-7]
(Reserved)
[Amended 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14]
The Mayor, with the consent of the Township Committee, may appoint
a police matron, who shall perform such duties as may be assigned
to her by the Chief of Police.
[Amended 3-3-80 by Ord. No. 1980-5]
The Chief of Police and the other members of the Department
shall serve for such terms as may be provided by law and may be removed
in the manner provided for the removal of police officers in the New
Jersey statutes and the Rules, Regulations and Procedures of the Barnegat
Township Police Department.
[Added 4-5-16 by Ord. No. 2016-04]
[Added 4-5-16 by Ord. No. 2016-04]
The position of Chief's Administrative Assistant Confidential
Aide is hereby established within the Barnegat Township Police Department
who shall serve as a confidential aide to, and report directly to,
the Chief of Police of the Township of Barnegat, who shall serve at
the pleasure of the Township Committee of the Township of Barnegat
and whose employment shall be at will. The position of Chief's Administrative
Assistant Confidential Aide is civilian in character, and the person
appointed to the position of Chief's Administrative Assistant Confidential
Aide is not vested with the authority to perform any of the duties
of a police officer.
[Added 4-5-16 by Ord. No. 2016-04]
The duties of the Chief's Administrative Assistant Confidential
Aide in the Barnegat Township Police Department shall be as follows:
A. Under close supervision of the Chief of Police, performs administrative
assignments of complex and confidential nature:
(1)
Performs non-law enforcement duties;
(2)
Assists the Chief of Police in performing clerical and certain
routine field duties;
(3)
Maintains files of criminal records;
(4)
Assists in classifying indictable offenses, and compiling pertinent
statistical reports;
(5)
Distributes material on crime prevention and reporting;
(6)
Gathers records data concerning accidents and other investigations;
(7)
Schedules appointments and acts as liaison between Department
personnel and callers;
(8)
Receives visitors to the Department and the Chief's office;
(9)
Responds to general information requests;
(10)
Assists officer in charge of property room in duties relative
to security of physical evidence and lost and found items;
(11)
Maintains a wide variety of required police records as directed;
(12)
Assists in surveys, research projects and public service functions;
(13)
Receives complaints from local community residents and refers
them to appropriate municipal agencies;
(14)
Notifies police personnel of conditions that may warrant their
attention;
(15)
Prepares reports as required in the performance of assigned
duties;
(16)
Delivers, receives, sorts, distributes and prepares a volume
of mail;
(17)
Performs varied clerical work involving the processing of documents
in a variety of functions;
(18)
Organizes assigned work and develops effective work methods;
(19)
Operates mail processing machines and various types of office
equipment such as keyboard equipment, calculators, computer printers,
sorter, photo-copier, fax machine, stamping machine, labeling machine,
etc.;
(20)
May perform simple maintenance tasks such as adding toner, paper
or changing ribbons;
(21)
Stores and distributes office supplies;
(22)
Serves as in-house Information Technology (IT) and Computer
Science resource, including attending to installation, monitoring
and maintenance of hardware, software and networks whenever possible;
(23)
Does related work as required.
[Added 4-5-16 by Ord. No. 2016-04]
The qualifications of the Chief's Administrative Assistant Confidential
Aide in the Barnegat Township Police Department shall be, at the minimum,
as follows:
A. Good communication skills;
B. Ability to understand and follow complex, oral and written directions;
C. Ability to keep records and make reports;
D. Thorough knowledge of Township policy and procedures;
E. Ability to meet approved minimum physical and medical standards;
F. Strong Computer Science and Information Technology (IT) Background.
[Added 4-5-16 by Ord. No. 2016-04]
The educational requirements of the Service Aid in the Barnegat
Township Police Department shall be, at the minimum, as follows:
A. High school diploma or GED.
A. Each member of the Police Department shall be a citizen of the United
States and a resident of the State of New Jersey. Each applicant must
submit to a physical examination by a doctor selected by the Township
Committee and an examination by a certified psychiatrist selected
by the Township Committee. Each applicant must be a high school graduate.
Each applicant shall be fingerprinted and his fingerprints shall be
filed with the Division of State Police and the Federal Bureau of
Investigation. No applicant having a criminal record shall be accepted.
[Amended 11-1-99 by Ord. No. 1999-31]
B. No person shall be appointed an officer or a member of the Police
Department who is under 18 years of age or over 35 years of age. This
section shall not apply to any person who was a member of the Police
Department of Barnegat Township prior to the passage of this ordinance.
C. Any newly appointed member of the Police Department shall have attended
a recognized police training school, either the New Jersey State Police
Training Academy or any other state-approved police training school
and shall pass the examination and graduate therefrom before receiving
permanent appointment. Barnegat Township shall pay the school costs
and the salary of any appointee who has not graduated from such school
prior to receiving his initial appointment to the Barnegat Township
Police Department.
