[HISTORY: Adopted by the Township Committee
of the Township of Waterford 1-26-2005 by Ord. No. 2004-29.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 50, Police Department, adopted 6-14-1995 by Ord. No. 95-12, as
amended.
A.
There is hereby established a Police Department in
the Township of Waterford, County of Camden and State of New Jersey,
pursuant to the provisions of N.J.S.A. 40A:14-118, et seq. This chapter
is intended to ratify the existence and operation of the Police Department
which has historically operated within and served the Township of
Waterford and at the same time satisfy the statutory requirements
of the legislation amended in 1981 and 1988, respectively.
B.
The mission and purpose of said Police Department
is generally three-fold: to preserve life and property; to provide
a general police service for the residents of the Township of Waterford,
Camden County, State of New Jersey; to enforce federal, state, county
and municipal laws, statutes and ordinances; and as hereinafter may
be more expressly defined.
C.
The hours of employment of the uniformed members and
officers of the Waterford Township Police Department shall not exceed
eight continuous hours in any one day nor more than 40 hours in any
one week.
A.
Government and composition of the Police Department.
The Police Department will be governed by the Township Committee and
shall consist of one appropriate authority, one Chief of Police, one
Executive Assistant to the Chief of Police, two Lieutenants, four
Sergeants, two detectives, 20 patrol officers, and civilian employees
as deemed necessary and appropriate by the appropriate authority in
his/her discretion and judgment, with the approval of the Mayor and
Township Committee. The express purpose for naming these offices is
to establish a statutory line of authority from all police employees
to higher elected authority. Whenever any office is left vacant, due
to the absence of a qualified candidate, it will be deemed not to
exist and will be bypassed in the chain of command. No person may
be promoted or appointed to a position in the Township of Waterford
Police Department until they have satisfied all statutory requirements
and have complied with the selection process and standards established
by this chapter and the rules and regulations adopted by the appropriate
authority to govern the Police Department.
[Amended 7-8-2015 by Ord.
No. 2015-10]
B.
Authority and responsibilities.
(1)
Chief of Police: The Chief of Police shall be the
head of the Department and shall be directly responsible to the appropriate
authority for the conduct, efficiency and management of the Department
and, pursuant to policies established by the appropriate authority,
shall:
(a)
Be the chief executive officer of the police force;
(b)
Organize and control all resources of the Department
and be responsible for their care and safekeeping;
(c)
Administer and enforce rules and regulations for the
control, disposition and discipline of the Department and of its officers
and employees. Also, recommend to the appropriate authority changes
to said rules and regulations;
(d)
Implement the procedures for the hearing and determination
of charges alleging violation of Department rules and regulations
by any subordinate member of the police force; provided that a member
may be penalized only on written charges made or preferred against
him, after such charges have been examined, investigated and heard
by the proper hearing authority, upon such reasonable notice to the
member charged, and according to such practice, procedure and manner
as may be prescribed by rules and regulations of the Department. Said
written charges shall contain a request for penalization by the applicable
staff officer. If the Chief of Police is the officer charged with
a violation of departmental rules and regulations and is to be removed
from service, demoted in rank or suspended, fined, or otherwise penalized,
the appeal and hearing must be under the jurisdiction of the appropriate
authority;
(e)
Have, exercise, and discharge any functions, powers,
and duties of the Department;
(f)
Prescribe the internal organization of the Department
and the duties of his subordinates and assistants, pursuant to Township
ordinance and policies established by the appropriate authority;
(g)
The Chief of Police shall make periodic unannounced
and unexpected inspections of police headquarters and patrols at various
and diverse times during the day and night. Records/forms will be
kept documenting all such inspections either on the Chief's car sheet
or such other form developed for that purpose.
(h)
Delegate such of his powers as he may deem necessary
for the efficient administration of the Department, to be exercised
under his direction and supervision, and shall hold supervisors responsible
for effective performance of their duties;
(i)
Reports.
[Amended 7-8-2015 by Ord.
No. 2015-10]
(j)
In case of riot, insurrection or threat thereof, he
shall take command of the Police Department in person and direct its
movements and operations in discharge of its members' respective duties;
(k)
He shall be responsible for the maintenance of all
daily police records in which each member shall record his name, rank
and time of reporting and leaving duty, complaints, and matters pertaining
to the Police Department;
(l)
Administer personnel and financial policies in conformance
with the ordinances of the Township of Waterford and the laws of the
State of New Jersey, and shall:
[1]
Cause examination to determine the qualifications
of persons applying for positions;
[2]
Recommend promotions, demotions, releases or
other disciplinary measures subject to the ordinances of the Township
of Waterford and the laws of the State of New Jersey;
[3]
Administer wage and salary payroll and personnel
rating programs;
[Amended 7-8-2015 by Ord.
No. 2015-10]
[4]
Require that all personnel be trained and approve
training programs;
[5]
Grant temporary leaves of absence to members
of the Department with approval of the Mayor and Committee;
[6]
Submit the annual budget and proposed expenditure
programs to the Mayor or other appropriately designated officials;
[7]
Approve payment from allotted funds for operating
expenses and capital expenditures.
(m)
Graphic table of organization: A graphic table of
organization (T.O.), shall be maintained by the Chief of Police to
show the following:
[1]
The Waterford Township Police Department operational
structure.
