Township of Harrison, NJ Police Department

The Police Department Table of Organization shall consist of not more than the following positions, at the sole discretion of the Township Committee:

[Amended 12-7-2015 by Ord. No. 28-2015; 6-3-2019 by Ord. No. 21-2019; 12-16-2019 by Ord. No. 36-2019; 2-3-2020 by Ord. No. 03-2020]

One Chief of Police.

One Captain.

Two Lieutenants.

Six Sergeants.

Four Corporals.

One Detective Sergeant.

(g)

Two Detectives.

(h)

Eighteen patrolmen.

(i)

Special law enforcement officers as permitted by the Special Law Enforcement Officer’s Act, N.J.S.A. 40A:146.8 et seq.

In the event that the position of Chief of Police is vacated as a result of death, illness, incapacity, or any other reason, the Captain shall temporarily assume the position of officer in charge.

The Chief of Police shall be the executive and supervisory officer of the Police Department and is responsible to the Township Committee for its proper functioning.

Officers of the Department shall rank in the order set forth above, and rank seniority shall be determined by date of advancement to that rank.

The senior ranking officer on duty on any shift shall be in charge of the Department during the shift unless relieved by an officer of higher rank.

The Police Department shall come under the jurisdiction of the appropriate authority, which position is created pursuant to N.J.S.A. 40A:14-118. The Mayor shall be designated as the appropriate authority. Should there be any temporary or interim absence of the Mayor, the Director of Public Safety may serve as the appropriate authority on an interim basis.

[Added 9-17-2018 by Ord. No. 30-2018[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsections B through D as Subsections C through E, respectively.

The appropriate authority shall be responsible for the promulgation, adoption, updating and/or ratification of rules and regulations for police personnel, and for the discipline of its members, which shall be known as the "Rules and Regulations for the Police Department of the Township of Harrison."

[Amended 9-17-2018 by Ord. No. 30-2018]

The Mayor shall, at the organization meeting of the Township Committee each year, appoint one member of the Township Committee to serve as Director of Public Safety and one member of the Township Committee to serve as Deputy Director of Public Safety, each for a term of one year.

[Amended 2-22-2011 by Ord. No. 04-2011; 8-15-2011 by Ord. No. 39-2011]

The Director of Public Safety shall be in general charge of the Police Department, subject to the limitations of N.J.S.A. 40A:14-118 relating to the Chief of Police's responsibilities to govern day-to-day operation. In the absence of the Director of Public Safety or in the event of his/her inability to act, the Deputy Director of Public Safety shall perform the duties of the Director and, when so acting, shall have all the powers of and be subject to all the restrictions of the Director. The Deputy Director of Public Safety shall perform such other duties as from time to time may be assigned to him/her by the Director.

[Amended 2-2-2011 by Ord. No. 04-2011; 9-17-2018 by Ord. No. 30-2018]

§ 53-3 Appointment and qualifications.

All members of the Police Department shall be appointed by the Township Committee.

Except as otherwise provided by law, no person shall be appointed as a member of the Police Department unless he:

Is a citizen of the United States.

Is sound in body and of good health sufficient to satisfy the Board of Trustees of the police and firemen's retirement system of New Jersey as to his eligibility for membership in retirement system.

Is able to read, write and speak the English language well and intelligently.

Is of good moral character, and has not been convicted of any criminal offense involving moral turpitude.

Is a resident of New Jersey, except persons recently discharged from military service as provided for by N.J.S.A. 40A:14-123.1.

Is at least 21 years of age and not over 35 years of age, except the Chief of Police as provided for by N.J.S.A. 40A:14-163.

(7)

Is able to pass such physical examination as may be prescribed by the Director of Public Safety and the Township Committee.

(8)

Is able to pass such written and oral examinations as may be prescribed by the Director of Public Safety and the Township Committee.

(9)

Is a holder of a valid New Jersey driver's license.

(10)

Has been appointed by the Township Committee as a probationary officer and has successfully served a probationary period of one year, during which time he has satisfactorily performed his duties as a probationary officer, and during which time he shall not be a member of the Police Department.

[Amended 12-7-2015 by Ord. No. 28-2015]

(11)

Has successfully passed the basic weapons safety course at a police academy approved by the New Jersey Police Training Commission.

§ 53-4 Special policemen.

The Township Committee may at the organization meeting each year hereafter and also whenever it shall deem necessary appoint special policemen for terms not exceeding one year and may revoke such appointments at any time without cause or hearing.

Such special policemen shall not be members of the Police Department or police force, and their powers and duties shall cease at the expiration of the terms for which they were appointed or on revocation of their appointments. They shall, at the expiration or revocation of the terms for which they were appointed, return all uniforms and equipment that may have been issued to them.

Such special policemen shall have the same powers and duties as members of the Police Department, but shall not be members of the Department and shall not carry a revolver or similar weapon when off duty.

