Township of Plumsted, NJ Police Department

The Director of Public Safety shall be appointed by the Township Committee. He shall be subject to the direction and supervision of the Mayor and Township Committee and shall be responsible for the proper and efficient administration of all public safety functions of the Township government. The Director shall serve at the pleasure of the Township Committee.

The Director of Public Safety shall receive such compensation as shall be fixed from time to time by a Salary Ordinance.

The Director of Public Safety shall see to the execution and enforcement of all laws, federal, state and local, so as to protect the safety at large.

Chief of Police or Officer in Charge position created.

There is hereby created the position of Chief of Police or Officer in Charge.

Duties. The Chief of Police or Officer in Charge shall be the head of the police force and shall be directly responsible to the Mayor and Township Committee, as the appropriate authority, for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;

Have, exercise, and discharge the functions, powers and duties of the force;

Prescribe the duties and assignments of all subordinates and other personnel;

Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and

Report at least monthly to the Mayor and Township Committee, the appropriate authority, in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.

Lieutenant.

[Ord. No. 2018-03; amended 9-4-2019 by Ord. No. 2019-12]

Duties. The duties of the Lieutenant shall be administrative in nature and shall assume the duties of the chief law enforcement officer in the event of absence. The Lieutenant shall be directly responsible to the chief law enforcement officer as the herein defined appropriate authority and to the Township Committee for the operations of the police force and shall be the supervisor of the Sergeant and Corporal as their superior officer. The Lieutenant shall have all the job responsibilities and duties as established by law and the Plumsted Police Department Rules and Regulations and such other duties as may be assigned and necessary to ensure the general police duties as outlined are performed faithfully and promptly in the interest of public safety.

Sergeant. The Sergeant shall be second in command and directly responsible to the Chief of Police or Officer in Charge. The Sergeant shall have all the job responsibilities and duties as established by law and the Plumsted Township Police Department Rules and Regulations and such other duties as may be assigned and necessary to ensure the general police duties as outlined are performed faithfully and promptly in the interest of public safety.

[Amended 9-4-2019 by Ord. No. 2019-12]

Corporal position.

[Amended 9-4-2019 by Ord. No. 2019-12]

Duties. The Corporal shall be responsible for the daily shift of the Police Department and shall be responsible for the patrolmen on his shift. The Corporal shall be directly responsible to the Sergeant. The Corporal shall have all the job responsibilities and duties as established by law and the Plumsted Township Police Department Rules and Regulations and such other duties as may be assigned and necessary to ensure the general police duties as outlined are performed faithfully and promptly in the interest of public safety.

Patrolmen. The patrolman is responsible for the general law enforcement work involved in the protection of life and property through the enforcement of laws and related preventative investigative work. A patrolman shall perform all duties which are assigned to him by his superior officer(s). The Patrolman shall be directly responsible to the Corporal. The Patrolman shall have all the job responsibilities and duties as established by law and the Plumsted Township Police Department Rules and Regulations and such other duties as may be assigned and necessary to ensure the general police duties as outlined are performed faithfully and promptly in the interest of public safety.

[Amended 9-4-2019 by Ord. No. 2019-12]

Police Matron.

[Amended 9-4-2019 by Ord. No. 2019-12]

Duties. The Police Matron shall aid and assist in the arrest, detention, search and transporting of female prisoners as well as other duties which may be assigned by the Police Department.

§ 47-4 Appointments; terms; qualifications.

Appointment. All police officers, without regard to rank, shall be appointed by the Mayor and Township Committee by resolution. All promotions within the Department shall be made by the Mayor and Township Committee by resolution.

Term of office. The term of office for any police officer appointed by the Mayor and Township Committee shall be indeterminate and continuous during good behavior. No permanent officer of the Police Department shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of the rules and regulations of the Police Department in accordance with N.J.S.A. 40A:14-147. No member of the Police Department can be removed from office except by the Mayor and Township Committee.

The Mayor and Township Committee reserve the right to decrease the number of members or officers of the Police Department for reasons of economy pursuant to N.J.S.A. 40A:14-143.

Qualifications. No individual shall be appointed as a police officer, regardless of rank, unless he:

Is a citizen of the United States.

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 as to his eligibility for membership in the retirement system.

Is able to read, write and speak the English language well and intelligently.

(4)

Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.

(5)

Meets such other requirements as are established in the police rules and regulations.

(6)

Once appointed to the police force, a police officer should establish residency within such reasonable distance of the Township as to allow the officer to respond with promptness to emergency calls. This provision shall not be construed as requiring residence in the Township of Plumsted as a condition to employment on the police force as prohibited by N.J.S.A. 40A:14-122.1.

§ 47-5 Additional personnel.

The following positions are hereby established within the Plumsted Township Police Department. The positions being established are civilian in character and the persons being appointed to these positions do not have any authority to perform any of the duties of a police officer.

