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 law enforcement officer in and for the Borough of Lavallette.
Pursuant to N.J.S.A. 40A:14-146.10, before any
special law enforcement officer is appointed, the Public Safety Director,
the Chief of Police or, in the absence of the Chief, other chief law
enforcement official of the Borough shall ascertain the eligibility
and qualifications of the applicant and report these determinations,
in writing, to the Mayor and Council.
A.
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.
B.
Nothing herein shall be construed to require reappointment
upon the expiration of the term.
A.
As provided in N.J.S.A. 40A:14-146.10, 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/her unfit to perform the duties of his/her
office.
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the Borough
or, with regard to a special law enforcement officer hired for a seasonal
period, 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. As prohibited
under N.J.S.A. 40A:14-146.10, no public official with responsibility
for setting law enforcement policy or exercising authority over the
budget of the local unit or supervision of the Police Department of
a local unit shall be appointed as a special law enforcement officer.
D.
Any person who, at any time prior to his/her 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 Council, if they choose, may appoint such person as a special
law enforcement officer.
No person may commence his/her duties as a special
law enforcement officer unless he/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.
There are hereby established two classifications
of special law enforcement officers:
A.
Class One. Officers of this class are hereby 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 is authorized only after the officer has
been fully certified as successfully completing training as prescribed
by the Police Training Commission.
Every special law enforcement officer, prior
to the commencement of his/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
Lavallette. 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 Public Safety Director or Chief of Police
or his/her designee all issued uniforms, badges and equipment within
15 days of the revocation or expiration of term.
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 Borough,
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 Public Safety Director and/or Chief
of Police or, in the absence of the Public Safety Director or Chief
of Police, a law enforcement officer of the Borough designated by
the Public Safety Director or Chief of Police, and shall perform his/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 or when authorized
to perform duties in another unit pursuant to a mutual aid agreement
enacted in accordance with N.J.S.A. 40A:14-156.1.
B.
The Public Safety Director or Chief of Police or, in the absence of the Public Safely Director or Chief, a law enforcement officer of the Borough designated by the Public Safety Director or 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 and classification requirements as set forth in §§ 48-9 and 48-11 of this article, or the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8 et seq.
A.
The provisions of N.J.S.A. 40A:14-146.16a and c regarding
the maximum hours of employment of special law enforcement officers
are hereby incorporated and adopted as part of this article by reference
herein.
B.
For the purposes of N.J.S.A. 40A:14-146.16a and c,
it is hereby determined and declared that the Borough of Lavallette
is a resort community as defined in N.J.S.A. 40A:14-146.9.
Special law enforcement officers may be employed
only to assist the Lavallette Police Department 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
Borough.
