[HISTORY: Adopted by the Township Committee of the Township
of Raritan 10-11-2000 by Ord. No.
00-27 as Ch. 2.56 of the 2000 Code. Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Police Department of the Township is established and shall
consist of a Chief of Police and employees as the Township Committee
may from time to time appoint, including but not limited to one Captain,
two Lieutenants, five Sergeants, four Corporals, one Detective Sergeant,
one Detective Corporal, two detectives and 24 police officers, probationary
police officers, police matrons, school crossing guards, traffic control
officers, secretaries and clerical personnel. Notwithstanding the
aforementioned, it shall remain the prerogative of the Township Committee
to permit positions to remain unfilled.
All members of the Police Department shall be appointed by the
Township Committee to hold office as provided by law. No person shall
be appointed Chief of Police unless he or she shall have served as
a member of the Department for a period of three years.[1]
[1]
Editor's Note: Original § 2.56.030, Public Safety
Committee, of the 2000 Code, which immediately followed this section,
was repealed 2-19-2019 by Ord. No. 19-02.
[Amended 4-6-2021 by Ord. No. 21-06]
A.
Rules and Regulations Manual established. Procedures for the operation
of the Raritan Township Police Department shall be governed by a Rules
and Regulations Manual. Pursuant to N.J.S.A. 40A:14-188, the Rules
and Regulations Manual shall be promulgated by the appropriate authority
and may, from time to time, be amended, consistent with any collective
bargaining agreement then in effect. The Rules and Regulations Manual
or any amendment thereto, upon promulgation by the appropriate authority,
shall be approved by resolution of the Township Committee. The promulgated
and approved Rules and Regulations Manual shall be maintained by the
Chief of Police and shall be made available for public inspection
upon request pursuant to law.
B.
Rules and Regulations Manual; policies and procedures.
(1)
Distribution of the Rules and Regulations Manual. One copy of the
Department Rules and Regulations Manual shall be available to each
police officer and to certain civilian employees of the Police Department.
A copy of the Manual shall also be filed with the offices of the Township
Administrator, Township Clerk, and the Mayor.
(2)
Responsibility for maintenance. All members and employees who are
assigned a manual shall be responsible for its maintenance and care.
All manuals shall be kept current, and supplementary pages concerning
additions, revisions or amendments shall be promptly and properly
inserted.
(3)
Familiarization. Each police officer and civilian employee is duty
bound to thoroughly familiarize himself/herself with the provisions
of the Department Rules and Regulations, along with any Department
procedure or order. Failure to comply shall be considered neglect
of duty.
(4)
Ignorance of contents of Department Rules and Regulations. In the
event neglect of duty is charged against a member for failure to observe
the Rules and Regulations, or any Department procedure or order, ignorance
of any provision of the Manual, or any Department procedure or order,
will not be accepted as an excuse.
Each applicant shall have the qualifications prescribed by the
laws of the State of New Jersey pertaining thereto. No person shall
be given or accept a permanent appointment as a police officer in
the Township unless such person has first been given a probationary
or temporary appointment to such office for a period of not longer
than one year and has successfully completed a police training course
at a school approved and authorized by the Police Training Commission
in the Department of Law and Public Safety of the State of New Jersey,
pursuant to the provisions of N.J.S.A. 52:17B-68.
Each member of the Police Department shall, before entering
upon the performance of his or her duties, take and subscribe an oath
or affirmation to bear true faith and allegiance to the government
established in this state, to support the Constitutions of the United
States of America and the State of New Jersey, and to faithfully,
impartially and justly discharge and perform all the duties of his
or her office, which oath or affirmation shall be filed with the Clerk.
[Amended by Ord. No. 10-3; 2-19-2019 by Ord. No. 19-02]
A.
The Chief of Police shall be the
executive head of the Police Department and shall be responsible to
the appropriate authority and, ultimately, to the Township Committee
for the efficiency and routine day-to-day operations thereof. Should
the Chief of Police be unavailable, the Chief of Police shall designate
an officer to carry out and be responsible for all of the functions
of the Chief of Police. If the Chief of Police is unavailable and
has not designated an officer to perform the Chief's duties, the Township
Committee shall designate an officer to carry out and be responsible
for all of the functions of the Chief of Police during the period
the Chief of Police is unavailable.
