[Ord. No. 13-09 § 2-7.1]
Pursuant to the provisions of N.J.S.A. 40A:14-118 et seq., the
Police Department of the Borough of Ogdensburg is hereby established.
The Department may consist of a Chief of Police, at least one Police
Sergeant and such other patrolmen, special police, probationary officers,
police matrons and such clerks, dispatchers and other officers and
employees as the Mayor and Borough Council may from time to time provide
for.
[Added 7-27-2020 by Ord.
No. 05-2020]
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby
designated as the "appropriate authority." The appropriate authority
shall be responsible for the overall performance of the Police Department.
The appropriate authority shall adopt and promulgate rules and regulations
for the government of the Police Department and for the discipline
of its members.
[Ord. No. 13-09 § 2-7.2]
All members of the Police Department shall be appointed by the
Mayor, with the advice and consent of the Council, to hold office
as provided by law.
[Ord. No. 13-09 § 2-7.3]
a.
Governing Body. The governing body of the Department shall be the
Mayor and Council, whose decision upon all matters affecting the Department
shall be final.
b.
Police Commissioner.
1.
The Mayor with approval of the Borough Council shall annually appoint
a Police Commissioner who must be a member of Council.
2.
The Police Commissioner shall be the liaison between the Police Chief
and the Borough Council and shall have and exercise such other powers
and perform such other functions as set forth in this chapter and
as Council shall designate.
c.
Police Chief. All other members of the Police Department, and all
employees of the Department, and special police shall be under the
control and supervision of the Chief of Police, who shall be responsible
for the discipline of and due performance of duty by all officers,
members and employees of the Department.
[Ord. No. 13-09 § 2-7.4;
amended 8-22-2011 by Ord. No. 9-11; 7-27-2020 by Ord. No. 05-2020]
a.
Chief of Police. No person shall be appointed Chief of Police unless
he fully satisfies all of the requirements set forth in the New Jersey
Statutes, and all requirements promulgated by the New Jersey Civil
Service Commission including but not limited to the following:
1.
Graduation from high school, vocational high school, or possession
of a high school equivalency certificate;
2.
Be not less than 18 nor more than 35 years of age at the announced
closing date for filing applications for the position;
3.
Be a United States citizen;
4.
Five years of supervisory police experience providing assistance
and protection to persons, safeguarding of property, observance of
the law, and apprehension of lawbreakers;
5.
Possess a driver's license valid in New Jersey;
6.
Have the requisite knowledge and abilities described in the job specifications
for Police Chief established by the New Jersey Civil Service Commission;
and
7.
Pass a thorough medical and psychiatric examination to be administered
by the Borough of Ogdensburg.
b.
Police Sergeant. No person shall be appointed Police Sergeant unless
he fully satisfies all of the requirements set forth in the New Jersey
Statutes, and all requirements promulgated by the New Jersey Civil
Service Commission including but not limited to the following:
1.
Graduation from high school, vocational high school, or possession
of a high school equivalency certificate;
2.
Be at least 18 years of age;
3.
Be a United States citizen;
4.
Three years of experience in police activities intended to provide
assistance and protection for persons and property;
5.
Possess a driver's license valid in New Jersey;
6.
Have the requisite knowledge and abilities described in the job specifications
for Police Sergeant established by the New Jersey Civil Service Commission;
and
7.
Pass a thorough medical and psychiatric examination to be administered
by the Borough of Ogdensburg.
c.
Police Officer. No person shall be appointed police officer unless
he fully satisfies all of the requirements set forth in the New Jersey
Statutes, and all requirements promulgated by the New Jersey Civil
Service Commission including but not limited to the following:
1.
Graduation from high school, vocational high school, or possession
of a high school equivalency certificate;
2.
Be not less than 18 nor more than 35 years of age at the announced
closing date for filing applications for the position;
3.
Be a United States citizen;
4.
Possess a driver's license valid in New Jersey;
5.
Have the requisite knowledge and abilities described in the job specifications
for police officer established by the New Jersey Civil Service Commission;
6.
