[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton 5-31-1965; amended in its entirety 7-16-2018 by Ord. No. 2018-12. Subsequent amendments noted where applicable.]
The Township Council, as the appropriate authority, shall adopt
and promulgate rules and regulations for the government of the Police
Department and for the discipline of its members as set forth herein.
The Township Council hereby declares that the rules and regulations
of the Eastampton Township Police Department shall be set forth in
a Police Manual, copies of which shall be kept on file in the office
of the Township Clerk, Township Manager and the Chief of Police and
available for public inspection during regular business hours. To
the extent the Township's Employee Handbook does not directly conflict
with a term of a collective bargaining agreement, all individuals
employed by the Police Department shall also be required to follow
the Township's Employee Handbook.
[Amended 2-11-2019 by Ord. No. 2019-1]
A.
Personnel shall include the following positions:
(1)
Chief of Police.
(2)
Deputy Chief of Police.
(3)
Police Lieutenant.
(4)
Police Sergeants.
(5)
Detective-Patrol officer.
(6)
Police Corporals.
(7)
Patrol officer.
(8)
School Resource officer.
(9)
Class I and II police officers.
(10)
Administrative assistant to the Chief.
(11)
Police Evidence Technician.
(12)
Humane Law Enforcement Officer.
(13)
Crossing guard.
(14)
Class I confidential assistant to Chief of Police.
A.
No person shall be appointed as a member of the Police Department
unless he:
(1)
Is a citizen of the United States.
(2)
Is 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.
(3)
Is able to read, write and speak the English language well and intelligently.
(4)
Is of good moral character, and has not been convicted of any criminal
offense involving moral turpitude.
(5)
Shall have 20/20 vision, or 20/40 vision corrected to 20/20 vision,
and shall have normal color perception.
(6)
Shall have 15/15 hearing in each ear without artificial aids.
(7)
Shall possess a high school diploma or an approved high school equivalent
certificate.
(8)
Shall be able to pass such written, oral, physical and psychological
examinations as shall be selected and approved by the Township Council.
(9)
Shall satisfactorily complete a basic training course at a Commission-approved
school.
(10)
Shall be not less than 21 years nor more than 35 years of age.
B.
No applicant shall be appointed to any position with the Police Department
until he shall have been fingerprinted and his fingerprints filed
with the New Jersey State Police and the Federal Bureau of Investigation,
and no applicant shall be appointed until after there has been a thorough
background and character investigation of the candidate that will
also determine the candidate's fitness for the position he seeks.
No applicant shall be appointed to any position with the Police Department
until he has satisfactorily complied with the drug screening policies
established by the Township Council by way of the appropriate rule
or regulation and has complied with other relevant provisions of the
Duty Manual.
The Chief of Police shall be appointed by the Township Manager
for an initial probationary period of six months, and, upon the termination
of the probationary period, term of appointment shall be for an indefinite
term.
The Lieutenant shall be appointed by the Township Manager from
among the Sergeants for an initial probationary period of six months,
and, upon the termination of the probationary period, such appointment
shall be for an indefinite term.
The Sergeant shall be appointed by the Township Manager, from
among patrol officers who have served as members of the Eastampton
Township Police Department for at least four years immediately preceding
such appointment, for an initial probationary period of six months,
and, upon the termination of the probationary period, such appointment
shall be for an indefinite term.
Each patrol officer shall be appointed by the Township Manager
for an initial period of 12 months commencing upon completion of the
basic training course, and, upon the termination of the probationary
period, such appointment shall be for an indefinite term.
Each detective shall be appointed by the Township Manager, from
among patrol officers who have served as members of the Eastampton
Township Police Department for at least three years immediately preceding
such appointment, for an initial probationary period of six months,
and, upon the termination of the probationary period, such appointment
shall be for an indefinite term.
Members of the Police Department shall be promoted to superior positions in accordance with the promotional criteria which are set forth in the Police Manual, said promotional criteria being adopted as rules and regulations by the Township Council by way of a resolution pursuant to § 82-1 of the Code of the Township of Eastampton.
No person appointed to any office of the police force for a
probationary period shall thereby possess or acquire any right or
status of tenure of office, and every such probationary employment
shall be subject to termination at any time during the probationary
period, at the pleasure of the Township Manager or the appointee,
and with or without cause. Upon the termination of the probationary
period of employment, by reason of the termination thereof or by reason
of prior termination at the instance of the appointee or of the Township
Manager, the appointee shall forthwith return to the Township, unless
the appointee, upon the expiration of the probationary period, shall
be appointed to the contemplated office for an indefinite term, all
uniforms, badges and equipment received by him for use in connection
with his probationary employment, and the Township shall forthwith
pay over to him the proportionate part of the current installment
of salary that shall have been earned by him in the course of such
probationary employment. The probationary period shall be for one
year, to expire from the date of the satisfactory completion of academy
police training or the first day of appointment, whichever is later.
Whenever a probationary period of employment has been fully
served by an appointee to the satisfaction of the Township Council,
and the appointee thereupon has been duly appointed to the contemplated
office for an indefinite term, the time during which such appointee
has served under the probationary appointment shall constitute part
of his length of service in the office to which he has been appointed.
