[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 20 of
the 1971 Code. Amendments noted where applicable.]
There is hereby created and established in the
Borough of Beach Haven, in the County of Ocean, a Police Department
which shall be known and designated as the "Police Department of the
Borough of Beach Haven, in the County of Ocean."
[Amended 6-23-1997 by Ord. No. 97-11; 3-12-2007 by Ord. No.
2007-4; 9-13-2010 by Ord. No. 2010-20]
A.
The Police Department of the Borough of Beach Haven,
in the County of Ocean, shall be under the jurisdiction and control
of the Borough Manager. The Police Department shall consist of not
more than ten (10) patrol officers, four (4) Sergeants, two (2) Lieutenants,
one (1) Captain, and one (1) Chief, and other members and personnel
who shall, from time to time, be deemed to be necessary for the preservation
of peace and good order within the Borough of Beach Haven and as the
Borough Manager may deem necessary and hereinafter appoint.
[Amended 3-13-2017 by Ord. No. 2017-2C]
B.
The Chief of Police, or the Police Director, which
may be appointed by the Borough Manager, shall be directly responsible
to the Borough Manager, who shall be the appropriate authority for
the efficiency and routine day-to-day operations of the Department
pursuant to the rule of N.J.S.A. 40A:14-118. The Borough Manager shall
further be the appropriate authority for establishing policies to
regulate and govern the Chief of Police or the Police Director, if
one be appointed, and the Police Department.
[Amended 5-26-1981 by Ord. No. 81-6; 6-23-1997 by Ord. No.
97-11; 3-12-2007 by Ord. No. 2007-4; 9-13-2010 by Ord. No. 2010-20]
A.
The Borough Manager shall be the "appropriate authority"
as that term is used in N.J.S.A. 40A:14-118.
B.
The Borough Manager, in addition to any other powers
and duties conferred upon the Manager by law, shall have the following
powers and duties with relation to the Police Department and Force
of the Borough of Beach Haven:
(1)
To exercise authority and control over police headquarters
and all property, equipment and apparatus owned by the Borough of
Beach Haven and used or to be used for the protection of life, safety
and property or in the maintenance of order and the law enforcement
of public laws and ordinances or used by the Police Department and
Force of the Borough of Beach Haven for any purpose whatsoever.
(2)
From time to time to appoint, in accordance with the provisions of Title 11A of the New Jersey Statutes and any regulations adopted by the New Jersey Department of Personnel pursuant thereto, such members of the Department, as set forth in this § 30-3 of the Code of the Borough of Beach Haven, Ocean County, New Jersey, as the said Manager shall deem necessary for the efficient maintenance and operation of the Police Department and Force of the Borough of Beach Haven.
(3)
Rules, regulations and standard operating procedures.
(a)
The Borough Manager of the Borough of Beach Haven
shall prepare or cause to be prepared such rules, regulations and
standard operating procedures to govern the operation and conduct
of the Police Department of the Borough of Beach Haven as the said
Manager may deem appropriate. Any such rules, regulations or standard
operating procedures shall be presented by the Borough Manager to
the Council of the Borough of Beach Haven who shall, upon the recommendation
of the Borough Manager, adopt such rules, regulations or standard
operating procedures by resolution and, when so adopted, the said
rules, regulations and standard operating procedures shall be binding
upon all members of the Police Department and Force of the Borough
of Beach Haven.
(b)
The Chief or the Police Director or other senior officer
of the Police Department and Force of the Borough of Beach Haven may
recommend to the Borough Manager such additional rules, regulations
or standard operating procedures as such Chief or the Police Director
or senior officer may deem advisable for the good order and administration
of the Police Department and Force of the Borough of Beach Haven.
When such recommendations are made, the Borough Manager shall either:
[1]
Adopt such recommended rules, regulations or
standard operating procedures; or
[2]
Within 30 days of the receipt of such recommendation,
reject the same in writing setting forth the reason or reasons why
the Borough Manager declines to adopt such rules, regulations or standard
operating procedures.
