[HISTORY: Adopted by the Council of the Borough of Lawnside 4-6-1966 by Ord. No. 105-1966. Amended in its entirety 4-6-1994 by Ord. No. 11FY94. Other amendments noted
where applicable.]
[Editor's Note: Ordinance Nos. 3-1987 and 15-1987, adopt
and amend the Police Manual. This manual, containing rules and regulations
of the Division of Police, may be found on file in the office of the
Borough Clerk.]
There is hereby established in the Borough of Lawnside, in the
County of Camden and State of New Jersey, a Division of Police, which
shall consist of a Chief Executive Officer, one Captain of Police,
one Lieutenant of Police and such number of Sergeants, Corporals and
patrolmen of such class or classes as the Borough Council may deem
proper and by resolution from time to time specify and appoint.
The officers and members of the Division of Police shall have
the power to serve and execute all process issuing out of the Municipal
Court of the Borough of Lawnside and shall have such powers and duties
as shall be prescribed by the laws of the State of New Jersey, the
applicable ordinances and resolutions of the Borough of Lawnside and
such rules, regulations, orders and resolutions as may now or hereafter
be adopted for the government and discipline of the Division of Police.
The officers, men and women, of the Division of Police shall severally hold their respective offices and continue in their respective employment during good behavior and efficiency, and no person shall be removed from office or employment in the Division of Police for political reasons or for any cause other than incapacity, misconduct or disobedience of this chapter or the rules, regulations, orders and resolutions established or which may be established for the Division of Police or the statutes of New Jersey; provided, however, that any member of the Division of Police who shall be absent from duty without just cause for a period of five days continuously shall, upon a finding to that effect after hearing as provided in Section 28-17 hereof, be subject to dismissal from the Division.
[Amended 11-3-1976 by Ord. No. 9-1976]
To be eligible for appointment to the Division of Police of
the Borough of Lawnside, a man or woman must be a citizen of the United
States of America, of good moral character and at no time ever convicted
of a crime involving moral turpitude, and must meet all other tests
and qualifications established by statute, this chapter and the rules
and regulations of the Division of Police. Men must be not less than
five feet eight inches tall and one 145 pounds, and both men and women
must be in good health, sound in body and mind and be certified by
the physician designated by the borough as being physically capable
of performing the duties required of a police officer. All applicants
must meet the statutory age requirements and file an application for
membership, in duplicate, on a form prescribed by the Borough Council,
and, before appointment, must be examined by the physician appointed
by the borough.
[Added 6-4-1997 by Ord.
No. 11-FY1997]
A.
Candidates for appointment to the title of police officer are required
to be a resident of the Borough of Lawnside at the time of application
up to the time of permanent appointment as the first preference.
B.
After the residency list has been exhausted, appointment from the
county resident portion of the Department of Personnel eligibility
list will be used to consider candidates for appointment to the title
of police officer.
Patrolmen will be initially appointed to the Division of Police
upon the basis of an oral examination, with consideration to be given
to their personal qualifications and history.
Special police officers, including men and women, may be appointed
by the Borough Council for a term not exceeding one year. Such special
police officers shall not be members of the Division of Police, and
their powers, rights and duties shall immediately cease and terminate
at the expiration of the term for which they were appointed. Any such
appointment shall meet the age limits established by statute, if any,
and may be revoked at any time without notice and without hearing.
Such officers shall be under the control and supervision of the Chief
Executive Officer and may be furnished with a badge and identification
card and other equipment by the Chief Executive Officer, and said
badge, identification card and other equipment so assigned must be
returned to the Chief Executive Officer within 48 hours following
expiration of such appointment.
The Chief Executive Officer shall be the executive officer of
the Division of Police, subject to such rules, regulations and orders
as may from time to time be prescribed by the Borough Council and
under the immediate control and supervision of the Police Committee
of the Borough Council in the absence of a quorum of the Borough Council
or during emergencies. The Chief Executive Officer shall keep complete,
confidential personnel records of all members of the Division and
arrange for the keeping of a correct record of the work and operations
of the Division of Police and shall, at the end of each month, prepare
and present to the Borough Council at the regular meeting a report
of the work and operations of the Division for the preceding month
and the hours worked by all officers, including the Chief Executive
Officer.
It shall be the duty of the Chief Executive Officer to cause
public peace to be preserved and to see that all the laws and ordinances,
written orders and resolutions of the Borough Council pertaining to
police enforcement are properly complied with. He shall faithfully
and promptly obey and cause all the personnel under him to obey all
the rules, regulations, resolutions and orders from time to time prescribed
by the Borough Council.
