[Added 10-17-2019 by Ord.
No. 25-2019]
As used in § 3-1 and this article, the following terms shall have the meanings indicated:
Business Administrator of the City of Lambertville.
[1990 Code §§ 3-6.1—3-6.10; Ord. No.
91-14; Ord. No. 96-02; Ord. No. 2009-01 § 3; amended 10-17-2019 by Ord. No. 25-2019]
There is hereby created in the City a Police Department which
shall consist of a Police Director, and such regular full-time or
part-time members as will, from time to time, be deemed necessary
and which the appropriate authority may appoint, to properly preserve
peace and good order within the City of Lambertville. The City Business
Administrator, or in the event of a vacancy, the Mayor, shall be designated
as the appropriate authority as provided in N.J.S.A. 40A:14-118. The
appropriate authority shall be responsible for the overall performance
of the Police Department and adoption and promulgation of rules and
regulations governing the Police Department and the discipline of
its members.
a.
Acting Appointment. In the event that the appropriate authority determines
the need to fill a supervisory position in either the rank of Lieutenant,
Sergeant First Class or Sergeant, due to either an open vacancy or
establishment of a new position by the Mayor and City Council, he
or she may appoint an Acting Lieutenant, Acting Sergeant First Class,
or Acting Sergeant.
1.
The acting appointee shall assume all of the duties and obligations
of the acting supervisory position and shall receive the established
compensation for said supervisory position.
2.
The acting appointee may serve in the acting position until a regular
competitive appointment can be accomplished through the Police Department's
established promotional policy and procedure; but in no event shall
an acting appointment exceed one year. In the event the acting appointee
obtains a passing score on the formal promotional examination they
may be permanently appointed to the respective supervisory position.
3.
Acting Lieutenants, Sergeants First Class and/or Sergeants are considered
probationary appointments and may be rescinded by the appropriate
authority for any lawful reason. If such acting position is so rescinded
the appointee will revert back to his previously held title in the
Police Department.
Duties of the members of the Police Department shall be those
prescribed by the Laws of the State of New Jersey, the ordinances
of the City of Lambertville and the Rules and Regulations which may
be established by the appropriate authority of the Department.[1]
No person shall be appointed a member of the Police Department
unless he or she has the following qualifications:
a.
Is a citizen of the United States;
b.
Is sound in body and in good health sufficient to satisfy the Board
of Trustees of the Public Employees Retirement System of New Jersey
as to his eligibility for membership in the Retirement System;
c.
Is able to read, write and speak the English language well and intelligently;
d.
Is of good moral character, and has not been convicted of any crime
involving moral turpitude; and
e.
Shall meet the age, residence and other requirements as established
by law.
a.
A Police Department has been established pursuant to municipal ordinance
pursuant to authority vested in the governing body as stated in the
New Jersey Statutes Annotated, Title 40A.
b.
The appropriate authority shall establish and may, from time to time,
amend and repeal such rules and regulations as deemed necessary for
the governance and efficient working of the Police Department. These
rules and regulations shall govern the conduct of police officers
and contain policies to be followed by police officers in responding
to the general public, criminal activities and related matters.
c.
The rules and regulations, as currently in force, shall be posted
permanently on a bulletin board in the Police Headquarters and at
least two copies shall be filed with the City Clerk and be available
for public inspection. A copy of these rules and regulations shall
be issued to all employees of the Police Department.
d.
Any amendment to the rules and regulations shall be filed with the
City Clerk. The appropriate authority shall also distribute notice
of such amendment to the members of City Council, however, any new
or amended rules and regulations shall be effective upon their filing
with the City Clerk. A copy of any amended rules and regulations shall
be posted on the bulletin board in Police Headquarters, available
for public inspection in the City Clerk's office and issued to each
member of the Department within five days after adopted.
e.
Members of the Police Department shall at all times observe the rules
and regulations promulgated pursuant to this subsection. Such rules
and regulations shall be dispositive of all matters not set forth
in this Code in relationship to incapacity and misconduct of members
as well as all other areas of behavior, procedures and organization.
Any action taken against any officer pursuant to N.J.S.A. 40A:14-147
et seq. shall be based on the rules and regulations promulgated pursuant
to this subsection. No charge shall be brought against any officer
for violation of any rule or regulation or amendment thereto which
has not been duly promulgated, posted and delivered as herein required.
A police officer shall be deemed to be a probationary employee
for the first 12 months of his appointment, during which time he or
she may be terminated without cause or hearing. Upon satisfactory
completion of 12 months of employment and successful completion of
a police training course at an approved school, the police officer
shall be deemed a permanent member of the Lambertville Police Department.
Except as otherwise provided by law, all persons appointed to positions
in the Police Department shall hold office during good behavior and
efficiency and no permanent officer of the Department shall be removed
or suspended from office or employment, or fined, or reduced in rank,
for any cause other than incapacity, misconduct or disobedience of
the Rules and Regulations established for the management of the Police
Department, and then only upon a written complaint setting forth the
charge or charges against such member or employee and a hearing as
prescribed by law.
