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Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: The enabling statute for ordinances relating to the police department is N.J.S.A. 40A:14-118 et seq.
[Ord. No. 484; 1972 Code § 3-1; Ord. No. 9-96; Ord. No. 11-00]
The existence of the separate department of the municipal government of the Borough, designated the "Police Department of the Borough" heretofore established, shall be continued without interruption and as before shall be known as the Police Department of the Borough, hereinafter referred to as the Police Department. It shall be the duty and responsibility of the Police Department of the Borough of Keyport and its members to preserve the public peace; to uphold all laws of the United States and State of New Jersey and all ordinances of the Borough of Keyport within their scope of authority as authorized by law and ordinance; ensure the safety and welfare of the residents of the Borough; protect the lives and health of citizens; protect the rightful ownership and use of private and public property; investigate and prevent crime; apprehend offenders where the crime has been discovered in its commission; recover stolen property; direct and control traffic; provide appearances in court; render efficient assistance in the investigations of offenses; cooperate fully with national, State, County and other authorized law enforcement agencies and police departments; maintain up to date, full, correct and detailed description and identifications, identification data and locations of all known criminals within the Borough of Keyport to assist in rapid apprehension when required; provide training for the efficiency of its members and officers; and other related duties and responsibilities required by law and required by Department rules and regulations.
[Ord. No. 484; 1972 Code § 3-2.1; Ord. No. 11-00]
A police station, which shall be the headquarters of the Police Department and shall be known and designated as the Police Headquarters of the Borough.
[Ord. No. 484; 1972 Code § 3-2.2; Ord. No. 11-00]
The Police headquarters shall be open for the transaction of police business all hours of the day and night including Sundays and holidays.
[Ord. No. 514; Ord. No. 6-75; 1972 Code § 3-3.1; Ord. No. 11-00]
For purposes of administration and efficiency the Police Department is divided into the following divisions and bureaus:
a. 
Administration.
b. 
Patrol Division.
c. 
Traffic Safety Bureau.
d. 
Detective Bureau.
[Ord. No. 484; 1972 Code § 3-3.2; Ord. No. 4-96; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 1-12]
The Administrative Division of the Police Department is particularly charged with the control and supervision of designated functions and services as directed by the Borough Council.
The Police Chief shall be the administrative head of the Police Department and shall be appointed by the Mayor with the consent of a majority of the Borough Council. Subject to statutory authority, the Police Chief is subject only to the orders and directions of the Mayor and Council, or a committee appointed by the Mayor and Council which shall be the Police Committee. The Police Committee shall be the Appropriate Authority as provided in the New Jersey Statutes.
Nothing herein contained shall prevent the Appropriate Authority, or the Borough Business Administrator or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. When acting in such capacity the Business Administrator or other executive or administrative officer shall be deemed the agent of the Appropriate Authority.
The Chairman of the Police Committee shall be known as the Police Commissioner, it being understood, however, that the Mayor and Council shall be entitled to exercise all functions and powers granted under the laws and statutes of the State of New Jersey, and this Article shall not be considered in derogation thereof.
[Ord. No. 494; 1972 Code § 3-3.3; Ord. No. 11-00]
The Patrol Division is particularly charged with patrolling all public streets, highways, thoroughfares and parks within the boundaries of the Borough in the manner prescribed, most effectively to perform the duties of the Department. Within the Patrol Division, patrol posts shall be created which shall be designated as including all posts patrolled by foot and automobile, and includes the public thoroughfares within the boundaries of the post.
[Ord. No. 484; Ord. No. 6-75; 1972 Code § 3-3.4; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11; amended 7-15-2014 by Ord. No. 9-14; 12-9-2014 by Ord. No. 14-14; 6-20-2017 by Ord. No. 9-17; 12-19-2017 by Ord. No. 16-17]
a. 
The responsibility of command within the Police Department shall be vested within the Police Chief. During the absence of that commanding officer, when no other special designation is made by the Mayor and Council, the command shall automatically devolve upon the senior member of the Department as determined, first by rank, and second by continuity of service in the Department. During such periods, the ranking official shall have the same powers as those of the official whose office he temporarily holds. The rank structure within the Police Department shall be as follows:
1. 
Police Chief (no more than one).
2. 
Police Captain (no more than one).
3. 
Police Lieutenant (up to two).
4. 
Police Sergeant (no more than five).
5. 
Patrol Officer (permanent and probationary, no more than 12); the position of detective is an assignment of duties within the rank.
b. 
During such periods, the ranking official shall have the same powers as those of the official whose office he temporarily holds. This section does not require that all rank positions be filled.
[Ord. No. 484; Ord. No. 9-96; Ord. No. 11-00]
Responsibility for the assignment of any police officer and their reassignment shall be the responsibility of the Police Chief and with the approval of the Police Commissioner.
[Ord. No. 514; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00]
The Traffic Safety Bureau shall consist of personnel as appointed by the Chief of Police and approved by Council and shall be charged with the investigation of all traffic accidents and further with educational and safety programs. The officer in charge shall be subject to the command of the Police Chief.
[1972 Code § 3-3.7; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11; amended 6-20-2017 by Ord. No. 9-17]
a. 
Personnel; Authority. The Detective Bureau shall be assigned adequate staff by the Police Chief with the approval of the Borough Council. Police officers in the Detective Bureau shall be subject to the command of the Police Chief or his designee and the rules and regulations of the Department. Officers assigned as a Detective shall perform the duties of Juvenile Aid Officer to the extent appropriate as directed by the Police Chief.
b. 
Assignments to the Bureau. Assignments to the Detective Bureau to the position of detective are temporary and subject to the discretion and determination of the Police Chief within the limitations as established herein.
[Ord. No. 6-75; 1972 Code § 3-3.8; Ord. No. 9-96; Ord. No. 11-00]
a. 
Juvenile Aid Section. There shall be a Juvenile Aid Section within the Detective Bureau.
b. 
Juvenile Aid Officer. The duties of the Juvenile Aid Officer shall be as follows:
1. 
He shall develop policies and a program for the operation of such section within the framework of Department procedures.
2. 
He shall undertake to instill in every departmental member a feeling of responsibility for the success of programs and policies as instituted.
3. 
He shall formulate a careful study of the juvenile delinquency problem within the Borough and maintain a continuing program for the prevention and control of juvenile delinquency.
4. 
He shall make frequent inspections of all public places which normally attract the youth element.
5. 
He shall investigate all complaints received by the Department of Police relative to adult persons contributing to or causing delinquency of juveniles.
6. 
He shall act in the capacity of liaison officer between the Department of Police and those welfare agencies, both public and private, which have the facilities to provide rehabilitation services to the delinquent youth.
7. 
He shall develop services and activities to meet the current needs of youth within the Borough as evidenced by the Juvenile Aid Section.
8. 
He shall establish and maintain an effective working relationship with the Juvenile Conference Committee.
9. 
He shall enlist the cooperation of the superintendents of public and private schools, as well as the individual teachers thereof, as they normally provide a constant source of information in respect to youth activities.
10. 
He shall be responsible for notifying the parent or guardian of a juvenile child detained for any offense as soon as practicable; and, in cases where a juvenile child is committed to the County child shelter homes, the prescribed complaint or preliminary notice form will be used and forwarded to the juvenile court at the time of commitment.
11. 
He shall investigate all cases involving juvenile offenders or victims, interview the juvenile and the respective parents or guardian involved, and follow the investigation to disposition of the case.
12. 
He shall be responsible for handling cases involving juveniles in a manner to protect them as far as possible from publicity and from older offenders, making every effort to advise the juveniles on their problems on the basis of a study of the environment and contributing factors.
13. 
He shall be responsible for keeping records pertaining to offenses and offenders involving juveniles and submitting written reports of all activities of the Bureau to the Police Chief and the Borough Council.
14. 
He shall perform such other duties as may be assigned to him by his superior officer.
