Editor's Note: Prior ordinance history includes portions
of prior 1991 Code §§ 37-1-31-4, 37-6-37-8, 37-10-37-14,
37-16 and Ordinance Nos. 94-7, 94-12, 19-1994.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03; Ord. No. 2024-11]
A.
Establishment. The Borough Council, as the governing body of the
Borough of Hightstown, hereby creates and establishes, pursuant to
N.J.S.A. 40A:14-118, as an executive and enforcement function of municipal
government, a police force which shall be known as the Police Department
of the Borough of Hightstown (referred to herein as the "Police Department").
The Police Department shall be governed by the applicable laws of
the State of New Jersey, this article of the Hightstown Borough Code,
other applicable ordinances of the Borough, and rules and regulations
adopted pursuant thereto.
B.
Composition. Under the supervision of the Chief of Police, the composition of the Police Department shall be as follows: a maximum of one lieutenant, a maximum of two sergeants, a maximum of 12 patrol officers, and any civilian personnel as deemed appropriate by the Borough Council. In addition to the regular members of the Police Department, the Borough may not exceed two Class One special law enforcement officers and Class Two special law enforcement officers in an amount not to exceed 25% of sworn officers, pursuant to N.J.S.A. 40A: 14-146.8, et seq., and § 2-19-18 below.
C.
Chain of Command. All necessary orders and directives for the management
and regulation of the Police Department shall be given through the
chain of command. The chain of command shall be as follows:
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2016-03]
The Borough Administrator shall serve as the Appropriate Authority pursuant to N.J.S.A. 40A:14-118. Notwithstanding any other provision of this article or any police rules and regulations, the Appropriate Authority shall, in addition to the other duties permitted by N.J.S.A. 40A:14-118, conduct hearings in connection with minor discipline of police officers in accordance with § 2-19-15.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord. No. 2024-11]
The Mayor shall, as soon as possible after the organization
of the Council each year in January, name one of the members of the
Council as Police Department Liaison, who shall also be known as the
Police Commissioner. The Police Commissioner shall act as liaison
between the Borough Council and the Police Department, with the assistance
of the Borough Administrator, as needed. In the event of any vacancy
in the office of Police Commissioner which the Mayor has not filled
within 30 days, the Borough Council shall have the authority, by majority
vote, to designate a Council Member to serve as Police Commissioner
for the duration of that calendar year.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2016-03; Ord.
No. 2024-11]
A.
Duties and Responsibilities. The Chief of Police shall be the executive
head of the Department, and shall have complete authority regarding
the day-to-day operations of the Police Department. The Chief shall
consult and cooperate with the Borough Administrator, as the Appropriate
Authority. The operations for which the Chief shall be responsible
shall include but not be limited to the following:
(1)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
(2)
Have, exercise and discharge the functions, powers and duties of
the force.
(3)
Prescribe the duties and assignments of all subordinates and other
personnel in the Department.
(4)
Delegate such of his authority as the Chief may deem necessary for
the efficient operation of the force to be exercised under his direction
and supervision.
(5)
Report monthly to the Borough Council in such form as shall be prescribed
by the Council on the operation of the force during the preceding
month, and make such other reports as may be requested by the Council
or on its behalf by the Borough Administrator or Police Commissioner.
B.
Acting Chief. In the temporary absence or disability of the Chief
of Police, the Chief shall appoint on a temporary basis one of the
senior officers of the Department who will act in place of the Chief
under the title of "Acting Chief," this title to be used only for
the duration of the temporary appointment. The Chief shall notify
the Borough Administrator in writing of any such temporary appointment.
C.
Department Equipment. The Chief of Police shall recommend to the
Borough Administrator from time to time the purchase of new equipment
or the repair or rearrangement of such old equipment as will improve
the Department. The Chief shall have full charge and control of all
apparatus of the Department and its assignment and use, and shall
be held responsible for its care, cleanliness and safe keeping.
D.
Qualifications of the Chief of Police. Selection and evaluation of
the individual to be appointed Chief of Police shall be based upon
the following criteria, and the requirements of New Jersey law:
(1)
Demonstrated possession of a thorough knowledge of the principles
and practices of modern police and emergency management administration,
modern police science and crime prevention, and the ability to command
the respect of officers and support staff and to plan, assign, direct,
supervise and evaluate their performance.
(2)
Ten years of police experience as a member of a police department
or force, including supervisory experience.
(3)
Education, at a minimum, must consist of a high school diploma or
accredited equivalent. Postsecondary courses and degrees are desirable
and will be considered in the selection process.
(4)
Residence within the State of New Jersey and within a radius of 60
miles of the Borough of Hightstown.
