Special law enforcement officers may be appointed
in the Borough of Eatontown in accordance with the provisions of this
article and the provisions of N.J.S.A. 40A:14-146.8, Special Law Enforcement
Officers Act, and all amendments thereto. Appointments of special
law enforcement officer s shall be made by the Mayor and Council of
the Borough of Eatontown. There may be appointed such number of said
special law enforcement officer s as may be required.
[Amended 5-8-2019 by Ord.
No. 01-2019; 9-25-2019 by Ord. No. 21-2019]
There shall be three classes of special law
enforcement officers based upon the duties to be performed as follows:
A. Class 1. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
Said officers shall have the power to issue summonses for parking
violations and violations of municipal ordinances. The use of a firearm
by an officer of this Class shall be strictly prohibited, and no Class
I Officer shall be assigned any duties which may require the carrying
or use of a firearm.
B. Class 2. 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. Each Class 2 special law enforcement
officer shall have satisfactorily completed a Class 2 training
program with a certificate stating the category of certification from
the Police Training Commission. If qualified, the Class 2 officer
shall only be allowed to wear a firearm for court attendant duty,
prisoner transport duty or when specifically authorized by the Chief
of Police or other authorized official.
C. Class 3. Officers in this class shall, in addition to the qualifications
established in Section 3b of N.J.S.A. 40A:14-146.10 as amended, shall
meet the following requirements:
[Amended 5-8-2019 by Ord.
No. 01-2019]
(1) Be a retired law enforcement officer who is less than 65 years of
age; for purposes of this subsection, a law enforcement officer shall
not be considered retired if the officer's returned to employment
violates any federal or state law or regulation which would deem the
officer's retirement as not being bona fide;
(2) The officer must have served as a duly-qualified, fully-trained,
full-time officer in any municipality or county of this State, or
member of the State Police, and was separated from the prior service
in good standing, within three years of appointment. The time limitations
pertaining to separation from service set forth in this subsection
shall not apply to a retired law enforcement officer whose duties
as a municipal or county police officer or member of the State Police
included working in a public or nonpublic school or county college;
(3) The officer must be physically capable of performing the functions
of the position determined in accordance with Police Training Commission
Guidelines;
(4) The officer must possess a New Jersey Police Training Commission
Basic Police Officer Certification or New Jersey State Police Academy
Certification;
(5) The officer must have completed the training course for Safe Schools
Resource Officers developed pursuant to N.J.S.A. 52:17B-71.8; and
(6) The officer must be hired in a part-time capacity.
No person shall be appointed as a special law
enforcement officer unless the person:
A. Is a resident of this state during the term of the
appointment.
B. Is able to read, write and speak the English language
well and intelligently and has a high school diploma or its equivalent.
C. Is of sound body and good health.
D. Is of good moral character.
E. Has not been convicted of any offense involving dishonesty
or which would make him unfit to perform the duties of his office.
F. Has successfully undergone psychological testing,
which is required of all full-time police officers of the Borough.
G. Shall have had fingerprints taken, which shall be
filed with the Division of the State Police and Federal Bureau of
Investigation.
H. Is not serving as a regularly appointed full-time
police officer of any municipality or public official with responsibility
for selecting law enforcement policy or exercising authority over
the budget of the Borough or supervision of the Police Department
of the Borough.
Every applicant for appointment as a special
law enforcement officer shall submit a written application, verified
under oath, setting forth his qualifications for the position and
other data in the form and manner as hereafter may be prescribed by
the governing body.
Before any special law enforcement officer is
appointed pursuant to this article and applicable New Jersey statutes,
the Chief of Police or other designated official or, in the absence
of the Chief, another chief law enforcement officer of the Borough
of Eatontown, shall ascertain the eligibility and qualifications of
the applicant and shall report these determinations in writing to
the Mayor and Council of the Borough of Eatontown.
Special law enforcement officers may be employed
to serve for no more than. the number of hours prescribed by applicable
provisions of the Special Law Enforcement Officers Act.
Every special law enforcement officer, prior
to the commencement of his or her duties, shall be furnished with
a uniform that shall identify the officer's function. The uniform
shall include, but not be limited to, a hat, appropriate badges that
shall bear an identification number or name tag and the name of the
Borough. 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 type of certification
issued pursuant to this article. All special law enforcement officers,
prior to the commencement of duties, shall be in uniform properly
displaying the appropriate insignia. Nothing in this section shall
preclude the designation on an insignia to read either "Special Police"
or "Special Law Enforcement Officer."
This article shall take effect immediately upon
passage and publication as required by law.