[Adopted 6-23-1994 as Ord. No. 94-35 (Ch.
32A of the 1974 Code); amended 6-14-2018 by Ord. No. 2018-17]
Whenever any words and phrases are used in this article, 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.
There is hereby established the position of special police officer
in and for the Township of Lacey.
Before any special law enforcement officer is appointed, the
Chief of Police or, in the absence of the Chief, other chief law enforcement
official of the Township shall ascertain the eligibility and qualifications
of the applicant and report these determinations, in writing, to the
Mayor and Committee.
Special law enforcement officers may be appointed for terms
not to exceed one year, and the appointments may be revoked by the
Mayor and Committee 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 Township, and their powers and duties shall cease
at the expiration of the term for which appointed.
A.
No person may be appointed as a special law enforcement officer unless
the person:
(1)
Is a resident of this state during the term of appointment;
(2)
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent;
(3)
Is sound in body and of good health;
(4)
Is of good moral character;
(5)
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;
and
(6)
Has successfully undergone the same psychological testing that is
required of all full-time police officers in the Township or, with
regard to a special law enforcement officer hired for a seasonal period
which required psychological testing of its full-time police officers,
has successfully undergone a program of psychological testing approved
by the Police Training Commission established in the Department of
Law and Public Safety, pursuant to N.J.S.A. 52:17B-70.
B.
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.
C.
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 this state 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 this state or supervision
of the Police Department of a municipality in this state shall be
appointed as a special law enforcement officer.
D.
Any person who at any time prior to his appointment had served as
a duly qualified, fully trained, full-time officer in any municipality
in this state, 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 Committee,
if it chooses, may appoint such person as a special law enforcement
officer.
E.
Any person to be appointed to the position of a Special Law Enforcement
Officer, Class Three, must be a retired police officer who has previously
served as a duly qualified, fully trained, full-time officer in any
municipality or county of this state, or as a member of the New Jersey
State Police.
(1)
Must be living in New Jersey.
(2)
Must be retired from an agency in good standing.
(3)
Must be less than 65 years of age at the time of appointment.
(4)
Limited break in service: During the first year of the program (July
1, 2017, to June 30, 2018), a new Class Three's break in service may
not exceed five years. Starting July 1, 2018, a Class Three's break
in service may not exceed three years.
A.
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.
B.
All special law enforcement officers appointed in service on the
effective date of this article may continue in service if within 24
months of the effective date of this article they will have completed
all training and certification requirements of this article.
C.
All special law enforcement officers, Class Three, shall complete
the SRO training within 12 months of being appointed.
There are hereby established three classifications of special
law enforcement officers. The Police Training Commission shall prescribe
by rule or regulation the training standards to be established for
each classification. The classifications shall be based on the duties
to be performed by the special law enforcement officer, as follows:
A.
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.
B.
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.
C.
Class Three. 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 while providing security at a public
or nonpublic school on the school premises during hours when the public
or nonpublic school is normally in session or when it is occupied
by the public or nonpublic schools students or its teachers. While
on duty in the jurisdiction of employment, an officer may respond
to offenses or emergencies off school property if they occur in the
officer's presence while travelling to a school facility, but an officer
shall not otherwise be dispatched or dedicated to any assignment off
school property. The use of a firearm by an officer of this class
shall be authorized pursuant to the provisions of Subsection b. of
Section 7 of P.L. 1985, c. 39 (N.J.S.A. 40A:14-146.14). An officer
of this class shall not be authorized to carry a firearm while off
duty unless the officer complies with the requirements set forth in
Subsection I. of N.J.S.A. 2C:39-6, authorizing a retired law enforcement
officer to carry a handgun.
Every special law enforcement officer prior to the commencement
of his 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 Township of Lacey. 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.
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 Lacey Township
issued uniforms, badges and equipment within 15 days of the revocation
or expiration of term.
The special law enforcement officers shall carry and return
firearms pursuant to the guidelines established in N.J.S.A. 40A:14-146.14b.
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 Township, as well as any
rules and regulations applicable to the conduct and decorum of special
law enforcement officers.
A.
A special law enforcement officer shall be under the supervision
and direction of the Chief of Police or, in the absence of the Chief,
other chief law enforcement officer of the Township and shall perform
his duties only in the Township unless in fresh pursuit of any person
pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
B.
The Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the Township may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Township, 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 § 93-22 herein.
Special law enforcement officers may be employed only to assist
the Township law enforcement unit but may not be employed to replace
or substitute for full-time regular police officers or in any way
diminish the number of full-time officers employed by the Township.
A.
There are hereby created 12 positions as special law enforcement
officers designated as Class One members.
B.
There are hereby created 10 positions as special law enforcement
officers designated as Class Two members.
C.
There are hereby created 10 positions as special law enforcement
officers designated as Class Three members.
