[1974 Code § 28-1; Ord. No. 09-05-OAB]
There is created and established in the Township of Berkeley,
in the County of Ocean, a Police Department which shall be known as
the Division of Police within the Department of Administration. The
Police Department shall preserve the public peace; protect life and
property; protect, arrest and prosecute offenders of the laws of the
State of New Jersey and the Ordinances of the Township of Berkeley;
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.
[Ord. No. 09-05-OAB]
The Business Administrator under the direction of the Mayor
shall be designated as the Appropriate Authority as provided in the
New Jersey Statutes. The Appropriate Authority shall be responsible
for the overall performance of the Police Department. The Appropriate
Authority shall adopt and promulgate Rules and Regulations for the
government of the Police Department and for the discipline of its
members.
[1974 Code § 28-2; Ord. No. 36-76; Ord. No. 88-50; Ord. No. 09-05-OAB; Ord.
No. 13-53-OAB § 1]
[1974 Code § 28-3]
A police station, which shall be the headquarters of the Police
Department and shall be known as and designated as the "Police Headquarters
of the Township of Berkeley, New Jersey," hereinafter referred to
as the "police headquarters" is hereby established on the premises
known as the same in the Township of Berkeley and such other or additional
place or places as the Township Council may designate.
[1974 Code 28-4; Ord. No. 88-50; Ord. No. 09-05-OAB; Ord. No. 13-53-OAB § 2]
b.
When officers are of the same grade, they shall rank according to
their seniority determined by time and rank. When two or more officers
are appointed to the same grade on the same date, each shall rank
according to his respective position on the eligibility list, which
determined the order of his appointment to that grade.
[1974 Code § 28-6]
Police Officers regularly employed by the Township of Berkeley
at the time of the passage of this chapter shall continue as members
of the Police Department of the Township of Berkeley in the County
of Ocean.
[1974 Code § 28-6; Ord. No. 35-81; Ord. No. 09-05-OAB]
All appointments and promotions shall be for a probationary
period of one year. In the case of initial appointments, the one-year
period shall commence after graduation from a State-approved academy,
after which the appointment may be made permanent by the Appropriate
Authority upon the recommendation of the Chief. The Appropriate Authority,
upon the recommendation of the Chief, may terminate the appointment
of any probationary appointee without cause or refuse to make a permanent
promotion at any time during the one-year period. Special Law Enforcement
Officers shall be appointed annually by the Appropriate Authority,
upon the recommendation of the Chief, to serve at the pleasure of
the Appropriate Authority.
[1974 Code § 28-23; Ord. No. 09-05-OAB]
In determining eligibility for a promotion, the Appropriate
Authority, upon recommendation by the Chief, shall give consideration
to performance evaluations and New Jersey Department of Personnel
test criteria.
[1974 Code § 28-6; Ord. No. 09-05-OAB; Ord. No. 11-21-OAB]
The proposed Chief shall be nominated for the office of Chief
of Police by the Appropriate Authority, who shall submit his/her nomination
to the Township Council for their advice and consent. Said appointment
shall not take effect unless and until such time as advice and consent
has been provided by the Council. If the Council rejects the nomination
of the Appropriate Authority, the Appropriate Authority shall submit
a new nominee for the Council's consideration, which nominee cannot
have been previously submitted for the same vacancy. Pursuant to N.J.S.A.
40A:14-128, the Chief of Police shall be the head of the Division
of Police and shall be directly responsible to the Appropriate Authority
for its efficiency in day-to-day operations. The term of office of
the Chief of Police shall be indeterminate and continuous during good
behavior and efficiency. Pursuant to policies established by the Appropriate
Authority, the Chief of Police shall:
a.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the department and its members and officers.
b.
Have, exercise and discharge the functions, powers and duties of
the Division of Police.
c.
Prescribe the duties and assignments of all members and officers.
d.
Delegate such authority as may be deemed necessary for the official
operation of the Division of Police to be exercised under the Chiefs
direction and control.
e.