School Crossing Guard. There is hereby created the position of School Crossing Guard. The School Crossing Guard shall be appointed for a term not exceeding one (1) year by the Mayor and Township Committee. To be appointed to the position of School Crossing Guard, an individual must meet the requirements of N.J.S.A. 40A:9-154.1. The School Crossing Guards shall be under the supervision and direction of the Chief of Police or Officer in Charge. School Crossing Guards shall receive training in accordance with the requirements of N.J.S.A. 40A:9-154.2. A School Crossing Guard shall be responsible for the control and direction of vehicular and pedestrian traffic during those time periods of a school day when it is necessary to control traffic or during any special event or program involving pedestrian crossing whenever it is deemed to be in the best interest of public safety.

§ 47-6 Adoption of rules and regulations.

The rules and regulations for the efficient operation of the Police Department, the government of the police force and for the discipline of its members shall be promulgated and adopted by the Mayor and Township Committee by way of resolution. A copy of any such police regulations shall be provided to all members of the Police Department. The rules and regulations may be amended at any time by the Mayor and Township Committee after consultation with the Director of Public Safety and Chief of Police or Officer in Charge. The Township Committee shall, by resolution which sets forth any amendments or additions to the police rules and regulations, shall adopt the amendments as promulgated. Whenever such amendments or additions to the police rules and regulations are adopted and promulgated by the Mayor and Township Committee, copies of such amendments or additions shall be supplied to all members of the Police Department.

Whenever there is a conflict between the provisions of the rules and regulations of the Police Department and this chapter, the provisions of this chapter shall control.

§ 47-7 Disciplinary procedure.

Within the limitations set forth in N.J.S.A. 40A:14-147 et seq. and pursuant to the provisions of N.J.S.A. 40A:14-118, the Township of Plumsted Police Department disciplinary authority and responsibility rests with the Mayor and Township Committee, as the appropriate authority.

Charges and/or complaints against any sworn, permanent member of the Police Department for incapacity, misconduct or disobedience of the rules and regulations established for the government of the Plumsted Township Police Department and force may be made, in writing, and shall set forth the violation(s) and facts in question and the name and address, if known, of the officer(s) to be charged. The charges shall be presented to the Mayor and Township Committee. Upon receipt of or promulgation of such charges, the Mayor and Township Committee will select a hearing officer who shall fix a time, place and date for a hearing, giving due notice thereof in writing to the complainant (where applicable) and the accused and serve a copy of the complaint on all accused. Removal of special law enforcement officers shall be pursuant to N.J.S.A. 40A:14-146.14.

A complaint filed in accordance with N.J.S.A. 40A:14-147, shall be filed no later than the forty-fifth (45th) day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five (45) day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules and regulations of the law enforcing unit is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state. The forty-five (45) day limit shall begin on the day after the disposition of the criminal investigation. The forty-five (45) day requirement of this subsection for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.

At the time and place set forth in the complaint, the hearing officer designated by the Mayor and Township Committee shall proceed with a hearing (open if requested by the accused), where witnesses shall be examined under oath, evidence introduced and where the record shall be kept by employing a stenographer and/or tape recording. Both the complainant and the accused may be represented by counsel and the Township Attorney may, if requested, act in an advisory capacity to the designated hearing officer, but not otherwise. The hearing may be adjourned and/or continued from time to time, if necessary.

After conducting the hearing, the designated hearing officer (where applicable) shall specify his findings of fact as to the charges, his findings of guilt or innocence and, if guilty, recommendations as to discipline to be imposed upon the person(s) charged.

The Mayor and Township Committee shall impose the penalty upon the person(s) found guilty, taking into account the hearing officer's recommendations and other factors. The penalty may be, according to the nature of the offense(s), one or more of the following:

Monetary fine.

Transfer.

Suspension with pay.

Suspension without pay.

(e)

Loss of promotion opportunity.

(f)

Demotion.

(g)

Discharge from employment.

If the Mayor and Township Committee finds that none of the above penalties, or any combination of same, are appropriate, the case may be referred to the Director of Public Safety, Chief of Police or Officer in Charge for imposition of appropriate penalty in accordance with the rules and regulations of the Township of Plumsted Police Department.

§ 47-8 Construal of provisions.

Nothing contained within this chapter shall:

Prevent the appointment by the Mayor and Township Committee of committees or commissions to conduct investigations of the operation of the police force and to delegate to such committees or commissions such powers of inquiry as the Mayor and Township Committee deem necessary.

Prevent the Mayor and Township Committee from conducting a hearing or investigation authorized by law, except as noted herein.

Prevent the Mayor and Township Committee from examining, at any time, the operations of the police force or the performance of any officer or member thereof.

Infringe on or limit the power of the Mayor and Township Committee to act to provide for the health, safety or welfare of the Township in an emergency situation through special emergency directives.

§ 47-9 Outside employment.

Every officer and member of the Police Department shall devote his whole time and attention to the business of the Department, and he is expressly prohibited from following any other calling or being employed in any other business during the hours in which he is on duty. He may, however, accept any respectable employment, except at a place where alcoholic beverages are sold, at any time that he is not on duty, provided that such employment shall not affect his efficiency as a policeman nor reflect adversely upon his character or that of the Department.

