[1]
Editor's Note: For Statutory authority to create the Police
Department, see N.J.S.A. 40:47-1 et seq.
[1969 Code § 50-1; Ord. No. 97-07 § 1; Ord. No. 2001-09 § 1; Ord. No. 2006-07 § 1; Ord. No. 2009-29 § 1; amended 8-23-2021 by Ord. No. 2021-16]
a.
At the beginning of each calendar year, the Chief of Police shall
submit a proposed table of organization for the Police Department
to the appropriate authority for approval or denial.
b.
If no changes are needed to the existing table of organization at
the beginning of the year, the previous table of organization shall
be used.
c.
A copy of the current table of organization shall be maintained by
the Police Department and furnished upon request.
[1969 Code § 50-3; Ord. No. 439; Ord. No. 964 § 1; Ord. No. 98-10 § 1; Ord. No. 99-24 § 1; Ord.
No. 2005-13 § 1; Ord.
No. 2008-01 §§ 1, 2; Ord. No. 2010-08; Ord. No. 2013-11; Ord. No. 2013-18; amended 9-14-2020 by Ord. No. 2020-11]
a.
No person shall hereafter be appointed probationary Police Officer
who is not eligible under the New Jersey Statutes.
b.
No person shall hereafter be appointed permanent Police Officer unless
he is eligible for that appointment under the applicable laws of the
State of New Jersey, and no sooner than 12 months following the date
of appointment by the Mayor and Council.
c.
No person shall be appointed a probationary Police Officer who is
not a citizen of the United States and a resident of the State of
New Jersey.
d.
No person shall be appointed a probationary Police Officer who is
unable to read, write, speak, and understand the English language
well and intelligently.
e.
No person shall be appointed a probationary Police officer unless
they possess a valid New Jersey State driver's license and meet at
least one of the following criteria:
1.
Possession of a four year college degree preferably in criminal justice
from an accredited institution;
2.
Service in the military for at least three years; or
3.
Service as a Special Law Enforcement Officer for at least two years
with the Fairfield Police Department and the Chief of Police has recommended
his or her appointment as a probationary Police Officer.
f.
No person shall be appointed a probationary Police Officer unless
they successfully complete a medical examination including eyesight
test of 20/20 vision or 20/30 vision correct. All candidates shall
successfully pass a drug screening test as administered by the Township
physician.
g.
No person shall be appointed a probationary Police Officer who is
not of good moral character or who has been convicted of any criminal
offense involving moral turpitude.
h.
Except as provided in Subsection 2-11.2j, no one shall be appointed a probationary Police Officer who does not successfully complete the following process:
1.
Written Examination. All candidates must pass a comprehensive written
examination with a minimum score of 80. The Governing Body shall determine
the person(s) or organizations who shall be responsible for the preparation
and administration of the written examination.
2.
Physical Agility Test. All candidates who successfully pass the written
examination will be required to pass a physical agility test with
a minimum score of 80. The Governing Body shall determine the person(s)
or organization who shall be responsible for the preparation and administration
of the physical agility test.
3.
Oral Interview. Candidates who successfully pass both the written
examination and physical agility test will be interviewed and scored.
The Governing Body shall determine the person(s) or organization responsible
for the preparation and administration of the oral interview.
4.
Medical Examination. All successful candidates considered for appointment
shall submit to a medical examination by a licensed physician selected
by the Governing Body. All candidates must meet health requirements
set for eligibility into the Police and Fire Pension System.
5.
Background Investigation. All successful candidates being considered
for appointment shall submit to a background investigation which shall
be conducted by the Fairfield Police Department, or persons or organizations
designated by the Governing Body. This investigation shall determine
the suitability of the candidate to be a patrolman. A copy of the
investigation shall be submitted to and retained by the Chief of Police.
6.
Psychological Evaluation. All successful candidates being considered
for appointment shall submit to a psychological evaluation to determine
the candidate's emotional fitness for the position by a licensed psychologist
or psychiatrist selected by the Governing Body. Copies of the evaluation
shall be retained by the Chief of Police.
8.
The resulting list of all qualified candidates, in scored rank order,
will be provided to the Governing Body and will remain in effect for
two years from the date of the test, unless it is found necessary
to conduct another test sooner than two years.
i.