If such probationary appointee is not appointed to the contemplated
office, the time during which he served under the probationary appointment
shall constitute part of his length of service in the office held
by him at the time of his probationary appointment, provided that
he was then a member of the police force.
The salaries of members, officers and personnel of the Police
Department shall be as provided for in the Salary Ordinance of the
Township.[1]
The Chief of Police shall have and exercise the following duties:
A.
The Chief of Police shall serve as the active executive officer of
the Police Department and be responsible for the performance of the
Department.
B.
Coordinate, direct and control all operations of the Eastampton Township
Police Department, and he shall report directly to the Township Council.
C.
Hold Department meetings at least once a month, evaluate performance
and efficiency, and make necessary adjustments as he deems advisable.
Be responsible and make known orders, directives and policies to the
Township Council and delegate the responsible prosecution of such
orders to Department personnel.
D.
Make a monthly police report to the Township Council and all other
reports as the law requires.
E.
Patrol as any officer under his command and be responsible for the
enforcement of Township ordinances controlling obnoxious weed growths,
litter and offensive materials allowed to accumulate on properties.
If, any of these violations are joint health problems, contact the
Code Enforcement Officer, receive that Officer's written opinion and
then make a complaint to the Municipal Court and have the offender
prosecuted and the situation corrected. All written reports of officers
under his command will be examined for details of this offense, but
enforcement will be by the Chief of Police, with the Code Enforcement
Officer as witness if the case need be.
F.
Plan and supervise the activities of the Department, including such
practices and procedures as are necessary to meet operating conditions
and service demands.
G.
Once the budget for the Police Department is approved by the Township
Council, set up a duty roster for the year with the purpose of keeping
within the approved costs.
H.
Plan the training for the personnel of the Department utilizing all
means available and carry on a continuous program of carefully supervised
on-the-job training.
I.
Submit to the Clerk and Township Council monthly time logs with his
signature for all Department personnel payments. Duplicates of these
time logs shall be retained in his files.
J.
Have direct responsibility for the quality of service which the public
receives from police activities.
K.
In the event of any legal prosecution of any police matters, the
Chief of Police shall contact the Township prosecutor for proper prosecution
of such cases.
L.
Subject to the terms and provisions of this chapter and the rules
and regulations herein established, generally supervise, manage and
direct the operations and activities of the Police Department. Be
responsible for the protection of lives and property in the Township
and for the organization and direction of all Township activities
concerned with public safety. Have responsibility for activities in
police investigation, vice control and internal security within the
Police Department. Be responsible for counseling and training Police
Department employees.
M.
Issue such orders and give such instructions as he may deem necessary
or proper from time to time in the operation, administration and management
of the Police Department, provided that these orders are not inconsistent
with the rules and regulations approved by resolution of the Township
Council pursuant to this chapter.
N.
In the event of an emergency involving the protection of life or
property or the preservation of the public peace, health and good
order, temporarily employ and direct such persons as he may deem necessary
to meet the emergency, provided that persons so temporarily employed
shall not, by reason of their employment, become members of the Police
Department, and provided further, that persons so employed may be
discharged from such employment at the pleasure of the Township Council.
In the event of an emergency, the Chief of Police shall have the authority
to summon and keep on duty any members of the Police Department for
a period or period of time in excess of the hours of ordinary duty.
O.
Direct any specific police duty or duties to be performed by other
members of the Police Department.
P.
Inspect the weekly payrolls and, if to be found correct, endorse
his approval thereon and deliver such payrolls to the Township Clerk
in order that proper warrants for payment may be issued.
Q.
Receive all signed complaints brought against a member of the police
force.
R.
Prepare a proposed budget for the Police Department and submit such
proposed budget to the Township Council.
S.
Purchase all budgeted and approved supplies, uniforms and equipment
for the Police Department, upon a proper voucher submitted with his
signature to the Clerk of the Township for payment. Retain duplicates
of such vouchers in his files.
The authority and duties of the Lieutenant shall be as follows:
A.
Take cognizance of any and all neglect of duty, disobedience of orders
and other offenses on the part of members of the Department.
B.
Issue such orders or take such action as may be necessary, but in
every case shall make a full report of the entire occurrence to the
Deputy Chief of Police at the earliest practicable moment.
C.
In every case of disobedience, violation of rules or other offenses
on the part of any member of the Department, Lieutenants shall report
the same, as soon as possible, to the Deputy Chief of Police and,
in the case of negligence or other dereliction by any person on duty
at Police Headquarters who is not employed in the police service,
shall make a full report to the proper authorities.
D.
Devote his energies and plan his activities for the health, safety,
welfare and general well-being of the citizens and residents of the
Township and for the efficient and responsible administration of the
Police Department. Stimulate in the members of the Police Department
a concern for the well-being of all of the people and property in
the community and an appreciation and respect for the rights and liberties
of all persons. Constantly strive for a high degree of excellence
in the quality of law enforcement and service rendered by such members.
