[New]
There shall be a Department of Public Works, the head of which
shall be the Superintendent, who shall be appointed by the Borough
Administrator. Prior to his/her appointment, the Director shall be
qualified through training and experience in public works administration.
The Department shall be responsible for the following:
[New]
a.
Streets. The Department shall:
1.
Provide for the construction, reconstruction, maintenance and repair
of all public streets;
2.
Provide for the construction, reconstruction, maintenance and repair
of all storm sewers and drainage areas;
3.
Regulate street openings and construction alteration and repair of
sidewalks, curbs and gutters;
4.
Clean all municipal streets;
5.
Remove snow from all municipal streets;
6.
Arrange for street lighting.
b.
Public Property. The Department shall:
1.
Care for all playgrounds and Borough-owned or leased grounds, including
the trees, lawns and landscaping appurtenant to Borough-owned or leased
buildings, and the recreational areas and facilities;
2.
Provide for the pruning, trimming, removal and planting of shade
trees in the streets and all other public places;
3.
Provide custodial and janitorial services for all Borough-owned or
leased buildings; and,
4.
Operate and maintain Borough-owned properties, including tax-foreclosed
property.
d.
Water and Sewer Utility. The Department of Public Works shall supervise
the water and sewer utility lines in the Borough of Fair Haven.
[Ord. No. 2008-09; Ord. No. 2016-15]
There is established a Department of Parks and Recreation in
the Borough of Fair Haven.
[Ord. No. 2008-09; Ord. No. 2016-15]
The Department of Parks and Recreation shall be supervised by
the Director of Parks and Recreation, whose position is hereby created.
The Director of Parks and Recreation shall be under the supervision
of the Borough Administrator and the advice of the Recreation Commission.
[Ord. No. 2016-15]
The Department of Parks and Recreation shall be supervised by
the Director of Parks and Recreation, whose position is hereby created,
or by the Director of Parks, Recreation, Events and Special Projects
Administrator, whose position is hereby created. The Governing Body
shall appoint one of appropriate titles, as listed above, on an annual,
or as needed, basis. The Director of Parks and Recreation or the Director
of Parks, Recreation, Events, and Special Project Administrator shall
be under the supervision of the Borough Administrator and the advice
of the Recreation Committee.
[Ord. No. 2008-09; Ord. No. 2016-15]
The Director of Parks and Recreation, shall be responsible for
the organization and scheduling of any and all recreational programs
and activities undertaken under the auspices of the Borough of Fair
Haven. The Director shall further act as liaison for all citizens
and citizens' groups in the Borough of Fair Haven so as to ascertain
the recreational needs and requirements of the citizens of the Borough
and so as to organize all recreational activities in the Borough of
Fair Haven. The Director shall further supervise all part-time employees
of the Borough involved in the supervision, control and maintenance
of recreational programs and activities in the Borough and shall further
be responsible for working with the Department of Public Works on
the maintenance of all recreational and park facilities in the Borough.
[Ord. No. 2016-15]
The Director of Parks, Recreation, Events and Special Projects
Administrator shall be responsible for the organization and scheduling
of any and all recreational programs and activities undertaken under
the auspices of the Borough of Fair Haven. The Director shall further
act as liaison for all citizens and citizens' groups in the Borough
of Fair Haven so as to ascertain the recreational needs and requirements
of the citizens of the Borough and so as to organize all recreational
activities in the Borough of Fair Haven. The Director shall further
supervise all part-time employees of the Borough involved in the supervision,
control and maintenance of recreational programs and activities in
the Borough and shall further be responsible for working with the
Department of Public Works on the maintenance of all recreational
and park facilities in the Borough. The Director shall further be
responsible for assisting in various special projects, as assigned
by the Borough Administrator.
[Ord. No. 2008-09; Ord. No. 2016-15]
There is hereby created the position of Playground Counselor
for Parks and Recreation who shall serve in such part-time position
for a term which shall be coterminous with that of the Summer Playground
Program. The Playground Program Counselors shall be under the supervision
and control of the Director and shall aid and assist the Director
in coordinating and stimulating community interest and volunteers
for the summer playground programs and functions.
[Ord. No. 2008-09; Ord. No. 2016-15]
The salary for the Director of Parks and Recreation or the Director
of Parks, Recreation, Events and Special Project Administrator and
Summer Playground Counselors shall be established and governed by
the salary ordinances of the Borough.
[2002 Code § 2.20.010]
There is established and continued in and for the Borough a
Police Department which shall consist of a Chief of Police and such
other members as shall be deemed necessary by the Mayor and Council,
who shall, from time to time, determine the number and ranks of persons,
including temporary members and officers, to be appointed to these
positions and fix their compensation.
[2002 Code § 2.20.020]
The Mayor, with the advice of the Borough Council, shall appoint
a liaison to the Police Department from among the members of the Borough
Council. The Councilmember so designated shall serve for a period
of one year and shall be known as the Police Commissioner.
[2002 Code § 2.20.030]
The Police Department shall preserve the public peace, protect
life and property, detect, arrest and prosecute offenders of the law
of the State of New Jersey and the ordinances of the Borough, direct
and control traffic, provide attendance and protection during emergencies,
provide appearances in court, cooperate with all other law enforcement
agencies, and provide training for the efficiency of its members and
officers.