Report at least monthly to the Appropriate Authority in such form
as shall be prescribed on the operation of the Division of Police
during the preceding month and make such other reports as may be requested
by the Appropriate Authority.
[Ord. No. 13-53-OAB]
The proposed Deputy Chief of Police shall be appointed by the
Appropriate Authority and shall be qualified as required by State
Law. The Deputy Chief of Police shall assume the responsibilities
of the Chief of Police when the Chief is not available or when the
position of Chief is vacant. The Deputy Chief of Police shall assist
the Chief in running the Department and carrying out the responsibilities
of the Chief of Police, as well as carry out any other duties as assigned
by the Chief.
[1974 Code § 28-5; Ord. No. 09-05-OAB]
There shall be a Police Physician, also known as the "Police
Surgeon," who may also be the Township Physician. There may also be
Assistant Police Physicians appointed. Each Physician shall be appointed
by the Mayor with the advice and consent of the Township Council for
a term of one year beginning on the first day of January in the year
for which appointment shall be made. To be eligible, the appointee
must be duly licensed under the laws of the State of New Jersey for
the general practice of medicine. The duties of the Police Physician
and Assistants shall be established by regulation.
[Ord. No. 99-12-OAB § 1;
amended 11-22-2021 by Ord. No. 21-39-OA]
a.
Any person appointed as Chaplain shall be an ordained clergyman in
good standing in the religious body from which he or she is selected.
The Mayor may appoint as many Chaplains as deemed necessary.
b.
Such Chaplains shall serve without rank and without salary.
c.
The purpose of the appointment of Police Chaplains is to provide
religious advice and consultation to police officers upon request.
[1974 Code § 28-7; Ord. No. 08-26-OAB § 1; Ord. No. 09-05-OAB; Ord. No. 2013-16-OAB]
In addition to the specific qualifications and appointments
to specific offices or positions, the following general qualifications
shall apply. No person shall be appointed nor continue such appointment
to the Department unless such person:
a.
Completes an application or form provided for such purpose. Any misstatement
or nonstatement of essential facts on such application shall be sufficient
cause for rejection of the applicant, or for dismissal from the Department
if not discovered until after the appointment is made;
b.
Is a citizen of the United States and a resident of the State of
New Jersey and a resident of the Township of Berkeley as of the date
of appointment, in addition to residency as of the closing date of
the examination or shall otherwise comply with residency requirements/preferences
as set forth in this Code;
c.
Is able to read, write and speak the English language well and intelligently;
d.
Passes a police medical examination conducted by the Police Physician
and is in good health sufficient to satisfy the Board of Trustees
of the Police and Firemen's Retirement System of New Jersey as to
the officer's eligibility for membership in the retirement system;
e.
Is in possession of a valid New Jersey drivers license at all times;
f.
Is of good moral character and has not been convicted of any criminal
offense or disorderly persons offense;
g.
Is at least 18 years of age and otherwise meets the age requirements
set forth in N.J.S.A. 40A:14-127 and 127.1;
h.
Certification by a State certified psychologist selected by the Township,
that the candidate for appointment is emotionally and mentally capable
of assuming the duties of a Police Officer;
i.
Passage of the appropriate physical fitness examination administered
by the Ocean County Police Academy or such other police academy as
may be designated by the Township;
j.
Meets such other requirements as are established in the Police Department
Rules and Regulations and the Police Department Policies and Procedures.
[1]
Editor's Note: Former subsections 14-6.2, Special Operatives
and 14-6.3, Patrol Officers, previously codified herein and containing
portions of 1974 Code §§ 28-8 and 28-9, were repealed
in its entirety by Ordinance No. 09-05-OAB.
[Added 9-27-2021 by Ord.
No. 21-34-OAB; amended 8-22-2022 by Ord. No. 22-33-OAB]
In accordance with P.L. 2021, c. 7 (N.J.S.A. 11A:4-13) and any
amendments thereto, the Berkeley Township Police Department may hire
a person exempt from the requirement to take an examination for an
entry level law enforcement position, pursuant to the Conflict of
Interest and Nepotism Policy set forth herein.
