[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In accordance with N.J.S.A. 40A:14-118 there shall be a Department
of Police, the head of which shall be the Police Chief. The Police
Chief shall be appointed by the Township Committee in such manner
as shall be approved by the New Jersey Civil Service Commission. Appointments
shall be made from among the candidates on a certification of eligibles
for appointment listing for the position of Police Chief resulting
from an examination administered by the New Jersey Civil Service Commission,
which candidates shall be sound in body and in good health as determined
by the Township Physician after physical examination of the candidates.
The training experience requirements for appointment to the position
of Police Chief shall be determined by the Township Committee in conjunction
with the New Jersey Civil Service Commission.
The Police Chief shall supervise, manage and direct all operations
and activities of the Department and shall be responsible for its
proper and efficient conduct. The Police Chief shall devote a minimum
of 40 hours per week to the performance of duties and shall devote
such additional time as may be required for the proper performance
of duties. The Police Chief's duties shall include, but not be limited
to, those set forth in N.J.S.A. 40A:14-118, and the following:
A. Enforcement of all laws, state
and federal, and all Township ordinances pertaining to the safety
of the public;
B. Enforcement within the Department
of all rules and regulations of the Department, including general
orders, special orders, personnel orders, and rules of standard operating
procedure, not inconsistent with this Township Code or other controlling
laws, which the Police Chief shall promulgate and revise from time
to time as the Police Chief may deem necessary;
C. Recruitment of candidates and
recommendation of appointment of same by the Township Committee to
positions within the Department, including appointments or promotions
to positions of higher rank. Appointments or promotions shall be made
by the Township Committee in accordance with applicable rules of the
New Jersey Civil Service Commission and other applicable state statutes
and Township ordinances and regulations;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Make recommendations as to the
termination or dismissal of Department employees in accordance with
State Civil Service Commission rules and regulations and other applicable
state statutes and Township ordinances and regulations;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Make recommendations as to the
cause for disciplinary action against personnel of the Department
and determination of the nature and extent of the disciplinary action
to be taken. Disciplinary action, when necessary, shall be in accordance
with State Civil Service Commission rules and regulations and other
applicable state statutes and Township ordinances and regulations;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F. Planning, organization, assignment,
direction and evaluation of all Police Department activities and operations
with respect to personnel, equipment and buildings;
G. Initiation of annual Police Department
budget estimates and recommendations, to be submitted to the Administrator
and Township Committee;
H. Supervision and control of expenditure
of funds within the adopted Police Department budget;
I. Direction of and participation
in the training of subordinates in the law and in the techniques and
procedures of the various law enforcement functions;
J. Maintenance of all departmental
records and property, including financial and payroll records and
such records and property as may come into the Department's custody;
K. Have overall responsibility for
the protection of lives and property in the Township and for the organization
and direction of all departmental activities;
L. Inform the Administrator regularly
of all matters concerning the activities and operations of the Department.
The Police Chief shall submit reports of such activities and operations
to the Administrator and the Township Committee as may be requested
and in such a form as may be prescribed by the Township Committee
or the Township Administrator. In addition, the Police Chief shall
provide technical public safety information to the Township Committee,
Planning Board and other departments when required;
M. Providing assistance to other
Township departments or officials as may be necessary for the proper
functioning of the Township government;
N. Performance of such other duties
and responsibilities, relating to the proper operation of the Police
Department and the safety of the public.
The salaries of all members of the Department of Police shall
be as provided in the Salary Ordinance of the Township.
[Amended 5-10-2004 by Ord. No. 2004-12; 8-10-2020 by Ord. No. 2020-14]
A. The Township of Bordentown authorizes
the use of special law enforcement officers to assist the regular
Police Department in the performance of its duties and responsibilities
subject to the eligibility criteria and limitations set forth in the
Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq.,
and further subject to the Bordentown Police Department Rules and
Regulations incorporated herein. No special law enforcement officers
shall be appointed to any term exceeding one year.
B. Special law enforcement officer
(SLEO) shall mean any person appointed annually by the governing body
pursuant to N.J.S.A. 40A:14-146.8 et seq. to temporarily or intermittently
perform duties similar to those performed regularly by members of
a municipal police department, or to provide assistance to a police
department during unusual or emergency circumstances, and to provide
security in a school system within Bordentown. Nothing here in shall
be construed to require reappointment at the expiration of the term.
C. No special law enforcement officer,
by virtue of the officer's appointment as such, shall be or become
a regular member of the Police Department.
