[Ord. No. 54-2015]
The Mayor of the Township of Wayne may, as he/she deems necessary,
appoint special law enforcement officers sufficient to perform the
duties and responsibilities permitted by this article as authorized
by N.J.S.A. 40A:14-118 and within the conditions and limitations as
may be established pursuant to the Special Law Enforcement Officers'
Act.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
[Ord. No. 54-2015]
Special law enforcement officers may be appointed for terms
not to exceed one (1) year.
[Ord. No. 54-2015; Ord. No. 31-2018]
A.
Class One and Two — SLEO I and II. No person may be appointed
as a Wayne special law enforcement officer SLEO I and II unless the
person:
(1)
Is a resident of the Township of Wayne in the County of Passaic,
State of New Jersey, during the term of appointment.
(2)
Is able to read and speak the English language well and intelligently;
or
(3)
Possesses a high school diploma or its equivalent.
(4)
Is sound in body and of good health.
(5)
Is of good moral character.
(6)
Has not been convicted of any crime of the first, second, third or
fourth degree, as designated by the Criminal Code of New Jersey, that
constituted an indictable offense or that involved moral turpitude
or, at time of application, is undergoing or awaiting court action
of any kind in regard to such a crime.
(7)
Has successfully undergone the same psychological testing that is
required of all full-time police officers.
(8)
Each applicant shall be at least 21 at the time of appointment to
a full time position in the Department as evidenced by a certificate
of birth.
(9)
Every applicant appointed for the position of special law enforcement
officer shall have fingerprints taken and subjected to a criminal
background check.
(10)
No person shall be appointed to serve as a special law enforcement
officer in the Township of Wayne during which time he/she is presently
a special law enforcement officer in another local unit within the
State of New Jersey, nor shall a regularly appointed full-time police
officer of any local unit within the State of New Jersey be appointed
as a special law enforcement officer in the Township of Wayne. No
public official with responsibility for setting law enforcement policy
or exercising authority over the budget of the Township of Wayne or
supervision of the Wayne Police Department shall be appointed as a
special law enforcement officer.
(11)
Before any special law enforcement officer is appointed pursuant
to the Special Law Enforcement Act, the Chief of Police or, in his
absence, other chief law enforcement officer of the Township of Wayne
shall ascertain the eligibility and qualifications of the applicant
and report those determinations in writing to the appointing authority.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-118 et seq.
(12)
Any person who at any time prior to his appointment had served
as a duly qualified, fully trained, full-time officer in any municipality
of this state and who was separated from that prior service in good
standing shall be eligible to serve as a special law enforcement officer
consistent with guidelines promulgated by the Commission. Training
requirements set forth in this subsection may be waived by the Commission
with regard to any person eligible to be appointed as a special law
enforcement officer pursuant to the provisions of this subsection.
No person may commence his duties as a special law enforcement officer
unless he has successfully completed a training course approved by
the Commission, and no special law enforcement officer may be issued
a firearm unless he has successfully completed the basic firearms
course approved by the Commission for permanent, regularly appointed
police and semiannual requalification examinations.
B.
Class Three SLEO III Officers. No person may be appointed as a Wayne
special law enforcement officer SLEO III, unless the person:
(1)
Is 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, and must
be living in New Jersey.
(2)
Retired from that agency in good standing (necessary to have a letter
of good standing issued by the agency from which officer retired),
listing the date and type of retirement. A copy will be submitted
to the Police Training Commission (PTC).
(3)
Is less than 65 years of age at time of appointment.
(4)
Passes a psychological exam.
(5)
Passes a medical exam and has a doctor complete the Medical Certification
Form (Form PTC 8A).
(6)
Passes a Drug Test pursuant to Attorney General's Law Enforcement
Drug Testing Policy.
(7)
Has an updated background investigation.
(8)
Limited Break in Service: During the first year of the program (July
1, 2017 to June 30, 2018), a new SLEO III's break in service may not
exceed 5 years. Starting on July 1, 2018, a new SLEO III's break in
service may not exceed 3 years.
C.
Once the SLEO III is appointed, the Township shall ensure that the
SLEO III:
(1)
Completes SRO training within 12 months of being appointed.
(2)
Conforms to Attorney General's Mandatory in-service training requirements.
(3)
Is a uniformed officer, displaying the Special Law Enforcement Officer
Class III patch provided by the Police Training Commission.
(4)
Acts under the authority of Police Department.
(5)
Completes Agency Training.
(6)
Is appointed yearly and is less than 65 years of age (can only be
reappointed up to age 65).
(7)
Adheres to any other required mandates by the Police Training Commission.
[Ord. No. 54-2015; Ord. No. 31-2018]
There shall be three classifications for special police officers.
A.
Class One — S.L.E.O. I.
(1)
Officers of this class shall be authorized to perform routine traffic
detail, spectator control, similar duties, issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations to Title 39 of the Revised Statutes.
(2)
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.
(3)
There shall be no more than 20 Class One officers.
B.
Class Two — S.L.E.O. II.
(1)
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 firearms 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 Commission.
C.
Class Three — S.L.E.O. III.