Appointment to the Police Department shall be by resolution of the
Governing Body of the Township of Fairfield from the list of qualified
candidates following interview(s) by the Governing Body with the candidate(s).
Interviews of qualified candidates shall be conducted from a pool
consisting of the highest ranked candidates numbering no less than
two times the number of positions to be filled. In the event that
a candidate has previously been interviewed by the Governing Body
such candidate(s) shall only be interviewed by the Governing Body
again thereafter at the specific direction of the Governing Body.
j.
Lateral Hires of Fully Certified Police Officers. Notwithstanding other provisions contained in this chapter, in the event the Chief of Police recommends, and the Governing Body finds, that it would be in the best interest of the Township of Fairfield to waive the regular process and hire one or more probationary Police Officers who are certified by the New Jersey Police Training Commission as certified Police Officers in the State of New Jersey, the Governing Body may waive the requirements that such officers take the written examination set forth in Subsection 2-11.2h1 herein and the physical agility test set forth in Subsection 2-11.2h2 herein and the oral examination set forth in Subsection 2-11.2h3 herein and hire the probationary officer(s). However, prior to hiring a probationary officer in the circumstances, all candidates must first pass the medical examination set forth in Subsection 2-11.2h4 herein, the psychological evaluation set forth in Subsection 2-11.2h6 herein and be interviewed as set forth in Subsection 2-11.2I herein.
k.
Alternate Route and SLEO II Candidates Having Less than Full Certification. Notwithstanding other provisions contained in this chapter, in the event the Chief of Police recommends, and the Governing Body finds, that it would be in the best interest of the Township of Fairfield to waive the regular process and hire one or more probationary Police Officers who are considered either an Alternate Route or SLEO II candidates partially certified by the New Jersey Police Training Commission, the Governing Body may waive the requirements that such officers take the written examination set forth in Subsection 2-11.2h1 herein and the physical agility test set forth in Subsection 2-11.2h2 herein and the oral examination set forth in Subsection 2-11.2h3 herein and hire the Probationary Officer(s). However, prior to hiring a Probationary Officer in the circumstances, all candidates must first pass the medical examination set forth in Subsection 2-11.2h4 herein and be interviewed as set forth in Subsection 2-11.2i herein. In addition, all such Alternate Route and SLEO II candidates must be eligible by law and will be required within one year from their date of employment to obtain full certification from the New Jersey Police Training Commission at their own cost and expense.
[1969 Code § 50-3; Ord. No. 965 § 1; Ord. No. 93-62 §§ I-V; Ord. No. 97-07 §§ 1, 2; Ord. No. 2001-09 §§ 2 — 4; Ord. No.
2006-07 §§ 2 — 5; Ord. No. 2008-01 §§ 1 — 4; Ord. No. 2013-09]
a.
Promotions.
1.
Chief of Police and Deputy Chief of Police. The promotion procedure
covered by this subsection shall cover all Police Department promotions,
except promotions to the Office of the Chief of Police and the Deputy
Chief of Police if a Deputy Chief shall be deemed necessary by the
Governing Body. The Chief of Police and the Deputy Chief of Police
if a Deputy Chief shall be deemed necessary by the Governing Body
shall be appointed by the Mayor and Council.
2.
Captain. If the appointment of a Captain is deemed necessary by the
Governing Body, all candidates for promotion to Captain shall have
held the rank of Lieutenant with the Fairfield Township Police Department.
[Amended 8-23-2021 by Ord. No. 2021-16]
3.
Lieutenant. All candidates for promotion to Lieutenant shall have
held the rank of Sergeant with the Fairfield Township Police Department.
[Amended 8-23-2021 by Ord. No. 2021-16]
4.
Sergeant. All candidates for promotion to Sergeant shall have served
as full-time Police Officers with the Fairfield Township Police Department
for a minimum of five continuous years by the date established by
the Chief of Police for the submission of the letter of intent.
5.
Corporal. All candidates for promotion to Corporal shall have served
as full-time Police Officers with the Fairfield Township Police Department
for a minimum of five continuous years by the date established by
the Chief of Police for submission of the letter of intent.
b.