(5)
Receipt of a satisfactory grade on any qualifying examination for
the office of Chief as may be selected by the Borough Council.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2016-03; Ord.
No. 2024-11]
A.
The Chief of Police shall take all appropriate and necessary steps
to make sure that the Police Department shall:
(1)
Preserve the public peace, protect life and property and prevent
crime; detect and arrest offenders against the penal laws and ordinances
effective within the Borough; suppress riots, mobs and insurrections;
disperse unlawful or dangerous assemblages; and preserve order at
all elections, public meetings and assemblages.
(2)
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons, protect the safety
and facilitate the convenience of motorists and pedestrians and make
and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
(3)
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate department.
(4)
Provide proper police attendance and protection at fires and emergencies.
(5)
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
(6)
Operate training programs to maintain and improve police efficiency
of the members of the Department.
B.
All police officers and employees shall, at all times, while holding
office or appointment under the authority of this article, whether
on or off duty, abide by the Constitutions of the United States and
of the State of New Jersey.
C.
All police officers and employees shall, at all times, while holding
office or appointment under the authority of this article, whether
on or off duty, show abiding respect for government by complying with
all laws, statutes, codes, ordinances, rules and regulations, including
those of the State of New Jersey, the Hightstown Police Department
and the Borough of Hightstown.
D.
All police officers shall, at all times, while holding office or
appointment under the authority of this article, whether on or off
duty, conduct themselves as police officers in accordance with their
oath of office.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2016-03]
A.
The Borough Council shall have the power, by resolution, to adopt
such rules and regulations for the government and discipline of the
Police Department as are not inconsistent with New Jersey law or this
article. The Chief of Police shall have the power to adopt such additional
rules, regulations, procedures and orders as shall be deemed necessary
by him to promote the efficiency of the Department. Any such rule,
regulation, procedure or order of the Chief of Police shall be sent
immediately to the Borough Administrator and to the Borough Council,
and they may be modified or annulled by resolution or motion of the
Borough Council.
B.
Such rules, regulations, procedures and orders shall be binding upon
each member and civilian employee of the Police Department, and copies
shall be made available by the Chief of Police for all such members
and employees.
C.
Within five days after the promulgation of any rule, regulation,
procedure or order, same shall be posted by the Police Chief or designee
in the Police Department and a copy shall be made available to each
member of the Department and to each civilian employee of the Department,
all of whom shall acknowledge receipt of same on a form supplied by
the Chief.
The Borough Council may decrease the force for reasons of economy
and/or efficiency. In accordance with N.J.S.A. 40A:14-143, the Council,
if it shall deem necessary for reasons or economy and/or efficiency
decrease the number of members and officers of the Police Department
or force or grades or ranks. In case of demotion from the higher ranks,
the officers or members to be so demoted shall be in inverse order
of their appointment. Any member or officer who is demoted by reason
of such decrease shall be placed on a special employment list, and
in the case of subsequent promotion or hiring, a person demoted shall
be reinstated to the original rank, if it exists, and in case of termination
of service and a new appointment, prior consideration shall be given
to the persons on said special employment list.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03; Ord. No. 2024-11]
A.
Application. Any applicant for the position of police officer shall
make written application therefor, on forms supplied by the Borough,
to the Chief of Police, and at the same time shall submit such proofs
as shall be required with respect to the qualifications as set forth
in said application. Every such application shall be signed and sworn
by the applicant. No applicant shall be appointed to the position
of probationary police officer within the Police Department until
after the applicant is fingerprinted and said fingerprints are filed
and investigated with the New Jersey State Police and the Federal
Bureau of Investigation. 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. Every person who shall have made an application to be
appointed a police officer shall undergo a physical and psychological
examination by a physician hereinbefore specified after the initial
application and interview process and after a conditional offer or
employment.
B.
Procedure for Evaluation and Appointment of Patrolman. Applications
shall be reviewed by the Borough Administrator and Police Chief, and
selected candidates shall be interviewed by the Police Committee consisting
of the Borough Administrator, Police Chief, Mayor, and Police Commissioner,
with the Police Commissioner serving as the Chair, and making recommendations
to the Borough Council. The Borough Administrator and Police Chief
reserve the option of mandating applicants to pass a written examination
prior to the interview process, whereby the top written scoring applicants
are interviewed. Said Police Committee shall then recommend a name
or names to the Council, which may determine to conduct interviews
itself prior to confirming employment. In either case, no member of
the Police Department shall be appointed prior to consideration by
the Council and formal appointment by resolution of the Council.
C.
Probationary Appointment.
(1)
No person shall be appointed as a permanent member of the Borough
Police Department prior to demonstrating an aptitude for police employment
in the Borough of Hightstown for a period of one year, during which
time said person shall be known as a probationary police officer.
