[1975 Code § 30-1; Ord. No. 011-75; New; Ord. No. 07-2001 § 1; Ord. No. 02-2018; amended 4-25-2023 by Ord. No. 08-2023]
There is hereby created a Police Department of the Borough of
Allentown, which may consist of the following:
a.
A Chief of Police.
b.
As many Lieutenants as may be necessary, as shall be determined by
resolution of the Borough Council.
c.
As many Sergeants as may be necessary, as shall be determined by
resolution of the Borough Council.
d.
As many patrolmen as may be necessary, as shall be determined by
resolution of the Borough Council.
e.
As many matrons, school crossing guards, fire police and clerks as
may be necessary, as shall be determined by resolution of the Borough
Council.
f.
As many Special Law Enforcement Officers as may be necessary, as
shall be determined by resolution of the Borough Council and in accordance
with N.J.S.A. 40A:14-146.10, 40A:14-146.17.
g.
As many detectives as may be necessary, as shall be determined by
resolution of the Borough Council.
[1975 Code § 30-2; Ord. No. 011-75]
All members of the Police Department shall be appointed by the
Mayor on the advice and consent of the Borough Council.
[1975 Code § 30-3; Ord. No. 011-75; Ord. No. 5-94; New]
The Mayor and Council are hereby designated as the appropriate
authority pursuant to N.J.S.A. 40A:14-118.
The Police Department of the Borough shall be under the control
of the Borough Council. The Chief of Police, or in the absence of
the Chief of Police, the Public Safety Director, or his designee,
shall report to the Mayor and Council. The Chairman of the Police
Committee shall act as the liaison between the Chief of Police and
the Mayor and Council. The Chief of Police shall report to the Borough
Council in the following form: He shall prepare a monthly report to
the Mayor and Council which shall be submitted to the Chairman of
the Police Committee who shall forward the same to the Borough Council.
[1975 Code § 30-4; Ord. No. 011-75; New]
The Borough Council shall establish by resolution and may amend
and repeal by resolution such rules and regulations as it may deem
necessary for the government and efficient working of the entire Department.
The rules and regulations, when adopted, shall be posted by the Police
Chief, or in the absence of a Chief of Police, the Public Safety Director
or his designee, within five days after the adoption thereof in a
prominent place in the Police Department headquarters, and a copy
thereof delivered to each and every member of the Department within
five days after the adoption of the rules or regulations or any amendment
or repeal thereof. Such rules and regulations shall, among other things,
provide for the breakdown of functions of the Department into bureaus
and specific powers and duties of officers and employees.
[1975 Code § 30-5; Ord. No. 011-75; New]
a.
Each applicant shall comply with all of the laws of the State of
New Jersey pertaining thereto.
b.
No person shall be appointed as a policeman unless he is a citizen
of the United States; is able to read, write and speak the English
language; is physically and mentally qualified; is of good moral character;
and has not been convicted of any criminal offense involving moral
turpitude.
c.
No person shall be given or accept a permanent appointment as a Police
Officer in the Borough unless such person has first been given a probationary
or temporary appointment to such office for a period of not less than
one year after successfully completing a Police Training Commission
required Basic Course for Police Officers pursuant to the provisions
of N.J.S.A. 52:17B-66 et seq.
d.
Each candidate for appointment to the Police Department shall be
and is required to submit to such written and oral examination as
may be required by the Borough Council, if applicable, and also submit
to a physical and mental examination by a licensed practicing physician
of the State of New Jersey designated by the Borough Council for such
purpose. The character and scope of such examination shall be for
the purpose of revealing the extent to which such applicant may be
mentally, physically and otherwise qualified to perform his duties
in the Department. Any applicant who shall fail to pass the written
or oral examination or who shall fail to meet the physical or mental
qualifications as may be set by the Borough Council or who, in the
opinion of the examining physician, is incapable of performing the
duties of a Police Officer in a safe and efficient manner shall be
ineligible for appointment to the Department. A background investigation
shall be conducted on an applicant to ensure his acceptance into a
Commission-approved Basic Course for Police Officers.
e.
No person shall be appointed to the Police Department as a regular
or probationary member unless he is, at the time of making application,
between the ages of 18 and 35 years, except as provided by law in
the case of veterans.
[1975 Code § 30-6; Ord. No. 011-75]
Each member of the Police Department shall, before entering
upon the performance of his duties, take and subscribe an oath to
bear true faith and allegiance to the government established in this
State, to support the Constitution of the United States of America
and the State of New Jersey and to faithfully, impartially and justly
discharge and perform all duties of his office, which oath or affirmation
shall be filed with the Borough Clerk.
[1975 Code § 30-7; Ord. No. 011-75; Ord. No. 5-94; New]
a.