Selection of Candidates. In making the selections as outlined above,
the Mayor and Council shall select the most qualified candidates for
promotion to a new or vacant position. In order to assist the Mayor
and Council in making its selections for promotion to a new or vacant
position, the Chief of Police shall submit a list of all candidates
for consideration, the personnel files for review, and comments for
each candidate.
1.
Selection Criteria. This award will be based on, but not limited
to, the individual's past performance in current rank, absentee record,
disciplinary record, record of commendations or citations, overall
value to the Department and dedication and professionalism as a Police
Officer.
2.
The Township of Fairfield shall adhere to all laws that apply to
the selection of police officers for promotion in the State of New
Jersey.
[Added 8-23-2021 by Ord. No. 2021-16]
c.
Letter of Intent. Each officer who intends to be a candidate for
promotion shall write a "Letter of Intent" to the Chief of Police,
stating his/her intention to be considered for a promotion. Such a
letter must be received by the Chief of Police by the date established
by the Chief of Police.
d.
Reservation of Rights and Confidential Information. The Governing
Body reserves the right to reject all candidates and make no promotion
if they feel it is in the best interest of the Township. Any candidate
who refuses to have his/her personnel file reviewed will not be considered
for promotion. Any and all information contained in the personnel
file shall remain confidential and shall only be utilized for promotion.
Furthermore, the Governing Body will only deliberate on such personnel
information in closed session.
e.
Waiver. Any requirements of this section may be waived by resolution
of the Governing Body.
[1969 Code § 50-4]
No member of the Department shall be removed or demoted for
any cause other than incapacity, neglect of duty, misconduct, nonresidence,
disobedience of rules and regulations established for the government
of the Department and such cause as may at the time of the removal
or demotion be valid cause for such action according to the laws of
the State of New Jersey then existing.
[1969 Code § 50-5]
Each member of the Department shall receive such salary as shall
be fixed by the Salary Ordinance for the position he holds.
[1969 Code § 50-6]
Each member of the Department shall devote his entire time to
the duties of his employment as such, and shall not engage in any
other occupation or business, and he shall be prepared to act as a
Police Officer at any time that his services may be required.
[1969 Code § 50-7]
No member of the Department shall be absent from his duties
continuously for a period of five days without just cause, and such
absence, without leave or reasonable excuse, shall be deemed a resignation
of such member.
[1969 Code § 50-8; Ord. No. 92-30 § 2; Ord. No. 2006-07 § 6; Ord. No. 2014-16]
The Chief of Police shall be the executive officer of the Police
Department, subject to such rules, regulations and orders as may be
prescribed by the Governing Body. The Chief of Police shall be responsible
to the Governing Body which is herein designated as the appropriate
authority pursuant to N.J.S.A. 40A:14-118. However, in the absence
of a quorum of the Governing Body, the Chief of Police shall be responsible
to the Administrator as the appropriate authority's designee.
The Chief shall keep complete, confidential personnel records
of all of the members of the Department, make the same available to
the Mayor and Council and shall arrange for the keeping of an accurate
record of the work and operations of the Police Department, and at
the end of each month shall prepare and present to the Mayor and Council
at its next regular meeting a report of the work and operations of
the Department in the preceding month. In the absence or disability
of the Chief of Police, the duties of the Chief shall devolve upon
and be performed by the Deputy Chief of Police, who shall be designated
as the Officer in Charge. The Officer in Charge may appoint the next
highest ranking officer ("Temporary Officer in Charge") to act on
the Officer in Charge's behalf during an emergency, his absence, or
disability. Such appointment may be made without regard to seniority
of the next highest ranking officer even if there are multiple officers
holding the same position. In the event the Temporary Officer in Charge
cannot fulfill the position due to an emergency, or during his absence
or disability, then the Temporary Officer in Charge may appoint another
officer parallel in rank, or if no such officer is available, then
the next highest ranking officer. Notwithstanding the above appointment
authority, the Governing Body reserves the right to either appoint
a new Officer in Charge or to replace any temporary Officer in Charge,
whenever the governing body determines, that it is in the best interest
of the Township to do so.
