Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 19, 109 and 122.
[Ord. No. 709 § I]
There shall be a Department of Public Works in the Borough of
Peapack and Gladstone, which shall have jurisdiction over activities
relating to public works, streets, public lands and buildings, parks,
collection and disposal of solid waste and sanitary and storm sewers.
[Ord. No. 709 § II]
Within the Department of Public Works there shall be an Office
of the Superintendent and other subordinate positions as may be established
by the Borough Council. The Superintendent shall be appointed by the
Governing Body. His or her term shall be for a period of one (1) year
and shall expire on December 31 of every year, and any vacancy during
the term shall be filled for the unexpired term only.
a.
Qualifications. The Superintendent of the Department of Public Works
shall be a person qualified by education, training and experience
to perform the duties of office as hereinafter set forth. No person
having less than ten (10) years of direct experience in the field
on municipal public works, including at least three (3) years of direct
supervisory experience in the same field or the equivalent, shall
be eligible to hold this office. He or she shall devote full-time
to the duties of the office and not engage in any other employment.
b.
Responsibilities. The Superintendent of the Department of Public
Works shall plan, direct and control the activities of the Department.
He or she shall be operationally responsible to the Borough Administrator.
c.
The Superintendent of Public Works shall be a certified public works
manager and shall be the principal public works manager for the Borough.
In this capacity, he or she shall advise Borough elected officials
and employees in proper compliance and administration of the various
laws, regulations, technical practices, operations and management
techniques with regard to public works activities conducted by the
Borough.
[Ord. No. 709 § III]
The duties of the Superintendent of the Department of Public
Works/Public Works Manager shall include but not be limited to:
a.
Ensure appropriate manpower utilization within authorized organizational
and budgetary guidelines for all public works, solid waste and sanitary
sewer operations.
b.
Provide services incumbent upon the Department in a timely and efficient
manner, consistent with budgetary limitations.
c.
Supervise the operation, maintenance and repair of any Borough-owned
equipment and properties.
d.
Keep an inventory control and submit requisitions for all materials
and supplies required by the Department.
e.
Supervise the performance of the work of all personnel assigned to
his or her jurisdiction.
f.
Recommend to the Borough Administrator the need for any repairs and
replacements to Borough-owned equipment, structures, buildings and
grounds.
g.
Submit to the governing body a monthly report of all work performed
and services furnished as well as inspections made during the previous
month and attend Council meetings upon request.
h.
Submit to the Borough Administrator recommendations for budget appropriations
for the ensuing year as well as those programs or reports to the Council
or the Administrator deemed necessary to promote and increase efficiency
or improve operations of the Department.
i.
Recommend to the Borough Administrator for approval the expenditure
of all funds by voucher chargeable against the budget of the Department
of Public Works.
j.
Coordinate the inspection of all sewer lines in the Borough.
k.
Receive all complaints from residents and taxpayers of the Borough
relating to the operations under his or her jurisdiction, investigate
the same, take appropriate action and report all results to the Borough
Administrator.
l.
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his or her office and turn over all the records to his or
her successor or the Borough Administrator upon termination of employment
by the Borough.
m.
Develop and promote training programs for all employees within the
Department and recommend personnel for promotion and/or dismissal
to the governing body, as the case may be.
n.
Handle the scheduling of work assignments and programs within the
Department.
o.
Establish and maintain working relationships with other Borough employees
and the general public.
[Ord. No. 709 § IV]
The Department of Public Works shall provide service relating
to the construction and maintenance of streets, storm drainage and
sewer systems, parks and recreational facilities and public buildings.
In addition, the Department shall oversee the solid waste collection
and disposal function in accordance with the rules and regulations
as set forth hereinafter.
[Ord. No. 709 § V]
The Council shall, by resolution, make such rules and regulations
necessary for the proper operation of the Department of Public Works.
The rules and regulations shall be binding upon each member of the
Department.
[Ord. No. 709 § VI]
The salary of the Superintendent of Public Works/Principal Public
Works Manager shall be as may hereafter be provided in the Borough
of Peapack and Gladstone Salary Ordinance adopted and amended from
time to time.
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 603 and 702.
[Ord. No. 795 § 2-31.1; Ord. No. 1014-2015; 12-20-2022 by Ord. No. 1119-2022]
The Police Department of the Borough of Peapack & Gladstone,
as heretofore established, is hereby continued as an executive and
enforcement function of the Borough. The Police Department shall be
under the day-to-day supervision and control of a Director of Public
Safety if such position is filled or a Chief of Police. The Department
shall consist of a Chief of Police, one (1) Lieutenant, up to two
(2) sergeants, up to two (2) Corporals, and up to eight (8) patrol
officers. Patrol officers may be assigned as regular patrolmen or
detectives at the discretion of the Chief of Police. The Mayor and
the Borough Council reserve the right to fill any and all available
positions created by this section or to leave any and all positions
vacant.
[Ord. No. 795 § 2-31.2; Ord. No. 1014-2015]
a.
Pursuant to N.J.S.A. 40A:14-118, the Mayor and the Borough Council
is hereby established as the "Appropriate Authority," having such
power and duties as set forth in such Statute and in accordance with
general law.
b.
There is also established a Police Committee which shall consist
of up to three (3) members of the Governing Body. The Police Committee
shall act as liaison between the Mayor and Council and the Borough
Administrator and Police Chief. The Police Committee shall be responsible
for making recommendations to the Mayor and Council of overall policy
for the police function, negotiating with the recognized bargaining
unit for the officers and for selecting and recommending to the Mayor
and Council for Council's approval, hearing officers, special legal
counsel, and appointments and promotions of officers.