E.
Ensure that every person connected with the Department is properly
instructed in his duties by a Sergeant, paying particular attention
to the instructions of new members of the Department. See that the
Police Sergeant requires each member of the Police Department to be
attired in the proper uniform with the proper equipment to perform
his duties.
F.
Assist the Deputy Chief of Police in the performance of his duties
and shall be responsible for seeing that all the laws of the State
of New Jersey and ordinances of the Township are duly enforced and
observed and that the public peace is maintained.
G.
Be responsible for the maintenance of all records, files and reports
pertaining to the operations of the Police Department.
H.
Supervise the uniformed members of the Department and shall be responsible
to the Deputy Chief of Police for the correct performance of their
duties.
I.
I initiate disciplinary action involving any of the Sergeants resulting
from reports of any of the patrolmen.
J.
During his tour of duty, in addition to the performance of the duties
herein listed, exercise the authority and perform the duties of a
patrol officer as far as practicable.
K.
Responsible for the scheduling of the work of Police Sergeants, patrolmen
and special police officers to ensure that the proper number of men
will be on duty at all times.
The authority and duties of the Sergeant shall be as follows:
A.
During his tour of duty, be superior in rank to and have charge of
all patrol officers, special police officers and police radio dispatchers
who shall be serving on the same shift and shall, generally, supervise
the work of all said members and shall give such instructions and
directions as deemed necessary for the proper and efficient operation
of the Police Department in accordance with the provisions and regulations
of this chapter.
B.
Designate the streets, avenues and areas of the Township to be patrolled
by members of the Police Department as shall have been assigned to
patrol duty on his shift.
C.
See that patrol officers are properly relieving the patrol officers
going off duty and that the patrol officers are in proper uniform
with the necessary equipment to perform their duties properly.
D.
Assign all patrol officers to their respective duties and shall note
whether or not the patrol officers be relieved are at their given
relieving point and in proper condition.
E.
Constantly patrol assigned area and shall supervise the work of the
patrol officers in patrol cars and performing any other type of duty.
F.
During a tour of duty, inspect all police vehicles used by the Police
Department, and if any vehicle is in need of repair, submit a report
to a Lieutenant.
G.
Review for approval all written reports made by the patrol officers
during a tour of duty. If reports are inadequate, instruct the patrol
officers as to proper form and information to be supplied.
H.
A Sergeant on duty shall ensure that all patrol officers and special
police officers are on their assigned traffic posts and that all the
posts are covered.
I.
Perform duties under the supervision and direction of the Lieutenants
and shall be responsible for seeing that all laws of the State of
New Jersey and ordinances of the Township of Eastampton are duly observed
and enforced and that the public peace is maintained. The Sergeants
shall perform such duties as may be assigned to them from time to
time by the Chief of Police, Deputy Chief of Police or the Police
Lieutenants.
J.
It shall be the duty of the Sergeant to take cognizance of any and
all neglect of duty, disobedience of orders and other offenses by
members of the Department and to take immediate steps to correct or
eliminate same, and report same to their appropriate superiors. Also
ensure that the police headquarters and property of the Police Department
are kept in proper order and condition and that strict discipline
is always maintained and that efficient service is performed by the
force.
K.
Devote his energies and plan his activities for the health, safety,
welfare and general well-being of the citizens and residents of the
Township and for the efficient and responsible administration of its
Police Department. Demand of his men an appreciation and respect for
the rights and liberties of all persons. Constantly require patrol
officers to strive for a high degree of excellence in the quality
of law enforcement and services rendered by them.
L.
During his tour of duty, in addition to the performance of the duties
of Sergeant specified herein, exercise the authority and perform the
duties of a patrol officer as far as practicable.
M.
Determine the uniform of the day to be worn by all officers working
the same tour of duty.
N.
Be responsible for the initiation of any disciplinary action involving
any patrol officers under his command.
O.
Adopt and put into effect the newest police patrol log system and
keep its accompanying file.
P.
Prepare and have approved a monthly duty roster.
Q.
Have the Municipal Court disposition of cases reviewed at regular
meetings of the Police Department and keep files of the same.
R.
Properly attest to proper police procedures being followed in this
Department and make sure that directives in this chapter and the Duty
Manual of the Department are being adhered to.
S.
Keep a complete inventory file of all equipment, type, date purchased
and serial number of all material, etc., assigned to this Department.
The authority and duties of the patrol officer shall be as follows:
A.
Perform general police work and be the primary public relations representative
of the Department.
B.
Conduct preliminary investigations at the scene of crimes or accidents
and gather evidence, administer first aid, locate and interview witnesses,
make proper arrests, and submit proper reports.
C.
Watch particularly the actions of suspected criminals.
D.
Be responsible for all phases of police work, not just specific assignments.
E.
Confine his patrol within the prescribed limits, except when making
any arrest or making any urgent investigation or when ordered elsewhere
by his superior officer.
F.
Maintain constant patrol of his area, except to perform a police
function or for personal necessity.
G.
Furnish information and render aid to anyone properly requesting
or needing it, if not inconsistent with his work.
