[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.]
[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.