[Ord. No. 795 § 2-31.3; Ord. No. 1014-2015]
The members of the Police Department shall be appointed by the
Appropriate Authority, according to law, and shall be responsible
for the proper enforcement of the ordinances of the Borough and the
laws of the State of New Jersey and the United States and shall receive
such salaries as may from time-to-time be provided.
[Ord. No. 795 § 2-31.4; Ord. No. 1014-2015]
The members of the Police Department of the Borough of Peapack
and Gladstone, as presently constituted, are hereby continued in their
respective offices or positions at the salaries heretofore established
and nothing contained in this section shall be construed as affecting
the status, rank, tenure or any rights heretofore acquired by any
member of the existing Police Department.
[Ord. No. 795 § 2-31.5; Ord. No. 1014-2015]
The Chief of Police, if such position is filled, shall be the
head of the Police Department and shall be responsible to the Appropriate
Authority for the efficiency and routine day-to-day operations thereof.
Subject to such rules and regulations as are established by the Appropriate
Authority according to law, and consistent with the policies of the
Appropriate Authority, including those established in this ordinance,
the Chief shall:
a.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
b.
Have, exercise and discharge the functions, powers and duties of
the force.
c.
Prescribe the duties and assignments of all subordinates and other
personnel.
d.
Supervise subordinate officers through mentoring, training, guidance
and counsel to improve the skills and performance of subordinate officers,
e.
Delegate such of his or her authority as he or she may deem necessary
for the efficient operation of the force to be exercised under his
or her direction and supervision.
f.
Coordinate the administrative function of the force with the Borough
Administrator and provide information necessary to adequately advise
the Borough Administrator and the Appropriate Authority with respect
to long range planning, staffing, continuing education, budgeting,
equipment and press reporting.
g.
Recommend such policies, procedures and manuals as deemed appropriate.
h.
Report at least monthly to the Appropriate Authority through the
Borough Administrator in such forms as shall be required regarding
the administrative and business functions and operations of the Department.
i.
Provide monthly schedule of activities for the Chief and other officers.
j.
Perform such other duties and functions as are set forth in the resolution
adopting the Police Department Rules and Regulations, as the same
are from time-to-time amended.
[Ord. No. 795 § 2-31.6; Ord. No. 1014-2015]
If the office of Chief of Police is not filled, the Appropriate Authority, according to law, may employ and appoint a Director of Public Safety to act as the administrative supervisor of the Police Department. Any such Director shall serve without tenure at the pleasure of the Appropriate Authority and discharge such duties to oversee and operate the Police Department as may be assigned, including such of the duties and responsibilities set forth in subsection 2-31.5 paragraphs a through j above as are appropriate to his or her position. The Director of Public Safety shall not be a uniformed member of the Police Department of the Borough of Peapack and Gladstone.
[Ord. No. 795 § 2-31.7; Ord. No. 1014-2015]
As the Appropriate Authority of the Police Department, the Mayor
and the Borough Council, by resolution, shall establish and may amend
rules and regulations for the governance, maintenance and regulation
of the Police Department and for the discipline of its members. The
rules and regulations existing on the effective date of this section,
as represented by Resolution 80-88, adopted September 13, 1988, shall
continue in effect until amended or replaced by resolution passed
pursuant to this section; provided, however, that wherever such regulations
conflict with this section, the terms of this section shall be controlling.
[Ord. No. 795 § 2-31.8; Ord. No. 1014-2015]
Except as may be otherwise provided by law, no person shall
be appointed as a member of the Peapack & Gladstone Police Department,
unless that person:
a.
Is a citizen of the United Sates and a resident of the State of New
Jersey.
b.
Is sound of body and of good health, sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey,
or the Public Employees' Retirement System, whichever is appropriate,
as to eligibility for membership in the retirement system.
c.
Is able to read, write and speak the English language well and intelligently.
d.
Is of good moral character and has not been convicted of any criminal
offense involving moral turpitude.
e.
Is at least twenty-one (21) but less than thirty-five (35) years
of age, except as otherwise provided by N.J.S.A. 40A:14-127.1, or
other applicable law.
f.
Submits to and satisfies such additional requirements as are hereinafter
set forth for initial appointment to the force.
[Ord. No. 795 § 2-31.9; Ord. No. 1014-2015]
Each Police Officer hereafter appointed to the Department shall
first serve a probationary period of twelve (12) months from the date
of his or her appointment. During this probationary period, he or
she shall be known as an Acting Police Officer and his or her employment
shall be subject to termination with or without cause, at any time.
The Chief shall make a written report to the Appropriate Authority,
with a copy to the officer, after three (3), six (6) and nine (9)
months of evaluating the Officer's performance and making recommendations
for improvement if necessary. The Officer may be dismissed at any
time after the second review if not adequately performing up to Department
standards. At the conclusion of the probationary period, and providing
the Acting Police Officer has successfully completed an approved police
training course pursuant to N.J.S.A. 52:178-66, et seq., the appointment
as a Police Officer shall become permanent upon the recommendation
of the Chief of Police and the Police Committee and approval by the
Appropriate Authority.
[Ord. No. 795 § 2-31.10; Ord. No. 1014-2015]
Except as otherwise provided by law, the employment of the permanent
members and officers of the Police Department shall be indeterminate
and continuous during good behavior and efficiency.
[Ord. No. 795 § 2-31.11; Ord. No. 1014-2015]
The Appropriate Authority, if necessary for reasons of economy,
may decrease the number of members and officers of the Police Department,
or their grades or ranks, as provided in N.J.S.A. 40A:14-143 and as
the same may be amended.