[2]
The Waterford Township Police Department personnel
structure. The express function of each position will be as defined
by this chapter and within the rules and regulations of the Waterford
Township Police Department promulgated by the appropriate authority
but is not necessarily limited to the same.
(n)
In accordance with N.J.S.A. 40A:14-118, the Chief
of Police shall be responsible to the appropriate authority for the
performance of the Chief's duties. As such, the Chief of Police shall
be considered a subordinate in relation to the appropriate authority
and shall be duty-bound to obey any otherwise lawful direct orders
or policies of the appropriate authority in the discharge of his or
her duties. As such, the appropriate authority may issue such orders
directing the day-to-day performance of the Police Chief's duties
in any manner and to any degree not directly prohibited by law, specifically
including N.J.S.A. 40A:14-118 and case law thereunder, as applicable.
(2)
Executive Assistant: This is a top management position
with supervisory responsibility over police personnel to include duties
involved in the investigative process and charging members of the
department in the event misconduct is encountered. These duties, on
occasion, will also involve serving management's interests in support
of future negotiations with organizational bargaining units. The Executive
Assistant provides executive support services such as data processing,
accounting, purchasing, personnel and scheduling consistent with organizational
need.
(a)
This is a salaried, executive position, which falls
outside of any union representation or bargaining unit.
(b)
Additionally, the following duties are assigned, but
the position is not necessarily limited to same:
[1]
Edits detailed correspondence containing factual
content that may also convey management opinion concerning personnel
and related matters and programs.
[2]
Keeps currently informed of new and revised
personnel policy statements, regulations, directives, and other communications
received from the Township and develops plans and procedures for implementation
of such communications.
[3]
Assists in writing procedural instructions for
use in personnel manuals, bulletins, and management directives.
[4]
Collects data for and assists in preparation
of executive reports in support of Department activities.
[5]
Collects data for and assists in preparation
of executive aspects of the annual budget request.
[6]
Expedites services such as maintenance, repairs,
supplies and mail.
[7]
Grant development, application and management.
[8]
Assists with coordination of office operations
including clerical work, internal reporting systems, forms, space
and office equipment, and suggests methods for office improvements.
[9]
Plans, schedules, and/or attends meetings and
conferences, and prepares reports thereon.
[10]
Directs the establishment and/or maintenance
of records and files required for effective personnel and executive
operations resulting in efficient data retrieval.
[11]
Maintains and organizes executive administrative
police records consistent with approved record retention procedures
and schedules.
[12]
Performs alternative responsibilities of Executive
Assistant assigned to the Chief of Police.
[13]
Reviews and/or prepares routine correspondence.
[14]
Will be required to learn to utilize various
types of electronic and/or manual recording and information systems
used by the agency, office or related units.
[15]
Proficiency in various computer programs, including
but not limited to Microsoft Word, Excel, Access, etc.
[16]
Maintain confidential files including but not
limited to personnel, medical, disciplinary, firearms and expungement.
[17]
Develop forms, policies and procedures necessary
for the implementation and maintenance of an Integrated system of
personnel management.
(4)
Police Lieutenant. In the absence of a Chief of Police,
the Lieutenant with the most seniority will serve as the Chief Executive
Officer of the Department. The Chief and the Lieutenants shall not
take the same vacations, comp days or otherwise absent themselves
all at the same time from the Department or from availability to the
Department. At all times there will be at least one Lieutenant available
to the Police Department whenever the Chief is on vacation or out
of the area. The most senior ranking Lieutenant is second in command
of the Department; is directly responsible for the efficiency and
operation of all divisions; and is further assigned the following
responsibilities:
[Amended 7-8-2015 by Ord.
No. 2015-10]
(a)
Supervision. Closely supervise the activities of their
subordinates, making corrections where necessary and commending where
appropriate.
(b)
Leadership. Provide on-the-job training as needed
for efficient operation and coordination of effort when more than
one member or employee is involved.
(c)
Direction. Exercise direct command, when necessary,
in a manner that assures the good order, conduct, discipline, and
efficiency of subordinates. Exercise of command may extend to subordinates
outside their usual sphere of supervision if the police objective
or reputation of the Department so requires, or if no other provision
is made for personnel temporarily unsupervised. This authority shall
not be exercised unnecessarily. If a supervisor required a subordinate
other than his own to leave a regular assignment, the supervisor so
directing will inform the subordinate's own supervisor as soon as
possible.
(d)
Enforcement of rules. Enforcement of Department rules
and regulations and requiring compliance with Department policies
and procedures.
(e)
Inspection. Inspection of activities, personnel, and
equipment under their supervision and initiation of suitable action
in the event of a failure, error, violation, misconduct or neglect
of duty by a subordinate.
(f)
Assisting subordinates. Having a working knowledge
of the duties and responsibilities of his subordinates. Observing
contacts made with the public by his subordinates and being available
for assistance or instruction as may be required. He shall respond
to calls of serious emergencies, crimes in progress, assaults, and
others unless actively engaged in a police incident. He should observe
the conduct of the assigned personnel and take active charge when
necessary.
