[Ord. 7/13/82, Art. I,
§§ 1—2]
a.
Statutory Authorization. A Police Department as heretofore established
is hereby continued pursuant to N.J.S.A. 40A:14-118, which states:
"The governing body of any municipality, by ordinance, may create
and establish a police department and force and provide for the maintenance,
regulation and control thereof, and except as otherwise provided by
law, appoint such members, officers and personnel as shall be deemed
necessary, determine their terms of office, fix their compensation
and prescribe their powers, functions and duties and adopt and promulgate
rules and regulations for the government of the department and force
and for the discipline of its members."
b.
General Duties. The Police Department shall:
1.
Preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the Borough,
suppress riots, mobs and insurrections, disperse unlawful or dangerous
assemblages and preserve order at all elections and public meetings
and assemblages.
2.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and make rules and regulations,
not inconsistent with the Charter, ordinance and general law, for
such purpose.
3.
Remove all nuisances in the public streets, parks and other public
places; inspect and observe all places of public amusement or assemblage
and all places of business requiring any state or municipal license
or permit.
4.
Provide proper police attendance and protection at fires.
5.
Enforce the laws and ordinances in effect within the Borough and
prevent the violation of them by any person; apprehend and arrest
all persons legally charged with the violation of any law or ordinance.
6.
Provide for the attendance of its police officers or civilian employees
in court as necessary for the prosecution and trial of persons charged
with crimes and other violations of the law, and cooperate fully with
the law enforcement and prosecuting authorities of Federal, State
and County governments.
7.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
c.
Pursuant to N.J.S.A. 40A: 14-118, the Borough Administrator is hereby
designated as the "appropriate authority." The Borough Administrator
shall be responsible for the overall performance of the Police Department
and provide for its maintenance, regulation and control. The Borough
Administrator shall adopt and promulgate rules and regulations for
the government of the Police Department and for the discipline of
its members. The Department Rules and Regulations are contained in
a manual known as the "Police Department Rules and Regulations," and
the rules and regulations are hereby adopted as contained in the manual
as though same were fully set forth herein. A certified copy of the
manual shall be kept in the office of the Borough Clerk. The Department
Rules and Regulations may be amended and supplemented by resolution
duly adopted by the Mayor and Council.
[Added 7-11-2017 by Ord.
No. 2017-006]
[Ord. 7/13/82, Art. II,
§ 1; amended 7-11-2017 by Ord. No. 2017-006]
Members of the Borough Council are to be appointed to the Police
Committee, which will serve as a liaison to the Borough Council.
[Ord. 7/13/82, Art. III,
§ 1; amended 7-11-2017 by Ord. No. 2017-006]
In accordance with N.J.S.A. 40A:14-118 or as subsequently revised
or amended, the Chief of Police shall be the head of the Police Department
and direct the administration and operation of the Police Department.
The Chief of Police shall be directly responsible to the Borough Administrator
for its efficiency and day-to-day operations. Pursuant to policies
established by the Borough Administrator, 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 Police Department;
c.
Prescribe the duties and assignments of all members and officers;
d.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control; and
e.
Report at least monthly to the Borough Administrator in such form
and at such times as shall be prescribed by the Borough Administrator
regarding the operation of the Police Department during the preceding
month and make such other reports as may be requested by the Borough
Administrator or Manager.
[Ord. 7/13/82, Art. IV,
§ 1]
b.
Rank and Seniority. When officers are of the same grade, they shall
rank according to their seniority determined by time in rank. When
two or more officers are appointed to the same grade on the same day,
each shall rank according to his/her respective position on the eligibility
list which determines the order of his/her appointment to that grade.
[Ord. 6/7/82, § 1-7; Ord. 7/13/82, Art. V, § 1; Ord.
#6-89; Ord. #1-90, § 1; Ord. No. 3-96]
a.
Appointments. All appointments to the Police Department shall be
made only after written examination, psychological or psychiatric
examination and physical examination by a medical doctor. A physical
is required by the State of New Jersey by N.J.A.C. 13:1-8 (a) 3, to
obtain medical clearance for participation in a basic course for police
officers. The requirements of the physical are mandated to the physician.