During the probationary period, the appointment as a police officer
shall be subject to revocation at any time for any cause and without
any hearing. The probationary period may be extended by the Chief
of Police to a maximum of an additional six months. In particular,
no person shall be eligible or qualified to be appointed as a probationary
police officer unless at the time of his/her appointment:
(a)
She/he shall be a citizen of the United States and resident
of the State of New Jersey.
(b)
She/he shall not be less than 21 years of age and shall be sound
in body and of good health sufficient to satisfy the Board of Trustees
of the Police and Firemen's Retirement System of New Jersey as
to her/his eligibility for membership in the retirement system. Age
shall not be considered in the promotion of any officer to a higher
rank.
(c)
She/he shall demonstrate the ability to read and write the English
language intelligently.
(d)
She/he is of good moral character and shall not have been convicted
of a crime or disorderly persons offense that, in the judgment of
the Borough Council, would be prejudicial to the morale or the reputation
of the Police Department.
(e)
She/he must successfully pass the required physical fitness
examination, drug and alcohol screening, psychological examination
administered by a physician or laboratory of the Borough's choosing
and be a successful graduate of a certified police academy as she/he
may be assigned by the Borough. Any drug screening, psychological
or medical examination or physical fitness examination shall be conducted
after a conditional offer of employment or promotion has been made
by the Borough.
(f)
She/he is a holder of a valid New Jersey driver's license.
(g)
She/he has obtained and continues to hold the required license
for law enforcement officers in the State of New Jersey.
(h)
Education, at a minimum, must consist of a high school diploma
or accredited equivalent. Postsecondary courses and degrees are desirable
and will be considered in the selection process.
(2)
For purposes of this section, the probationary period for any police
officer shall be for a period of one year following the candidate's
graduation from a police academy, or if the candidate has prior police
experience, said probationary period shall be for one year from the
date of employment or from the date of the successful completion of
any police refresher courses required to be taken as a condition of
employment, whichever shall occur last. Candidates for and members
of the Police Department shall have all other qualifications prescribed
by law.
(3)
Probationary employees will be evaluated on a regular basis throughout
the entire period of their probation in an effort to determine their
suitability for continued employment. Probationary employees will
be advised of their progress and counseled when necessary in an effort
to correct any deficient performance or behavior.
(4)
Upon the completion of the probationary period, the Chief of Police
shall recommend the officer for permanent appointment or dismissal
by the Borough Council. If the officer is made permanent, the officer
shall be subject to the provisions of New Jersey law with respect
to discipline and removal. Such recommendation shall be set forth
in a written report along with the Chief's observations and findings
leading to such recommendation. These recommendations shall be submitted
to the Appropriate Authority no later than 10 days prior to the end
of the probationary employee's period of probation. Nothing herein
shall prohibit the Chief of Police from submitting such recommendation
at any time during the employee's probationary prior when such employee
demonstrates that he/she does not possess the qualities and abilities
to competently perform the duties of Borough police officer. Prior
to achieving permanent status, probationary members shall not be considered
as regular or permanent members of the Department.
(5)
The Borough Council may terminate a probationary employee at any
time during or at the end of the probationary period, or affirm the
retention of the candidate as a permanent member of the police force.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03]
Police uniforms shall be furnished to all regular or permanent
members of the Borough Police Department and shall, at all times,
be and remain the property of the Borough. Upon separation from service
for any reason whatsoever, all uniforms and other equipment and accessories
furnished by the Borough shall be promptly returned to the Police
Chief.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03; Ord. No. 2019-03; Ord. No. 2024-11]
No person shall be appointed as a regular or permanent member
of the Police Department unless that person is qualified in accordance
with the requirements of N.J.S.A. 40A:14-122 and the age requirements
set forth in N.J.S.A. 40A:14-127 et seq. In particular, no person
shall be eligible or qualified to be appointed as a regular or permanent
police officer unless, at the time of his/her appointment:
A.
She/he shall be a citizen of the United States and resident of the
State of New Jersey.
B.
She/he shall not be less than 21 years of age and shall be sound
in body and of good health sufficient to satisfy the Board of Trustees
of the Police and Firemen's Retirement System of New Jersey as to
her/his eligibility for membership in the retirement system. Age shall
not be considered in the promotion of any officer to a higher rank.
C.
She/he shall demonstrate the ability to read and write the English
language intelligently.
D.
She/he is of good moral character and shall not have been convicted
of a crime or disorderly persons offense that, in the judgment of
the Borough Council, would be prejudicial to the morale or the reputation
of the Police Department.
E.