D. Director of Public Safety.
[Added 5-22-78 by Ord. No. 1978-13; amended 5-22-78 by Ord. No. 1978-14, repealed 3-3-80 by Ord. No. 1980-5]
[Amended 3-3-80 by Ord. No. 1980-5; repealed 11-1-99 by Ord. No. 1999-31]
[Repealed 11-1-99 by Ord. No. 1999-31]
[Added 9-2-2003 by Ord.
No. 2003-29; amended 12-1-2003 by Ord. No. 2003-43; 10-1-2019 by Ord. No. 2019-12; 5-3-2022 by Ord. No. 2022-7; 5-2-2023 by Ord. No. 2023-16]
A. Any person or entity deciding to retain the services of police officers
of the Township of Barnegat for outside work police-related activities
shall be required to enter into a contract with the Township of Barnegat.
Said contract shall include, but not be limited to, the nature of
duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services of the officers,
administrative fees to the Township of Barnegat and fees for the use
of Township-owned equipment. A written request to the Chief of Police
for outside work officer(s) must be submitted five working days prior
to the start of work. The Chief of Police is hereby empowered to execute
a contract for outside work police-related activities on behalf of
the Township in accordance with this article.
B. The Chief of Police or his designee shall be responsible for the
assignment of all outside work police-related activities. The Chief
of Police or his designee shall determine the number of outside work
officers needed for each assignment.
C. All persons or entities shall be required to make payments for outside
work assignments payable to the Township of Barnegat, or the Township’s
contractually assigned outside work police administrator. All persons
or entities shall be required to make payment within the same pay
period. The outside work police office rate shall be as established
in the Collective Bargaining Agreement between the applicable police
union and the Township in place at the time the outside work request
is made. All payments and fees required under the applicable Collective
Bargaining Agreement shall be paid by the person or entity requesting
the outside work assignment. All persons or entities required to make
payments under this section shall also be required to pay to the Township
of Barnegat twenty-five dollars ($25.00) per hour administrative fee
and any fees necessary for the use of Township owned equipment and
vehicles. Any person or entity required to make payments under this
section shall also be charged any and all fees or rates charged for
the Township’s contractually retained outside police work administrator
for its services for the scheduling and coordination of any outside
police work.
[Amended 5-3-2022 by Ord. No. 2022-7; 5-2-2023 by Ord. No. 2023-16]
D. The Chief Financial Officer of the Township shall establish an escrow
account through a dedication by rider for the purpose of collecting
and distributing funds from entities other than the Township which
utilize the services of Barnegat Township police officers during the
outside work hours. All recordkeeping with respect to the amount to
be billed and collected will be the responsibility of the Chief of
Police, or his designee, which may be a contracted outside work police
administrator.
E. Each person or entity who shall employ outside work police officers
pursuant to this section shall be responsible for maintaining their
own insurance coverage. Said insurance coverage shall include, but
not be limited to, general liability and automobile liability and
shall name the Township of Barnegat as an additional insured. In addition,
such policy shall provide for a minimum coverage of $1,000,000 for
any one claim or $2,000,000 for any aggregate claims. Proof of said
insurance coverage shall be provided to the Township of Barnegat prior
to the assignment of any outside work police officers to said person
or entity. The person or entity shall provide for the aforementioned
for any and all officers, vehicles and/or equipment that is utilized
by the outside work assignment. The Township Committee may reduce
the amount of insurance for a nonprofit corporation, provided that
such reduction does not adversely affect the Township's insurance
coverage through the Ocean County Joint Insurance Fund ("JIF").
F. The Chief of Police or his designee shall have the authority to order
any police officer engaged in outside work assignments within the
Township of Barnegat to respond to an emergency situation within the
Township of Barnegat. The Chief of Police or his designee shall also
have the right to order any outside work assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the outside work officer and/or citizens of
the Township. In the event that a police officer is assigned to an
emergency situation, the Police Chief or designee shall make notice
of that emergency situation, and said person or entity shall not be
responsible for the payment of the officer's hourly rate, administrative
fee or any other fees to the Township until such time as said police
officer and/or equipment returns to the assignment with the outside
work employer.
G. Any person or entity requesting the services of outside work police
officers shall execute an agreement to indemnify and hold harmless
the Township of Barnegat for any and all claims and damages which
may arise from the outside work police officer's employment by said
person or entity.
[Amended 5-22-78 by Ord. No. 1978-13; repealed 11-1-99 by Ord. No. 1999-31]
[Amended 12-13-76 by Ord. No. 1976-34; 5-22-78 by Ord. No. 1978-13; 5-22-78 by Ord. No. 1978-14;
repealed 11-1-99 by Ord. No. 1999-31]
[Repealed 11-1-99 by Ord. No. 1999-31]
[Amended 9-5-78 by Ord. No. 1978-33; repealed 11-1-99 by Ord. No. 1999-31]