[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:
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.