H.
Note and investigate all vehicles, the driver or occupants of which
arouse suspicion. Question the occupants and driver, learning names,
ages, sexes, residence, and other pertinent information, together
with the make, license number, serial number, color and type of vehicle.
I.
Prohibit loitering on the sidewalks or streets to the inconvenience
of the public.
J.
Note all defects in highways, sidewalks, buildings, etc., from which
accidents might arise and, when unable to immediately adjust such
defect, notify superior officer by written report or, where urgency
is required, by phone, radio or other means.
K.
Make a written report as a follow-up of action taken in all defective
traffic signals, streetlights, regulatory signs, etc.
L.
Be acquainted with all Township ordinances and make written reports
of any violations.
M.
Be especially alert to trash thrown to road edges.
N.
Be especially alert to trash and garbage containers left after pickup
hours and obnoxious conditions existing at the sites.
O.
Keep this Township safe, healthy and clean.
The authority and duties of detective shall be as follows:
B.
Perform and, on occasion, conduct the supervision of specialized
police work involving investigation of criminal or other law violations,
prepare cases based on the results of such investigative work and
appear in court for the purpose of presenting testimony and evidence
of the same. Said investigation shall be undertaken at the direction
of the Chief of Police.
C.
In the course of performing or conducting supervision of investigations
he shall submit periodic activity reports to the Chief of Police,
and work shall be subject to personal inspection by the Chief of Police.
D.
Have a working knowledge of the modern methods of criminal investigation
and identification; a working knowledge of the geography of the Township
and location of the buildings therein; and a working knowledge of
state and Township laws and ordinances.
E.
Exhibit the ability to think and act quickly in emergencies and be
possessed of a retentive memory, a keen sense of observation, emotional
stability and good physical condition.
F.
Be required to undertake and complete special training courses in
investigative and general police procedures as may be selected from
time to time by the Chief of Police. Satisfactory completion of such
courses during the period of appointment shall be a condition of the
appointee's retention of appointment as detective.
There may be Class Two special law enforcement officers in the
Township of Eastampton. Said officers shall exercise the powers and
duties as established by N.J.S.A. 40A:14-146.9 to 40A:14-146.18 and
shall have the qualifications as set forth therein.
Salaries of members of the Police Department shall be as provided
in the Salary Ordinance adopted by the Township Council of the Township
of Eastampton.[1]
[Amended 5-28-2019 by Ord. No. 2019-10; 10-26-2020 by Ord. No. 2020-8]
A.
Purpose. The purpose of this section is to set forth guidelines to
govern the employment of Eastampton Township police officers for extra-duty
details both within the Township of Eastampton and outside the Township
of Eastampton and which extend beyond their regular assigned duties
and responsibilities.
B.
EMPLOYER
EXTRA-DUTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of Eastampton
Township.
Any outside employment when a police officer is not scheduled
for a shift of duty by the Eastampton Township Police Department and
that calls for actual or potential use of law enforcement powers by
the police officer.
C.
Extra-duty details permitted under certain conditions. Members of
the Eastampton Township Police Department shall be permitted to accept
police-related employment for private employers and other Township
entities only during off-duty hours and at such time as will not interfere
with the efficient performance of regularly scheduled or emergency
duty for the Township as determined by the Eastampton Township Chief
of Police.
D.
Chief of Police approval required. Any person or entity wishing to employ off-duty police officers for extra-duty work shall first obtain the approval of the Chief of Police in accordance with the procedure set forth in Subsection P, below. Approval shall be granted if, in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Eastampton Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work or be contrary to the best interests of the Township of Eastampton. The Chief of Police is responsible for public safety in Eastampton and as such shall administer all activities pursuant to this section.
E.
Minimum time of assignments; cancellation. Assignments shall be a
minimum of two hours.
F.
Employer violations and penalties. Any employer who employs a police
officer for extra duty without first having complied with the requirements
as set forth shall be subject to a fine of $500 or imprisonment of
one day, or both, for each day that it employs the police officer.
G.
Compliance with rules. Officers working an extra-duty assignment
shall adhere to all rules, regulations, orders and standard operating
procedures of the Eastampton Police Department.
H.
Eligibility. In order to be eligible for extra-duty employment, a
police officer must be in good standing with the Department. Officers
who are on medical or other leave due to sickness, temporary disability
or an ongoing injury shall not be eligible to engage in extra-duty
employment. Officers who accept or perform extra-duty employment while
on sick or injured leave from their regular duties with the Eastampton
Township Police Department shall be subject to discipline.
I.
Wages. Wages earned for outside extra-duty employment by any Eastampton
Township police officer shall not be applied toward the pension benefits
of the police officers so employed, nor shall hours worked for outside
employment be considered in any way compensable as overtime payable
by the Township of Eastampton.
J.