(5)
Police Sergeants: The Sergeants, during their tours
of duty, exercise the same authority and have the same responsibilities
as their Lieutenant, subject to the Lieutenant's authority. In the
absence of a Sergeant, the senior available member of the shift is
in charge, unless otherwise provided. When two supervisory officers
are assigned to the same command (i.e., a lieutenant and a sergeant
assigned to the same platoon), they will coordinate their time off
so that one is always present. In addition to the general and individual
responsibilities of all members and employees, the Sergeants are specifically
responsible for the following:
(a)
Command. The direction and control of personnel under
his command to assure the proper performance of duties and adherence
to established rules, regulations, policies, and procedures. He shall
provide for continuation of command and supervision in his absence.
(b)
Good order. The general good order of his command
during his tour of duty includes proper discipline, conduct, welfare,
field training, and efficiency.
(c)
Loyalty and esprit de corps. The development and maintenance
of esprit decorps and loyalty to the Department.
(d)
Discipline and morale. The maintenance of discipline
and morale within the command and the investigation of personnel complaints
not assigned elsewhere.
(e)
Organization and assignment. Organization and assignment
of duties within his unit to assure proper performance of Department
functions and those of his command.
(f)
Reports and records. Preparation of required correspondence,
reports, and maintenance of records relating to the activities of
his command. Assurance that information is communicated up and down
the chain of command, as required.
(g)
Reporting. Reporting as required by the Chief of Police.
(h)
Maintenance. Assurance that quarters, equipment, supplies
and material assigned to his command are correctly used and maintained.
(i)
Other such supervisory duties as may be assigned from
time to time.
(6)
Detective: Detective duties shall be carried out as
assigned by the Captain and Chief of Police, with emphasis in such
investigative assignments in the specialized areas as follows:
(a)
Initial and follow-up investigations of serious crimes,
vice crimes and other investigations specifically assigned by the
Chief of Police.
(b)
Preparation of cases for prosecution.
(c)
Recovery of stolen property.
(d)
Performance of all identification functions.
(e)
Prevention and control of juvenile delinquency.
(f)
Processing of juvenile offenders.
(g)
Maintaining liaison with the juvenile courts.
(h)
Crime prevention.
(i)
Evidence storage and control.
(7)
Patrol officers: Patrol officers are responsible for
performing a variety of duties related to the protection of life and
property, enforcement of criminal and traffic laws, prevention of
crime, preservation of the public peace, and the apprehension of criminals.
They will perform these duties as prescribed in Department orders
and as directed by their supervisors. In addition to these and the
general and individual responsibilities of all members and employees,
patrol officers are specifically responsible for the following:
(a)
Police mission. A patrol officer is responsible for
the accomplishment of the police mission on his patrol. He shall constantly
be alert for violations of the laws and ordinances and shall make
every effort to prevent breaches of the peace and offenses against
persons and property. He shall be held accountable for crime, accidents,
disorders, and other criminal conditions on his patrol beat or post.
(b)
Reporting for duty. He shall report promptly at the
designated hour and place, in proper uniform for assignment and inspection.
He shall listen attentively to orders and instructions of his superior
officers and read such materials as are made available to him. He
shall make written memoranda of such information as necessary and
shall immediately proceed to his post or beat upon completion of these
tasks.
(c)
Familiarization with patrol. A patrol officer shall
thoroughly familiarize himself with the Township. He shall be familiar
with all public businesses, offices, and their entrances, exits, skylights,
fire escapes, and other possible means of escape. While making security
checks of doors, he shall familiarize himself with the location of
safes and night lights. Changes in night lights will be particularly
noted.
(d)
Method of patrol. During his tour of duty, the patrolman
shall continuously patrol every part of his assigned area, giving
attention to and frequently rechecking locations where the crime hazard
is great. As far as possible, he shall not patrol his assigned area
according to any fixed route or schedule, but shall alternate frequently
and backtrack in order to be at the location least expected.
(e)
Unlocked buildings.
[1]
When a door or window is found open under suspicious
or unusual circumstances on any tour of duty, a patrol officer shall
make a thorough investigation and determine, if possible, whether
a burglary or other crime has been committed and whether the door
or window can be secured. He shall, if necessary, summon assistance
to examine the premises and to secure such doors and windows. He shall
notify his shift commander and the property owner.
[2]
Under circumstances indicating that an intruder
is still inside a building, the officer discovering same should immediately
summon assistance and then stand guard. When the assistance arrives,
he may enter and search the building.
(f)
Field interviews. When the occasion demands it, the
patrol officers shall courteously, but firmly, question persons on
the public streets as to their names, addresses, reason for being
on the street, and other matters relating to the circumstances. In
all cases, good judgment, probable cause, and discretion shall be
used in making a decision to arrest.
(g)
Traffic law enforcement. Patrol officers are charged
with the enforcement of all provisions of local and state traffic
codes. Failure to take appropriate action in traffic violation cases
is considered neglect of duty.
(h)
Complaint action. A patrol officer shall carefully
investigate all complaints on or near his patrol which are assigned
to him or which are brought to his attention by citizens. He shall
take suitable action in those cases which come under his jurisdiction
and inform interested parties of the laws or ordinances relative to
the particular complaint or incident. If the legal remedy of the complaint
lies outside the jurisdiction of the Police Department, he shall advise
the complainant accordingly and refer him to the proper authority.