D. Special law enforcement officers
shall be at-will part-time employees assigned for not more that the
number of hours prescribed by applicable provisions of the Special
Law Enforcement Officers Act, except that, pursuant to N.J.S.A. 40A:14-146.16,
the Township may designate one special law enforcement officer to
whom the limitation on hours employed shall not apply. Special law
enforcement officers can be terminated for cause after adequate hearing
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing.
E. The number of SLEO Class II officers
employed by the Bordentown Police Department shall not exceed 25%
of the total number of regular police officers pursuant to N.J.S.A.
40A:14-146.17.
F. Every special law enforcement
officer, while on duty, shall abide by the Police Department Rules
and Regulations and those policies, general order or standard operating
procedures established by the Chief of Police.
G. No person shall be appointed as
a special law enforcement officer unless the person meets the criteria
of N.J.S.A. 40A:14-146.10, including but not limited to the provision
that the person:
(1) Is legally permitted to work in the United States.
(2) Is a resident of the State of New Jersey during
the term of appointment.
(3) Is at least 18 years of age.
(4) Shall possess and maintain a valid New Jersey driver's
license.
(5) Shall be able to read, write and speak the English
language well and intelligently and have a high school diploma or
its equivalent.
(6) Shall be sound in body and of good health and be
able to perform the physical functions of the duties assigned.
(7) Shall be of good moral character and shall not
have been convicted of any crime or offense involving moral turpitude
(dishonesty) or a crime or offense that would render the officer unfit
for duty.
(8) Shall successfully undergo the same psychological
testing that is required of full-time police officers.
(9) Additionally, SLEO III personnel:
(a) Must be retired law enforcement
officers who are less than 65 years of age. For the purposes of this
subsection, a law enforcement officer shall not be considered retired
if the officer’s return to employment violates any federal or
state law or regulation, which would deem the officer’s retirement
as not being bona fide;
(b) Must have served as a duly
qualified, fully trained, full-time officer in any municipality or
county of this state or as a member of the New Jersey State Police
and was separated from that prior service in good standing, within
three years of appointment. "Good standing" means to exclude a retirement
resulting from injury or incapacity.
(c) Must be physically capable
of performing the functions of the position, determined in accordance
with PTC guidelines.
(d) Must possess a valid New
Jersey PTC basic police officer certification or New Jersey State
Police Academy certification.
(e) Must be hired only in a
part-time capacity.
H. Classification of special law
enforcement officers/duties.
(1) SLEO Class I Officers shall be authorized to perform
routine traffic detail, spectator control and similar duties. If authorized
by ordinance or resolution, as appropriate, Class I officers shall
have the power to issue summonses for disorderly persons and petty
disorderly persons offenses, violations of municipal ordinances and
violations of Title 39 of the Revised Statutes. The use of a firearm
by an officer of this class shall be strictly prohibited, and no Class
I officer shall be assigned any duties which may require the carrying
or use of a firearm.
(2) SLEO Class II (SLEO II) are authorized to perform
all duties of regular full-time police officers subject to the authorization
of the Chief of Police.
(a) SLEO II are authorized
to carry firearms and must qualify and demonstrate proficiency with
the same frequency as regular police officers.
(b) SLEO II are authorized
to carry designated mechanical and enhanced mechanical force weapons
while on duty and must qualify and demonstrate proficiency with the
same frequency as regular police officers.
(c) SLEO II are authorized
to utilize handcuffs and other restraining devices consistent with
this Department’s policies and only after demonstrating proficiency
in the use of these devices.
(d) SLEO II have the power
of arrest and the authority to issue summonses and uniform traffic
tickets the same as regular full-time police officers. SLEO II can
enforce crimes, disorderly person offenses, petty disorderly person
offenses and Township ordinances.
(3) SLEO Class III (SLEO III) are authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer while providing security at a public
or nonpublic school premises while occupied by the public or nonpublic
school students and/or its staff.
(a) SLEO III are authorized
to carry a handgun and must qualify and demonstrate proficiency with
the handgun and any other authorized firearms with the same frequency
as regular police officer but must first comply with the requirements
of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer
to carry a handgun.
(b) SLEO III are authorized
to carry designated mechanical and enhanced mechanical force weapons
while on duty and must qualify and demonstrate proficiency with the
same frequency as regular police officers.
(c) SLEO III are authorized
to utilize handcuffs and other restraining devices consistent with
this Department’s policies and only after demonstrating proficiency
in the use of these devices.