Defense and indemnification. Each employer of a police officer for
extra duty must defend and indemnify the police officer, the Police
Chief, the Police Department, the Eastampton Township Council members,
Eastampton Township and any agent, officer or employee thereof and
save them harmless from and against any and all claims, actions, damages,
liability and expenses, including but not limited to court costs and
reasonable attorneys' fees, without regard to fault, in connection
with or arising out of any acts or omissions by the Eastampton Township
police officer in performing the extra duty subject to said employer's
agreement with Eastampton Township or in connection with or arising
out of that agreement between said employer and the Township of Eastampton
or Eastampton Township Police Department for such extra-duty assignment.
K.
The Township has deemed it to be in the best interest of the citizens
of this community, and would contribute to the overall safety and
general welfare of all persons living in or traveling through this
Township, for members of the Police Department to provide traffic
control services and be present for scene safety at all construction
sites, public events and utility work performed in the Township of
Eastampton by entities not connected with or under the control of
the municipality, and under no circumstances shall a construction
or utility company be permitted to conduct work on Township roadways
without the permission of the Township Manager and/or Chief of Police.
L.
It is also deemed to be in the best interest of the municipality
to provide coordination and administration through the local government,
of security-related services provided by local police officers, and
to have said officers subject to departmental discipline and control,
while performing such services.
M.
Services almost invariably would be performed while the police officer
was in an off-duty status.
N.
The governing body wants to protect the Township from liability in
connection with such work, and establish guidelines and regulations
governing such work.
O.
Authorization.
[Amended 9-11-2023 by Ord. No. 2023-9]
(1)
Members of the Township's Police Department, whether they be
full-time or part-time, are expressively authorized to engage in security-related
and traffic control activities during their off-duty hours for private
entities, so long as the arrangements thereof are made through this
municipality and any compensation paid to the officers for such service
is channeled through the Township's Financial Department.
(2)
The officers performing said off-duty services authorized hereunder
are also authorized to wear a Township Police uniform; however, nothing
shall in any way imply or be deemed to express any commitment or obligation
by the municipality to pay said officer's compensation for overtime
or extra duty work; in fact, the governing body hereby disclaims any
such commitment, obligation, or responsibility.
(3)
The authorization set forth in this subsection shall apply only to
security-related and traffic control activities during off-duty hours
for private persons or entities.
(4)
In granting this authorization, the Township of Eastampton assumes
no responsibility or liability for the actions or nonactions of the
off-duty police officers.
P.
Procedure.
(1)
Any person or entity wishing to receive police services which the
Township is not obligated or expected to provide or does not usually
provide as part of its regular plan of police services may arrange
to receive such services within the Township through the Chief of
Police. Such persons should notify the Chief of Police, in writing,
of the specific nature of the services desired at least 15 days before
such services are required, unless exigent circumstances exist. All
requests shall be subject to the availability of personnel as determined
by the Chief of Police. The Chief of Police is responsible for public
safety in Eastampton and as such shall administer all activities pursuant
to this section.
(2)
All police services within the Township of Eastampton shall be delivered
by officers from the Eastampton Police Department. If the Chief of
Police determines that the demand cannot be met by the Eastampton
Police Department, he may request additional police officers from
outside agencies.
(3)
All requests for extra-duty police services will be finalized in
a written agreement between the Chief of Police and the individual
or entity requesting such services. The agreement shall specify, at
a minimum, the following:
(a)
The scope of services that are to be provided;
(b)
The commencement date of the police services to be provided;
(c)
The hours of authorized operation;
(d)
The number of officers requested and total man-hours needed;
and
(e)
The anticipated date when the need for police services will
be completed.
Q.
Payment for extra-duty police services.
(1)
Fees.
[Amended 9-11-2023 by Ord. No. 2023-9]
(a)
All fees for extra-duty police services will be collected by
a third company party subcontracted by the Township of Eastampton.
The fee shall consist of a special hourly rate, agreed upon by the
Township, to be paid to officers working extra-duty assignments, plus
a reasonable approximation of the administrative cost, overhead and
out-of-pocket expenses to the Township for providing the service.
The fees shall be: officer's rate, $105 per hour; administrative
fee, $20 per hour; and vehicle charge, $40 per day and a hourly fee
to be collected by the third party not to exceed $10 per hour. All
payments for such services shall be made payable to Eastampton Township.
(b)
All compensation to be paid to said officers by the private
person or entities shall be first paid by said person or entity to
the Township Treasurer. The amount to be paid to the Township Treasurer
shall be, for the calendar year 2023, $135 per hour where the Officer
is performing traffic control/security in a Township uniform. Out
of this amount $105 per hour shall be paid to the Officer and $20
to the Township per hour to cover all administrative costs and taxes.
(c)
The remaining amount shall be given to the company or organization
that the Township enters into an agreement with to handle the off-duty
scheduling of the officers. In addition, a fee of $40 shall be collected
for each vehicle per day. The Treasurer will then pay the Officer
involved the hourly rate stated above, minus applicable taxes and
other deductions required to be made by the Township Treasurer. Under
no circumstances will the Township of Eastampton advance monies to
the officer involved. The Township will contract an off-duty scheduling
company that will handle the collecting and disbursement of funds
to the Township. The Township assumes no liability for funds not paid
by the private entity or establishment, as this company will assume
the liability on its behalf.