[Ord. No. 9-96; Ord. No. 11-00]
The Police Chief is hereby authorized to prepare and recommend to the Mayor and Council rules and regulations that may supplement and/or replace those provided for herein for the day to day administration of the Police Department. Upon adoption by Borough Ordinance such rules and regulations shall be written or printed and shall be known as the "Police Manual of the Borough of Keyport." The Police Chief shall recommend such additional rules and regulations or amendments to the same as in his judgment are necessary for the daily administration and conduct of the Police Department. Until such rules and regulations are adopted by ordinance, all existing rules and regulations for the governance of the force and the discipline of its members shall remain in full force and effect.
[Ord. No. 484; 1972 Code § 3-4.1; Ord. No. 11-00]
The members or personnel of the Police Department shall consist of all present permanent members and all future members as they may be qualified and appointed in accordance with requirements of the Civil Service Law and Rules pursuant thereto.
[Ord. No. 484; Ord. No. 6-75; 1972 Code § 3-4.2; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11; amended 6-20-2017 by Ord. No. 9-17]
The members of the Police Department shall have the following official titles: Police Chief; Police Captain; Police Lieutenant, Police Sergeant; Police Patrol Officer; Police Detective is an assignment and during said assignment an officer may be designated and referred to as Detective.
[Ord. No. 484; Ord. No. 6-75; 1972 Code § 3-4.3; Ord. No. 11-00]
All police officers will receive annual salaries in such amounts as shall be determined by Borough ordinance and as provided by law.
[Ord. No. 484; 1972 Code § 3-4.4; Ord. No. 9-96; Ord. No. 11-00]
The Borough Council shall designate a local physician who shall assist in the official capacity of Police Physician. The Police Physician shall examine all members of the Police Department or appointees to the Police Department whenever requested by the Police Commissioner or the Police Chief, and shall report in writing the result of such examinations, with his opinion as to the physical fitness for the police work of the person examined. The Police Physician shall be called whenever the services of a physician are required, to examine or administer to a person then in custody of the Police Department. In case of the unavailability of the Police Physician, during an emergency, any local physician may be called upon to assist in his place at the discretion of the Police Commissioner, Police Chief or the senior officer on duty.
[Ord. No. 484; Ord. No. 510; 1972 Code § 3-4.5; Ord. No. 32-89; Ord. No. 11-00]
No person shall be appointed as a member of the Police Department, unless he:
a. 
Shall be a citizen of the United States;
b. 
Shall be not less than 18 years of age;
c. 
Shall be of sound body and in good health. He shall be certified (at his own expense) by the Police Physician that he is in good health, and that his hearing and eyesight and general physical condition are such that he is physically capable of performing the duties required of him;
d. 
Shall be able to read, write and speak the English language understandably;
e. 
Shall be of good moral character. No person shall be appointed who has been convicted of any crime involving moral turpitude which, in the judgment of the Borough Council would be prejudicial to the morale of the Police Department;
f. 
Shall have successfully completed four years of accredited high school work or the equivalent of private, vocational or other school credits;
g. 
Shall have filed a verified application on forms furnished by the Borough Council with all questions answered within the time period fixed by the Borough Council.
[Ord. No. 96-25; Ord. No. 11-00]
a. 
Classification of Applicants.
1. 
Before any person shall be appointed as a member of the Police Department, the Mayor and Council shall classify all the duly qualified applicants for the position or positions to be filled in the respective departments, in the following classes:
Class I: Residents of the Borough of Keyport.
Class II: Other residents of Monmouth County.
Class III: Other residents of the State of New Jersey.
Class IV: All other qualified applicants.
Residency shall be determined as of the time of application and said residency shall be required to be in effect at time of appointment.
2. 
Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to the Borough of Keyport, who fulfill the requirements of N.J.S.A. 40A:14-123.1, and who thereby are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.
b. 
Appointments by Classification. In making such appointments, the Mayor and Council shall first appoint all those in Class I and those in each succeeding class in the above order listed and shall appoint a person or persons in such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
c. 
Lists To Be Separate and Successive. The classes of qualified applicants defined in paragraph a, 1 shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section make such certifications from said classes separately and successively and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
d. 
Provisions Applicable to Initial Appointments. This subsection shall apply only to initial appointments and not to the promotional appointments of persons already members of the Police Department.
e. 
Temporary Appointments. In making temporary appointments, the Mayor and Council may utilize the classifications set forth in paragraph a,1 and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
[Ord. No. 1-05]
a. 
Position. The position of Police Department Chaplain is hereby created.
b. 
Qualifications. The Police Department Chaplain shall be an ordained member of the clergy in good standing in the religious body or organization serving the Borough of Keyport from which he or she was selected.
c. 
Rank and Salary. The Police Department Chaplain shall serve without rank or salary for a period of one year, ending December 31st.
d. 
Duties. The duties of the Police Department Chaplain may include, but are not limited to:
1. 
Being called to the scene of a traumatic incident to provide comfort to victims, families of victims, and officers involved;
2. 
Notifying next-of-kin in the event of the death or serious injury to Department members or family members;
3. 
Offering follow-up assistance to victims of crisis;
4. 
Furnishing referral or resource assistance to Department members or family members;
5. 
Counseling either individuals or families of Department members experiencing stressful situations;
6. 
Giving confidential counsel to police personnel;
7. 
Being available to families of officers in traumatic situations;
8. 
Providing personal or family counseling to Department members;
9. 
Helping with Critical Incident Street Debriefing to first responders;
10. 
Providing training for crisis intervention and participating in defusing and debriefing sessions as requested;
11. 
Presiding at weddings/funerals or other religious events as requested;
12. 
Visiting sick or injured department employees;
13. 
Conducting invocations at Department functions such as awards ceremonies, building and facility dedications, or at any other appropriate event;
14. 
Organizing and conducting events designed to enhance morale and well-being of Department members and their families; and
15. 
Fulfilling other functions deemed appropriate or requested by the Department.
[Ord. No. 484; 1972 Code § 3-5.1; Ord. No. 2-80; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11]
a. 
The Police Chief shall be the commanding officer and head of the police force and shall be directly responsible to the Appropriate Authority for the efficiency and routine day to day operations thereof. The Police Chief shall possess, at the time of appointment, such education, experience, licensing, knowledge and abilities as deemed appropriate by the Mayor and Council. The Police Chief shall, pursuant to policies established by the Appropriate Authority:
1. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
2. 
Have, exercise and discharge the functions, powers and duties of the force;
3. 
Prescribe the duties and assignments of all subordinates and other personnel;
4. 
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
5. 
Report at least monthly to 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.
b. 
In addition, the duties of the Police Chief are as follows:
1. 
General responsibility for the proper administration of the Police Department.
2. 
Analyze the police problems of the Borough.
3. 
Determine the internal organization of the Police Department subject to the approval of the Mayor and Council.
4. 
Prepare and recommend rules and regulations for adoption by Borough ordinance pertaining to the governance of the department and the discipline of its members. Until such rules and regulations are adopted, all existing rules and regulations shall remain in full force and effect.
5. 
Plan, organize, direct and coordinate the Police Department activities so as to make the best use of the available funds, personnel, equipment and supplies.
6. 
Conduct surveys and initiate plans for the development, improvement and/or reorganization of the Police Department.
7. 
Establish policies and objectives.
8. 
Prepare the police budget.
9. 
Determine means for evaluating Police Department effectiveness.
10. 
Insure that all members of the Police Department are properly trained and deployed in accordance with the needs of the municipality. Through the establishment of policy, provide needed advice and assistance when difficult and unusual problems arise, ensure that proper procedures are followed, that reasonable standard of workmanship, conduct and output are maintained and that desired police objectives are achieved. Superior officers shall be held accountable for policies established under this subparagraph.
11. 
Insure that available communication facilities are properly used in compliance with Federal and State law and established guidelines.
12. 
Take the lead in establishing and maintaining helpful and cooperative relations with civic, recreation and business organizations, school and court officers, police authorities in other jurisdictions and others interested in the maintenance of law and order.
13. 
Establish that police protection and assistance is provided to the general public.
14. 
Recommend to the Mayor and Council the hiring, discharge and discipline of the members of the Police Department and civilian employees of same as deemed necessary.
15. 