(i)
Preliminary investigations. At the scenes of major
crimes, subject to direction from higher authority, the first officer
at the scene, after it has been established that the perpetrator is
no longer present, will begin the preliminary investigation (except
in the case of homicide or apparent homicide; in those instances,
the Chief of Police or Captain will be called to the scene immediately).
In all instances, members not assigned will not enter the premises
or do any other thing that might interfere with the investigation
or destroy evidence. In cases of homicide, the first duty of the patrol
officer is to guard the scene, exclude all unauthorized persons, and
detain all witnesses for interrogation.
(j)
Radio failure. Patrol officers shall pay strict attention
to all regular radio transmissions. When they fail to hear any radio
transmissions or time signals for a period not to exceed 15 minutes,
they shall immediately call the dispatcher for a special test. If
he fails to receive an acknowledgment, he shall immediately contact
the dispatcher or commander. In case of radio trouble, the officer
shall notify his shift commander and/or dispatcher of the nature of
the trouble.
(k)
Patrol officers will be further responsible for daily
performance standards and such other duties as defined by S.O.P.
It shall be the responsibility of all sworn
police members of the Police Department to enforce the laws of the
State of New Jersey and the Township of Waterford.
The pay for all Waterford Police Department
personnel will be as set forth in the Township Salary Ordinance and/or
the applicable labor contracts. Said ordinances and contracts will
be made available to the public by request through the Township Clerk's
office.
Waterford Township police officers are expected
to give their whole time and attention to their duties in serving
the public interest and public safety of/for the residents of Waterford
Township. They are required by police rules and regulations to be
armed at all practical times and are subject to duty recall when determined
to be necessary by the Chief of Police or other appropriate authority.
Additionally, there are certain private employment activities that
are in direct conflict with police power vested in the officer by
the Township of Waterford. Accordingly, effective upon passage of
this chapter, no Waterford Township police officer will be allowed
to "moonlight" in employment apart from their Township-held position
except as follows:
A.
Any officer wishing to moonlight must first submit
a written request through the Chief of Police, with his endorsement
recommending approval or not, to the appropriate authority for a permit
to do so. The request will contain all necessary information, to include
at a minimum: the type of employment; the hours to be worked; the
name, address and phone number of the prospective employer and company;
a certification from the employer that the duties will not involve
police powers, that there will not be any conflict with the officer's
police career, and that the company will provide the officer with
full insurance benefits to indemnify the Township and cover the officer
for his actions or inactions or if injured in the course of or during
actions arising out of or related to the prospective moonlighting
job. That is, the outside employer must provide proof of sufficient
insurance coverage to protect the Township against liability for tort
actions or other actions of the officer outside the officer's official
Police Department duties, and to defend and indemnify and hold the
Township and the officer harmless in any legal proceedings not arising
out of and not directly related to the lawful exercise of police powers
in furtherance of official police duties and related to the moonlighting
employment. Said permit will only be issued by the appropriate authority,
with the approval of the Mayor and Township Committee, for officers
who have been productive employees for the Township as documented
and certified by the Chief of Police. All such permits will be revoked
for employees whose performance deteriorates after the secondary employment
is started. The approved permit will be valid for a period of two
years and will need to be reapplied for within 90 days prior to expiration.
At any time this permit may be revoked by the Chief of Police, without
due process, if it impedes or diminishes the ability to attain the
departmental objectives of this agency in any way or compromises the
reputation of the Police Department.
[Amended 7-8-2015 by Ord.
No. 2015-10]
B.
Entrepreneurial endeavors (e.g., self employment) are strictly prohibited subject to the same permit requirements listed in Subsection A above. Additionally, no permits for those endeavors will be issued for any business conducted within the boundaries of Waterford Township. The appearance of impropriety (even in the absence of actual wrongful behavior) necessarily stemming from paying attention to such business practices on Township time and/or using police powers in regard to such business enterprises has arisen in the past and may be particularly troublesome.
[Amended 7-8-2015 by Ord.
No. 2015-10]
C.
Permit criteria. The following standards shall be
used to guide the appropriate authority in deciding requests from
officers to engage in off-duty employment as well as operation of
a business enterprise (i.e., self employment) off duty:
(1)
Whether the business/employment has the potential
to be aided or furthered by an officer's use of confidential information
that the officer is privy to solely by virtue of his police position,
whether or not the officer may actually so use such information, based
on the appearance and potential conflict created;
(2)
Whether the business/employment might tend to result
in a loss of departmental control or authority over the officer while
engaged in the business/employment beyond any loss of control over
other off-duty officers not so employed or engaging in their own private
business;
(3)
Potential for loss of the officer's police services
as a result of injury sustained in the alternate employment/business;
(4)
Whether the employment/business has the potential
to create the appearance that those who patronize the business or
place of employment might curry favorable treatment by the officer
in his police capacity or by the Department, or the appearance that
those who patronize a competitor of the business/employer might be
subject to unfavorable treatment by the officer or Department;
(5)
Whether the business/employment has the potential
to cause diminished physical and mental capacity of the officer while
on duty;
(6)
Whether the employment/business is in a publicly regulated
industry which might create actual or appearance of conflicts of interest,
even if with other branches or levels (e.g., state, county, municipal)
of government;
(7)
Whether the employment/business has the potential
for the creation of an appearance of favoritism among officers from
the operation of a joint enterprise among multiple police officers
holding different ranks on the police force when the same officers
exercise their supervisory authority over each other in the course
of their police duties;
(8)
The potential for possible pursuit of police time
or resources to pursue private employment/business functions;
(9)
The potential civil liability of the Township for
acts committed by the officer in the private employment/business;
(10)
Potential for the employment/business to affect the
reputation and effectiveness of the police force;
(11)
The potential for the officer to be involved in the
collection/accounts receivable aspects of the business/employment
such that those dealing with the officer in the employment/business
capacity might feel pressure/coercion in paying debts beyond that
which would be present if such activities were not performed by an
off-duty police officer;
(12)
Any other factor unique to the employment/business
request with the potential to create a conflict or appearance of conflict
with police employment.