[Added 9-27-2021 by Ord.
No. 21-34-OAB]
a.
No person who is a relative or family member of any Police Department
employee or officer or any elected official shall be considered for
full-time, part-time or seasonal employment as an employee of the
Berkeley Township Police Department. This shall not restrict nor prohibit
the continued employment of individuals to a position or positions
with the Township where a relative of a permanent employee is elected
after the date of the permanent employee's start date of employment
with the Township.
b.
No elected official may serve as liaison to the Police Department
that employ any member of that elected official's family.
c.
No Police Department employee shall be in a position that provides
supervision over a member of his or her family. This precludes the
acceptance of applications for full-time, part-time, or seasonal employment
from relatives for positions in the Police Department where supervision
conflicts exist or, through promotion, potential conflict could exist.
This policy does not apply to present employees of the Township.
d.
These policies are not for the purpose of depriving any citizen of
an equal chance for a government job, but solely to eliminate the
potential for preferential treatment of the relatives of the Police
Department, government personnel or elected officials. These policies
will not deprive any permanent employee as of the date of these policies
of any promotional right in the normal career development nor change
the existing status of any permanent employee. None of these policies
apply to any unpaid volunteer positions.
e.
No police officer or employee shall have an interest in a business
organization or engage in any business, transaction or professional
activity which is in substantial conflict with the proper discharge
of his or her duties in the public interest.
f.
No police officer or employee shall use or attempt to use his or
her official position to secure unwarranted privileges or advantages
for himself/herself or others.
g.
No police officer or employee shall act in his or her official capacity
in any matter where he or she, a member of his or her immediate family
or a business organization in which he or she has an interest has
a direct or indirect financial or personal involvement that might
reasonably be expected to impair his or her objectivity or independence
of judgment.
h.
No police officer or employee shall undertake any employment or service,
whether compensated or not, which might reasonably be expected to
prejudice his or her independence of judgment in the exercise of his
or her official duties.
[1974 Code § 28-13; Ord. No. 09-05-OAB]
The Chief of Police shall have and exercise the following authority
and shall, except during hours when he shall be off duty or absent
or on vacation, perform the following duties:
a.
Serve as the active executive officer of the Police Department and
shall command the Police Department and the Special Law Enforcement
Officers assigned to active duty.
b.
He shall report to the Appropriate Authority, or the Appropriate
Authority's designee, in accordance with N.J.S.A. 40A:14-118 with
such frequency as shall be required on all matters of interest connected
with the Police Department. He shall furnish the Appropriate Authority
with such information as the Appropriate Authority may, from time
to time, require.
c.
Instruct and direct all other members of the Police Department and
the Special Law Enforcement Officers assigned to active duty with
respect to their duties. He shall require that all duties shall be
promptly performed and that all rules and regulations herein established
shall be strictly obeyed and complied with. He shall, generally, maintain
a high degree of efficiency on the part of the Police Department and
the Special Law Enforcement Officers assigned to active duty.
d.
Communicate to the other members of the Police Department and to
the Special Law Enforcement Officers assigned to active duty all orders
made and instructions given by the Township Council in relation to
their work, and he shall require the prompt performance thereof and
compliance therewith.
e.
Observe the work of all other members of the Police Department and
Special Law Enforcement Officers assigned to active duty and, as occasion
may require, shall criticize constructively the work of individual
officers and shall give such instruction and direction as may be appropriate
to improve the efficiency of their work.
f.
Have charge of all property of the Township used by the Police Department
and the Special Law Enforcement Officers and shall attend to repair
maintenance of such property and equipment so that same shall at all
times be in proper condition for its effective use.
g.
Receive and have custody of all lost personal property found by members
of the Police Department or by other persons and delivered to the
Police Department. He shall also have custody of personal property
stolen or wrongfully taken and thereafter recovered by the Police
Department. He shall take proper measures for the purpose of returning
all such personal property to the owners thereof.
h.
Keep such time sheets as will show the names of the members of the
Police Department who shall have rendered police services to the Township
during the period covered by such payroll and show also the dates
and times when such services were performed.
i.