Pass a thorough medical and psychiatric examination to be administered
by the Borough of Ogdensburg; and
7.
Successful completion of a training program mandated by the New Jersey
Police Training Commission within 18 months of appointment.
[Ord. No. 13-09 § 2-7.5]
Within 60 days of the passage of this section and periodically
thereafter the Governing Body shall adopt a police manual containing
rules and regulations for the operation, government and discipline
of the Police Department of the Borough of Ogdensburg drafted and
approved by the Chief of Police. The three copies of the adopted manual
shall be filed in the office of the Borough Clerk.
[Ord. No. 13-09 § 2-7.6; Ord. No. 9-11]
a.
Every appointee to the Police Department shall comply with all of
the laws of the State of New Jersey pertaining to qualifications of
police officers. No person shall be given or accept a permanent appointment
as a police officer in the Borough unless such person has first been
given a probationary or temporary appointment to such office, 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 in the State of New Jersey. The probationary
period shall be for at least one year from the date of graduation
from the academy and may be extended based upon recommendations of
the Chief of Police for up to two additional years.
b.
No person shall be appointed to the Police Department as a regular
or probationary member unless he shall, at the time of making application,
be between the ages of 18 and 35 years, except as provided by law
in the case of veterans. The applicant shall be a citizen of the United
States of America; be able to read, write and speak the English language
well and intelligently; be sound in body and of good health sufficient
to satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey as to his eligibility for membership in the retirement
system; and shall be of good moral character and not have been convicted
of any criminal offense. Said applicant must also have passed all
required psychological exams and tests.
[Amended 7-27-2020 by Ord. No. 05-2020]
[Ord. No. 13-09 § 2-7.7]
Each member of the Police Department shall, before entering
upon the performance of his duties, take and subscribe an oath 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 office, which oath or
affirmation shall be filed with the Municipal Clerk within 10 days
after appointment.
[Ord. No. 13-09 § 2-7.8]
a.
It shall be the duty of the Chief of Police and the Police Commissioner
to confer from time to time as to matters affecting the Department.
b.
Both the Chief of Police and the Police Commissioner shall report
to Mayor regarding all issues relating to public emergencies, public
health and welfare and major discipline within the department.
c.
The Chief of Police and the Police Commissioner shall, at least biannually,
make a report to the Mayor and Council of the activities of the Department
for the preceding year, together with such recommendations concerning
the Department and its budget as appropriate.
[Ord. No. 13-09 § 2-7.9]
a.
Chief of Police. Pursuant to N.J.S.A. 40A:14-118, the Chief of Police
shall be the head of the Police Department and shall be directly responsible
to the appropriate authority for its efficiency and routine day to
day operations. Pursuant to the policies established by the appropriate
authority, the Chief of Police shall:
[Amended 7-27-2020 by Ord. No. 05-2020]
1.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the Police Department
and its officers and personnel;
2.
Have, exercise, and discharge the functions, powers and duties of
the Police Department;
3.
Prescribe the duties and assignments of all subordinates and other
personnel;
4.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision; and
5.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the Police
Department during the preceding month, and make such other reports
as may be requested by such authority.
b.
Police Sergeant. The Police Sergeant shall have such powers and perform
such duties as may be assigned by his superior officers as well as
such powers and duties as may be prescribed by the Department regulations
enacted by the Mayor and Council.
c.
Duties of Department. The Police Department through its Chief shall:
1.
Preserve the public peace, protect life and property, 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 the streets by vehicles and persons; protect the safety
and facilitate the convenience of motorists and pedestrians; and make
and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purpose.
3.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough; 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.
4.
Provide proper police attendance and protection at fires.
5.
Provide for the attendance of policemen 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.
6.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
7.
Operate or cause to be operated an emergency police, fire, first
aid and Department of Public Works radio dispatch system for the Borough
of Ogdensburg and any other municipalities or political subdivisions
contracting with the Borough of Ogdensburg for such services.