The Borough shall require a drug screen be given by the examining
physician. The provisions of this subsection can be waived by the
Mayor and Council when the appointee is a New Jersey certified Police
Officer who meets the requirements of the State of New Jersey and
Police Training Commission, provided that the appointee shows proof
of accreditation and passes a physical and psychiatric examination.
The Borough shall require a drug screen be given within 30 days of
appointment. Those candidates who successfully complete all examinations
and fulfill all other requirements shall be placed on a list of eligible
applicants to be compiled by the Chief of Police. Any candidates not
immediately appointed as probationary patrolmen shall be kept on the
eligibility list for a period of two years from the date of the examination.
Should a vacancy occur in the Department within such two year period,
the vacancy shall be filled from the eligibility list then in effect.
Appointment of a patrolman to the Police Department is for a probationary
period of one year. During or at the termination of the probationary
period, if the conduct or capacity of the probationer as to job performance
has not been satisfactory, he/she shall be notified in writing by
the Chief of Police that his/her services are terminated by the Mayor
and Council without any trial/hearing.
b.
Promotions; Chief of Police. Appointment to the office of Chief of
Police shall be made and chosen from a list of eligible candidates
who shall be interviewed by a committee consisting of the three member
Police Committee and Chief of Police. The Committee shall then recommend
to the Mayor and Council, in order of preference, the names of the
candidates for the position of Chief of Police. The committee recommendations
shall be based on the general qualifications, service record, seniority,
appearance and speaking ability, interest in law enforcement, and
evidence of supervisory and administrative ability. The Mayor and
Council shall appoint the Chief of Police after due review and consideration.
This appointment shall be by a majority vote of the Mayor and Council.
There shall be no probationary period for Chief of Police.
c.
Promotions; Sergeant and Lieutenant. Any vacancy in the positions
of Sergeant or Lieutenant shall be filled by recommendation of the
Chief of Police, based upon general qualifications and service record.
The promotions shall be made with the advice and consent of the Mayor
and Council and by majority vote. There shall be no probationary period
for the rank of Lieutenant. Promotion of a patrolman to Sergeant is
for a probationary period of three months. When job performance is
not satisfactory, that promotion shall be deleted and he/she will
be reduced in rank back to patrolman. (N.J.S.A. 11:22.6)
d.
Designation of Detective. The provisions of Subsection c shall not apply as a condition precedent to the designation of any Department member to serve in the capacity of Detective. This appointment is made under N.J.S.A. 40A:14-118 by Chief of Police and Police Commissioner approval.
e.
Eligibility for Rank Higher than Sergeant. Only members of the Department
holding the rank of Sergeant or a higher rank shall be eligible for
promotion to a rank within the Department above that of Sergeant;
provided, however, that any patrolman having at least 10 years of
service with the South Bound Brook Police Department shall be eligible
for promotion to the rank of Lieutenant.
f.
Promotion of Sergeant to Higher Rank. Each Sergeant shall be eligible
for any higher rank within the Department after he/she shall have
completed a three month probationary period of service as a Probationary
Sergeant; provided, however, no such Sergeant shall be eligible for
promotion to any higher rank within the Department until he/she shall
have served in that capacity for at least one full year following
the completion of his/her probationary period of service.
g.
Eligibility for Rank of Sergeant. Each member of the Department shall
become eligible for rank of Sergeant within the Department after he/she
shall have served in the capacity of Police Officer, Detective or
some other rank below the rank of Sergeant for a combined period of
at least two years exclusive of his/her initial probationary period;
provided, however, he/she shall not become eligible for promotion
until after he/she shall have served in such capacity for a combined
period of at least three years exclusive of his/her initial probationary
period.
[Ord. 7/13/82, Art. VI,
§ 1; Ord. #1-90, § 1]
Special Police Officers may be appointed by majority vote of
the Borough Council, for a term not exceeding one year. Such appointment
may be revoked at any time without cause or hearing. All Special Police
Officers appointed shall be classified as Class One or Class Two Officers.