[2002 Code § 2.20.040]
Pursuant to N.J.S.A. 40A:14-118, the "appropriate authority"
presiding over the operation of the Police Department is the Borough
Administrator. The Chief of Police is under the authority of the Appropriate
Authority. The Appropriate Authority shall have the authority to establish
administrative direction and to issue and amend as necessary "Rules
and Regulations" for the Police Department. All members of the Police
Department shall be subject to the Rules and Regulations. The Appropriate
Authority shall be the final authority as to all disciplinary decisions
and appeals under the "Rules and Regulations." The Appropriate Authority
may delegate the initial hearing process to another Borough official
as a fact-finder, but the final decision rests with the Appropriate
Authority. Nothing herein shall effect the grievance process as contained
in the contract between the Borough and the Police Benevolent Association
or as provided by law.
[2002 Code § 2.20.050; Ord. No.
11-28-05A; Ord. No. 2009-14 § II]
There are hereby created the following positions within the
Police Department and the general duties of each position. Officers
are expected to perform the duties of subordinate ranks when needed
or assigned. The filling of any position is solely at the discretion
of the Borough Council. All Police Officers shall be appointed or
promoted to higher rank by resolution of the Borough Council.
a.
One Position for Chief of Police. The Chief of Police shall be the
head of the Police force and shall be directly responsible to the
Police Commissioner, Borough Administrator, and the Borough Council
for the efficiency and routine day-to-day operations of the Police
Department. The Chief of Police shall pursuant to the policies established
by the Borough Council:
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 department
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;
5.
Report at least quarterly to the Borough Council, in such form as
shall be prescribed by such authority, on the operation of the force
during the preceding months and make such other reports as may be
requested by such authority;
6.
Report immediately to the Borough Administrator within 48 hours and
file a written report with the Mayor and Borough Council within five
days in regard to:
(a)
Any accident, motor vehicle or otherwise, in which a member
of the Police Department was involved while such member is acting
in his official capacity;
(b)
Any investigation being conducted by any Federal, State, County
or municipal agency and which concerns a member of the Police Department;
(c)
Any disciplinary action which the Chief of Police or his subordinates
have taken against any subordinate officer or member of the Police
Department.
b.
One Position for Police Captain. The Captain shall serve as the Chief's
executive officer and second in command. The Captain shall perform
such duties as are directed by the Chief of Police. He shall assist
the Chief of Police in formulating and implementing policy, regulations,
goals and objectives of the Police Department and may supervise subordinates
on an assigned shift. In the event of a prolonged absence of the Chief
of Police, the Captain shall assume the command of the Department
as Acting Chief of Police.
c.
Up to Two Lieutenant Positions. The Lieutenant holds an administrative
supervisory position under the supervision of his superiors. The Lieutenant
assists the Chief of Police and Captain in formulating and implementing
policy, regulations, goals and objectives of the Police Department
and may supervise subordinates on an assigned shift. He inspects personnel
and equipment to ensure that both meet department standards and performs
such other duties as are directed by his superiors.
d.
Up to Three Sergeant Positions. The Sergeant is responsible for supervising
police work, directing and assisting in the direction of, or participating
in the activities of the Police Department on an assigned shift. He
performs those tasks which are delegated by his superiors.
e.
Patrolman. The patrolman is responsible for the general law enforcement
work involved in the protection of life and property through the enforcement
of laws and related preventative investigative work. A patrolmen shall
perform all duties which are assigned by his superior officers.
f.
Civilian Personnel. The following positions are hereby established
within the Police Department. The positions being established are
civilian in character, and the persons being appointed to these positions
do not have any authority to perform any of the duties of a police
officer.
1.
Police Dispatcher. There is hereby created the position of police
dispatcher. The police dispatcher, under direction, shall receive
and relay messages to police patrol vehicles or to other concerned
personnel and, in addition, may operate a teletype machine and a computer
terminal for transmitting and receiving all teletype messages. The
police dispatcher may be required to perform clerical work of a varied
nature and may be required to search prisoners or make security checks.
2.
School Crossing Guard. There is hereby created the position of school
crossing guard. The school crossing guard shall be appointed for a
term not exceeding one year by the Mayor and Borough Council. To be
appointed to the position of school crossing guard, an individual
must meet the requirements of N.J.S.A. 40A:9-154.2. A school crossing
guard shall be responsible for the control and direction of the vehicular
and pedestrian traffic during those time periods of a school day or
for any special event or program when assigned in the interest of
public safety.
3.
Police Records Clerk.
(a)
Creation. There is hereby created within the Borough of Fair
Haven, Police Department, the position of, who shall be known as the
Police Records Clerk.
(b)
Compensation. The rate of compensation will be between $10 and
$18 per hour as determined by resolution of the Borough Council.
(c)
Qualifications. To be appointed to the position of Senior Police
Records Clerk, an individual must meet the following requirements.
He shall:
(1)
Possess the ability to read, write, speak and understand English
sufficiently to perform the duties of this position.
(2)
Possess two years' experience in clerical work.
(3)
Possess wide knowledge of modern office methods, practices and
equipment.
(4)
Possess the ability to comprehend established office routines,
rules and regulations of complexity and to maintain suitable records
and files.
(5)
Special Law Enforcement Officer training preferred.
(d)
Powers and duties; responsibilities.
The daily functions of the Police Records Clerk shall include, but
not be limited to, the following:
(1)
Discovery Officer:
[a]
Document, log in and process discovery requests
as received.
[b]
Enter contents of discovery into data base.
[c]
Prepare billing and mail complete discovery package
to attorney.
[d]
Log in payments received and forward monies to
Borough Hall.
[e]
Monitor attorney's who fail to remit payment as
requested for follow-up.
(4)
Police Department Office Manager:
[a]
Coordinate the functions with the administrative
office of the Police Department.
[b]
Greet public who visit the police station.
