[HISTORY: Adopted by the Township Committee of the Township of Boonton 3-25-1985 by Ord. No. 335; amended in its entirety 8-23-1993 by Ord. No. 487. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 15.
Mutual aid — See Ch. 19.
[Amended 8-27-2001 by Ord. No. 642]
There is hereby established in and for the Township of Boonton a Police Department which shall consist of a Chief of Police, not more than two Lieutenants, not more than six Sergeants, and not less than seven nor more than 12 patrolmen.
The Township Committee shall be designated as the appropriate authority as provided in the New Jersey Statutes, N.J.S.A. 40A:14-118. It shall be responsible for the overall performance of the Police Department, and it shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Township Committee for its efficiency and day-to-day operations. Pursuant to policies established by the Township Committee, the Chief of Police shall:
A. 
Administer and enforce rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all members and officers.
D. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control.
E. 
Report at least monthly to the Township Committee in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Township Committee.
All members of the Boonton Township Police Department shall be appointed by the Township Committee in accordance with N.J.S.A. 40A:14-118 et seq. and the terms of this chapter.
A. 
Each member and officer shall be a citizen of the United States, be of good moral character, sound in body and in good health and be able to read, write and speak the English language well and intelligently. In addition, every member and officer shall be a high school graduate and shall comply with all eligibility requirements as set forth in the laws of the State of New Jersey. Commencing with the effective date of this amendment, each applicant for membership in the police force shall have earned at least 60 college credits from an accredited college or university or have completed four years of active military service concluding with an honorable discharge. No person shall be appointed to the police force who has not been a resident of the State of New Jersey for at least six months prior to the date of appointment.
[Amended 3-10-2014 by Ord. No. 830]
B. 
No person shall be appointed or retained as an officer or member of the Police Department who has been convicted of a crime constituting an indictable offense or one involving moral turpitude or who is not within the age limits as specified by law. Nothing herein contained shall be construed to prohibit the continuance in office or employment of any person who was employed by the Township of Boonton in the capacity of a policeman at the time of the adoption of Ordinance No. 263 in 1966.
C. 
No person shall be given a permanent appointment as an officer or member of the Police Department unless: he has passed a medical and psychological examination; he has satisfactorily passed an examination given by the New Jersey State Association of Chiefs of Police; and he has received a certificate of completion from the Police Training Commission in accordance with the laws of the State of New Jersey.
Each person hereafter appointed to the Department shall first serve a probationary period of 12 months from the date of his appointment. During the probationary period, he shall be known as a "probationary officer." At the termination of said probationary period, the appointment as an officer shall become final upon the recommendation of the Police Chief and the consent of a majority of the members of the Township Committee. However, the Township Committee, for good cause shown, may, by resolution, waive the probationary period or any part thereof for any appointee who has had previous experience as a police officer and who otherwise meets the qualifications as set forth in the Police Ordinance of the Township of Boonton and the laws of the State of New Jersey.
Disciplinary action shall be taken against members of the Police Department in accordance with the rules and regulations adopted by resolution pursuant to § 28-13 of this chapter. The Chief of Police, however, may file a written complaint with the Township Committee in accordance with N.J.S.A. 40A:14-147, setting forth charges against a member or officer of the Police Department. Said complaint shall be filed with the Township Clerk who will immediately forward it to the Township Committee. A copy of said complaint shall thereafter be served upon the member or officer so charged. The copy served upon the officer so charged shall contain a notice of hearing setting forth the date and time of the hearing which shall be held by the Township Committee not less than 10 nor more than 30 days from the date of service of the complaint. A failure to comply with the provisions of this section as to the service of the complaint shall require a dismissal of the complaint. On the designated date, the Township Committee will conduct a disciplinary hearing. No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations.
Before entering upon the duties of his office and within five days after his appointment, each member of the Police Department shall take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of his appointment as a member of the Police Department and in accordance with the statutes of the State of New Jersey relating to the oath to be taken.
Each member of the Police Department shall devote his entire time and attention to the duties of the Department, subject to the laws of the State of New Jersey and the employment contract then in force with the Township of Boonton, with respect to the number of days per week and the number of hours per day such members shall be and remain on duty.
The powers and duties of the police and members of the Police Department shall be as prescribed by the laws of this state, the ordinances and resolutions of the Township of Boonton and such rules and regulations as may now or hereafter be adopted for the government and discipline of the Department. All members of the Department shall have the power to serve and execute all processes issued by the Municipal Judge of the Township and in accordance with the laws of the State of New Jersey.
[Amended 9-12-2022 by Ord. No. 911]
A. 