D.
Divestiture. All employees currently moonlighting, conducting a side business, or involved in any form of secondary employment without the required permit will immediately submit written application for same or terminate such employment within two weeks and/or divest themselves of all side businesses prohibited in Subsection B above within 30 days. A violation of this chapter constitutes grounds for immediate removal from service as a Waterford Township police officer.
A.
Police officers employed by the Township of Waterford
shall be permitted off-duty police-related employment pursuant to
the provisions set forth herein. Off-duty employment shall not be
permitted if the police officer and/or outside contractor fail to
comply with the provisions set forth herein either prior to the commencement
of the employment or at any time during the period of employment.
B.
All off-duty police-related services performed by
a Waterford Township police officer shall be in his/her official capacity
as an employee of the Waterford Township Police Department and shall
be subject to the control and supervision of the Police Department.
C.
Waterford Township police officers are prohibited
from engaging in any employment for police-related services with any
private person, corporation or other entity except in the manner set
forth in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The person, corporation, or other legal entity employing
a Waterford Township police officer to provide off-duty police-related
services.
Any employment by a Waterford Township police officer for
police-related services where the source of compensation to the police
officer does not originate from the municipal budget line item for
police wages and salary.
A.
Contractors seeking to employ off-duty Waterford Township
police officers shall make said request through the Waterford Township
Police Department, to the attention of the Chief of Police. The request
shall be in writing, except in case of emergency, and shall include
the specific nature of the services desired.
B.
The Chief of Police or his designee may assign Waterford Township police officers for police-related services based upon a determination that the police-related services are required for the public safety. The cost for said police-related services shall be the responsibility of the person or entity on whose behalf the services are provided or the property owner whose property or activities on said property cause the need for police-related services. All costs shall be paid as set forth at § 50-13 hereof.
The Township Police Department shall maintain
a list of police officers who have volunteered for off-duty employment.
Assignment of off-duty police work shall be made in accordance with
a rotation list to be maintained by the Chief of Police. When a police
officer is assigned off-duty employment or if a police officer refuses
an assignment, the officer's name will be placed at the bottom of
the list.
Under no circumstances shall a police officer
be permitted to work more than 20 hours per week during a regularly
scheduled work week in off-duty employment, and off-duty employment
can be immediately terminated if the police officer performing said
work is required for emergency police duty for the Township of Waterford
as shall be determined by the Chief of Police.
Waterford Township police officers performing
off-duty police-related services for private contractors shall be
in full police uniform while said services are being provided. However,
Waterford Township police vehicles shall not be used by police officers
during the performance of off-duty police-related services unless
specifically authorized by the Chief of Police.
The Mayor and Township Clerk are hereby authorized
to execute a contract with the contractor for the services required,
which contract shall set forth, inter alia, the specific nature of
the services to be performed, the location that said services will
be performed, the dates and hours of service, payment arrangements,
arrangements for the use of police vehicles, arrangements for insurance
coverage, and any other provisions mandated by this chapter or any
law or regulation of the State of New Jersey.
A.
Any person or entity requesting the services of an
off-duty law enforcement officer in the Waterford Township Police
Department shall estimate the number of hours such law enforcement
services are required, which estimate shall be approved in writing
by the Chief of Police, and shall establish an escrow account with
the Chief Financial Officer of the Township by depositing an amount
sufficient to cover the rates of compensation and administrative fees
for the total estimated hours of service. A separate dedicated by
rider trust fund shall be established by the Township of Waterford,
and all funds collected and disbursed relating to off-duty employment
shall be made through said account.
B.
Prior to posting any request for services of off-duty
law enforcement officers, the Chief of Police or his designee shall
verify that the balance in the escrow account of the person or entity
requesting services is sufficient to cover the compensation and fees
for the number of hours specified in the request for services. The
Chief of Police shall not post a request for services from any person
or entity unless all fees and compensation required in the manner
described above have been deposited with the Chief Financial Officer.
No officer shall provide any such services for more hours than are
specified in the request for services.
C.
In the event the funds in such an escrow account should
become depleted, services of off-duty law enforcement officers shall
cease and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
D.
The person or entity requesting such services shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services.
E.
Salary
and fee schedule.
[Amended 7-8-2015 by Ord.