[Ord. No. 13-09 § 2-7.10]
[1]
Editor's Note: Former § 2-19.10, Special Police
Officers, Ord. No. 13-09, § 2-7.10, was repealed 7-27-2020
by Ord. No. 05-2020.
[Ord. No. 13-09 § 2-7.12]
a.
Each permanent member of the Police Department shall hold office
and continue employment during good behavior and efficiency, and no
such person shall be removed from office or employment for any causes
other than incapacity, misconduct, neglect of duty, nonresidence when
residence is required, conduct unbecoming a police officer, disobedience
of the rules and regulations established or hereafter established
for the Department, or absence from duty without just cause for five
days or more.
b.
Any member of the Department may be suspended, removed, fined or
reduced in rank for just cause upon due notice and service of written
charges and a hearing as required by law.
[Ord. No. 13-09 § 2-7.13]
a.
Uniforms and equipment of the Police Department shall be furnished
by the Borough and remain its property. Such uniforms and equipment
shall be issued by the Chief of Police who shall take a receipt from
the members obtaining the property. The members of the Department
receiving uniforms and equipment shall be responsible for the same
and, upon leaving the service for any cause, shall turn into the Chief
of Police all property belonging to the Borough. The reasonable value
of any property, including uniforms and equipment not returned, shall
be deducted from the amount of salary or wages due such member. Requests
for replacements of uniforms shall be made by members to the Chief
of Police and the Chief of Police shall make application through the
Police Commissioner to the Mayor and Council. The issuance of all
equipment including but not limited to handcuffs and firearms shall
be done in such a manner by the Chief of Police that said items may
be tracked with the recipient signing for same. The serial numbers
shall be logged and said records shall be kept by the Chief of Police.
b.
The members of the Police Department shall, when on duty, wear such
uniforms and equipment as shall be prescribed from time to time by
the Governing Body and shall at all times present a neat, clean and
respectable appearance, except when acting undercover as outlined
in the Police Manual and with authorization of the Chief of Police.
[Ord. No. 13-09 § 2-7.14]
For copies of all official reports, for the taking of fingerprints
where required, for any type of application for a permit issued by
the Borough, and for copies of all other public documents the Police
Department shall charge such fees as may be from time to time fixed
and established by resolution of the Mayor and Council; provided,
however, that no fee shall be charged to any local, County, State
or Federal law-enforcement agency. Reviewing of reports, photostats
of reports and viewing of accident photographs will be conducted at
the Police Headquarters in the Municipal Building daily from Monday
to Friday between the hours of 9:00 a.m. and 5:00 p.m.
[Ord. No. 13-09 § 2-7.15]
A receipt shall be issued for all moneys received by the Police
Department for services extended and material distributed by the Police
Department. All fees collected are to be transmitted to the Borough
Treasurer monthly or within 24 hours if the fees exceed $150.
[Ord. No. 13-09 § 2-7.16]
Whenever any member of the Police Department shall be required
to appear before any grand jury or at any County, Superior or Supreme
Court proceeding, except in a civil action or normal jury duty or
personal issues, the time during which he is so engaged shall be considered
a time of assignment to and performance of duty. When such appearance
occurs during the member's assigned duty hours, he shall suffer no
loss in compensation. When such appearance occurs outside his assigned
duty hours, he shall receive either compensatory time off from his
regular duty hours or additional compensation, except when related
to personal issues or normal jury duty.
[Ord. No. 13-09 § 2-7.17; Ord. No. 06-2019]
a.
Applications for quasi-public police services shall be made to the
Chief of Police on a form approved by the Governing Body. Upon submission
of the signed form, requisite certificate(s) of insurance and determination
of the applicable fees, the Police Chief, if approving of the request
for quasi-public police services, shall execute the form on behalf
of the Borough of Ogdensburg.
b.
Applicants shall be required to defend, indemnify and save harmless
the Borough, its officers, officials, agents and employees for any
and all liability, claims, losses, suits, actions, demands, all damages,
costs and attorney's fees that may arise as the result of activities
or actions of the police officer hired by the applicant, which arise
from the police officer's performance of the quasi-public police services.
c.