[c]
Handle questions and/or refer them to appropriate
office or authority.
[d]
Record all transactions pertaining to receipts
for fingerprints, copies, and discoveries and any other funds that
may be collected.
[e]
Forward all funds to the CFO as per policy daily.
[f]
Prepare purchase requisitions as needed for Department
supplies and equipment.
[g]
Complete all monthly and statistical reports as
directed.
[h]
Maintain and file patrol log sheets.
[i]
Process handicap permits.
[j]
Process motor vehicle accident reports for insurance
companies.
[k]
Maintain alarm log for residents and businesses.
(e)
Additional tasks as directed by the Chief of Police.
[2002 Code § 2.20.060]
Each applicant for a position as Police Officer shall have the
qualifications required by N.J.S.A. 40A:14-122. Each applicant shall
comply with the laws of the State of New Jersey pertaining to municipal
police. Appointments will be the determination of the Mayor and Council.
Each successful appointee shall serve a probationary period commencing
after his successful completion of the appropriate training course
at an accredited police training academy, or upon his appointment
if the appointee has prior police training/services.
[2002 Code § 2.20.070]
a.
Appointees shall serve in a probationary status for a period of one
year, during which period their employment and appointment shall be
subject to termination at the discretion of the Mayor and Council.
b.
Whenever a probationary period of service shall have been completed
by an appointee to the satisfaction of the Mayor and Council, the
appointee shall thereupon have been duly appointed to the office for
an indefinite term, the probationary period served shall constitute
part of his length of service.
c.
Newly appointed Police Officers shall complete necessary recruit
training during the first year of service as may be required by law.
[2002 Code § 2.20.080]
After having completed the probationary period, no officer of
the Police Department shall be suspended, removed, fined or reduced
in rank for any cause other than incapacity, misconduct or disobedience
as provided in the New Jersey Statutes and the Police Department's
rules and regulations.
[2002 Code § 2.20.090; Ord. No.
2010-12]
a.
Special Officers or Police may be appointed by the Mayor and Council
for a term not exceeding one year. Special Officers shall be appointed,
qualified, and utilized in accord with the standards of N.J.S.A. 40A:14-146.8
to 146.18. The powers, rights and duties of such Officers shall immediately
cease at the expiration of the term for which they were appointed,
and there is no requirement or obligation for reappointment. They
shall possess and exercise all the powers and duties provided by the
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 Chief of Police may authorize special law enforcement
officers when on duty to exercise the same powers and authority as
regular members of the Police Department including carrying of firearms
and power of arrest.
b.
Special Officers in Training may be appointed by the Mayor and Council,
whose position is hereby created, for the purpose of said Special
Officer in Training to attend the appropriate school to become qualified
as a Special Class II Officer. The Special Officer in Training will
be compensated at the prevailing minimum wage. The position will expire
upon the earlier of completion of the relevant schooling or termination
by the Council by resolution. The Council may terminate the position
at any time, with or without cause.
[2002 Code § 2.20.100]
Nothing contained within this section shall:
a.
Prevent the appointment by the Borough Council of committees or commissions
to conduct investigations of the operation of the Police Force and
to delegate to such committees or commissions such powers of inquiry
as the Borough Council deems necessary;
b.
Prevent the Borough Council from conducting a hearing or investigation
authorized by law;
c.
Prevent the Mayor, Borough Council, Borough Administrator, or Police
Commissioner from examining, at any time, the operations of the police
force or the performance of any officer or member;
d.
Infringe on or limit the power of the Mayor, Borough Administrator,
Borough Council or Police Commissioner to act to provide for the health,
safety or welfare of the municipality in any emergency situation through
special emergency directives;
e.
Infringe on or limit the authority of the Mayor and Council to increase,
change, or reduce the number and rank structure of the Police Department
due to budgetary or efficiency reasons.
[Ord. No. 2-28-05 § 2; Ord. No. 2013-25]
a.
Qualifications.
1.
The Borough of Fair Haven Governing Body desires to promote the most
qualified candidates to positions of higher rank. This subsection
establishes the eligibility requirements and the process for promotion
to the Chief of Police. The promotion process shall be on the basis
of merit, experience, education, and demonstrated ability. In accordance
with N.J.S.A. 40A:14-129, promotion of any officer shall be made from
the membership of the Department. To be considered for the position
of Chief of Police, the candidates must have previously been serving
the Borough in the rank of Lieutenant or higher.
b.
Promotional Procedure.
1.
Candidates for the position of Chief of Police shall participate
in a promotional procedure administered by the Borough Administrator.
The reviewing committee, which shall be made up of the Mayor and Council,
Borough Administrator, his/her designee(s), and a Policing Expert
from outside of the Borough, shall consider the following: the candidates'
knowledge of criminal law and procedure, police science and police
administration, leadership and management ability, general knowledge
of Fair Haven local government and N.J.S.A. 40A:14-118, the candidates'
ability to communicate clearly and effectively, ability to effect
good working and public relations, vision for the future of the Department,
community service, and moral character.
2.
Upon receiving instructions from the Borough Administrator to do
so, the Chief of Police, or Borough Administrator (if there is no
Chief of Police) shall announce the promotional process to members
of the Department at least 30 days before the application packet is
required returned. The announcement shall be posted in common areas
of the Department accessible to all members. The announcement shall
contain at a minimum, the rank to be filled, the dates of the interviews,
and topics from which questions will be formulated. Candidates, who
qualify, shall notify the Chief of Police, or Borough Administrator
(if there is no Chief of Police) of his or her interest in the promotional
process by submitting a letter of interest no later than 10 calendar
days after the promotion announcement. Failure to do so shall render
the officer ineligible to participate in the process.