[Ord. No. 795 § 2-23.12; Ord. No. 1014-2015]
The Appropriate Authority may appoint special law enforcement
officers, subject to the provisions of the Special Law Enforcement
Officers Act, N.J.S.A. 40A:14-146.8 et seq., and as the same may be
amended.
[Ord. No. 795 § 2-31.13; Ord. No. 1014-2015]
a.
The Appropriate Authority shall decide when to advertise for, and
hire additional Police Officers, and may restrict applications to
only those individuals who are already certified by the New Jersey
Police Training Commission, hereinafter referred to as PTC.
b.
The Borough Administrator and the Chief of Police shall advertise
for candidates or seek candidates through the police training academies,
and shall review applications and resumes, check necessary references,
conduct initial interviews and may administer physical agility tests
or other tests that they feel necessary. The candidates who, after
this process, are worthy of further consideration in the opinion of
the Chief of Police and the Borough Administrator shall be referred
to the Police Committee with a brief summary report for each candidate.
c.
The Police Committee shall select those candidates from the list
referred to them for background checks by the Borough Administrator
and the Chief of Police and shall thereafter recommend to the Mayor
and the Borough Council such candidates as they deem appropriate
d.
The Appropriate Authority shall consider and may make an offer of
employment as an Acting Police Officer to one (1) or more of the candidates
referred by the Police Committee. Any offer of employment shall be
contingent upon a satisfactory full background check and the applicant's
successfully passing a medical examination by a physician selected
by the Borough, which shall include drug testing, and a psychological
examination by a practitioner selected by the Borough. If the applicant
does not satisfactorily complete either examination he or she shall
not be appointed and the next ranking applicant may be extended an
offer, subject to satisfactory completion of the medical and psychological
tests until an applicant satisfactorily completes both examinations.
e.
The name or names of any successful candidates who are not hired
may be retained by the Borough for up to two (2) years. During such
period, if a vacancy occurs, the Appropriate Authority may, if it
wishes, fill such vacancy from such prior successful candidates and
after such limited inquiry as it deems appropriate. In the alternative,
the selection process set forth above may be conducted in full.
[Ord. No. 795 § 2-31.14; Ord. No. 826; Ord. No.
1014-2015; amended12-20-2022 by Ord. No. 1119-2022; 9-26-2023 by Ord. No. 1126-2023]
a.
Appointments. All initial appointments to the Police Department shall
be made only after written examination, psychological or psychiatric
examination and physical examination by a medical doctor [as mandated
by N.J.A.C. 13:1-8(a)3]. The Borough shall require a drug screen be
given by the examining physician. The provisions of this subsection
can be waived by the Appropriate Authority when the appointee is a
New Jersey certified Police Officer who meets the requirements of
the State of New Jersey and Police Training Commission ("PTC"), provided
that the appointee shows proof of accreditation and passes a physical
and psychiatric examination and the Borough shall require a drug screen
be given within 30 days of appointment. Those candidates who successfully
fulfill all other requirements shall be placed on a list of eligible
applicants to be compiled by the Chief of Police. Any candidates not
immediately appointed as probationary patrol officers shall be kept
on the eligibility list for a period of two years from the date of
the examination. Should a vacancy occur in the Department within such
two-year period, the vacancy may be filled from the eligibility list
then in effect. Appointment of a patrol officer to the Police Department
is for a probationary period of one year. During or at the termination
of the probationary period, if the conduct or capacity of the probationer
as to job performance has not been satisfactory, in the case of a
superior officer or the Chief of Police by the Mayor and Council,
or in the case of a patrol officer by the Chief of Police, he/she
shall be notified in writing by the Chief of Police that his/her services
are terminated by the Mayor and Council without any hearing.
b.
Promotions in General. Promotions shall be made from the membership
of the Police Department as constituted at the time of the promotion.
In all cases, due consideration shall be given to the candidate's
length and merit of service consistent with N.J.S.A. 40A:14-129. At
the sole discretion of the Mayor and Council such applicants may be
required to take written and oral examinations administered by a third-party
agency. The selection procedure for promotions shall not commence
until the Mayor and Council has adopted a formal resolution authorizing
same and 21 days' notice thereof has been communicated to the
PBA.
c.
Promotions: Chief of Police. Appointment to the office of Chief of
Police shall be made and chosen from a list of eligible candidates
who shall be interviewed by a committee consisting of the Police Committee
and the then Chief of Police if, in the judgment of Mayor and Council,
the Chief of Police is departing on favorable terms. The Committee
shall then recommend to the Mayor and Council, in order of preference,
the names of the candidates for the position of Chief of Police. The
Mayor and Council shall appoint the Chief of Police after due review
and consideration. This appointment shall be by a majority vote of
the Mayor and Council. Promotion to the Chief of Police is for a probationary
period of six months. When job performance is not satisfactory as
determined by the Mayor and Council, that promotion shall be deleted
and he/she will be reduced in rank back to the rank held prior to
the promotion.
1.
Minimum qualifications of Chief of Police. Any person to be considered
for the position of Chief of Police of the Borough shall meet the
following minimum qualifications:
(a)
At least five years of service as a police officer;
(b)
At least one year of service in a supervisory rank such as corporal,
sergeant or lieutenant;
(c)
An associate's degree from an accredited college or university.