Class One appointments shall perform routine traffic details, spectator
control and other similar duties. The use of firearms by an Officer
of Class One shall be strictly prohibited. Appointment of any Special
Officer shall be governed by the laws of the State of New Jersey in
procedures outlined by the N.J. Department of Criminal Justice and
Police Training Commission. Special Police Officers shall be under
the direct control of the Chief of Police.
[Ord. #15-97]
Prior to any Borough Police Officer being employed by another
governmental unit, commercial enterprise and other third parties for
traffic control, security or other police related functions, the following
procedures apply:
a.
All requests for such employment of off-duty police officers shall
be directed to and handled by the Chief of Police or his designated
officer;
b.
The Chief of Police or his designated officer shall satisfy himself
that the request is appropriate and reasonable;
c.
The Chief of Police or his designated officer must approve all requests
for employment of off-duty municipal police officers covered under
this policy;
d.
The Chief of Police or his designated officer shall approve each
individual officer's request to be assigned for off-duty employment
and satisfy himself that the assignment would not jeopardize the proper
and efficient operations of the department.
[Ord. #15-97]
Any officer assigned to outside employment will be compensated
at a rate of one and one-half (1 1/2) times the normal hourly
rate. The Borough shall be paid directly from the individual, corporation
or entity requesting the services and from such funds will compensate
the officers for the time expended. The Borough shall also be entitled
to collect an administrative fee of 10% of any total bill for the
processing of these payments.
[Ord. #15-97]
The officer employed off-duty shall record said employment time
on a designated form established by the Chief of Police or his designated
officer immediately upon completion of the detail and will have the
Shift Supervisor verify his attendance.
The Borough Clerk shall invoice the requesting agency or entity
for the services rendered within 10 days. Invoices shall indicate
payment is due upon presentation. Interest at the rate of one and
one-half (1.5%) percent per month will be charged on all balances
unpaid within 15 days of the invoice date.
[Ord. #15-97]
The requesting agency or entity shall receive a copy of this
section and shall execute an agreement[1] with the Borough of South Bound Brook prior to the assignment
of any off-duty officer to the agency or entity.
[1]
Editor's Note: The Police Services Agreement can be found
as an attachment to this chapter.
[Ord. #15-97]
Any police officer employed off-duty shall be bound to follow
all rules, regulations, procedures, orders, directives or their equivalent
of the Police Department. This includes but is not limited to, the
use of deadly force, pursuits, reporting of injuries, reporting of
property damages, property conduct, etc.
It is the intention of this policy to set forth the requirements
for all parties involved in the hiring of off-duty municipal police
officers. The Borough of South Bound Brook views such work as a necessary
and logical extension of the law enforcement officer's job and
is, therefore, deemed in the public's best interest. At all times,
the officer shall be subject to the same rules of conduct and performance
as if performing his regular duty assignment. (It is the intention
of this policy to clearly establish that insurance coverage shall
apply in all employment covered under this policy; however, the Borough
makes no representation that insurance coverage will apply, since
this matter must be determined by the particular factual situation
involved.)
This policy is not applicable to outside employment in a field
unrelated to police work, such as landscaping, carpentry, electrical,
radio repair, umpiring, consulting, etc., where the employee's
law enforcement skills will not be required.
It is the intention of the Borough to provide insurance coverage,
including worker's compensation coverage, to officers accepting
off-duty employment under this policy to the full extent permissible
under the relevant statutes and ordinances consistent with the applicable
policies of insurance which are in force. The Borough reserves the
right to seek indemnification from any third party tort feasor or
reimbursement from the officer for any sums he or she receives from
a third party tort feasor in accordance with applicable law.
Nothing contained herein shall be construed as affecting or
changing the provisions of any mutual aid agreements between the Borough
and any other municipality.
[Ord. #10-99]
No person shall hereafter become a member of the Fire Department
of the Borough of South Bound Brook, or any unit thereof, who is under
the age of 18 as per the New Jersey State Fireman's Association
guidelines for age, who is not a citizen of the United States and
a resident of South Bound Brook or bordering boroughs or townships,
and not in good physical condition to perform the duties of a fireman
in accordance with a medical certificate to that effect, made and
signed by a licensed practicing physician in the state of New Jersey.
