[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin 8-10-2004 by Ord. No. 7-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 119.
[1]
Editor's Note: This ordinance also repealed
former Ch. 60, Police Department, derived from Sec. 2-7 of the 1975
Code (Ord. No. 216).
This chapter shall be known and may be referred
to as the "Police Ordinance of the Borough of Franklin."
The adoption of this chapter shall not affect
the term, tenure, compensation or pension rights of any person holding
office, employment or position in the Police Department, except as
provided herein.
The Franklin Borough Police Department as heretofore
established is hereby continued, organized and established.
[Amended 11-27-2018 by Ord. No. 12-2018]
There is hereby created in and for the Borough of Franklin a
Police Department which shall consist of a Chief of Police and the
positions of Captain, Lieutenant, Sergeant and Patrolmen in numbers
approved by the Mayor and Council. The Department may also consist
of other support employees as deemed necessary by the Mayor and Council.
The Mayor and Council shall, in the manner provided
by law, appoint all officers and employees of the Police Department.
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 Borough of Franklin;
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 Borough Administrator shall be designated
as the appropriate authority as provided in the New Jersey statutes.
The appropriate authority 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.
A.
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.
B.
Pursuant to policies established by the appropriate
authority, the Chief of Police shall:
(1)
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;
(2)
Have, exercise and discharge the functions, powers
and duties of the Police Department;
(3)
Prescribe the duties and assignments of all members
and officers;
(4)
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; and
(5)
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.
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.
No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey statutes. The Appropriate
Authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
A.
Probationary or temporary period; training. All appointments
to the Police Department shall be for a probationary or temporary
period as provided by N.J.S.A. 52:17B-69, and no person holding such
probationary or temporary appointment as a police officer shall hereafter
be given or accept a permanent appointment in the Borough unless such
person has successfully completed a police training course at an approved
school in accordance with the intent and purposes of N.J.S.A. 52:17B-68,
as the same may be amended and supplemented from time to time.
B.
Upon completion of the police academy, the police
officer shall satisfactorily complete all field training requirements
as set forth by the Franklin Borough Police Department.
D.
Grounds for discharging trainee; written notice.
(1)
At any time during or at the end of such probationary
and /or working test period(s), the appointing authority may discontinue
the service of any such appointee if the circumstances indicate that
the appointee is unable or unwilling to perform the duties of his
position satisfactorily or is of such reputation, habits and dependability
as not to merit continuance in the police service. Failure to qualify
in the use of police weapons or to obtain a Red Cross first aid certificate
or inability to understand the functioning, application and use of
any police equipment or service rating of less than 70% shall be sufficient
reason for the discontinuation of any such appointee, though discontinuance
may be made for causes other than those here enumerated.
(2)
In each such case, the appointing authority shall
give written notice to the appointee whose service is discontinued
of the action taken, together with the reasons therefor; otherwise,
his/her retention in the service shall be equivalent to his/her final
and absolute appointment.
It shall be the duty of every officer and member
of the police force to observe and enforce all laws, ordinances and
rules and regulations pertaining to his duty as a police officer.
He or she shall be authorized and empowered, and it shall be his duty,
to do and perform all acts and things required by general law and
ordinances of the Borough and rules and regulations of the Police
Department. In the performance of such duty, the police shall be vigilant
to investigate all evidence of violations of the law and to make appropriate
action in respect thereto; to make prompt report of any unsafe or
unsanitary conditions, any street or sidewalk obstruction and unlighted
streetlights or suspicious circumstances existing in the Borough;
and to apprehend all violators of the law.
A.
The Borough of Franklin 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 Class II 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.
School guards.
(1)
The Mayor and Council may appoint as school guards,
for a term not to exceed one year, such persons as they shall deem
to be qualified for such position. The powers and duties of school
guards shall be limited to the protection of children while on public
thoroughfares in the Borough in connection with their attendance at
the several schools in the borough and to the direction and regulation
of pedestrian and vehicular traffic at the various street intersections
and crossings where they may be stationed. While on active duty, school
guards shall be under the jurisdiction of and subject to the orders
of the Chief of Police or, in his absence or incapacity, the officer
in charge of the Department.
(2)
Substitute school traffic guards shall be appointed
by the Mayor.
(3)
All regular school guards shall be required to complete
updated first-aid and courses.
C.
Status; termination of office. The special police
officers and traffic guards appointed under this section shall not
be members of the Police Department, and their powers, rights and
duties shall immediately cease and terminate at the expiration of
the term for which they were appointed or upon revocation of their
appointment. Absent an official status conversion initiated by the
Chief of Police, the special police officers and school traffic guards
appointed under this section shall not be continued as regular members
of the Police Department and shall not be entitled to tenure.
D.
Compensation. Compensation for special police officers
and school traffic guards shall, in the manner provided by law, be
determined by the Mayor and Council.
The charges provided for in Chapter 119, Fees, shall apply for any document furnished by the Police Department. Documents shall be made available to the extent they are not privileged or considered nonpublic documents under the common law or case law in the State of New Jersey or as provided by any statute, resolution, code or rule of the legislature, executive order of the governor, rule of court, any federal law, regulation or order.
[Amended 12-11-2018 by Ord. No. 14-2018; 10-10-2023 by Ord. No. 12-2023]
A.
Purpose. For the convenience of those persons and entities which
utilize the services of off-duty law enforcement officers of the Franklin
Police Department for traffic control, security or other needs, the
Borough hereby establishes a policy regarding the use of said officers.
B.
Private employers or school districts may contract with the Borough
for members of the Police Department to be assigned to off-duty police-related
employment at such times as will not interfere with the efficient
performance of regularly scheduled or emergency duties for the Borough.
C.
A private vendor contracted by the Police Department shall be responsible
for generating bills for extra-duty police services rendered.
D.
All fees for extra-duty police services will be collected by the
vendor contracted by the Police Department to manage the extra-duty
services and deposited with the Franklin Borough Finance Department.
E.
The total cost for extra-duty police services shall consist of a
special hourly rate to be paid to officers working extra-duty assignments,
a fee for the use of a police vehicle, an administrative fee charged
by the Borough of Franklin, and an administrative fee charged by the
private vendor contracted by the Police Department to manage extra-duty
services.
(1)
Special hourly rate: The special hourly rate is paid to officers
working extra-duty assignments. The rate is established by contract
between the Borough and the recognized collective bargaining unit,
and the Chief of Police respectively. The special hourly rate shall
be paid to an employee at a rate of one hour if the employee works
at least 1/4 of any hour.
(2)
Police vehicle fee: Payment for a police vehicle will be $50 per
vehicle for an eight-hour shift or any part thereof, and $10 per vehicle
for each additional hour.
(3)
Franklin Borough administrative fee: In addition to the special hourly
rate for off-duty police and the police vehicle fee, the applicant
shall submit an administrative fee equal to 15% to offset the Borough's
cost for employer contributions to social security, unemployment,
etc.
(4)
Contracted vendor administrative fee: The contracted vendor administrative
fee shall be charged by the vendor contracted to manage extra-duty
services. The fee shall be 10% of the total cost with a minimum of
$5.50 per officer hour.
F.
There shall be a four-hour minimum charge for all extra-duty police
services hereunder. Cancellations must be received by the Franklin
Borough Police Department not less than two hours prior to the scheduled
start of any extra-duty job. Failure to cancel at least two hours
prior to the scheduled start of any extra-duty job shall result in
a four-hour minimum charge hereunder. All payments for such services
shall be collected by the private vendor and paid to the Borough of
Franklin.