By virtue of his office, be vested with all the authorities and duties
of a Patrol Officer in respect to making an arrest.
j.
Keep himself fully informed at all times with respect to the conditions
in the Township affecting the public safety and good order.
k.
The Chief of Police may establish such bureaus or divisions as may
be required for the proper functions of the Department's work and
shall have the power to assign any and all members of the Department
to their respective duties and require them to perform the same, and
he shall assign the men in his command to such duties as, in his judgment,
shall be for the best interest of the Department.
l.
The Chief of Police may change the hours of duty of any Police Captain,
Lieutenant, Sergeant, Patrol Officer or any Special Law Enforcement
Officer; assign such members of the Department to special duties;
or require them to perform extra duty when there may be a necessity
for same.
m.
The Chief of Police shall enforce all the laws of the State and the
ordinances of the Township and shall cause to be investigated all
crimes, violations of State Statutes and Township ordinances and,
when appropriate, shall institute prosecution. It shall be his duty
to take cognizance of any and all neglect of duty, disobedience of
orders and other offenses on the part of the members of the Department
and to make formal written charges whenever such offenses require
formal charges. To this end, he shall investigate or cause to be investigated
any such offenses and shall submit a written report to the Appropriate
Authority.
n.
For adequate cause, the Chief may suspend from duty any Police Captain,
Lieutenant, Sergeant, Patrol Officer or Special Law Enforcement Officer.
o.
The Chief of Police shall maintain complete files of personnel records
and Department equipment. The Chief shall devote his energies and
plan his activities for the health, welfare, safety and general well-being
of the citizens and residents of the Township. He shall stimulate
in members of the Police Department that concern for the well-being
of all people and property in the community and appreciation and respect
for the rights and liberties of all persons. He shall constantly require
the members of the Police Department to strive for higher degree of
excellence and quality of law enforcement and service rendered by
them.
p.
He shall, whenever in his judgment it may be necessary and advisable,
assign one or more members of the Special Law Enforcement Officers
to the performance of active Police duties.
q.
He shall be the supervisory head of all Special Law Enforcement Officers.
r.
The Chief of Police shall be the supervisory head of any bureau or
division that exists or may be formed within the Police Department,
and he may designate a member of the Police Department to be the officer
in charge of any bureau or division when he deems it necessary or
advisable for the efficient operation of same.
[1974 Code § 28-13.1; Ord. No.
88-32; Ord. No. 09-05-OAB]
In the event of the absence or disability of the Chief or a vacancy in the office of the Chief, a Captain selected by the Appropriate Authority shall undertake those duties and responsibilities described in subsection 14-7.1.
[1974 Code § 28-17; Ord. No. 09-05-OAB]
Each Police Physician shall have and exercise the following
authority and perform the following duties:
a.
He shall, upon request, advise the Appropriate Authority and the
Chief in all medical matters that may arise in the course of operations
and activities of the Police Department and, shall likewise advise
in all matters pertaining to sanitation and public health that may
require the attention of the Police Department. He shall, when requested
by the Chief, make a physical examination of any applicant for appointment
and shall submit his report of such examination to the Chief.
b.
He shall make annual physical inspection of all Police Officers and
submit a report of his findings to the Chief.
c.
He shall, upon request of any member of the Police Department effecting
the arrest of a person for driving under the influence of alcohol
or drugs, examine the accused and submit a report of his findings
to the arresting Officer.
d.
He shall, when requested by any member of the Police Department,
examine any person taken into custody who evidences or complains of
any illnesses and submit a report of his findings to the Police Officer.
e.
He shall, when requested by the Chief of Police, conduct a physical
examination or a mental examination of any Police Officer and submit
a report of his findings to the Chief with his recommendations.