The Chief of Police shall be the head of the Police Department and
shall be responsible to the Mayor and Council as the appropriate authority
for the efficiency and routine day-to-day operations of the Department.
The Chief of Police shall be responsible to:
1.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel; and administer and enforce special orders,
general orders, standards of performance, directives and other operational
directives as deemed necessary for the efficient operation of the
Department.
2.
Have, exercise, and discharge the functions, powers and duties of
the force;
3.
Prescribe the duties and assignments of all subordinates and other
personnel;
4.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and
5.
Report monthly to the appropriate authority in such form as shall
be prescribed by the Mayor and Council on the operation of the force
during the preceding month, and make such other reports as may be
requested by the appropriate authority.
b.
The control of the Police Department shall be vested in the Police
Chief and the discipline of the members of the Department shall be
governed by the Rules and Regulations of the Borough of Allentown
Police Department. The Chief of Police shall enforce all rules and
regulations of the Borough of Allentown Police Department and any
general and special orders or instructions which he may promulgate,
provided that such general or special orders or instructions do not
conflict with the rules and regulations, orders or instructions issued
by resolution of the Mayor and Council. He shall enforce all rules
and regulations, orders or instructions, whether promulgated by him
or by the Mayor and Council.
c.
The Chief of Police shall recommend to the Mayor and Council the
purchase of new equipment or the repair or rearrangement of such old
equipment as will increase the efficiency of the Department. He shall
have full charge and control of all the apparatus and equipment of
the Department and its assignment and use shall be held responsible
for its care, cleanliness and safekeeping.
[1975 Code § 30-8; Ord. No. 011-75; New]
The Police Department, through its Chief, shall:
a.
Preserve the public peace; protect life and property; prevent crime;
detect and arrest offenders against the penal laws and ordinances
effective within the Borough; suppress riots, mobs and insurrections;
disperse unlawful or dangerous assemblages and preserve order at all
elections and public meetings and assemblages.
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
use of the streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
c.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit, and report thereon
to the appropriate department; and provide proper police attendance
and protection at fires in the Borough.
d.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
e.
Operate a training program to maintain and improve the police efficiency
of the members of the Department; to insure officers receive required
mandated training courses and advanced training to insure the efficiency
of the Department.
[1975 Code § 30-9; Ord. No. 011-75; New]
a.
The Mayor, with the advice and consent of Council, may appoint special
policemen for a term not exceeding one year and revoke such appointments
in accordance with N.J.S.A. 40A:14-146.14.
b.
The Special Law Enforcement Officers shall carry out their duties
and responsibilities under the supervision of the Chief of Police
or in the absence of the Chief of Police, other Chief Law Enforcement
Officer of the Local Unit, and their duties shall be specifically
defined by the Chief of Police in accordance with N.J.S.A. 40A:14-146.11.
c.
Their powers, rights and duties, however, shall immediately cease
at the expiration of the term for which they were appointed, or upon
revocation of their appointment in accordance with N.J.S.A. 40A:14-146.11
and 40A: 14-146.14.
d.
Special Law Enforcement Officers shall not carry a revolver or other
weapon at any time, except as otherwise directed by the Chief of Police.
e.
No person shall be appointed as a Special Law Enforcement Officer
unless he is a citizen of the United States; is able to read, write
and speak the English language; is physically and mentally qualified;
is of good moral character, and has not been convicted of any crime.
Every such special policeman shall be fingerprinted, and his fingerprints
shall be filed with the Division of the State Police and Federal Bureau
of Investigation. Reports shall be made by the Chief of Police to
the Borough Council concerning the eligibility and qualifications
of any person proposed to be appointed as a Special Law Enforcement
Officer.
[1975 Code § 30-10; Ord. No. 011-75; New]
The hours of employment of uniformed members of the Police Department
shall be determined by the Chief of Police or in his absence the Director
of Public Safety with approval from the Borough Council. In case of
an emergency, the Mayor, the Chief of Police or the Chairman of the
Police Committee of the Borough Council shall have full authority
to summon and keep on duty any and all such members during the period
of emergency.
[1975 Code § 30-11; Ord. No. 011-75]
a.
Each person hereafter appointed to the Department shall be known
as a probationary patrolman and shall serve as a probationary patrolman
for a period not less than one year from the date of his appointment.
b.
Each person appointed or promoted to the position of Sergeant, Lieutenant
or Chief of Police shall likewise serve a probationary period in such
capacity for a period of one year from the date of his appointment
or promotion.
c.
At the termination of the probationary period and provided that the
candidate or person promoted satisfactorily meets all the requirements
of the position to which he has been appointed or promoted for the
probationary period, the appointment or promotion as patrolman, Sergeant,
Lieutenant or Chief of Police, as the case may be, shall be final.
