[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 11-13-1973 by Ord.
No. 73-11-220, amended in its entirety 6-14-1988 by Ord. No. 88-11-366; amended in entirety 3-12-2014 by Ord. No. 14-06-717. Subsequent amendments noted
where applicable.]
There is hereby established a Police Department in and for the
Borough of Pine Beach pursuant to the powers vested in the Borough
of Pine Beach by the statutes of the State of New Jersey.
A.
The Police Department so established shall be organized and shall
operate in accordance with the provisions of N.J.S.A. 40A:14-118 et
seq. and other applicable state law.
B.
The Police Department is charged with and it shall be its duty to
maintain law and order, to protect public and private property, to
prevent insurrection or riot, to enforce the laws of the United States,
the State of New Jersey and the ordinances, codes and laws of the
Borough of Pine Beach, to apprehend and appear in prosecution of violators
of said laws, to obey the provisions of this chapter and the rules
and regulations established by the Borough of Pine Beach for the Police
Department pursuant to this chapter and to present to the Mayor and
Council recommendations intended to promote the health, safety and
general welfare of the Borough of Pine Beach and its residents.
C.
In connection with the aforesaid purposes, the Department and its
members shall exercise its best efforts to determine the cause of
law violations, to prevent law violations, to apprehend and prosecute
offenders, to recover property wrongfully taken, to secure the peace
and safety of the residents of the borough, to promote traffic safety,
to carry out regulatory activities as may be assigned to the Department
from time to time and to conduct effective internal management to
achieve the above objectives.
The headquarters of the Police Department of the Borough of
Pine Beach shall be situated at the Borough Hall or at such other
place or places within the Borough of Pine Beach as shall from time
to time be designated by the Mayor and Council.
[Added 3-11-2015 by Ord.
No. 15-02-726]
A.
There are hereby authorized for the Police Department of the Borough
of Pine Beach the following positions: A Chief of Police, no more
than two Sergeants and no more than six patrolmen. The governing body
may appoint no more than three special police officers as deemed necessary
and in compliance with the provisions of the State of New Jersey Special
Law Enforcement Officers' Act. (See N.J.S.A. 40A:14-146.8 et seq.)
In addition, if the need should arise, the Mayor and Council are authorized
to appoint, by resolution, no more than one Captain and no more than
one Lieutenant.
B.
All appointments to any of the above-mentioned positions shall be
made by the Mayor, with the advice and consent of the Council, after
consideration of all applications and any recommendations of the Chief
of Police.
C.
The Mayor and Council may further provide for the promotion of such
members, officers and personnel as they shall deem necessary for the
proper and efficient operation of the Police Department. The Mayor
and Council shall further determine the terms of office, compensation,
powers, functions and duties of all such members, officers and personnel.
D.
Except where State law provides otherwise, before becoming a permanent
member of the Police Department, all newly hired full-time police
officers shall successfully complete the basic course of training
mandated by the Police Training Act and shall thereafter serve a probationary
period of one year, during which (a) the officer shall be known as
a probationary police officer and during which (b) the probationary
police officer's overall fitness to perform the duties of a permanent
police officer shall be evaluated and determined before the officer
is considered for a permanent appointment to the Police Department.
Time served as a part-time police officer before becoming a full-time
probationary police officer shall not be counted or considered to
be part of the probationary period. During the probationary period,
the probationary police officer will receive training and guidance
from the Police Chief and/or a supervisor. Probationary police officers
may be discharged at any time during the probationary period if the
Chief of Police concludes that the probationary police officer is
not progressing or performing satisfactorily. At the end of the probationary
period, the Chief of Police will conduct an employee evaluation. No
person shall be appointed as a permanent full-time member of the Police
Department unless during the probationary period, that the person
has, through his or her actual on-the-job performance, shown consistently
appropriate demeanor and comportment, the ability to effectively interact
with fellow officers, superiors, and members of the public, the ability
to properly react and respond to real-life situations, shown qualities
of honesty, candor, integrity, reliability, and has shown a positive
attitude and an aptitude for permanent police employment. Under appropriate
circumstances, the Chief of Police may extend the duration of the
probationary period.
