[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 6-9-1999. Amendments noted where applicable.]
A Police Department is hereby created and established in the Township of Colts Neck to consist of a Chief of Police and such members and officers as shall be deemed necessary by the Township Committee which shall, from time to time, determine the number or persons, including temporary officers and members in an emergency, to be appointed to these positions, together with their compensation. In addition, the Police Department shall also consist of support personnel, which is deemed to include lay employees of the Police Department. Such support personnel, however, shall not be entitled to the rights, privileges and benefits attendant to police officers as defined in the statutory and common law of the State of New Jersey.
The Township Committee shall be designated as the appropriate authority as provided in the New Jersey Statutes. The Chief of Police shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
Editor's Note: See N.J.S.A. 40A:14-118.
The Police Department shall consist of the following offices and positions, which are hereby created and which shall rank in the following order:
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Township Committee may also require that the appointed officer successfully complete a physical, mental and psychological examination. All officers, as defined in § 51-3, the Chief of Police, Lieutenant of Police, Sergeants of Police, Corporals of Police, Police officers, special police officers and support personnel shall be appointed to office by resolution of the Colts Neck Township Committee. All police officer appointments may last for a probationary period of up to one year or such other extended probationary period as allowed by applicable state statute. No probationary officer shall accept or receive a permanent appointment unless he or she has successfully mastered the requirements for that appointed position, as set forth herein, and in other relevant statutes and regulations. At the termination of the probationary period, if the conduct, capacity or performance of the probationary officer has not been satisfactory, he or she shall be notified, in writing, that he or she will not receive absolute/permanent appointment and his or her services shall be terminated by the township. No probationary police officer shall be given or accept a permanent appointment unless he or she has successfully completed a police training course at an approved school.
The Police Department shall:
Preserve the public peace;
Protect life and property;
Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Colts Neck;
Direct and control traffic;
Provide attendance and protection during emergencies;
Provide appearances in court; cooperate with all other law enforcement agencies; and
Provide training for the efficiency of its members and officers.
The Township Committee may appoint from time to time special law enforcement officers in accordance with New Jersey Statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular 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.
Editor's Note: See N.J.S.A. 40A:14-146.10.
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. In any disciplinary hearing of a member or officer, the Township of Colts Neck Administrator or his/her designee shall preside as the hearing officer.
Whenever an officer of the Police Department is a defendant in any action or legal proceeding arising out of and directly related to the lawful exercise of police powers, the Township Committee shall provide such member or officer with reasonably necessary means for the defense of said action or proceeding, but not for defense costs in a disciplinary proceeding instituted by the township or in a criminal proceeding instituted as a result of a complaint on behalf of the township. If any such criminal proceeding instituted by or on behalf of the township or the State of New Jersey shall be dismissed or finally determined in favor of the member or officer, he or she shall be reimbursed for the reasonable expense of his or her defense.
[Amended 11-9-2005; 9-9-2010]
"Outside employment" shall be employment that is separate and apart from an officer's employment and responsibilities as an officer for the Township. Such employment shall include but not be limited to additional occupations such as landscaping and lawn services.
Prior to engaging in any outside business or employment, a member or employee of the Police Department shall request permission to do so from the Chief of Police through channels in the approved form. The decision of the Chief of Police to approve or deny permission to work outside the Department is final and subject only to appeal to the Township Committee.
Special assignments or "road jobs" shall include but not be limited to private security or managing traffic for private functions. Whenever the Chief of Police or his designee determines that special 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 the special assignments for which the Township shall be compensated at the rate set from time to time by resolution. Such agreements shall be in accordance with the following standards:
The party requesting the assignment shall execute and deliver an agreement in a form approved by the Township Committee by resolution from time to time. The Chief of Police or his designee shall be authorized to execute any such agreement, provided that it has been submitted in the form approved by resolution.
The Township shall be responsible to provide all necessary claims for damages for personal injury, including death or damage to property which may arise or result from the Township's performance under the contract.
The party requesting the assignment of police officers shall indemnify and hold harmless the Township from any and all claims made by said police officers for injury or illness while performing outside employment assignments for said party. In addition, the party shall hold the Township harmless from any and all claims made by any third party for injury, illness or damage to property arising out of the special assignment of a police officer.
Any and all outside employment assignments shall be determined and approved by the Chief of Police or his designee. The Chief of Police or his designee may assign a patrol vehicle for use in performing special assignments if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty.
The work to be performed shall be considered "special assignment from independent contractors" and will not be considered direct assignment or duty on the job through the Township. The appointment of any and all special assignments shall be in accordance with a system established and administered by the Chief of Police.
All requests for discovery in matters pending in the Colts Neck Township Municipal Court shall be submitted through the Municipal Prosecutor.
The following fees shall be payable by the requestor to the Township of Colts Neck for the discovery provided:
Seventy-five cents per page for each of the first 10 pages photocopied.
Fifty cents per page for each of the next 10 pages photocopied.
Twenty-five cents per page for each of the pages photocopied thereafter.
If an accident report is requested other than in person, an additional fee of $5 for the first three pages, and $1 per page thereafter. (N.J.S.A. 39:4-131).
Actual postage for any discovery sent by mail.
Twenty-five cents for the envelope for any discovery sent by mail.
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of $5 per videotape.
On any item that cannot be photocopied on the Township copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
Where the discovery must be obtained from an entity other than the Township of Colts Neck, e.g., another police department, the actual costs paid to the other entity shall be paid by the requestor.
All fees are payable in advance. All checks and money orders are to be made payable to: Township of Colts Neck. Receipts will be available upon request.
Copies of reports will be available to the public Monday through Friday, 8:00 a.m. to 4:00 p.m., except holidays.