[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 6-9-1999.[1] 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.
[Amended 5-14-2014]
The Township Committee shall be designated as
the appropriate authority as provided in the New Jersey Statutes.[1] 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.
[1]
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:
A.
Preserve the public peace;
B.
Protect life and property;
C.
Detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Township of Colts Neck;
D.
Direct and control traffic;
E.
Provide attendance and protection during emergencies;
F.
Provide appearances in court; cooperate with all other
law enforcement agencies; and
G.
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[1] 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.
[1]
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]
A.
"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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[Amended 2-23-2005]
A.
All requests for discovery in matters pending in the
Colts Neck Township Municipal Court shall be submitted through the
Municipal Prosecutor.
B.
The following fees shall be payable by the requestor
to the Township of Colts Neck for the discovery provided:
(1)
Seventy-five cents per page for each of the first
10 pages photocopied.
(2)
Fifty cents per page for each of the next 10 pages
photocopied.
(3)
Twenty-five cents per page for each of the pages photocopied
thereafter.
(4)
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).
(5)
Actual postage for any discovery sent by mail.
(6)
Twenty-five cents for the envelope for any discovery
sent by mail.
(7)
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.
(8)
Duplication of videotapes constitutes an extraordinary
duplication process and will be charged at the rate of $5 per videotape.
(9)
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.
C.
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.
E.
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.
F.
Copies of reports will be available to the public
Monday through Friday, 8:00 a.m. to 4:00 p.m., except holidays.