The Chief of Police is the Chief Executive Officer of the Department.
The Chief shall be directly responsible to the appropriate authority
for the efficiency and routine day to day operations of the Police
Department and shall have the authority to assign day to day duties
to its members and other personnel of the Department and shall make
reports in writing each month to the appropriate authority of the
operations and conduct of the Police Department during the preceding
month. The Mayor and Council of the Borough of Pine Beach is designated
as the Appropriate Authority. The Chief of Police shall, among other
duties:
A.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
B.
Have, exercise and discharge the functions, powers and duties of
the force;
C.
Prescribe the duties and assignments of all subordinates and other
personnel; and
D.
Delegate such authority as he or she may deem necessary for the efficient
operation of the force to be exercised under his or her direction
and supervision.
[Added 6-14-2017 by Ord.
No. 17-04-745]
In lieu of a Chief of Police, the Mayor may appoint with the
advice and consent of the Council a Director of Public Safety for
a term as determined by the Mayor and Council. The appointed Director
of Public Safety shall possess all of the powers and execute all of
the duties of the position of Chief of Police as set forth in this
chapter within the limits of the applicable laws and regulations of
the State of New Jersey.
Special police officers may be appointed by the Mayor, with
the advice and consent of the Council, for terms not to exceed one
year, where such appointment is necessary in order to carry out proper
law enforcement in the Borough of Pine Beach. The term of any such
officers may be terminated by the Mayor at any time in the manner
provided by statute. All such officers shall be subject to the rules
and regulations of the Police Department and all provisions of the
statutes of the State of New Jersey applicable to such officers and
shall be under the supervision and direction of the Chief of Police
or his duly authorized representative. Upon the recommendation of
the Chief of Police, the Mayor, with the advice and consent of Council,
may appoint such police clerks or other supporting staff to provide
adequate clerical or support services as may be necessary for the
efficient operation of the Police Department. The term and conditions
of appointment shall be determined from time to time.
A.
No person shall be appointed an officer in the Department unless
he or she completes an application on a form provided for such purpose.
Any misstatement or non-statement of material facts in such application
shall be sufficient cause for rejection of the applicant or for dismissal
from the Department if such misstatement or non-statement is not discovered
until after an appointment has been made. In addition, each and every
member of the Police Department shall:
(1)
Be a citizen of the United States.
(2)
Be able to communicate effectively in English, verbally and in writing.
(3)
Be in good physical and mental condition and a state of health sufficient
to satisfy the Board of Trustees for the Police and Firemen's Retirement
System of the State of New Jersey as to his or her eligibility for
membership in such system.
(4)
Be of good moral character.
(5)
Not have been convicted of any criminal offense involving moral turpitude.
(6)
Have his or her fingerprints taken, which shall be filed with the
State Police and the Federal Bureau of Investigation.
(7)
Have completed any service in the Armed Forces under honorable conditions.
(8)
Be not less than 18 and not more than 35 years of age, unless the
Mayor and Council elect to invoke the provisions of any statute of
the state permitting appointment at a greater age.
(9)
Pass an interview based upon appearance, ability to communicate and
comprehend, awareness of social trends and imperatives, attitude and
temperament and adaptability to varying situations. Such interviews
are to be conducted by the Chief of Police or such other person or
persons as may be designated by the Mayor for such purpose.
(10)
Be certified by a licensed psychiatrist, selected or approved by
the Mayor and Council, to be emotionally and mentally capable of assuming
the duties of his or her office, if such certification is requested
by the Mayor with the approval of Council.
(11)
Have certification or the equivalent or be capable of completing
the prescribed Police Training Commission program for certification
as a law enforcement officer within 12 months of appointment.
(12)
Have a high school diploma or its equivalent.
B.
Any special police officer appointed as provided in § 26-6 shall meet all requirements for that position as may from time to time be established by the laws, rules and regulations of the State of New Jersey.
C.
Superior Officer.