[1975 Code § 30-12; Ord. No. 011-75; Ord. No. 5-94; New]
a.
Each member of the Department shall hold his office and continue
in his employment during good behavior, and efficiency in office and
no person shall be removed from office or employment for any cause
other than just cause, incapacity, misconduct, neglect of duty, conduct
unbecoming a Police Officer, or disobedience of the rules and regulations
of the Borough Police Department.
b.
Any member of the Department may be suspended, removed, fined or
reduced from his office or employment therein, for just cause, incapacity,
misconduct, neglect of duty, conduct unbecoming a Police Officer,
or disobedience of the rules and regulations of the Borough of Allentown
Police Department upon due notice and service of written charges and
a hearing in the form prescribed by the rules and regulations of the
Borough and in accordance with the appropriate Statutes of the State
of New Jersey.
[1975 Code § 30-13; Ord. No. 011-75]
All members of the Police Department shall provide and maintain
in a clean and serviceable condition such wearing apparel and equipment
as shall be prescribed by the rules and regulations of the Police
Department. The uniform shall be furnished at the expense of the Borough.
[1975 Code § 30-14; Ord. No. 011-75]
All firearms which may be provided by the Borough shall remain
the property of the Borough.
[1975 Code § 30-15; Ord. No. 011-75; New]
[1975 Code § 30-16; Ord. No. 011-75; Ord. No. 09-76; New]
a.
Necessity for Appointment. In the event that there exists a vacancy
in the office of the Chief of Police, the Mayor, with the consent
of the Borough Council, shall appoint a Director of Public Safety.
b.
Term. The Director of Public Safety shall be appointed for up to
one year, which term may be extended if the Mayor, with the consent
of Borough Council, shall deem the health and safety of the citizens
to be best served by a longer appointment time, to serve until a Chief
of Police is appointed and takes office.
c.
Salary. The Director of Public Safety shall be paid such salary as
is provided in the Salary Ordinance.
d.
Duties. The Director of Public Safety is the administrative head
of the Police Department and shall be responsible for the direct operation
of the Police Department and make all necessary reports, at least
monthly, to the Mayor and Council. He shall perform all the administrative
duties of the Chief of Police. He shall be responsible for the discipline
of the members of the Police Department, shall enforce the rules and
regulations of the Police Department and shall be accountable for
all activities of the Department.
[Ord. No. 04-2012; amended 8-20-2019 by Ord. No. 14-2019; 9-24-2019 by Ord. No. 17-2019; 2-11-2020 by Ord. No. 01-2020; 4-25-2023 by Ord. No. 08-2023; 9-12-2023 by Ord. No. 13-2023]
a.
Off-duty assignments of municipal police officers. Whenever the terms
"off-duty," "special duty," or "extra-duty" are utilized in this section,
they refer to duty assignments made by the Police Department assigned
Officer at the request of private citizens for special projects of
a private, quasi-public, or school nature.
b.
Extra duties. Whenever the Police Department assigned Officer or
his designee determines that extra-duty assignments shall be performed
for a party requesting private or quasi-public duty, the Police Department
assigned Officer or his designee shall enter into an agreement providing
for extra-duty assignments for which the Borough shall be compensated
at the rate set by this subsection. Such agreement shall be in accordance
with the following standards and provisions:
1.
The party requesting the assignment shall execute and deliver an
agreement in a form approved by the Allentown Police Department.
2.
The Borough shall be responsible to provide all necessary insurance
coverage as required by law including but not limited to, worker's
compensation, public liability, personal injury (including death)
or damage to property which may arise or result from the extra-duty
services performed pursuant hereto.
3.
Officers engaged in special duty assignments shall be deemed on-duty
and shall conform to all Police Department rules, regulations and
procedures.
4.
Any and all extra-duty assignments shall be determined and approved
by the Police Department assigned Officer or his designee, who may
assign a patrol vehicle for use in performing extra duty if and in
the event it is determined that the use of a patrol vehicle is necessary
to perform the contracted duty.
5.
The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered direct assignment
or duty on the job through the Borough. The taking of any and all
extra-duty assignments shall be on a voluntary basis.
6.
Any private persons or entities requesting the services of police
officers will be required to submit payment based on estimates of
the work to be done and relative administrative expenses in advance
of services rendered except in the case of an emergency or as it relates
to the school. The municipality would "escrow" the monies in the dedicated
fund to ensure timely payment to the police officers.
c.
Hourly Rates for Off-Duty Employment.
That the hourly rate per person be paid to the Allentown Borough
Police Officers for outside employment/extra duty as set forth in
this section shall be as follows:
1.
$95 per hour with the amount billed public and private individuals
or organizations being $115 per hour, except where the outside employment/extra
duty assignments are being paid for by the Borough or the Upper Freehold
Township Regional School District.
2.