Evaluate the performance of, and set goals for, personnel on a yearly basis and when completed, forward same to the Police Committee for review purposes only. Said evaluation of the prior calendar year shall include, but not be limited to, all commendations, current certifications, disciplinary measures, educational accomplishments, professional and educational goals and recommendations. Such evaluation shall have been reviewed and signed by both the Chief and employee. Appropriate areas shall be provided for comments by the employee and the Chief.
16. 
Make provisions for police protection and assistance at the time and places when appropriate.
17. 
Establish policies for the investigation and disposal of allegations of improper conduct against all personnel.
18. 
Prepare and supervise the preparation of reports, as directed by the Mayor and Council.
19. 
Establish policies for the establishment and maintenance of needed records and files as provided for by Federal and State law.
20. 
Provide a method for a readily available reserve force that will adequately meet any demands or emergencies that may arise.
21. 
Recommend appointments and promotions in accordance with requirements of the Civil Service Law and Rules pursuant thereto.
22. 
Conduct tours periodically (weekly or more often at his discretion) at irregular hours, both day and night, for the purpose of noting the efficiency and discipline of members in the performance of their duties and provide written reports of findings to the Mayor, the Police Commissioner and the Police Committee.
23. 
Attend, at the request of the Mayor, the majority of the Council, or the Business Administrator, any public Council Meeting or, in his absence (with cause) and with the approval of the requesting party, assign this task to a ranking subordinate officer, for the purpose of responding to all questions concerning police matters.
24. 
Certify or cause to certify the correctness of all bills, vouchers and payroll relating to the Department, and maintain an accurate account or procedure for monitoring all supplies ordered by and delivered to Police Headquarters.
25. 
Submit to the Police Commissioner, monthly reports of (1) names of all persons absent from duty and cause of absence, if known and (2) any change of residence on the part of an individual member or members, (3) copy of monthly uniform crime sheet.
26. 
Keep fully and accurately informed of all meetings within the Borough likely to attract large numbers of persons and if necessary, insuring the presence of adequate police service at such assemblages.
27. 
Supervise and establish the procedures for the preparation and presentation of all official matters involving the Police Department in court and providing for attendance of all necessary witnesses and members.
28. 
Cause immediate investigation to be instituted and written reports to be submitted to the Police Commissioner in all cases involving personal injury or damage to property whereby the Borough may be claimed to be liable.
29. 
During change of season, and in conformance with weather conditions, prescribe standards for uniforms in conformity with his best judgment.
30. 
Establish policies for direct compliance of the department's members with the established Federal and State laws in compliance with the guidelines and policies of the Attorney General and the County Prosecutor's Office.
31. 
Serially record and date all orders issued by him, and cause same to be distributed throughout the Department and to the Police Committee and the Borough Administrator.
32. 
The Chief shall inform the Mayor, or in his/her absence, the Council President and the Police Commissioner, of any occurrence that involves death, life-threatening injury, or imminent threat to public safety, within a reasonable time.
33. 
Respond in writing, or by other such communications as are acceptable to all, to directives of the Mayor and Council, the Police Commissioner and/or the Police Committee.
34. 
The Chief, or his/her designee, shall forward within 24 hours or by the next business day, a detailed report of all written findings by Police Department personnel of those items found with reference to subsection 3-5.6a, 15 and 16, to the Borough Administrator for the purposes of corrective action.
35. 
The Police Chief, or his/her designee, shall maintain records detailing all false alarms, as defined by Section 4-13. A monthly summation report shall be forwarded to the Police Commissioner.
36. 
The Chief, or his/her designee, shall record and review on a daily basis, the mileage readings of each vehicle used by each shift. A quarterly review shall be made to arrive at an average shift rate of usage, broken down by day (not date) of the week and by shift designation. A comparison of the previous quarterly mileage averages for the two prior quarters shall be made and evaluated. This evaluation shall be rendered in report form and given to the Police Committee on a quarterly basis.
37. 
The daily report shall include the name of Department employee to whom the vehicle was assigned and the time parameters of assignment. A total number of miles for each shift vehicle shall be noted. A comment area is to be provided and filled out by the shift commander for any abnormal daily mileage total reported on any vehicle assigned to his/her shift, explaining such abnormality. An abnormal rate of usage shall be defined as 10% or more difference from the most recent quarterly average for that shift. A copy of this signed daily report shall be forwarded to the Borough Administrator on a daily basis.
38. 
Upon receipt of notification of results from any legally empowered testing agency for any vacancy that exists within the Police Department, the Chief shall coordinate with the Borough Administrator and make available to all members of the Governing Body, at least one week prior to any interview(s) of final candidates, copies of the entire contents of any existing personnel file, and/or background checks, of said candidate(s) for the Governing Body's review. This shall apply to all positions within the Department, both civilian and policing.
39. 
As may be required by law, he shall establish notification procedures for the occurrence of certain events including:
(a) 
Any homicide, serious crime of violence against the person, or death of suspicious nature, whether occurring during the night or day;
(b) 
Any major crime on any premises licensed for the sale of alcoholic beverages;
(c) 
The recovery of any out-of-state registered motor vehicle reported as stolen;
(d) 
The damaging of any County property such as signs, bridges, etc., as a result of automobile accident or other cause;
(e) 
Any occurrence of murder, fatality (other than suicide or traffic accident), major fire, disaster, riot or similar event.
40. 
Any other act, duty or responsibility required by or consistent with the title of Police Chief.
The Police Chief shall be considered to be on duty at all times. He shall not leave the Borough for any extended period of time without first notifying the Police Commissioner and requesting special leave of absence.
[Added 6-20-2017 by Ord. No. 9-17]
a. 
The position of Police Captain is an administrative position exempt from the provisions of the Fair Labor Standards Act.
b. 
The Police Captain shall perform all duties required of them to be performed by the Police Chief, under the Chief's supervision.
c. 
The Police Captain shall be responsible for the training and efficient of all members of the Department.
d. 
The Police Captain shall, whenever and to the extent ordered by the Police Chief, assist the Police Chief in any and all duties and act as ranking official in the absence of the Police Chief.
[1]
Editor's Note: Former Subsection 3-5.2, Authority and Duties of a Police Captain, previously codified herein and containing portions of Ordinance Nos. 484, 9-96 and 11-00, was repealed in its entirety by Ordinance No. 15-11.
[Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11]
The duties of a Police Lieutenant are as follows:
a. 
The duties of the Police Lieutenant should include assuming the duties of Police Sergeant, as per Subsection 3-5.4, when assigned to a tour of duty with the Patrol Division.
b. 
The duties of the Police Lieutenant should include assuming the duties of Police Sergeant, as per Subsection 3-5.4.
He shall also have charge of all records books, charts, files and other forms of office equipment in the custody of the Patrol Division and shall be responsible for the proper and efficient care of keeping of them.
c. 
The Police Lieutenant will be in charge of police vehicle maintenance, scheduling all of these vehicles for monthly maintenance, and the ordering of related supplies of the vehicles.
d. 
The Lieutenant may also be assigned to maintaining the orderly conduct and professionalism of all sergeants and patrolmen. This includes neatness of uniforms and personal cleanliness.
e. 
The Lieutenant will also be assigned to oversee the police dispatchers, seeing that there is uniformity in the typing of complaints, seeing that the proper headings are used, and that all necessary information is obtained.
f. 
The Lieutenant will be responsible for the dress code of all police dispatchers.
g. 
The Lieutenant shall perform all duties required by him to be performed by the Police Chief and under his supervision, and, to the extent appropriate and/or ordered by the Police Chief, assist the Chief in all duties.
h. 
All qualifications of the Lieutenant will comply with the qualifications set forth by the New Jersey Department of Personnel.
i. 
In the absence of the Police Chief or his superior officer, he shall inspect or cause to be inspected, all supplies for quantity and quality and shall make an accurate record of them.
j. 
He shall be responsible for the control of the parking stalls designated "Police Cars Only," and shall see that departmental personnel while on duty do not park private vehicles in such location.
k. 
He shall be responsible for the safekeeping, security and issuance of arsenal and related equipment at Police Headquarters.
l. 
The Lieutenant shall make such intradepartmental assignments, under the supervision of the Chief, as shall be appropriate for the efficient operation of the Department.
[Ord. No. 484; 1972 Code § 3-5.3; Ord. No. 9-96; Ord. No. 11-00]
The duties of a Police Sergeant are as follows:
a. 
