Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in N.J.S.A. 40:A:14-146.9 shall be deemed to apply to such words and phrases used herein.
There is hereby established the position of Special Law Enforcement Officer in and for the Township of Plumsted.
Before any Special Law Enforcement Officer is appointed, the Chief of Police or, in the absence of the Chief, other chief law enforcement official of the Township, shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Mayor and Township Committee.
[Ord. #95-15, § I]
A. 
Special Law Enforcement Officers may be appointed for terms not to exceed one (1) year, and the appointments may be revoked by the Mayor and Township Committee for cause, after adequate hearing, unless the appointment is for four (4) months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The Special Law Enforcement Officers so appointed shall not be members of the police force of the Township, and their powers and duties shall cease at the expiration of the term for which appointed.
B. 
(Reserved)
[Ord. #2017-08]
A. 
No person may be appointed as a Special Law Enforcement Officer, unless the person:
(1) 
It is a resident of this state during the term of appointment;
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
(3) 
Is sound in body and of good health;
(4) 
Is of good moral character;
(5) 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office;
(6) 
Has successfully undergone the same psychological testing that is required of all full-time police officers in the Township or with regard to a Special Law Enforcement Officer hired for a seasonal period which required psychological testing of its full-time police officers, has successfully undergone a program of psychological testing approved by the Police Training Commission established in the Department of Law and Public Safety, pursuant to N.J.S.A. 52:17B-70.
B. 
Every applicant for the position of Special Law Enforcement Officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
C. 
No person shall be appointed to serve as a Special Law Enforcement Officer if that person serves as a Special Law Enforcement Officer in another municipality; nor shall any permanent, regularly appointed full-time police officer of any other municipality in this State be appointed as a Special Law Enforcement Officer. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of any municipality in this State, or supervision of the Police Department of a municipality in this State, shall be appointed as a Special Law Enforcement Officer.
D. 
Any person who at any time prior to his appointment had served as a duly qualified, fully trained, full-time officer in any municipality in this State and who is separated from that prior service and good standing, shall be eligible to serve as a Special Law Enforcement Officer consistent with the guidelines promulgated by the Police Training Commission. If the Police Training Commission waives the training requirements which are required by statute, the Mayor and Township Committee, as it chooses, may appoint such person as a Special Law Enforcement Officer.
E. 
A person shall not be appointed as a Class Three special law enforcement officer unless the person:
(1) 
Is a retired law enforcement officer who is less than 65 years age; for the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer's return to employment violates federal or State law or regulation which would deem the officer's retirement as not being bona fide;
(2) 
Had served as a duly qualified, fully-trained, full-time officer in any municipality or county of this State, or as a member of the State Police, and was separated from that prior service in good standing, within three years of appointment, except during the first year following the effective date of P.L.2016 c.68, was separated from that prior service within five years of appointment;
(3) 
Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;
(4) 
Possesses a New Jersey Police Training Commission Basic Police Officer Certification or New Jersey State Police Academy Certification;
(5) 
Has completed the training course for safe schools resource officers developed pursuant to subsection a of section 2 of P.L.2005, c.276 (C.52:17B-71.8);
(6) 
Is hired in a part-time capacity.
For the purposes of this subsection, "good standing" shall exclude a retirement resulting from injury or incapacity.
A. 
No person may commence his duties as a Special Law Enforcement Officer unless he has successfully completed the training course and certification requirements of N.J.S.A. 40A:14-146.11, unless such training requirements have been waived by the Police Training Commission.
B. 
All Special Law Enforcement Officers appointed in service on the effective date of this Act, October 1, 1986, may continue in service if within twenty-four (24) months of the effective date of this Act they will have completed all training and certification requirements of this Act.
[Ord. #2017-08]
There are hereby established three (3) classifications of Special Law Enforcement Officers.
A. 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
B. 
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
C. 
Class Three. Officers of this class shall be 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 or a county college on the school or college premises during hours when the public or nonpublic school or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.
D. 
The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b of section 7 of P.L.1985, c.439 (C.40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
Every Special Law Enforcement Officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the Township of Plumsted. The uniform shall also include an insignia issued by the Police Training Commission which clearly indicates the officer's status as a Special Law Enforcement Officer and the type of certification issued by the Commission. All Special Law Enforcement Officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.
Whenever a Special Law Enforcement Officer's appointment is revoked or a Special Law Enforcement Officer is not re-appointed upon the expiration of the term, the Special Law Enforcement Officer shall return to the officer in charge of the station house all Plumsted Township issued uniforms, badges and equipment within fifteen (15) days of the revocation or expiration of term.
The Special Law Enforcement Officers shall carry and return firearms pursuant to the guidelines established in N.J.S.A. 40A:14-146.14b.
Special Law Enforcement Officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Township, as well as any rules and regulations applicable to the conduct and decorum of Special Law Enforcement Officers.
A. 
A Special Law Enforcement Officer shall be under the supervision and direction of the Chief of Police, or, in the absence of the chief, other chief law enforcement officer of the Township, and shall perform his duties only in the Township unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
B. 
The Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the Township, may authorize Special Law Enforcement Officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Township including, but not limited to, the carrying of firearms and the power to arrest subject to rules and regulations, any such authorization shall not be inconsistent with the certification requirements of § 56-6 herein.
[Ord. #2017-08]
The provisions of N.J.S.A. 40A;14-146.16 regarding the maximum hours of employment of Special Law Enforcement Officers is hereby incorporated as if stated in full herein. N.J.S.A. 40A;14-146.16 as amended by P.L. 2016 Chapter 68, approved November 30, 2016 (S-86) to include a Class Three special law enforcement officer in all municipalities without limitation.
[Ord. #2017-08]
A. 
Special Law Enforcement Officers may be employed only to assist the Township law enforcement unit, but may not be employed to replace or substitute for full-time regular police officers or in any way diminish the number of full-time officers employed by the Township.
B. 
A Class Three special law enforcement officer may be employed only to assist the local law enforcement unit with security duties and shall not supplant a law enforcement officer employed pursuant to the provisions of N.J.S.A. 18A:17-43 or a safe schools resource officer employed pursuant to the provisions of section 3 of P.L. 2005, c.276 (C.18A:17-43.1).
A. 
No permanent member or 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 rules and regulations established for the government of the Police Department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein, except for just cause 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 Chief of Police and a copy shall be served upon the member or officer so charged, with a notice of a designated hearing thereon by the proper authorities, which shall not be less than ten (10) nor more than thirty (30) days from the date of service of the complaint.
B. 
A complaint charging a violation of the internal rules and regulations established for the conduct of the Police Department shall be filed no later than the 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 Police Department is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state.
A. 
Class Three special law enforcement officer appointed pursuant to the provisions of P.L.1985, c.439 (C.40A:14-146.8 et seq.) shall not, based on this appointment, be eligible for health care benefits or enrollment in any State-administered retirement system.
[Ord. #2017-08]