No. 2015-10]
(1)
Contractors hiring Township police officers for off-duty employment
shall be charged pursuant to the following schedule which includes
an hourly rate of pay for the police officer, the cost for the use
of the police vehicle, plus a fair and reasonable sum representing
the administrative costs, overhead and out-of-pocket expenses to the
Township of Waterford for providing this service:[1]
[Amended 6-14-2017 by Ord. No. 2017-16; 4-14-2021 by Ord. No. 2021-4; 4-27-2022 by Ord. No. 2022-8]
(a)
Traffic control.
(b)
Other traffic control.
(c)
Other police services.
(d)
Police vehicle fee.
(e)
Administrative fee.
(f)
When four or more officers are requested, the vehicle fee and
the administrative fee will be reduced by 50%.
(g)
There is a four-hour minimum per officer for all off duty employment
that is scheduled, unless it is cancelled at least two hours prior
to the start time of the event. If there is a delayed start there
will still be a four-hour minimum imposed.
(2)
The above mentioned rates will apply except when the job is funded
by Camden County in which instance the rate will be that which is
applicable according to current law and the amount received per hour
shall be paid to the officer.
F.
Contractor shall submit payment to Waterford Township
within five business days of receipt of said invoice. Failure of the
contractor to make payment within said five days shall result in the
immediate cessation of the police services being provided, and this
agreement shall be deemed terminated. In the event this contract is
terminated, the contractor shall forfeit all sums paid in advance
and Waterford Township shall have the right to pursue any remedy at
law for the collection of any amounts that may be due and owing for
the services provided prior to termination.
A.
Police officers performing off-duty police-related services for private contractors shall be paid for said services by the Township of Waterford at the rate set forth at § 50-13(e).
B.
All sums due a police officer performing off-duty
employment shall be paid subsequent to the submission of a voucher
which is approved by the Chief of Police or his designee.
The contractor shall be responsible for providing all necessary insurance coverages as required by law, including but not limited to workers' compensation and general liability insurance. Coincidental with the execution of the contract referred to in § 50-12, the contractor shall provide the Township with appropriate insurance binders insuring that the police officer and Waterford Township are provided general liability coverage with respect to the services to be provided and that the police officer is covered by appropriate workers' compensation insurance.
A.
To the fullest extent permitted by law, contractor
shall indemnify, defend, and hold harmless the Township of Waterford,
its agents and employees, from and against all claims, damages, losses,
liabilities and expenses, including but not limited to attorney's
fees and court costs, arising out of, resulting from or in any way
relating either directly or indirectly to:
(1)
The performance of the work;
(2)
Any and all claims made by said police personnel for
injuries and/or illnesses while performing the off-duty employment;
(3)
The breach by contractor of any of the terms and conditions
of the agreement;
(4)
The negligent or intentional acts or omissions of
the police and/or the contractor, its employees, agents, and/or subcontractors;
(5)
Bodily injury, sickness and/or disease, including
death at any time resulting from such bodily injury, sickness or disease,
sustained by any person while in, on or about the site and surrounding
areas where such injury, sickness, disease and/or death arose out
of or was in any way connected with the work of, the performance of,
or failure to properly perform the work;
(6)
Any liability based upon contractor's negligence imputed
to the Township of Waterford;
(7)
Damage to property of contractor, the Township of
Waterford or any other person or entity arising out of, incident to,
or in connection with the performance of the work;
(8)
Laborers, mechanics and materialmen's liens, and all
other liens and charges of every character whatsoever, arising out
of work to be performed by this agreement; and/or
(9)
Any other cause of action which may be brought against
the Township of Waterford arising out of or in any way relating to
the work and contractor's obligations hereunder.
B.
This indemnification and hold harmless agreement shall
apply in all instances whether the Township of Waterford is a plaintiff
or is made a direct party to the initial action or claim or is subsequently
made a party to the action by third-party in-pleading or is made a
party to a collateral action arising, in whole or in part, from any
of the issues from the original cause of action or claim.
A.
Jurisdiction/authority. The Police Department shall
come under the jurisdiction of the appropriate authority, which position
is hereby created pursuant to N.J.S.A. 40A:14-118. Said appropriate
authority shall be the entire Township Committee. The appropriate
authority shall be responsible for the promulgation, adoption, updating,
and/or ratification of rules and regulations for police personnel
which shall be known as the Rules and Regulations for the Police Department
of the Township of Waterford. (N.J.S.A. 40A:14-118)
[Amended 12-11-2019 by Ord. No. 2019-8]
B.
Policies to govern day-to-day operations. Pursuant
to N.J.S.A. 40A:14-118, the Chief of Police is directly responsible
to the appropriate authority for the efficiency and routine day-to-day
operations of the police force, and the Chief of Police performs his
duties "pursuant to policies established by the appropriate authority."
Therefore, the appropriate authority shall issue whatever policies,
which may be referred to as operational policies, general policies,
standard operating policies or otherwise, that are deemed appropriate
and necessary for the operation of the Department. Any such policies
promulgated by the Chief of Police shall require ratification by the
appropriate authority. Any such policies issued by the Chief shall
be submitted to the appropriate authority and will take effect 10
days later, absent a response from the appropriate authority to the
contrary; this provision to be referred to as the ten-day review rule.