[1974 Code § 28-22; Ord. No. 09-05-OAB; Ord. No. 2015-05-OAB § 1]
There shall be such number of Special Police Officers available
for assignment to active duty in the Township as shall be appointed
by the Appropriate Authority upon the Chiefs recommendation. Each
Special Police Officer shall be appointed for a term not exceeding
12 months, which term of office and employment may be terminated at
any time by the Appropriate Authority upon the recommendation of the
Chief of Police in their sole discretion, with or without cause and
without prior notice of hearing. Each Special Police Officer so appointed
and qualified shall be officially designated and have the title "Special
Police Officer of the Township of Berkeley, New Jersey." Pursuant
to N.J.S.A. 40A:14-146.8, et seq., the Township of Berkeley qualifies
as a "resort municipality", which permits the Township to exceed the
25% limit on Class II Special Law Enforcement Officers and allows
these officers to work up to 48 hours per week during the seasonal
period.
[1974 Code § 28-22]
[1974 Code § 28-22]
Each Special Law Enforcement Officer shall receive compensation
as provided for in the Salary Ordinance of the Township and no Special
Law Enforcement Officer, by virtue of his appointment as such, shall
be or become a member of the Police Department.
[1974 Code § 28-22; § 28-18; New]
a.
Each Special Law Enforcement Officer, while assigned to active duty,
shall have and exercise the authority and shall perform the duties
of a Patrol Officer, as hereinabove enumerated; shall strictly obey
and comply with all other applicable terms and provisions of this
chapter and the rules and regulations herein established; and shall
obey, perform and comply with all orders and instructions applicable
to Police Officers which shall be made by the Chief and all other
superior officers.
b.
No Special Law Enforcement Officer on duty shall be armed unless
specifically ordered by the Chief and have the training required to
be a Class I Special Law Enforcement Officer.
c.
No Special Law Enforcement Officer shall wear the prescribed Police
uniform except when actually on duty, nor shall any Special Law Enforcement
Officer carry any Police equipment in any private vehicle unless reporting
to or returning from duty.
d.
No Special Law Enforcement Officer shall use his private vehicle
upon official Police business unless directly ordered to do so by
the Chief.
e.
Every Special Law Enforcement Officer, while on duty, shall abide
by all the rules and regulations of the Police Department.
[1974 Code § 28-22]
Any violation of the rules and regulations, where the penalty
for a Police Officer is suspension or dismissal, may result in the
immediate dismissal of a Special Law Enforcement Officer.
[1974 Code § 28-22; Ord. No. 09-05-OAB]
Seasonal or Special Officers and members shall be exempt from
the age and physical requirements hereinbefore set forth for appointments
to the regular force, except that in no case shall any of these seasonal
or Special Officers be over 65 years of age, and the Chief shall require
physical examinations from the Police Physician prior to their being
appointed.
[Ord. No. 2015-05-OAB § 2]
The application fee for a Special Law Enforcement Officer Class
I and Class II is established at $20 per application. This fee shall
be nonrefundable and is due and payable at the time the applicant
obtains the application.
[1974 Code § 36-76; Ord. No. 86-55; Ord. No. 09-05-OAB]
Rules and regulations governing the Township of Berkeley Police
Department and dealing with the discipline, training, efficiency,
use and care of equipment, personnel policies, ethics, conduct of
police officers on duty, public activities, judicial and investigative
actions and related matters shall, in the first instance, be prepared
by the Chief of Police in his capacity as executive head of the Department
and then submitted for final approval to the Appropriate Authority.
Nothing set forth herein shall be construed to limit the authority
of the Chief of Police without approval by the Governing Body to issue,
adopt, revoke and amend orders, policies and procedures for the administration
of the Police Department which do not constitute rules and regulations.
[1974 Code § 28-25; Ord. No. 36-76; Ord. No. 09-05-OAB]
The Disciplinary Code which includes prohibited acts and offenses and penalties enumerated shall be set forth in the Rules and Regulations adopted pursuant to Section 14-27 above. Disciplinary Action shall be consistent with N.J.S.A. 4A:2-1 et seq. and the New Jersey Attorney General's Guidelines on Internal Affairs.
[1974 Code § 28-27]
Each member of the Department shall submit to a physical examination
by one of the Police Physicians at least once per year at Township
expense. Failure to do so may result in disciplinary action.