The Township Committee may appoint from time to time special law enforcement officers in accordance with New Jersey Statute, N.J.S.A. 40A:14-146.8, et seq., for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statues during their term in office, but shall not be members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and the power of arrest.
B. 
There shall be three classifications of special law enforcement officers. The Police Training Commission shall prescribe by rule or regulation the training standards to be established for each classification. The classifications shall be based on the duties to be performed by the special law enforcement officer, as follows:
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Township ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited. No Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class Two. 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.
(3) 
Class Three. Officers of this class are 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 on the school premises during hours when the public or nonpublic school is normally in session or when it is occupied by public or nonpublic school students and/or its teachers. The total number of Class Three Special Law Enforcement Officers appointed by the Township Committee at any given time shall not exceed four persons.
C. 
No person may be appointed as a special law enforcement officer unless the person:
(1) 
Is a resident of this state during the term of appointment.
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(3) 
Is sound in body and of good health.
(4) 
Is of good moral character.
(5) 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.
(6) 
Has successfully undergone the same psychological testing that is required of all full-time police officers in the Township.
(7) 
Shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
(8) 
Meets with all other criteria and requirements set forth in N.J.S.A. 40A:14-146.10, including that the person does not simultaneously serve as a permanent law enforcement officer, or special law enforcement officer for more than one local unit at any given time.
D. 
In addition to the qualifications established in Subsection C. of this section, a person shall not be appointed as a Class Three Special Law Enforcement Officer unless the person:
(1) 
Is a retired law enforcement officer who is less than 65 years; for the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer's return to employment violates any federal or state law or regulation which would deem the officer's retirement as not being bona fide;
(2) 
Had served as a duly qualified, fully trained, full-time office in any law enforcement position eligible for participation in the Police and Firemen's Retirement System or in any federal or bi-state law enforcement agency or as a member of the State Police and was separated from that prior service in good standing;
(3) 
Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;
(4) 
Possesses a New Jersey Police Training Commission Basic Police Officer Certification, New Jersey State Police Academy Certification, or other proof of basic police training approved by the Police Training Commission;
(5) 
Is able to successfully complete all required pre-appointment and post appointment screening, evaluation and training processes.
(6) 
Is subject to annual appointment for a term that matches the beginning and ending dates of school days for faculty in an academic year.
(7) 
Be subject to any and all training and/or continuing education, including firearm qualification, as may be prescribed by the Chief of Police.
(8) 
Has completed the training course for safe schools resource officers developed pursuant to Subsection a. of Section 2 of P.L. 2005, c. 276 (N.J.S.A. 52:17B-71.8); and
(9) 
Is hired in a part-time capacity.
NOTE: For the purposes of this subsection, “good standing” shall exclude retirement resulting from injury or incapacity.
[Amended 9-12-2022 by Ord. No. 911]
The compensation of the Chief of Police and members of the Police Department shall be determined by the Township Committee by ordinance. Such compensation shall be pursuant to contract in such amount or amounts as shall be negotiated between the individuals involved or their representative and the Township Committee or its representative and approved as part of the Township budget. The salaries and compensation of all special law enforcement officers shall be determined by the Township of Boonton Committee by ordinance.
A. 
The Township Committee may prescribe and establish such rules and regulations respecting the Department and its operation and make provisions for the acquisition of such apparatus, equipment and vehicles as it may deem necessary or useful for the Police Department.
B. 
The Township Committee shall, by resolution, from time to time as in its judgment may seem necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and members thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members of the Police Department shall be subject to such rules and regulations and penalties.
[Added 7-10-2023 by Ord. No. 926]
A. 
Members of the Boonton Township Police Department may engage in private police work when written permission is obtained from the Chief of Police for such work in accordance with the provisions set forth hereinafter or when members of the Township Police Department are otherwise required to be contracted by persons or entities for traffic control services in accordance with Chapter 143, Article VI, Traffic Controls for Street and Highway Construction and Maintenance Operations, §§ 143-51 through 143-59, of the Code of the Township of Boonton.
B. 
The provisions herein establish the policies a procedure for the employment of off-duty Township police officers for "extra-duty" (off-duty) details. "Extra-duty" details shall mean any off-duty employment by a business, organization or individual ("hiring entity/person") of a Township police officer to engage in police-related activities, such as patrolmen to direct traffic at shopping centers, construction sites, or office complexes, as well as serving as security at shopping centers, construction projects, as required under Chapter 143, Article VI, Traffic Controls for Street and Highway Construction and Maintenance Operations, and other environments. Acceptances of such extra-duty employment by Township Police shall be strictly voluntary, and the acceptance or declination of such employment is not a condition of employment.
[Added 7-10-2023 by Ord. No. 926]
Any hiring entity/person required to or wishing to employ Township police officers for extra-duty employment, including for required road closures, shall adhere to the following:
A. 