3.
Where two or more candidates are ranked equally pursuant to the promotional
procedure set forth herein, preference shall be given to the candidate
with the most seniority in service pursuant to N.J.S.A. 40A:14-129,
or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.
c.
Promotion Interviewing Procedure. The promotion interviewing procedure
for the Fair Haven Police Department shall consist of an oral interview
in which all candidates will be given the same questions, and a review
of the candidates' service record, education, merit and seniority.
1.
Oral Interview(s).
(a)
Candidates shall sit for an oral interview by the reviewing
committee. The reviewing committee will interview the candidates on
the topics as outlined in paragraph b1 above. Each candidate shall
be graded on a 100-point scale. The Policing Expert shall not independently
rate each candidate.
(b)
The next step in the process will be an interview with the Borough
Administrator. The interview with the Borough Administrator shall
focus on leadership and management skills, knowledge of Fair Haven's
form of government, knowledge of the Police Department Ordinances,
familiarity with municipal budget process and knowledge of N.J.S.A.
40A:14-118. The Administrator shall grade each candidate on a 100-point
scale.
2.
Record Review.
(a)
Candidates that successfully complete the initial interviews
shall proceed to the next step in the promotional process, the review
of service record. The candidates' personnel records, evaluation records,
and attendance records will all be reviewed for evaluation of past
performance.
(b)
The reviewing committee shall examine the length and merit of
each candidate's service. The examination process shall give specific
weight to performance evaluations, seniority, military service, demonstrated
leadership ability, education and disciplinary history.
(1)
The weight or percentage of each portion of the process shall
be as follows:
|
Oral interview:
|
35%
|
|
Interview with Borough Administrator:
|
25%
|
|
Performance Evaluation:
|
10%
|
|
Leadership Evaluation:
|
20%
|
|
Seniority:
|
5%
|
|
Education:
|
5%
|
|
Associates Degree = 2.5%
| |
|
Bachelors Degree = 5%
|
(2)
Two years of active-duty military experience (including Coast
Guard) can be substituted for Associates Degree if honorably discharged.
(3)
Associates Degree and two years of active-duty military experience
(including Coast Guard) will be worth 5% if honorably discharged.
(4)
Discipline shall be a minus depending on seriousness and freshness
of record.
d.
Each candidate shall be ranked based on the total score as outlined
above. The candidates shall then be ranked from the highest to lowest
based on score. The list shall include the candidates' names and the
final scores.
e.
The Chief of Police, or Borough Administrator (if there is no Chief
of Police) shall then submit the results of the process listing the
breakdowns and final scores of the candidates and any other information
that may be pertinent to the Mayor and Borough Council for final decision.
f.
Promotions to the Chief of Police shall be open to members of the
department previously serving at the rank of Lieutenant or higher,
unless the Mayor and Borough Council, in the best interest of the
department, choose to open the application process to a wider pool
of candidates, in which case the Council may open the application
process to the next two lowest ranks.
g.
Redress of Promotion Process.
1.
Within 10 days of the posting of the rankings of candidates, a candidate
may file a written letter of appeal. Said letter must contain the
reason(s) or justification(s) for an appeal and must be submitted
to the Chief of Police, through the appropriate chain of command.
The Chief of Police will assess the request, and make a determination
of how the request will be addressed on a case by case basis. Such
requests may address the following areas of the promotional process:
(a)
Review and retabulation of the scored elements of the selection
process.
(b)
Review any evaluation or internal document that was used in
the election process related to the appellant.
(c)
If the appeal impacts upon the results of the promotional ranking
as determined by the Chief of Police, the candidate may be permitted
to be reevaluated.
[Ord. No. 11-28-05B; Ord. No. 2008-04; Ord.
No. 2013-25]
a.
Qualifications.
1.
The Borough of Fair Haven Governing Body desires to promote the most
qualified candidates to positions of higher rank. The subsection establishes
the eligibility requirements and the process for promotion to the
Police Captain, Lieutenant, and Sergeant. The promotion process shall
be on the basis of merit, experience, education, and demonstrated
ability. In accordance with N.J.S.A. 40A:14-129, promotion of any
Officer shall be made from the membership of the Department.
To be considered for the position of Sergeant, the candidates
must have previously been serving the Borough in the position of Patrolman
for a minimum of three years within the Fair Haven Police Department.
To be considered for the position of Lieutenant or Captain,
the candidates must have previously been serving the Borough in the
rank of Sergeant.
b.
Promotional Balance.
1.
Candidates for the above positions shall participate in a promotional
procedure administered by the Chief of Police or Borough Administrator.
The reviewing committee, which shall be made up of the Mayor and Council,
Borough Administrator, Chief of Police, and his/her designee(s), shall
consider the following: the candidates' knowledge of criminal law
and procedure, police science and police administration, leadership
and management ability, general knowledge of Fair Haven local government
and N.J.S.A. 40A:14-118, the candidates' ability to communicate clearly
and effectively, ability to effect good working and public relations,
vision for the future of the Department, community service, and moral
character.
2.
Upon receiving instruction from the Borough Administrator to do so,
the Chief of Police, or Borough Administrator (if there is no Chief
of Police) shall announce the promotional process to members of the
department at least 30 days before the application packet is required
returned. The announcement shall be posted in common areas of the
Department accessible to all members. The announcement shall contain
at a minimum, the rank to be filled, the dates of the interviews,
and topics from which questions will be formulated. Candidates, who
qualify, shall notify the Chief of Police, or Borough Administrator
(if there is no Chief of Police) of his or her interest in the promotional
process by submitting a letter of interest no later than 10 calendar
days after the promotion announcement. Failure to do so shall render
the officer ineligible to participate in the process.