She/he must successfully pass the required physical fitness examination,
drug and alcohol screening, psychological examination administered
by a physician or laboratory of the Borough's choosing and be a successful
graduate of a certified police academy as she/he may be assigned by
the Borough. Any drug screening, psychological or medical examination
or physical fitness examination shall be conducted after a conditional
offer of employment or promotion has been made by the Borough.
F.
She/he is a holder of a valid New Jersey driver's license.
G.
She/he has obtained and continues to hold the required license for
law enforcement officers in the State of New Jersey.
H.
Education, at a minimum, must consist of a high school diploma or
accredited equivalent. Postsecondary courses and degrees are desirable
and will be considered in the selection process.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03]
A.
Findings of Fact. The Borough Council specifically finds that requiring
all regular or permanent police officers to be residents of the Borough
would seriously impede its ability to establish and maintain competent
personnel for its Police Department and would be in violation of N.J.S.A.
40A:14-122.1.
B.
Preference in promotions shall be given to residents in accordance
with N.J.S.A. 40A:14-122.6, but also shall be based on merit and fairness.
C.
Residency in State. Every regular or permanent member of the Police
Department shall be a resident of the State of New Jersey in accordance
with N.J.S.A. 40A:14-122.8.
[Ord. No. 2016-03]
Candidates for the position of Chief of Police shall participate
in a promotional procedure administered by the reviewing committee.
The reviewing committee, which shall be made up of the Administrator,
Police Commissioner, and Mayor, his/her designees and the current
Chief of Police (unless there has been no chief or the Chief is involved
in pending discipline or litigation with the Borough) shall consider
the following: the candidates' knowledge of criminal law and procedure,
police science and police administration, leadership and management
ability, general knowledge of Borough's local government and N.J.S.A.
40A:14-118, the candidates' poise, alertness, ability to communicate
clearly and effectively, ability to effect good working and public
relations, and moral character. To be considered for the position
of Chief of Police, the candidates must be serving as Borough Lieutenant
or Sergeant.
[Ord. No. 2016-03; Ord. No. 2024-11]
A.
The Borough Council desires to promote the most qualified candidates
to positions of higher rank. This section establishes the eligibility
requirements and the process for promotion to all higher ranks. The
promotion process shall be on the basis of merit, experience, education,
demonstrated ability and competitive examinations. In accordance with
N.J.S.A. 40A:14-129, promotion of any officer shall be made from the
membership of the Department. No person shall be eligible for promotion
unless he or she shall have served as a full-time police officer in
the Hightstown Borough Police Department for a period of three years
(N.J.S.A. 40A:14-130).
B.
Upon receiving instructions from the Borough Council, the Chief of
Police shall announce the promotional process to members of the Department
at least 45 days before a written test is to be given and at least
15 days before a written submission is to be submitted. The announcement
shall be posted in common areas of the Department accessible to all
members. The announcement shall contain, at a minimum, the rank to
be filled, the dates of the exams, source materials or reading lists
from which exam questions will be taken or topics from which questions
will be formulated. Candidates who qualify shall notify, in writing,
the Chief of Police of his or her interest in taking the examination
by submitting a letter of interest no later than 10 calendar days
after the promotion announcement. Failure to do so shall render the
officer ineligible to participate in the process.
C.
Where two or more candidates are ranked equally pursuant to the promotional
procedure set forth herein, preference shall be given to the candidate
with the most seniority in service pursuant to N.J.S.A. 40A:14-129,
or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.
D.
The Borough Council shall appoint the reviewing committee for departmental
promotions, which shall, at a minimum, consist of the Chief of Police,
Administrator, Police Commissioner, and Mayor.
E.
Promotion Testing Procedures. The promotion testing procedure shall
consist of a written examination (and/or narrative) and an oral examination
in which all candidates will be given the same questions, a review
of the candidates' service record, education, merit and experience.
(1)
Written Examination. The written test shall be supplied by a
professional testing company, professional law enforcement organization
or such other written examination approved by the Chief of Police.
The top five scoring candidates shall then proceed to the Oral Examination.
(2)
Oral Examination.
(a)
Candidates shall be notified, in writing, of their successful
or unsuccessful completion of the written portion of the exam by the
Chief of Police or his/her designee.
(b)
The oral examination shall take place after the receipt of the
written examination scores.
(c)
The Oral Examination with the Chief of Police shall focus on
leadership and management skills, knowledge of Borough's form of government,
knowledge of the Police Department Ordinance, familiarity with municipal
budget process and knowledge of N.J.S.A. 40A:14-118. The Reviewing
Committee shall grade each candidate on a one-hundred-point scale.
The Chief of Police and/or his designee (excluding Chief interviews)
shall be present at this step.
(d)
The top three scoring candidates of the written and oral examination
shall then proceed to the record review portion of the examination.
F.
