[1982 Code § 2-10.1]
A Police Department is hereby established in and for the Borough
under the name of the Police Department of the Borough of Jamesburg.
[1982 Code § 2-10.2]
The Police Department shall have as their major function and
duties, which shall be the obligation of all personnel of the Police
Department, the following:
a.
The preservation of peace.
b.
The protection of life and property.
c.
The arrest of violators of the law and recovery of property.
d.
The prevention and detection of crime.
e.
The enforcement of all laws of the State of New Jersey and all ordinances
of the Borough.
f.
Aid and service to the public.
g.
Regulation of traffic and parking.
h.
Youth guidance.
All Police Officers, regardless of rank, shall perform the duties
imposed upon them by this section and by such rules, orders, and regulations
as may be adopted by the Borough Council for the government and control
of the Police Department.
[1982 Code § 2-10.3; Ord. No. 3-89]
The Police Department shall consist of a Chief of Police, and,
within the discretion of the Borough Council, one Lieutenant, two
Sergeants and such further personnel as may be necessary to properly
maintain the Police Department.
[1982 Code § 2-10.4; Ord. No. 15-84 § 2; Ord. No. 03-02 § 1; Ord. No. 17-03 § 1]
The executive and administrative head of the Police Department
shall be the Chief of Police. He shall be the chief executive officer
of the Department and ultimately responsible for the enforcement of
all laws and ordinances coming within his legal jurisdiction. The
Chief of Police shall be responsible to the Business Administrator
and the Mayor and Council and shall administer and direct the Police
Department under the direction and control of the Mayor and Council
through the Police Committee. Appropriate Authority is defined as
the Mayor and the Police Commissioner.
The Chief of Police shall be responsible for the following duties
pursuant to policies which may be established by the Borough Council:
a.
Routine day to day operations of the Police Department of the Borough.
b.
Administration and enforcement of rules and regulations and special
emergency directives for the disposition and discipline of the force
and its officers and personnel.
c.
To exercise and discharge the functions, powers and duties of the
force.
d.
Prescribe the duties and assignments of all subordinates and other
personnel.
e.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his discretion and supervision.
f.
Report at least monthly to the Mayor and Council or as otherwise
directed in such form as shall be prescribed by the Borough Council
on the operation of the force during the preceding month and made
such other reports as may be requested by the Mayor and Council.
[1982 Code § 2-10.4; Ord. No. 15-84; Ord. No. 23-89]
In the event the Chief of Police is unable to perform his duties,
due to vacation, ill health, leave of absence, suspension or for any
other reason; the ranking officer shall be appointed to perform the
duties of Chief of Police.
The ranking officer shall be designated as Acting Police Chief
by the Chief of Police, or if the Chief is unable to do so, by the
Mayor and Council.
[1982 Code § 2-10.4; Ord. No. 15-84 § 4]
No person shall be appointed to the position of Chief of Police
unless he shall:
a.
Conform with all requirements for Police Officers as established
by New Jersey Statutes.
b.
Meet the physical requirements provided for by any New Jersey Statute,
or regulation promulgated thereunder, or order, rules and regulations
as may be adopted by the Borough Council.
c.
Have successfully passed such examinations as shall be selected or
required by the ordinances, rules and regulations of the Borough.
d.
No person shall be appointed to the position of Chief of Police who
shall have been convicted of a crime involving moral turpitude.
[Ord. No. 17-97 § 1]
No person shall be appointed to the Police Department unless
he shall:
a.
Be a resident of the State and a citizen of the United States for
at least one year prior to employment.
b.
Be not less than 21 years nor more than 35 years of age.
c.
Possess a minimum of the following educational or prior experience
requirements:
1.
The candidate must possess a minimum of an associate's degree
from an accredited college or university; or
2.
The candidate must possess credits from having successfully completed
the equivalent of four full-time semesters of course work taken at
an accredited college or university; or
3.
The candidate must have completed a minimum of two years active duty
as a member of the Military with preference to the Military Police
Branch of the armed services of the United States; or
4.
The candidate must have served for a minimum of two years as a regular,
full-time Police Officer for another Police Department in the State
of New Jersey.
d.
Meet the physical requirements provided for by any Statute of the
State of New Jersey, or regulation promulgated thereunder, and order,
rules and regulations as may be adopted by the Borough Council.
e.
Have successfully passed such examinations as shall be selected or
required by the rules and regulations referred to above.
No person shall be appointed to the Police Department who has
been convicted of a crime of moral turpitude.