When
outside employment/extra duty assignments are being paid for by the
Borough the hourly rate per person shall be $75 per hour.
3.
When
outside employment/extra duty assignments are being paid for by the
Upper Freehold Township Regional School District, the hourly rate
per person shall be $55 per hour with the amount billed the Upper
Freehold Township Regional School District being $65 dollars per hour.
4.
That the hourly rate per person be paid to Allentown Special Police/Crossing
Guards shall be $25 per hour and the amount billed public and private
individuals or organizations being $35 per hour.
5.
That the hourly rate for the use of police vehicles, except UFT Regional
schools, for outside employment shall be $125 for the first eight
hours. If the project requires more than eight hours, then use of
the police vehicle is billed at $35 per hour for time in excess of
the first eight hours. Minimum charge is $125 for any off-duty use
of police vehicle.
6.
Allentown Police Officers working outside employment/extra duty assignments
through Jobs4Blue or for other agencies or within other jurisdictions
shall be subject to the rate of pay agreed upon with the outside agency
or jurisdiction or Jobs4Blue. The Borough shall not be a party to
any dispute(s) regarding rate of pay between Allentown Police Officers
and other agencies or jurisdictions.
[Ord. No. 01-2013]
The Borough of Allentown hereby creates the position of Class
2 Special Officer.
[New]
There shall be a Department of Finance of the Borough, which
shall have jurisdiction over all business pertaining to finance.
[New]
The Borough shall have a Department of Finance which shall be
headed by the Borough Treasurer, who may be the Chief Financial Officer
of the Borough. The Treasurer so appointed shall possess all qualifications
required by law for a Municipal Treasurer and Chief Financial Officer
and which may be imposed by the Council by resolution. He shall serve
for a term of four years.
[New]
By virtue of N.J.S.A. 40A:9-140.1, the New Jersey Legislature
mandated that the Governing Body of each municipality must, by ordinance,
create the position of Chief Financial Officer.
[New]
There is hereby created the position of Certified Municipal
Financial Officer of the Borough of Allentown in accordance with N.J.S.A.
40A:9-140.1. The Chief Financial Officer shall be appointed by the
Governing Body for a four year term commencing January 1 of the year
in which he/she is appointed. The Governing Body may appoint such
Assistant or Deputy Municipal Financial Officers as it sees fit.
[New]
The Chief Financial Officer shall:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him/her in depositories authorized
by the Governing Body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him/her.
[New]
The Chief Financial Officer and any Assistants or Deputies shall
receive such compensation as shall be prescribed in the Salary Ordinance
of the Borough.
[New]
a.
Notwithstanding the provisions of any other law to the contrary,
any person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Borough's Clerk and with the Division of Local Government
Services in the Department of Community Affairs a notification evidencing
his compliance with this section.
b.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[New]
There is hereby created the position of Treasurer in accordance
with N.J.S.A. 40A:9-152. The appointment shall run concurrent with
the CFO appointment.
[New]
The Treasurer shall have, perform and exercise all the functions,
powers and duties as provided by general law and Borough ordinances.
He shall keep and maintain books and records of all financial transactions
of the Borough in accordance with the standards and requirements of
the Division of Local Finance in the Department of Community Affairs
of the State of New Jersey. He shall have custody of all public moneys
of the Borough and shall make monthly reports to the Council of all
receipts, expenditures, commitments and unexpended appropriations.
All moneys received from any source by or on behalf of the Borough
or any department, board, office or agency thereof, except as otherwise
provided by Borough ordinance, shall be paid to the Treasurer, who
shall, by the next ensuing bank day after their receipt, deposit them
in the authorized public depository of the Borough to the credit of
the proper account.
[New]
Disbursements in payment of bills and demands and the Borough
payroll shall be made by the Treasurer upon preaudit and approval
of Borough Council.
[1975 Code §§ 25-8—25-11]
a.
Office Established. There is hereby established the office of Deputy
Borough Treasurer.
b.
The Deputy Borough Treasurer shall hold office during the pleasure
of the Borough Council and, unless sooner removed, shall hold office
for a term of one year commencing January 1 and ending 12:00 midnight
December 31 in any year and until a successor or successors shall
have qualified, and shall be appointed at the annual meeting of the
Mayor and Council.
c.
Powers and Duties. The duties of the Deputy Borough Treasurer shall
specifically include the following, but the recital thereof as set
forth below shall not be exclusive, and the Mayor and Borough Council
may, by resolution, set forth other duties appropriate to the office.
d.
Salary of Deputy Borough Treasurer. The compensation of the Deputy
Borough Treasurer shall be as established in the Salary Ordinance.
[Ord. No. 01-2013]
The Borough of Allentown hereby creates the position of Assistant
to the Certified Municipal Finance Officer.