[1969 Code § 50-9]
In case of fire it shall be the duty of the Chief of Police
to report to the acting executive officer of the Fire Department,
and render under the supervision and direction of the officer such
Police assistance as may be necessary.[1]
[1969 Code § 50-10]
The duties of the members of the Police Department not herein
expressly set forth, or defined by regulations of the Mayor and Council
adopted pursuant hereto, shall be the same as ordinarily performed
by Police Officers in other communities.
[1969 Code § 5-11; Ord. No. 98-03 § 2; amended 6-28-2021 by Ord. No. 2021-13]
Effective June 14, 2021, the Rules and Regulations of the Police
Department of the Township of Fairfield being entitled "Fairfield
Police Rules and Regulations" revised date January 2021, a copy of
which is annexed hereto, be and is hereby adopted for the operation
of the Police Department of the Township.[1]
[1]
Editor's Note: The manual referred to herein may be found
on file in the Fairfield Township Police Department and in the office
of the Township Clerk attached to Ordinance No. 98-03.
[1969 Code § 5-12; Ord. No. 924]
The headquarters of the Department shall be located in the Municipal
Building, and all records of the Department shall be kept there and
be preserved and made available to proper persons in such manner as
the Mayor and Council shall provide.
[1969 Code § 50-63; Ord. No. 576]
a.
Establishment. There is hereby established a division in the Police
Department for the use of Police dogs to aid Police Officers in the
performance of their duties, to be known and designated as the "K-9
Corps."
b.
Acquisition of Police Dogs. The Mayor and Council may acquire such
number of Police dogs for the K-9 Corps as it may deem necessary for
law enforcement.
c.
Control and Supervision. The K-9 Corps shall be under the direct
control and supervision of the Chief of Police, who shall designate
specially trained Police Officers to be in charge and control of each
Police dog assigned to him, be responsible for its housing at the
Police Officer's home and also be responsible for the feeding, care
and training of such dog assigned to him.
[Ord. No. 2001-08 § 1]
a.
Establishment; Purpose. The West Essex Domestic Violence Crisis Intervention
Team or DVRT is hereby established pursuant to the Prevention of Domestic
Violence Act of 1991 (N.J.S.A. 2C:25-17), as amended on January 18,
2000, requiring municipalities to maintain domestic violence intervention
teams in order to assist police authorities in dealing with domestic
violence cases. The West Essex DVRT will be a regional effort with
volunteers servicing the residents of Fairfield, Caldwell, Cedar Grove,
Essex Fells, North Caldwell, Verona and West Caldwell to provide information
on available resources and referrals as well as to act as a liaison
with the police and other agencies, as appropriate. The team will
not have police powers, but the team's basic function will be to educate
and counsel.
b.
Appointment of Members.
1.
The West Essex Domestic Violence Crisis Intervention Team shall consist
of an unlimited number of volunteers who shall be at least 21 years
of age and bona fide residents of New Jersey. The team members shall
serve without compensation. Interested individuals shall complete
the necessary application forms provided by the Township and shall
be fingerprinted by the Township Police Department as well as subject
to a background check.
2.
No person may serve as a team member unless he or she has first completed
a forty-hour specialized training program as developed by the New
Jersey Division of Criminal Justice.
3.
The Chief of Police shall certify the completion of all appropriate
checks and training or individual team members and shall provide a
list to the Mayor for the necessary recommendation.
4.
Members of the West Essex DVRT shall be appointed by resolution of
the Township Council, upon recommendation of the Mayor. The Township
Council shall also appoint certain members as coordinators, upon recommendation
of the Mayor.
c.
Terms. All coordinators and members of the West Essex Domestic Violence
Crisis Intervention Team shall be supervised by the Township Police
Department and shall serve at the discretion of the Mayor and Council.
d.
Duties: Functions. The duties and functions of the team shall include,
but are not limited to: meeting with victims of domestic violence
to provide support, compassion and advice; providing information on
available resources, appropriate agencies, and hotlines as well as
serving as a liaison with police and other agencies, as appropriate;
such other functions and duties as may be established by the Township
Police Department.
e.
Duties of the Township Police Department. The Township Police Department
shall prepare and submit to the Mayor and Council an annual report
summarizing the activities of the team and including any necessary
recommendations to improve the program.
