[Amended 4-17-2003 by Ord. No. 03-47; 9-4-2003 by Ord. No.
03-103; 9-2-2004 by Ord. No. 04-75]
A. There shall be a Police Department, the head of which
shall be the Police Director. Prior to his/her appointment, the Director
shall have had at least five years' experience in a responsible capacity
in public administration and policing. Whenever there is any reference
in any law or ordinance to the Chief of Police or to the Police Chief,
such reference shall be deemed to mean the Police Director.
[Amended 11-6-2008 by Ord. No. 08-56]
B. Number and types of positions.
(1) Within the Department of Police, in addition to the
Police Director and the Chief of Administrative Services, there shall
be the following ranks and number of positions per rank: (1) Captains:
six to nine; (2) Lieutenants: 18 to 23; (3) Sergeants: 48 to 56; and
(4) police officers: 280 to 340. The Department may also include such
civilian employees as may, from time to time, be approved by the Director.
[Amended 9-7-2006 by Ord. No. 06-66; 12-6-2007 by Ord. No.
07-69]
(2) The Department may also include such civilian employees
as may, from time to time, be approved by the Director.
C. The Police Director is eligible to receive an annual
stipend not to exceed $25,000 at the discretion of the Mayor. The
stipend may be paid to the Police Director to compensate him/her for
responsibilities related to public safety requirements of the City.
D. Chief of Administrative Services.
(1) The salary range for the Chief of Administrative Services
shall be as set by ordinance.
(2) The Chief of Administrative Services is eligible to
receive an annual stipend not to exceed $12,500 at the discretion
of the Mayor. The stipend may be paid to the Chief of Administrative
Services to compensate his/her responsibilities related to public
safety requirements of the City.
E. Special law enforcement officers.
[Added 12-20-2018 by Ord.
No. 18-72]
(1) The City of Trenton authorizes the use of special law enforcement
officers to assist the regular Police Department in the performance
of its duties and responsibilities subject to the eligibility criteria
and limitations set forth in the Special Law Enforcement Officers
Act, N.J.S.A. 40A:14-146.10 et seq. No special law enforcement officers
shall be appointed to any term exceeding one year.
(a)
No special law enforcement officer, by virtue of his/her appointment
as such, shall be or become a regular member of the Police Department.
(b)
Special law enforcement officers are considered part-time employees
and can be terminated for cause after adequate hearing, unless the
appointment is for four months or less, in which event the appointment
may be revoked without cause or hearing (N.J.S.A. 40A:14-146.14).
(c)
Every special law enforcement officer, while on duty, shall
abide by all the rules and regulations of the Police Department and
those policies, general order, or standard operating procedures established
by the Police Director.
(2) Qualifications. No person shall be appointed as a special law enforcement
officer unless the person:
(a)
Is a resident of the State of New Jersey during his/her term of appointment. The residency requirement for City of Trenton employees set forth in §
2-95 shall not apply to Class III officers; however, there shall be a hiring preference in the following order: City of Trenton residents, residents of Mercer County and residents of the State of New Jersey;
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent;
(c)
Is of sound body and of good health;
(d)
Is of good moral character;
(e)
Has not been convicted of any offense involving dishonesty or
that which would make him/her unfit to serve as a special police officer;
and
(f)
In accordance with the enabling legislation allowing for Class
III officers, all applicants for the title must meet the following:
[1]
Precertification requirements.
[a]
Must be a retired police officer who has previously served as
a duly qualified, fully trained, full-time officer in any municipality
or county of this state, or as a member of the New Jersey State Police;
[b]
Must be retired from that agency in good standing (it is necessary
to have a letter of good standing issued by the agency from which
officer retired, listing the date and type of retirement);
[c]
Must be less than 65 years of age for appointment;
[d]
Must pass a psychological exam;
[e]
Must pass a medical exam and have a doctor complete the medical
certification form;
[f]
Must pass a drug test pursuant to the Attorney General's Law
Enforcement Drug Testing Policy; and
[g]
Must have an updated background investigation.
[2]
Any and all other requirements promulgated by the New Jersey
Attorney General or by statute.
(3) Duties; classification of special law enforcement officers. There
shall be the following class of special police officers pursuant to
law:
(a)
Class III. SLEO Class III (SLEO III) are authorized to exercise
full powers and duties equivalent to those of a permanent, regularly
appointed full-time police officer.
Subject to the supervision of the Mayor, the
Police Director shall be directly responsible for the efficient and
routine day-to-day operations of the Police Department. The Police
Director shall have the authority to:
A. Organize the Department subject to the table of organization set forth in §
2-56B above.