3.
Where two or more candidates are ranked equally pursuant to the promotional
procedure set forth herein, preference shall be given to the candidate
with the most seniority in service pursuant to N.J.S.A. 40A:14-129,
or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.
c.
Promotion Interviewing Procedure. The promotion interviewing procedure
for the Fair Haven Police Department shall consist of an oral interview
with the Chief of Police, interview with Mayor, Council and Administrator,
and interview with the New Jersey Chiefs of Police Association, in
which all candidates will be given the same questions, and a review
of the candidates' service record, education, merit and seniority.
1.
The weight or percentage of each portion of the process shall be
as follows:
|
Oral interview with Chief of Police
|
25%
|
|
Interview with Mayor, Council and Administrator
|
25%
|
|
Interview with New Jersey Police Chiefs Association
|
20%
|
|
Performance Evaluations and Record Review
|
20%
|
|
Seniority
|
5%
|
|
Education
|
5%
|
|
Associates Degree = 2.5%
| |
|
Bachelors Degree = 5%
|
2.
Two years of active-duty military experience (including Coast Guard)
can be substituted for Associates Degree if honorably discharged.
Associates Degree and two years of active-duty military experience
(including Coast Guard) will be worth 5% if honorably discharged.
3.
Discipline shall be a minus depending on seriousness and freshness
of record.
d.
Each candidate shall be ranked based on the total score as outlined
above. The candidates shall then be ranked from the highest to lowest
based on score. The list shall include the candidates' names and the
final scores.
e.
The Chief of Police, or Borough Administrator (if there is no Chief
of Police) shall then submit the results of the process listing the
breakdowns and final scores of the candidates and any other information
that may be pertinent to the Mayor and Borough Council for final decision.
f.
Redress of Promotion Process.
1.
Within 10 days of the posting of the rankings of candidates, a candidate
may file a written letter of appeal. Said letter must contain the
reason(s) or justification(s) for an appeal and must be submitted
to the Chief of Police, through the appropriate chain of command.
The Chief of Police will assess the request, and make a determination
of how the request will be addressed on a case by case basis. Such
requests may address the following areas of the promotional process:
(a)
Review and retabulation of the scored elements of the selection
process.
(b)
Review any evaluation or internal document that was used in
the election process related to the appellant.
(c)
If the appeal impacts upon the results of the promotional ranking
as determined by the Chief of Police, the candidate may be permitted
to be reevaluated.
[Ord. No. 490; Ord. No. 2012-03; Ord.
No. 2017-10]
a.
Assignments. Persons or entities desiring to hire members of the
Police Department to provide special duty police-related services
shall file an application with the Chief of Police, who shall process
the application and approve or deny the same pursuant to the following:
1.
Any and all extra duty assignments for police personnel shall be
determined and approved by the Chief of Police or his designee;
2.
No police officer shall perform special duty assignments for private
parties for compensation other than through the procedure in this
section;
3.
The Chief of Police shall obtain such information as he determines
necessary concerning the application. The Chief of Police may deny
the assignment or use of police officers or vehicles and/or may impose
any condition or requirement as in his sole discretion and determination
are in the best interest of the Borough and/or police officers or
public safety;
4.
The Chief shall be guided by the nature of the assignment and should
avoid those with conflict of interest and/or high risk of injury;
5.
The Chief may assign a patrol vehicle or appropriate equipment for
use in performing special duty if and in the event it is determined
that the use is necessary to perform the contracted duty;
6.
The work to be performed shall be considered "special assignments
for independent contractors" and will not be considered a direct assignment;
7.
The taking of any and all special duty assignments shall be on a
voluntary basis in accordance with a fair and reasonable rotation
system established and administered, in writing, by the Chief of Police;
8.
Officers engaged in special duty assignments shall be deemed on duty
and shall conform to all police department rules, regulations, and
procedures;
9.
All agreements for special duty assignments shall be contracted for,
in writing, by the completion of a contract form, which contract shall
be kept on record as public documents in the office of the Chief of
Police;
10.
All special duty assignments shall be within the Borough of Fair
Haven, unless specific written approval is given by the Chief of Police
to the officer to work outside the Borough. The Chief of Police may
contact adjoining municipal police departments to see if their officers
are willing to perform such special duty assignments;
11.
Private parties or attorneys who utilize police officers in civil
cases by subpoena will be responsible to pay the Borough for the costs
incurred for the officer's time while complying with the subpoena.
This section does not apply to internal administrative or disciplinary
matters in which reimbursement to the Borough is not applicable.
b.
Fees. The following rates and fees are established regarding special
duty assignments for police officers in the Borough of Fair Haven:
[Ord. No. 2017-10; amended 11-28-2022 by Ord. No.
2022-17]
|
1.
|
Traffic and Security
|
$100/hour
4 hour minimum
|
|
2.
|
Fair Haven Taxing Entities
Religious
Fair Haven Volunteer Organizations No Borough fee
Borough Events Officially Sanctioned by the Governing Body
|
$50/hour or predetermined rate
No Borough fee
|
|
3.
|
Borough Road Projects
|
$55/hour
No Borough fee
|
|
4.
|
The above mentioned Traffic and Security rates and fees are
allocated at $80 per hour to the police officer, with a four hour
minimum, and a $20 per hour surcharge for administrative and related
costs to be retained by the Borough.
| |
|
5.
|
The rate or fee regarding special duty assignments for police
officers for religious and Borough events shall be $50 per hour, with
a two hour minimum and Borough Road Projects shall be $55 per hour
which both fees will be allocated totally to the police officer with
no administrative and related costs allocation.
| |
c.