(1)
Appointment to a superior officer position, including the position of Chief of Police, shall be made from the membership of the Department by the Mayor, with the advice and consent of Council, unless members of the Department are not interested or qualified for the appointment, in which case the Mayor may seek qualified candidates from outside the Department. In addition to the requirements in subsection A above, and consistent with Section 26-10 infra, no person may be promoted unless he/she:
(a)
Successfully completes a Police Training Commission program
or an equivalent program acceptable to the governing body.
(b)
Has served at least three years in law enforcement, including
a familiarity with weapons, organization, record systems, administrative
duties and other facets of police operations.
(c)
Has administrative skills as deemed necessary or essential by
Mayor and Council.
(d)
Exhibits knowledge of the following:
[1]
Thorough knowledge of the laws and ordinances which are significantly
involved in the functioning of the Police Department.
[2]
The problems and procedures concerning the internal organization
and formulating of rules and regulations for the Police Department.
[3]
The methods useful and proper in providing citizens and others
with appropriate police information, service and protection; useful
and feasible types of police communication systems; methods for detecting,
apprehending, placing charges against, safeguarding and prosecuting
lawbreakers; and state of the art systems and procedures to maximize
efficient management and direction of the Department.
[4]
Providing police protection at places and times as needed and
the measures that are likely to be useful in dealing with juveniles
in such a manner as to enlist their support and minimize the types
of behavior that lead to juvenile delinquency.
(e)
Exhibits the ability to:
[1]
Read, write, speak, understand and communicate in English sufficiently
to perform the duties of the position of a Superior Officer.
[2]
Analyze and interpret laws, ordinances, rules, regulations,
standards and procedures and apply them to specific situations and
cases.
[3]
Organize the Department so as to provide needed services and
protection through appropriate assignments and instructions and supervision
of work to assure compliance with the established procedures, reasonable
standards of conduct, professional and otherwise, work output and
meeting of objectives.
[4]
Obtain and make effective use of funds, personnel, equipment
and facilities and to provide advice and recommendations on budgetary
planning relating to the Department to the Mayor and Council.
[5]
Exercise initiative in establishing and maintaining relationships
with individuals and groups so as to foster the maintenance of law
and order.
[6]
Prepare and supervise the preparation of clear, informed, accurate
and informative reports and to direct establishment and maintenance
of needed police records and files.
[7]
Prepare yearly evaluations of individuals within the Department.
(f)
Pass any reasonable medical and psychiatric examinations as
may be required by the Mayor and Council.
A.
Rules and regulations governing the activity of the Police Department
shall be those adopted by resolution of the Mayor and Council. Those
rules and regulations in effect at the time of the adoption of this
chapter shall continue in full force and effect until superseded.
A copy of any police regulations adopted by the Mayor and Council
shall be provided to all members of the Police Department who shall
thoroughly familiarize themselves with them, and such rules and regulations
shall be binding upon them. Any changes or amendments to such rules
and regulations shall be adopted by resolution and shall be supplied
to all members of the Police Department.
B.
The Mayor, with the advice and consent of Council, may appoint any
committee or committees as may be necessary to conduct investigations
of the operations of the Police Department and to delegate to such
committee or committees such powers of inquiry as the Borough Council
shall deem necessary.
C.
The Mayor and Council as the Appropriate Authority of the Police
Department, or its designee, may sit as the hearing panel on disciplinary
charges filed against a police officer, which charges seek to suspend,
demote or terminate a permanent police officer for violation of N.J.S.A.
40A:14-147 or for violation of the internal rules and regulations
of the Police Department. In the event the Appropriate Authority does
not act as Hearing Panel on the charges, the Mayor and Council shall,
by resolution, appoint and designate an individual to act as Hearing
Officer. The hearing officer designated to hear the disciplinary matter
shall, at the conclusion of the hearing, forward his/her findings
and recommendations on the charges to the Appropriate Authority, which
shall make the final determination. The Appropriate Authority's decision
shall be reviewable as provided by law, as amended from time to time.
D.
The Borough Council may conduct such other hearings and investigations
as may be authorized by law, may examine the operations of the Police
Department and the performance of officers of the Department and generally
act to provide for the health, safety and welfare of the municipality,
including the issuance of special emergency directives in emergency
situations.
