[Adopted 5-17-1974 as Ch. 32 of the 1974 Code]
[Amended 2-15-1996 by Ord. No. 96-09]
A. 
There is hereby created and established in the Township of Lacey, a police department, which shall be known as the "Lacey Township Police Department." The Police Department is established in accordance with the provisions of N.J.S.A. 40A:14-118 et seq.
B. 
The Mayor and Township Committee shall provide for the appointment of a Chief of Police and officers and personnel as they shall deem necessary for the proper and efficient operation of the Police Department. The Mayor and Township Committee shall determine the terms of office and compensation and prescribe the powers, functions and duties of all such members, officers and personnel as permitted by law.
[Amended 3-28-1996 by Ord. No. 96-17]
[Amended 2-15-1996 by Ord. No. 96-09]
A. 
Appropriate authority.
[Amended 3-28-1996 by Ord. No. 96-17]
(1) 
In accordance with the provisions of N.J.S.A. 40A:14-118, the Township Committee shall designate an appropriate authority to whom the Chief of Police will be directly responsible. The Township Committee shall designate the appropriate authority by resolution, and, in the absence of a resolution designating the appropriate authority, the Township Committee shall act as the appropriate authority.
(2) 
The appropriate authority shall be responsible to develop appropriate rules and regulations for the government of the police force and for the discipline of its members in accordance with N.J.S.A. 40A:14-118.
(3) 
The appropriate authority shall have such duties and responsibilities as are set forth in N.J.S.A. 40A:14-118.
B. 
Chief of Police. The Chief of Police shall be the head of the police force and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to the policies established by the appropriate authority:
[Amended 3-28-1996 by Ord. No. 96-17]
(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.
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force, to be exercised under his direction and supervision.
(5) 
Report at least monthly to the appropriate authority in such form as shall be prescribed by the appropriate authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority.
C. 
Such other officers and personnel as the Township Committee deems necessary for proper operation of the Police Department.
[Amended 7-11-1996 by Ord. No. 96-36]
No person shall be appointed a member of said Police Department until duly certified by a licensed physician, to be selected by the Township Committee, to be in good health, able-bodied and of sound mind, nor unless the applicant shall possess all other qualifications as to age, state residency and citizenship as required by law.
[Amended 7-11-1996 by Ord. No. 96-36]
All officers and employees of said Police Department, whether full-time, part-time, temporary or special, shall receive only such salary, wage or compensation as the Township Committee may fix and determine.[1]
[1]
Editor's Note: The currently effective Salary Ordinance is on file in the office of the Township Clerk.
Application for appointment to the Police Department shall be in writing upon a form prescribed by the Township Committee, and any misstatement or incomplete disclosure therein shall be sufficient grounds for dismissal from the Department.
Appointments to the Police Department shall be first made for a probationary period of at least one year; such probationary period, however, shall count as service if the permanent appointment is subsequently made in due course and immediately following said probationary period. Such probationary appointments may be revoked at any time within one year from the date thereof by vote of a majority of the Township Committee.
All officers and members of the Department shall have the duty and authority to preserve the peace and safety of the township, prevent disorders, protect public and private property, enforce the laws of the State of New Jersey and all township ordinances and perform such other duties of a similar or incidental nature as may be from time to time assigned by the Township Committee.
[Amended 7-11-1996 by Ord. No. 96-36]
Every officer and member of the Police Department shall devote his or her whole time and attention to the business of the Department, and he or she is expressly prohibited from following any other calling or being employed in any other business during the hours in which he or she is on duty. He or she may, however, accept any respectable employment, except at a place where alcoholic beverages are sold, at any time that he or she is not on duty, provided that such employment shall not affect his or her efficiency as a police officer nor reflect adversely upon his or her character or that of the Department.
[Amended 6-27-1985 by Ord. No. 15-85]
A. 
All regular officers and members of the Police Department of the Township of Lacey, in the County of Ocean, shall hold office during good behavior and shall not be dismissed except for just cause and in the manner prescribed by law. The Chief of Police or his or her designee shall act as hearing officer in all matters of discipline for which the penalty shall consist of a five-day suspension or less.
[Amended 7-11-1996 by Ord. No. 96-36]
B. 
Within the limitations set forth in N.J.S.A. 40A:14-118 et seq., the department disciplinary authority and responsibility rests initially with the Chief of Police. Except for oral reprimands and emergency suspensions, department discipline must be taken or approved by the Chief of Police. However, no member or employee of the Police Department shall be suspended for a period in excess of five days, receive a demotion or be removed from service, except by action of the Township Committee; in any case where the Chief of Police believes such an action should be taken, he shall make the appropriate recommendation to the Township Committee setting forth the facts upon which his recommendation is based, together with all documents concerning the charges against and the hearing for the member or employee in question.
[Amended 2-15-1996 by Ord. No. 96-09]
The Township Committee of the Township of Lacey, in the County of Ocean, shall, by resolution, adopt appropriate rules and regulations for the regulation, control and management of said Police Department as recommended by the appropriate authority.
Police officers regularly employed by the Township of Lacey, in the County of Ocean, at the time of the passage of this amendment, shall continue as and be deemed to be members of the Police Department of the Township of Lacey, in the County of Ocean.
There is hereby created a Detective Bureau of the Township of Lacey Police Department under the following terms and provisions:
A. 
No person shall be appointed as a Detective to said Detective Bureau unless he shall have been a police officer of the Township of Lacey Police Department for a period of not less than three years prior to his appointment as such Detective.