[Ord. No. 2009-02; Ord. No. 2011-19; Ord.
No. 2018-10; 9-24-2019 by Ord. No. 2019-25; 7-25-2022 by Ord. No. 2022-06; 11-14-2022 by Ord. No. 2022-10; 2-13-2023 by Ord. No. 2023-03; 2-12-2024 by Ord. No. 2024-04]
a.
As of the effective date of this revised ordinance, contractors requesting
officers to work off-duty traffic and security jobs pay the following
rates:
1.
Officers.
(a)
Officer. $90 per hour for non-night, non-weekend, or non-holiday
shift for all extra duty employment wherein the Township of Fairfield
is not the customer for the police service and where no reimbursement
for services to the Township will be made. Should any employee work
more than eight hours for any assignment, any time worked beyond eight
hours shall be billed at the rate of $135 per hour.
(b)
Whenever an outside vendor employs a Fairfield police officer
in an extra duty capacity during a night shift, weekend shift and/or
a recognized federal holiday shift, the rate of pay for the officer
shall be $135 per hour. A shift that begins on a night shift, weekend
shift or recognized federal holiday will be paid at the rate of $135
hour; however, once that shift, if less than eight hours, extends
into a non-night, non-weekend or non-recognized federal holiday, the
rate will change to $90 hour for the time that is non-night, non-weekend
or non-recognized federal holiday. For any shift in excess of eight
hours during any of these shifts, even if it extends into a period
that is no longer a night shift, weekend shift, and or a recognized
federal holiday shift, the officer shall be paid at a rate of $135
per hour rate.
(c)
In cases where officers are directly assisting Township employees
with their work, they will be paid at their overtime rate.
(d)
In cases where a third-party contractor is being paid directly
by the Township of Fairfield to perform work on their behalf, the
rate of pay for an officer will be $70 hour. For any shift in excess
of eight hours, officer shall be paid at a rate of $70 per hour rate.
(e)
A four hour minimum applies to the above jobs and cancellation
must occur at least two hours prior to the assignment start time.
(f)
Due to scheduling and emergencies, the Municipality cannot guarantee
that coverage will be provided at all times.
2.
Police Vehicles. $20 per hour;
3.
Township Administration Fee. $10 per hour;
(a)
Third Party Administrative Fee. The Township will be permitted
to add a reasonable third-party administrative fee.
4.
Definitions.
(a)
Night Shift. Any full or part of an extra duty employment shift
that takes place between 18:00 hours and 06:00 hours the following
day.
(b)
Weekend Shift. Any full or part of an extra duty employment
shift that occurs between Saturday at 00:01 hours and the following
Sunday at 24:00 hours.
(c)
Holiday Shift. Any shift that occurs between 00:01 hours and
24:00 hours for any recognized federal holiday.
b.
Municipal Service Agreement.
1.
The attached (Appendix A) form is to be used by the Township and
those individuals and businesses seeking to engage Police services
from the Township. This form may be found at the end of this Article.
Editor's Note: Appendix A may be found in the Township
offices.
[Ord. No. 2009-15 § 1]
a.
Special Law Enforcement Officers; Appointments; Qualifications.
1.
Fairfield Township, as it deems necessary, may appoint Special Law
Enforcement Officers sufficient to perform the duties and responsibilities
permitted by local ordinances authorized by N.J.S. 40A:14-118.
2.
No person may be appointed as a Special Law Enforcement Officer unless
the person:
(a)
Is a resident of the State of New Jersey during the term of
appointment;
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent;
(c)
Is sound in body and of good health;
(d)
Is of good moral character;
(e)
Has successfully undergone the same psychological testing that
is required of all full-time police officers in the municipality or,
has successfully undergone a program of psychological testing approved
by the Police Chief.
3.
Every applicant for the position of Special Law Enforcement Officer
appointed pursuant to this subsection shall have fingerprints taken,
which fingerprints shall be filed with the Division of State Police
and the Federal Bureau of Investigation.
4.
