[Ord. No. 93-01 § 14-1.1; Ord. No. 2020-03]
a.
There
is hereby created in and for the Borough of Lakehurst a Police Department,
which shall be known and designated as "The Police Department of the
Borough of Lakehurst", New Jersey. This Department shall consist of
a Chief of Police and such officers as one (1) Lieutenant, two (2)
Sergeants, six (6) Police Officers (plus additional officers equal
to the vacancies in Superior Officer ranks set forth above), two (2)
Special Class II Officers, one (1) Special Class III Officer, and
three (3) Special Class I Officers. The creation of these positions
shall not require the Governing Body to fill each position and any
position hereunder established may, in the sole discretion of the
Governing Body, remain vacant.
b.
The Police
Department shall, pursuant to law, preserve the public peace, protect
life and liberty; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Lakehurst; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies and provide training for the efficiency of its members and
officers. The Police Department shall be located in the Municipal
Building in the Borough of Lakehurst, or such Police Headquarters
as established by the Borough Governing Body.
[Ord. No. 99-04 §§ Preamble,
1–4; Ord. No. 2011-07]
a.
Purpose. An ordinance to establish preferences in the hiring
of qualified resident applicants, as defined in N.J.S.A. 11A et seq
and further detailed in N.J.A.C. 4A et seq, to the position of regular
police officer of the Borough of Lakehurst based upon their place
of residence, in accordance with existing law.
b.
Classification. Prior to, and continuing through the date
of the appointment, of any duly qualified applicant for the classified
position of police officer all such applicants shall be classified
as follows:
c.
Classification of Veterans. Within each classification duly
qualified applicants who are veterans, within the meaning of N.J.S.A.
11A:5-1 et seq shall be accorded all such veterans’ preferences
as are provided by law.
1.
The classes
of qualified applicants defined in paragraph b. shall be considered
as separate and successive lists of eligibles and the Civil Service
Commission shall, when requested by the Borough to certify eligibles
for positions specified in this section, make such certifications
from the classes separately and successively, and shall certify no
persons from any such class until all persons in the preceding class
or classes have been appointed or have declined offers of employment.
2.
This
subsection shall apply only to initial appointments and not to promotional
appointments of persons already employed by the Borough.
3.
Consistent
with N.J.S.A. 52:14-7, the New Jersey First Act, every employee hired
after September 1, 2011 must be a resident of the State of New Jersey.
If an employee is non-resident prior to September 1, 2011 he/she will
be “grandfathered” and not required to move into the State
of New Jersey. Any employee who is a resident of the State of New
Jersey on September 1, 2011 and moves out of the State must obtain
an exemption to move out of the State prior to the move or face disciplinary
procedure for termination.
[Ord. No. 93-01 § 14-1.2]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The Governing
Body may also require that an applicant for appointment to the Police
Department shall successfully complete a physical, mental, and psychological
examination.
[Ord. No. 93-01 § 14-1.3]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Lakehurst; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers.
[Ord. No. 93-01 § 14-1.4; Ord. No. 2002-17; Ord. No. 2018-04]
The Mayor or his designee shall be designated as the Appropriate
Authority as provided in the New Jersey Statutes. The Mayor or his
designee shall be responsible for the overall performance of the Police
Department. The Mayor or his designee shall adopt and promulgate rules
and regulations for the government of the Police Department and for
the discipline of its members.
[Ord. No. 93-01 § 14-1.5]
No member or officer of the Police Department shall be suspended,
removed, fined, or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's rules and regulations.
[Ord. No. 93-01 § 14-1.6; New]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Governing Body for its efficiency
and day to day operations. Pursuant to policies established by the
Governing Body, the Chief of Police shall:
a.
Administer
and enforce the rules and regulations of the Police Department and
any special emergency directive for the disposition and discipline
of the Department and its members and officers;
b.
Have,
exercise, and discharge the functions, powers and duties of the Police
Department;
c.
Prescribe
the duties and assignments of all members and officers;
d.
Delegate
such authority as may be deemed necessary for the efficient operation
of the Police Department to be exercised under the Chief's direction
and control; and
e.