Sixty-seven credits will be deemed equivalent to the associate's
degree. An accredited college or university shall mean a college or
university that attains accreditation from a United States Department
of Education-approved accrediting agency and listing as accredited
on the United States Department of Education rolls of accredited colleges
and universities;
(d)
Successful completion of such interviews, examinations or tests
conducted and/or required by the Mayor and Council as is deemed necessary;
(e)
Demonstrate excellent moral character;
(f)
Demonstrate proficiency and aptitude in the supervision of police
officers;
(g)
Proven project management and problem-solving experience and
abilities. The candidate should also demonstrate ability to not only
identify problems and issues but to also solve those issues; and
(h)
Familiarity with Title 2C of the New Jersey Statutes commonly
referred to as the "New Jersey Criminal Code," and Title 40 and Title
40A of the New Jersey Statutes insofar as they relate to the operation
and administration of police departments.
|
All promotions shall be made in accordance with N.J.S.A. 40A:14-129.
In the event that no applicant meets the minimum requirements, then
the Borough may solicit applications from outside the Borough Police
Department.
|
2.
Preferred qualifications of Chief of Police. Any person to be considered
for the position of Chief of Police is expected to lead and set the
standard for the officers and members of the Department. Therefore,
it is imperative that the Borough select a candidate who possesses
qualifications in excess of those minimally required for the position.
In addition to the minimum qualifications above, it is desired that
the Chief of Police possesses the following preferred qualifications:
(a)
At least 10 years of service on the Borough Police Department.
(b)
At least three years of service in a supervisory rank such as
corporal, sergeant or lieutenant.
(c)
Have received a bachelor's degree and/or advanced degree
in criminal justice, management, public administration, sociology
or any other discipline deemed appropriate for the position from an
accredited college or university.
(d)
Possesses certifications from professional associations indicating
the candidate's commitment to personal professional development.
(e)
Possession of any other certification in management and leadership
that may be obtained by the candidate for the position.
(f)
Proficient in the management of a Police Department, including,
but not limited to, administration, budgeting, communications, controlling
operations, investigations, patrol operations, training, purchasing,
and internal affairs. The candidate should possess the skills and
abilities to manage projects in terms of time, budget and resources.
(g)
The candidate should have strong communication skills.
(h)
The candidate should have concrete examples of the skills, knowledge
and abilities to provide at any interview required.
d.
Promotions: Corporal, Sergeant and Lieutenant. Any vacancy in the
positions of Corporal, Sergeant or Lieutenant shall be filled by the
Mayor and Council based upon recommendation of the Police Committee,
general qualifications and service record. The Police Committee may
prescribe any testing to be required of candidates and shall conduct
interviews of all eligible candidates. The Police Committee shall
recommend appointees to the Mayor and Council based upon the assessments
of the Chief of Police as well as the results of any testing and its
evaluation of the candidates' general qualifications, appearance,
speaking ability, comprehension and presentation of ideas, maturity
of judgment, interest in law enforcement and knowledge of procedures
and techniques thereof, and evidence of supervisory and administrative
ability as well as the written assessment to the Police Committee
of all eligible candidates by the Chief of Police. The promotions
shall be made by the Mayor and Council and by majority vote. Promotion
of an officer to Corporal, Sergeant or Lieutenant is for a probationary
period of six months. When job performance is not satisfactory to
the Mayor and Council, that promotion shall be deleted and he/she
will be reduced in rank back to the rank held prior to the promotion.
e.
Designation of Detective. The provisions of paragraph c shall not
apply as a condition precent to the designation of any Department
member to serve in the capacity of Detective. This appointment is
made under N.J.S.A. 40A:14-118 by Chief of Police with Police Committee
approval.
f.
Eligibility for Rank of Corporal, Sergeant or Lieutenant. Each member
of the Department shall become eligible for rank of Corporal, Sergeant
or Lieutenant within the Department after he/she shall have served
in the capacity of patrol officer, Detective or some other rank below
the rank of Corporal, Sergeant or Lieutenant for a combined period
of at least two years exclusive of his/her initial probationary period;
provided, however, he/she shall not become eligible for promotion
until after he/she shall have served in such capacity for a combined
period of at least three years inclusive of his/her initial probationary
period. It shall not be a requirement of promotion to any rank other
than Chief that an officer have previously served in the capacity
of Corporal, Sergeant or Lieutenant.
[Ord. No. 795 § 2-31.15; Ord. No. 1014-2015]
Except as otherwise provided by law, no permanent member or
officer of the Police Department shall be removed from his or her
office, employment or position for political reasons or for any cause
other than incapacity, misconduct or disobedience of rules and regulations
established for the government of the Police Department, nor shall
such member or officer be suspended, removed, fined or reduced in
rank from or in office, employment or position thereon, except for
just cause as hereinbefore provided and then only upon a written complaint
setting forth the charge or charges against such member or officer.
The complaint shall be filed with the Borough Clerk and a copy shall
be served upon a member or officer so charged, with notice of a designated
hearing thereon before the Appropriate Authority, which shall be not
less than ten (10), nor more than thirty (30), days from date of service
of the complaint. A failure to comply with these provisions as to
the service of the complaint shall require a dismissal of the complaint.
The Appropriate Authority shall have the authority to designate
and appoint a hearing officer recommended by the Police Committee
in lieu of hearing testimony itself.
The Appropriate Authority shall have power to subpoena witnesses
and documentary evidence. A Police Officer so charged shall have the
right to be represented at the hearing by an attorney at law or a
union representative and shall have the right to cross-examine witnesses.
The Rules of Evidence shall not be strictly applied.
In the event that the Appropriate Authority designates a hearing
officer in lieu of hearing the charges itself, the hearing officer
shall, within thirty (30) days after the conclusion of the hearing,
present the Mayor and the Borough Council with a written report, which
contains findings of fact with respect to the charges, copies of which
shall be served on the presenter for the Borough and the Officer.