[1982 Code § 2-10.6]
Each member of the Police Department, regardless of rank, shall
submit to an annual physical examination by a medical doctor to be
designated by the Police Commissioner. The doctor's written report
of his examination shall be made a part of each Police Officer's
official record. Such examination may be more frequent than on an
annual basis upon the order of the Mayor and Council.
[1982 Code § 2-10.7; Ord. No. 17-97 § 2]
All appointments to and promotions within the Police Department
shall be by nomination of the Mayor with the advice and consent of
the Borough Council. Candidates shall also be screened by the Chief
of Police, the Police Commissioner and the Police Committee, who shall
report their findings to the Mayor and Borough Council.
[Ord. No. 2-91; Ord. No. 17-97 § 2; 1982, 3-89; Ord. No. 17-97 § 2; 1982 Code
§ 2-10.7a; Ord. No. 3-89]
a.
Probationary Period. Each person appointed to the Police Department
shall first serve a probationary period of 12 months from the date
of his appointment. The Mayor and Council may, upon recommendation
of the Police Committee, waive the probationary period for just cause.
During the probationary period, he shall be known as a probationary
patrolman. The probationary period of 12 months may be extended for
a period not to exceed 90 days upon recommendation of the Police Committee
that such action is for the good of the service and if such recommendation
is confirmed by the Mayor and Council. The Police Chief shall present
a report and recommendation to the Police Committee at six month intervals.
At the termination of the probationary period, the appointment as
a Patrolman shall become final upon the recommendation of the Police
Committee if such recommendation is confirmed by the Mayor and Council.
If, at the expiration of the probationary period, the conduct or capacity
of the probationary Patrolman has not been satisfactory to the Mayor
and Council, the probationary Patrolman shall be notified, in writing,
that he will not receive the appointment to the Police Department.
b.
Promotion.
1.
Promotion as used in this section shall be defined as advancement
in rank.
2.
All promotions shall be based on the officer's merit and ability.
The Mayor and Council shall take into consideration the candidate's
personnel record, experience and training, grades on examination,
seniority and recommendations of the Chief of Police and other superior
officers. All promotions to superior positions shall be made from
the membership of the Department as constituted at the time of such
promotion.
3.
Investigation shall include investigation of job performance, personnel
files, and consideration of the candidate's seniority as well
as overall ability.
4.
Each candidate shall be required to undergo psychological testing.
5.
Upon completion of the above mentioned procedure, the Mayor and Council
shall consider for promotion only those candidates whose investigation
merits consideration. The Mayor and Council shall make the final decision
in accordance with the New Jersey Statutes.
c.
Probationary Officers. Each Police Officer promoted within the Police
Department shall first serve a probationary period within the promoted
rank for a period of six months from the date of his promotion. During
the probationary period, he shall be known as a probationary sergeant,
probationary lieutenant or whatever rank to which he may be promoted.
The probationary period of six months may be extended for a period
not to exceed 90 days additional, upon recommendation of the Police
Committee that such action is for the good of the service and if such
action is confirmed by the Mayor and Council. At the termination of
the probationary period, the appointment to a new rank shall become
final upon the recommendation of the Police Committee and the confirmation
of the Mayor and Council. If, at the expiration of the probationary
period, the conduct or capacity of the probationary Officer has not
been satisfactory to the Mayor and Council, the probationary Officer
shall be notified in writing that he will not receive permanent appointment
to a higher rank. The Mayor and Council may waive the probationary
period for any Officer who has served six months in an acting capacity,
and demonstrated his/her ability to perform in the designated rank.
[1982 Code § 2-10.8]
No member of the Police Department shall be suspended, removed,
fined, reduced in rank from or in office except by proceedings that
are established in N.J.S.A. 40A:14-147 et seq., and as established
by the rules and regulations adopted for the Police Department of
the Borough.
[1982 Code § 2-10.9]
[1982 Code § 2-10.10]
Each member of the Police Department, including the Police Chief,
Lieutenant, Sergeant and Patrolmen, shall devote his whole time and
attention to his duties as a member of the Police Department. He shall
not engage in nor accept employment, an occupation or position for
compensation or remuneration which will interfere with or hamper his
duties as a member of the Police Department. He shall not engage in
any activity which will interfere with or hamper his duties as a member
of the Police Department.
All members of the Police Department shall be permitted to engage
in employment outside of the Police Department provided that the employment
does not interfere with or hamper his duties as a member of the Police
Department. However, prior to the acceptance of any employment, the
Police Officer shall first obtain written approval of the Chief of
Police. The Chief of Police shall maintain a list of all Police Officers
who have been granted approval for outside employment setting forth:
a.