Report
at least monthly to the Governing Body in such form as shall be prescribed
on the operations of the Police Department during the preceding month
and make such other reports as may be requested by the Governing Body.
[Ord. No. 93-01 § 14-1.7; New]
The Governing Body may appoint special law enforcement officers
in accordance with New Jersey Statutes for terms not exceeding one
(1) year. They shall possess and exercise all the powers and duties
provided by the statutes during their term in office, but shall not
be continued as regular members of the Police Department and shall
not be entitled to tenure. The Chief of Police may authorize special
law enforcement officers when on duty to exercise the same powers
and authority as regular members of the Police Department including
the carrying of firearms, if qualified, and the power to arrest.
[Ord. No. 09-17]
Whenever the Chief of Police or his designee determines that
extra duty assignments shall be performed for a party requesting private
or quasi-public duty, the Chief of Police or his designee shall enter
into an agreement providing for extra duty assignments for which the
Borough shall be compensated at the rate set from time to time by
resolution of the Governing Body.
a.
Police
personnel assigned to this extra duty shall not be considered employees
or agents of the contractor.
b.
The party
requesting the assignment shall execute and deliver an agreement in
a form approved by the Borough Governing Body by resolution. The Chief
of Police or his designee shall be authorized to execute such agreement,
provided it has been submitted in the form approved.
c.
At the
time the executed agreement has been delivered to the Chief of Police
or his designee, the party requesting the assignment shall deposit
a sum of not less than five hundred ($500.00) dollars nor more than
ten thousand ($10,000.00) dollars based upon the estimated personnel
and equipment requirements of the project as determined by the Chief
of Police or his designee for each such assignment, which funds shall
be deposited into an escrow account with the Borough's Chief Financial
Officer. The party requesting the assignment shall, upon notice from
the Chief Financial Officer redeposit an identical sum in the event
such escrow funds are depleted. Any unused balance of the escrow shall
be returned to the party requesting the assignment within thirty (30)
days of the completion of the assignment.
d.
The Borough
shall be responsible to provide all necessary insurance coverage as
required by law, including but not limited to worker's compensation,
public liability and claims for damage for personal injury, including
death or damage to property which may arise or result from the Borough's
performance under the agreement.
e.
Officers
engaged in special duty assignments shall be deemed on-duty and shall
conform to all Police Department rules, regulations and procedures.
f.
Any and
all extra duty assignments shall be determined and approved by the
Chief of Police or his designee. The Chief of Police or his designee
may assign a police vehicle for use in performing extra duty if in
the event it is determined that the use of a police vehicle is necessary
to perform the contracted duty.
g.
All special
duty assignments shall be within the municipality, unless a mutual
aid agreement is in place, or specific approval is given by the Chief
of Police to the Officer to work outside of the municipality. If no
Municipal Police are available to work on special duty assignments
within the municipality, the Chief of Police may contact the adjoining
municipality to see if they are willing to perform such special assignment.
h.
The work
to be performed shall be considered "special assignment from independent
contractors" and will not be considered direct assignment on the job
from the Borough. The taking of any and all extra duty assignments
shall be on a voluntary basis in accordance with a system established
and administered by the Chief of Police.
i.
The Chief
of Police shall have the authority to order any Police Officer to
vacate or terminate any special duty assignment in response to emergency
situations or whenever the assignment creates an unacceptable risk
to health, safety and welfare of the Officer and/or the public in
the sole determination and discretion of the Chief of Police. The
contractor shall not be responsible for any compensation for the time
that the Officer is away from the special duty assignment and shall
have no claim for costs or damages against the municipality, the Chief
of Police, or the Police Officer arising from the termination of a
special duty assignment other than the prorated return of any costs
prepaid to the Borough or other municipality.
j.
At the
time the party submits an agreement/application to the Borough requesting
the assignment of off-duty Police Officers, a nonrefundable application
fee of one hundred ($100.00) dollars shall be submitted in addition
to any escrow funds. The amount of the application fee may be raised
or reduced by resolution of the Governing Body.
k.