Deposits. Whenever an application for quasi-public police services
is approved as set forth above, the applicant requesting the service
shall place an escrow with the Borough of Ogdensburg as follows:
1.
The applicant shall submit a fee of $110 per hour for any police
officer being requested to work quasi-public police services; and
[Amended 2-22-2021 by Ord. No. 04-2021]
2.
Applicant shall submit an additional administrative fee equal to
15% of the escrow deposit, to offset the Borough's cost for employer
contributions to social security, unemployment, etc. (administrative
fees); and
3.
A fee of $10 per hour where the quasi-public service requires use
of a Borough-owned vehicle.
d.
Payment of Escrow. Escrow must be paid at such time the application
is made. All escrow collected shall be turned over to the Borough
Treasurer. These funds shall be deposited in a separate account as
dedicated revenue, which shall be made available for expenditure by
the Borough pursuant to N.J.S.A. 40A:4-39. Administrative fees shall
be deposited as miscellaneous revenue not anticipated in the Borough
of Ogdensburg current fund.
e.
Rate of Compensation to the Borough of Ogdensburg. A uniformed police
officer shall be compensated for quasi-public police services at a
rate equal to 1.5 times the hourly rate of the most senior patrol
officer (including that of a Sergeant).
f.
Refund of Escrow. The hourly fees for quasi-public police service shall be deducted at the rate established pursuant to Subsection e herein. Any remaining escrow balance shall be returned to the applicant within 30 days of the completion of quasi-public police services. Administrative fees are nonrefundable and shall not be returned to the applicant under any circumstances. If the escrow is depleted, a new escrow must be established or the Borough of Ogdensburg, upon direction of the Mayor or Council and through the Police Department, may shut down the work progress.
g.
In the event of a shortfall in fees, the Borough shall not be required
to perform any additional quasi-public services until such time the
applicant makes additional payments to the Borough.
[Ord. No. 4-87 §§ 1
— 8; amended 7-27-2020 by Ord. No. 05-2020]
a.
"Special law enforcement officer" means any person appointed pursuant
to this article to temporarily or intermittently perform duties similar
to those performed regularly by members of a police force of a municipality,
or to provide assistance to a police force during unusual or emergency
circumstances.
b.
Appointments. Special law enforcement officers may be appointed in
the Borough of Ogdensburg in accordance with the provisions of this
article and the provisions of N.J.S.A. 40A:14-146.8 et seq., Special
Law Enforcement Officers' Act, and all amendments thereto. Appointments
of special law enforcement officers shall be made by the Mayor and
Council of the Borough of Ogdensburg. There may be appointed such
number of said special law enforcement officers as may be required,
provided the total number does not exceed any limits imposed in the
Special Law Enforcement Officers' Act and New Jersey Statutes.
c.
Classes of Special Law Enforcement Officers. There shall be two classes
of special law enforcement officers based upon the duties to be performed
as follows:
1.
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control, and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances, and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited
and a Class One officer shall not be assigned any duties which may
require the carrying or use of a firearm.
2.
Class Two. Officers of this class 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 an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
Police Training Commission established in the Department of Law and
Public Safety ("Police Training Commission"). Class Two officers shall
not carry a firearm except while engaged in the actual performance
of the officer's official duties and when specifically authorized
by the Chief of Police, or, in the absence of the Chief, other chief
law enforcement officer of the Borough of Ogdensburg.
d.
Term. Special law enforcement officer(s) shall be appointed for a
term not to exceed one year; provided, however, that the appointment
may be revoked by the Mayor and Council for cause at a hearing unless
the appointment is for four months or less, in which event, the appointment
may be revoked without cause or hearing pursuant to N.J.S.A. 40A:14-146.14
et seq. Nothing herein shall be construed to require reappointment
upon the expiration of a term. Special law enforcement officers so
appointed shall not be members of the Police Department of the Borough
of Ogdensburg, and their powers and duties as determined pursuant
to this article, and the New Jersey Statutes shall cease at the expiration
of the term for which the special law enforcement officer was appointed.
e.