[Amended 9-2-2004 by Ord. No. 04-75]
B. Adopt and promulgate such policies as are necessary
and appropriate for the divisions with the Department.
C. Adopt and promulgate rules and regulations for the
government of the divisions under his/her supervision and for the
discipline of their members.
D. Prescribe the duties and assignments of all subordinates
and other personnel.
E. Adopt and promulgate standard operating procedures
for the efficient operation of the Department.
Under the direction and supervision of the Police
Director, the Department shall:
A. Preserve the public peace, prevent crime and detect
and arrest offenders against the penal laws and ordinances effective
within the City.
B. Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of the streets by vehicles and persons generally.
C. Remove all nuisances in the public streets, parks
and other public places; inspect and observe all places of public
amusement or assemblage and all places of business requiring any state
or municipal license or permit and report thereon to the appropriate
department.
D. Conduct a training program to maintain and improve
efficiency of law enforcement officers, including members of the Division,
and operate a Police Training Academy as approved by the New Jersey
Police Training Commission for the purpose of providing a police training
course in compliance with the Police Training Act, N.J.S.A. 52:17B-66
et seq.
[Added 6-21-2007 by Ord. No. 07-48]
Within the Department there shall be a Division
of Communications, the head of which shall be the Director, who shall
serve under the direction and supervision of the Police Director.
The Division shall plan and operate a comprehensive police, fire and
medical emergency communications system in the City of Trenton.
[Added 6-17-2010 by Ord. No. 10-36; amended 5-19-2011 by Ord. No.
11-06]
A. General.
(1) Employment of off-duty Trenton police officers for police-related
activities shall only be permitted as set forth herein. For the purposes
of this section, a Trenton police officer shall be deemed to be in
the actual performance of his duties if the Trenton police officer
is in uniform, or is exhibiting evidence of his authority, is performing
public safety functions on behalf of and as assigned by the Police
Director and is receiving compensation.
(2) Regulations to be followed by police officers.
(a)
Members of the Police Department shall be permitted to accept
police-related employment only during off-duty hours and only at such
time as will not interfere with the efficient performance of regularly
scheduled or emergency duty for the City of Trenton. The Police Director
shall be responsible for the assignment of all off-duty police-related
activities and the billing of all compensation due to the City. The
Police Director shall develop regulations to insure that all officers
are assigned off-duty employment in a nondiscriminatory manner on
a rotating basis among the officers who have expressed interest in
off-duty assignment.
(b)
Nothing in this section shall prohibit an officer from performing
private security functions or activities for a private employer in
compliance with the Security Officer Registration Act (N.J.S.A. 45:19A-1
et seq.).
(3) Any person or entity wishing to employ off-duty police officers shall
first obtain the approval of the Police Director which approval shall
be granted if, in the opinion of the Police Director, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Police Department, and would not reasonably endanger
or threaten the safety of the officer or officers who are to perform
the work. The Police Director shall memorialize any agreement made
with an entity wishing to employ police officers so employed to insure
compliance with this section.
B. Requests for services.
(1) All requests to the City for services of off-duty police officers
shall be forwarded to the Police Director for posting at least 10
days before such services are required. The Police Director may relax
this time restriction in the event of an emergency. Any police officers,
when so employed, shall be treated as an employee of the City; provided,
however, that wages earned for outside employment shall not be applied
toward the pension benefits of police officers so employed, nor shall
hours worked for outside employment be considered in any way as compensable
overtime.
(2) Police officers shall not be able to institute legal proceedings
against the City of Trenton for lost wages or disability retirement
benefits in the event they are injured while working off-duty employment.
C. Insurance requirements.
(1) No party or employer shall employ any off-duty City police officer
in order to perform the services of security guard, traffic control
officer or plain-clothes surveillance officer without having first
filed with the City's Municipal Clerk a certificate of comprehensive
general liability insurance in the amount of not less than $1,000,000
combined single limits for any one occurrence with respect to injuries
and damages suffered or caused by City police officers while in the
employ of the party or employer. Said certificate shall list the City,
the City's Police Department and municipal officials, representatives
and employees as additional parties insured.
(2) No certificate of insurance required by this section shall be deemed
filed with the Municipal Clerk unless the City's Municipal Attorney
has first approved it.
(3) Any and all policies of insurance evidenced by any certificate filed
hereunder shall be maintained by the party or employer in full force
and effect at all limes while any City police officer is employed
by such party or employer. Upon the change or renewal of any such
policy of insurance, the party or employer shall forthwith file with
the Municipal Clerk a new and current certificate of insurance in
compliance with the foregoing provisions.