(d)
Exigent circumstances. The Chief of Police maintains broad discretion
to amend, modify or otherwise act without conforming to the letter
of this section if exigent circumstances exist or the public health,
safety or welfare mandates action by the Chief and would not otherwise
allow for timing or deadlines, as set forth herein, to be met.
(e)
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this subsection that off-duty
work authorized by this subsection shall entitle police officers to
coverage under the Police and Firemen's Retirement System where
they are injured during off-duty or outside employment authorized
by this subsection. Both the Township and the members of the Township's
Police Department are familiar with these memoranda and, because the
employees shall ultimately by subject to departmental discipline and
control, and because they are paid by the Township, albeit at a rate
not their regular or overtime rate, they are in accordance with the
February 1990 memorandum prepared by Douglas R. Forrester, Director,
Division of Pensions, above hereto and made a part hereof, considered
to be covered for injury or death which may occur while performing
those duties.
(f)
Minimum pay. Unless a particular assignment is specifically
scheduled for a period of less than four hours, the minimum pay for
each officer's service shall be for a period of four hours. In
addition, the third party or entity requesting the services must provide
a two-hour notice of cancellation, and if notification is not made
at least two hours prior to the scheduled commencement time, the four-hour
minimum payment requirement shall be complied with.
(g)
For off-duty employment is more than eight hours in one day,
on a holiday (recognized by the Township) or weekend, or less than
24 hours' notice for an emergent assignment (does not apply to
employment outside Eastampton Township), employee activities shall
be calculated at the rate of $145 per hour; out of this amount $125
per hour shall be paid to the Officer and $20 to the Township per
hour to cover all administrative costs and taxes.
(2)
Requests for service.
[Amended 9-11-2023 by Ord. No. 2023-9]
(a)
Any person or entity wishing to receive police services which
the Township is not obligated or expected to provide or does not usually
provide as part of its regular plan of police services may arrange
to receive such services within the Township through the Chief of
Police. Such persons should notify the Chief of Police, in writing,
of the specific nature of the services desired at least 15 days before
such services are required, unless exigent circumstances exist. All
requests shall be subject to the availability of personnel as determined
by the Chief of Police. The Chief of Police is responsible for public
safety in Eastampton and as such shall administer all activities pursuant
to this section.
(b)
Any person or entity requesting an Eastampton Township Police
officer for extra-duty employment shall deposit with the Township
a sum as determined by the Chief of Police, and as reflected in a
written agreement, based upon a reasonable estimate of the total costs
for such services.
(c)
All police services within the Township of Eastampton shall
be delivered by officers from the Eastampton Police Department. If
the Chief of Police determines that the demand cannot be met by the
Eastampton Police Department, he may request additional police officers
from outside agencies.
(d)
All requests for extra-duty police services will be finalized
in a written agreement between the Chief of Police and the individual
or entity requesting such services. The agreement shall specify, at
a minimum, the following:
[1]
The scope of services that are to be provided;
[2]
The commencement date of the police services to be provided;
[3]
The hours of authorized operation;
[4]
The number of officers requested and total man-hours needed;
[5]
The anticipated date when the need for police services will
be completed; and
[6]
The anticipated fee for such service and the required escrow
deposit.
(3)
Minimum Pay. Unless a particular assignment is specifically scheduled
for a period of less than four hours, the minimum pay for each officer's
service shall be for a period of four hours. In addition, the third
party or entity requesting the services must provide a two-hour notice
of cancellation, and, if notification is not made at least two hours
prior to the scheduled commencement time, the four-hour minimum payment
requirement shall be complied with.
R.
Exigent circumstances. The Chief of Police maintains broad discretion
to amend, modify or otherwise act without conforming to the letter
of this section if exigent circumstances exist or the public health,
safety or welfare mandates action by the Chief and would not otherwise
allow for timing or deadlines, as set forth herein, to be met.
S.
Exceptions. The Township Manager and/or Chief of Police reserves
the right to amend fees for nonprofit groups and/or other municipal
or county organizations.
A.
The Deputy Chief of Police shall be selected from the ranks of the
department in compliance with applicable state law and shall be appointed
by the Township Manager.
B.
Authority and duties of Deputy Chief of Police. The authority and
duties of Deputy Chief of Police shall be as follows:
(1)
There shall be one Deputy Chief of Police ("Deputy Chief"). The position
of Deputy Chief shall be the position next in rank to that of the
Chief of Police ("Chief"). In the absence of the Chief, the Deputy
Chief performs all of the duties of the Chief without exception. The
Deputy Chief shall also perform those duties of the Chief as assigned
by the Chief.
(2)
The Deputy Chief shall, in subordination to the Chief, have the authority
and discretion to direct the movements and operations, deploy, assign,
transfer and discipline members of the Police Department and supervise
the discharge of their respective duties.
(3)
The Deputy Chief shall faithfully and promptly obey and cause all
subordinate officers to obey all the rules, regulations and orders
from time to time prescribed by the Chief as may be amended from time
to time. The Deputy Chief shall review, develop and recommend as well
as assist in drafting departmental policies and orders.