All patrol officers are initially appointed
subject to a one-year probationary period. Sergeants, Lieutenants
and the Captain promotions are subject to a probationary period of
six months, after which the appropriate authority may make such promotions
permanent. In the event the appropriate authority does not make the
promotion permanent, the probationary period may be terminated without
the necessity of giving any cause for termination of said probationary
period, and the officer will revert back to the previous rank/position
held.
The appropriate authority shall, with the approval
and consent of the Mayor and Township Committee, appoint such special
law enforcement officers as he/she or they may deem necessary. They
shall be a part of the Police Department established herein and subject
to all the laws, rules and regulations governing the same. Pursuant
to N.J.S.A. 40A:14-146.8 et seq., the term of said appointment shall
be at the discretion of the Mayor and Township Committee, but in no
event shall exceed one year. The personnel referred to in this section
shall be compensated at such hourly rate as designated in the Township's
Salary Ordinance. Said personnel shall serve for the appointed term
only and at the compensation, if any, established by ordinance or
as modified or changed by the Mayor and Township Committee.
[Amended 7-8-2015 by Ord.
No. 2015-10]
The appropriate authority shall, with the approval
and consent of the Mayor and Township Committee, appoint such civilian
members of the Police Department to serve in the services division
as he/she or they may deem necessary. Said members are to provide
executive assistance to the Chief of Police, secretarial duties, dispatching
services, clerical duties and logistics in support of the Police Department.
Said positions will be one Executive Assistant to the Chief of Police
and one police records clerk and additional civilian staff as deemed
necessary.
The appropriate authority shall, with the approval
and consent of the Mayor and Township Committee, appoint, promote,
assign or reduce in force for reasons of economy all police personnel
employed by the Township of Waterford. Appointment of any additional
police personnel shall require an amendment of this chapter.
A.
All members of the Police Department shall be recommended
by the appropriate authority and appointed by and with the advice
and consent of the governing body, and are to hold their offices as
provided by law.
B.
No person shall be appointed a member of the Police
Department in the Township of Waterford who has failed, prior thereto,
to have duly executed and signed a written application for such employment,
upon a form supplied by the Township Clerk, requiring relevant data
to be submitted by the applicant therein, and shall have also indicated
therein his willingness to undergo a required preemployment physical
examination and a preemployment psychiatric examination.
C.
The hours of employment of the uniformed members and
officers of the Waterford Township Police Department shall not exceed
eight continuous hours in any one day nor more than 40 hours in any
one week.
D.
Appointments to new positions or offices or to fill
vacancies shall also be subject to state laws.
A.
Each applicant shall comply with all the laws of the
State of New Jersey pertaining thereto. No person shall be given or
accept a permanent appointment as a police officer in the Township
unless he has first been given a probationary or temporary appointment
to such office for a period of one year after successfully completing
a police training course at a school approved and authorized by the
Police Training Commission in the Department of Law and Public Safety
of the State of New Jersey, pursuant to the provisions of Chapter
56 of the Laws of 1961 and amendments thereto.
B.
No person shall be appointed to the Police Department
as a regular or probationary member unless, at the time of making
application, he is between the age of 18 and 35 years of age, except
as otherwise provided by law. The applicant shall be a citizen of
the United States of America, the State of New Jersey, and preference
shall be given to those applicants who have been residents of the
Township of Waterford for a period of at least six months prior to
the date of application. The Township Committee shall also require
that an applicant for or appointee to the Police Department successfully
complete a physical training test, a medical examination, a psychological
examination, an oral interview (to include a writing exercise with
a handwriting sample) by a panel to be determined by the Director
of Public Safety, and they must have attained a minimum of an Associate's
Degree from an accredited institution of postsecondary education,
The Township Committee may waive the educational requirement in lieu
of on-the-job police experience or completing acceptable active-duty
military service.
Each member of the Police Department shall,
before entering upon the performance of his duties, take and subscribe
an oath to bear true faith and allegiance to the government established
in this state, to support the Constitutions of the United States of
America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of his office. Such
oath or affirmation shall be filed with the Township Clerk.
A.
Hearing authority.
(1)
In the event of any disciplinary proceedings against
any member of the Police Department of the Township of Waterford,
the appropriate authority or his/her designee shall be the sole hearing
officer and person in charge of all such proceedings. The decision
of the appropriate authority shall be final. The right of appeal shall
be to the New Jersey Superior Court pursuant to N.J.S.A. 40A:14-150,
if and as applicable.
(2)
In the event the appropriate authority designates
a hearing authority other than himself/herself, and the designated
hearing authority is to be an officer within the Waterford Township
Police Department, only a person of greater rank than the person charged
may be so designated for that purpose. Whenever Special Counsel is
designated to be the hearing authority, prior approval must be obtained
by resolution of the Mayor and Township Committee. The decision of
said hearing authority shall be provided within 10 days to the appropriate
authority, who shall render the final and binding decision, both as
to violation and penalty, within 10 days from when he/she receives
the decision and supporting documentation such as a hearing transcript.
The time lines established herein are to be construed flexibly in
the interest of justice so that fair and reasoned decisions will follow.
Should the appropriate authority fail to act within 10 days or give
notice of necessary extension, the decision of the hearing authority
shall become final.
B.