[1974 Code § 28-28; Ord. No. 09-05-OAB]
Complaints or charges against any member of the Department for
violation of the Police rules and regulations, ordinances of the Township
or directives or for conduct unbecoming an officer shall comply with
the New Jersey Department of Personnel Regulations.
[1974 Code § 28-29]
a.
Whenever any member or officer of the Township Police Department
is charged with an offense under the law of this State, another State
or the United States, the Police Officer may be suspended from performing
his duties, with pay, until the case against the officer is disposed
of at trial, until the complaint is dismissed or until the prosecution
is terminated; provided, however, that if a grand jury returns an
indictment against the officer, or the officer is charged with an
offense which is a high misdemeanor or which involves moral turpitude
or dishonesty, the officer may be suspended from his duties, without
pay, until the case against him is disposed of at trial, until the
complaint is dismissed or the prosecution is terminated. If a suspended
Police Officer is found not guilty at trial, the charges are dismissed
or the prosecution is terminated, the officer shall be reinstated
in his position and shall be entitled to recover all pay withheld
during the period of suspension, subject to any disciplinary proceedings
or administrative action. If any Municipal Police Officer is suspended
with pay and is found guilty of the charges brought against him, the
Police Officer shall reimburse the Township for all pay received by
him during the period of his suspension.
b.
During a period of suspension, the member shall forthwith tender
his service revolver, his badge and his Police identification to the
Chief.
[1974 Code § 28-30]
Emergency disciplinary action shall take the following forms:
a.
Any command or supervisory officer of the Department shall have the
authority to impose emergency suspension until the next business day
against a member or employee of the Department when it appears that
such action is in the best interests of the Department and consistent
with these rules.
b.
A member or employee receiving an emergency suspension shall be required
to report to the Chief on the next business day at 9:00 a.m., unless
otherwise directed by his supervisor. The command or supervisory officer
imposing or recommending the suspension shall also report to the Chief
at the same time. Thereupon, the matter may be resolved informally
and duly noted in a written report filed in the office of the Chief,
or the matter may proceed to a formal hearing as provided herein.
[1974 Code § 28-31; Ord. No. 2-80]
a.
In the event that any Police Officer who is appointed pursuant to
the provisions of this chapter becomes ill or disabled under circumstances
connected with the discharge of his duties and subsequently cannot
perform those same duties, such ill or disabled Police Officer may
be compensated for a period of up to one year while on leave from
duty caused by such illness or disability.
1.
No Police Officer may be granted compensated leave pursuant to paragraph
a above until such time as the Township Council or the Chief of Police,
as the case may be, receives certification of the illness or disability
by an examining physician appointed by the Township Council.
2.
Upon proper certification by the appointed physician that any Police
Officer is ill or disabled, the Chief of Police has the authority
to grant such Police Officer leave for a period of up to 30 days.
After such stated leave shall elapse, the Township Council, by resolution,
may grant leave not to exceed one year, including the initial period
previously granted by the Chief of Police. Any Police Officer receiving
such leave must report to the Chief of Police as ordered by him during
such period of leave, and the Chief may, in his discretion, order
such Police Officer to be reexamined and recertified as ill or disabled
by the appointed physician at any time.
3.
If any Police Officer may be entitled to workers' compensation benefits
for the same illness or disability which resulted in a compensated
leave pursuant to paragraph a above, the Township Council may be responsible
for up to the full amount of such Police Officer's salary, reduced
by such worker's compensation benefits which the Police Officer may
be entitled to.
4.
Any Police Officer so ill or disabled may elect to use his accumulated
sick leave in lieu of disability leave.
b.
Word Usage.
1.
For purposes of this section an "illness or disability occurring
under circumstances connected with the discharge of his duties" is
one that occurs to a Police Officer while performing such duties for
which he is being paid as a Police Officer to perform, whether or
not such Police Officer is on duty at that time.
2.