(4)
The Deputy Chief shall participate and assist the Township Manager
in preparing for collective bargaining including the identification
and formulation of Department proposals which involve negotiable terms
and conditions of employment. The Deputy Chief shall analyze and assess
the present and prospective policing needs of the community and the
Department, the various costs and personnel issues of the Department,
and identify for the Township Manager proposals to adjust same while
meeting community policing requirements. The Deputy Chief shall participate
in meetings with the Chief and Township Manager in connection with
the foregoing responsibilities.
(5)
The Deputy Chief shall be responsible for oversight and regulation
of crossing guards, if any.
(6)
The Deputy Chief shall have oversight of the internal affairs process
and direct the conduct of investigations in accordance with departmental
rules, requirements and Attorney General Guidelines.
(7)
It shall be the duty of the Deputy Chief to cause the public peace
to be preserved and see that all the laws and ordinances relating
thereto are properly enforced.
(8)
The Deputy Chief shall be responsible for the performance of the
Police Department's various functions and duties, and all persons
who are members of the Police Department, with the exception of Chief,
shall serve subject to the orders of the Deputy Chief.
(9)
The Deputy Chief shall plan and supervise the activities of the Department,
including such practices and procedures as are necessary to meet operating
conditions and service demands.
(10)
The Deputy Chief shall participate in budget preparation as
it pertains to the Department, formulate budgetary considerations,
including but not limited to identifying (and if approved by the governing
body, purchasing) equipment. Once the budget for the Police Department
is approved by the Township Council, the Deputy Chief shall set up
a duty roster for the year and monitor all salary-related costs including
overtime as well as assist with making personnel adjustments with
the purpose of keeping within the approved costs.
(11)
The Deputy Chief shall evaluate the Department and its officers
and assess the various nature, types, and extent of training for the
personnel of the Department utilizing all means available and carry
on a continuous program of carefully supervised on-the-job training.
(12)
The Deputy Chief shall have direct responsibility for the quality
of service which the public receives from police activities.
(13)
The Deputy Chief shall patrol as any other officer and be responsible
for the enforcement of Township ordinances. If it is determined that
any of the violations are joint health problems, the Deputy Chief
shall contact the Code Enforcement Officer, receive that Officer's
written opinion and then make a complaint to the Municipal Court and
have the offender prosecuted and the situation corrected. All written
reports of officers will be examined for details of this offense,
but enforcement will be by the Chief, with the Code Enforcement Officer
as a witness if the case need be.
Authorities and duties of Class I Confidential Assistant to
the Chief of Police are as follows:
A.
Shall be in charge of the front office of the Police Department.
B.
Shall prepare purchase orders and requisitions and enter same into
the system for the approval of the Chief of Police.
C.
Shall coordinate with the Evidence Technician Officer to assure that
all discovery requests are met in a timely manner.
D.
Shall handle all OPRA requests that are received by the Eastampton
Township Police Department and return same in a timely manner.
E.
Shall assure that all Operating Expenditures are done within the
confines of the annual Police Budget.
F.
Shall maintain all Police Records and assure that they are properly
logged.
G.
Shall enter reports to which are received in the New World System.
H.
Shall be responsible for typing and transcribing all confidential
matters, preliminary to and subsequent to determination, for the Department's
administrative staff including but not limited to departmental disciplinary
matters, hearings, interviews, memos, materials and internal affairs
investigations. Shall maintain the security and confidentiality of
all such material.
I.
Shall access, collect, coordinate, assemble and prepare materials,
data and information requested by the Chief, Deputy Chief or Township
Manager in connection with preparation of disciplinary matters, preliminary
disciplinary recommendations and determinations, complaint or grievance
assessments, recommendations and determinations, interest arbitration
assessments, recommendations and materials related to the Department's
position in anticipation of such proceedings, and for collective negotiations,
including but not limited to various information pertinent to proposals
and negotiations strategy and preparation of confidential memoranda,
records and files related to the foregoing. Shall maintain the security
and confidentiality of all such material.
J.
Shall access, collect, coordinate and assemble all materials, data
and information as requested by the Chief, Deputy Chief or Township
Manager to assist in preparation of the Department's annual budget.
Shall maintain the security and confidentiality of all such material.
A.
The Corporal shall be appointed by the Township Manager, from among
patrol officers who have served as members of the Eastampton Township
Police Department for at least three years immediately preceding such
appointment, for an initial probationary period of six months, and,
upon the termination of the probationary period, such appointment
shall be for an indefinite term.
B.
Authorities and duties of Corporal. The authority and duties of Corporal
shall be as follows:
(1)
Shall during their tour of duty be superior in rank to and have charge
of all patrol officers and special officers who will be serving on
the same shift and shall generally supervise the work of said members
and shall give such instructions and directions as he/she deems necessary
for the proper and efficient operation of the Police Department.
(2)
Shall designate the streets, avenues and areas of the Township to
be patrolled by members of the Police Department as shall have been
assigned to patrol duty on his/her shift.
(3)
Shall see that patrol officers reporting to them are properly relieved.