Except as otherwise provided by law, no person shall be appointed as a special policeman unless he:

Is a citizen of the United States;

Is able to read, write and speak the English language well and intelligently;

Is sound in body and of good health;

Is of good moral character;

Has not been convicted of any criminal offense involving moral turpitude; and

Has taken and successfully passed the basic weapons safety course at any generally recognized police training school or institution.

§ 53-5 Oath of allegiance.

Every member of the Police Department and every special policeman shall before entering upon the performance of his duties take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey, and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Township Clerk.

§ 53-6 Duties of Chief of Police.

[Amended 3-7-2011 by Ord. No. 10-2011]

The Chief of Police shall have the following powers and duties:

Shall be executive head of the Police Department;

Shall be directly responsible for the conduct, efficiency and management of the Department;

Shall be subject to and responsible for enforcement of the rules and regulations established by the appropriate authority for the Department and shall be subject to the orders of the Director of Public Safety;

Shall instruct all members of the Police Department and special policemen in their duties and shall give particular attention to the instruction and training of members of the Department and special policemen;

Shall supervise all members of the Department and performance of their duties;

Shall ascertain the eligibility and qualifications of all applicants for membership in the Police Department and of special policemen;

(7)

Shall keep or supervise the keeping of all reports and records concerning the activities of the Department;

(8)

Shall confer with the Director of Public Safety from time to time and shall within 10 days after the end of each calendar month make a written report to the appropriate authority as to the activities of the Police Department during the previous calendar month and shall in such report also make such recommendations as he shall deem advisable and appropriate for the betterment of the Department; and

(9)

Shall perform and be responsible for all duties provided by law and required of other police officers.

As used in this section, "appropriate authority" means the Mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, or the governing body or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body operates.

Except as provided herein, the municipal governing body and individual members thereof shall act in all matters relating to the police function in the municipality as a body, or through the appropriate authority if other than the governing body.

Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on 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.

§ 53-7 Duties of police officers and special policemen.

All members of the Police Department and all special policemen shall have the following powers and duties:

Shall have the powers and duties provided by law;

Shall preserve peace and good order within the Township;

Shall lend aid and assistance to distressed, injured and infirm persons; and

Shall enforce the laws of the United States and the State of New Jersey and the ordinances of the Township of Harrison, in the County of Gloucester.

§ 53-8 Rules and regulations.

[Amended 9-17-2018 by Ord. No. 30-2018]

The appropriate authority may from time to time make, amend or repeal, by resolution or ordinance of the Township Committee, such rules and regulations as they may deem necessary or proper concerning the powers and duties of the Chief of Police, police officers and special policemen and the regulation and control of the Police Department and the conduct and decorum of members of the Department and of special officers.

All such rules and regulations shall be in writing, signed by the appropriate authority and shall be filed in the office of the Township Clerk and in the office of the Chief of Police and shall be conspicuously posted in the headquarters of the Department.

§ 53-9 Removal and discipline.

Except as otherwise provided by law, no permanent member of the Police Department shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of the rules and regulations established for the government of the Police Department, nor shall such member be suspended, removed, fined or reduced in rank from office or employment or position therein, except for just cause and then only upon a written complaint setting forth the charges against such member and upon proceedings in accordance with the law in such case made and provided.

§ 53-10 Compensation.

The compensation of the members of the Police Department and special policemen shall be fixed by the Salary Ordinance of the Township of Harrison, in the County of Gloucester.[1]

[1]

Editor's Note: The Salary Ordinance is on file in the office of the Municipal Clerk.

§ 53-11 Extra-Duty Employment.

[Added 8-19-2013 by Ord. No. 25-2013]

Purpose.

The purpose of this section is to set forth guidelines to govern the employment of Township of Harrison police officers for "extra- duty" (off-duty) details within the Township of Harrison or within other local municipalities and which extend beyond their regular assigned duties and responsibilities.

Members of the Township of Harrison Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township as determined by the Township of Harrison Chief of Police. Acceptances of such assignments by the police officers are strictly voluntary, and the acceptance or declination of such assignments is not a condition of employment.

Definitions. For the purpose of this section, the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings:

EMPLOYER: Any individual, partnership, corporation, business entity or other organization, located either within or outside of the Township of Harrison.

EXTRA DUTY: Any employment when a police officer is not scheduled for a shift of duty by the Township of Harrison Police Department and that is conditioned on the actual or potential use of law enforcement powers by the police officer employee. This shall be limited to employment as a security guard, traffic control officer or plainclothes surveillance officer.

PLAINCLOTHES SURVEILLANCE OFFICER: A position of employment involving the wearing or carrying of a Township of Harrison Police badge or the carrying of a firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1.

POLICE OFFICER: Any class of police officer of the Township of Harrison.

SECURITY GUARD: A position of employment involving the wearing of a Township of Harrison uniform, badge, and/or the carrying of a firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1.

TRAFFIC CONTROL OFFICER: A position of employment involving the wearing of a Township of Harrison Police uniform while directing traffic within or outside the Township of Harrison.