No person shall be appointed to serve as a Special Law Enforcement
Officer in more than one local unit at the same time, nor shall any
permanent, regularly appointed full-time Police Officer or any local
unit be appointed as a Special Law Enforcement Officer in any local
unit. No public official with responsibility for setting law enforcement
policy or exercising authority over the budget of the local unit or
supervision of the Police Department of a local unit shall be appointed
as a Special Law Enforcement Officer.
5.
Before any Special Law Enforcement Officer is appointed, the Chief
of Police, or, in the absence of the Chief, other chief law enforcement
officer of the local unit shall ascertain the eligibility and qualifications
of the applicant and report these determinations in writing to the
Mayor and Council.
6.
Any person who at any time prior to his appointment had served as
a duly qualified, fully-trained, full-time officer in any municipality
of this State and who was separated from that prior service in good
standing, shall be eligible to serve as a Special Law Enforcement
Officer. The training requirements set forth in N.J.S.A. § 40A:14-146.11
may be waived by the Police Training Commission with regard to any
person eligible to be appointed as a Special Law Enforcement Officer.
b.
Duties.
1.
Special Law Enforcement Officers should be used for emergencies,
both anticipated and unexpected, and can be used as well to supplement
or augment regular force.
2.
The State's policy to protect regular municipal Policemen by giving
them tenure of office during good behavior cannot be nullified by
appointing Special Law Enforcement Officers to perform the same duties
as regular Policemen during normal conditions.
3.
Special Law Enforcement Officers may be appointed to serve on a temporary
or intermittent basis for emergent or unusual conditions, to supplement
the regular Police Departments for traffic and crowd control and/or
to provide extra security at parades, sporting events, riots, natural
disasters and for other similar purposes.
4.
The Chief of Police, or in the absence of the Chief, other chief
law enforcement officer of the local unit wherein the officer is appointed,
may authorize Special Law Enforcement Officers when on duty to exercise
the same powers and authority to permanent, regularly appointed Police
Officers of the local unit including, but not limited to, the carrying
of firearms and the power of arrest, subject to rules and regulations,
not inconsistent with the certification requirement, as may be established
by the Mayor and Council.
c.
Training Course; Firearms.
1.
No person may commence his duties as a Special Law Enforcement Officer
unless he has successfully completed a training course approved by
the Police Training Commission and no Special Law Enforcement Officer
may be issued a firearm unless he has successfully completed the basic
firearms course approved by the Police Training Commission for permanent,
regularly appointed police and annual requalification examinations.
There shall be two classifications for Special Police Officers. The
Police Training Commission shall prescribe by rule or regulation the
training standards to be established for each classification. Training
may be in a Police Training Commission approved academy or in any
other training program which the Police Training Commission may deem
appropriate. The classifications shall be based upon the duties to
be performed by the Special Law Enforcement Officer as follows:
(a)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. If authorized
by this subsection, 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
Commission.
2.
The Police Training Commission may, in its discretion, except from
the requirements of this subsection any person who demonstrates to
the Police Training Commission's satisfaction that he has successfully
completed a Police training course conducted by any Federal, State
or other public or private agency, the requirements of which are substantially
equivalent to the requirements of this subsection.
3.
The Police Training Commission shall certify officers who have satisfactorily
completed training programs and issue appropriate certifications to
those officers. The certificate shall clearly state the category of
certification for which the officer has been certified by the Police
Training Commission.
d.
Uniforms. 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 local unit in which the officer
is employed. The uniform shall also include an insignia issued by
the Commission which clearly indicates the officer's status as a Special
Law Enforcement Officer and the type of certification issued pursuant
to Section 4 of act N.J.S.A. § 40A:14-146.11. Reimbursement
for uniforms shall be as follows:
[Amended 6-28-2021 by Ord. No. 2021-12; 6-28-2021 by Ord. No. 2021-13]
e.
Terms and Revocation of Appointments as Special Law Enforcement Officers.
1.
Special Law Enforcement Officers may be appointed for terms not to
exceed one year, and the appointments may be revoked by the local
unit for cause after adequate hearing, unless the appointment is for
four months or less, in which event the appointment may be revoked
without cause or hearing. Nothing herein shall be construed to require
reappointment upon the expiration of the term.
2.