(4)
Shall assign all patrol officers to their respective duties and shall
note whether or not the officers to be relieved are at their given
relieving point and in proper condition.
(5)
Shall constantly patrol his/her assigned area and shall supervise
the work of the patrol officers in patrol cars and performing any
other type of duty.
(6)
Shall inspect all police vehicles used by the Police Department,
and if any vehicle is in need of repair, he/she shall submit a report
to their Sergeant.
(7)
Shall review for approval all written reports made by the officers
under his/her supervision during a tour of duty. If reports fail to
meet with his approval, he/she shall instruct the officers under his
supervision as to proper form and information to be supplied.
(8)
Shall ensure that all patrol officers and special police officers
are on their assigned traffic posts and that all the posts are covered.
(9)
Shall perform his/her duties under the supervision and direction
of the Sergeant and shall be responsible for ensuring that all laws
of the State of New Jersey and ordinances of the Township of Eastampton
are duly observed and enforced and that the public peace is maintained.
(10)
Shall be the duty of the Corporal to take cognizance of any
and all neglect of duty, disobedience of orders and other offenses
by members of the Department and to take immediate steps to correct
or eliminate same, and report same to their appropriate superiors.
He/she shall also ensure that the police headquarters and property
of the Police Department are kept in proper order and condition and
that strict discipline is always maintained and that efficient service
is performed by the force.
(11)
Shall devote his/her energies and plan his/her activities for
the health, safety, welfare and general well-being of the citizens
and residents of the Township and for the efficient and responsible
administration of the Police Department. He/she shall demand of his/her
officers an appreciation and respect for the rights and liberties
of all persons. He/she shall constantly require his/her officers to
strive for a high degree of excellence in the quality of law enforcement
and services rendered by them.
(12)
Shall, in addition to duties of Corporal, exercise the authority
and perform the duties of a patrol officer as far as practicable.
(13)
Shall be responsible for the initiation of any disciplinary
action involving any patrol officer under his/her command.
[Added 2-11-2019 by Ord. No. 2019-1]
A.
The Township Manager shall hire a Police Evidence Technician. The
Technician shall pass a police background investigation.
B.
Authority and duties of Police Evidence Technician.
(1)
The Police Evidence Technician shall manage all evidence which is
retained by the Police Department. They shall log all said evidence
in its appropriate location. The evidence technician shall transport
narcotics to and from the state and local laboratory for examination.
(2)
The Police Evidence Technician shall assist the Police Administrator
with any tasked duties assigned to them.
(3)
The Police Evidence Technician shall enter police reports into the
new world system and assist the Police Administrator with discovery
requests, firearms applications and daily paperwork.
[Added 2-11-2019 by Ord. No. 2019-1]
A.
The Township Manager shall appoint a Humane Law Enforcement Officer
as required by the State of New Jersey. Once appointed the HLEO shall
obtain a certification as a Humane Law Enforcement Officer through
the Police Training Commission.
B.
Authority and duties of Humane Law Enforcement Officer.
(1)
The Humane Law Enforcement Officer shall investigate and sign complaints,
arrest violators, and otherwise act as a law enforcement officer for
the detention, apprehension and arrest of offenders against the animal
control, animal welfare, and animal cruelty laws of the state and
ordinances of this municipality.
(2)
He/she shall forward within five business days a copy of any complaint,
summons, or arrest warrant or report to the New Jersey Society for
the Prevention of Cruelty to Animals and shall forward a report of
any related court action within 30 days of final disposition.
(3)
He/she shall assist the Animal Control Officer on an as needed basis
with their duties if requested.
[Added 3-25-2019 by Ord. No. 2019-7]
A.
WHEREAS, the position of Police Chaplain for the Eastampton Township
Police Department is hereby created in accordance with N.J.S.A. 40A:14-141.
The position will be a volunteer position. The position of Chaplain
shall be under and subject to the control of the Chief of Police;
and
B.
WHEREAS, any person appointed as Chaplain shall be an ordained clergyman
in good standing in the religious body from which he/she is selected.
The Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the rules and regulations
of the Eastampton Township Police Department, as applicable; and
C.
WHEREAS, the duties of Police Chaplain shall include but not limited
to assisting the Eastampton Township Police Department in death notifications,
station house adjustments and any other duties that may be assigned
by the Chief of Police; and
D.
WHEREAS, any person appointed as Chaplain shall serve in that capacity
without rank or salary and shall not be a member of the bargaining
unit(s); and
E.
WHEREAS, a person appointed as Chaplain shall serve for a year term
and be appointed annually; and
F.
WHEREAS, the Chief of Police may recommend to the Township Manager
persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141
as well as the rules and regulations of the Eastampton Township Police
Department with reference to Chaplains, if any. All applicants for
the position of Chaplain shall be reviewed by the Chief of Police,
Senior Police Chaplain and Chaplain liaison, as applicable, to determine
his/her qualifications in accordance with this article and shall make
recommendation to the Mayor regarding the appointment as Chaplain.
The Mayor shall appoint Chaplains in accordance with this article
with the advice and consent of the Township Council.