Requests for services. A hiring entity/person shall submit a written request for extra-duty employment stating the nature of the employment as well as the times and dates the employment is requested to the Township Chief of Police or his or her designee. Approval shall be denied if, in the opinion of the Chief of Police, such employment would be inconsistent with the efficient functioning and good reputation of the Township Police Department, is inappropriate for any reason in the opinion of the Chief of Police or would unreasonably endanger or threaten the safety of the officer or officers who are to perform the work. In no case may an entity licensed to serve alcohol contract with the Township to provide off-duty police officers for extra duty work. All requests for extra-duty services shall be submitted at least five business days' prior to the requested date of services. Requests made after that time will be charged at the short notice rates provided herein.
B. 
No interference with Township duties. Township police officers shall be employed by private employers only in the capacity of a police officer and only during off-duty hours, at such times as will not interfere with the efficient performance of regularly scheduled and/or emergency duty for the Township, generally within the boundaries of the Township of Boonton. Such availability of Township police officers/personnel will be subject to the Township's need which might require the withdrawal of such officers at any time.
C. 
Written agreement. No hiring entity/person shall employ a Township police officer for extra-duty employment without first having entered a signed written agreement with the Township. Said written agreement shall be in accordance with the provisions of this chapter and must be accompanied by a certificate of insurance that has been approved in accordance with this chapter. Such agreement shall be filed with the Township of Boonton Police Department and Township Municipal Clerk.
D. 
Prepayment of wages and fees. All wages and fees must be remitted by the hiring entity/person to the Township Chief Financial Officer in full prior to the performance of extra-duty employment. A hiring entity/person shall be required to estimate the number of hours such law enforcement services and vehicles/equipment required, which shall be approved, in writing, by the Chief of Police. The hiring entity/person shall be responsible for ensuring sufficient funds are paid prior to services rendered to avoid any interruption of services. Under no circumstances shall the wages and fees for extra-duty employment be paid from municipal funds.
E. 
Administration of wages and fees. The Township shall administer any and all wages and fees for extra-duty police work through its dedicated police off-duty employment trust fund, which has been approved by rider from the state. Any attempt by private persons or the hiring entity/person to contract directly with, and make payments directly to, a police officer is strictly prohibited.
F. 
Overtime and pension. Wages earned for outside extra-duty employment by any 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.
G. 
Assumption of liability. The hiring entity/person shall assume any and all liability arising out of extra-duty police work, whether such liability is direct or vicarious, including, but not limited to, liability arising from travel to and from a job location and services rendered during a shift.
H. 
Liability insurance.
(1) 
Each person or entity that shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his, hers or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Township of Boonton as an additional insured by endorsement on the policy. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Township of Boonton, as provided hereafter, prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned insurance for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.
(2) 
Workers' compensation insurance. Prior to the commencement of any extra-duty employment, the hiring entity/person shall deliver to the Township a certificate of workers' compensation; such policy shall provide for a minimum coverage of $1,000,000 for any one claim and shall otherwise be reasonably satisfactory to the Township as to amounts of coverage, types of coverage, deductibles and insurers. The hiring entity/person must include the Township as an additional insured under its workers' compensation policy through endorsement.
(3) 
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 a 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.
(4) 
Such insurance coverage shall be provided on a primary and noncontributory basis, and shall name the Township of Boonton, the Township of Boonton Police Department, and the Township of Boonton's officers as an additional insured.
(5) 
A policy endorsement evidencing the additional insured coverage and a certificate of insurance is required to be submitted to the Township Administrator and Township Police Chief at the time the contract is provided to the Township, establishing proof of such insurance.
(6) 
No certificate of insurance required by this subsection shall be deemed filed with the Township Clerk unless it has first been reviewed and approved by the Township Risk Manager and Township Attorney.
I. 
Employment status. While performing extra-duty employment, police officers shall be considered to be performing services for the hiring entity/person.
J. 
Indemnification. Prior to the performance of any police services by Township of Boonton law enforcement officers, the person or entity requesting such services shall agree, in writing, to defend, indemnify and hold harmless the Township of Boonton, and the Township of Boonton's elected, appointed and hired officers, officials, administrators, agents and employees for, from and against any and all liability, claims, losses, suits, actions, demands, damages, costs and attorneys' fees and costs of suit, that arise from, whether actual or alleged, in whole or in part, the activities or actions of the extra-duty police work, whether such liability is direct or vicarious. This requirement shall be construed as broadly in favor of indemnification as permitted by New Jersey law.
K. 