Read all orders issued by higher authority and relay such orders to all personnel.
b. 
Promptly investigate any dereliction of duty, charge of improper conduct or any violation of rules and regulations on the part of any member of the Department. He shall promptly submit to the Police Chief the detailed reports of the results of such investigation.
c. 
Make frequent and regular inspections of the personal appearance of each member of the Department, condition and neatness of uniform, personal fitness for duty, and inspection of weapons, ammunition and other equipment to insure cleanliness, neatness and efficient service.
d. 
He shall be responsible for the acceptance of reports and for requiring that proper reports be submitted or if improperly submitted, corrected immediately.
e. 
Be responsible for the supervision, custody and proper completion of accident and other reports and records by the individual patrolmen under his supervision.
f. 
In addition to his other duties, a Police Sergeant shall perform such duties as may be required of him as Desk Officer for administrative work. He may also be required to perform routine patrol work when necessary.
g. 
Investigate all complaints which shall be referred to him for investigation by higher authority and shall also investigate all complaints made to him personally while on his tour of duty and shall, where possible, interview complainants for the purpose of obtaining as complete an investigation as possible. He shall promptly submit to the Police Chief the detailed reports of the results of such investigation.
h. 
If any member, while on duty, is noted to be absent or fails to make his scheduled calls, he shall immediately investigate to determine the cause. He shall also immediately advise the Police Chief of his findings in this matter and submit a written report.
i. 
When assigned to patrol duty, in addition to his duties as officer-in-charge of the tour of duty, he shall respond to all radio calls of a nature that might require his presence, or the presence of a superior officer, whether or not they involve the particular area of his patrol.
j. 
A Police Sergeant shall have supervisory powers over all persons operating under his chain of command when he is assigned to be in charge of a particular tour of duty.
k. 
He shall receive and record any initial complaint made against any member of the Police Department and forward same to the Internal Affairs Bureau.
l. 
He shall be responsible for the custody and treatment of all prisoners permitting no unnecessary violence to them.
m. 
He shall cause all moneys and other valuables taken from any prisoner to be placed in appropriate envelopes provided for that purpose, recording the required information on the face of the envelope. All property and articles taken from a prisoner at the time of arrest, except that deemed necessary to be held in evidence, shall be returned to the prisoner before leaving headquarters, a proper receipt for them being obtained and appropriately recorded.
n. 
In all cases of an arrest made under the disorderly persons statute, he shall advise the Police Chief in order to insure a thorough investigation and the Police Chief shall make any required investigation prior to release or bail.
o. 
He shall cause all persons confined to prison to be thoroughly inspected prior to placement in detention cells.
[1]
Editor's Note: Former Subsection 3-5.5, Authority and Duties of a Police Detective Sergeant, previously codified herein and containing portions of 1972 Code § 3-5.4 and Ordinance Nos. 484, 6-75, 9-96 and 11-00, was repealed in its entirety by Ordinance No. 15-11.
[Ord. No. 484; Ord. No. 6-75; 1972 Code § 3-5.5; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11]
a. 
The duties of a patrolman and police detective are as follows:
1. 
A patrolman or police detective shall have such regular hours of duty as may be prescribed and when assigned to special duty he will promptly and thoroughly perform such special duty as may be ordered. An officer assigned as Detective shall investigate all matters which shall be referred to him for investigation by higher authority and shall keep complete and accurate details of such investigation in written form and will perform such duties as required or assigned by the Police Chief or his designee.
2. 
Each patrolman or police detective shall, when assigned to a post, faithfully, diligently and alertly patrol every part to the limits thereof, until the expiration of his respective tour of duty. He must not idle, sit, lounge or loaf thereon. When required to interrupt his regular patrol for the purpose of rendering attention or assistance to any complainant, the arrest of any offender, or other police emergency, he shall attend to such duties with business-like dispatch. Upon satisfactory completion of same, he shall resume traversing his post in the prescribed manner.
3. 
He shall, in no case, refuse to give assistance for the protection of persons or property near his post, if called upon in an instance requiring immediate attention, but shall return to his own post as soon as possible, thereupon reporting the matter to the desk officer.
4. 
He shall patrol his post in an open and public manner and shall not patrol, on or in, any unauthorized conveyance.
5. 
He shall alertly observe what takes place in sight or within hearing and report all violations of laws or ordinances, or suspected violations, which are his duty to enforce.
6. 
He shall furnish information and render aid to any person requesting the same, as may be consistent with his duties. At such times, he shall give his name and badge number in a respectful manner to all persons civilly requesting this information.
7. 
He shall, when any disturbance occurs within his post confines or in the immediate vicinity, instantly proceed to the scene, using his best efforts to restore peace and good order.
8. 
He shall report promptly for duty and not later than 15 minutes prior to his scheduled duty assignment and at such times he shall be correctly and neatly attired, sufficiently equipped and in fit condition for efficient service.
9. 
He shall examine daily, the bulletin board before being posted to his respective tour of duty and shall be responsible for noting all orders or information contained thereon.
10. 
In case of sickness or injury rendering him unable to report for his scheduled tour of duty, he shall, not later than two hours prior to such duty tour, report such anticipated absence to the desk officer on duty.
11. 
He shall report to the desk officer the existence of the carcass of any animal observed in a public street, lot or any public place for the purpose of having the carcass removed.
12. 
He shall, when notified by a superior officer of any dereliction or neglect of duty, immediately explain the facts to the superior officer. If ordered to submit a written report to the Police Chief, he shall comply with the order promptly, leaving the report with the senior officer on duty.
13. 
He shall pay particular attention to any unoccupied dwellings and buildings on his respective post, protecting this property from theft and damage and he shall notify property owners and Borough officials in case of storm which may destroy property.
14. 
He shall be expected to know the boundaries and confines of each post whether designated as traffic or patrol car posts and all pertinent and relevant information.
15. 
He shall note all street and sidewalk obstructions and hazards, removing them when practicable. All hazardous conditions not readily corrected shall be reported to the desk officer immediately. In cases of flagrant violations on the part of property owners, merchants or contractors, he shall submit and file a separate report citing the violation observed. In cases of debris, garbage or other offensive matter thrown into a public street (including sidewalks) he shall forthwith give verbal notice to the offender to remove same and if not obeyed immediately, he shall file a formal complaint.
16. 
He shall observe electric street lights noted to be out of order and report this to desk officer.
17. 
During the hours of darkness and subsequent to the closing of business establishments, he shall carefully examine and physically check all doors and windows to determine if they are properly secured and shall investigate at once anything unusual that is discovered, summoning any necessary assistance from headquarters as soon as practicable.
18. 
He shall when responding to all calls of duty, proceed via the shortest and most convenient route. When assigned to a police vehicle, he shall operate it carefully and with due regard to the safety of all persons and property concerned.
19. 
Any patrolman assigned to radio patrol car will remain in service and within radio contact with headquarters at all times unless otherwise excused or assigned.
20. 
He shall inventory the equipment contained in each vehicle to which he is assigned at each change of duty tour and shall be held responsible for the good condition and safety of this equipment. A report shall be submitted immediately to the shift supervisor concerning any equipment noticed to be out of order, damaged or missing, and the pertinent facts concerning the same.
21. 
A patrolman on radio car patrol required to be out of service for any reason, shall advise the radio dispatcher to this effect, together with the location of the vehicle. He shall advise the radio dispatcher immediately upon the vehicle being returned to service.
22. 
Prior to termination of a tour of duty he shall cause any police vehicle to which he shall be assigned to be serviced and shall cause the gasoline and oil supply to be replenished as required, and the interior of the vehicle to be placed in a tidy condition. He shall sign for the car and give license plate number, speedometer reading and car number.
23. 
He shall carry with him while in a radio patrol vehicle a writing board, complete with paper, for the purpose of recording all calls, alarms, messages and other pertinent information relative to his duties.
24. 
Each patrolman assigned to radio patrol car shall remain within the boundaries and confines of his respective police post unless otherwise directed by the radio dispatcher or desk officer and shall not leave Borough limits without permission of the shift supervisor.
25. 