The review committee shall rank each candidate based on the total
score. The list shall include the candidates' names and the final
scores of the top three candidates who are eligible for the promotion.
The Borough Council shall then appoint from the top three to fill
the promotional position.
G.
Eligibility for Testing. All candidates for promotion to Sergeant
must have served three years with the Borough as full time police
officers by the date of the written test in order to be eligible to
participate in the promotional process. All candidates for promotion
to Lieutenant must have served one year with the Borough as a Sergeant
by the date of the written test in order to be eligible to participate
in the promotional process.
H.
Probationary Period for Promoted Officers.
(1)
All officers promoted to a higher rank will serve a one-year
probationary period during which time the officer will be evaluated
on a monthly basis to ensure the officer has the requisite skill set
to perform the duties of the position to which he/she has been promoted.
At the sole discretion of the Chief of Police, the probationary period
may be extended by six months.
(2)
The Chief of Police shall make a recommendation to the Borough
Council concerning the suitability for the transition from probationary
status to regular status for each newly promoted officer. Such recommendation
shall be set forth in a written report along with the Chief's observations
and findings leading to such recommendation. These recommendations
shall be submitted to the Appropriate Authority and the Borough Council
no later than 10 days prior to the end of the probationary period.
Nothing herein shall prohibit the Chief of Police from submitting
such recommendation at any time during an officer's probationary period
when such officer demonstrates that he/she does not possess the qualities
and abilities to competently perform the duties of the position to
which the officer has been promoted.
[Ord. No. 1998-7; Ord. No. 2016-03]
Each member of the Police Department shall, before entering
upon the performance of official duties, take and subscribe an oath
to bear true faith and allegiance to the government established in
this Borough and this State, to support the constitutions of the United
States of America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of office, which oath
or affirmation shall be filed with the Clerk.
[Ord. No. 1998-7; Ord. No. 2000-04; Ord.
No. 2011-10; Ord. No. 2016-03; Ord. No. 2024-11]
A.
The Chief of Police is responsible for issuing major or minor discipline.
The Chief of Police shall serve or cause to be served upon the member
of the Police Department a signed copy of the complaint and/or charges
against the member, along with a written notice that a disciplinary
hearing, for suspension or termination, shall be scheduled no sooner
than 10 days nor later than 30 days after the notice is personally
served upon him or her. The Appropriate Authority or an appointed
hearing officer, and the member, themselves or through their representatives,
if any, may agree to reasonable postponements. The Chief of Police
may impose an oral or written reprimand without formal charges or
hearing. The officer shall have the right to challenge the reprimand
through the negotiated grievance procedure contained in the applicable
collective negotiations agreement.
B.
Minor discipline, which includes a suspension of five days or less,
may be heard and determined before and by the Appropriate Authority,
or through the grievance procedure. Major discipline, which is any
discipline that is over five days shall be heard and determined before
and by the Appropriate Authority, or an appointed third party hearing
officer, at the time and place set forth in the notice.
C.
In cases of major discipline, a written copy of the recommendation
of the Appropriate Authority or the hearing officer, whichever is
applicable, shall be served upon the member of the Police Department
and the Borough Council as soon as possible, but in no event later
than 21 days after the hearing. The Borough Council shall review the
recommendation and record established during a hearing, and may accept,
amend or reject said recommendation. The Mayor shall participate in
the decision, and shall vote to break a tie, if necessary.
D.
The Mayor and Council shall use the Police Rules and Regulations
as a nonbinding guideline in the conduct of the hearings authorized
herein.
E.
All disciplinary actions shall be subject to the requirements and
time frames set forth in N.J.S.A. 40A:14-147, et seq.
[Ord. No. 1998-7; Ord. No. 2016-03]
Where the Borough Council determines that the provisions of
N.J.S.A. 40A:14-155 require that the Borough provide a means of defense
or reimburse a police officer for legal costs, the hourly rate for
which the Borough shall be responsible shall not exceed the hourly
rate charged by the Borough Attorney for litigation matters. All statements
for professional services submitted by attorneys representing police
officers under this article shall be subject to review by the Borough
Attorney and review and approval by the Borough Administrator.
[Ord. No. 1998-7; Ord. No. 2012-07; Ord.
No. 2016-03]
The term of service of any regular or permanent member of the
Police Department shall be to the age of 65 and shall be calculated
as beginning on the date of formal appointment by the Borough Council.
If the minutes or records of the Borough Council do not disclose such
date, the payroll or other records of the Borough shall be used to
determine it. At the age of 65 the officer shall be retired by resolution
of the Borough Council and his or her services as a police officer
shall be at an end; provided, however, that the Borough Council may,
in its discretion, continue any officer temporarily in case of emergency,
or as the needs and interest of the Borough may require, provided
said officer remains qualified for said employment.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2012-07; Ord. No. 2016-03; Ord. No. 2024-11]
A.