Charging authority.
(1)
In the event a Waterford Township Police Department officer is to be charged in a disciplinary action and said employee is subordinate to the rank of the Chief of Police, only the Chief of Police or his/her designee may initiate such charges (N.J.S.A. 40A:14-118). In the event the office of the Chief of Police has been abolished through intentional vacancy, pursuant to § 50-2A, then the appropriate authority or his/her designee shall function as the charging authority. Failure to initiate charges when same are indicated may constitute a neglect or dereliction of duty [Gauntt v. Bridgeton, 194 N.J. Super. 468, 477 A.2d 381 (App. Div. 1984)], but the function of the charging authority may not be circumvented.
(2)
In the event the Chief of Police for the Township
of Waterford is to be charged in a disciplinary action against the
chief, the appropriate authority or Special Counsel named by the appropriate
authority to act on his/her behalf shall be the charging authority.
The appropriate authority is hereby empowered to name a designated
Special Council to function as an alternative charging authority without
prior Council approval in an emergency. This is necessitated by the
statutory time lines involved in the charging process. Notwithstanding
this authority, at the earliest opportunity the appropriate authority
shall inform Council of the action that he/she has taken and obtain
its approval.
(3)
Whenever any person, whether police officer, Special
Counsel, or the appropriate authority, serves in an investigative
capacity and/or as the charging authority relevant to a Waterford
Township Police Department disciplinary action; he/she may not thereafter
be designated as or serve as the hearing authority in that same disciplinary
action.
Disciplinary action against any member of the
Police Department shall be taken in accordance with N.J.S.A. 40A:14-147.
Any employee seeking to appeal disciplinary charges shall do so in
writing submitted to the office of the appropriate authority. Said
appeal shall be filed within five days, not including Saturdays, Sundays
and holidays, of the date said charges were served upon said employee.
In either event, the appropriate authority shall schedule a hearing
in accordance with the provisions of this chapter and state statute.
Administrative disciplinary charges sewed on any employee shall contain
the date, time and location for a prospective hearing as required
by statute. Any failure to submit the required written request for
an appeal would constitute an act of insubordination and may effect
the employee's rights pertaining to said statutory time lines, the
discovery proceedings, as well as other legal rights and remedies
appurtenant thereto.
The Mayor and Township Committee, or the appropriate
authority with governing body approval, may appoint a committee and/or
designate special counsel to conduct investigations of the operation
of the police force and may delegate to such committee or special
counsel any and all lawful powers of inquiry. The appropriate authority
or his designee for this purpose, or special counsel appointed by
the governing body, may examine the operations of the force or the
performance of any officer or member thereof. Any resolution of the
governing body appointing special counsel for the purpose of examining
or investigating the operation of the police force or the performance
of any officer or member thereof shall be considered to vest the examining
or investigating official or body with the authority to perform a
municipal investigation pursuant to N.J.S.A. 40:48-25 and the County
and Municipal Investigations Law, N.J.S.A. 2A:67A-1 to 4. Any such
subpoenas as authorized by N.J.S.A. 40:48-25 shall be in the name
of the appropriate authority. In conducting any such external investigation
or examination, the investigating or examining authority shall not
be bound by those internal affairs investigation guidelines or regulations
governing the Police Department in conducting its own internal investigations,
although all applicable statutory restrictions and particularly N.J.S.A.
40A:14-147 shall not thereby be circumvented.
Nothing herein contained shall infringe upon
or limit the power or duty of the appropriate authority to act to
provide for the health, safety or welfare of the municipality in an
emergency situation through special emergency directives. (N.J.S.A.
40A:14-118; 40A:14-146.9)
A.
Adoption and promulgation. The appropriate authority,
pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt
and promulgate rules and regulations for the governing of the Police
Department and for the discipline of its members with a view to making
the Police Department and all members thereof efficient, vigilant
and effective in the service of the Township of Waterford. Said rules
and regulations will be in manual form and shall be called the "Rules
and Regulations of the Police Department for the Township of Waterford"
and shall govern the conduct of and be binding upon the entire membership
of said Police Department. Said rules and regulations shall provide
for discipline of the members of the police force. In the event of
any mutually inconsistent provisions between the police ordinance
and the rules and regulations, the ordinance shall govern; however,
both shall be interpreted so as to give full affect to both this chapter
and the rules and regulations wherever possible.
B.
Distribution: The Rules and Regulations shall be distributed through
Power DMS as follows: An electronic copy will be issued to and electronically
signed for by each employee of the Police Department for the Township
of Waterford. A copy will be maintained by the Township Clerk for
the personnel designated as "special officers" and to provide public
access to same.
[Amended 7-8-2015 by Ord.
No. 2015-10]
C.
Members' responsibility for manuals. No Police Department
operating policies will be inserted as part of this manual unless
and until properly assimilated by the appropriate authority. Each
police officer and each civilian employee is duty-bound to thoroughly
familiarize himself/herself with the provisions of the police manual.
Failure to comply shall be considered neglect of duty. In the event
neglect of duty is charged against a member for failure to observe
the rules and regulations or Department procedures or orders, ignorance
of any provision of this manual will not be accepted as an excuse.
[Amended 7-8-2015 by Ord.
No. 2015-10]