Patrolmen operating police vehicles shall not use sirens unnecessarily.
26. 
Each radio patrol car shall be operated at a slow rate of speed while on routine patrol, and must conform to all traffic regulations.
27. 
All reports subsequent to investigation shall be written and prepared by the radio car patrolman upon whose post the investigation was conducted providing the patrolman was present on the scene. When two or more police vehicles are dispatched to the scene of investigation, other participating personnel shall obtain such information as may assist in the final preparation of the report. Investigations shall be followed through to completion.
28. 
Each patrolman assigned to radio equipped patrol vehicle, when called by vehicle designation or identification number shall respond by giving the number of his vehicle. Time signals shall be dispatched from headquarters every half-hour on the hour and on the half-hour.
29. 
No patrolman shall leave his assignment during his tour of duty unless it is on official police duty or unless for specific authorized reasons. When leaving such assignment, he shall report to the desk officer his location and telephone number.
30. 
Meal periods for patrolmen shall be as assigned by the desk officer or officer-in-charge and shall be limited to 1/2 hour. Where by reason of necessity, a patrolman is required to spend an assigned meal period away from his respective post he must procure express permission to do so.
31. 
Each patrolman in communicating over the air shall speak in a polite and proper manner making no disrespectful or sarcastic remarks or attempts at levity.
32. 
All messages between radio-equipped vehicles and headquarters shall be concise without omitting any important data.
33. 
No patrolman assigned to radio car patrol is permitted to transport any unauthorized person or persons in his vehicle.
34. 
He shall periodically inspect and replenish as need be, first aid equipment in each individual kit.
[Ord. No. 484; 1972 Code § 3-5.6; Ord. No. 9-96; Ord. No. 11-00]
The officer-in-charge of the Patrol Division shall be determined first by rank, then by seniority, of those officers assigned to the Patrol Division on duty. The duties of the officer-in-charge of the Patrol Division are as follows:
a. 
Subject to the orders of the Police Chief, the officer-in-charge of the patrol division shall have such hours of active duty as may be prescribed and he shall be available for duty at any time his presence may be required.
b. 
The officer-in-charge of the patrol division shall periodically make recommendations to the Police Chief as he shall deem it advisable for securing the maximum efficiency in the enforcement of motor vehicle laws and regulations, the orderly movement of traffic, the prevention of accidents and the protection of life and property. He shall, in addition, submit daily to the Police Chief any reports concerning his division which may be required by him.
c. 
The officer-in-charge will also be assigned to maintaining the orderly conduct and professionalism of all sergeants and patrolmen. This includes neatness of uniforms and personal cleanliness.
[Ord. No. 484; 1972 Code § 3-5.7; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 15-11]
a. 
The duties of the Communications Operator are hereby prescribed as follows:
1. 
He shall remain at a designated post during the assigned period of time and shall in the discharge of his duties act in a dignified, courteous and proper manner.
2. 
He shall remain at the desk until properly relieved unless otherwise required to leave temporarily in the performance of his duties, or for reasons of personal necessity. When such necessity to leave his post shall arise for any reason, he shall have authority to assign a competent member of the Department to assume charge in his absence.
3. 
He shall properly enter on the prescribed databases, books and forms, a record of all police business affecting the Department as occurring or reported during his respective tour of duty. He shall further take the necessary and proper action thereon and will be responsible for the preparation of all reports in connection therewith.
4. 
He shall not permit any unauthorized persons behind the desk.
5. 
He shall permit only persons having official business to be allowed in, or remain in or about the headquarters.
6. 
He is charged with the responsibility of periodically inspecting all cells and cell blocks seeing that they remain locked when not actually in use.
7. 
He shall allow no unauthorized person to enter the cells.
8. 
He shall not permit any intoxicant to be brought within the headquarters except such items as are marked and confiscated as evidence.
9. 
He shall cooperate with all Borough departments and authorized law enforcement agencies not inconsistent with his duties and will be responsible for the prompt transmission to the departments or agencies of all reports received concerning them through official channels.
10. 
He shall properly record all complaints, regardless of nature, obtaining as much relevant data as necessary.
11. 
He shall make prescribed entries in the radio log relating to time dispatches, vehicle, designation number, signal or nature of call and destination or location.
12. 
He shall assign any required uniform personnel to investigate any and all complaints.
13. 
He shall dispatch or cause to be dispatched all local alarms via police radio in respect to stolen autos, police information, wanted persons, etc.
14. 
He shall mail or cause to be mailed, a postcard acknowledgment of the monthly tests of the Civil Defense Attack Warning System to the County coordinator.
15. 
He shall record radio time signals in the radio log.
16. 
He shall follow the notification procedures established by the Chief pursuant to subsection 3-5.1b, 38.
17. 
He shall properly record the following information.
(a) 
Time, division or section, name and rank of each member reporting for duty, or leaving headquarters upon completion of duty tour.
(b) 
Departmental member reporting sick, injured or otherwise being incapable of reporting for duty.
(c) 
Record of all test warnings, as authorized by the New Jersey Department of Civil Defense.
(d) 
Unsafe road surface conditions.
(e) 
All incoming patrol and telephone calls and responses pertaining to official police matters.
18. 
He shall immediately file with the Police Chief and Police Lieutenant or the Officer-in-Charge any violation of these rules and regulations made by any member of the Police Department.
19. 
He shall submit to the Police Chief a report of any case involving injury to departmental personnel or damage to Borough property or equipment.
20. 
He shall record in records provided for such purpose pertinent data relating to impounded motor vehicles ascertaining as far as possible the ownership of the vehicle and conveying this information to the Police Chief.
21. 
He shall be responsible for seeing that no vehicle shall be released without written authorization from the impounding officer.
22. 
He shall be familiar with and governed by, the rules and regulations of the Federal Communications Commission relating to the duties of radio dispatcher and he shall be responsible for seeing that any person performing these duties while he is on duty shall be likewise informed.
23. 
He shall be responsible for the keeping of proper records for reception, distribution and all forms used in the filing of all alarms and messages.
24. 
He shall be responsible for the courteous answering of telephone calls at Police Headquarters and control outgoing and intra-departmental personal calls to a minimum in number and duration.
25. 
He shall be responsible for itemizing and taking all found property, turning any moneys or jewelry over to the Police Chief for safe keeping and making proper records of same.
26. 
He shall be responsible for the transmission of all police alarms, messages, and other information with accuracy, speed and conciseness.
[Ord. No. 9-96; Ord. No. 11-00]
The Mayor and Council may appoint from time to time special law enforcement officers in accordance with New Jersey Statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Police Chief may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department including the carrying of firearms and the power of arrest.
[Ord. No. 484; 1972 Code § 3-6.1; Ord. No. 19-86; Ord. No. 32-89; Ord. No. 12-93; Ord. No. 21-93; Ord. No. 9-96; Ord. No. 11-00; Ord. No. 9-01; Ord. No. 17-02; Ord. No. 33-02]
a. 
The general rules shall be as follows:
1. 
Each officer shall read, be thoroughly familiar with, and strictly comply with, all rules and regulations as set forth in this Chapter and any amendment or supplement.
2. 
No officer may accept or engage in outside employment without express written consent of the Police Commissioner and the Police Chief. Such approval will be granted only if it is shown that the outside employment will not interfere with the proper performance of the officer's duties.
3. 
Each member will familiarize himself with Federal and State laws and Borough ordinances which may be related to the intelligent performance of his duties.
4. 
Each officer must, whether on duty or off, conduct himself in a quiet, civil and orderly manner, maintaining decorum, command of temper and exercising patience and discretion as the occasion may require.
5. 
Members shall refrain from interfering with civil cases except where necessary to prevent a breach of peace, or to quell a disturbance actually commenced.
6. 
No member shall be permitted to solicit for, or suggest, or recommend any attorney and no member shall become surety for any person arrested for a crime, nor to release a prisoner from custody except as may be provided by law.
7. 
Members are prohibited from acts of participation in politics other than the exercise of the right of suffrage.
8. 
No member shall be allowed to receive any present, gift, or gratuity from any other member of the Department or from any member of the public except upon retirement from the Police Department, or as authorized by the Mayor and Council and Police Chief.