Definitions. Whenever any words and phrases are used in this section,
the meanings respectively ascribed to them in N.J.S.A. 40A:14-146.9
shall be deemed to apply to such words and phrases used herein.
B.
Position Established. There is hereby established the position of
special law enforcement officer (also referenced as "special police
officer") in and for the Borough of Hightstown.
C.
Determination of Eligibility. Before any special law enforcement
officer is appointed, the Chief of Police shall ascertain the eligibility
and qualifications of the applicant and report these determinations,
in writing, to the Mayor and Council.
D.
Appointment. Special law enforcement officers may be appointed for
terms not to exceed one year, and the appointments may be revoked
by the Mayor and Council 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. Nothing herein shall be construed
to require reappointment upon the expiration of the term. The special
law enforcement officers so appointed shall not be members of the
police force of the Borough, and their powers and duties shall cease
at the expiration of the term for which appointed.
E.
Qualifications.
(1)
No person may be appointed as a special law enforcement officer
unless the person:
(a)
She/he shall be a citizen of the United States and resident
of the State of New Jersey.
(b)
She/he shall not be less than 21 years of age and shall be sound
in body and of good health sufficient to satisfy the Board of Trustees
of the Police and Firemen's Retirement System of New Jersey as
to her/his eligibility for membership in the retirement system. Age
shall not be considered in the promotion of any officer to a higher
rank.
(c)
She/he shall demonstrate the ability to read and write the English
language intelligently.
(d)
She/he is of good moral character and shall not have been convicted
of a crime or disorderly persons offense that, in the judgment of
the Borough Council, would be prejudicial to the morale or the reputation
of the Police Department.
(e)
She/he must successfully pass the required physical fitness
examination, drug and alcohol screening, psychological examination
administered by a physician or laboratory of the Borough's choosing
and be a successful graduate of a certified police academy as she/he
may be assigned by the Borough. Any drug screening, psychological
or medical examination or physical fitness examination shall be conducted
after a conditional offer of employment or promotion has been made
by the Borough.
(f)
She/he is a holder of a valid New Jersey driver's license.
(g)
Education, at a minimum, must consist of a high school diploma
or accredited equivalent. Postsecondary courses and degrees are desirable
and will be considered in the selection process.
(h)
She/he has obtained and continues to hold the required license
for law enforcement officers in the State of New Jersey.
(2)
Every applicant for the position of special law enforcement
officer shall have fingerprints taken, which fingerprints shall be
filed with the Division of State Police and the Federal Bureau of
Investigation.
(3)
No person shall be appointed to serve as a special law enforcement
officer if that person serves as a special law enforcement officer
in another municipality; nor shall any permanent, regularly appointed
full-time police officer of any other municipality in the State of
New Jersey be appointed as a special law enforcement officer. No public
official with responsibility for setting law enforcement policy or
exercising authority over the budget of any municipality in the State
of New Jersey or supervision of the Police Department of a municipality
in the State of New Jersey shall be appointed as a special law enforcement
officer.
(4)
Any person who at any time prior to this appointment had served
as a duly qualified, fully trained, full-time officer in any municipality
in the State of New Jersey, and who is separated from that prior service
in good standing, shall be eligible to serve as a special law enforcement
officer consistent with the guidelines promulgated by the Police Training
Commission. If the Police Training Commission waives the training
requirements which are required by statute, the Mayor and Council,
if it chooses, may appoint such person as a special law enforcement
officer.
F.
Training Course and Certification Requirements. No person may commence
his or her duties as a special law enforcement officer unless he or
she has successfully completed the training course and certification
requirements of N.J.S.A. 40A:14-146.11, unless such training requirements
have been waived by the Police Training Commission.
G.
Classification of Officers. There are hereby established two classifications
of special law enforcement officers as follows:
(1)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited,
and no Class One officer shall be assigned any duties which may require
the carrying or use of a firearm.
(2)
Class Two. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
Police Training Commission.
H.
Uniforms. Every special law enforcement officer prior to the commencement
of his or her duties shall be furnished with a uniform which shall
identify the officer's function. The uniform shall include, but not
be limited to, a hat and appropriate badges which shall bear an identification
number or name tag and the name of the Borough of Hightstown. The
uniform shall also include an insignia issued by the Police Training
Commission which clearly indicates the officer's status as a special
law enforcement officer and the type of certification issued by the
Commission. All special law enforcement officers prior to the commencement
of duties shall be in uniform properly displaying the appropriate
insignia.
I.