B.
The control and discipline of
the Police Department of the Township and of its members shall be
vested in the Chief of Police, and he or she shall enforce all rules
and regulations and any general and special orders or instructions
not inconsistent with those of the Township Committee which he or
she may from time to time promulgate. Should the Chief of Police deem
any violation by a member of the Department to be sufficiently flagrant,
he or she shall report it to the Township Committee with his or her
recommendations for the filing of charges.
C.
The Chief of Police, with the
assistance of the other members of the Department detailed for the
purpose, shall keep a complete record on the work of the Department,
and the Chief of Police shall report in writing or in person to the
Township Committee at its first regular meeting in each month on all
matters of importance pertaining to the Department, making such recommendations
as in his or her opinion will increase the efficiency of the Department.
D.
The Chief of Police shall recommend
to the Township Committee from time to time the purchase of new equipment
or the repair or rearrangement of such old equipment as will increase
the efficiency of the Department. He or she shall have full charge
and control of all the apparatus and equipment of the Department and
its assignment and use, and shall be held responsible for its care,
cleanliness and safekeeping.
The Police Department 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 Township, 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 the 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 Township
for such purposes.
C.
Remove or cause to be removed
all nuisances in the public streets, parks and other public places
of the Township and 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.
D.
Provide proper police attendance
and protection at fires.
E.
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.
Each regular police officer shall hold his or her office and
continue employment during good behavior and efficiency, and no person
shall be removed from office or employment for any causes other than
incapacity, misconduct, neglect of duty, conduct unbecoming a police
officer, disobedience of the rules and regulations established and
hereafter established for the Department or absence from duty without
just cause for five days or more. A member of the Department may be
suspended, removed, fined or reduced from his office or employment
for just cause only and upon due notice and service of written charges
and a hearing.[1]
[1]
Editor's Note: Original §§ 2.56.110, 2.56.120,
2.56.130, 2.56.140 and 2.56.150 of the 2000 Code, which immediately
followed this section and dealt with the Director of Public Safety,
were repealed 2-19-2019 by Ord. No. 19-02.
[Amended by Ord. No. 2016-06]
A.
Requirements.
Police officers may work for outside persons or entities on their
off-duty hours with the approval of the Chief of Police and provided
the Chief of Police determines, in his discretion, that there are
sufficient police personnel available, that the outside employment
assignment will not interfere with the needs of the Township, and
that sufficient funds have been deposited in an escrow account with
the Township Chief Financial Officer to cover the anticipated costs
of such off-duty assignments. Such work shall hereinafter be referred
to as "off-duty police services or employment."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Application.
Any person, entity, contractor or utility wishing to employ an off-duty
police officer must apply to the Chief of Police, or his designee,
requesting off-duty police services. The written application shall
include the following information:
(1)
The dates that off-duty police
services and, if appropriate, police vehicle(s) will be needed.
(2)
The nature of the off-duty
police services requested.
(3)
An estimate of the number of off-duty police officers and an estimate of the number of hours the person or entity anticipates needing such police officer(s) and, if appropriate, police vehicle(s). The Chief of Police, or his designee, based upon the application, will ultimately determine the number of police officers and number of hours of officers needed for each application, subject to Subsection D below.
C.
Escrow
account.
(1)
The funds to cover the cost
of off-duty police services and use of any Township vehicles, based
on the estimated number of officers and hours as determined by the
Chief of Police, or his designee, shall be submitted to the Chief
of Police, or his designee, which shall be forwarded to the Township's
Chief Financial Officer, or his designee, before the start of any
off-duty employment in accordance with state and Division of Local
Government Services regulations. An escrow account shall be established
for funds dedicated to the payment of off-duty police officers for
outside employment by private persons or entities. The person, entity,
contractor or utility shall deposit an amount sufficient to cover
the rates of compensation and administrative fees set forth herein
for the total estimated hours of service. All funds received for off-duty
police services shall be deposited and kept in this account. All payments
to the police officers for such services shall be made from the funds
in this account.