(c)
If any member of the Police Department or Force of
the Borough of Beach Haven shall violate any properly adopted rule,
regulation or standard operating procedure, such violation shall be
grounds for disciplinary proceedings to be instituted against such
violator and repeated violation shall be grounds for suspension or
dismissal from the Department.
(4)
Special divisions within the Department. The Borough
Manager may from time to time create within the Department such bureaus
as the said Manager may from time to time deem necessary. The bureaus
may include but are not limited to detective bureau, personnel bureau,
traffic safety bureau and arson bureau. The enumeration of any bureau
herein shall not be deemed as a requirement that such bureau be created
by the Borough Manager. If the Borough Manager shall create any bureau,
that bureau may be dissolved by the Manager upon the Manager's determination
that such bureau was not or is no longer needed. If the Borough Manager
creates such bureau, the Manager shall appoint with the advice and
recommendation of the Chief or the Police Director or other highest
ranking officer of the Department and Force of the Borough of Beach
Haven such personnel as the Manager deems advisable for the good affairs
and good management of such bureau.
[Added 4-26-1976 by Ord. No. 76-3; amended 6-23-1997 by Ord. No.
97-11]
The Borough shall charge the maximum fees permitted
by law for copies of any police accident reports. No accident report
shall be released while any investigation is still pending. (Until
amended, N.J.S.A. 39:4-131 shall govern the charge for copies of accident
reports, which charge shall be $0.75 per page if requested in person
and $5 for the first three pages plus $1 per page thereafter for copies
of reports requested other than in person.)
[Amended 6-23-1997 by Ord. No. 97-11; 3-12-2007 by Ord. No.
2007-4; 9-13-2010 by Ord. No. 2010-20]
It shall be the duties of the Chief of Police
or the Police Director, if one be appointed, to be directly responsible
to the Borough Manager for the efficiency and routine day-to-day operations
of the Department, and he shall further, pursuant to policies established
by the Borough Manager:
A.
Administer and enforce rules and regulations adopted by the Borough Manager of the Borough of Beach Haven pursuant to § 30-3B(3) of this chapter and administer and enforce emergency directives for the disposition and discipline of the Force and it's officers and personnel as may be from time to time issued by the Borough Manager;
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 in accordance with the terms of this chapter and
pursuant to the policies established by the Borough Manager as well
as policies established by the Council of the Borough of Beach Haven;
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 in writing to the Borough Manager no later
than 4:00 p.m. local time prevailing on the second and fourth Monday
of every month in such form as the Borough Manager may from time to
time prescribe on the operation of the Force in the time period between
the date and time of the last report and the time and date of the
report being tendered, and he shall make such other reports as may
from time to time be requested by the Borough Manager;
F.
Aid as requested by the Borough Manager in any examination
which said Manager may at any time wish to pursue concerning the operation
of the Police Force or the performance of any officer or member thereof;
and
G.
Aid and assist as he may be directed by the Borough
Manager to assist such Manager in providing for the health, safety
and welfare of the Borough of Beach Haven and the citizens thereof
during any emergency situation as may be declared by the Borough Manager,
the Mayor of the Borough of Beach Haven, the Ocean County Board of
Freeholders, the Governor of the State of New Jersey, the President
of the United States or the Director of Emergency Management for the
Borough of Beach Haven.
[Added 3-12-2007 by Ord. No. 2007-4[1]]
A.
The Borough Manager may appoint a Police Director
who shall serve for a period of no more than two years.
[Amended 9-13-2010 by Ord. No. 2010-20]
B.
The Police Director shall establish policies to be
followed and implemented by the Chief of Police for the efficient
operation of the Police Department for the routine day-to-day operations
of the Police Department as provided in N.J.S.A. 40A:14-118.
C.
The Police Director will prepare and submit the proposed
budget for the Police Department to the Borough's governing body for
review, revision, and adoption.
D.