Special Law Enforcement Officers so appointed shall not be members
of the Police force of the Township of Fairfield, and their powers
and duties as determined shall cease at the expiration of the term
for which appointed.
3.
No Special Law Enforcement Officer may carry a firearm except while
engaged in the actual performance of the officer's official duties
and when specially authorized by the Chief of Police, or, in the absence
of the Chief, other chief law enforcement officer of the local unit
to carry a firearm and provided that the officer has satisfactorily
completed the basic firearms course required by the Police Training
Commission for regular Police Officer and annual requalification examinations
as required for permanent, regularly appointed full-time officers
in the local unit.
4.
The Special Law Enforcement Officer shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed Police Officers of the local unit, as well as
any rules and regulations applicable to the conduct and decorum of
Special Law Enforcement Officers.
5.
Any firearm utilized by a Special Law Enforcement Officer shall be
returned at the end of the officer's workday to the officer in charge
of the station house, unless the firearm is owned by the Special Law
Enforcement Officer and was acquired in compliance with a condition
of employment established by the local unit. Special authorization
shall be in the form of a permit which shall not be unreasonably withheld,
which is subject to renewal annually and may be revoked at any time
by the Chief of Police. The permit shall be on the person of the Special
Police Officer whenever a revolver or other similar weapon is carried
off duty. No permit shall be issued until the Special Police Officer
has successfully completed all training courses required under this
section. Any training courses completed by a Special Police Officer
under the direction of the Chief of Police in a school and a curriculum
approved by the Police Training Commission, pursuant to P.L. 1961,
c. 56 (N.J.S.A. 52:17B-66 et seq.) shall be credited towards the 280
hours of training required to be completed by this section. Any training
required by this section shall commence within 90 days of the date
of the appointment of the Special Police Officer, whichever is later.
6.
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 local unit wherein the
officer is appointed, and shall perform his duties only in the local
unit except when in fresh pursuit of any person pursuant to Chapter
156 of Title 2A of the New Jersey Statutes or when authorized to perform
duties in another unit pursuant to a mutual aid agreement enacted
in accordance with Section 1 of P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1).
7.
The officer shall comply with the rules and regulations applicable
to the conduct and decorum of the permanent, regularly appointed Police
Officers of the local unit, as well as any rules and regulations applicable
to the conduct and decorum of Special Law Enforcement Officers.
f.
Assembly.
1.
Special Law Enforcement Officer shall be allowed to perform law enforcement
duties outside of the jurisdictional limits of the local unit in which
the officer was appointed when authorized to do so pursuant to a mutual
police aid agreement enacted in accordance with current law. Section
1 of P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1) permits the governing
bodies of two or more municipalities to enter into agreements by reciprocal
ordinances for rendering mutual police or fire aid in case of emergency.
These mutual aid agreements are now used to permit regular municipal
Police Officers to perform law enforcement duties in areas outside
the jurisdictional limits of their law enforcement departments.
2.
Special Law Enforcement Officers will be allowed to travel through
the jurisdiction of another law enforcement unit in order to reach
a noncontiguous area of the local unit in which he has his appointment
or to transport persons to and from a correctional facility.
g.
Hours of Employment.
1.
Generally, Special Law Enforcement Officers are not to be employed for more than 20 hours per week. However, in the event of an emergency, or when the Chief of Police deems a need exists, there shall be no limitation of hours. The use of Special Law Enforcement Officers shall not violate Subsection g2 of this subsection regardless of any emergency situation.
2.
Special Law Enforcement Officers may be employed only to assist the
local 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 local unit.
3.
The Township of Fairfield may designate one Special Law Enforcement
Officer to whom the limitations on hours shall not be applicable.
[Ord. No. 2017-08]
a.
Preamble. The Superintendent of Fairfield Township's School District
desires to protect the Township's public schools by one Special Law
Enforcement Officer Class III for each public school in the District.
New Jersey's Governor Chris Christie signed Bill S86/A3629 establishing
Special Law Enforcement Officer Class III, who would be uniformed,
armed, retired police officers; and who, when on school property during
times when students and staff are present and/or anytime they are
going to and from the school, would have the same authority to take
police action as a full-time law enforcement officer.