Emergencies. The Chief of Police or his/her designee shall have the authority to order any police officer engaged in off-duty assignments within the Township of Boonton to respond to an emergency situation within the Township of Boonton. The Chief of Police or his/her 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 police officer and/or citizens of the Township of Boonton. In the event a police officer is assigned to an emergency situation, the Police Chief or his/her designee shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty officer is called to an emergency situation, the private person or entity shall not be responsible for payment of the time in which the off-duty officer was removed from said off-duty assignment, but shall be responsible for such time for the off-duty police officer when after the off-duty police officer returns to the assignment with the off-duty employer.
[Added 7-10-2023 by Ord. No. 926]
The hiring entity/person shall be fully responsible for the payment of extraneous employment of any off-duty police officers/personnel, use of police vehicles of the Township of Boonton, and an administrative fee. The hourly rates, equipment charges, and administrative fees for same shall be as set forth in the rate schedule for "off-duty police officer" and "contract utilization of police vehicle" at Part II, Chapter 82, Fees, of the Code of the Township of Boonton. The hourly rates, additional costs for short notice, and cancellation charges shall generally be based on the following parameters:
A. 
Off-duty police officer rates and minimum charges. The rate of salary for extraneous off-duty police services for all police officers shall be 1 1/2 times the regular hourly pay for a senior patrolman. There shall be a minimum charge of four hours for any extra-duty services that are for less than four hours. Any entity/person requesting officers to work over four hours shall be billed at a minimum of eight hours.
B. 
Short notice hourly rates. Any requested assignment received less than five business days in advance of the requested off-duty assignment shall be subject to an additional short notice surcharge of 10% the above applicable hourly rates.
C. 
Cancellation. Any assignment canceled by the hiring entity/person on less than two hours' notice shall be subject to a charge against the entity's/person's escrow account as a four-hour minimum charge assignment based on the hourly rates set forth in Chapter 82 of the Code of the Township of Boonton.
[Added 7-10-2023 by Ord. No. 926]
A. 
To ensure the timely payment of wages to Township police officers for off-duty police services, there is hereby established an account within the trust fund of the Township of Boonton to be known as the "Outside Employment Police Escrow Account," which account shall be dedicated to the receipt of collected fees from persons or entities and for the payment of wages to police officers for off-duty outside police employment services.
B. 
Any person or entity requesting the services of a police officer or special police officer shall estimate the number of hours on a monthly basis that such police officer's services are required. This estimate shall be submitted, in writing, to the Chief of Police or designee for review and approval. Upon the Chief of Police's review of same, he/she shall approve or reject the estimate in writing. The approval shall be based on the prior month's actual number of hours, if same are available.
(1) 
Once approved, the hiring entity/person shall establish an escrow account with the Township's Chief Financial Officer by depositing the approved estimated amount sufficient to cover the rates of compensation, equipment, and administrative fees set forth below for the total estimated hours of service.
(2) 
Prior to posting any request for service of off-duty police, the Chief of Police or his/her 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/equipment for more hours than are specified in the request for services.
(3) 
In the event the funds in such an escrow account should become depleted, services for off-duty police 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.
(4) 
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.
C. 
At least five business days' prior to the commencement of the outside employment services, the person or entity requesting the services of the police officer shall deposit with the Chief Financial Officer of the Township an amount sufficient to cover the rates of compensation and administrative fees set forth in this section for the total estimated hours of service that were submitted to the Chief of Police or designee in accordance with this section.
D. 
In a situation where the number of hours required is unknown and cannot be reasonably estimated, the person or entity requesting the services of the police officer shall deposit with the Chief Financial Officer an amount sufficient to cover the rate of compensation and administration fees for the equivalent of 10 working days. Any unused portion of the deposit will be returned or credited against the final amount owed.
E. 
In the event the funds of the escrow account become depleted, the services of the police officer shall cease until such time as additional funds have been deposited in the escrow account in the manner set forth above. In the event of an unforeseen emergency situation that would require a police officer to remain beyond the time for which funds have been deposited, the Chief of Police designee may waive the requirement for posting additional funds for any person or entity exhibiting a previously satisfactory payment history. However, payment for the additional hours shall be made by the person or entity requiring the extended service within 48 hours of the performance of the services.
F. 
The person or entity requesting the services of a police officer shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
G. 
All public utility companies that are under the jurisdiction of and regulated by the New Jersey Board of Public Utilities and the Board of Education of the Township of Boonton are exempt from the provisions of this section requiring advance payment to the escrow account. However, all of the foregoing entities shall, within 20 business days of the date of the invoice for services rendered, forward payment in full for said services to the Chief Financial Officer of the Township. This exemption shall not apply to any contractor or subcontractor hired by the public utility company. The contractor or subcontractor shall be required to make advance payment to the escrow account established herein.