For the purposes of this section a finding that a Police Officer
is ill or disabled will result when it has been shown to the satisfaction
of the appointed physician, or other specialist designated by the
Township Council, that such Police Officer is unable to perform any
function, including light duties, which he may be called upon to perform
in the regular course of his duties as a Police Officer.
3.
For purposes of this section, "light duties" include but are not
limited to dispatching, receptionist work, operating a telephone or
radio and clerical work.
[1974 Code § 28-32; Ord. No. 42-82; Ord. No. 09-05-OAB]
a.
Whenever any person requests duplication of a record contained in
the Records Bureau of the Berkeley Township Police Department, the
following fees are to be paid:[1]
|
Description
|
Fee
|
|---|---|
|
Printed documents - 1st page to the 10th page
|
$0.75 per page
|
|
11th page to the 20th page
|
$0.50 per page
|
|
All pages over 20 pages
|
$0.25 per page
|
|
Outgoing facsimiles
|
$15 per report
|
|
Police Photographs
|
$2 for each photograph or $50 for a digital copy
|
|
Duplication of VCR tapes
|
$50 per copy
|
|
Search/retrieval of telephone and radio tapes
|
$150 per search and 1 copy/$50 for each additional copy
|
|
Research/retrieval of all other records
|
$50 per search and 1 copy
|
[1]
Editor's Note: Pursuant to N.J.S.A. 47:1A-5, fees for copies
are subject to change. Fees will be based on current legislation.
b.
Certain individuals who are charged with offenses are televised,
and certain videotapes are made of these individuals. Requests are
made by defense counsel for an opportunity to review the tapes, and
the Township of Berkeley hereby establishes a fee of $30 per hour
or a portion thereof as a charge for viewing the tapes. Copies of
the videotapes or tapes shall be made available for the price of $90
per cassette or part thereof, with the provision that the party seeking
to copy the tape must supply his own video equipment and tape for
copying the same.
c.
Those parties who have been determined to be indigents and are assigned
counsel by the Court will not be subject to the viewing fees.
[Ord. No. 06-27-OAB § 1; Ord. No. 06-54-OAB § ; Ord. No. 09-05-OAB]
There is hereby created a procedure for the employment of Police
Officers by outside entities.
[Ord. No. 06-27-OAB § 2; Ord. No. 06-54-OAB § 2; Ord. No. 09-05-OAB]
The Attorney General of the State of New Jersey and the Division
of Local Government Services have determined that members of a municipal
Police Department may, during their off-duty hours, engage in police
related activities for private persons or entities. Pursuant to the
laws of the State of New Jersey, a municipality must agree to implement
a system whereby the off-duty availability of Police Officers is arranged
through a contract directly with the municipality and the private
person or entity.
[Ord. No. 06-27-OAB § 3; Ord. No. 06-54-OAB § 3; Ord. No. 09-05-OAB]
The contracting between the Township and the private person
or entity shall include a plan whereby the compensation for off-duty
police related services is channeled through the office of the Township
Treasurer and said compensation is placed in a special trust fund
to be established by the Township for that purpose, and that the proceeds
of said fund will be disbursed through the office of the Township
Treasurer to the individual officers performing such services.
[Ord. No. 06-27-OAB § 4; Ord. No. 06-54-OAB § 4; Ord. No. 09-05-OAB]
The Police Chief/Acting Police Chief shall be responsible for
the assignment of all extra-duty police related activities and the
billing of all compensation due the Township. The Police Chief shall
be authorized to designate other members of the Police Department
as needed to assist him in the assignment of extra-duty police related
activities. The specific procedure for assignment shall be in accordance
with the collective negotiated agreement between the Township and
Policeman's Benevolent Association, Local No. 237.
[Ord. No. 06-27-OAB § 5; Ord. No. 06-54-OAB § 5; Ord. No. 09-05-OAB]
Any private person or entity desiring to retain the services
of Police Officers of the Township of Berkeley for extra-duty work
shall be required to enter into a contract with the Township of Berkeley.