Return of Equipment and Uniform Upon Termination. Whenever a special
law enforcement officer's appointment is revoked or a special law
enforcement officer is not reappointed upon the expiration of the
term, the special law enforcement officer shall return to the officer
in charge of the station house all Borough of Hightstown issued uniforms,
badges and equipment within 15 days of the revocation or expiration
of the term.
J.
Firearms. The special law enforcement officers shall carry and return
firearms pursuant to the guidelines established in N.J.S.A. 40A:146.14(b).
K.
Conduct of Officers. Special law enforcement officers shall comply
with the rules and regulations applicable to the conduct and decorum
of the permanent, regularly appointed police officers of the Borough,
as well as any rules and regulations applicable to the conduct and
decorum of special law enforcement officers.
L.
Performance of Duties.
(1)
A special law enforcement officer shall be under the supervision
and direction of the Chief of Police, and shall perform his or her
duties only in the Borough unless in fresh pursuit of any person pursuant
to Chapter 156 of Title 2A of the New Jersey Statutes.
(2)
The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough, including, but not limited to, the carrying of firearms and the power to arrest subject to rules and regulations; any such authorization shall not be inconsistent with the certification requirements of § 2-19-18F above.
M.
Hours of Employment. The provisions of N.J.S.A. 40A:14-146.16(a)
and (c) regarding the maximum hours of employment of special law enforcement
officers are hereby incorporated as if stated in full herein.
N.
Limitation of Use of Officers. Special law enforcement officers may
be employed only to assist the Borough's law enforcement unit but
may not be employed to replace or substitute for full-time regular
police officers or in any way to diminish the number of full-time
officers employed by the Borough.
[Ord. No. 1998-7; Ord. No. 2011-10; Ord.
No. 2016-03; Ord. No. 2020-10; Ord. No. 2024-11]
A.
Purpose. To establish a policy regarding the hiring and use of off-duty
Hightstown Borough police officers by any entity or person other than
the Borough of Hightstown.
B.
Policy; procedure.
(1)
Members of the Police Department shall be permitted to accept
police-related outside employment services work (also referenced herein
as "outside employment services" or "outside employment detail" or
"off-duty detail" or "off-duty work") only during off-duty hours,
and only at such time(s) as will not interfere with the efficient
performance of regularly scheduled or emergency duty responsibilities
for the Borough, so long as such request is approved in advance by
the Chief of Police, who is the sole authorized official of the Borough
for approving such off-duty work.
(2)
Any person or entity wishing to employ Hightstown Borough police
officers for off-duty work shall first contact the Police Department
to obtain the Borough's contracted third party outside employment
company information for such services.
(3)
Police officers engaged in off-duty work shall be deemed "on-duty"
for the duration of the outside employment detail and shall conform
to all Hightstown Borough Police Department rules, regulations, procedures,
and orders.
C.
Requests for outside employment services.
(1)
Any party or employer requesting the outside employment services
of an off-duty Borough police officer shall submit the following information
to the Chief of Police for approval; the estimated length (number
of days) of the detail, work hours of the detail and number of officers
requested. The Chief of Police shall review the request and determine
if it includes an adequate number of off-duty officers to ensure security,
crowd control or traffic safety. The Chief of Police shall have the
authority to require the requesting party to hire additional officers
to make sure that any security, crowd control or traffic safety concern
is met.
(2)
No officer shall arrange with any party to work outside employment
privately.
(3)
Every officer shall have the right to turn down without any
penalty any request to work an outside employment detail. No officer
shall be required or ordered to work any off-duty detail.
(4)
The Police Chief shall keep in view the needs of the Borough
for shift coverage in determining whether to approve or to deny any
request for off-duty officer outside employment services by any party
or entity.
(5)
Requests by a party to hire off-duty officers must be made to
the Borough's outside employment company at least three business
days prior to the date off-duty officers are needed. Emergency requests
to hire off-duty officers will be evaluated on a case-by-case basis.
All requests must be approved by the Chief of Police before the commencement
of the off-duty detail.
D.
Outside Employment Services Assignment/Rate for Extra Duty.
(1)
The rate charged by the Borough of Hightstown for outside employment
services performed by officers of the Hightstown Police Department
shall be in accordance with the collective negotiations bargaining
agreement between the Borough and FOP, a copy of which is on file
in the Municipal Clerk's office.
(2)
A $15 per-hour administrative fee shall apply for each hour
of outside employment detail performed by officers of the Hightstown
Police Department. This fee shall be in addition to the hourly rate
determined by the negotiations bargaining agreement between the Borough
and FOP. The administrative fee shall be retained by the Borough and
shall not be paid to officers who perform the services.