The Police Director may at any time examine the operations
of the Police Department or the performance of any officer or member
of the Police Department.
E.
The Police Director may act to provide for the health,
safety, and welfare of the municipality in emergent situations through
special emergency directives.
F.
The Police Director shall report monthly to the Borough
Manager on matters relating to the Police Department and make recommendations
as to appropriate courses of action.
[Amended 12-13-2010 by Ord. No. 2010-26]
G.
The Police Director shall establish performance standards
for the entire Police Department, in its entirety and individually,
and conduct periodic evaluations to ensure compliance with said performance
standards.
H.
The Police Director shall attend Borough meetings
as deemed necessary by the governing body and act as a liaison for
the Police Department with municipal committees and departments.
I.
The Police Director shall make recommendations, when
appropriate, as to Borough ordinances relating to public safety.
K.
To be appointed to the position of Police Director,
an individual must possess:
(1)
A bachelor's degree in law enforcement or a related
field from an accredited college or university and a master's degree
in public administration, police science, public safety administration
or criminal justice from an accredited college or university; or an
associate's degree in law enforcement or a related field from an accredited
college or university and a minimum of 20 years experience as a member
of a police department or other public law enforcement agency, at
least 10 years of which shall have been in a supervisory and administrative
capacity.
(2)
Comprehensive knowledge of modem principles and practices
in law enforcement, police science and criminology.
[Amended 8-29-1981 by Ord. No. 81-11; 8-8-1994 by Ord. No.
94-27; 6-23-1997 by Ord. No. 97-11]
A.
Appointments. No person shall be appointed as a provisional
or temporary or special member of the Beach Haven Police Department
and Force unless he or she:
(1)
Is a citizen of the United States;
(2)
Is of sound body and of good health sufficient to
satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey as to his or her eligibility for membership in
the retirement system and further shall never have received a psychiatric
evaluation or diagnosis suggesting that the applicant could be a danger
to himself, herself or members of the public at large;
(3)
Is able to read, write and speak the English language
well and intelligently and posses a high school diploma or a high
school equivalency certificate;
(4)
Is of good moral character, and has not been convicted
of a criminal offense involving moral turpitude;
(5)
Is a resident of the State of New Jersey; provided,
however, that if the officer to be appointed has served in the Armed
Services of the United States and has been discharged or released
from such service under conditions other than dishonorable within
six months prior to making application for appointment, the residency
requirements as set forth in N.J.S.A. 40A:14-123.1 shall apply;
(6)
Is not less than 18 years of age nor more than 35
years of age; provided, however, that if the officer to be appointed
be a former State Trooper, Sheriff's officer or deputy, or county
or municipal police officer who has separated from service voluntarily
or involuntarily other than by removal for cause on charges of misconduct
or delinquency, he or she shall meet the age requirements as set forth
in N.J.S.A. 40A:14-127.1.
[Amended 3-13-2006 by Ord. No. 2006-5]
(7)
Physical status; criminal record; classification.
(a)
Has taken and completed a physical and psychological
examination, the results of which shall show that the proposed appointee
has the physical ability to carry out the strenuous duties and requirements
required of a police officer and has the psychological stability to
be entrusted with the possession of firearms, particularly in tense
confrontational situations.
(b)
Any applicant shall make full disclosure of any and
all arrests, criminal complaints and indictments to which such applicant
has been subject and shall give full and detailed information concerning
the disposition thereof; should any such arrests, complaint or indictment
have resulted in the applicant being accepted into any pretrial intervention
program, the applicant shall make full disclosure as to the terms
and conditions, if any, imposed upon entry into such program. In addition,
such applicant shall make full disclosure of any and all hospitalizations
in any psychiatric hospital or the psychiatric ward of any general
hospital and shall make full disclosure of any psychiatric evaluation
or treatment which the applicant may have undergone or sustained.
The fact that any criminal record, record of any complaint, arrest,
indictment or psychiatric treatment or evaluation has been suppressed
by any court of competent jurisdiction shall not relieve the applicant
of making full disclosure as herein called for.