Said contract shall include, but not be limited to, the nature of
duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services to the officers,
administrative fees to the Township and fees, if any, for the use
of Township-owned equipment. Except in the case of public or quasi-public
agencies, the Police Chief/Acting Police Chief shall require the payment
of 100% of the estimated amount due to the Township for the assignment
of such off-duty officer or officers from the person or entity requesting
such assignment, in advance of providing such officer or officers.
The Police Chief/Acting Police Chief is hereby empowered to execute
a contract for extra-duty police related activities on behalf of the
Township of Berkeley in accordance with this chapter.
[Added 5-29-2022 by Ord.
No. 22-10-OAB; amended 8-22-2022 by Ord. No. 22-34-OAB]
a.
Contractors performing work involving the construction, repair, maintenance,
or opening of roads and streets, or any infrastructure located within,
under, or along any roads and streets which, as determined by the
Chief of Police, or his designee, and consistent with the policy set
forth by Administration, will affect or disrupt the normal flow of
traffic thereon, must enlist at least one extra-duty assigned police
officer to secure the work zone.
b.
To prevent or abate any public safety hazard, the officers assigned
to roadwork extra-duty assignments are authorized, with the approval
of the Chief of Police or his designee, to stop work in any construction
zone and to order the removal of any equipment and material.
[Ord. No. 06-27-OAB § 6; Ord. No. 06-54-OAB § 6; Ord. No. 09-05-OAB; amended 4-27-2020 by Ord. No. 20-15-OAB]
All private persons or entities shall be required to make all
payments for extra-duty assignment payable to the Township of Berkeley
to the Treasurer of the Township of Berkeley. The Treasure shall deposit
the moneys collected from said private persons or entities for payment
of the extra-duty officers into a special trust fund. All members
of the Police Department shall be paid for services performed on the
regular pay date, upon submission of a pay slip approved by the Police
Chief/Acting Police Chief or his designee and properly authorized
by the private person or entity. The hourly rate for police officers
shall be between $70 and $100, as set by the Policeman's Benevolent
Association, Local No. 237, and submitted to the Business Administrator.
[Ord. No. 06-27-OAB § 7; Ord. No. 06-54-OAB § 7; Ord. No. 09-05-OAB]
An administrative fee of $10 per hour shall be added and remitted
to the Township of Berkeley to cover the additional cost of both time
and materials expended in the administration of payment to Police
Officers for extra duty assignments. Use of a police car shall be
charged at $10 per hour and remitted to the Township with all other
charges.
[Ord. No. 06-27-OAB § 8; Ord. No. 06-54-OAB § 8; Ord. No. 09-05-OAB]
Each private person or entity that shall employ extra-duty officers
pursuant to this section shall be responsible for maintaining his
or her own insurance coverage. Said insurance coverage shall include,
but not be limited to, general liability and automobile. Proof of
said insurance coverage shall be provided to the Township of Berkeley
prior to the assignment of any officer(s) to said private person or
entity.
[Ord. No. 06-27-OAB § 9; Ord. No. 06-54-OAB § 9; Ord. No. 09-05-OAB]
The Police Chief/Acting Police Chief or his designee shall have
the authority to order any Police Officer engaged in extra-duty assignments
within the Township of Berkeley to respond to an emergency situation
within the Township of Berkeley. The Police Chief/Acting Police Chief
or his designee shall also have the right to order any extra-duty
assignment to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the Police Officer and/or
the residents of the Township of Berkeley. In any situation where
the officer is called to an emergency situation, the Police Chief/Acting
Police Chief or his designee shall make note of said emergency situation
as well as the time said officer was removed from said assignment.
In any situation where an extra-duty officer is called to an emergency
situation, said private person or entity shall not be responsible
for the payment of the officer's hourly rate or administrative fees
until such time as said Police Officer returns to the assignment with
the extra-duty employer.
[Ord. No. 06-27-OAB § 10; Ord. No. 06-54-OAB § 10; Ord. No. 09-05-OAB]
Any private person or entity requesting the services of extra-duty
Police Officers shall indemnify the Township of Berkeley for any and
all damages which may arise from the officers' employment by said
private person or entity.