In addition
to any application fee or payment for an officer an administrative
fee of thirty-five ($35.00) dollars per hour to cover municipal expenses
such as insurance, FICA, and vehicle or equipment use shall be paid
to the Borough. This fee shall also be charged for any portion of
an hour for which an officer works.
l.
Any and
all payments due under any such agreement which are in excess of any
funds deposited with the Chief Financial Officer, or the result of
an emergency action, shall be paid within fifteen (15) days from the
date of billing. Interest shall be charged at the rate of eighteen
(18%) percent per annum on any amount billed for which payment has
not been made within fifteen (15) days. The delinquent party shall
be responsible for all costs, fees and attorney's fees associated
with the collection of any amounts due.
m.
The rate
of compensation for all Officers performing extra duty assignments,
and the amount to be compensated to the Borough for such services
by the requesting party, shall be the rate established in the Police
contract. All such costs and expenses shall be the responsibility
of the requesting party.
n.
In instances
where a previous memorandum of agreement approved by the Governing
Body, or an interlocal services agreement with another municipality
specifies a different rate than above, those rates in existence shall
continue until those specific agreements have been amended.
[1]
Editor’s Note: Prior history: Ord. No. 12-15-88; Ord.
No. 90-18; Ord. No. 07-01)
[Ord. No. 2018-06]
The Lakehurst Volunteer Fire Company No. I (hereby referred
to as the Fire Department) is hereby recognized as the Fire Department
of the Borough of Lakehurst. Its members and officers are recognized
as public officials of the Borough of Lakehurst and as such, are accountable
to the Governing Body for its operations.
[Ord. No. 2018-06]
a.
The Fire
Department shall be responsible for all fire suppression activities
in the Borough and is under the direction of the Fire Chief.
b.
The Fire
Department shall interact with other local agencies and departments
(Police Department, Office of Emergency Management, First Aid Squad,
etc.) as well as County, State, and Federal agencies in order to provide
fire protection.
c.
The Fire
Department is organized under the laws of the State of New Jersey
as a non-profit corporation existing to serve the public in a public
trust. The Fire Department shall be responsible for its own organization
as deemed appropriate under the New Jersey Division of Fire Safety,
including administration, elections, training, record-keeping, financial
reporting, and social functions. It shall also keep and maintain the
building, grounds, equipment and other contents in its section of
the Emergency Services Complex.
d.
The Fire
Department shall elect its own administrative officers to conduct
such business as required to fulfill its obligations as a non-profit
corporation.
e.
All expenditures
of the funds provided by the Lakehurst Borough Council will be made
through the Borough's purchase order system
f.
It shall
be unlawful for anyone to possess or use alcoholic beverages in, on
or around the Fire Department apparatus or in, on or around the building
and grounds known as the Emergency Services Complex without the written
approval by the Governing Body. Such approval may be given for hall
rentals or for special purposes only for specific dates and hours
and with other limitations or restrictions which the Governing Body
may deem appropriate.
g.
The Fire
Department shall assist the Municipal Emergency Management Coordinator
in the establishment and updating of written plans to protect the
citizens of Lakehurst during a disaster.
h.
All fire
investigations involving loss of life, serious injury, or significant
property damage shall be investigated by the appropriate Fire Official
or his designee and the Lakehurst Police Department in compliance
with NJAC 5:18A-3.3.
i.
All Fire
Department operations shall be conducted in a manner consistent with
the intent of all provisions of the National Fire Code and standards
of the National Fire Protection Association.
[Ord. No. 2018-06]
a.
The Fire
Department shall elect its own line officers who shall be responsible
for all firematic activities in the Borough. These activities include,
but are not limited to, suppression, training, education, certification,
and apparatus maintenance. All line officers shall be Lakehurst residents.
b.
The Fire
Chief, Assistant Chief and other line officers shall be elected on
the basis of their fitness for duty, including training, certification,
education and experience. As public officials of the Borough of Lakehurst,
all line officers shall be under the direction of the Governing Body
and shall be duly sworn. Such direction shall be administrative in
nature and is not meant to grant any line authority over Fire Department
officers during Fire Department operations.
c.
