[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 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; 3-5-2024 by Ord. No. 2024-3; 4-1-2025 by Ord. No. 2025-13]
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.
[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.
[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]
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.
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]
[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.
[1]
Editor's Note: Former § 15-18, Suspension of Department members, amended 8-22-77 by Ord. No. 1977-25, was repealed 3-3-80 by Ord. No. 1980-5.
[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]