9. 
No member shall solicit funds or contributions of any kind by mail, telephone, letter or in person, other than pursuant to the provisions of N.J.S.A. 2A:170-20 of the Disorderly Persons Statute.
10. 
No member shall issue or cause to be issued so called "Courtesy Cards" or similar credentials of like nature.
11. 
Every member shall report to the Construction Official any violations of the Borough Building Code which may come to his attention.
12. 
Each member of the Department, when required to give testimony or make any official disposition or statement, shall give such testimony or make such statement, clearly and truthfully stating all information the member may have with respect to the nature of the inquiry.
13. 
Each member is required to report his respective place of residence to the Police Chief (through his commanding officer) and shall notify him in writing of any change of address within 24 hours, and each member is required to maintain telephone service at the place of residence in order that he may be promptly contacted when necessary.
14. 
Each member shall promptly turn over to the desk officer, any lost or stolen property that comes into his possession.
15. 
No member of the Department shall bring, cause or permit to be brought, any intoxicating liquor or beverage into a departmental building or vehicle except in the performance of police duties.
16. 
It shall be the duty of each officer to keep under constant surveillance, any person in his custody, after he has been arrested, at all times prior to his being placed in a proper detention cell, taking such steps as shall be reasonably necessary to prevent an escape or to cause physical injury to the officer.
17. 
All officers shall be required to report in writing to the Police Chief, through the desk officer, any cases of damage of Borough property, including Police Department equipment, this report being in addition to the one submitted by the investigating officer or injured Department member as the case may be.
18. 
Every officer is required to give immediately and promptly, their courteous attention to any complaint made in person or by telephone, making reasonable efforts to satisfy the complainant.
19. 
Every member shall act in a civil and respectful manner not only to the public but also to superior officers and to fellow officers.
20. 
Every member when reporting for duty must be neat in his personal appearance, with his dress, and in conformity with prescribed regulations, and all uniformed officers when on duty shall wear their respective shields on the outside of the outermost garment worn, over the left breast so that the entire surface of the shield is easily and distinctly seen.
21. 
Every member shall immediately report loss of any shield or other insignia of office to the Police Chief.
22. 
No member shall, while in uniform, carry any large bundle, package, umbrella, etc. on public streets, except when necessary in performance of duty.
23. 
Every member of the Department shall be required to obtain a driver's license from the State of New Jersey, and to maintain it in force as a condition for continued employment.
24. 
Any officer, receiving a subpoena, returnable before the Grand Jury or in any court litigation, shall, prior to the date of appearance, review all departmental records and reports relating to the case in which he has been subpoenaed, for the purpose of familiarization, and should review the matter with the detective division personnel if that division is concerned.
25. 
Every member shall refrain from taking any alcoholic beverages within eight hours of the time he reports to duty.
26. 
The various employees of the Police Department of the Borough of Keyport, in the County of Monmouth and State of New Jersey who perform work during off-duty hours for any independent contractor or commercial establishment working in the Borough of Keyport shall be compensated within the following ranges, based upon their positions with the Police Department, as to be determined from time to time by resolution of the Mayor and Council, as follows:
Police Department
Chief or Captain
$35 to $50 per hour
Lieutenant
$35 to $50 per hour
Sergeant
$35 to $50 per hour
Patrolman First Class
$35 to $50 per hour
Patrolman Second Class
$35 to $50 per hour
Patrolman Third Class
$35 to $50 per hour
Detective Sergeant
$35 to $50 per hour
Detective
$35 to $50 per hour
Special Police Officer
$35 to $50 per hour
Administrative fee (for processing payroll and related matters, equipment and insurance)
$10 to $20 per hour
For purposes of this section, independent contractor or commercial establishment shall be deemed to include any business or work establishment within the Borough of Keyport, which may be temporary, permanent or seasonal, in which Borough equipment (police vehicle) is utilized with respect to work performed during off-duty hours by various police personnel. For purposes of this section, the Board of Education shall not be construed to constitute an independent contractor or commercial establishment for police personnel engaged in off-duty work.
[Ord. No. 484; 1972 Code § 3-6.2; Ord. No. 32-89; Ord. No. 9-96; Ord. No. 11-00]
Members of the Police Department, regardless of rank, shall be subject to disciplinary action, according to the nature or aggregation of the offense, for violating their oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or municipal ordinances; or for failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment; or for violations of any general order or rule of the Police Chief or the commanding officer. Disciplinary action in all cases will be decided on the merits of each case.
a. 
Intoxication at any time.
b. 
Conduct and language unbecoming to a police officer and gentleman.
c. 
Disrespect to a superior.
d. 
Absence without leave.
e. 
Leaving his beat or assignment without good reason.
f. 
Unnecessary violence to a prisoner or person under arrest.
g. 
Refusal to pay his just debts.
h. 
Immorality, indecency or lewdness.
i. 
Frequenting, except on police business, any illegal gambling house, or house of prostitution.
j. 
Entering, while in uniform, any place where intoxicating beverages are sold, except in the discharge of his police duties.
k. 
Conviction of criminal law or penal ordinance.
l. 
Making known any proposed action or movement of the Police Department or contents of any order other than to persons immediately concerned in their execution.
m. 
Publicly commenting on the official action of a superior.
n. 
Failure to report a known violation of any law or ordinance of the Borough or accepting a bribe or favor as a consideration either for the performance or nonperformance of his duties.
o. 
Conduct subversive of good order and discipline of the Police Department.
p. 
Engaging in political activity other than to vote in any election.
q. 
Not properly patrolling post.
r. 
Violating rules and regulations governing the Police Department enacted pursuant to this Chapter.
s. 
Willful disobedience of orders.
t. 
Lack of energy or gross ignorance of the departmental rules and regulations.
u. 
Feigned illness to avoid police duty.
v. 
Violation of any criminal law.
w. 
Failure to attend drill or school of instruction at the time fixed, or whenever ordered.
x. 
Swearing falsely in application for appointment to the Department of Police, or to such other papers as require of him an affidavit in accordance thereto.
y. 
Soliciting anyone to intercede with the Police Chief, Business Administrator, Mayor, or member of the Borough Council, in relation to promotions, assignments, disposition of pending charges, or findings of a departmental trial, or other related matters.
z. 
Refusal to do duty, as assigned, or evading duty or performance as necessity requires, whether in uniform or not.
[Ord. No. 484; 1972 Code § 3-6.3; Ord. No. 11-00]
The foregoing enumerations shall not be deemed to preclude other rules of the Department which may be hereafter promulgated by resolution of the Borough Council, pursuant to the power granted in this Article.
[Ord. No. 484; 1972 Code § 3-6.4; Ord. No. 9-96; Ord. No. 11-00]
Charges against any regular police officer may be made by the Police Chief or Police Commissioner and shall be filed with the Borough Council within 10 days from date of the alleged offense and shall be made in writing and signed by the person making the charges. The Police Chief shall have the power to suspend any person charged, pending determination of the charge. Such determination shall be made through a fair hearing held before the Police Chief after which the Police Chief shall prepare a written statement of findings and present same to the person charged and the Mayor and Council.
a. 
Penalties. The following penalties may be assessed against any members or employee of the Police Department as disciplinary action:
1. 
Oral reprimand;
2. 
Written reprimand;
3. 
Suspension;
4. 
Demotion;
5. 
Removal from the Division.
b. 
Emergency Suspension. Any command or supervisory officer shall have the authority to impose emergency suspension until the next business day against a member or employee when it appears that such action is in the best interest of the Police Department.
c. 
Follow-up on Emergency Suspension. A member or employee receiving an emergency suspension shall be required to report to the Police Chief on the next business day at 9:00 a.m. unless otherwise directed by competent authority. The supervisory officer imposing the suspension shall also report to the Police Chief at the same time. Charges against such member or employee shall be brought pursuant to the procedures set forth in subsection 3-6.4 of this Chapter.
d. 
Reports of Disciplinary Action Taken or Recommended. Whenever disciplinary action is taken or recommended (except for oral reprimand), a written report must be submitted immediately in triplicate containing the following information:
1. 
The name, rank, badge number and present assignment of the person being disciplined;
2. 