The Captain of Police shall assist the Chief Executive Officer
in the administration of the Division of Police and shall perform
such duties as may from time to time be assigned to him by the Chief
Executive Officer. In the absence of the Chief Executive Officer,
temporary or otherwise, he shall perform the duties and have all the
powers of the Chief Executive Officer during the latter's absence
from duty.
The Lieutenant of Police shall assist the Chief Executive Officer
and the Captain of Police in the administration of the Division of
Police and shall perform such duties as may from time to time be assigned
to him by the Chief Executive Officer or the Captain of Police. In
the absence of the Chief Executive Officer and the Captain of Police,
temporary or otherwise, he shall perform the duties and have all the
powers of the Chief Executive.
The Sergeant of Police shall be next senior in rank to the Lieutenant
and shall perform such duties as may from time to time be assigned
to him by the Chief Executive Officer.
If any member of the Division of Police shall absent himself
from duty on account of sickness, such member shall be allowed such
absence as may be determined by the Borough Council and shall be paid
such salary as said Council shall resolve, unless such absence is
due to injury or illness incurred in the performance of duty, in which
case such member shall be entitled to full pay, subject, however,
to such limitations as may be otherwise imposed by law.
Headquarters for the Division of Police are hereby established
in such place or places as the Borough Council may from time to time
designate, which headquarters shall be open for the transaction of
business at all hours of the day or night, including Sundays.
Any officer, member or employee of the Division of Police shall
be subject to reprimand, deduction of pay, suspension from duty, reduction
in rank or dismissal, according to the nature or aggravation of his
or her offense, for any violation of the rules, regulations, orders
or resolutions governing the Division of Police or for any of the
following causes:
A.
Intoxication.
B.
Willful disobedience of orders.
C.
Indecent, profane or harsh language.
D.
Disrespect to a superior officer, or failure to obey the order or
command of a superior officer.
E.
Unnecessary violence to a prisoner or person under arrest.
F.
Absence without leave; sleeping on duty; absence from post of duty
without excuse; or not properly patrolling his or her beat.
G.
Refusal to pay debts contracted while in the Division of Police.
H.
Immorality, indecency or lewdness.
I.
Incapacity, either mental or physical; lack of energy or gross ignorance
of the laws, rules, regulations and orders of the Division.
J.
Frequenting, except on police business, a disorderly house, or visiting
while in uniform or on duty, except on police business, any tavern
or liquor store or speakeasy.
K.
Conviction of any criminal law, except minor traffic violations.
L.
For making known any proposed action or movement of the Division
of Police or contents of any order other than to a person immediately
concerned in their execution.
M.
Conduct unbecoming a gentleman and an officer.
N.
Conduct subversive to good order and the discipline of the Division
of Police.
O.
Publicly commenting on the official action of a superior officer.
P.
Failure to report a known violation of any law or ordinance of the
Borough of Lawnside, or accepting a bribe or favor as a consideration
either for the performance or nonperformance of his or her duty.
Q.
Soliciting anyone to intercede with the Chief Executive Officer or
the Borough Council in relation to promotions, changing of beats,
disposition of pending charges or any findings of a trial before the
Borough Council, or refusing to do duty or evading duty of any kind
whenever necessity requires, whether on patrol or elsewhere and whether
in uniform or not.
R.
Failure to report for duty and work shifts as assigned.
S.
Failure to report for duty when notified so to do by a superior officer
either directly or indirectly.
T.
Abuse of police cars and other equipment.
U.
Active participation in local politics other than the free exercise
of the right of suffrage.
[Amended 12-3-1980 by Ord. No. 4-1980]
V.
Interfering in civil cases except to prevent a breach of the peace
or to quell a disturbance.
W.
Soliciting for any charity while in uniform or becoming surety for
anyone charged with the commission of a crime or to release a person
from custody after arrest, except as provided by law.
The Chief Executive Officer shall have the power to suspend from duty any member of the Division against whom charges are brought for violating any of the regulations of Section 28-15 of this chapter or any applicable law or regulation governing the operation of the Borough Division of Police or the conduct of police officers generally. Such suspension may be with or without pay in the discretion of the Chief Executive Officer after approval of the Police Committee and shall be effective until such time as a final decision is rendered after hearing by the Borough Council. The Borough Council shall have the same power with regard to the office of Chief Executive Officer.
All charges against members of the Division of Police shall
be filed within 90 days from the date of the discovery of the alleged
offenses and shall be thoroughly examined in public by the Borough
Council, and upon any member's being convicted after due Division
hearing by said Borough Council of any violation of this chapter or
of any of the rules, regulations or orders of the Division of Police,
the Borough Council may, in lieu of dismissal from the Division, impose
such penalty as in the judgment of the Borough Council is warranted
by the character of the offense.
A.
Vacations for members of the Division of Police shall be in accordance
with the following schedule:
|
Years of Service Completed
|
Weeks of Vacation
|
|---|---|
|
15
|
3
|
|
2
|
2
|
|
1
|
1
|
B.