(d) SLEO III are not eligible
for health care benefits or enrollment in any state-administered retirement
system.
(e) Specific SLEO III duties
are contained within the Police Department Rules and Regulations.
I. The Township Committee shall make appointments upon
recommendation by the Chief of Police or the Chief of Police's designee.
The Chief of Police or the Chief of Police's designee shall certify
the eligibility and qualifications of all applicants, in writing,
to the Township Committee prior to appointment.
[Amended 5-10-2004 by Ord. No. 2004-12; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Every uniformed member of the Department of Police shall be
responsible for enforcement of all laws and ordinances within the
jurisdiction of the Department. Each member shall perform the duties
of the member's official title as enumerated herein, and shall perform
such other duties as are prescribed by rules and regulations of the
Department, the New Jersey Civil Service Commission, and assigned
by an immediate superior.
A. The Police Chief shall have and
exercise the following authority and shall perform the following duties:
(1) Command the police force and
all working special law enforcement officers; establish work schedules,
determine beats and shifts and make work assignments;
(2) Supervise all police lieutenants;
(3) Supervise all civilian employees
of the Department;
(4) Instruct and direct all members
of the Department, including all working special law enforcement officers,
as to their duties, and ascertain that all such duties are properly
performed and all rules and regulations strictly complied with; maintain
a high degree of efficiency within the Department and among working
special law enforcement officers;
(5) Supervise effective programs
for streetlighting, signing and traffic control to ensure vehicle
and pedestrian safety; supervise the enforcement of all motor vehicle
laws; supervise the surveillance of traffic conditions within the
Township; make appropriate recommendations to the proper authorities
to correct or alleviate traffic problems;
(6) Organize and develop a safety
program for school children and for organizations within the Township;
attend meetings and public gatherings to explain safety activities
and functions, and to elicit citizen support of police safety projects;
plan and supervise programs of accident prevention in the community;
(7) Respond to the scene of all
major criminal activity and supervise the investigation or action
to be taken; be responsible for the activities in police investigation,
vice control and any other crime activity within the Township; compile
accurate crime statistics for evaluation and uniform crime reporting;
maintain proper crime files; plan and supervise programs for crime
prevention in the community;
(8) Perform such other duties
and responsibilities relating to the proper operation of the Police
Department and the safety of the public.
B. Each Police Lieutenant shall have
and exercise the following authority and perform the following duties:
(1) Supervise such Police Sergeants
and other members of the Department as are assigned to the Police
Lieutenant;
(2) Report to the Police Chief
with such frequency as the Chief shall require;
(3) The Captain shall be next
in command to the Police Chief, and shall assume the authority and
duties of the Chief in the event of the absence or disability of the
Chief.
C. Each Police Sergeant shall have
and exercise the following authority and perform the following duties:
(1) Supervise all police officers
and special law enforcement officers as are assigned to the Sergeant
and serving on the same shift, and issue necessary instructions and
directions to them;
(2) Carry out orders of the Police
Lieutenants and the Chief.
D. Each police officer shall have
and exercise the following authority and perform the following duties:
(1) Carry out orders, both verbal
and written, of all superior officers;
(2) Bear responsibility in all
actions for the protection of life and property, and for the health,
safety, welfare, and general well being, of the citizens and residents
of the Township.
E. The Captain may be appointed by
the Township Committee as Acting Police Chief when the Police Chief's
position is vacant, or in the event that, by reason of absence, illness
or other causes, the Police Chief should be temporarily unable to
perform the duties of the office. The Captain, when authorized, shall
serve in the capacity of Acting Police Chief without additional compensation.
In addition:
(1) A Police Lieutenant, when
so ordered by the Police Chief, shall temporarily have the authority
and perform the duties of the Police Chief, and if no Police Lieutenant
should be able to act, a Police Sergeant, when so ordered by the Chief,
shall temporarily have the authority and perform the duties of the
Chief.
(2) A Police Sergeant, when so
ordered by the Police Chief, shall temporarily have the authority
and perform the duties of a Police Lieutenant.
(3) A police officer, when so
ordered by the Police Chief, shall temporarily serve as a Police Sergeant;
and in the event such designations shall not have been made prior
to the beginning of a regular shift or tour of duty, the uniformed
police officer on duty during such tour of duty and who has the longest
record of police service in the Township shall serve as Police Sergeant
during such tour of duty.