Type of employment.
b.
Hours of employment.
c.
Place of employment.
d.
The method by which the Police Officer may be contacted when engaged
in the outside employment.
In addition, the Chief of Police shall supply in writing a list
of all members of the Police Department who are engaged in outside
employment to the Mayor and Council on or about January 1 of each
year and shall supplement that list from time to time as may be necessary.
In the event a Police Officer is not satisfied with a determination
of the Chief of Police in refusing to permit outside employment he
shall submit a written request to the Mayor and Council for a hearing
determining his request. The Mayor and Council shall cause to have
the Police Committee conduct a hearing to take place within 30 days
of the receipt of the request by the Police Officers.
[1982 Code § 2-10.11; New]
The Mayor and Borough Council shall, as provided by law, adopt
rules and regulations for the administration of the Police Department
and affix and enforce penalties for the violation of such rules and
regulations. The Mayor and Borough Council may adopt such orders affecting
the Police Department as from time to time may be necessary.
The general government and discipline of the Police Department
shall be according to the rules and regulations contained in a certain
volume entitled "Borough of Jamesburg, Middlesex County, New Jersey
Police Department Police Manual and Rules and Regulations January,
1977," which manual and rules and regulations are hereby adopted in
their entirety as and for the official rules and regulations of the
Jamesburg Police Department. The Chief of Police shall be responsible
for the distribution and dissemination of the manual and rules and
regulations among the members of the Police Department and the Borough
Clerk shall maintain no fewer than two copies of this manual and rules
and regulations on file and available for the inspection of any and
all interested parties.
[1982 Code § 2-10.12; Ord. No.
11-92]
a.
All Special Law Enforcement Officers shall be under the supervision
and direction of the Chief of Police or his direct designee and shall
perform all of their duties only in the Borough of Jamesburg, unless
they are in fresh pursuit of any person who has committed an offense
in the Borough of Jamesburg.
b.
Class 2 Special Law Enforcement Officers, when so authorized, may
carry a firearm, but only when authorized in writing by the Chief
of Police and only when on duty as a Special Law Enforcement Officer.
c.
The Chief of Police may authorize any Class 2 Special Police Officer
to arrest, subject to all applicable rules and regulations. Such authorization
to arrest shall be limited to times when the authorized Special Law
Enforcement Officer is on duty as a Special Law Enforcement Officer.
d.
If a Special Law Enforcement Officer is authorized to carry a firearm
and a firearm is utilized by a Special Police Officer while on duty,
he shall return such firearm utilized to the officer in charge at
the end of the Special Law Enforcement Officer's work day, unless
the firearm so utilized by the Special Law Enforcement Officer is
owned by the Special Police Officer and was acquired in compliance
with a condition of employment prior to October 1, 1986. Any Special
Law Enforcement Officer first appointed after October 1, 1986, shall
use only a firearm supplied by the Jamesburg Police Department.
e.
No Special Law Enforcement Officer may carry a firearm until he has
satisfactorily completed the basic firearms course required by the
Borough of Jamesburg and the New Jersey Police Training Commission
for Regular Police Officers, and shall biannually re-qualify as required
for Regular Jamesburg Police Officers.
f.
The number of Class 2 Law Enforcement Officers shall be limited to
25% of the number of full time officers on the Borough of Jamesburg
Police Department.
g.
Class 2 Special Law Enforcement Officers are authorized to exercise
full powers and duties of a Municipal Police Officer.
h.
Class 1 Special Law Enforcement Officers shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
1 Special Police Officers shall have the power to issue summonses
for disorderly persons offenses, petty disorderly persons offenses,
violations of municipal ordinances and violation of Title 39 of the
New Jersey Statutes (motor vehicle offenses). The use of a firearm
by a Class 1 Special Police Officer is strictly prohibited.
[Ord. No. 15-00 §§ 1
— 6; Ord. No. 06-08]
a.
Intended Purpose and Objective. The intention of this subsection
is to permit members of the Jamesburg Borough Police Department, during
their off-duty hours, to engage in certain extra duty police-related
activities for private persons or entities under specified circumstances
and establish policy regarding the use of said officers.
b.