The computation of said time for vacation purposes shall be determined
as of the anniversary date of the employee's hiring, except where
his service may not have been continuous, in which event it shall
be the anniversary date of his cumulative years of service. For entitlement
to one week's vacation, 12 months of service shall be completed prior
to May 20 of the year said vacation is taken. Vacation time shall
not be cumulative, nor shall the vacation time for two consecutive
years be taken without at least six month's duty time intervening,
nor shall more than one vacation be taken during any single calendar
year. The scheduling of vacation during the year shall be at the discretion
of the Borough Council and Mayor and shall be based upon seniority
in the Division. All off-duty days and legal holidays falling within
a vacation shall be counted as vacation time.
The Borough Council shall make such rules and regulations concerning
the conduct and duties of the officers and personnel, the kinds of
uniform and insignia to be worn by them and concerning such other
matters as may be necessary for the proper regulation of the Division
of Police, and when same have been adopted by the Borough Council
they shall be known as the "Rules and Regulations for the Government
of the Division of Police of the Borough of Lawnside, County of Camden
and State of New Jersey," and shall be binding upon each officer and
member of the Division of Police and all special officers, and the
Borough Council may further make provision for the acquisition of
such apparatus, equipment and vehicles as it may deem necessary or
useful for the Division of Police.
Each member of the Division of Police shall be presented with
a printed copy of the rules and regulations of the Division of Police
and any neglect or failure by any member of the Division of Police
to carry out each and every rule and regulation or order as aforesaid
shall be held to be sufficient cause for disciplinary action and for
dismissal from the Division.
There shall be appointed each year by the Borough Council a
Physician designated by the Mayor and Council, who shall serve upon
request.
[Added 10-10-1990 by Ord.
No. 15-1989]
A.
Employment with the Borough of Lawnside Division of Police shall
be the officer's primary employment and any employment other than
that with the Lawnside Division of Police shall not exceed 20 hours
per week.
B.
All current police personnel employed prior to January 1, 1989 by
the Borough of Lawnside Division of Police shall reduce their outside
employment to not greater than 20 hours on or before January 1, 1992.
The twenty-hour rule stated herein shall apply immediately to all
police personnel hired after the effective date of this section.
[Added 7-2-2008 by Ord.
No. 09-FY2008; 5-6-2009 by Ord. No. 04-FY2009]
A.
Purpose. The Borough of Lawnside recognizes that there are times
when police officers are needed to be employed outside the scope of
their regular duties and responsibilities for public safety interests
and concerns. The New Jersey Department of Community Affairs, Division
of Local Government Services has established a process for managing
and accounting for outside employment of police officers, which requires
that a police officer be paid directly by the municipality through
its payroll system. Therefore, for the convenience of those persons
and entities who utilize the services of off-duty law enforcement
officers of the Borough of Lawnside Police Department and to authorize
the outside employment of borough police officers while off duty in
accordance with the New Jersey Department of Community Affairs, Division
of Local Government Services Notice Number CFO 2000-14, the Borough
hereby establishes a policy regarding the use of such officers.
(1)
Members of the Police Department shall be permitted to accept police
related employment for private employers only during off-duty hours
and at such times as will not interfere with the efficient performance
of regularly scheduled or emergency duty for the borough.
(2)
Any person or entity wishing to employ off-duty police officers shall
first obtain the approval of the Director of Public Safety/highest
ranking officer of the Lawnside Police Department, which approval
shall be granted if, in the opinion of the Director/highest ranking
officer of the Lawnside Police Department, such employment would not
be inconsistent with the efficient functioning and good reputation
of the Police Department, and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
Under no circumstances may a person or entity wishing to employ off-duty
police officers directly contact a Lawnside police officer in regard
to off-duty employment.
B.
Requests for services. All requests to the borough for the services
of off-duty law enforcement officers in the Lawnside Police Department
for a period of one week or longer shall be forwarded to the Public
Safety Director/highest ranking officer of the Lawnside Police Department
for posting at least 10 days before such services are required. Any
law enforcement officers, when so employed by the borough, shall be
treated as an employee of the borough provided, however, that wages
earned for outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed, nor shall hours
worked for outside employment be considered in any way compensable
as overtime.
C.
Rates of compensation; administrative fee; payment for services.
(1)
Rates of compensation for contracting the services of off-duty law enforcement officers shall be determined by the borough and may be adjusted or changed by the borough after an annual review. Said rate of compensation, however, shall not be less than $90 per hour, plus the additional fee set forth in subsection C(2) below. Such sums shall be paid through and out of regular payroll procedures of the borough subject to the rules and regulations promulgated by the New Jersey Division of Local Government Services.