(c)
In making appointments to the Beach Haven Police Department
and Force, applicants shall be classified and given preference in
the order of the following classes:
[Amended 7-13-1998 by Ord. No. 98-15; 2-14-2000 by Ord. No. 2000-3]
(d)
Within each classification set forth above, duly qualified
applicants who are veterans shall be accorded all veterans' preferences
as are provided by law.
B.
Promotions. Promotions in rank shall be made in accordance
with the following:
(1)
Promotions in classification of patrolman shall be
in accordance with the terms of the collective bargaining agreement
between the Borough of Beach Haven and the bargaining unit representing
the patrolmen in the Borough of Beach Haven.
(2)
Promotions in rank, i.e., from patrolman to Sergeant,
from Sergeant to Lieutenant, from Lieutenant to Captain and from Captain
to Chief, shall be made only in accord with the provisions of Title
11A of the New Jersey Statutes and any rules and regulations adopted
pursuant thereto by the State of New Jersey, Department of Personnel.
In considering promotions, the Borough Manager shall give preference
to residents of the Borough of Beach Haven as is provided for in N.J.S.A.
40A:14-122.4.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3)
Any member of the Beach Haven Police Department or
Force seeking promotion shall be promoted only in accordance with
the provisions of N.J.S.A. 40A:14-122.4.
C.
Automatic discharge or termination.
(1)
Any permanent member or officer of the Borough of
Beach Haven Police Department and Force who shall be absent from duty
without just cause or leave of absence, for a continuous period of
five days, shall cease to be a member of the Borough of Beach Haven
Police Department or Force.
(2)
Any permanent member or officer of the Borough of Beach Haven Police Department and Force who shall be charged with disciplinary violations and tried in accordance with the provisions of § 30-8 hereafter who is ordered terminated by the hearing officer conducting the hearing shall be terminated with the termination effective on the date and time when the municipal hearing officer shall file his or her report with the Clerk of the Borough of Beach Haven.
[Amended 6-23-1997 by Ord. No. 97-11]
A.
Disciplinary proceedings. All disciplinary proceedings
disciplining any member of the Police Department and Force in the
Borough of Beach Haven shall be governed by the provisions of N.J.S.A.
40A:14-147 through N.J.S.A. 40A:14-149.3, inclusive, and the provisions
of N.J.S.A. 40A:14-151, as well as the provisions of Title 11A of
the New Jersey Statutes and any rules and regulations adopted pursuant
thereto.
B.
Hearings. Any member of the Police Department and
Force in the Borough of Beach Haven who shall be charged pursuant
to the requirements of Titles 40A and 11A of the New Jersey Statutes
shall be entitled to a hearing as therein provided. The tribunal for
the hearing shall be either:
[Amended 9-13-2010 by Ord. No. 2010-20]
(1)
For minor disciplinary charges, the Borough Manager
or such designee as the Manager may appoint; or
(2)
For major disciplinary charges, the Council of the
Borough of Beach Haven sitting as a body; or
(3)
In the discretion of the Council, the Council shall,
by resolution, appoint a designated hearing officer to conduct the
hearings and decide upon appropriate discipline.
(a)
When a hearing officer has been appointed, the discipline
which he may impose shall include a verbal reprimand and all other
appropriate types of discipline through and including discharge and
termination;
C.
The terms "major discipline" and "minor discipline"
shall be defined in the provisions of the regulations adopted by the
Commissioner of the Department of Personnel pursuant to the authority
contained in Title 11A of the Revised Statutes of New Jersey.
[Amended 6-23-1997 by Ord. No. 97-11]
A.
The hours of employment of the uniformed members and
officers of the Police Department and Force of the Borough of Beach
Haven shall be as determined by the Borough Manager in accordance
with the provisions of the Wage and Hour Laws of the United States
of America.
[Amended 9-13-2010 by Ord. No. 2010-20]
[Amended 6-23-1997 by Ord. No. 97-11; 9-13-2010 by Ord. No. 2010-20]
A.
