[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 6-16-1998 by Ord. No. 11-98.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 46, Police Department, adopted 12-16-1969 as Ch. 14 of
the 1969 Code, as amended.
[Amended 8-21-2001 by Ord. No. 17-01; 2-21-2006 by Ord. No.
1-06; 5-16-2006 by Ord. No. 6-06; 4-29-2008 by Ord. No. 08-12; 2-26-2015 by Ord. No. 15-1]
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 Borough of Florham Park.
D.
Direct and control traffic.
E.
Provide attendance and protection during emergencies.
F.
Provide appearances in court.
G.
Cooperate with all other law enforcement agencies.
H.
Provide training for the efficiency of its members
and officers.
[Amended 8-26-2015 by Ord. No. 15-13]
The Borough Administrator shall be designated
as the "appropriate authority" as provided in the New Jersey Statutes
who shall be responsible for the overall performance of the Police
Department. The Mayor and Council, by resolution, shall adopt and
promulgate rules and regulations for the government of the Police
Department and for the discipline of its members, which shall be enforced
by the "appropriate authority."
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the appropriate
authority for its efficiency and day-to-day operations. Pursuant to
policies established by the appropriate authority, the Chief of Police
shall:
A.
Administer and enforce the rules and regulations of
the Police Department and any special emergency directive for the
disposition and discipline of the Department and its members and officers.
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 appropriate authority
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 appropriate authority.
[Amended 2-26-2008 by Ord. No. 08-5]
A.
No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey Statutes. The Mayor
and Borough Council may also require that an applicant for appointment
to the Police Department shall successfully complete a physical, mental,
and psychological examination.
B.
Residency preference.
(1)
Bona fide residency. A "bona fide resident" is defined
as any person having a permanent domicile within the Borough of Florham
Park which has not been adopted with the intention of again taking
up or claiming a residence acquired outside of the corporate limits
of the Borough.
(2)
From and after the effective date of this section,
those individuals possessing bona fide residency in the Borough of
Florham Park shall be given preference in the hiring of all officers
and employees to be employed or appointed by the Borough to serve
in the Police Department. No person shall be appointed to a position
within the Department who is not a bona fide resident at the time
of appointment unless all qualified applicants who are bona fide residents
have been appointed or have declined an offer of appointment.
(3)
This section does not require that officers or employees
of the Police Department holding their positions prior to the date
of this section become residents of the Borough.
(4)
Where it is determined that there cannot be recruited
a sufficient number of qualified residents for available positions,
preference shall be given for the hiring of nonresidents for such
positions in the following order:
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.
The Mayor and Borough Council 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.
[Added 7-23-2008 by Ord. No. 08-23]
A.
THIRD PARTY ASSIGNMENTS OF POLICE OFFICERS
Definition. As used in this section:
Refers to those situations in which a police officer provides
services, such as either traffic control or security, for a party
other than the Borough.
B.
Qualifications for assignment. All police officers
in good standing within the Police Department shall be permitted to
engage in third-party assignments, provided that the third-party assignment
is approved by the Chief of Police and shall not result in the police
officer working more than 16 hours in a twenty-four-hour period unless
specifically authorized to do so by the Chief of Police.
C.
Rotation list to be maintained. The Chief of Police
or his designee shall administer the assignment of third-party assignments
to those police officers who seek them and may establish reasonable
regulations regarding the assignment and performance of the jobs which
are not inconsistent with the Borough's collective agreement(s).
D.
Rate of pay; payment.
[Amended 12-13-2012 by Ord. No. 12-17]
(1)
For
third-party assignments:
Amended 12-15-2016byOrd.
No. 16-20; 3-18-2021 by Ord. No. 21-5]
(a)
The
police officer performing the third-party assignment shall be paid
by the Borough at the gross hourly rate of $85 per hour with a four-hour
minimum for all assignments. Once the officer works the four-hour
minimum, the officer will be paid the full payment for the scheduled
hours. Any hours worked past the scheduled end time will be paid on
an hourly basis. The police officer will also be paid the four-hour
minimum for all jobs that are canceled less than three hours prior
to the scheduled start time of the job.
(2)
Payment
for such assignments shall be subject to the normal deductions for
federal and state taxes, pension contributions, etc., to which the
police officer’s regular salary is subject.
E.
Administrative and vehicle fees; escrow account.
(1)
The Borough shall, in addition to the hourly rate for the police officer set forth in Subsection B above, charge an administrative fee of $5 per hour.
(2)
An additional fee per vehicle of $50 per day or $10
per hour (whichever is greater) shall be charged when a marked police
vehicle is used in the performance of an assignment. The decision
whether or not to use a police vehicle will be at the sole discretion
of the Borough of Florham Park Police Department.
(3)
At least five business days prior to the performance of any third-party assignment, the third party contracting for such services shall establish with the Borough an escrow account to guarantee payment for said services. The third party shall provide an estimate of the time the police officer(s) will be needed, multiplied by the hourly rate of $60 per hour. Upon approval of said estimate by the Chief, 110% of the estimate shall be deposited into the escrow account. The funds held in the escrow account shall be used for the payment of the police officer in accordance with Subsection D above. Upon completion of the third-party assignment, the balance in the escrow account shall be refunded in full to the third party. The Police Chief, with authorization from the Borough Administrator, may provide exceptions to the requirement to establish an escrow account with the Borough for emergent jobs.
