[Ord. No. 1037; Ord. No. 1315, 7-14-1998; Ord. No. 1880, 6-13-2006; Ord. No. 2060, 3-24-2009; Ord. No. 2143, 1-25-2011; Ord. No. 2400, 8-14-2018; Ord. No. 2422, 6-11-2019; Ord. No. 2518, 2-14-2023; Ord. No. 2558, 5-28-2024]
a. 
The Township of Bernards Police Department, as has been heretofore legally established under applicable laws of the State of New Jersey, is continued. The Police Department shall consist of no more than a Chief of Police, one Deputy Chief of Police, four Lieutenants, seven Sergeants, four Corporals, 23 patrol officers and Detectives and such other officers and patrol persons as will be determined by the Township Committee from time to time as being proper and feasible for the Department. These members of the Bernards Township Police Department shall be duly sworn.
b. 
The Police Department shall also consist of certain civilian personnel to fill various positions, including but not limited to clerks, dispatchers, matrons and also special law enforcement officers, to be employed for special events, emergency purposes and otherwise. The Township Committee shall designate and thereafter appoint appropriate numbers of the above-mentioned civilian personnel as is deemed necessary for the efficient operation of the Police Department. Such civilian personnel shall not be members of the Department, except those who are designated as members by statute or ordinance.
[1]
Editor's Note: Prior Ord. No. 14, 8-20-1968, 408 and 444 have been replaced in entirety by Ord. No. 1037.
[Ord. #1037; Ord. #1050, § 1; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
In accordance with N.J.S.A. 40A:14-118, the Bernards Township Committee is designated as the appropriate authority with the power to fix policies for the regulation and control of the Police Department. These policies shall serve as guides for the Chief of Police with regard to efficiency and routine day-to-day operations. The Township Committee shall adopt and promulgate rules and regulations for the government of the police force and for the discipline of its members. The Mayor may annually appoint a Police Subcommittee comprised of (a) the Township Administrator; and (b) a Township Committee member or members who shall advise the Township Committee on police issues.
[Ord. #1037; Ord. #1050, § 2; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
The head of the Police Department shall be the Chief of Police who shall be appointed by the Township Committee and who shall carry out such duties as the Township Committee shall assign to the Chief. The Chief of Police shall be directly responsible to the Township Committee for the efficiency and routine day-to-day operations of the Police Department and shall have the authority to assign day-to-day duties to members and other personnel of the Department. The Chief of Police shall keep the records of the Police Department in such manner and form as may be prescribed by the Police Subcommittee and each month shall make reports in writing to the Township Committee, as the Township Committee may require, of the operations and conduct of the Police Department during the preceding month. The Chief shall also report, in writing, whatever information the Township Committee or the Chief of Police may deem necessary to impart for the public benefit and the good of the Police Department. The Chief of Police shall recommend to the Township Committee rules and regulations for the conduct and discipline of the members of the Police Department and amendments to the rules and regulations as necessary.
The Chief of Police shall, among other duties:
a. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
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; and
d. 
Delegate such authority as he or she may deem necessary for the efficient operation of the force to be exercised under his or her direction and supervision.
[Ord. #1037; Ord. #1315, 7-14-1998, amended]
The Police Department shall:
a. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections, public meetings and assemblages;
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 to protect the safety and facilitate the convenience of motorists and pedestrians;
c. 
Remove or cause to be removed 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. 
Provide proper police attendance and protection at fires;
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments;
f. 
Operate a training program to maintain and improve the efficiency of the members of the Department, subject to the budgetary approval of the Township Committee;
g. 
Administer and enforce the rules and regulations for the disposition, conduct and discipline of the Department; and
h. 
Be responsible to the Township Committee for all equipment and property of the Police Department and preserve, maintain and protect all such equipment and property in good order and useful condition and render a strict account thereof when called for by the Township Committee or the public safety.