Authorization for Assignments. The Chief of Police of the Borough
of Jamesburg is hereby authorized to permit members of the Borough
Police Department, during their off-duty hours, to engage in extra
duty police-related activities for private reasons or entities under
the provisions of this section. Any and all extra duty assignments
must be determined and approved by the Chief of Police prior to the
commencement of such employment. The Chief of Police shall obtain
such information as he deems necessary in order to make his determination
as to whether to permit the requested assignment. The Chief of Police
may assign a patrol vehicle for use in performing the requested assignment
if the Chief of Police determines that such patrol vehicle is necessary
in order to properly perform the contracted duty. The Chief of Police
may deny assignment or use of police officer(s) or vehicles and/or
impose any condition(s) or requirement(s) as he, in his sole discretion,
may deem to be in the best interests of the Borough and/or the police
officer(s) or public safety. The Chief of Police shall be guided by
the nature of the assignment and should avoid those with conflicts
of interest and/or high risk of injury.
c.
Nature of Work; Procedure for Assignment. The work to be performed
shall be considered as a "special assignment from independent contractors"
and will not be considered as a direct assignment. Officers engaged
in such assignments shall conform to all Police Department rules,
regulations, and procedures. After approval of the activity by the
Chief of Police, the assignment of the necessary extra duty police
officer(s) shall be made on a voluntary basis in accordance with a
fair and reasonable system established and administered by the Chief
of Police. Any law enforcement officers, when so employed by the Borough
shall be treated as an employee of the Borough provided, however,
that wages earned for outside employment shall not be applied toward
pension benefits of law enforcement officers so employed, nor shall
hours worked for outside employment be considered in any way compensable
as overtime.
d.
Escrow Accounts. Any person or entity requesting the services of
an off-duty law enforcement officer of the Jamesburg Police Department
shall estimate the number of hours such law enforcement services are
required, which estimate shall be approved in writing by the Chief
of Police, and shall establish an escrow account with the Borough
Finance Officer by depositing an amount sufficient to cover the rates
of compensation and administrative fees set forth in this section,
for the total estimated hours of service.
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police, or his designee, shall verify that
the balance in the escrow account of the person or entity requesting
services is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. The Chief of
Police shall not post a request for services from any person or entity
unless all fees and compensation required in the manner described
above have been deposited with the Borough Finance Officer. No officer
shall provide any such services for more hours than are specified
in the request for services.
In the event the funds in such an escrow account should become
depleted, services of off-duty law enforcement officers shall cease
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner described above.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in escrow account in order
to avoid any interruption of services.
e.
Requests for Services. All requests for the services of off-duty
law enforcement officers in the Borough of Jamesburg Police Department
for a period of one week or longer shall be forwarded to the Chief
of Police for posting at least 10 days before such services are required.
f.
Rates of Compensation; Administrative Fee; Payment for Services.
Fees for the services to be rendered shall be established by resolution
of the Borough Council and may be amended from time to time at the
Borough Council's discretion.
g.
Insurance Coverage. The Borough shall be responsible to provide all
necessary insurance coverage as required by law, including, but not
limited to workers' compensation, public liability and claims
for damage, personal injury including death or damage to property
which may arise as a result of the Borough's performance under
the agreement.
[1982 Code § 2-11.1]
The Borough Fire Department shall consist of one Chief and two
Assistant Chiefs and as many firefighters as may be confirmed by the
Borough Council. No person shall be considered a member of the Fire
Department nor entitled to any of the privileges of membership, including
voting at any election, unless his name has been returned to and approved
by the Borough Council.
[1982 Code § 2-11.2]
Officers of the Fire Company shall be elected according to the
bylaws of the Fire Company. In case two or more candidates for any
such election for the same office shall have received an equal number
of votes, the Borough Council shall, by ballot, appoint such officer
from the two or more candidates having the highest number of votes.
[1982 Code § 2-11.3]
Charges against any member of the Fire Department shall follow
procedures as outlined in the bylaws of the Fire Department. The charges
shall then be forwarded to the Borough Council for their action.
Any member who has been expelled from any company and whose
expulsion has been confirmed by the Borough Council shall not be allowed
to join any other Company unless he shall have been reinstated by
the Company from which he was expelled and again confirmed by the
Borough Council. Any person, after being expelled by any Company,
shall be entitled to a hearing before the Fire Committee, provided
he shall serve a notice of appeal by mail or otherwise on the Foreman
of his Company within 48 hours after receiving notice of such expulsion.
[1982 Code § 2-11.4]
The Secretary of the Fire Company shall keep a correct roll
of the members of his Company, a record of the proceedings of its
meetings, and shall upon every occasion when the Company is called
together, either upon an alarm of fire or otherwise, call the roll
of the names of the members of the Company before the Company shall
be dismissed, and forthwith make to the Foreman thereof, a return
of the absentees or delinquents, and shall transmit in writing to
the Borough Council, the names of every member who may decease, resign,
remove from the Borough or be expelled, within 30 days after such
removal, death, resignation or expulsion.