Escrow Funds Required to Be Deposited with the Borough Regarding
Special Duty Police Assignments.
1.
Upon the granting of an application by the Chief of Police for special
duty assignments, the applicant/contractor shall deposit escrow funds
payable to the Borough of Fair Haven. Said escrow funds shall be determined
based upon the fees and charges established by the Governing Body
and the realistic estimated time or amount of special duty services
to be provided.
2.
No special duty assignment work will be performed until all escrow
funds have been deposited in accordance with this subsection. The
escrow fund payment must be in the form of cash, certified or bank
cashier's check or money order.
3.
Additional escrow funds may be required by the applicant/contractor
when the escrow has been depleted to 20% of the original escrow amount.
The Police Chief or his designee shall notify the Chief Financial
Officer when services have been provided that would deplete the escrow
funds to 20% of the required escrow amount. Also, the Chief of Police
shall then notify the applicant/contractor of the amount of additional
escrow funds that will be required for the work to continue and the
applicant/contractor shall forthwith deposit with the Borough the
additional escrow funds.
4.
The Chief Financial Officer shall prepare and send to the applicant/contractor
a statement which shall include an accounting of the escrow funds
setting forth all deposits, disbursements and the cumulative balance
of the escrow account. This information shall be provided an a monthly
basis.
5.
Each payment charged to the escrow deposit shall be pursuant to a
voucher from the police officer. Said voucher shall identify the officer
performing the service, the date, the type of service performed, the
hours worked and the amount to be paid to the officer. All officers
performing special duty assignments shall submit vouchers to the Chief
Financial Officer on not less than a monthly basis.
6.
The Chief Financial Officer shall promptly send an informational
copy of all vouchers submitted to the applicant/contractor.
7.
All payments for special duty assignments shall be made through the
escrow established by the Borough from which fund payments shall be
made to the individual police officers performing such service. All
payments from the fund shall be made to the police officers subject
to required deduction and an administrative fee to be retained by
the Borough.
8.
Disputes, if any, between the applicant/contractor and the police
officer on assignment as to service required or compensation due shall
be decided by the Chief of Police and his decision shall be final
and binding.
9.
Any assignment canceled by the applicant/contractor on less than
four hours' notice shall be charged against party for the minimum
hours for the assignment.
d.
Emergencies.
1.
The Police Chief has the authority to order any police officer to
vacate or terminate any special duty assignment in response to emergency
situations or whenever the assignment creates an unacceptable risk
to health, safety and welfare of the police officer and/or public
in the sole determination and discretion of the Chief of Police. The
contractor shall not be responsible for any compensation for the time
the police officer is away from the special duty assignment and shall
have no claim for any costs or damages against the Borough, the Chief
of Police or any police officer arising from the termination of special
duty assignment other than the prorated return of any costs prepaid
to the Borough.
e.
Insurances.
1.
The Borough shall be responsible to provide all necessary insurance
coverage for the police required by law, including but not limited
to workers' compensation, public liability, and claims for damages
for personal injury including death or damage to property which may
arise as a result of the Borough's performance under contract.
[Ord. No. 2010-33]
There is hereby created the position of part-time relief desk
clerk to perform such administrative, receptionist, filing and other
functions designated by the Chief of Police. The filling of such position
and the compensation for same are solely at the discretion of the
Borough Council.
[2002 Code § 2.24.010]
A Fire Department in and for the Borough is established.
[2002 Code § 2.24.020]
The Fire Department shall consist of the Mayor, members of the
Borough Council and such other persons as may be members in good standing
of the Fair Haven Volunteer Fire Company under and by virtue of the
rules and regulations of the Volunteer Fire Company.
[2002 Code § 2.24.030]
The Volunteer Fire Company shall adopt such rules and regulations
of the department and shall pursuant thereto elect from among its
own members, a Chief, Deputy Chief, First Assistant Chief, Second
Assistant Chief, President, Secretary, Treasurer and such other offices,
as may be necessary.
[2002 Code § 2.24.040]
a.
It shall be the duty of the Fire Chief to examine periodically all
the fire apparatus and buildings in use for the protection of the
same, and all public hydrants, and report the condition thereof to
the Borough Council at its first regular meetings in the months of
July and December, together with a record of the number of fires attended
by him, or in his absence, by the Deputy Chief and Assistant Chiefs,
and the causes of the fires and such other information as he may deem
proper.
b.
He shall, under the direction of the Borough Council, superintend
in person and direct all necessary repairs to the buildings and apparatus
in use by the Fire Department.
c.
He shall in all cases of fire threatening danger and destruction
to property, take prompt and effectual measures and use the means
of the department to extinguish the fires and shall at all times and
on occasions of alarms of fire, have sole and absolute control and
command over all the fire apparatus and the members of the Fire Department
and other persons aiding and assisting the Department in case of actual
fire.
[2002 Code § 2.24.050]
In the absence of the Chief, his command shall devolve upon
and his duties be performed by the Deputy Chief and the Assistant
Chiefs in the order of their grade or in their absence, by the most
recent ex-Chief present.
[2002 Code § 2.24.060]
a.
The Chief, Deputy Chief and Assistant Chiefs shall respond as appropriate
to all fires within the Borough and are empowered and required to
take charge of any building which may be on fire; to admit only so
many and such persons (not firemen) to the building as they may think
necessary to aid the extinguishment of the fire and the preservation
of all goods and of all endangered property.
b.