[Ord. #1037; Ord. #1050, § 3; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
Each applicant for a position in the Police Department shall possess the qualifications required by N.J.S.A. 40A:14-122, as amended, and any other applicable statutes. The minimum age for appointment shall be 18 years and the maximum age shall be 35 years old, except as set forth in N.J.S.A. 40A:14-127.1. With the approval of the Township Committee, the Chief of Police may establish additional qualifications and requirements relating to level or nature of experience, training, or particular expertise for applicants for particular positions which the Police Department seeks to fill. All such additional qualifications shall be clearly specified in advertisements for the open position. Appointment of a new permanent Police Chief shall be made by the Township Committee, taking into consideration such evaluation or evaluation process as it may deem appropriate. All appointments of other new officers or employees of the Department, and all promotions, shall be made by the Township Committee, after receipt of reports or recommendations, if submitted, from the Police Chief and the Police Subcommittee.
[Ord. #1037; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
The term of the permanent officers and patrol persons employed in the Department shall be for the time that good behavior and efficiency is maintained. Every newly appointed officer shall serve a probationary period which shall run until the later of (a) 12 months from the start of employment as an officer; or (b) six months of service after successful completion of the course at a New Jersey-certified police training academy. No member shall serve as an officer or a member of the Department after attaining the age of 65 years. Probationary officers may be removed from employment by the Township at any time during their probationary period or at its conclusion upon notice and an opportunity to be heard.
[Ord. #1037; Ord. #1050, Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
The Township Committee shall, by resolution, from time to time as in its judgment may seem necessary, adopt and amend the rules and regulations for the conduct and discipline of the Police Department and members thereof. The Township Administrator shall distribute copies of any newly adopted rule, regulation or amendment promptly after its adoption to all Township Committee members and the Chief of Police. Any such rule, regulation or amendment shall take effect 30 days after adoption unless the Township Committee shall declare, in its resolution, that an emergency exists which requires a rule, regulation or amendment to take effect immediately. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members and employees of the Police Department shall be subject to such rules, regulations and penalties.
[Ord. #1037; Ord. #1050, § 5; Ord. #1315, 7-14-1998, amended]
a. 
Disciplinary action shall be taken against members of the Police Department in accordance with N.J.S.A. 40A:14-147, court decisions and the rules and regulations adopted by resolution pursuant to Subsection 2-7.7 above. Police officers may be disciplined for the reasons set forth in N.J.S.A. 40A:14-147, including but not limited to misconduct or disobedience of rules and regulations.
[Ord. #1880, 6-13-2006, amended]
b. 
Disciplinary action against a police officer (the respondent) includes counseling, oral reprimand, written reprimand, fine, voluntary surrender of time off in lieu of a fine, voluntary surrender of accumulated overtime in lieu of a fine, suspension, demotion or removal from the police force. Disciplinary action shall be initiated by written complaint.
[Ord. #1880, 6-13-2006, amended]
c. 
The complainant shall file said complaint with the Township Administrator and simultaneously serve a copy upon the respondent and the Chief of Police.
[Ord. #1880, 6-13-2006, amended]
d. 
Said complaint shall specify the disciplinary charge(s) and shall notify the respondent of the date, time and place of the hearing which shall be not less than 10 nor more than 30 days from the date of service thereof upon the respondent. A failure to comply with said provisions as to the service of the complaint shall require a dismissal of the complaint. Prior to serving the complaint, the complainant shall ask the hearing officer, as specified in Paragraph f, to designate a hearing date within the specified time limits. Adjournment of up to 45 days may be granted if both parties consent.
e. 
A complaint charging a violation of the rules or regulations adopted pursuant to Subsection 2-7.7 above shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a respondent for a violation of those rules or regulations is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state, in which case the forty-five-day limit shall begin on the day after the disposition of the criminal investigation. A failure to file a complaint within the forty-five-day limits of this paragraph shall require dismissal of the complaint, except that the forty-five-day limits of this paragraph shall not apply to complaints filed against respondents by private individuals. Upon the filing of a complaint by a private individual, the Chief of Police shall cause the department to conduct an internal investigation. If the internal investigation finds probable cause to believe that there has been a violation of the Department rules and regulations, the officer in charge of the investigation shall file departmental charges and the matter shall proceed as otherwise provided in this Subsection 2-7.8. If the internal investigation does not find such probable cause, departmental charges shall not be filed.
f. 
The hearing shall be before the Township Administrator. In the absence or ineligibility of the Township Administrator, the hearing shall be conducted by the Township Committee or its designee. As used in this section, "hearing officer" means the person before whom the hearing is conducted. The hearing officer shall function as the trier of fact and shall sustain or dismiss the charge(s). The hearing officer shall determine the appropriate disciplinary action pursuant to rules and regulations as adopted by Township Committee, pursuant to Subsection 2-7.7 above.