Following the conclusion of the hearing before the Appropriate
Authority or following receipt of the hearing officer's report by
the Mayor and Council, the Officer shall have the opportunity to appear
before them and offer any explanation or mitigating factors relating
to the charges and any discipline sought by the presenter arising
out of the charges. The Appropriate Authority shall determine whether
discipline is appropriate and the particular discipline to be imposed.
All disciplinary hearings, including any presentation before
the Appropriate Authority, shall be conducted in private unless the
Officer requests a public hearing in writing.
If any officer or employee in the Police Department shall be
suspended pending a hearing as a result of charges, such hearing shall
be commenced within thirty (30) days after service of a copy of the
complaint upon him or her; otherwise the charges shall be dismissed
and the officer or employee returned to duty. Notwithstanding the
thirty (30) day requirement, the officer may waive the thirty (30)
day requirement and request an adjournment from the Appropriate Authority
or hearing officer as the case may be. All suspensions shall be with
pay except when a Grand Jury has returned an indictment against the
officer or the officer has been charged with an offense which is a
high misdemeanor or which involves moral turpitude or dishonesty.
N.J.S.A. 40A:14-149, 40:A-14-149.1.
Any member of the Police Department who has been convicted after
disciplinary hearing may appeal such conviction in the manner provided
by law. N.J.S.A. 40A:14-150.
Recovery or reimbursement of pay shall be as provided for in
N.J.S.A. 40A:14-149.2, N.J.S.A. 40A:14-149.3 and N.J.S.A. 40A:14-151
and as the same may be amended.
[Ord. No. 795 § 2-31.16; Ord. No. 1014-2015]
Whenever a member or officer of the Police Department is a defendant
in any action or legal proceeding arising out of and directly related
to the lawful exercise of police powers in the furtherance of his
or her official duties, the Borough shall provide the member or officer
with the necessary means for the defense of such action or proceeding
but not for his or her defense in a disciplinary proceeding instituted
against him or her by the Borough or in criminal proceeding instituted
as a result of a complaint on behalf of the Borough. If any such disciplinary
or criminal proceeding instituted by or on complaint of the Borough
shall be dismissed or finally determined in favor of the member or
officer, he or she shall be reimbursed for the reasonable expense
of his or her defense.
[Ord. No. 887; Ord. No. 965; Ord. No.
1014-2015; Ord. No. 1027-2016]
a.
Members of the Police Department shall be permitted to accept police
related employment on behalf of private employers 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 Borough.
b.
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police or his designee, which
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 Police Department and would not unreasonably endanger
or threaten the safety of the officer or officers who are to perform
the work.
c.
Any person or entity requesting the services of an off-duty law enforcement
officer shall estimate the numbers of hours such services are required,
which estimate shall be approved in writing by the Chief of Police
or his designee, and shall establish an escrow account with the Borough
Treasurer by depositing an amount sufficient to cover the rates of
compensation and administrative fees set forth in paragraph h for
the total estimated hours of service.
d.
Prior to posting any request for services of off-duty 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, except as set forth in paragraph e. No
service shall be performed unless all fees and compensation required
in the manner described above have been deposited with the Treasurer.
No officer shall provide any such services for more hours than are
specified in the request for services.
e.
In the event that the funds in such an escrow account should become
depleted, services of off-duty officers shall cease, and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above. In the event that emergent circumstances
arise which require an officer working an off-duty assignment for
a period in excess of the estimated hours of service, the Police Chief
or his designee may authorize an officer to continue the off-duty
assignment even though the escrow account has been depleted. In the
event that additional hours are worked, the person or entity contracting
for the services of a Borough Police Officer shall be billed for the
additional hours.
f.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
g.
All requests for the services of off-duty law enforcement officers
in the Borough of Peapack and Gladstone Police Department for a period
of one (1) week or longer shall be forwarded to the Chief of Police
at least ten (10) days before such services are required whenever
possible. Any officers, when so employed by the Borough, shall be
treated as an employee of the Borough; provided, however, that wages
earned for outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed nor shall hours worked
for outside employment be considered in any way compensable as overtime.
h.
Rates for compensation for contracting off-duty police officers shall
be eighty ($80.00) dollars per hour, plus an additional twenty-five
($25.00) dollars per hour for administrative fees, and an additional
thirty ($30.00) dollars per hour for the use of a police car (total
one hundred thirty-five ($135.00) dollars per hour). For any detail
requiring three (3) or more officers or sixteen (16) hours, the entity
will be billed one (1) additional hour for every sixteen (16) scheduled
hours. There will be a minimum billing charge of three (3) hours per
officer per detail. The entity contracting for off-duty services will
be charged the minimum fee per officer for any cancellation less than
twelve (12) hours prior to the scheduled start time.
[Ord. No. 1027-2016; amended 12-20-2022 by Ord. No.
1119-2022]
i.
The entity or person shall provide the Borough with proof of general
liability insurance in an amount not less than one million ($1,000,000.00)
dollars combined single limit per occurrence.
[Ord. No. 465 Preamble]
It is deemed necessary for the efficient, economic and orderly
administration of the Police Department of the Borough of Peapack
and Gladstone that the position of Director of Public Safety be established.
The Mayor and Council have determined that it is necessary for the
continued efficient operation of the Borough and in the best interest
of the residents, citizens and taxpayers thereof, that a
Director be appointed to coordinate all aspects of law enforcement
and public safety in the Borough.