They may lawfully enter and examine any building, place, vehicle
or vessel where any gunpowder or other explosive or inflammable material
may be lodged or stored. The Chief, Deputy Chief or Assistant Chiefs
may direct the removal or securing of any such materials.
c.
The Chief, Deputy Chief and Assistant Chiefs are invested with all
the power of police officers of the Borough while going to, attending
and returning from the fire. They may and shall preserve the peace
and protect private and public property.
d.
The Chief, Deputy Chief and Assistant Chiefs may inspect any chimney
flue, pipe or smokehouse reported by any citizen of the Borough to
be dangerous and liable to cause destruction by fire, and if found
in such condition, may order the same to be cleaned, repaired, renovated,
or removed by the tenant or owner. The tenant or owner shall comply
with the order within 72 hours and upon the failure of the tenant
or owner so to comply, the Chief, Deputy Chief, or Assistant Chiefs
may make complaint to the Judge of the Municipal Court.
[2002 Code § 2.24.070]
On or before the first Monday in January of each year, it shall
be the duty of the Secretary of the Volunteer Fire Company to furnish
and file with the Municipal Clerk the name, residence and occupation
of each person elected a member of the Volunteer Fire Company and
likewise the names of all members of the Volunteer Fire Company who
shall have died, resigned or been expelled within the last preceding
year.
[2002 Code § 2.24.080]
The Municipal Clerk shall keep a true and proper list of the
members of the Fair Haven Volunteer Fire Company as well as those
who have died, resigned or been expelled from the company.
[2002 Code § 2.24.090]
The Chief, Deputy Chief and Assistant Chiefs shall wear when
on duty, hats on which shall be emblazoned the names of the respective
offices.
[2002 Code § 2.24.100]
No man who shall have been expelled from the Volunteer Fire
Company shall assist at any fire or handle any of the apparatus.
[2002 Code § 2.24.110]
The Chief shall have power to suspend from duty any member of
the Volunteer Fire Company for disobeying his orders or the orders
of the officers in command when on duty. All appeals from his decision
shall be made in writing to the Executive Board of the Volunteer Fire
Company at its next regular meeting which Board shall review and affirm,
reverse or alter such decision by a majority vote of all members of
the Board.
[2002 Code § 2.24.120]
No fire apparatus shall leave the Borough except by the permission
of the Mayor or Chairman of the Fire Committee of the Borough Council,
provided that in case of necessity any member of the Borough Council,
the Chief, Deputy Chief or either of the Assistant Chiefs may permit
any fire apparatus to leave the Borough unless objections to such
leave be promptly made by a majority of the Borough Council.
[2002 Code § 2.24.130]
It shall be the duty of the Chief to submit to the Mayor and
Council, at the first regular meeting of the Mayor and Council after
the organization meeting in each year, the names of members of the
Volunteer Fire Company to be appointed Fire Police to hold office
during the ensuing year.
[2002 Code § 2.24.140]
It shall be the duty of the Fire Police after being sworn in
to organize and elect from among their number a Captain of Fire Police,
a First Lieutenant of Fire Police and a Second Lieutenant of Fire
Police, all of whom shall hold office for one year.
[2002 Code § 2.24.150]
The Fire Police shall have the authority and perform the duties
granted to and required of them under and by virtue of the provisions
of N.J.S.A. 15:8-4.
[2002 Code § 2.24.160]
a.
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq. The
Home Rule Act which directs municipalities to act for the health,
welfare, and safety of its citizens and to implement N.J.S.A. 15:8-1.1.
b.
Membership in a Volunteer Fire Company means membership in a Volunteer Fire Company pursuant to the New Jersey Statutes, membership in a Volunteer Fire Company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-170.1, membership in a Junior Fire Fighter's Auxiliary established pursuant to N.J.S.A. 40A:14-95, or nonpaid membership in a part-paid Fire Department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
c.
Any person desiring membership in a Volunteer Fire Company shall
complete in duplicate, filing same with the Volunteer Fire Company,
an application for form of which may be prescribed by the Volunteer
Fire Company, but which shall contain the following information about
the applicant:
1.
Name;
2.
Home address;
3.
Birth date;
4.
Social Security Number;
5.
Driver's license number;
7.
Any conviction of violation of N.J.S.A. 2C:33-3, False Public Alarms;
8.
Any conviction of a crime or disorderly persons violation;
9.
Such other information the Volunteer Fire Company deems relevant
to the application provided none of such information is prohibited
by law.
d.
Following the filing of such applications the Volunteer Fire Company
shall transmit one of the applications to the Chief of Police who
shall conduct an investigation to ascertain the truth of the statements
made by the applicant upon his/her application and any such other
investigation by the applicant's background as he deems necessary
for the protection of the public good. If, as the result of such investigation,
the applicant is found to have been convicted of violation of N.J.S.A.
2C:17-1a, b, c, and/or d or N.J.S.A. 2C:33-3 or any other crime or
disorderly persons violation or any other information that would indicate
that the applicant may be a threat to the health, safety or welfare
of the community, the Chief of Police shall report such information
and the particulars thereof to the Volunteer Fire Company.
e.
In connection with the investigation, the applicant shall submit
to fingerprinting, and Chief of Police is authorized to submit applicant's
fingerprint card to and receive State criminal history record information
from the Division of State Police/State Bureau of Identification for
use in considering the suitability of all applicants covered under
this section.
f.
This subsection is intended to make the Volunteer Fire Company an
authorized agency as defined by N.J.A.C. 13:59-1.1.
[2002 Code § 2.24.170; Ord. No.
