A Police Department has been established in the Borough and
may consist of the following police officers:
E. One
Detective whose duties shall be in addition to his duties as a police
officer or as a police patrolman and whose qualifications must be
determined and approved by the Chief of Police and the Chairman of
the Police Department.
F. One
Juvenile Officer whose duties shall be in addition to his duties as
a police officer or as a police patrolman and whose qualifications
must be determined and approved by the Chief of Police and the Chairman
of the Police Department.
G. Police
patrolmen as deemed necessary.
All members of the Police Department shall be governed by the
rules and regulations of the most recent management plan adopted by
the Mayor and Council.
The salary of the members of the Police Department shall be
as established in the Salary Ordinance.
The Police Department shall be under the supervision of the
Borough Council and under the immediate direction of the Police Committee
of the Borough Council.
The Borough Council may by a supplemental ordinance prescribe
and establish rules and regulations respecting such Department for
the better government and discipline thereof.
The Chief of Police shall be the head of the police force and
that he shall be directly responsible to the appropriate authority
for the efficiency and routine day-to-day operations thereof, and
that he shall, pursuant to policies established by the appropriate
authority:
A. Administer
and enforce rules and regulations and special emergency directives
for the disposition and discipline of the force and its officers and
personnel;
B. Have,
exercise, and discharge the functions, powers and duties of the force;
C. Prescribe
the duties and assignments of all subordinates and other personnel;
D. Delegate
such of his authority as he may deem necessary for the efficient operation
of the force to be exercised under his direction and supervision;
E. Report
at least monthly to the appropriate authority in such form as shall
be prescribed by such authority on the operation of the force during
the preceding month, and make such other reports as may be requested
by such authority;
F. Be
responsible for the observation and enforcement of all laws of the
state and ordinances within the jurisdiction of the Police Department;
the enforcement of the rules and regulations of the Police Department;
and shall perform such other duties as shall be prescribed by ordinance
of the Borough Council and the laws of the State of New Jersey;
G. See
that all persons connected with the Department are properly instructed
in their duties and shall give particular attention to the training
and instruction of new members thereof; and
H. Have
under his control all records and property of the Police Department
and designate any member of the Department to prepare these reports
and keep the records in such manner as he may prescribe, as well as
take charge of such property and any other property coming into the
custody of the Department.
The Captain of Police shall, in addition to the duties required
of all members of the Police Department, keep himself informed as
to the operation and management of the Department and, in the absence
or incapacity of the Chief of Police, the Captain shall become the
temporary head of the Police Department, discharging all of the duties
of the Chief of Police while acting as the temporary head of the Department.
During the absence or incapacity of the Chief of Police, the members
of the Police Department shall carry out all orders and instructions
issued by the Captain.
The Lieutenant of Police shall, in addition to the duties required
of all members of the Police Department, keep himself informed as
to the operation and management of the Department and, in the absence
of the Chief of Police, and the Captain, become the temporary head
of the Police Department, discharging all of the duties of the Chief
of Police while acting as the temporary head of the Department. During
the absence or incapacity of the Chief of Police and the Captain,
the members of the Police Department shall carry out all orders and
instructions issued by the Lieutenant of Police.
The Sergeant of Police shall, in addition to the duties of all
members of the Police Department, keep himself informed as to the
operation and management of the Department and, in the absence of
superior officers, assume the duties of the Chief of Police. The members
of the Police Department shall carry out all orders and instructions
issued by the Sergeant of Police.
Any complaint, charge or charges made against a member of the
Police Department shall be made in accordance with N.J.S.A. 40A:14-147.
[Added 10-27-2009 by Ord.
No. 2009-015]
A. Applicability; agreement required. Whenever the Chief of Police or
his designee determines that extra duty assignments shall be performed
for a party requesting private or quasi-public duty, the Chief of
Police or his designee shall enter into an agreement providing for
extra duty assignments for which the Borough shall be compensated
at the rate set from time to time by resolution, which rates shall
include an additional administrative fee. Such agreement shall be
in accordance with the following standards:
(1) The party requesting the assignment shall execute and deliver an
agreement in a form approved by the Borough Council by resolution.
The Chief of Police or his designee shall be authorized to execute
any such agreement, provided that is has been submitted in the form
approved by resolution.
(2) The Borough shall be responsible to provide all necessary insurance
coverage as required by law, including but not limited to worker's
compensation, public liability and claims for damage for personal
injury, including death or damage to property which may arise or result
from the Borough's performance under the contract.
(3) The party requesting the assignment of police officers shall indemnify
and hold harmless the Borough from any and all claims made by said
police officers for injury or illness while performing extra duty
assignments for said party. In addition, the party shall hold the
Borough harmless from any and all claims made by any third party for
injury, illness or damage to property arising out of the extra duty
assignment of a police officer.
(4) Any and all extra duty assignments shall be determined and approved
by the Chief of Police or his designee, who shall be authorized to
establish written rules and regulations governing the utilization
of Borough of Spring Lake police officers for contracted police services
by entities other than the Borough. In addition, the Chief of Police
has the authority to determine the appropriateness of any assignment
and, if he does not believe the assignment is appropriate, he has
the authority to deny the request for use of police officers. The
Chief of Police or his designee may assign a patrol vehicle for use
in performing extra duty if and in the event it is determined that
the use of a patrol vehicle is necessary to perform the contracted
duty. In the event a patrol vehicle is used in performing extra duty,
the party requesting such vehicle shall be responsible for the payment
of an additional "vehicle use" charge in the amount set by resolution.
(5) The taking of any and all extra duty assignments shall be on a voluntary
basis in accordance with a system established and administered by
the Chief of Police.
(6) Any and all payments due under any such agreement shall be paid within
15 days from the date of billing. Interest shall be charged at the
rate of 12 percent per annum of any amount billed for which payment
has not been made within 15 days. The delinquent party shall be liable
for all costs, fees and attorney's fees associated with the collection
of any amounts due. The Borough has established a Dedication by Rider
Trust Fund for the purposes of collecting such fees for and paying
for extra duty assignments. The Borough reserves the right to require
an advance escrow deposit for any requesting party if deemed necessary
to ensure the prompt and full payment of all charges due.
B. Suspension or termination of assignment. The Chief of Police or his
designee shall have the authority to order any police officer engaged
in contracted police services within the Borough of Spring Lake to
respond to an emergency situation. The Chief of Police or designee
shall also have the right to order any off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or to the general public.
In the event that a police officer is assigned to an emergency situation,
the Police Chief or designee shall make notice of that emergency situation,
as well as the time said officer was removed from said off-duty assignment.
In any situation where a contracted police officer is called to an
emergency situation, said the contracting entity shall not be responsible
for the payment of the officer's hourly rate, administrative fee or
any other fees to the Borough of Spring Lake until such time as said
police officer and/or equipment returns to the assignment with the
contracted entity.
C. Exception. This section shall not apply to police officers serving
on any prosecutorial task forces as may from time to time be established
or other duty assignments during which police officers are assisting
any law enforcement agencies.