(1)
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
or a county college, on the school or county college premises during
hours when the public or nonpublic school or county college is normally
in session or when it is occupied by public or nonpublic school or
county college students or their teachers/professors. While on duty
in the jurisdiction of employment, an officer may respond to offenses
or emergencies off school or county college grounds if they occur
in the officer's presence while traveling to a school facility or
county college, but an officer shall not otherwise be dispatched or
dedicated to any assignment off school or county college property.
D.
The total complement of special law enforcement officers shall not
exceed 25% of the total number of regular officers.
[Ord. No. 54-2015]
A.
Every special law enforcement officer's uniform shall include an
insignia issued by the Commission which clearly indicates the officer's
status as a special law enforcement officer and the type of certification
issued pursuant to the Special Law Enforcement Act.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-118 et seq.
B.
The Township of Wayne shall not be required to compensate a special
law enforcement officer for time spent in training.
C.
Special law enforcement officers 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 of Wayne.
D.
Special law enforcement officers shall comply with all of the rules
and regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Township of Wayne, as well
as any rules and regulations applicable to the conduct and decorum
of special law enforcement officers.
E.
The Chief of Police or, in the absence of the Chief, other chief
law enforcement officer of the Township of Wayne wherein the officer
is appointed may at his discretion authorize special law enforcement
officers, when on duty, to exercise the same powers and authority
as permanent, regularly appointed police officers of the Township
of Wayne, including but not limited to the carrying of firearms and
the power of arrest, subject to rules and regulations, not inconsistent
with certifications of the Special Law Enforcement Act.[2]
[2]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
F.
The Chief of Police or, in his absence, other chief law enforcement
officer may assign special law enforcement officers of the First and
Second Class to perform authorized duties not to exceed 20 hours per
week.
(1)
Special law enforcement officers may be assigned without limit during
periods of emergency.
(2)
The Chief of Police or, in his absence, other chief law enforcement
officer may designate one special law enforcement officer to whom
the limitations of hours set forth in this Article shall not be applicable.
G.
The uniform of special law enforcement officers shall be determined
by the Chief of Police.
[Ord. No. 54-2015]
A.
No special law enforcement officer may carry a firearm except while
engaged in the actual performance of the officer's official duties
and when specifically authorized by the Chief of Police or, in the
absence of the Chief, other chief law enforcement officer of the Township
of Wayne to carry a firearm, and provided that the officer has satisfactorily
completed the basic firearms course required by the Commission for
regular police officers and annual requalification examination as
required for permanent, regularly appointed full-time officers of
the Township of Wayne.
(1)
A special law enforcement officer shall be deemed to be on duty only
while he is performing the public functions on behalf of the Township
of Wayne and assigned by the Chief of Police or in his absence, other
chief law enforcement officer and when he is receiving compensation,
if any, from the Township of Wayne at the rates established by the
Chief of Police.
(2)
Private security duties.
(a)
A special law enforcement officer shall not be deemed to be
on duty for purposes of the Special Law Enforcement Act while performing
private security duties for private employers which duties are not
assigned by the Chief of Police or, in his absence, other chief law
enforcement officer of the Township of Wayne or while receiving compensation
for those duties from a private employer.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
(b)
A special law enforcement officer may, however, be assigned
by the Chief of Police or, in his absence, other chief law enforcement
officer to perform public safety functions for a private entity if
the Chief of Police or other chief law enforcement officer supervised
the performance of the public safety functions. If the Chief of Police
or other chief law enforcement officer assigns the public safety duties
and supervises the performance of those duties, then, notwithstanding
that the Township of Wayne is reimbursed for the cost of assigning
a special law enforcement officer at a private entity, the special
law enforcement officer shall be deemed to be on duty.
B.
Ownership and supply of firearms.
(1)
Any firearm utilized by a special law enforcement officer shall be
returned at the conclusion of the officer's workday to the officer
in charge of police headquarters, unless the firearm is owned by the
special law enforcement officer and was acquired in compliance with
a condition of employment established by the Township of Wayne, prior
to the enactment of the Special Law Enforcement Officers Act.[2]
[2]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
(2)
Any special law enforcement officer first appointed after October
1, 1986, shall only use a firearm supplied by the Township of Wayne.
C.
No special police officer shall carry a handgun when off duty.
[Ord. No. 54-2015]
Special law enforcement officers shall not accept any police-related
employment without the prior approval of the Chief of Police. The
Chief of Police shall have the sole discretion to approve the police-related
employment of any special law enforcement officer.
[Ord. No. 54-2015]
Any organization or contractor that desires to hire special
law enforcement officers shall submit the request in writing to the
Chief of Police on a form prescribed by the Chief of Police. The organization
or contractor shall hold the Township harmless from any and all claims
that may arise as a result of the assignment of the special law enforcement
officer to the organization or contractor. In addition, the organization
or contractor shall submit with its application a certificate of insurance
that shows evidence of not less than $1,000,000 in both personal liability
and comprehensive general liability insurance and $300,000 in property
damage coverage. A nonprofit, religious or charitable organization
may submit a certificate of insurance in coverage amounts less than
those set forth herein upon the organization's representation contained
in its request that obtaining the required coverage would impose an
undue hardship on the organization.
[Ord. No. 54-2015]
The organization or contractor that hires a special law enforcement officer shall pay a fee to the Township as established in Chapter 75, Fees.