2007-30; New; Ord. No. 2009-04 § II]
a.
ACTIVE MEMBER
CHILDREN OF ACTIVE MEMBERS
FEES
VOLUNTEER ORGANIZATION
Definitions. The following definitions shall apply to the provisions
of this subsection.
Shall mean individuals who reside in the Borough and are
members in the Volunteer Fire Company, First Aid Squad (EMS), Auxiliary,
Fire Police who meet the definition of either active member or exempt
member as established by the bylaws of the volunteer organization.
Must reside in the Borough.
Are limited to those charges listed in this subsection which
are fully retained to the Borough as a revenue for open enrollment
programs only. Specifically excluded is any portion of the fees collected
by the Borough on behalf of another entity, including but not limited
to the State, County, or outside vendor.
Shall mean the Fire Company, First Aid Squad (EMS), Auxiliary
and Fire Police of the Borough.
b.
Incentives. All active members of the Fair Haven Fire Company, First
Aid (EMS), Auxiliary, Fire Police as defined in paragraph a above
shall be entitled to the following benefits:
1.
Exemption from the municipal portion of the Uniform Construction
Code fees for the issuance of a building permit required in connection
with either the construction of a new single-family home or an addition
or repairs to an existing single-family home. The fee exemption is
not to exceed $500 and the dwelling must be owned and occupied by
the active member;
2.
Exemption from fees for children of active members attending Borough
recreation programs;
3.
Exemption from the municipal portion of the fees for the issuance
of a permit required in connection with the use of the municipal boat
launching ramp;
4.
Exemption from the municipal portion of marriage license fees for
the active member; certified copies of marriage licenses for the active
member, and certified copies of birth and death certificates for immediate
members of the active member's family (father, mother, children).
5.
Exemption from fees for garage sale permits.
6.
Exemption from fees for tree removal permits.
7.
Exemption from fees for P.O.D. applications.
c.
Administration.
1.
On or about January 1st of each calendar year, the Membership Status
Chairperson of the Fire Department shall submit to the Municipal Clerk
a list of all individuals who meet the definition for active member
status, updated to add those individuals who have completed their
probationary period or to delete individuals who have been dropped
from membership or who no longer meet the criteria for active member
status.
2.
All active members and their family where applicable, must comply
with all registration procedures and complete all application forms
established by the Borough.
d.
Exclusions. No exemption shall be allowed for the following fees:
1.
Fees, licenses and permits associated with any for profit activity;
2.
Inclusion in programs when the registration is received after maximum
registration has been reached;
3.
Fees and escrows required by either the Planning Board or Board of
Adjustment in connection with any site plan or subdivision application;
4.
Escrows associated with engineering inspections;
5.
Posting of performance guarantees where required or permitted by
law.
[Ord. No. 2008-05 § 2.24.171; Ord. No. 2018-15; 5-24-2021 by Ord. No. 2021-07]
a.
Established. A Junior Firefighters' Auxiliary to the Volunteer Fire
Department of the Borough of Fair Haven is established pursuant to
the provisions of N.J.S.A. 40A:14-95, et seq., and subject to the
supervision of the Volunteer Fire Company and the Fire Chief. The
members of the Auxiliary shall be known as "Junior Firefighters."
b.
Eligibility for Membership. A person who is not less than 14 or more than 18 years of age shall be eligible for membership in the Junior Firefighters' Auxiliary. Prior to being accepted for membership in the Junior Firefighters' Auxiliary, a person eligible pursuant to subsection a. of this section shall:
1.
Obtain permission to join the Junior Firefighters' Auxiliary from
the person's parent(s) or guardian. Permission shall be granted in
writing to the Volunteer Fire Company on the form prescribed by the
N.J. Department of Community Affairs;
2.
Complete an application and be interviewed by the Fire Chief or his
or her designee with a parent or guardian present; and
3.
Submit documentation from a qualified physician verifying that the
person is medically able to perform the activities of the Junior Firefighters'
Auxiliary.
c.
Rules and Regulations. Pursuant to Section 2-27.3 and N.J.S.A. 40A:14-98, the Volunteer Fire Company shall adopt rules and regulations that provide for the training of the Junior Firefighters' Auxiliary for eventual membership in the Volunteer Fire Company. The rules and regulations governing the Junior Firefighters' Auxiliary shall comply with all applicable regulations established by the N.J. Department of Community Affairs, and they shall further comply with the following:
1.
A Junior Firefighter 16 years of age or older may perform the duties
permitted by the rules and regulations governing the Junior Firefighters'
Auxiliary at training events and emergency incidents, provided that:
(a)
The Junior Firefighter has been appropriately and adequately
trained to perform said duties;
(b)
The Junior Firefighter is appropriately and adequately supervised
in performing those duties at the training event or emergency incident;
and
(c)
The Junior Firefighter's parent(s) or guardian has provided
written permission allowing the Junior Firefighter to perform those
duties.
2.
Activities of Junior Firefighters' Auxiliary members under 16 years
of age shall be limited to:
(a)
Attending meetings of the Junior Firefighters' Auxiliary;
(b)
Receiving instruction;
(c)
Participating in training as established by regulations adopted
by the commissioner that does not involve fire, smoke, toxic or noxious
gas, or hazardous materials or substances; and
(d)
Observing firefighting activities, while under supervision.
3.
Junior Firefighters shall be subject to provisions of the Borough
Code covering firefighters as to suspension or expulsion as provided
therein.
4.
Junior Firefighters' Auxiliary members shall be insured by the same
coverage and in the same amounts as the regular members of the Volunteer
Fire Company.