Any vacancies existing in the Police Department shall be filled
at the discretion of the appropriate authority. Procedures for appointment
shall be in accordance with appropriate state statutes and the Rules
and Regulations of the Police Department of the City of Lambertville.
The appointment or termination of all Police Department employees
shall be the prerogative of the appropriate authority. The eligibility
list resulting from the appointment procedures, in the discretion
of the appropriate authority, shall be active for a period of two
years and subsequent vacancies shall be filled from that list.
The appropriate authority may appoint special officers in accordance
with the Laws of the State of New Jersey and for term not exceeding
one year. They shall have and exercise all powers as provided by the
law during the performance of their duties, but shall not be considered
as regular/permanent members of the Police Department and shall not
be entitled to tenure or other benefits of the Department. They may
be suspended or recommended for dismissal from the Department at any
time at the discretion of the Police Director and they shall receive
such compensation as may be fixed by the Mayor and Council.
Promotional testing shall be administered in accordance with
appropriate state statutes and procedures established in the Rules
and Regulations of the Lambertville Police Department.
When the Mayor and Council shall, for reasons of economy, find
it necessary to decrease the number of members of or employees in
the Police Department or of any grade or rank thereof, the Mayor and
Council shall proceed in the following manner:
a.
If the governing body shall determine to decrease the number in any
of the higher ranks or grades of the Police Department it shall provide
such instruction by resolution to the appropriate authority who shall
as necessary demote such member or employee, or members or employees,
of such higher rank or ranks to the next rank below. It shall not
remove any such member or employee from such Department for reasons
of economy except as hereinafter provided, and in any such demotion
from the higher rank or grade, the member or employee to be demoted
shall be the last one so appointed to such higher rank or grade. All
dismissals or removals from the Department for reasons of economy
shall be made from the last person or persons appointed to the Department,
regardless of the rank of such person at the time of decreasing the
number of employees.
b.
If any officer, employee or member of the Police Department shall
be demoted to a lower rank or grade for reasons of economy, such member
or employee shall be carried on a special list, and when promotions
are made to such higher rank or grade, the person demoted on the ground
of economy shall be the first to be restored to the rank from which
he was demoted.
c.
If any member of or employee in the Police Department of the City
of Lambertville has been, since January 1, 1986, demoted or removed
on the ground of economy and for no other reason, in the case of new
appointments to the Department, the person so demoted or removed on
the ground of economy shall be the first to be reinstated to such
Department and to the rank from which he or she was removed, if such
rank is retained in the Department in the order of his seniority of
service when of equal rank.
[1990 Code § 3-7; Ord. No. 2003-05; Ord. No. 2005-14; Ord. No. 2009-09; Ord.
No. 2009-20; Ord. No. 20-2014; amended 10-17-2019 by Ord. No. 25-2019]
a.
Any
person or entity wishing to receive police services which the City
of Lambertville is not obligated or expected to provide as part of
the regular plan of police services or pursuant to its normal provisional
services for traffic control at special events may arrange to receive
such services through the Office of the Police Director. Any person
or entity disturbing the streets or roadways or altering the normal
pattern of traffic within the City of Lambertville shall obtain a
certificate from the Office of the Police Director noting that police
services have been arranged or in the alternative that such services
are not required. The opinion of the Director of Police shall be final.
b.
Except
for unusual circumstances, all requests for such services shall be
made at least 15 days in advance and in writing citing the nature
of the duties to be performed, the location thereof, the dates and
hours of service, the basis of payment for such service and payment
in advance for the requested time.
c.
The
Office of the Police Director shall administer all activities pursuant
to this section.
d.
All
officers of the Lambertville Police Department are authorized to perform
police-related services for private persons or entities on off-duty
hours subject to the terms of this section. All assignments for outside
services shall be on a voluntary basis.
e.
The
party who made arrangements for such services shall notify the Lambertville
Police Department a minimum of two hours in advance of the scheduled
start time or the party will be responsible for a minimum charge of
two hours' service per individual.
f.
The
charge for such services shall be based on the hourly rates as established
annually by the current collective bargaining agreement. Such rate
shall include the hourly rate of the officer working plus a sum representing
a reasonable approximation of the administrative cost, overhead and
out-of-pocket expenses for equipment and supplies to the City of providing
the service and shall be equal to 30% of the hourly rate established.
All payments for such services shall be made to the City of Lambertville.
The fee for services of off-duty officers shall be $55 per hour with
$45 to be paid to the officer.
g.
Payment
to the officer shall be made by the Chief Financial Officer pursuant
to the contract with the Lambertville Police Department (Hunterdon
County Police Benevolent Association Local Number 188).