[Ord. #10-99]
Every member of the Fire Department shall perform at least 60%
of all duties which include cleanups, drills, and actual attendance
at fire calls. Each member must also successfully complete any and
all mandated training as required by the South Bound Brook Fire Department.
a.
Every person seeking to join the Fire Department shall make application
to the Company. All applications must be notarized and include a satisfactory
medical certificate made and signed by a licensed practicing physician
of the State of New Jersey. The investigation committee shall review
all applications to the company. Applications approved by the committee
shall then be submitted to the Fire Chief and The Mayor and Council.
A fee will apply to cover costs of investigation and background checks.
b.
All New and Transferred Applicants. Upon acceptance to the Fire Department, the applicant shall be placed on probation for a period of no less than six months or a time deemed appropriate by the Board of Engineers. A probationary fireman's performance will be reviewed every six months at which time the Board of Engineers shall recommend to the Fire Company whether the applicant has satisfied all probationary requirements in accordance with Subsection 2-23.2. If a probationary fireman fails to satisfy all probationary requirements within 24 months from the date of approval by the Fire Chief and Mayor and Council, his probationary status may be extended by the Board of Engineers, or terminated, at which time he shall no longer be a member of the Fire Department.
[Ord. #10-99]
Upon completion of the time required by law to become exempt,
such member shall apply to the Secretary of the Fire Department requesting
that certification thereof be made to the Borough Clerk, in writing,
after a qualifying certificate has been submitted to the New Jersey
State Fireman's Association. The certification shall then be
submitted to the Borough Clerk, Mayor, and the Fire Chief for their
approval.
[Ord. #10-99]
The Fire Department shall consist of a Chief, a First and Second
Assistant Chief, Captain, a First and Second Lieutenant, a Chief Engineer,
a First and Second Assistant Engineer, the present members of the
Fire Department, and such other members as may hereafter be elected.
There shall be a Board of Engineers within the department composed
of the Chief, the Assistant Chiefs, the Captain, the Lieutenants,
the Chief Engineer, and the Assistant Engineers.
[Ord. #10-99]
The Chief, the First and Second Assistant Chiefs, the Captain,
the First and Second Lieutenants, the Chief Engineer, and the First
and Second Assistant Engineers shall be elected by a majority vote
of all active firemen, and shall hold office for one year or until
a successor has been elected. No person shall be eligible to election
of Chief unless he has served one or more years as First Assistant
Chief. No person shall be eligible for election to First Assistant
Chief unless he has served one or more years as Second Assistant Chief.
No person shall be eligible for election to Second Assistant Chief
unless he has served one year as Captain. No person shall be eligible
for election to Captain unless he has been an active fireman for at
least three years.
[Ord. #10-99]
The annual meeting of all firemen shall be held on the first
Friday of December, at 8:00 p.m. at the firehouse on Edgewood Terrace.
It shall be the duty of the Chief to notify the Secretary to send
a five day notice to all firemen of the meeting. At the time specified,
a majority vote of all active firemen voting shall elect a Chief,
a First and Second Assistant Chief, a Captain, a First and Second
Lieutenant, a Chief Engineer, and a First and Second Assistant Engineer.
The Secretary shall notify the Mayor and Council of the results of
the election before the organization meeting in January.
[Ord. #10-99]
a.
The Chief in all cases of fire shall have sole control over all members
of the Fire Department and all apparatus belonging thereto. Any member
who shall refuse any lawful order of the Chief shall be expelled.
In the Chief's absence, the next ranking officer of the Board
of Engineers shall act as Chief and shall have the power and authority
of the Chief.
b.
It shall be the duty of the Chief to examine monthly the fire apparatus,
the buildings used for housing same, and the fire hydrants, and to
report the condition thereof to the Borough Fire Committee.
c.
He shall also report each month the number of fires the Department
responded to together with the cause of the fires if known, and such
other information as he may deem proper.
d.
He shall recommend to the Fire Committee, with the approval of the
Board of Engineers, any repairs to be made to the apparatus.
e.
He shall in all cases of fire, take prompt and efficient measures
to extinguish the fire, and have sole and absolute control over all
fire apparatus and all members of the Fire Department, and over all
apparatus and persons aiding and assisting the Department.
f.