The Fire
Chief shall be responsible for all Fire Department apparatus and equipment.
The Fire Chief shall make regular reports to the Governing Body on
the operations of the Department and the status of the equipment and
apparatus.
d.
The Fire
Chief shall be responsible for all training, certification, education
and the record-keeping of such documents for all members.
e.
The Fire
Chief may establish rules and regulations as necessary in order to
provide for efficient departmental operations.
f.
A copy
of the Rules and Regulations, as well as a copy of the Fire Department's
Constitution and By-Laws shall be on file with the Municipal Clerk
and updated as necessary. Additionally, each year a recall roster
and membership roster shall be provided to the Clerk. Any changes
to the roster during the year are to be promptly reported.
[Ord. No. 2018-06]
a.
Anyone
desiring to join the Fire Department shall meet the following conditions:
1.
Submission
of completed application as required by the Fire Department. Every
application shall contain a waiver authorizing the Police Department
to conduct a criminal background check from government and private
agencies. Following a successful background check, the application
must be approved by the Governing Body.
2.
All applicants
shall be a minimum of eighteen (18) years of age.
3.
All applicants
shall be a resident of the Borough of Lakehurst. Any applicant not
a resident may request a residency waiver by the Governing Body, with
justification as to why such a waiver should be granted.
4.
Filing
of any other required applications and forms with the Fire Department
President.
5.
Ability
to read and write the English language.
6.
Physical
capability of performing firefighter activities.
7.
Possession
of a valid New Jersey driver's license if assigned as a Driver-Operator.
8.
Have
no criminal misdemeanor convictions for the past three (3) years or:
if having been convicted and then incarcerated, have no criminal convictions
for the past five (5) years from the date of completion of the sentence.
For any felony convictions the term is ten (10) years. For any convictions
of a sexual nature or registration under Meghan's Law, no application
will be considered.
9.
Other
qualifications as may be required by the Lakehurst Fire Department.
b.
Any Fire
Department member who no longer complies with qualifications and/or
requirements as stated in the provisions of this ordinance shall be
suspended immediately as a member of the Fire Department. Unless an
exception is granted by the Governing Body, for extenuating circumstances,
such suspension shall be considered absolute. An exception may be
granted, depending on circumstances, only for good cause and a demonstration
that the benefits to the Fire Department and the Borough of Lakehurst
outweigh the detriment. Upon proof the deficiency has been rectified,
the individual may be reinstated by the Governing Body. Any suspension
lasting one (1) year will result in termination from the Fire Department.
Said individual may then reapply as a new member if qualifications
for new membership are met.
c.
The Fire
Department may establish its own rules and regulations for membership,
provided such rules do not conflict with the Borough Employee Handbook
regarding discriminations, code of conduct, etc.
[Ord. No. 93-02; Ord. No. 05-20; New]
a.
Appointment.
The Public Works Department Head shall be appointed by the Governing
Body and shall serve at their pleasure.
b.
Duties.
1.
Oversee
the operations of the Water-Sewer Utility and Public Works Department
of the Borough, including sanitation and the maintenance of vehicles,
roads, public buildings, and playgrounds.
2.
Control,
direct and delegate the various duties, responsibilities, and work
assignments within the department.
3.
Have
the duty of disciplining all employees under his control.
4.
Be directly
responsible to the Governing Body in connection with the establishment
of various department policies.
5.
Prepare
annual budget requests for those municipal functions under his control.
6.
Interview
all applicants for employment and have the authority to hire and promote
those employees under his direction.
7.
Attend
meetings of the Governing Body as requested.
8.
Conform
to all requirements as established in N.J.S.A. 40A:9-154.5 and N.J.S.A.
40A:9-154.6.
c.
Compensation.
The Public Works Department Head shall be paid the salary as set forth
in the annual salary ordinance.
[Ord. No. 05-20]
The Public Works Department shall perform, or supervise, all
maintenance of streets, drainage, public buildings and places, water
and wastewater, solid waste and recycling, motor vehicles, or similar
items related to the physical plant and infrastructure of the Borough
of Lakehurst.