[Ord. No. 465 § 1]
There is hereby established in the Borough the position of Director
of Public Safety who shall be charged with the duties of supervising
and directing the Police Department and such other duties and responsibilities
as created by this section.
[Ord. No. 465 § 2]
The Public Safety Director shall be selected by the Borough
Police Committee, appointed by the Mayor, and shall be effective upon
confirmation by the Borough Council. The term of office of the Public
Safety Director shall coincide with that of the Mayor making the appointment.
However, an incumbent Director shall be entitled to serve as "Acting
Director" until the appointment and qualification of his successor.
[Ord. No. 465 § 3]
The Director of Public Safety shall be the Chief Administrative
Officer in the Borough's Police Department. The Director shall be
responsible for the protection of lives and property in the Borough
and for the organization and direction of all Police activities. The
Director shall organize and direct the Police Department. The Director
shall be invested with all the powers, duties and obligations of a
duly appointed Police Officer and to that end he is so appointed.
The Director's work shall extend to planning, directing and controlling
through subordinates the police patrol and traffic functions. The
Director shall have direct responsibilities for activities in police
investigation, vice control, and internal security. The Director shall
be responsible for recruiting and disciplining members of the Police
Department and for counseling and training Police Department employees.
The Director may delegate the implementation of the above duties to
subordinates of his choosing within the Police Department, but ultimate
responsibility for all such functions shall remain the Director's.
The Director shall further specifically:
a.
Have as an administrative function the coordination of the Police
Department with the Mayor and Borough Council with respect to planning,
staffing, budgeting, equipment, press reporting and other such administrative
functions as may be delegated to the Director of Public Safety by
the Mayor and Council from time to time.
b.
Develop policies, procedures, written manuals and instruction for
the Police Department.
c.
Keep the police force at an effective strength and recruit and hire
candidates for positions thereof as positions become available.
d.
Work with community groups to foster community action related to
public safety activities and
e.
Perform related work as required.
[Ord. No. 465 § 4]
The Director of Public Safety shall be strictly governed by
the terms of this section and the laws of the State of New Jersey.
The Director of Public Safety shall promptly and thoroughly inform
the Police Committee of the Borough Council of all official action
taken by the Director and the occasion thereof. The Director of Public
Safety shall carry out the orders of the Police Committee and such
orders shall not, except in the case of extreme emergency, be countermanded
or set aside and when such action is taken a report shall be made
to the Mayor and Council setting forth the reasons thereof in each
instance.
[Ord. No. 133 § 1; Ord. No. 291 § 1; Ord. No. 328 § 1; New]
The Administrative Officers of the Peapack and Gladstone Fire
Department shall be President, Vice President, Secretary and Treasurer;
the line officers of the Department shall be Chief, First Assistant
Chief and Second Assistant Chief, and as many Firefighters of the
age of eighteen (18) years and not more than thirty-five (35) years
of age at the time of their election to membership, who are citizens
of the United States of America, of good moral character, able-bodied,
and who have resided within the Borough limits for a period of two
(2) years immediately prior to the filing of application for membership
as are or may be elected as hereinafter set forth and approved by
the Council of the Borough.
[Ord. No. 133 § 2;
New]
The Peapack and Gladstone Fire Company is recognized as the
Fire Department in the Borough. The Fire Department is hereby authorized,
empowered and required to adopt a Code of By-laws and Rules for the
control, management and government of the Department, and for the
regulating of the proceedings and business of the Department, which
Code or Codes of By-laws and Rules, after adoption by the Department,
shall not become effective until presented to and approved by the
Borough Council.
[Ord. No. 133 § 3]
Applications and election to active membership shall be in accordance
with the By-Laws of the Department, but the names of all persons elected
to membership shall be presented to the Borough Council for confirmation
and approval, and such approval and confirmation shall be necessary
before membership shall be conferred.
[Ord. No. 133 § 4]
The number of Firefighters elected and actively engaged in working
for credits which will permit their exemption, shall not exceed the
number allowed by the New Jersey State Firemen's Association.
[Ord. No. 133 § 5]
All active or exempt members who shall cease to reside within
the Borough limits shall forfeit their membership.
[Ord. No. 133 § 6]
The Administrative and Line Officers and membership of the Department
shall meet at least once a month for the transaction of all Departmental
business, and shall have entire and absolute control over and management
of the Department and its government when such Department is not upon
active duty, subject to the approval of the Borough Council.
[Ord. No. 133 § 7]
The Chief and Assistant Engineers shall constitute a Board of
Fire Officers, which is hereby authorized, empowered and required
to inspect from time to time, but at least twice annually, all buildings
and premises where accumulations of combustible materials or other
hazardous conditions exist, and to order such changes or removals
as in its opinion are necessary to eliminate fire hazards. For such
purpose of inspection the Board of Fire Officers is hereby empowered
to enter any and all buildings and premises at any reasonable hour.
[Ord. No. 133 § 8]
The Chief Engineer shall be elected by the Department from the
membership of the Department, for a term of two (2) years, subject
to the approval of the Borough Council. The Assistant Chiefs shall
be elected by the Department from the membership of the Department,
for a term of one (1) year, subject to the approval of the Council.
No member shall be eligible for the office of Chief Engineer or Assistant
Chief Engineer unless he shall have been in the service of the Department
for at least two (2) years. No member of the Department shall be eligible
for election as Chief or Assistant Chief whose time, except for conditions
of employment, is not regularly spent within the Borough limits.
[Ord. No. 133 § 9]
The Chief Engineer shall appoint one (1) Foreman and one (1)
Assistant Foreman for each piece for fire apparatus, and one (1) Driver
and as many Assistant Drivers for each piece of fire apparatus as
the Chief Engineer may deem necessary.