At least once a year the Chief shall order a public inspection of
the whole Fire Department, at which every member of the Department
shall be present, and a willful disregard of this requirement shall
render the offender or offenders liable to be suspended from the Department.
[Ord. #10-99]
The Chief and his Assistants shall attend all fires in the Borough
and are hereby empowered to take charge of any building or buildings
which may be on fire, to admit only such persons to the building as
they may think necessary to the extinguishment of the fire and the
preservation of endangered property.
[Ord. #10-99]
It shall be the duty of the Chief and his Assistants to report
to the Fire Committee any and all violations of Fire Ordinances, giving
the name of the officer in charge and the names of any others involved.
[Ord. #10-99]
The Board of Engineers shall hold monthly meetings for the purpose
of conducting discussions and making recommendations for the betterment
of the Fire Department.
[Ord. #10-99]
It shall be the duty of the Captain on November 15 of each year
to deliver to the Chief a correct inventory of apparatus equipment
and fixtures related to maintenance of the Fire Department. The failure
of the Captain to make such inventory, or any errors herein, shall
be reported by the Fire Chief to the Fire Committee, and it shall
be the duty of the Chief to submit such report before the first regular
meeting in January of each year.
[Ord. #10-99]
It shall be the duty of the Captain, in January of each year,
to furnish the Mayor and Council with the names of all active firefighters.
[Ord. #10-99]
a.
Filing a Grievance. If any officer or member of the Fire Department
shall feel aggrieved or dissatisfied with any ruling, order, or penalty,
given or imposed on them, they shall give notice in writing within
18 hours, setting forth the grounds for their grievance, whereupon
and upon the filing of such notice in detail with the Chief of the
Fire Department they shall convene the Board of Engineers to hear
and determine the grievance.
b.
Hearing. Two weeks notice of the hearing shall be given by the Chief,
by registered mail, to all parties in interest, and sent to the last
known place of residence of the parties, setting forth the time and
place of hearing.
c.
Representation at Hearing. Any member claiming to be aggrieved shall
be entitled to be represented by counsel, and the Board of Engineers
may select some person to present the case.
d.
Majority Vote Shall be Final. The decision of all matters in controversy
before such Board of Engineers shall be a majority vote of the members
and shall be final.
[Ord. #10-99]
No person expelled from the Fire Department shall be eligible
for re-election as a member of the Fire Department.
[Ord. #10-99]
a.
Use of Fire Apparatus. The Fire Apparatus shall at no time be driven
faster than the posted speed limit nor shall the officer in charge
allow anyone to ride upon any apparatus, or to assist when going to
a fire or on duty, unless such persons are members of the Department.
Only members of the Fire Department and members deputized at the fire
scene by the commanding officer shall participate in any aspect of
fire fighting.
b.
Interfering with or Obstructing Fire Apparatus. Any owner or operator of any vehicle passing, or attempting to pass, challenging to race, obstructing or in any way attempting to interfere with the progress of any fire apparatus on its way to or from a fire, shall, if found guilty of violating the provisions of this section, be liable to the penalties prescribed in Chapter 1, § 1-5.
c.
Fire Apparatus Shall Remain within the Borough Limits; Exception.
The Fire Department, without the permission of the Fire Committee,
shall not take any fire apparatus in their charge beyond the corporate
limits of the Borough for any purpose whatsoever, except to attend
a fire, in which case permission may be granted by the Chief, or next
ranking officer.
d.
Mayor and Council May Take Possession. The Mayor and Council may,
at any time after consulting the Board of Engineers of the Fire Department,
demand and take into their possession all such fire apparatus and
equipment purchased by the Borough.
[Ord. #10-99]
All apparatus must respond to all alarms. If the Engineers are
not present within a reasonable amount of time to drive any vehicle,
the highest ranking officer then present may appoint a competent person,
who has a valid driver's license, to drive any apparatus to the
scene, but must rescind their appointment immediately after an Engineer
arrives. The Captain shall notify the Chief Officer at the first opportunity
if an Engineer is not operating any apparatus.
[Ord. #10-99]
[Ord. #10-99]
a.