B. 
The Detective Bureau of the Township of Lacey Police Department shall be under the direct control of the Chief of Police of the Township of Lacey, and the members of said Detective Bureau shall perform the general duties customarily performed by members of a detective bureau.
C. 
The members of the Lacey Township Bureau of Detectives of the Lacey Township Police Department shall wear plain clothes during the performance of their duties as Detectives.
[Amended 6-27-1985 by Ord. No. 15-85]
A. 
There are hereby created and continued the offices of Captain, Lieutenant, Sergeant, Detective Sergeant, Identification Officer and Patrolman in the Police Department.
B. 
The Identification Officer shall perform such duties as shall be set forth in the rules and regulations of the Police Department or as may be designated from time to time by the Chief of the Police Department, but such duties shall include the taking and classification of fingerprints of persons for identification purposes and/or interviewing and photographing persons for investigation and identification. Age shall not be a disqualifying factor for appointment to the position of Identification Officer so long as the appointee is capable of performing the physical tasks required to be performed by him or her under said rules and regulations of the Police Department or such duties as may be designated by the Chief of the Police Department from time to time.
[Amended 7-11-1996 by Ord. No. 96-36]
C. 
There are hereby created and continued the following positions which are civilian in character: dispatcher typist, police records clerk.[1]
[1]
Editor's Note: Original §§ 32-14 through 32-21, dealing with special policemen, which immediately followed this section, were repealed 6-23-1994 by Ord. No. 94-37.
[Amended 2-15-1996 by Ord. No. 96-09; 7-11-1996 by Ord. No. 96-36]
From and after the effective date of this amendment, 40 hours per week shall constitute a customary and ordinary workweek in the Police Department of this township, provided that nothing herein contained shall be construed to prohibit the Chief of Police or other person then in charge of the Municipal Police Department from ordering one or more officers or men or women in the Police Department to special or extra duty or duties in the event of an emergency or necessity to protect life or property in this municipality.
[Added 5-10-1990 by Ord. No. 17-90; amended 6-14-1990; 7-11-1996 by Ord. No. 96-36;11-22-2022 by Ord. No. 2022-39]
A. 
Any person or entity desiring to retain the services of police officers of the Township of Lacey for off-duty police-related activities shall be required to enter into a contract with the Township of Lacey and/or their agent. Said contract shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Township of Lacey and fees for the use of Township-owned equipment. Except in the case of public or quasi-public agencies, the Chief of Police shall require the payment of 100% of the estimated amount due the Township for the assignment of such off-duty officer or officers from the person or entity requesting such assignment, in advance of providing such officer or officers. The Chief of Police is hereby empowered to execute a contract for off-duty police-related activities on behalf of the Township in accordance with this article.
B. 
The Chief of Police shall be responsible for the assignment of all off-duty police-related activities and the billing of all compensation due the Township. The Chief of Police or his designee shall be authorized to designate other members of the Police Department or the contracted vendor as needed to assist him in the assignment of off-duty police-related activities.
C. 
All persons or entities shall be required to make all payments for off-duty assignments payable to the Township of Lacey or the agent for the Township of Lacey. The rate of payment for the officers shall be established by multiplying the actual hourly compensation payable by the Township to such officer or officers as a result of such assignment by the number of hours or fraction thereof actually worked or to be worked by such officer or officers. Such sum shall then be multiplied by 1.25 so as to arrive at the total of the rate of payment for the officers due to the Township for such off-duty assignment.
D. 
Each person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his, hers or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Township of Lacey as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Township of Lacey or their agent prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.
E. 
The Chief of Police or his or her designee shall have the authority to order any police officer engaged in off-duty assignments within the Township of Lacey to respond to an emergency situation within the Township of Lacey. The Chief of Police or his or her designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Township of Lacey. In the event that a police officer is assigned to an emergency situation, the Police Chief or his or her designee shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Township of Lacey until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.
F. 
Any person or entity requesting the services of off-duty police officers shall agree to indemnify and hold harmless the Township of Lacey for any and all claims and damages which may arise from the off-duty police officer's employment by said person or entity.
[Added 2-9-1995 by Ord. No. 95-07; amended 7-22-1999 by Ord. No. 99-23]
A. 
All qualified applicants for appointment to the Lacey Township Police Department as a police officer shall maintain continuous residency respective to the classifications listed below from the announced closing date of the Department of Personnel examination up to and including the date of appointment and must meet one of the residency classifications for the position or positions to be filled as follows:
(1) 
Class I. Resident of the Township of Lacey.
(2) 
Class II. Resident of Ocean County.
(3) 
Class III Resident of the State of New Jersey.
(4) 
Class IV All other qualified applicants. Such applicants must become a resident of the State of New Jersey by the time of appointment.
B. 
Applicants eligible for Class I shall be considered for appointment first and then those in each succeeding class shall be considered in the order above listed. An applicant shall only be appointed to a vacancy or vacancies after all qualified applicants in a preceding class or classes have been appointed, have declined an offer of appointment or have been rejected by the township.
C. 
The classifications of qualified applicants defined in Subsection A. of this section shall be considered as separate and successive lists of eligibles, and the township may, insofar as permitted by law, request that the Department of Personnel issue classifications of persons eligible for appointment from said classes separate and successively. No person shall be appointed from any class until all persons in the preceding class or classes have been appointed, have declined an offer of appointment or have been rejected by the township.