The date, time and location of the misconduct;
3. 
The section number of the violated rules and common name of the infraction;
4. 
A complete statement of the facts of the misconduct;
5. 
The punishment imposed or recommended;
6. 
The written signature, badge number and rank of the preparing officer and his position in relation to the member being disciplined.
e. 
Distribution of Reports of Disciplinary Action. Reports shall be distributed as follows by the officer imposing or recommending the disciplinary action:
1. 
Original to the Police Chief through the chain of command;
2. 
Duplicate to subject's supervising officer;
3. 
Triplicate retained by officer imposing or recommending the action.
f. 
Enforcement and Forwarding of Disciplinary Reports. Each level in the chain of command must endorse and forward reports bearing on disciplinary matters. Such endorsement may be one of approval, disapproval or modification. No member or employee shall alter or cause to be altered or withdrawn any disciplinary report. Disciplinary reports in transit through the chain of command shall not be delayed but must be reviewed, endorsed and forwarded as soon as possible. Disciplinary reports shall be filed in accordance with current Department directives.
g. 
Informing the Person Being Disciplined. The member being disciplined shall be informed of the charges in writing as provided by N.J.S.A. 40A:14-147.
h. 
Appeals from Penalties. Appeals from penalties imposed as disciplinary measures may be taken before the Police Chief and shall be in accordance with the provision of N.J.S.A. 40a:14-147 to 151 inclusive and the procedures set forth in Chapter III of Revised General Ordinances of the Borough of Keyport, subsection 3-6.4 herein.
[Ord. No. 484; 1972 Code § 3-6.5; Ord. No. 9-96; Ord. No. 11-00]
Any member dismissed or resigned from the Department shall immediately surrender to the Police Chief his shield and other insignia of office together with all departmental property in his possession.
[Ord. No. 12-99; Ord. No. 12-06; Ord. No. 17-06]
a. 
Findings. The Mayor and Borough Council of the Borough of Keyport hereby find and declare as follows:
1. 
The Attorney General of the State of New Jersey and the Division of Local Government Services have determined that police officers of a municipal police department may, during their off-duty hours, engage in police-related activities for persons or entities, private or public. Pursuant to the laws of the State of New Jersey, a municipality may agree to implement a system whereby the off-duty assignments of police officers are arranged through a contract directly with the municipality and the person or entity seeking such service.
2. 
The contract between the municipality and person or entity, private or public, must include a plan whereby the compensation for off-duty contracted police services is paid through the office of the Chief Financial Officer, and that said compensation is placed in a special escrow fund to be established by the municipality, and that the proceeds of said fund will be disbursed through the office of the Chief Financial Officer to the individual police officers performing such services.
3. 
It is in the best interest of the Borough of Keyport to establish a procedure for the assignment of police officers for contracted off-duty police services which will allow for the greater protection of the citizens of the Borough.
b. 
Assignments. The Chief of Police shall be responsible for the assignment of all off-duty contracted police officers, and shall be responsible for submitting certified time slips to the office of the Chief Financial Officer who shall be responsible for the billing of all compensation due the Borough. The Chief of Police shall be authorized to designate a Captain as needed in the assignment of off-duty contracted police officers. The procedure for assignment of off-duty contracted police officers shall be as follows:
1. 
The Chief of Police shall establish a policy for off-duty work assignments.
2. 
The Chief of Police, or the Chief's designee, shall assign all off-duty contracted police officers pursuant to the policy for off-duty work assignments.
3. 
The Police Manual of the Borough of Keyport, its rules and regulations are hereby incorporated by reference into this section. In no event, however, shall an off-duty assignment interfere with Borough-related police assignments. No police officer shall be permitted to work more than 16 hours in two eight hour shifts in any given twenty-four-hour time period. No police officer shall be permitted to exceed the total number of hours of work, which shall include on-duty Borough police work and off-duty private contract work, in any given day or any given work cycle as set forth in the Police Manual, or any other law or regulation.
4. 
All requests for off-duty police assignments shall be referred to the Chief of Police for approval prior to the execution of any contract between the Borough and the person or entity, private or public. The Chief of Police or the Chief's designee may recommend any restrictions or modifications to be included in the contract whenever the health, safety, or welfare of the police officers, or residents of the Borough of Keyport warrant said restrictions. The Chief of Police or the Chief's designee may recommend denial of an off-duty assignment, or termination of a contract with a person or entity, whenever a determination is made that the assignment poses an unreasonable threat to the health, safety or welfare of the police officers or the residents of the Borough of Keyport.
c. 
Contracts with Persons or Entities. Any person or entity, private or public, desiring to retain the services of police officers of the Borough of Keyport for off-duty police-related activities shall be required to enter into a contract with the Borough of Keyport. 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 of services to the officers, administrative fees to the Borough of Keyport, and fees for the use of Borough-owned equipment.
The contract with said person or entity, private or public, shall provide for the deposit of monies in advance by the person or entity for the services to be performed. Should the contract call for a term exceeding one month, the person or entity shall be required to tender an estimated payment for the first month's services upon executing the contract, and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the office of the Chief Financial Officer shall upon termination of the contract and receipt of the final certified time slips, return all unused funds to the person or entity. The off-duty police officer shall not be compensated until the Borough has received the funds from the person or entity. Nothing in this section shall be construed as limiting the power of the Borough of Keyport to accept or reject any and all assignments with any person or entity.
In the cases of contracts exceeding one month, the person or entity, public or private, shall be required to update, not less than monthly, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment of services to the officers, administrative fees to the Borough of Keyport, and fees for the use of Borough-owned equipment in order to comply with this section.
Notwithstanding the above provisions, not-for-profit and charitable entities are exempt from the billing procedures and rate provisions of this subsection. Any assignment with not-for-profit and charitable entities are as per the agreed terms between the Borough and the not-for-profit and/or charitable entity.
d. 
Payment for Off-Duty Assignments.
[Amended 4-7-2015 by Ord. No. 10-15]
1. 
All persons or entities, private or public, shall be required to make all payments for off-duty assignments payable to the Borough of Keyport. All payments for off-duty assignments shall be forwarded to the Treasurer of the Borough of Keyport. The office of the Chief Financial Officer shall deposit all funds earmarked for payment of off-duty officers, collected from persons or entities, into a special escrow fund. The escrow fund shall be established for payment to members of the Police Department performing the off-duty services. All police officers shall be required to submit pay slips to the Police Chief or the Chief's designee. The pay slip shall be in a form approved by the Police Chief. Upon receipt of a properly executed pay slip verified by the person or entity, the office of the Chief Financial Officer will process the pay slips for disbursement. Provided the escrow fund for the person or entity has sufficient monies available, the members of the Police Department shall be paid for the off-duty services at the next regularly scheduled pay date. If there is insufficient monies available to pay all members of the Police Department who worked for the person or entity in question, for the pay period in question, the office of the Chief Financial Officer shall request additional funds for deposit into escrow prior to payment of the police officers.
2. 
All police officers shall be paid at an hourly rate of not less than $75 per hour. All off-duty assignments shall be for four hours at minimum.
3. 
Cancellation of off-duty assignments shall be made to the Police Chief, or the Chief's designee, no less than one hour prior to the commencement or a fee will be charged in an amount equal to the applicable hourly rate multiplied by the minimum amount of hours required multiplied by the number of officers requested.
e. 
Administrative Costs.
[Amended 4-7-2015 by Ord. No. 10-15]
1. 
In addition to the aforementioned fees to be collected by the Borough of Keyport from said person or entity, private or public, for the payment of said off-duty police officers, the Borough of Keyport shall collect an administrative fee of $5 per hour, per person, assigned to the said private entity. Said fee shall be used to offset the administrative costs associated with the assignment of Borough Police Officers.
2. 
In addition to the aforementioned administrative fee, said person or entity shall pay the Borough for the use or rental of any Borough equipment based upon the following pay scale:
(a) 
Police vehicle: $25 per hour.
(b) 
Flares: $2 each.
(c) 
Signage (i.e., signs, vehicle barricades, traffic cones, etc.): $1 per hour.
(d) 
Electronic signage:
(1) 
For each day or part thereof in excess of four hours: $200.