E.
The Chief of Police, on approval of the Mayor, may assign staff responsibility
to officers as specialized duties. Staff duties shall involve no command
responsibility but are designed to assist the Chief of Police.
[Added 6-10-1998 by Ord.
No. 98-06-520]
Whenever the Chief of Police or his designee determines that
extra duty assignments shall be performed for a party requesting private
or quasi-public duty, the Chief of Police or his designee shall enter
into an agreement providing for extra duty assignments for which the
borough shall be compensated at the rate set from time to time by
resolution. Such agreement shall be in accordance with the following
standards:
A.
The party requesting the assignment shall execute and deliver an
agreement in a form approved by the Borough Council by resolution
from time to time. The Chief of Police or his designee shall be authorized
to execute any such agreement provided it has been submitted in the
form approved by resolution.
B.
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 and claims for damage for personal
injury, including death or damage to property which may arise or result
from the borough's performance under the contract.
C.
The party requesting the assignment of police officers shall indemnify
and hold harmless the borough from any and all claims made by said
police officers for injury or illness while performing extra duty
assignments for said party. In addition, the party shall hold the
borough harmless from any and all claims made by any third party for
injury, illness or damage to property arising out of the extra duty
assignment of a police officer.
D.
Any and all extra duty assignments shall be determined and approved
by the Chief of Police or his designee. The Chief of Police or his
designee 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.
E.
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 in accordance
with a system established and administered by the Chief of Police.
F.
The Chief of Police has the authority to order any police officer
to vacate or terminate any special duty assignment in response to
emergency situations or whenever the assignment creates an unacceptable
risk to health, safety and welfare of the police officer and/or the
public in the sole determination and discretion of the Chief of Police.
The contractor shall not be responsible for any compensation for the
time that the police officer is away from the special duty assignment
and shall have no claim for any costs or damages against the municipality,
the Chief of Police or the police officer arising from the termination
of special duty assignment other than the prorated return of any costs
prepaid to the borough or to the municipality.
G.
Prior to any special duty assignment, the individual of the corporation
requesting said off-duty employment shall be required to give an estimate
of the amount of hours and the time that will be needed and pay to
the borough said estimated sum in advance to be held in an escrow
account by the borough for said purpose. Any additional payments due
under such agreement shall be paid 15 days from date of billing. Interest
shall be charged at the rate of 12% per annum on any amount billed
for which payment has not been made within 15 days. The delinquent
party shall be liable for all costs, fees and attorney's fees associated
with the collection of any amounts due.
H.
No police officer shall perform extra duty assignments for compensation
other than through the procedure established in this section.
A.
Purpose. The purpose of this ordinance is to establish a policy and
procedure by which all police officers and members of the Pine Beach
Police Department will be considered for promotion within the Pine
Beach Police Department.
B.
Definition and qualified members. Promotion denotes the vertical
movement in the organizational hierarchy from one rank classification
or position to another, accompanied by an increase in salary and responsibility.
The evaluation and selection of personnel for promotion begins with
identification of employees who possess the qualifications and potential
for assuring greater responsibility and leadership, that were demonstrated
by their performance, interest, knowledge, skills, talent, aptitude
and abilities required to perform at the promotional level.
C.
All prior ordinances, resolutions and Police Department general orders
and policies concerning promotion are hereby rescinded.
D.
All promotions of employees in the Police Department shall be made
by resolution of the Mayor and Council of the Borough of Pine Beach.
E.
When the Chief of Police deems that a vacancy exists, or that a vacancy
will exist because of an impending retirement and that such vacancy
needs to be filled in the rank of Sergeant or above in the Pine Beach
Police Department, the Chief shall so inform the Mayor and Council
in writing. Upon receipt of this notice, the Mayor and Council shall
decide whether to set in motion the procedures for filling of said
vacancy.
F.
If the Mayor and Council decide to fill the aforementioned vacancy,
it shall so inform the Chief of Police, who will thereafter issue
a memorandum containing the following information:
G.