[Ord. No. 133 §§ 10—17]
a.
It shall be the duty of the Department, as often as any fire breaks
out, to report immediately upon the alarm thereof, to the fire house,
and to convey its apparatus to the place where the fire shall occur,
unless otherwise directed by the Chief Engineer or other officer who
may be in charge.
b.
In case of fire, the Chief Engineer, or in his absence an Assistant
Chief Engineer, shall have full power and absolute control and command,
and cause the several pieces of apparatus to be worked in a most advantageous
manner. Should the Chief Engineer and the Assistant Chief Engineers
be absent from a fire, the member first arriving at the fire shall
assume the duties of the Chief Engineer until the arrival of his superior
officer.
c.
It shall be the duty of the Chief Engineer to report monthly in writing
to the Council the condition of the various pieces of apparatus and
appurtenances, the number of hydrants and the condition of same, the
number of fires during the month, their location and cause, and date
of same and loss occasioned thereby, the number of members in the
Company and the number of active members.
d.
The Chief Engineer and his Assistants or Officers in command at any
fire, are hereby clothed with full and complete police authority and
are hereby authorized and directed to require and secure the removal
of any and all obstructions from in front of and around fire hydrants,
and for the purpose are hereby authorized to call upon the head of
any of the municipal departments for aid and assistance in securing
such removal of obstructions.
e.
It shall be the duty of the Secretary of the Department to make a
report once each month to the Department, in accordance with such
rules and regulations as may be established by the Department. If
the Secretary of the Department neglects or refuses to make such report,
the Department shall immediately prefer charges against such delinquent
Secretary, in accordance with the Rules and Regulations of the Department.
f.
All requests for repairs or supplies for the Department shall be
presented to the Board of Fire Engineers for their approval or recommendation,
at the time the monthly report mentioned in paragraph e of this subsection
hereof is presented, but in case any apparatus shall become so disabled
that immediate repairs are necessary, the Foreman or Acting Foreman
of the Department operating such apparatus shall immediately report
the condition of the same to the Chief, who is hereby empowered to
have the same repaired at once.
[Ord. No. 133 §§ 18—19]
Any member, while on fire duty, who shall refuse or voluntarily
neglect to obey or execute any orders from the officer in charge of
any fire, shall, for such offense, be subject to suspension or expulsion
from the Department, in such manner and upon such hearing or trials
as may be prescribed or provided by the By-Laws and Rules of the Department,
subject to appeal as hereinafter provided.
Any officer or member of the Department who shall violate, or
willfully neglect or refuse to be controlled, governed or managed
by any of the Rules and By-Laws of the Department that may be adopted
as herein provided, shall be subject to suspension or expulsion from
the Department in such manner and upon such hearing or trial as may
be prescribed by the By-Laws and Rules of the Department, the suspension
or expulsion by the Department being subject to the approval of the
Borough Council.
[Ord. No. 133 § 20]
No person shall be allowed to enter any firehouse or handle
any apparatus or implements belonging to the Department unless accompanied
by a member of the Department.
[Ord. No. 133 § 21]
No fire apparatus, during any fire or the report of any fire,
shall be taken or moved out of its house unless at least one (1) member
of the Department other than the driver shall be present and assent
thereto.
[Ord. No. 133 § 22]
No apparatus shall be let out for hire, or let in any case,
except upon consent of the Council of the Borough, or of the Chief
Engineer, and then only in case of a fire in an adjacent or neighboring
municipality.
[Ord. No. 133 § 23]
Any Officer or member of any committee may be expelled from
office, or any member expelled, by a vote of two-thirds (2/3) of the
members present at a regular meeting of the Department, provided he
shall have been served with a copy of the charges against him, signed
by the Secretary or any member in good standing, at least five (5)
days previous to the meeting.
[Ord. No. 133 §§ 24,
25]
a.
The Chief and Assistant Engineers shall wear, when upon duty, a white
hat and a white frontpiece, with the name of the respective offices
thereupon in white letters upon a black background.
b.
The Foreman and Assistant Foreman of the Department shall wear, when
upon duty, a black hat with a white frontpiece with the name of his
office, and the initial of his name thereon in white letters on a
black background, and each member of the Department shall wear a black
hat with a black frontpiece, the initials of his name and the name
of the Department to which he belongs in white letters thereon.
[Ord. No. 133 § 26]
It shall be the duty of the Chief Engineer to call out for practice
drill the Department, and the Chief may, whenever he deems it necessary,
call such drill when and where he thinks it advisable, and upon the
refusal or continued failure of any officer or member of the Department
to report for such drill, they shall be liable to suspension or expulsion
as provided for by the Rules and Regulations of the Department's By-Laws.
[Ord. No. 133 § 27]
All charges for offenses or neglect of duty, or insubordination
while on duty at a fire, preferred against any officer or member of
the Department, shall be tried and determined in accordance with the
By-laws of the Department, subject, however, to an appeal from such
decision to the Borough Council which shall either confirm the action
or refer the matter back for retrial. In the event of such retrial
the decision of the Department shall be final and conclusive and not
subject to further appeal.
[Ord. No. 133 § 28]
The Board of Fire Engineers shall designate one day each year
for the public inspection of the Borough fire equipment, to be known
as "Inspection Day." The Board shall obtain the prior approval of
the Borough Council for the incurring of any expenses to be borne
by the Borough in connection with "Inspection Day."
[Ord. No. 133 § 29]
The member of the Borough Council who shall be appointed Chairman
of the Fire Committee shall be designated and shall act as Fire Commissioner.