(2) 
For four hours or less in any day: $100.
f. 
Workers' Compensation Fund and Insurance.
1. 
Workers Compensation Fund. In addition to the aforementioned fees for administrative costs, as well as the fees for the hourly rate of pay for said police officers, said person or entity, private or public, wishing to employ off-duty police officers shall be required to pay the Borough of Keyport a separate fee of $5 per hour. This additional fee shall be used for the purposes of contribution to the Borough's Workers Compensation Fund.
2. 
Insurance. Each person or entity, private or public, who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining their own insurance coverage. Each person or entity shall be required to name the Borough of Keyport as an additional insured. Said insurance coverage shall include, but not be limited to general liability and automobile, and shall be in the amount of not less than $1,000,000 per occurrence, or $10,000,000 total aggregate. Said insurance coverage shall provide for coverage of any and all police officers, vehicles and/or equipment that is utilized in the off-duty assignment. Proof of said insurance coverage shall be provided to the Borough of Keyport and approved by the Borough Attorney as to form prior to the assignment of any off-duty police officers to said person or entity.
g. 
Emergencies. The Chief of Police, or his designee, shall have the authority to order any police officer, engaged in off-duty assignments within the Borough of Keyport, to respond to an emergency situation within the Borough of Keyport. The Chief of Police or his designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Borough of Keyport. In the event a police officer is assigned to an emergency situation, the Police Chief or his designee shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said person or entity, private or public, shall not be responsible for the payment of the officer's hourly rate, administrative fee, or any other fees to the Borough of Keyport until such time as such police officer and/or equipment returns to the assignment with the off-duty employer.
h. 
Indemnification. Any person or entity, private or public, requesting the services of off-duty police officers shall indemnify the Borough of Keyport for any and all damages which may arise from the off-duty police officer's employment by said private person or entity.
i. 
Failure to Comply. Any person or entity, private or public, which fails to comply with this section shall cease operations at the direction of the Police Chief, or the Chief's designee.
j. 
Severability. If any subsection or paragraph of this section shall be declared to be invalid, unconstitutional or inoperative, in whole or in part, by any Court of competent jurisdiction, this entire section shall be deemed void.
[Ord. No. 5-94; Ord. No. 11-00]
a.
Fingerprinting by the Detective Bureau
$10 per set up to 3 cards
b.
Copying of still photos:
1 to 10 photos (35 mm):
$10 per photo
11 to 20 photos (35 mm):
$5 per photo
Over 20 photos (35 mm):
$2 per photo
c.
Copy of audiotapes, 90 minute cassette tape, requestor supplies blank tape:
$50 per tape
d.
Copy of videotape, requestor supplies blank tape:
$100 per tape
e.
Accident reports:
$1 per page
[Added 11-20-2012 by Ord. No. 21-12]
There is hereby established within the Borough of Keyport an auxiliary police force to be known as the Keyport Auxiliary Police Force. This is a volunteer organization whose members shall be unarmed.
[Added 11-20-2012 by Ord. No. 21-12]
The number of members of the Keyport Auxiliary Police Force is not to exceed 15, which members are to be appointed by, and serve at the pleasure of, the governing body. Before assuming the duties of his/her office, each member shall take and subscribe to the oaths set forth in N.J.S.A. 41:1-1 et seq., which oaths shall be filed with the clerk of the municipality in which each such member resides.
[Added 11-20-2012 by Ord. No. 21-12]
In order to qualify for consideration as a member of the Keyport Auxiliary Police Force, each applicant shall:
a. 
Be a resident of Monmouth County, with preference to residents of the Borough of Keyport and, alternatively, to residents of municipalities in the vicinity of the Borough that do not maintain a police auxiliary force;
b. 
Be at least 18 years of age;
c. 
Have obtained a high school diploma or equivalency diploma (GED);
d. 
Submit to a thorough background investigation;
e. 
Not be a member of the regular police force of the Borough of Keyport or any other municipality in Monmouth County.
[Added 11-20-2012 by Ord. No. 21-12]
The chain of command of the Keyport Auxiliary Police Force shall be as follows: the Keyport Emergency Management Coordinator and/or Chief of Police shall supervise and be responsible for all such operations. Under the Emergency Management Coordinator and/or Chief of Police, there shall be the following positions within the Keyport Auxiliary Police Force (listed in descending order), each of which shall report to the next highest position: one Auxiliary Police Chief; one Auxiliary Police Lieutenant; two Auxiliary Police Sergeants; and 11 Auxiliary Police Officers. Training officers may be designated from the membership at the discretion of the Auxiliary Police Chief.
[Added 11-20-2012 by Ord. No. 21-12]
All recruits/members will begin at the position of Probationary Auxiliary Police Officer. Following the completion of Police Auxiliary academy training and completion of a one-year probationary period, all recruits/new members will attain the position of Auxiliary Police Officer. All auxiliary members must serve at least two years of active duty, exclusive of the aforesaid probationary period, before being eligible for promotion. Promotions will be made from existing members in good standing. Once promoted, said member must serve at least two years in the promotional position before being considered for any other promotion. Any member who has been suspended will not be eligible for promotion for two years from the date of suspension.
[Added 11-20-2012 by Ord. No. 21-12]
The Emergency Management Coordinator and/or Chief of Police shall be empowered to promulgate rules, regulations, and policies necessary to effectuate the purposes hereof, including, but not limited to, all aspects of recruitment, designation of uniforms and equipment, and operations of the Keyport Auxiliary Police Force within the budgetary constraints of their respective office or department.
[Added 11-20-2012 by Ord. No. 21-12]
Any duly appointed member of the Keyport Police Auxiliary Force may be attached to the Keyport Police Department for the purpose of training. As required by the Chief of Police, members shall participate in periods of training over the course of their membership in the Keyport Auxiliary Police Force to acquire and maintain skills and current techniques. During such periods of training, auxiliary members shall:
a. 
Be under the direction of the Chief of Police, and shall be subject to the rules, regulations and disciplinary requirements of the Keyport Police Department; and
b. 
Have the following powers:
1. 
To sign complaints for any violation of the Code of the Borough of Keyport or any New Jersey State statute regulating the parking of motor vehicles.
2. 
To perform scheduled quality-of-life patrols as may be deemed necessary by the Chief of Police on foot or bicycle patrol.
3. 
To participate in traffic- and/or parking-control activities as may be deemed necessary by the Chief of Police.
[Added 11-20-2012 by Ord. No. 21-12]
The Keyport Auxiliary Police Force, under the direction and supervision of the Keyport Emergency Management Coordinator and/or Chief of Police, shall respond to:
a. 
Any local disaster emergency, as declared by the Emergency Management Coordinator in accordance with N.J.S.A. App. A:9-30 et seq.
b. 
Any emergency, as declared by the Governor of the State of New Jersey in accordance with N.J.S.A. App. A:9-30 et seq.
[Added 11-20-2012 by Ord. No. 21-12]
a. 
The Borough will provide the uniforms and other equipment to all members of the Keyport Auxiliary Police Force. No weapons of any kind shall be issued or carried by members of this organization.
b. 
While on duty, all members shall, at all times:
1. 
Be uniformed in a manner which is clearly distinctive from that of a regular police officer within the Borough of Keyport; and
2. 
Wear a badge or display identification indicating membership in the Keyport Auxiliary Police Force, in accordance with N.J.S.A. 40A:14-146.6.
c. 
Each member shall maintain all Borough-owned vehicles, bicycles, or equipment assigned to the member.
[Added 11-20-2012 by Ord. No. 21-12]
The Chief of Police shall prepare a manual setting forth, in detail, the requirements and procedures of the Keyport Auxiliary Police Force in compliance with any directives of the State of New Jersey Office of Emergency Management and/or the State of New Jersey Department of Law and Public Safety. Said manual must be presented to and approved by the Mayor and Council before any member of the Keyport Police Auxiliary Force may begin active duty.
[Ord. No. 9-96; Ord. No. 11-00; amended 11-20-2012 by Ord. No. 21-12]
Throughout Chapter 3, Article I, the terms "he" or "his" are recognized as being gender-neutral and incorporate by reference the terms "she" or "her" therein.