Number of Members. The Fire Department shall consist of as many active
members as the Board of Engineers may recommend to the Mayor and Council.
b.
Active Member Quota. The Fire Department shall have members within
a quota as provided by the New Jersey State Fireman's Association
eligible to the benefits of the general relief fund.
c.
Physical Exam for Applicants. The Borough shall pay for physical
examinations for applicants. This exam shall include a respiratory
exam, medical exam, and EKG.
d.
Workman's Compensation. All members of the Fire Department shall
be covered by appropriate Workman's Compensation and Liability
Insurance at the expense of the Borough, according to the laws of
the State of New Jersey.
[Ord. #10-99]
If any member engages in any conduct unbecoming a fireman or
in violation of the rules and regulations of the Fire Department he
shall be subject to suspension, expulsion or any other penalty deemed
appropriate, under the Department guidelines, by the Board of Engineers.
The Mayor and Council shall be notified in writing of any suspension
or expulsion.
[Ord. #10-99]
To be a qualified apparatus driver, a member must complete their
probationary period and possess a valid Driver's License. They
must also complete a driver/operator course and be approved by the
Chief Engineer and Chief. The Chief Engineer shall notify the Board
of Engineers of the approval of any qualified driver/operator. Any
person qualified to drive the apparatus shall submit to a hearing
and eye exam as per the medical policy adopted by the Borough of South
Bound Brook and the Fire Department.
[Ord. #10-99]
a.
Chief to Appoint Members to Fire Police. The Chief of the Fire Department,
with the consent of the Mayor and Council, shall appoint members to
act as Fire Police. They are to attend an approved New Jersey State
Fire Police Training Course. They are to be properly sworn in to act
as Fire Police officers in case of fire, and are to be provided by
the Borough with a suitable badge. Fire Police are held responsible
for all equipment issued to them and when retiring from office must
surrender to the Chief all equipment issued to them.
b.
Fire Police Under Orders to the Chief. The Fire Police shall at all
times be subject to the orders of the Fire Chief and in his absence
at the scene of the fire, they shall be under the supervision of the
next ranking officer.
c.
Fire Chief to Appoint a Safety Officer. The Chief of the Fire Department,
with the consent of the Mayor and Council, shall appoint a Safety
Officer. He is to attend any and all necessary training classes as
maintained by the State of New Jersey. He is to be properly sworn
in and to act as Safety Officer in case of fire.
[Ord. #10-99]
The Purchasing Committee shall consist of the Fire Chief, the
Captain, and the Chief Engineer. The Captain shall purchase all equipment
with the consent of the Purchasing Committee after the Fire Committee
has authorized it.
[Ord. #10-99]
a.
Chief Engineer to Recommend Repairs. It shall be the duty of the
Chief Engineer to recommend to the Fire Committee all repairs to the
fire apparatus and equipment.
b.
Chief Engineer's Annual Salary; Duty. The Chief Engineer shall
receive a salary of $300 per year, for care and maintenance of the
fire apparatus.
[Ord. #10-99]
The Fire Chief is hereby authorized to make and establish General
Operating Procedures for the proper government of the Fire Department.
[Ord. #10-99]
Signs Reading "Do Not Park Here" or words to that effect shall be placed in front of the firehouse or at such distance on each side thereof, as will assure the unobstructed egress or ingress of fire apparatus. Persons found guilty of violating the provisions of this subsection shall be liable to the penalty prescribed in Chapter 1, § 1-5.
[Ord. #10-99]
The Fire Department's radio paging system shall be tested
daily by Somerset County Communications.
[Ord. #10-99]
Any member who shall be ordered to court and caused to lose
time from work shall be reimbursed by the Borough as determined by
the Board of Engineers and approved by the Mayor and Council.
a.
Any new member who successfully completes his/her probationary period
shall be entitled to a dress uniform, and proper protective equipment
to be supplied by the Borough.
b.
Any damaged personal clothing lost due to fire department activity
shall be replaced by the Borough at no cost to the member.
[Ord. #10-99]
The Chief shall receive a salary of $550 per year to cover costs
of supplies and maintenance.
[Ord. #10-99]
The Captain shall receive a salary of $150 to cover administrative
costs.