[Ord. No. 701 § 1]
Pursuant to N.J.S.A. 40A:14-95, there is hereby established
the Junior Firemen's Auxiliary for the Peapack and Gladstone Fire
Company.
[Ord. No. 701 § 2]
Members of the Junior Firemen's Auxiliary shall be residents
of the Borough between the ages of sixteen (16) and eighteen (18)
who have obtained the written permission to join the Auxiliary from
their parents or guardian which shall be acknowledged or proved in
the manner required by law for deeds to real estate to be recorded.
[Ord. No. 701 § 3]
The Peapack and Gladstone Fire Company shall amend its By-Laws
to provide for the Junior Firemen's Auxiliary and shall adopt Rules
and Regulations governing the Junior Firemen's Auxiliary and Standard
Operating Procedures for the Junior Firemen's Auxiliary all of which
shall be formally approved by the Mayor and Council.
[Ord. No. 701 § 4]
Members of the Junior Firemen's Auxiliary shall be eligible
to receive the same insurance coverage as is provided to adult members
of the Company pursuant to N.J.S.A. 40A:14-37 and 40A:14-38.
[Ord. No. 779 Preamble]
The Borough of Peapack and Gladstone, in the County of Somerset
and State of New Jersey deems it appropriate and necessary to act
to ensure retention of existing active members and to provide incentives
for recruiting new volunteer firefighters and first-aid organization
members.
The Borough of Peapack and Gladstone has determined that the
creation of a Length of Service Awards Program will enhance the ability
of the municipality to retain and recruit volunteer firefighters and
first-aid organization members.
[Ord. No. 779 § 1]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the volunteer Peapack and Gladstone Fire Department and the Peapack-Gladstone
First-Aid and Rescue Squad for their loyal, diligent, and devoted
services to the residents of the Borough of Peapack and Gladstone.
[Ord. No. 779 § 2; Ord. No. 903]
The LOSAP shall provide for an automatic CPI adjustment to the
annual contributions to a deferred income account for each volunteer
member that meets the criteria set forth below; that such contribution
shall be made in accordance with a plan that shall be established
by the Borough of Peapack and Gladstone pursuant to P.L. 1997, c.
388, and that such plan shall be administered in accordance with the
laws of the State of New Jersey, the U.S. Internal Revenue Code, and
this section.
[Ord. No. 779 § 3; Ord. No. 903; Ord. No.
953 § 1]
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
a.
A full calendar year of active emergency service participation in
either the Peapack-Gladstone Fire Department or the Peapack-Gladstone
First-Aid and Rescue Squad.
b.
Accumulation of fifty (50) LOSAP approved points under the Point
System provided in this section.
c.
Annual contribution by the Borough of Peapack and Gladstone shall
be one thousand ($1,000.00) dollars per year per eligible participant
adjusted by an automatic annual CPI adjustment.
Editor's Note: Former subsection 2-35.5, Contributions as Credit
for Prior Years of Service, previously codified herein and containing
portions of Ordinance No. 779, was repealed in its entirety by Ordinance
No. 953.
[Ord. No. 779 § 5; Ord. No. 953 § 3]
The estimated cost of the program has been calculated as forty
thousand ($40,000.00) dollars per year for regular annual services.
[Ord. No. 779 § 6; Ord. No. 891]
Each active volunteer member shall be credited with points for
volunteer services provided to the volunteer fire company and first-aid
organization in accordance with the following schedule:
LOSAP Point System
c.
Stand-By — 20 point maximum
1.
Stand-By: One point each - A stand-by is defined as line of duty
activity of the volunteer fire company or first-aid squad not falling
under one of the other categories.
d.
Elected or Appointed Positions — 25 point maximum
Elected or appointed position means line officers, truck Captains,
fire police, chauffeurs, department or company officers and President,
Vice President, Treasurer and Secretary of the Fire Department and/or
First-Aid Squad.
1.
Completion of a one-year term in an elected or appointed position
is required and points shall be awarded in accordance with the following
charts:
|
Fire Department
|
First-Aid Squad
| ||
|---|---|---|---|
|
Line Officers
|
25
|
Line Officers
|
25
|
|
Truck Captains
|
20
|
Treasurer
|
15
|
|
Chauffeurs
|
20
|
President
|
20
|
|
Fire Police
|
20
|
Secretary
|
15
|
|
President
|
15
| ||
|
Vice President
|
15
| ||
|
Treasurer
|
15
| ||
|
Secretary
|
15
|
e.
Attendance at Convention — 20 point maximum
1.
An active volunteer firefighter or volunteer first-aid squad member
elected to serve as a delegate to a firefighters' or first-aid convention
shall be eligible to receive one point per meeting.
f.
Attendance at Meetings
1.
Attendance at any official meetings of the volunteer fire company
and volunteer first-aid squad — two points per meeting.
g.
Participation in Department Responses
1.
Points will be awarded based on the percentage of annual calls responded
to by the eligible participants of the emergency services organizations
using the following chart:
|
Percentage of Total Annual Calls
|
Points Earned
|
|---|---|
|
10%
|
5
|
|
20%
|
10
|
|
30%
|
15
|
|
40%
|
20
|
|
50%
|
25
|
|
60%
|
30
|
|
70%
|
40
|
h.
Miscellaneous Activities
Participation in inspections and other activities not otherwise
listed - one point per activity.
[Ord. No. 779 § 7]
This section shall take effect upon approval by voters as a
public question at the next general election to be held on November
7, 2000.[1]
[1]
Editor's Note: This section was approved by the electorate
at the General Election of November 7, 2000.