Off-duty assignments of municipal police officers. Off-duty defined. Whenever the terms "off-duty," "special duty," or "extra-duty" are utilized in this section, they refer to duty assignments made by the Chief of Police or Officer in Charge at the request of private citizens for special projects of a private, quasi-public, or school nature, pursuant to an agreement with the Township of Plumsted in accordance with the terms of this ordinance.

Extra duties. Whenever the Chief of Police or Officer in Charge or their designee determines that extra-duty assignments shall be performed for a party requesting private or quasi-public duty, the Public Safety Director or his designee shall enter into an agreement providing for extra-duty assignments for which the Township shall be compensated at the rate set from time to time by resolution. Such agreement shall be in accordance with the following standards and provisions:

The party requesting the assignment shall execute and deliver an agreement in a form approved by the Township Committee by resolution from time to time. Chief of Police or Officer in Charge or their designee shall be authorized to execute any such agreement provided it has been submitted in the form approved by resolution.

The Township shall be responsible to provide all necessary insurance coverage as required by law including but not limited to, worker's compensation, public liability, personal injury (including death) or damage to property which may arise or result from the extra-duty services performed pursuant hereto.

Officers engaged in special duty assignments shall be deemed on-duty and shall conform to all Police Department rules, regulations and procedures.

(4)

Any and all extra duty assignments shall be determined and approved by the Chief of Police or Officer in Charge. The Chief of Police or Officer in Charge may assign a patrol vehicle for use in performing extra duty if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty.

(5)

All special duty assignments shall be within the municipality, unless specific written approval is granted by the Chief of Police or Officer in Charge and approved by the Township Committee to the officer to work outside of the municipality. If no municipal officers are available to work on special duty assignments within the municipality, the Chief of Police or Officer in Charge may contact adjoining municipal police departments to determine if any are willing to perform such special assignments.

(6)

The work to be performed shall be considered "special assignment from independent contractors" and will not be considered direct assignment or duty on the job through the Township. The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a system established and administered by the Chief of Police or Officer in Charge and approved by the Township Committee.

(7)

The Chief of Police or Officer in Charge shall have the authority to order any Police Officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or the public, in the sole determination and discretion of the Chief of Police or Officer in Charge. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignment and shall have no claim for any costs or damages against the municipality or the police officer arising from the termination of a special duty assignment, other than the prorated return of any costs prepaid to the municipality.

(8)

Any private persons or entities requesting the services of police officers will be required to submit payment based on estimates of the work to be done and relative administrative expenses in advance of services rendered except in the case of an emergency or as it relates to the School. The municipality would "escrow" the moneys in the dedicated fund to ensure timely payment to the police officers.

Additional rules and regulations governing special assignments.

Special assignments under this section may be subject to additional rules and regulations or criteria promulgated by the Chief of Police or Officer in Charge and/or the Township Committee of the Township of Plumsted from time to time.

Hourly rates for off-duty employment.

[Amended 7-3-2019 by Ord. No. 2019-09]

The hourly rate per officer be paid to Plumsted Township Police Officers for outside employment as set forth in this section is as follows:

(a)

Plumsted Township, Plumsted Township MUA, Plumsted Township School District: $50/hour; no administrative fee.

(b)

Companies/entities within Plumsted Township: $55/hour plus $15/hour administrative fee for a total of $70/hour.

(c)

Companies/entities outside of Plumsted Township: $80/hour plus $35/hour administrative fee for a total of $115/hour.

There shall be a minimum of four hours paid per officer requested per day.

Alcoholic beverage establishments and law enforcement officers; ownership prohibition; employment restrictions.

No license shall be held by any regular police officer, any peace officer or any other person whose powers or duties include the enforcement of the alcoholic beverage law or regulations, or by any profit corporation or association in which any such officer or person is interested, directly or indirectly.

No licensee shall employ or have connected with him in any business capacity whatsoever any such officer or person except that:

(a)

Nothing herein shall prohibit a licensee from employing in a non-managerial capacity a special law enforcement officer; and

(b)

A licensee, upon prior written application to and written approval by the Director of the Division of Alcoholic Beverage Control, may employ a regular police officer, peace officer or other person whose powers and duties include the enforcement of the Alcoholic Beverage Law (other than an officer employed by the Division of State Police) provided that such officer shall not be employed in a jurisdiction in which the officer is officially employed and further provided:

(i)

Written application pursuant to paragraph (2)(b) above shall include prior written approval of such employment by the Chief Law Enforcement Officer of the jurisdiction which employs said officer or person and proof that written notice of the application has been provided to the Chief Law Enforcement Officer of the jurisdiction where the licensee is located.

(ii)

In the case of the Chief Law Enforcement Officer seeking such employment, the prior written approval must be from the Chief Executive Officer of the governing body of the jurisdiction which employs said chief officer;

(iii)

A police officer so employed shall not, while engaged in the selling, serving, possessing or delivering of any alcoholic beverages:

[a]

Have in his or her possession any firearm; or

[b]

Wear or display any uniform, badge or insignia which would identify him or her as a police officer; and

(iv)

No police officer so employed shall be permitted to work in excess of 24 hours a week in any such establishment.