Article XIII Police Department

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 Board of Commissioners.

Qualifications. No person may be appointed as a special law enforcement officer unless the person:

(a)

Is at least 18 years of age;

(b)

Is a resident of the State of New Jersey during the term of appointment;

(c)

Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;

(d)

Is sound in body and of good health and is able to perform the physical functions of the duties assigned;

(e)

Is of good moral character;

(f)

Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of his or her office;

(g)

Has successfully undergone the same psychological testing that is required of all full-time police officers in the City; and

(h)

Possesses a valid New Jersey driver's license.

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.

Term of appointment. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Board of Commissioners 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. Special law enforcement officers so appointed shall not be members of the police force of the City, and their powers and duties shall cease at the expiration of the term for which appointed.

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.

Uniforms, equipment and firearms.

All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia. 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 City. 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 Police Training Commission. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.

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 their supervisor all City-issued uniforms, badges and equipment within seven days of the revocation or expiration of the term.

Special law enforcement officers shall carry and return firearms pursuant to the guidelines established in N.J.S.A. 40A:146.14(b).

Conduct of special law enforcement 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 City, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.

Special law enforcement officers shall be under the supervision and direction of the Chief of Police and shall perform his or her duties only in the City unless in fresh pursuit of any person pursuant to N.J.S.A. 2A:156-1 et seq.

The Chief of Police, or designee, may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as permanent, regularly appointed police officers of the City, including, but not limited to, the carrying of firearms and the power to arrest, subject to rules and regulations.

(4)

Special law enforcement officers have no law enforcement authority while off duty.

Limitation of use of officers. Special law enforcement officers may be employed only to assist the City'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 City.

§ 4-74 Bomb disposal agreement.

Findings.

The City of Jersey City is the only municipality in Hudson County with a professional bomb disposal unit.

The City of Jersey City has agreed to provide bomb disposal services free of charge to any Hudson County municipality which agrees to indemnify it for the provision of these services in the event of litigation.

It is in the best interest of the City of Union City to avail itself of the bomb disposal unit services of the City of Jersey City.

Purpose. The City of Union City acknowledges that the City of Jersey City is the only municipality in Hudson County which has a trained bomb disposal unit as part of its police force. In the past this unit has been dispatched to various Hudson County municipalities in emergency situations. Although no incidents or accidents have occurred to date regarding the bomb disposal services, the possibility of such an accident or incident is very real. The City of Union City recognizes that it may be required to call upon the bomb disposal services of the City of Jersey City in the future. It is therefore the intention of the City of Union City to represent and indemnify the City of Jersey City from any and all liability in connection with the provision of bomb disposal services to the City of Union City even if the City of Jersey City performs these services negligently.

Indemnification.

The City of Union City shall not sue or in any way hold liable the City of Jersey City, its agents and employees for the provision of bomb disposal services to the City of Union City or any of its residents, even if the services are performed negligently.

§ 4-76 Domestic Violence Victim Assistance Program.

The City of Union City shall represent, defend and indemnify the City of Jersey City, its agents and employees for any bomb disposal services provided by the City of Jersey City to the City of Union City, or its residents, from any claim or cause of action brought by anyone, even if the services are performed negligently.

§ 4-75 (Reserved) [1]

[1]

Editor's Note: Former § 4-75, Drug testing policy, amended 5-21-2013, 2-3-2015, and 5-22-2018 by Ord. No. 2018-18, was repealed 5-2-2023 by Ord. No. 2023-65.

[Added 3-4-2003]

Findings. In 1991, the New Jersey Legislature passed the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq. ("the Act"), having determined that domestic violence is a serious crime against society with victims from all social and economic backgrounds. Pursuant to the Act, crisis intervention teams of trained residents can be formed to assist police authorities in dealing with domestic violence cases. The Union City Domestic Violence Victim Assistance Program ("UCDV-VAP") would assist victims of domestic violence by providing information on available resources and referrals, and acting as a liaison with the police and other agencies, as appropriate.

Establishment of team; qualifications for membership; appointment; coordinator.

There is hereby created the UCDV-VAP, or "team." The Team shall consist of an unlimited number of volunteers who shall be at least 21 years of age and a bona fide resident of Union City, or an employee thereof. All team members shall serve without compensation. Interested persons shall complete an application form supplied by the Union City Police Department, be fingerprinted by the Police Department and subject to a background check. Conviction of any crime, as defined under the New Jersey Code of Criminal Justice, shall disqualify a person from membership on the Team.

Members of the team shall be appointed by resolution of the Commission upon recommendation of the Chief of Police or Director of Public Safety. The Commission, by resolution, shall also appoint team coordinators as needed. Team coordinators shall supervise the program, coordinate scheduling and perform other duties related to the program as directed by the Chief of Police.

All coordinators and team members shall be supervised by the Police Department and shall serve at the discretion of the Chief of Police.

Training program. No person may serve as a team member unless he or she shall have first completed 40 hours of training, specializing in domestic violence crises response team matters. This training further provides confidentiality protection to team members in accordance with N.J.S.A. 2A:84A-22 et seq.

Functions and duties. The functions and duties of the team shall include, but not be limited to:

Meeting with victims of domestic violence to provide support, compassion and advice;

Providing information on available resources, appropriate agencies, hot lines and serving as a liaison with police and other agencies as appropriate; and

Providing such other functions and duties as may be established by the Police Department.

Annual report. The Chief of Police shall prepare and submit to the Director of Public Safety an annual report summarizing the activities of the team and any recommendations deemed by the Police Chief to be appropriate.