[Ord. #1880, 6-13-2006, amended]
g. 
The complainant shall have the burden to prove each disciplinary charge by a preponderance of the evidence.
h. 
The complainant and respondent may examine and cross-examine witnesses, retain counsel, offer evidence and obtain reasonable discovery.
i. 
The hearing officer shall issue a written decision within 15 days after the hearing, setting forth findings of fact and conclusions of law.
j. 
Should the disciplinary charge be sustained by the hearing officer, the respondent may obtain court review thereof in the manner prescribed by law.
k. 
The disciplinary procedures set forth herein do not apply to probationary officers, who may be removed at any time during their probationary period or at its conclusion upon notice and an opportunity to be heard.
[Ord. #1880, 6-13-2006, added]
[Ord. #1037; Ord. #1315, 7-14-1998, amended]
As provided by N.J.S.A. 40A:14-146.8 et seq. (P.L. 1985, c. 439), as amended from time to time, the Township Committee may appoint special law enforcement officers who shall be so designated. Such appointments shall be for one year or such lesser time as the Township Committee may specify at the time it makes any such appointment. Such special law enforcement officers, when assigned to duty by the Chief of Police shall, within the scope of such assignment, have all the powers and duties of regular police officers (except as limited by N.J.S.A. 40A:14-146.14 or other applicable statute), but shall not be members of the Police Department. Special law enforcement officers shall receive such compensation as the Township Committee shall fix, shall be subject to call of duty by and shall be under the supervision and direction of the Chief of Police, or in the absence of the Chief, by and of the Acting Police Chief, if any, or the next highest ranking superior officer in the Police Department. While on duty and service to the municipality, special law enforcement officers shall devote themselves exclusively thereto. Special law enforcement officers shall be governed by the rules and regulations of the department and shall be subject to disciplinary action under the same procedures as in Subsection 2-7.8 above.
[Ord. #1037; Ord. #1050, § 6; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
In case the Chief of Police is absent or goes on voluntary temporary leave, he or she shall, if the Chief deems it necessary for the efficient operation of the force, designate a member of the Police Department to act as Chief of Police until the Chief of Police returns to duty. In case of death, removal, suspension, incompetency or resignation of the Chief of Police, or if the Township Committee determines that the Chief of Police is incapable of making such designation, the Township Committee shall designate the person to act as Chief until the Chief of Police returns to duty or until a successor is appointed. The person so designated shall be charged with and perform all the duties of the Chief of Police while so acting. Such temporary appointment shall not increase the compensation of the person so designated.
[Ord. #1037; Ord. #1315, 7-14-1998, amended]
The Township Committee may, in its discretion, appoint police matrons for the Police Department in such number as the Township Committee may determine, and upon their appointments they shall become members of the Department in accordance with N.J.S.A. 40A:14-140.
[Ord. #1037; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended]
a. 
The Township Committee may, in its discretion, appoint persons at least 18 years of age as school crossing guards in such numbers as the Township Committee may determine. No person shall be appointed as school crossing guard unless such person:
1. 
Is a citizen of this state;
2. 
Is sound in body and of good health;
3. 
Is of good moral character;
4. 
Has not been convicted of any criminal offense involving moral turpitude; and
5. 
Has been certified as eligible by the Chief of Police.
b. 
School crossing guards shall be appointed for terms not exceeding one year. The Township Committee may revoke any such appointment for cause and after proper hearing before the Township Administrator or other person designated as under Subsection 2-7.8f above. The powers and duties of a school crossing guard shall cease at the expiration or termination of the term for which the guard was appointed.
c. 
School crossing guards shall not be members of the Police Department, but shall be under the supervision and direction of the Chief of Police and shall comply with the rules and regulations applicable to the conduct and decorum of regular police officers. They shall perform their duties only in this Township.
d. 
School crossing guards shall not have the right to bear firearms or the power of arrest.
e. 
Every school crossing guard shall receive such training and uniform as provided by law.
[Ord. #1037; Ord. #1315, 7-14-1998, amended]
The compensation for all members of the Police Department and special law enforcement officers and other personnel shall be fixed by the Township Committee each year.