WHILE IN THE EMPLOY OF THE EMPLOYER: All times when a police officer is scheduled for and does work for an outside employer as "extra duty."

WORKER'S COMPENSATION INSURANCE: All forms of insurance, including self-insurance, required under N.J.S.A. 43:15-1 et seq.

Requirements.

Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted if in the opinion of the Chief such employment would not be inconsistent with the efficient functioning and good reputation of the Township of Harrison Police Department, and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.

Assignments shall be a minimum of four hours; cancellation of an assignment with less than one hour notice shall be subject to this minimum.

No employer shall employ a Township of Harrison police officer for extra duty without having first filed with the Township of Harrison Clerk a certificate of insurance. The certificate shall evidence comprehensive general liability and automobile liability in the amount of not less than $1,000,000 any one occurrence and worker's compensation with "statutory limits" with respect to injuries and/or damages suffered or caused by police officers while in the employ of the employer.

All policies of insurance evidenced by any certificate filed hereunder shall be maintained by the employer in full force and effect at all times while any police officer is employed by such employer. Upon the change or renewal of any such policy of insurance, the employer shall forthwith file with the Township Clerk a new and current certificate of insurance in compliance with the foregoing provisions.

No certificate of insurance required by this section shall be deemed filed with the Township Clerk unless it has been first approved by the Township Risk Management Consultant.

Escrow account.

Except as provided herein, any person or entity requesting the services of an off-duty police officer of the Township of Harrison 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 Township Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth herein for the total estimated hours of service.

If the amount required to be deposited with the Township exceeds $20,000, an escrow deposit of $20,000 shall be required. Said $20,000 deposit shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $20,000, and then such lesser amount shall be required to be maintained.

(c)

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.

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.

State, county and municipal bodies and agencies and public schools shall be exempt from the requirements for the posting of an escrow deposit.

The Township of Harrison Chief of Police, with the concurrence of the Township of Harrison Treasurer, may waive escrow requirements for assignments of less than five hours in total with employer history of reliable payment or other indications of prompt and timely payment.

Any employer who employs a police officer for extra duty without first having complied with the requirements as set forth shall be subject to a fine of $500 for each day that it employs the police officer.

(7)

Any police officer who accepts or continues extra-duty employment with an employer who has not complied with the requirements of this section, shall be deemed in violation of the rules and regulations of the Police Department and shall be subject to appropriate discipline. The police officer shall, prior to accepting or continuing extra-duty employment, ascertain from the prospective employer whether it has complied with the provisions hereof. If the employer has not yet complied, the police officer shall not accept the prospective extra-duty employment.

(8)

At no time shall payment in the form of cash be exchanged between an employer and any police officer.

(9)

Officers assigned to extra-duty details shall be attired as prescribed by the Department's Uniform Policy. Officers shall be attired in the requisite and appropriate uniform or "plain clothes" that is determined to be best suited by the Chief of Police for the nature of the extra-duty detail. Officers shall be subject to all rules and regulations of the Township of Harrison Police Department.

(10)

Officers working any form of traffic-related detail shall comply with all applicable safety standards.

(11)

An officer on an extra-duty assignment shall take police action in response to any serious police matter coming to their attention at any time, and are additionally expected to respond to emergency situations in the Township of Harrison if the extra duty assignment is within the immediate area. All officers are subject to recall to duty if an emergency arises in the Township of Harrison.

(12)

In order to be eligible for extra-duty employment, a police officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be eligible to engage in extra-duty employment. Officers who are found to be performing extra duty assignments when they have called out sick for regular-duty work within the Township of Harrison shall be subject to disciplinary action.

(13)

Wages earned for outside, extra-duty employment by any Township of Harrison police officer shall not be applied toward the pension benefits of the police officer so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime payable by the Township of Harrison.

(14)

The Township of Harrison reserves the right to decline to approve any outside employment.

(15)

Each employer of a police officer for extra duty must sign in advance a hold-harmless indemnification agreement stating that said employer will release, defend and indemnify the police officer, the Police Chief, the Police Department, the Harrison Township Committee members, Harrison Township and any agent, officer, employee thereof and save them harmless from and against any and all claims, actions, damages, liability and expenses, including but not limited to court costs and reasonable attorney's fees, without regard to fault, in connection with or arising out of any acts or omissions by the Harrison Township police officer in performing the extra duty subject to said employer's agreement with the Township of Harrison or in connection with or arising out of that agreement between said employer and the Township of Harrison or Township of Harrison Police Department for such extra-duty assignment.

Procedure.

All requests for extra-duty assignments shall be forwarded to the Township of Harrison Chief of Police and through the use of the attached form. Requests for assignments for a period of one week or longer shall be submitted at least 10 days before such services are required. Any prospective employer shall be apprised of any applicable Township codes, ordinances, rules and regulations, and policies and procedures.

The Chief of Police shall ensure:

Compliance with this policy and all applicable Township codes and ordinances, Departmental rules, regulations, policies and procedures, and other applicable contracts, agreements, laws and regulations.