The Borough Manager may from time to time appoint
special officers who shall have the qualifications set forth and enumerated
in N.J.S.A. 40A:14-146.10b. Residents of the Borough of Beach Haven
shall be given preference.
B.
Special officers, appointed by the Borough Manager,
shall be appointed as either Class I Special Officer or Class II Special
Officer, as the Manager may from time to time determine are needed.
The classes shall be as defined in N.J.S.A. 40A:14-146.11.
C.
Any special officer appointed as herein provided shall
not be a member of the Police Department and Force of the Borough
of Beach Haven but shall enjoy the salary, benefits and other benefits
as provided by resolution as may from time to time be adopted by the
Council of the Borough of Beach Haven.
D.
All special officers appointed by the Borough Manager
shall perform their duties, in accordance with N.J.S.A. 40A:14-146.11,
as follows:
(1)
Class I. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
Class I officers shall also have the power to issue summonses for
disorderly persons and petty disorderly persons offenses violations
of municipal ordinances and violations of Title 39 of the Revised
Statutes. Class I officers are specifically strictly prohibited from
the use of or carrying any firearm and no such officer shall be assigned
any duties which might require the carrying or use of a firearm.
(2)
Class II. Officers of this class are 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 a Class II officer is authorized after any such officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established in the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70. No Class II special officer shall utilize any firearm except a firearm issued to such special officer by the Chief of Police after the said special officer has completed requisite training program as hereinabove called for in this Subsection D(2). The firearm issued by the Chief of Police shall be carried by the special officer only while on duty performing public safety functions on behalf of the Borough of Beach Haven. A special officer shall return the firearm which he or she has been assigned at the end of his or her work day assignment. No Class II special officer shall carry a weapon when off duty and a Class II special officer shall not be deemed to be on duty while performing private security duties for private employers. Class II officers may be hired and appointed directly and exempted from the examination requirement for an entry-level law enforcement officer position pursuant to Section 1 of P.L. 2021, c. 7 (N.J.S.A. 11A:4-1.3).
[Amended 11-14-2022 by Ord. No. 2022-28C]
E.
As required by the provisions of N.J.S.A. 40A:14-146.17
no more than 25 special officers shall be appointed by the Manager
to serve at one time. Special officers appointed by the Manager shall
be of Class I or Class II as, from time to time, the Manager may determine
necessary.
[Amended 6-23-1997 by Ord. No. 97-11; 7-14-1997 by Ord. No.
97-13; 6-11-2007 by Ord. No. 2007-10; 9-13-2010 by 2010-20]
A.
No member of the Police Department or Force of the
Borough of Beach Haven shall maintain any employment other than as
a member of the Police Department and Force of the Borough of Beach
Haven without first securing the approval of the Borough Manager which
approval may be granted only after the member of the Police Department
or Force has made a written request to the highest ranking regular
officer of the Department, setting forth in detail the contracted
services in which the police officer wishes to engage, identify all
coemployees if the engagement sought is as an employee or all coworkers
if the engagement which is sought is self-employment and the senior
member of the Department to whom such application is made becomes
satisfied as to the moral character of the said coemployees or coworkers,
is satisfied that such employment will not interfere with the member's
official performance of his or her duties as a member of the Police
Department or Force and has further rendered a written, favorable
recommendation to the Borough Manager recommending that such application
be approved.
B.