[Amended 5-3-2023 by Ord. No. 04-2023]
(2)
An additional fee of 15% of the rate as calculated in subsection C(1) above is hereby established to cover administrative costs, overhead, and out of pocket expenses of the Borough, including but not limited to the use of Police Department equipment such as patrol cars and police radios.
(3)
Any person or entity utilizing the services of off-duty Lawnside
police officers must submit payment for the officers' services directly
to the Borough of Lawnside as detailed above. Under no circumstances
shall a person or entity utilizing the services of off-duty Lawnside
police officers make payments directly to the police officer or officers
who provided the off-duty service.
(4)
The borough shall submit an invoice to the person or entity utilizing
the police services together with a work log designating the dates,
time worked and names of the police officer(s). Said person or entity
shall be required to pay the full amount of the invoice within 30
days of mailing. If not paid in a timely manner, the Borough shall
have the right to immediately terminate the use of off-duty police
officers.
D.
Escrow accounts.
(1)
The borough may require, at its sole option, that any person or entity
requesting the services of an off-duty police officer in the Lawnside
Police Department shall establish an Escrow Account with the borough
to ensure payment of the services. In this event, the borough shall
estimate the number of hours such police officer services are required,
which estimate shall be approved in writing by the Director of Public
Safety/highest ranking officer of the Lawnside Police Department,
and shall establish an escrow account with the Borough Treasurer by
deposition an amount sufficient to cover the rates and compensation
and administrative fees set forth herein below for the total estimated
hours of service.
(2)
If the amount required to be deposited with the borough pursuant to subsection (1) hereinabove exceeds $3,000, an escrow deposit of $3,000 shall be required. Said $3,000 deposit shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than three $3,000, and then such lesser amount shall be required to be maintained.
(3)
Prior to posting any requests for service of off-duty law enforcement
officers, the Director of Public Safety/highest ranking officer of
the Lawnside Police Department, or his designee, shall verify that
the balance in the escrow account of the person or entity requesting
services is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. The Director
of Public Safety/highest ranking officer of the Lawnside Police Department
shall not post a request for services from any person or entity unless
all fees and compensation required in the manner described above have
been deposited with the Borough Treasurer. No officer shall provide
any such services for more hours than are specified in the request
for services.
(4)
In the event that the funds in such an escrow account should become
depleted, services of off-duty law enforcement officer shall cease
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
(5)
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
(6)
Houses of worship and local public schools shall be exempt from the
requirements for the posting of an escrow deposit.
E.
Insurance requirement.
(1)
Prior to a person or entity utilizing the services of off-duty Lawnside
Police Officers, the borough shall have the right to require that
adequate insurance coverage be provided. In that event, the person
or entity requiring police services shall designate the borough as
an additional insured on its liability insurance coverage and shall
file with the Borough Clerk a certificate of comprehensive general
liability insurance in the amount of not less than $200,000 for one
person and $500,000 for any one occurrence.
(2)
No certificate of insurance required by this subsection shall be
deemed filed by the Borough Clerk unless it has been first approved
by the Borough Attorney.
(3)
All policies of insurance evidenced by any certificate filed hereunder
shall be maintained in full force and effect at all times while any
police officer is employed by such person or entity. Upon the change
or renewal of any such policy of insurance, the person or entity shall
forthwith file with the Borough Clerk a new and current certificate
of insurance in compliance with the foregoing provisions.
(4)
The person or entity employing police officer services shall defend
and indemnify and hold harmless the borough from and against any and
all losses, penalties, damages, costs, charges and liabilities arising
out of or resulting from the performance of the services unless resulting
from the gross negligence of the acts of the borough's police officers.
F.
Penalty. Any person or entity who employs a police officer while
off-duty to perform services without first having complied with the
requirements of this section shall be subject to a fine of five $500
or imprisonment of one day, or both, for each day that it employs
the police officer.
G.
Officers' duties. Any police officer who accepts or continues employment
while off-duty with a person or entity who has not complied with the
requirements of this section shall be deemed in violation of the Rules
and Regulations of the Police Department and shall be subject to appropriate
discipline thereunder. The police officer shall, prior to accepting
or continuing off-duty employment, ascertain from the person or entity
offering the off-duty employment whether it has complied with the
provisions hereof. If the person or entity has not yet complied, the
police officer shall not accept the prospective off-duty employment.
H.
Severability. If any paragraph, section, subsection, sentence, clause,
phrase or portion of this section is for reason held invalid or unconstitutional
by any Court or administrative agency or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining paragraphs
or sections hereof.
I.
Inconsistency. All ordinances or parts of ordinances inconsistent
with this section are hereby repealed to extent of such inconsistency.
J.
Effective date. This section shall take effect after final passage
and publication as provided by law.