(2)
In the event the funds in
such escrow account should become depleted, the Chief of Police, or
his designee, shall immediately notify the responsible person or entity
that the funds in the escrow account are insufficient to pay for continued
off-duty police services. The person, entity, contractor or utility
shall then either replenish the escrow account with an amount sufficient
to pay for continued services or the Chief of Police, or his designee,
shall immediately terminate provision of the off-duty police services,
unless the Chief of Police or his designee determines such termination
would be a danger to the safety and welfare of the public.
(3)
If the estimated costs deposited
in the escrow account exceed the actual costs incurred, then the Township
shall, upon proper notice to the Township Chief Financial Officer,
and certification from the Chief of Police, or his designee, that
the project is completed and no further police services are needed,
refund the remainder of the escrow account.
D.
Compensation.
[Amended by Ord. No. 2016-12]
(1)
Any off-duty police officer
hired for outside employment shall be compensated at the rate set
forth in the "Outside Employment" provision of the current PBA 337
and PBA 337A collective negotiations agreements. The current rates
for outside employment are $75 per hour for the Hunterdon County Regional
High School District and the Flemington-Raritan School District (K-8)
and $90 per hour for all other employment.
[Amended 6-5-2019 by Ord.
No. 19-18]
(2)
The person, entity, contractor or utility requesting such off-duty employment shall also be responsible for payment of an administrative fee to the Township as established by resolution. Borough Resolution 13-129 establishes the current administrative fee for outside employment at 24.81% of the hourly pay rate. This fee is in addition to the cost per officer set forth in Subsection D(1).
(3)
Any off-duty police officer
hired for outside employment shall be paid a minimum of four hours
regardless of the actual amount of time worked.
(4)
Any person, entity, contractor,
or utility who or which commits to hiring a police officer or officers
and cancels or reschedules the work within four hours of the time
scheduled to commence the work shall be required to pay the officer(s)
through the Township of Raritan for four hours at the applicable hourly
rate unless a natural disaster, state of emergency, and/or any other
force majeure act occurs or is declared.
(5)
Any off-duty police officer
hired for outside employment shall be subject to the rules and regulations,
standard operating procedures (SOPs) and general orders of the Raritan
Township Police Department. Wages earned for outside employment shall
not be applied toward the pension benefits of the police officer so
employed, nor shall hours worked for outside employment be considered
in any way as compensable overtime payable by the Township.
(6)
The person, entity, contractor
or utility requesting such off-duty employment shall assume any and
all liability arising from such off-duty police employment, including
but not limited to liability arising from travel to and from job locations
and services rendered during the off-duty employment. The person,
entity, contractor or utility requesting such off-duty employment
must sign, in advance, a hold harmless and indemnification agreement
stating that such person or entity will release, defend and indemnify
the police officer so employed, the Chief of Police, the Raritan Township
Police Department, Raritan Township, and any agent, officer or employee
thereof and save them harmless from and against any and all claims,
actions, damages, liabilities, and expenses, including but not limited
to court costs and reasonable attorney fees, in connection with such
off-duty employment.
(7)
Prior to the commencement
of any off-duty employment, the person, entity, contractor or utility
requesting such off-duty employment shall deliver to the Township
a certificate of insurance evidencing general liability coverage in
an amount of at least $1,000,000 per occurrence, and workers' compensation
with statutory limits, which shall be reasonably satisfactory to the
Township. The certificate of insurance must name the Township of Raritan
as additional insured. All policies of insurance evidenced by any
certificate filed hereunder shall be maintained in full force and
effect during the term of the outside employment. Upon any change
or renewal, a new certificate must be filed with the Township.
[Added 2-19-2019 by Ord.
No. 19-02]
Pursuant to N.J.S.A. 40A:14-118, the Township Administrator
of the Township of Raritan is appointed the appropriate authority
of the Police Department.
[Added 4-16-2019 by Ord.
No. 19-11; amended 8-18-2020 by Ord. No. 20-25]
A.
Appointment; duties; hours.
(1)
The Township Committee may,
from time to time, appoint Class One (I) special law enforcement officers,
Class Two (II) special law enforcement officers, and Class Three (III)
special law enforcement officers as defined by the Special Law Enforcement
Officers' Act, N.J.S.A. 40A:14-146.8 et seq., as amended by P.L. 2016,
c. 68.
(2)
The number of Class I, II
and III special law enforcement officers shall be determined on an
annual basis by the Township. The number of Class II special law enforcement
officers shall be limited to not more than 25% of the total number
of regular police officers.