If any taxpayer, resident, businessman or the sponsors
of any function being conducted, or to be conducted, within the territorial
boundary of the Borough of Beach Haven may require additional security
personnel, such taxpayer, resident, businessman or sponsor may make
application to the highest ranking officer in the Beach Haven Police
Department and Force, setting forth the nature of the security personnel
needed, the purpose for which such security personnel are needed,
and the times, dates and places where such security personnel are
or will be needed. If any members of the Police Department and Force
of the Borough of Beach Haven or any special officers employed by
the Borough of Beach Haven are off duty at the time and date when
such security personnel are needed and should such member of the Police
Department and Force or such special officer of the Borough of Beach
Haven wish to serve in the capacity of such security personnel, the
highest ranking member of the Police Department and Force of the Borough
of Beach Haven may make written recommendation to the Borough Manager
that such off-duty member or members of the Police Department and
Force or special officer or officers of the Borough of Beach Haven
be permitted to serve as security personnel for such event. The taxpayer,
resident, businessman or function sponsor desiring such security personnel
shall then remit to the Borough the actual cost incurred by the Borough
of permitting such off-duty member or members of the Police Department
and Force or such off-duty special officers to serve as special security
personnel. All payment to such special security personnel shall be
made by the Borough of Beach Haven in accordance with any collective
bargaining agreement in force between the Borough of Beach Haven and
the members of the Police Department and Force of the Borough of Beach
Haven or, in the case of special officers, in accordance with appropriate
federal wage/hour laws and regulations. If the compensation to be
paid by the Borough to such special security personnel is at regular
hourly rates, those rates, together with any necessary federal and
state withholdings, shall be paid by the party needing such special
security personnel. If, as a result of the hours worked, either as
special security personnel or as regular or special police officer
or as a combination thereof, requires the payment to be in the appropriate
amount as may be required for overtime pay, such amount shall be paid
and reimbursed to the Borough of Beach Haven.
C.
The Borough Manager may, upon written recommendation of the Chief of Police, recommend to the Council of the Borough of Beach Haven for adoption by resolution a specific and detailed policy concerning contracted services by members of the Police Department and Force of the Borough of Beach Haven. If and when such specific policy is so recommended and adopted, the specifics of such policy shall take precedent over the general policies hereinabove set forth in Subsections A and B of this section.
[Added 4-14-1997 by Ord. No. 97-3]
A fee of $20 payable to the Borough of Beach
Haven is hereby established for providing Discovery pursuant to municipal
court procedures as established by the Rules Governing the Courts
of the State of New Jersey and pursuant to local rules and regulations.
[Added 6-23-1997 by Ord. No. 97-11;
amended 3-12-2007 by Ord. No. 2007-4; 9-13-2010 by Ord. No. 2010-20]
The Chief of Police or the Police Director or
the other highest ranking officer of the Police Department of the
Borough of Beach Haven shall cause to be prepared, in duplicate, a
personnel file to be maintained on each and every member of the Police
Department or Force of the Borough of Beach Haven. One such copy of
the personnel file shall be maintained in a secure place in the office
of the Chief or the Police Director or other highest ranking officer
of the Police Department or Force of the Borough of Beach Haven and
the duplicate file shall be maintained in the office of the Borough
Manager. The copy of the file kept in the Manager's office shall be
securely maintained and only the Manager and, in the Manager's sole
discretion, the Chief of Police or the Police Director shall have
keys providing access for the secure place where such duplicate file
is maintained. Each personnel file shall contain the entire employment
history of the employee, including any application form or forms,
application interviews, application tests and test results, application
medical and psychiatric examinations as well as a record of all disciplinary
proceedings ranging from verbal reprimand through suspensions without
pay and termination. No disciplinary proceedings shall be reported
until they have been concluded and no internal affairs investigation
shall be reported until they have been concluded. If any internal
affairs investigation or any disciplinary proceeding results in the
exoneration of the officer, a memorandum documenting such exoneration
shall be placed in both personnel files. No record of any disciplinary
proceeding shall be placed in any personnel file unless and until
the employee has received a copy of such record. The entire personnel
file shall be available to the employee whose name appears thereon
upon request and the employee may be permitted to make copies of anything
therein contained at the employee's sole cost and expense. With the
exception of the employee, the personnel files shall not be available,
without court order, for inspection by anyone other than:
[Added 5-10-2004 by Ord. No. 2004-7]
A.