[1982 Code § 2-11.5]
Each active member of the Fire Department shall be entitled
to the exemptions allowed by law of the State. The Borough Clerk,
after May 1 and before May 15, in each year, shall prepare certificates
of all the members of the Fire Department in good and active standing
and file such certificates with the Borough Collector and the Borough
Assessor.
[1982 Code § 2-11.6]
a.
Fire Committee; Appointment and Duties. At the time of the annual
organization of the Borough Council, the Mayor and Council shall appoint
a Fire Committee from the Council, consisting of three members. One
of these shall be designated as Chairman by the Mayor and Council.
The Fire Committee shall have full and complete control over
and direction of the equipment and personnel of the Fire Department,
except at fires or otherwise on duty.
It shall be the duty of the Chairman of the Fire Committee to
report at each meeting of the Borough Council on the activities of
the Fire Department and to make recommendations for the general efficiency
and welfare of the Department.
The Fire Chief shall make monthly reports to the Chairman of
the Fire Committee.
b.
Board of Engineers of the Fire Department; Establishment; Powers.
The Chief and the Assistant Chiefs, together with the Foreman and
the Assistant Foreman, shall constitute and be called the Board of
Engineers of the Fire Department. A majority of such Board shall constitute
a quorum for the transaction of business, and no resolution or order
of the Board shall be adopted unless with the consent of a majority
of all the members thereof.
The Board shall have power to meet on their own appointment
or whenever the Chief shall call a meeting, and may, subject to the
approval of the Borough Council, adopt such rules and regulations
for their own government and for the government of the members of
the Department as they may deem advisable, provided the rules and
laws are not inconsistent with the laws of the State or the ordinances
of the Borough, and the members of such Department are hereby made
subject to such rules and bylaws when approved by the Borough Council.
Amendments to bylaws shall be approved by the Borough Council.
c.
Chief of Fire Department; Power and Duties. The Chief in all cases
shall have the sole and absolute control and command over all the
persons attached to the Fire Department, and shall direct their operations
at all fires, so as most effectually to prevent the destruction of
life and property. In all cases of fire, he shall take prompt and
efficient measures and use the means of the Department to extinguish
the same. He shall have the sole and absolute control and command
over all the fire engines and fire apparatus and over all persons
aiding or assisting the department in such cases. The Assistant Chiefs
shall aid the Chief in the discharge of his duty, and in case of the
absence or disability of the Chief, shall act in his stead and be
clothed with all his powers and responsibilities.
It shall be the duty of the Chief at least once in each month,
to examine the engine house, fire engines, hose and other fire apparatus,
and the public cistern and hydrants, and to keep a record of the condition
in which such engine houses, fire alarm system, engines, hose and
other apparatus were found by him.
The Chief shall also have the power to call out, in the month
of May, in each year, for review and inspection, all persons belonging
to the Fire Department.
He shall, under the direction of the Fire Committee, superintend
and direct all ordinary and necessary repairs to the fire engines,
and other fire apparatus.
[1982 Code § 2-11.7]
No fire engine or other fire apparatus shall be taken without
the limits of the Borough without the consent of the Borough Fire
Committee; in case of any fire in an adjoining community the Chief
or the Fire Committee may permit apparatus to go outside the Borough
limits to render aid in extinguishing such fires; such permission,
however, shall always be in writing.
[1982 Code § 2-11.8; New]
a.
No person shall follow any piece of fire apparatus going out on an
alarm, at a distance closer than 300 feet.
b.
No person shall injure or assist in injuring any part of the fire
alarm apparatus, or shall strike an alarm or aid or assist in causing
an alarm to be struck with the intention of creating a false alarm.
c.
No person shall interfere with the fire engines or apparatus at any
fire, disobey any order of the Chief or the Assistant Engineers, create
any disturbance at the scene of a fire or in any way obstruct the
efficiency of the Department in the extinguishing of fires.
d.
No person while attending a fire or going to or returning from a
fire, or an alarm of fire, shall willfully neglect or refuse to obey
any command or order of the Officers in charge of the Fire Department.
e.
No person shall enter or remain within any fire lines or limits established
at any fire, without having the written permission of the Chief or
Assistants, unless such persons shall be entitled to be within such
fire lines or limits by the rules of the Board of Engineers.