[Ord. #1037; Ord. #1136, §§ 1-6; Ord. #1254, 5-13-1997, amended; Ord. #1315, 7-14-1998, amended; Ord. #1880, 6-13-2006, amended; Ord. #2026, 8-12-2008, § 1, amended]
a. 
Reciprocal Agreement Established. Pursuant to N.J.S.A. 40A:14-156.1, there is hereby established a mutual aid agreement with all other municipalities in Somerset County, New Jersey, or with any other municipality in the State of New Jersey, whether or not such municipality is located within Somerset County, which municipality has adopted a reciprocal ordinance to provide mutual police aid in the event of an emergency, and has entered into an interlocal or shared service agreement with the Township pursuant to law. The terms and conditions of such mutual aid agreements shall govern, in conjunction with the terms and conditions of providing mutual aid as provided by N.J.S.A. 40A:14-156.1, et seq. Such mutual aid agreements shall apply whenever the Township of Bernards shall have an emergency within its boundaries requiring additional police assistance to protect life and property, and whenever any reciprocating municipality may experience a similar emergency requiring additional police assistance.
b. 
Adoption of Agreement. The participation by the Township of Bernards shall be pursuant to the terms and conditions set forth in the intermunicipal mutual aid agreement, as adopted and executed by the Township, in conjunction with the terms and conditions of providing mutual aid as provided by N.J.S.A. 40A:14-156.1, et seq., and set forth herein. Any future amendments or modifications to the intermunicipal mutual aid agreement shall not require an amendment to this subsection, provided such amended or modified agreement is not inconsistent with the terms and conditions set forth in this subsection, and is authorized by proper resolution of the Township.
c. 
Powers, Authority and Immunities. In accordance with N.J.S.A. 40A:14-156.2, the members of the Bernards Township Police Department, while on duty rendering assistance to any other municipality entering into such a reciprocal agreement, shall have the same powers, authority and immunities as have the members of the police force of the municipality in which such assistance is being rendered.
d. 
Report to Governing Body. The Chief of Police shall provide the governing body with a brief summary of the types of services rendered and received under the agreement, along with appropriate comments and recommendations, as soon after the end of the third quarter of the calendar year as practical.
e. 
This subsection shall continue in effect from and after its year of adoption, except as may be amended from time to time.
[1]
Editor's Note: Former Subsection 2-7.14, Transition, was repealed by Ord. #1880, 6-13-2006. Said ordinance also provided for the redesignation of former Subsections 2-7.15 and 2-7.16 as Subsections 2-7.14 and 2-7.15, respectively.
[Ord. #1332, 10-13-1998, added; Ord. #1880, 6-13-2006, amended]
Whenever a member or officer of the Police Department is a defendant in any action or legal proceeding arising out of or directly related to the lawful exercise of police powers in the furtherance of his official duties, the governing body of the municipality shall provide said member or officer with necessary means for the defense of such action or proceeding. The governing body shall select for the officer one of the following three methods of defense:
a. 
Assignment of an attorney to represent the officer at a rate not to exceed the hourly rate in effect for the Township Attorney as of the date the legal services were performed, which rate may be amended from time to time by resolution of the governing body; or
b. 
Permitting the officer to select an attorney designated by the municipality to defend officers in such actions at a rate not to exceed the hourly rate in effect for the Township Attorney as of the date the legal services were performed, which rate may be amended from time to time by resolution of the governing body; or
c. 
Payment to an attorney of the officer's own choice, at a rate not to exceed the hourly rate in effect for the Township Attorney as of the date the legal services were performed, which rate may be amended from time to time by resolution of the governing body.
But no defense shall be provided in a disciplinary proceeding instituted against him by the municipality or in a criminal proceeding instituted as a result of a complaint on behalf of the municipality. If any such disciplinary or criminal proceeding instituted by or on complaint of the municipality shall be dismissed or finally determined in favor of the member or officer, he shall be reimbursed for the expense of his defense at a rate not to exceed the hourly rate in effect for the Township Attorney as of the date the legal services were performed, for the reasonable number of hours expended by his attorney in his behalf.
[Ord. No. 1936, 4-24-2007; Ord. No. 2329, 12-29-2015; Ord. No. 2542, 12-28-2023]
a. 