EMPLOYER
OFF-DUTY
PLAINCLOTHES SURVEILLANCE OFFICER
POLICE OFFICER
SECURITY GUARD
TRAFFIC CONTROL OFFICER
WHILE IN THE EMPLOY OF THE EMPLOYER
WORKER'S COMPENSATION INSURANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any individual, partnership, corporation, business entity
or other organization located either within or outside of the Borough
of Beach Haven, other than the Borough of Beach Haven, which employs
a police officer to perform the services of a security guard, traffic
control officer or plainclothes surveillance officer.
Any employment when a police officer is not scheduled for
a shift of duty by the Borough of Beach Haven Police Department and
that is conditioned on the actual and potential use of law enforcement
powers by the police officer employee.
A position of employment involving the wearing and/or carrying
of a Borough of Beach Haven Police badge and/or the carrying of a
firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
Any police officer of the Borough of Beach Haven.
A position of employment involving the wearing of a Borough
of Beach Haven uniform and/or the carrying of a firearm or other dangerous
weapon as defined by N.J.S.A. 2C:39-1; however, Borough of Beach Haven
police officers shall not be employed by liquor licensed establishments.
A position of employment involving the wearing of a Borough
of Beach Haven police uniform while directing traffic within the Borough
of Beach Haven.
All times when a police officer is scheduled for and does
work for an outside employer as a security guard, traffic control
officer or plainclothes surveillance officer.
All forms of insurance, including self-insurance.
B.
Any person or entity desiring to retain the services
of police officers of the Borough of Beach Haven for off-duty police-related
activities shall be required to enter into a contract with the Borough
of Beach Haven. Said contract shall include but not be limited to
the Borough's share of social security, the nature of the duties to
be performed, the location of said duties, the date and hours of service,
the rate of payment for services of the officers, administrative fees
to the Borough of Beach Haven, any additional liability insurance
costs associated with the services provided and fees for the use of
Borough-owned equipment. Except in the case of public or quasi-public
agencies, the payment of 100% of the estimated amount due to the Borough
for the assignment of off-duty employment from the person or entity
requesting such assignment shall be paid to the Borough in advance
of providing such officer or officers, except in the case of an emergent
situation as determined by the Chief of Police. The Municipal Clerk
is hereby empowered to execute a contract for off-duty employment
on behalf of the Borough in accordance with this section.
C.
The Chief of Police or the Police Director or his/her
designee shall assign an officer(s) to organize, regulate and oversee
all off-duty employment details. This officer shall insure:
[Amended 3-12-2007 by Ord. No. 2007-4]
(1)
Compliance with this policy and all applicable Borough
codes and ordinances, Department rules and regulations, policies and
procedures and other applicable contracts, agreements law and regulations.
(2)
Notwithstanding any other regulations and/or contracts,
insure that there is equitable opportunity for all eligible officers
within the Department to avail themselves to such off-duty employment.
(a)
To assist in this matter, an annual list, beginning
with the first day and month of the calendar year, will be maintained
which shall reflect the date, time and nature of off-duty detail.
This list will additionally reflect:
(b)
Notwithstanding having provided an equitable
opportunity for off-duty employment, every reasonable attempt will
be made to provide for the equitable distribution of said employment.
(c)
Repeated denials, however, by an officer who
has been offered such employment does not encumber or obligate the
scheduling officer or the Borough Police Department the obligation
to insure equitable distribution of such employment opportunities.
D.
All persons or entities shall pay to the Chief Financial
Officer of the Borough of Beach Haven such hourly sum as may be fixed
from time to time by resolution of the Council of the Borough of Beach
Haven for such service. The Borough shall remit to the member of the
Police Department performing such duties the hourly fee as set by
the resolution. Additionally, an administrative fee as predetermined
from time to time by resolution of the Council shall be collected
and retained by the Borough.
[Amended 9-13-2010 by Ord. No. 2010-20]
E.