The Legislature of New Jersey passed N.J.S.A. 40A:14-146.10,
Special law enforcement officers; appointment; qualifications; and
said Statute will be effective on June 1, 2017.
The Township Council therefore determined that an ordinance
is necessary to establish the position of Special Law Enforcement
Officer Class III, for the purpose of protecting Fairfield Township's
public schools.
b.
Position Established. The Governing Body does hereby authorize the
establishment of the Special Law Enforcement Officers Class III position,
as described above, pursuant to N.J.S.A. 40A:14-146.10, for the purpose
of protecting Fairfield Township's public schools.
c.
Cost. The cost of one Special Law Enforcement Officer Class III for
each Fairfield Township public school, at the rate of $30 per hour,
shall be added to the Township's budget.
d.
Qualifications.
1.
As the Police Training Commission will begin processing waiver requests
for Special Law Enforcement Officer Class III on July 1, 2017, Fairfield
Township's applicants for the title will comply with N.J.S.A. 40A:14-146.10,
and will meet the following pre-certification requirements:
(a)
Must be retired Police Officer that has previously served as
a duly qualified, fully trained, full-time officer in any municipality
or county of the State of New Jersey, or as a member of the New Jersey
State Police, and must be living in New Jersey.
(b)
Left agency in good standing (necessary to have a good standing
letter from agency retired from and copy to be submitted to the PTC).
(c)
Must be less than 65 years of age for appointment.
(d)
Pass a psychological exam.
(e)
Pass a medical exam to include stress test.
(f)
Drug tested.
(g)
Updated background investigation.
(h)
First year may not exceed a five year break in service, July
1, 2017 through July 1, 2018, may not exceed three year break in service
after July 1, 2018. Any officer who retired AFTER June 30, 2012, will
be eligible for the first year. Police Department is authorized to
perform the necessary background investigations and arrange for all
that is associated with the hiring of such officers, so that they
will be ready to start in September, 2017.
2.
After appointment to Special Law Enforcement Officers Class III position:
(a)
Submit Request for Waiver of Training Form (Form PTC-15), located
at www.njptc.org.
(b)
Copy of appointment (Resolution).
(c)
Notice of New Appointment (NONA) form, located at www.njptc.org.
(d)
Complete SRO training within 12 months of being appointed (courses
to be offered at the local academies).
(e)
Conform to Attorney General's Mandatory inservice training requirements.
(f)
Must be a uniformed officer, displaying the Special Law Enforcement
Officers Class III patch, provided by the Police Training Commission.
(g)
Act under authority the Fairfield Township Police Department.
(h)
Complete Agency Training.
(i)
Must be appointed yearly and must be less than 65 years of age
(cannot be reappointed if age 64 or older).
[Added 3-25-2019 by Ord.
No. 2019-04]
a.
Designation established. The governing body does hereby authorize
the Chief of Police to designate the position of Humane Law Enforcement
Officer (HLEO) pursuant to N.J.S.A. 4:22-14.1. The Humane Law Enforcement
Officer (HLEO) shall be subject to such rules, regulations and orders
as may be prescribed by the governing body. The Humane Law Enforcement
Officer can be changed at will pursuant to N.J.S.A. 40A:14-118.
b.
The Humane Law Enforcement Officer (HLEO) shall be responsible for detecting, investigating, enforcing, and signing complaints for violations of animal welfare and animal cruelty within the municipality. The HLEO shall enforce and abide by the provisions of Chapter 22 of Title 4 and shall be authorized to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the state and ordinances of the municipality.
c.
Qualifications and training. HLEOs shall complete training specific
to animal welfare and animal cruelty investigations sanctioned by
the New Jersey Police Training Commission (PTC) within one year of
his/her designation as HLEO. The Police Department may obtain a waiver
of this requirement from the PTC for HLEOs who have previously completed
police training courses that are substantially equivalent to law-enforcement
parts of the animal protection law enforcement course established
by the PTC [N.J.S.A. 4:22-11.11c(1)] or HLEOs who have previously
completed initial animal control courses that are sustainably equivalent
to portions of the animal protection law-enforcement course established
by the PTC [N.J.S.A. 4:22-11.11C(2)].