(3)
The Borough of Hightstown utilizes an outside third-party employment
company to administer and perform the above-mentioned actions related
to the off-duty detail employment process. These actions include,
but are not limited to, communicating with the requesting person or
company to schedule off-duty detail "jobs," securing the Police Chief's
approval for the assignment, scheduling the officers for the said
jobs, invoicing the requesting person or company, and receiving escrow
and/or payment from the requesting person or company in a manner set
forth by the third party outside employment company. The third party
outside employment company may charge an additional fee for services
that are above and in addition to the fee structure stated above and
shall utilize business-type collection rules as set forth in the contract
between Hightstown Borough and the third party outside employment
company. The third party outside employment company will reimburse
the Borough for funds due to the Borough via ACH or other funds transfer
method, according to the fees set forth in the collective bargaining
agreement and in the contract between the Borough and the third party
outside employment company, in a timely manner. Reimbursement shall
usually coincide with payroll periods that the officers have performed
or were scheduled for, in accordance with the above-listed rules of
employment between the Borough and the person(s) or company seeking
services. The Borough will subsequently pay the police officers for
their outside employment services through the Borough's payroll
schedule.
E.
Minimum Number of Hours.
(1)
There shall be a minimum obligation of four hour's pay
for each off-duty officer hired to work an outside employment detail.
This four-hour pay obligation shall not apply to any Borough/Board
of Education and related entities for off-duty activities/events.
F.
Use of police vehicles. In the event that a party or employer employs
any off-duty Borough police officer pursuant to this article, in addition
to any compensation to be paid to the Borough pursuant to the requirements
herein, there shall also be a $20 per-hour per-vehicle fee for the
use of marked or unmarked police vehicles. The police vehicle fee
shall be retained by the Borough and shall not be paid to officers
who perform the outside employment services.
G.
Penalty. Any person or entity who employs off-duty Borough police officers in order to perform the above services without first having complied with the requirements of this article shall be subject to the fines set forth Article 1-5 of the Borough Code for each day that the party or entity employs any Borough police officer, unless a waiver of said requirements shall have been granted, in advance, by the Police Chief. Any officer or employee of the Hightstown Police Department who provides off-duty detail services in a manner other than as specified in this article shall be subject to prosecution for violation of the Borough Code, and also for disciplinary process and penalties, including administrative penalties up to and including dismissal, in addition to the penalties set forth in Article 1-5 of the Borough Code.
H.
Cancellation Policy. With the exception of Borough and Board of Education
and related entities matters, if an outside employment services job
is cancelled with less than 12 hours' notice, the applicable
officer(s) will receive compensation for four hours. This payment
for said assignment, and the administrative fee shall apply and be
payable by the person or entity who reserved said services. This four-hour
pay obligation shall not apply to any Borough/Board of Education and
related entities off-duty detail activities/events.
I.
Control vested in the police chief. The Police Chief of the Borough
of Hightstown shall be the authorized official of the Borough responsible
for the overall conduct of the members of the Police Department in
following the rules and regulations promulgated herein, and shall
insure that the terms, conditions and provisions of this article shall
be fully and faithfully carried out. Additionally, the Police Chief
shall have authority to control officers engaged in off-duty outside
employment services pursuant to this article, and shall further have
the authority and the duty to commence disciplinary process as to
any and all officers so engaged in outside employment services by
private employers, should cause for such charges arise or exist. The
Police Chief shall be accountable for the failure to abide by or to
enforce the terms of this article as to off-duty outside employment
services by police officers.
J.
Adherence to department rules and regulations. While employed as
an off-duty officer on an outside employment detail, officers shall
adhere to all department rules, regulations, policies and procedures.
Officers shall also follow any commands or directions given to them
by the Chief of Police, Supervisor or On-Duty Officer In-Charge (OIC).
Police officers engaged in off-duty outside employment services work
shall be deemed "on-duty" and shall conform to all Hightstown Borough
Police Department rules, regulations, procedures, and orders.
[Ord. No. 2011-10; Ord. No. 2016-03; Ord. No. 2024-11]
The Police Chief shall establish a drug screening procedure,
including screening for steroids, for applicants and employees of
the Police Department. The drug testing policy shall be in accordance
with the Office of the New Jersey Attorney General's Guidelines on
Drug Testing and any policy mandated by the Mercer County Prosecutor.
The policy shall be adopted as a part of the Police Department's rules
and regulations and shall be amended from time to time so as to insure
that applicants to the Police Department and the Department's sworn
law enforcement personnel and employees are drug free. The Police
Chief shall make sure that random and unannounced drug tests are conducted
as to every single police officer, with every reasonable precaution
taken to ensure the integrity, reliability, and fairness of the screening
process and of the individual samples collected, and to ensure the
confidence of the public and the reputation of the Police Department.
The Police Chief shall be accountable for the failure to abide by
or to enforce the terms of this article as to all police officers.