Any invoice from the Borough of Beach Haven for any
balance due, or a credit for any refund, if any, shall be issued by
the Borough's Chief Financial Officer. Payments due shall be made
within 10 days of receipt of the invoice from the Borough.
F.
Each person or entity who shall employ off-duty police
officers pursuant to this section shall be responsible for maintaining
his/her or its own insurance coverage. Said insurance coverage shall
include but not be limited to general liability and automobile liability
and shall name the Borough of Beach Haven as additional insured. In
addition, such policy shall provide for a minimum coverage of $1,000,000
for any one claim and $2,000,000 for any aggregate claims. Proof of
said insurance coverage shall be provided to the Borough of Beach
Haven Municipal Clerk prior to the assignment of any police officers
in an off-duty capacity to said person or entity. The person or entity
shall provide for the aforementioned for any and all officers, vehicles
and/or equipment that is utilized in the off-duty assignment.
G.
Each person or entity who shall employ an off-duty
Borough police officer pursuant to this section to perform the services
of a security guard, traffic control officer or plainclothes surveillance
officer shall file with the Borough Municipal Clerk a certificate
of worker's compensation insurance.
H.
The Chief of Police or the Police Director or his/her
designee shall have the authority to order any police officer engaged
in off-duty employment within the Borough of Beach Haven to respond
to an emergency situation within the Borough of Beach Haven. The Chief
of Police or the Police Director or his/her designee shall also have
the right to order any off-duty employment to be terminated whenever
said assignment creates an unacceptable risk to the health, safety
and welfare of the off-duty officer and/or the citizens of the Borough
of Beach Haven. In the event that a police officer is assigned to
an emergency situation, the Chief of Police or the Police Director
or his/her designee shall make note of said emergency situation, as
well as the time said officer was removed from said off-duty employment.
In any situation where an off-duty police officer is called to an
emergency situation, said person or entity shall not be responsible
for the payment of the officer's hourly rate, administrative fee or
any other fees to the Borough of Beach Haven until such time as said
police officer and/or equipment returns to the assignment with the
off-duty employer.
[Amended 3-12-2007 by Ord. No. 2007-4]
I.
Any person or entity requesting the services of police
officers in an off-duty employment capacity shall agree to indemnify
and hold harmless the Borough of Beach Haven for any and all claims
and damages which may arise from the police officer's employment in
an off-duty capacity by said person or entity.
J.
In order to be eligible for off-duty employment, a
police officer must be in good standing with the Department. Officers
who are on medical or other leave due to sickness, temporary disability
or an on-duty injury shall not be able to engage in off-duty employment.
K.
The Chief of Police or the Police Director or his/her
designee shall not assign any police officer off-duty employment where
such employment, in the aggregate, would exceed 20 hours in a given
week. The Chief of Police or the Police Director or his/her designee
shall consider other police officer off-duty employment when assigning
off-duty police employment to ensure officer safety and on-duty job
performance.
[Amended 3-12-2007 by Ord. No. 2007-4]
L.
Any employer who employs a Borough police officer
in an off-duty employment capacity to perform the aforesaid services
without first having complied with the requirements of this section
shall, upon conviction thereof, be subject to a fine of not more than
$1,000, by imprisonment for a term of not to exceed 90 days or by
community service of not more than 90 days, or any combination of
fine, imprisonment and community service as determined and in the
discretion of the Municipal Court Judge. The continuation of such
violations for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punishable as provided above for each separate
offense. The violation of any provision of this section shall be subject
to abatement summarily by restraining order injunction by a court
of competent jurisdiction.
M.
Any individual, partnership, corporation, business
entity or other organization, other than the Borough of Beach Haven,
interested in employing the services of any member of the Borough
of Beach Haven Police Department in an off-duty employment capacity
within the jurisdiction of the Borough shall be apprised of any applicable
Borough codes, ordinances, rules and regulations and policies and
procedures and shall make application on the prescribed application
form (Appendix A) with the Municipal Clerk.[1]
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
N.
Off-duty employment is not permitted outside the Borough
of Beach Haven.