To be eligible for promotion to any rank, a candidate shall have
completed a minimum of three years of service as a patrol officer
for the Pine Beach Police Department. These three years of service
must have been completed on or before the date of the announcement
of the oral examination.
H.
The examination process for promotion shall consist of the following
segments, which shall be given the accompanying weights for the calculation
of a possible final score of 100 for each candidate.
(1)
Oral interview by the New Jersey State Chiefs of Police or the Ocean
County Police Chiefs Association: 65%.
(a)
The oral interviews shall be conducted by three members of the
Chiefs of Police Association. The interview process shall include,
but not be limited to, questions relevant to the rank which the Borough
is seeking to fill. Prior to conducting the interviews, the committee
shall have the opportunity to review the performance appraisals of
each candidate for up to three years prior to the interview. The members
of the Interview Committee shall give appropriate consideration to
these performance appraisals in evaluating the promotional worthiness
of each candidate.
(3)
Personnel File Review: 30%.
(a)
Following the oral interviews, each candidate's personnel file
records will be reviewed by the three members of the Chiefs of Police
Association and scored accordingly:
(b)
In scoring discipline, officers with reprimands in their file
shall have 1 point deducted; 2 points deducted for any suspension
of five days or less; and 5 points deducted for any suspension of
six days or more.
(4)
Upon completion of all stages of examination and compilations of
final scores, candidates shall be ranked according to their final
scores. A list stating the candidates' names, rankings and final scores
shall be established and posted within the Police Department. In the
event of matching final scores, candidates shall be ranked by seniority
as determined during the examination process. Tied candidates receiving
identical credit for seniority shall be further distinguished by specific
appointment date.
I.
Council level review: Upon completion of the departmental process, the Chief shall issue a promotional list as stated in subsection H(4) of this chapter. The list of the three highest ranked candidates will then be forwarded to Personnel Committee of the Borough Council. In the absence of three eligible candidates, the Chief shall forward the two highest ranked candidates to the Personnel Committee. An Interview Committee consisting of the Chief of Police and the Personnel Committee will interview these candidates. The oral interview shall include but not be limited to, questions relative to the rank, its requirements, the candidate's work history with the Borough and his/her vision for the Department and the Borough. In total, candidates will be considered based upon their qualifications and potential for assuming greater responsibility and leadership, as demonstrated by their performance, interest, knowledge, skills, talent, aptitude, education and abilities required to perform at the promotional level.
(1)
Qualifications for promotion to any superior officer position of the Pine Beach Police Department, including for the position of Chief of Police, shall be as set forth in Section 26-7 of this chapter. In addition, officers seeking promotion will be evaluated by the Interview Committee on the following skills:
(a)
Comprehensive and presentation skills in oral communications;
(b)
Maturity in judgment;
(c)
Interest in law enforcement;
(d)
Evidence of supervisory and administrative ability;
(e)
Demonstrated knowledge and understanding of the Borough including
the physical geography and demographics thereof, as well as an understanding
of the operations of the Borough government including the interaction
of the various departments thereof; and
(f)
Knowledge and understanding of management practices, departmental
rules, regulations, policies and procedure.
J.
Following the completion of this round of interviews before the Interview
Committee, the Personnel Committee shall make a recommendation(s)
for the promotion to the Borough of Pine Beach Mayor and Council.
The Personnel Committee shall have the right to recommend appointment
of any one of the candidates interviewed by the Interview Committee
that it determines is most qualified for the position and whose name
is on the promotional list. Thereafter, the Mayor and Council, by
resolution, will make the appointment decision.
K.
If only one candidate is eligible for promotion, the promotion process
may be waived at the discretion of the Mayor and Council. The Mayor
and Council are not required to promote the only eligible officer
and shall evaluate the merit and length of service of the eligible
candidate when deciding to promote or not.
[Added 6-8-2022 by Ord. No. 2022-02-789]
L.
Applicant(s) may also be appointed with the recommendation of the
Personnel Committee and approval of the Council.
[Added 6-8-2022 by Ord. No. 2022-02-789]