§ 4-77 Off-duty details.

[Added 10-6-2009; amended 7-15-2014; 10-18-2016; 11-27-2018 by Ord. No. 2018-34; 2-5-2019 by Ord. No. 2019-2; 2-19-2019 by Ord. No. 2019-3; 5-14-2019 by Ord. No. 2019-13; 11-15-2022 by Ord. No. 2022-21]

The Chief of Police may establish regulations within the Police Department providing for control, coordination, scheduling and approval of off-duty police details which conform to all applicable New Jersey State Attorney General guidelines and other controlling regulations. The Chief may modify such regulations from time to time to remain consistent with prevailing regulations or by other grounds that the Chief believes justify such change.

Nongovernmental agencies. In the case of nongovernmental agencies, private contractors or vendors, the fees paid for hiring police officers shall be set by ordinance, and the current rate set is $105 per hour. $6 per hour shall be collected by the City as an administrative fee, and $4 per hour shall be collected on behalf of the police union representing the officer. The remaining $95 per hour shall be paid to the officer working the detail.

Governmental agencies. In the case of governmental agencies, any City and Board of Education sponsored events, City construction projects or "special" details paid by the Union City Police Department, the fees paid for hiring police officers shall be set by ordinance, and the current rate set is $70 per hour and shall be paid to the officer working the detail.

All details shall be paid the same way irrespective of the rank of the officer working the detail.

All off-duty police details which include the use of a police vehicle shall have an additional flat charge of $100 per vehicle used during the detail.

All fees for off-duty police details must be paid upon scheduling of the detail.

§ 4-77.1 Military leave.

[Added 4-2-2024 by Ord. No. 2024-4]

Definitions

ACTIVE COMBAT DUTY

A period of full-time duty in the active federal military pursuant to an order by the President, Congress, or Department of Defense for the following reasons:

Full Mobilization [10 U.S.C. 12301(a)]: A war or national emergency is declared by Congress.

Partial Mobilization (10 U.S.C. 12302): The President declares a national emergency.

ACTIVE DUTY FOR OPERATIONAL SUPPORT

Disaster Response [10 U.S.C. 12304(a)]: The Secretary of Defense activates troops in response to a domestic emergency or major disaster.

Tour of active duty for military reservists authorized from the military or reserve personnel for work on active or reserve component programs. The purpose of active duty for operational support is to provide the necessary skilled manpower assets to support existing or emerging requirements, which may include training.

ACTIVE DUTY FOR TRAINING

Period of full-time duty in active federal or state military services for training purposes, as defined in N.J.S.A. 38A:1-1(j). Active duty for training includes, but is not limited to, annual training.

ANNUAL TRAINING

Period of training duty, usually performed two consecutive weeks each federal fiscal year, for the purpose of gaining or sustaining individual or unit skills. Annual training is also referred to as active duty for training and/or field training.

FEDERAL FISCAL YEAR

Term used by the military that covers a one-year period from October 1 through September 30.

INACTIVE DUTY TRAINING

Duty performed other than active combat duty, active duty, or active duty for training. This includes, but is not limited to: unit training assemblies/periods ("UTA/UTP"), rescheduled UTA/UTP, multiple UTA/UTP, split UTA/UTP, additional UTA/UTP, additional flight training period, readiness management assemblies, additional training assemblies/periods, proficiency training, training period preparation assembly, equivalent training assembly/period, junior leader training for civil disturbance, additional simulation training assembly/period, and inactive duty funeral honors.

MILITARY PAY DIFFERENTIAL

A payment from the City to offset the difference between the total compensation received by the employee while engaged in active military service and the amount of base salary the employee would have earned from the City had the employee not been called to active duty.

MILITARY RESERVIST

Any permanent employee of the Union City Police Department, either full or part time, who is a member of the Naval Militia, Marine Corps Reserve, Coast Guard Auxiliary, or a reserve component of any of the armed forces of the United States.

NATIONAL GUARDSMAN

Any permanent employee of the Union City Police Department, either full or part time, who is a member of the New Jersey Army and Air National Guard.

The City will provide military pay differential payments to eligible Union City Police Department employees when engaged only in active combat duty. However, the City shall not issue any military pay differential payments until the employee has exhausted their paid military leave, which is 30 days for Military Reservists and 90 days for National Guardsman in a federal fiscal year.

In no event shall the military pay differential payment, coupled with the employee's military compensation, exceed the base salary the employee would have received had the employee not been called to active duty and remained in their position of employment with the City. The military pay differential is a benefit and not an entitlement.

Police officers engaged in any other duty besides active combat duty shall not be eligible for the military pay differential. These include active duty for operational support, active duty for training, annual training, and inactive duty.

The Chief of Police may shall establish written policies and procedures for the administration of the military pay differential.

§ 4-78 Emergency Medical Service.

[Amended 6-20-2006; 5-21-2013][1]]

Department assignment. The Emergency Medical Service is designated as a service within the Police Department.

Budget. The funding for the Emergency Medical Service shall be within the Police Department line items in the City budget.

Medical Director. The City of Union City shall employ a Medical Director whose duties and qualifications shall be as follows:

The Medical Director shall be a physician who is licensed by the New Jersey State Board of Medical Examiners to practice medicine.

The Medical Director shall be responsible for providing medical quality assurance oversight regarding the administration of BLS services by the provider's crewmembers. Medical quality assurance oversight shall include, but is not limited to, review of utilization of the AED, as well as interpretation of treatment protocols and documentation standards.