F. If the position of Captain should be vacant, then
the next in command to the Police Chief shall be the most senior Police
Lieutenant.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Township Committee shall promulgate and adopt by ordinance
rules and regulations governing the conduct of police officers and
civilian employees of the Department, defining personnel procedures,
and providing procedural guidance for members of the Department in
carrying out the duties imposed upon them by law.
[Added 4-27-2020 by Ord. No. 2020-11]
A. Purpose. The purpose of this section is to set forth
guidelines to govern the employment of Bordentown Township police
officers for extra-duty details within the Township of Bordentown
and which extend beyond their regular assigned duties and responsibilities.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
EMPLOYER
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of Bordentown
Township.
EXTRA DUTY
Any outside employment when a police officer is not scheduled
for a shift of duty by the Bordentown Township Police Department and
that calls for actual or potential use of law enforcement powers by
the police officer.
C. Any person or entity wishing to receive police services may arrange to receive such services within the Township and those neighboring municipalities participating in the current shared service agreement for police services in accordance with the procedure set forth in Subsection
I below. 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 Bordentown and as such shall administer all activities pursuant to this section.
D. Minimum time of assignments; cancellation.
(1) All assignments shall be a minimum of four hours.
(2) Cancellation of an assignment must be made with
no less than two hours' notice. Notice of cancellation received less
than two hours prior to the assignment start time shall subject the
employer to minimum compensation of two hours' pay for all officers
scheduled for the first two hours of service.
E. All police officers providing extra-duty services
pursuant to this section shall be considered "on duty" and will function
under the supervision of the Chief of Police. The Bordentown Township
Police Department and its employees will maintain all employment rights
while assigned to work extra-duty assignments. Employees working extra-duty
assignments will be held to their normal standard of conduct and are
subject to disciplinary action for any violation of the rules and
regulations.
F. 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
Bordentown Township Police Department shall be subject to discipline.
G. Wages. Wages earned for outside extra-duty employment
by any Bordentown 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 Bordentown.
H. 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 Bordentown Township
Committee members, Bordentown 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
Bordentown Township police officer in performing the extra duty subject
to said employer's agreement with Bordentown Township or in connection
with or arising out of that agreement between said employer and the
Township of Bordentown or Bordentown Township Police Department for
such extra-duty assignment.
I. 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 a private vendor contracted by the Police Department to manage
all scheduled extra-duty services of the Police Department. Such persons
should notify the Chief of Police or designee, in writing, of the
specific nature of the services desired at least 72 hours 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 Bordentown and as such shall administer all activities pursuant
to this section.
(2) All police services within the Township of Bordentown
shall be delivered by officers from the Bordentown Police Department.
If the Chief of Police determines that the demand cannot be met by
the Bordentown Police Department, the Chief of Police 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. This contract will
be managed by a private vendor contracted by the Police Department
to manage and schedule extra-duty services. The agreement shall specify,
at a minimum, the following:
(a) The scope of services to
be provided, including a properly prepared and completed work zone
safety plan in compliance with MUTCD and Township work zone regulations;
(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 hours needed; and
(e) The anticipated date when
the need for police services will be completed.
(4) The Police Department will, in an effort to save
costs, contract with a private company to manage extra-duty services
and bill for the services provided.
J. Payment for extra-duty police services.
(1) A private vendor contracted by the Police Department
shall be responsible for generating bills for all extra-duty police
services rendered.
(2) All fees for extra-duty police services will be
collected by the vendor contracted by the Police Department to manage
the extra-duty services and deposited with the Bordentown Township
Finance Department.
(3) The fee shall consist of a special hourly rate,
agreed upon by the Township and the recognized collective bargaining
unit, 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,
as well as administrative fees charged by the vendor contracted by
the Police Department; this fee will be charged by the company who
will manage and schedule the extra-duty services. All payments for
such services shall be collected by the private vendor and paid to
the Township of Bordentown.
(4) Upon completion of each extra-duty work assignment,
the company contracted by the Police Department to manage extra-duty
services shall cause a summary of the extra-duty assignment(s) to
be forwarded to the Township Finance Department to facilitate payment.
Upon receipt of proof of extra-duty police services, the Township
shall disburse payment to those officers who worked the extra-duty
assignments. Payment will be based upon the established officer's
hourly rate plus an officer prep fee agreed upon by the Township and
the recognized collective bargaining unit. Payment for extra-duty
work assignments shall be made to the officers at the next available
pay period.
K. 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.