Qualifications. A person shall not be appointed as a special law
enforcement officer unless the person:
1.
Is a resident of this state during the term of appointment;
2.
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent;
3.
Is sound in body and of good health;
4.
Is of good moral character;
5.
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office;
6.
Has successfully undergone the same psychological testing that is
required of all full-time police officers in the Borough of Ogdensburg.
7.
Shall have had fingerprints taken, which shall be filed with the
Division of the State Police and Federal Bureau of Investigation.
8.
Is not serving as a special law enforcement officer or regularly
appointed full-time police officer of any municipality or public official
with responsibility for selecting law enforcement policy or exercising
authority over the budget of the Borough or supervision of the Police
Department of the Borough.
f.
Application. Every applicant for appointment as a special law enforcement
officer shall submit a written application, verified under oath, setting
forth his qualifications for the position and other data in the form
and manner as hereafter may be prescribed by the governing body.
g.
Approval by the Chief of Police or Appropriate Authority. Before
any special law enforcement officer is appointed pursuant to this
article and applicable New Jersey Statutes, the Chief of Police, or,
in the absence of the Chief, another chief law enforcement officer
of the Borough of Ogdensburg shall ascertain the eligibility and qualifications
of the applicant and report these determinations in writing to the
Mayor and Council of the Borough of Ogdensburg
h.
Training. A person shall not commence the duties of a special law
enforcement officer unless the person has successfully completed a
training course approved by the Police Training Commission. A special
law enforcement officer shall not be issued a firearm unless the officer
has successfully completed the basic firearms course approved by the
Police Training Commission for permanent, regularly appointed police
and annual requalification examinations as required by N.J.S.A. 40A:14-146.14(b).
i.
Hours. Special law enforcement officers may be employed to serve
for no more than the number of hours prescribed by applicable provisions
of the Special Law Enforcement Officers' Act.
j.
Uniforms. Every special law enforcement officer prior to the commencement
of his duties shall be furnished with a uniform which shall identify
the officer's function. The uniform shall include, but not be limited
to, a hat and appropriate badges which shall bear an identification
number or name tag and the name of the Borough of Ogdensburg. The
uniform shall also include an insignia issued by the Police Training
Commission which clearly indicates the officer's status as a special
law enforcement officer and the type of certification issued pursuant
to this article. All special law enforcement officers prior to the
commencement of duties shall be in uniform properly displaying the
appropriate insignia. Nothing in this article shall preclude the designation
on an insignia to read either "Special Police" or "Special Law Enforcement
Officer."
k.
Supervision and Direction.
1.
A special law enforcement officer shall be under the supervision
and direction of the Chief of Police or, in the absence of the Chief,
other chief law enforcement officer of the Borough of Ogdensburg,
and shall perform the officer's duties only in the Borough of Ogdensburg
except when in fresh pursuit of any person pursuant to Chapter 156
of Title 2A of the New Jersey Statutes or when authorized to perform
duties in another unit pursuant to a mutual aid agreement enacted
in accordance with Section 1 of P.L. 1976, c.45 (N.J.S.A. 40A:14-156.1).
2.
Special law enforcement officers shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the local unit, as well as
any rules and regulations applicable to the conduct and decorum of
special law enforcement officers.
l.
Special Law Enforcement Officers' Act. All special police officers
appointed by the Borough of Ogdensburg shall comply with N.J.S.A.
40A:14-146.8 et seq., Special Law Enforcement Officers' Act, and all
amendments thereto.
[1976 Code § 2-9.1]
There is established a Fire Department which shall consist of
not more than 50 men.
[1976 Code § 2-9.2]
The Fire Department shall consist of the present Fire Department
together with such members as shall hereafter be elected by the Department.
[1976 Code § 2-9.3]
The Fire Department shall adopt rules and regulations which
shall be submitted to the Mayor and Council for approval, and when
approved by the Mayor and Council, shall govern the Department.
[1976 Code § 2-9.4]
The Fire Department shall keep records and make reports as are
required by law, and shall make reports to the Mayor and Council when
requested to do so.