(4) In the event of an emergency, which results in the person or entity
being precluded from complying with the requirements of this subsection,
the Police Director shall have the authority to waive said insurance
prerequisite prior to approving the use of off-duty officers for certain
police-related employment.
(5) In addition to the aforesaid requirements, the party or employer
shall indemnify and hold harmless the City, the City's Police Department
and the municipality's officials, representatives and employees, from
and against any claim, liability, damage or expense that may arise
out of or relate to the actions of:
(a)
Any City police officers employed by the party or employer,
including any claims concerning the alleged negligence of the City's
police officers; and
(b)
The party or employer, its employees, officers and representatives.
D. Escrow accounts.
(1) Except as provided hereinbelow, any party or employer requesting the services of an off-duty City police officer shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Police Director and shall establish an escrow account with the Chief Financial Officer of the City by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection
F hereinbelow for the total estimated hours of service.
(2) If the amount required to be deposited with the City pursuant to Subsection
D(1) hereinabove exceeds $20,000, an escrow deposit of $20,000 shall be required. Said $20,000 deposit shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $20,000, and then such lesser amount shall be required to be maintained.
(3) Prior to posting any request for services of off-duty City police officers, the Police Director shall verify that the balance in the escrow account of the party or employer requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services and that the insurance requirements under Subsection
C have been met. The Police Director shall not post a request for services from any party or employer unless all fees and compensation required in the manner described above have been deposited with the City's Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.
(4) In the event the funds in such an escrow account should become depleted,
services of off-duty police officers shall cease, and requests for
further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
(5) The party or person requesting such services shall be responsible
for ensuring that the sufficient funds remain in the escrow account
in order to avoid any interruption of services.
(6) Schools and government agencies shall be exempt from the requirements
of the posting of an escrow deposit.
(7) In the event of an emergency, which results in the person or entity
being precluded from timely complying with the requirements of this
subsection, the Police Director shall have the authority to waive
the escrow account prerequisite and approve the use of off-duty officers
for certain police-related employment. This waiver shall be limited
to the escrow account/prepayment aspect of this subsection. The person
or entity requesting the law enforcement services shall remain fully
responsible for paying for same. In the event the person or entity
requesting the off-duty police services fails to submit payment within
30 days of the approval of the use of the off-duty police officers,
the City shall not be responsible for paying the subject officers
for their off-duty services. The police officers will be limited in
their remedies to pursuing payment from the person or entity that
requested, and received, the services.
E. Rates of compensation; administrative fees; payment for services.
Rates of compensation for contracting the services of off-duty City
police officers shall take effect on January 1, 2011, and shall be
as follows:
(1) For all security and nonconstruction traffic control assignments,
the rate shall be as follows:
(a)
Rate categories and descriptions.
[1]
Low-risk security: $30 per hour.
[a]
Security assignments that have a low probability of police involvement
(example: high visibility for church events or small businesses).
[2]
Moderate-risk security: $35 per hour.
[a] Security assignments that have an elevated risk
of potential police involvement example: larger businesses with high
public volume).
[3]
High-risk security: $40 per hour.
[a] Security assignments that have a substantial risk
of police involvement (example: locations that have a documented crime
issue where officers are hired to address these issues through police
actions).
(b)
Placement in a rate category shall also be determined by overall
police activity at the location.
(c)
The Police Director or designee shall determine which security
rate applies for the person or entity wishing to employ off-duty police
officers.
(2) For all exterior security at licensed liquor establishments, the
rate shall be $55 per hour.
(3) For construction traffic control assignments contracted by the City
of Trenton with private companies, the rate shall be $57.20 per hour.
(4) For non-City-contracted construction traffic control assignments,
the rate shall be $65 per hour.
(5) In addition to the hourly rate, an administrative fee of 14% shall
be applied to all hourly rates.
(6) In the event that a party or employer employs any off-duty City police
officer pursuant to this section, in addition to any compensation
to be paid to the City pursuant to the requirements herein, there
shall also be a fee of $10 per hour per vehicle for the use of marked
police vehicles.
(7) Periodic special events such as parades, festivals, etc., shall be
compensated under the regular overtime rates.
(8) Rates of compensation shall be reviewed on a yearly basis for any
contractual or other increases.
F. Penalty. Any person or entity who employs off-duty City police officers
in order to perform the above services without first having complied
with the requirements of this section shall be subject to the fines
set forth in the City's Code of Ordinances for each day that the party
or entity employs any City police officer, unless a waiver of said
requirements has been granted by the Police Director.