(3)
Pursuant to N.J.S.A. 40A:14-146.11,
special law enforcement officers, upon appointment, shall have the
following powers and duties and perform the services as described
hereinbelow as permitted by law and upon assignment by the Chief of
Police or his/her designee:
(a)
Class I. Class I special law enforcement officers shall be authorized
to perform routine traffic detail, spectator control and similar duties.
Class I special law enforcement officers shall have the power to issue
summonses for disorderly persons and petty disorderly persons offenses,
violations of Township ordinances and violations of Title 39 of the
Revised Statutes of the State of New Jersey. The use of a firearm
by a Class I special law enforcement officer is strictly prohibited
and they shall not be assigned any duties which may require the carrying
or use of a firearm.
(b)
Class II. Class II special law enforcement officers shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer. The use of a firearm
by a Class II special law enforcement officer may be authorized only
after the officer has been fully certified as successfully completing
training as prescribed by the Police Training Commission of the New
Jersey Department of Law and Public Safety.
(c)
Class III. Class III special law enforcement officers shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer while providing security
at a public school premises during hours when the school is normally
in session or when it is occupied by students. While on duty in the
Township, a Class III special law enforcement officer may respond
to offenses or emergencies off school grounds if they occur in the
officer's presence while traveling to a school facility but said officer
shall not otherwise be dispatched or dedicated to any assignment off
school property. The use of a firearm by a Class III special law enforcement
officers shall be permitted pursuant to N.J.S.A. 40A:14-146.14, as
may be amended from time to time. The placement of Class III special
law enforcement officers shall be subject to any agreement or interlocal
services agreement with any school or local unit and further subject
to the direct supervision of the Chief of Police.
(4)
Pursuant to N.J.S.A. 40A:14-146.16,
all Class III special law enforcement officers shall only be employed
part-time, not to exceed, on average, 20 hours per week per calendar
year, except for Class III special law enforcement officers, who shall
not exceed, on average, 30 hours per week per calendar year. Special
law enforcement officers shall not be entitled to tenure. Pursuant
to N.J.S.A. 40A:14-146.16(d), no Class III special law enforcement
officer shall be eligible for health care benefits from the Township
or enrollment in any state-administered retirement system.
C.
Qualifications; fingerprinting.
(1)
No person shall be appointed
as a special law enforcement officer unless he or she:
(a)
Is a citizen of the United
States and a resident of the State of New Jersey during the term of
appointment;
(b)
Is able to read, write
and speak the English language and has a high school diploma or its
equivalent;
(c)
Is sound of body and of
good health;
(d)
Is of good moral character
and has not been convicted of any offense involving dishonesty or
which could make him or her unfit to perform the duties of his or
her office; and
(e)
Has successfully undergone
the same psychological testing that is required of all full-time police
officers in the Township.
(2)
For Class III special law
enforcement officers, no person shall be appointed unless he or she:
(a)
Is a bona fide retired law enforcement officer who is less than 65
years of age;
(b)
Has served as a duly qualified, fully trained, full-time officer
in any municipality or county of the State of New Jersey or as a member
of the State Police, interstate police force, state or county corrections
officer, state juvenile corrections officer or juvenile detention
officer, or any other qualified, fully trained, full-time law enforcement
officer who had full powers of arrest and was separated from that
prior service in good standing, within three years of appointment;
(c)
Is physically capable of performing functions of the position, determined
in accordance with Police Training Commission guidelines;
(d)
Possesses a New Jersey Police Training Commission basic police officer
certification or New Jersey State Police Officer Academy certification
or has successfully completed training at the Correction Officers
Training Academy of the Department of Corrections or at a basic training
program for corrections officers and juvenile detention officers established
by a county; and
(e)
Has completed the training course for safe schools resource officers
developed pursuant to N.J.S.A. 52:17B-71.8.
(3)
Additionally, every special
law enforcement officer shall be fingerprinted, and his or her fingerprints
shall be filed with the Division of the State Police and the Federal
Bureau of Investigation. Reports shall be made by the Chief of Police
to the Township Committee concerning the eligibility and qualifications
of any person proposed to be appointed a special law enforcement officer.