Police officers may work for outside private contractors on their off-duty hours with the approval of and provided the Chief of Police determines, in his discretion, that there are sufficient police personnel available, that the outside employment assignment will not interfere with the needs of the Township, and that sufficient funds have been deposited in an escrow account with the Township Chief Financial Officer to cover the anticipated costs of such off-duty assignments.
b. 
The Township has established an escrow account dedicated to the payment of off-duty police officers for outside employment by private contractors. Any prospective contractor must apply to the Chief of Police, requesting off-duty police services. The written application shall include the following information:
1. 
The dates that off-duty police services and police vehicle(s) will be needed.
2. 
An estimate of the number of hours the contractor anticipates using the off-duty police officer(s) and, if appropriate, police vehicles.
3. 
A check to cover the cost of off-duty police services and use of any Township vehicles based on the estimated number of hours shall be submitted before the start of off-duty employment in accordance with state and Division of Local Government services regulations.
c. 
Prospective contractors who continuously request off-duty police service, or anticipate a need for periodic or long-term off-duty police services, may request to deposit monies with the Township on an ongoing basis to be depleted as such work is performed. Funds on deposit shall not earn interest.
d. 
If the contractor's needs exceed the estimated sum in the escrow account, the Chief of Police, or his designee, shall immediately notify the contractor that the funds in the escrow account are insufficient to pay for continued off-duty police services. The contractor shall then either replenish the escrow account with a check sufficient to pay for continued services or the Chief of Police shall immediately terminate provision of the off-duty police services to the contractor.
e. 
If the contractor's estimated costs exceed the actual costs incurred, then the Township shall, upon proper notice to the Township Chief Financial Officer, refund the remainder of the escrow account.
f. 
Rates for off-duty police services:
1. 
The base flat rate of pay shall be calculated annually as time-and-one-half rate of Sergeant's maximum attainable pensionable rate for that year. All personnel above the rank of Sergeant on December 31, 2023, shall have their higher rate grandfathered without annual increase. Should the flat rate become higher than an employee's grandfathered rate, the employee shall be transitioned to the flat rate.
2. 
Bernards Township PBA 357 reserves the right to negotiate alternate flat rates of pay as needed for recurring jobs with outside vendors, to include public and private schools, the Township of Bernards and other organizations or corporations.
3. 
Such alternate flat rates of pay shall be reviewed annually by PBA 357 and be communicated to the Township no later than one week following the second PBA meeting of the calendar year.
4. 
Bernards Township PBA 357 reserves the right to appoint a designee from the membership to negotiate flat rates with outside vendors for recurring jobs that are not anticipated during the second PBA meeting of the calendar year.
5. 
In addition to the amounts noted above, an administrative fee of 15% of gross wages paid will be charged to the contractor. The failure of a contractor to contact the Police Department at least two hours in advance of the start of an assignment to cancel the request for off-duty police services will result in a four-hour charge to the contractor. Bernards Township, the Bernards Township Sewerage Authority, and the Bernards Township Board of Education shall be exempt from this administrative fee.
g. 
Rates for special police officer services:
1. 
The rate of pay will be as adopted in the Township Salary Ordinance.
2. 
In addition to the amounts noted above, an Administrative Fee of 15% of gross wages paid will be charged to the contractor. Bernards Township, the Bernards Township Sewerage Authority, and the Bernards Township Board of Education shall be exempt from this administrative fee.
h. 
When a Township police vehicle is available and being utilized as an active traffic control device, the fee charged for use within the Township is $100 flat fee for the first four hours or any portion thereof; the fee charged for use outside of the Township is $150 flat fee for the first four hours or any portion thereof. Regardless of geographic location, jobs in excess of four hours will incur an additional vehicle fee of $15 per hour or portion thereof. The Bernards Township Board of Education, the Township of Bernards and not-for-profit organizations located in Bernards Township are exempt from the fees charged for use of police vehicles.
i. 
In event of an emergency situation, where the written application for off-duty police services cannot be made prior to the date such service is required, payment for such service must be made to the Township within 24 hours after the emergency situation has been resolved or concluded. For the purposes of this section, "emergency situation" shall mean any construction, maintenance or repair required to be performed as a result of an unforeseen event or act of God, whereby the private contractor had no prior notice of the condition, and off-duty police services are required for the public safety and welfare, which determination is left in the sole discretion of the Chief of Police.