Pursuant to the provisions of N.J.S.A. 40A:14-118 et seq., the
Police Department of the Borough of Hopatcong is hereby established.
Said Department may consist of a Chief of Police, and three Lieutenants,
and Sergeants; or a Chief of Police, a Captain and two Lieutenants,
and Sergeants; and under either command structure as listed above,
such other patrolmen, probationary officers, police matrons and such
clerks, dispatchers and other officers and employees as the Mayor
and Borough Council may from time to time provide for.
All members of the Police Department shall be appointed by the
Mayor, with the advice and consent of the Council, to hold office
as provided by law.
There is hereby adopted by the Mayor and Council, for the purpose
of adopting a police manual and rules and regulations for the operation,
government and discipline of the Police Department of the Borough
of Hopatcong, that certain manual entitled "Police Manual and Rules
and Regulations for the Police Department of the Borough of Hopatcong,"
of which manual not less than three copies have been and now are filed
in the office of the Clerk of the Borough of Hopatcong, and the same
is hereby adopted and incorporated as fully as if set out at length
herein and shall take effect from the date of the adoption of this
chapter.
A. The aforesaid manual, when adopted, shall be posted by the Chief
of Police within five days after the adoption of this chapter in the
municipal building assigned to the Police Department, and a copy thereof
shall be delivered to each and every member of the Department within
five days after the adoption thereof and/or any amendment or repeal
thereof. Each member of the Police Department shall, within 30 days
from the delivery thereof, acknowledge that he or she has received
a copy thereof, has read same and is familiar with the content thereof.
B. The manual herein adopted may from time to time be amended and portions
thereof repealed by resolution of the Mayor and Council of the Borough
of Hopatcong.
C. If any clause, sentence, subdivision, paragraph, section or part
of said Police Manual and Rules and Regulations for the Operation,
Government and Discipline of the Police Department of the Borough
of Hopatcong is adjudged by any court of competent jurisdiction to
be invalid, said judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, subdivision, paragraph, section or part thereof directly
involved in the controversy in which said judgment shall have been
rendered.
Each member of the Police Department shall, before entering
upon the performance of his duties, take and subscribe an oath to
bear true faith and allegiance to the government established in this
state, to support the Constitutions of the United States of America
and the State of New Jersey and to faithfully, impartially and justly
discharge and perform all the duties of his office, which oath or
affirmation shall be filed with the Borough Clerk within 10 days after
appointment.
It shall be the duty of the Chief of Police and the Police Commissioner
to confer from time to time as to matters affecting the Department,
and they shall, at least once in each year, make a report to the Mayor
and Council of the activities of the Department for the preceding
year, together with such recommendations concerning the Department
as they shall deem wise and appropriate.
For copies of all official reports, for the taking of fingerprints
where required, for any type of application for a permit issued by
the Borough, and for copies of all other public documents, the Police
Department shall charge such fees as may be from time to time fixed
and established by resolution of the Mayor and Council; provided,
however, that no fee shall be charged to any local, county, state
or federal law enforcement agency. Reviewing of reports, photostats
or reports and viewing of accident photographs will be conducted at
the police headquarters in the Municipal Building daily from Monday
to Friday between the hours of 9:00 a.m. and 5:00 p.m.
A receipt shall be issued for all moneys received by the Police
Department for services extended and material distributed by the Police
Department. All fees collected are to be transmitted to the Borough
Treasurer within 48 hours.
Whenever any member of the Police Department shall be required
to appear before any grand jury or at any county, superior or supreme
court proceeding, except in a civil action, the time during which
he or she is so engaged shall be considered a time of assignment to
and performance of duty. When such appearance occurs during the member's
assigned duty hours, he or she shall suffer no loss in compensation.
When such appearance occurs outside his assigned duty hours, he or
she shall receive either compensatory time off from his regular duty
hours or additional compensation.
[Amended 3-1-2023 by Ord.
No. 1-2023]
A. Applications for quasi-public police services shall be made to the
Chief of Police on a form approved by the governing body. Upon submission
of the signed form, requisite certificate(s) of insurance and determination
of the applicable fees, the Police Chief, if approving of the request
for quasi-public police services, shall execute the form on behalf
of the Borough of Hopatcong.
B. Applicants shall be required to release, hold harmless, defend and
indemnify the Borough, its officers, officials, agents and employees
for any and all liability, claims, losses, suits, actions, demands,
all damages, costs and attorney's fees that may arise, directly
or indirectly, from the services provided.
C. Deposits. Whenever an application for quasi-public police services
is approved as set forth above, the applicant requesting the service
shall place an escrow with the Borough of Hopatcong as follows:
(1) An escrow in the amount of $80 per hour; and
(2) An additional administrative fee equal to 15% of the escrow for administrative
fees.
(3) For any police vehicle used for contracted police services, there
shall be a fee of $10 per hour, with a minimum of a four-hour request.
Any Borough of Hopatcong, Hopatcong Board of Education or County of
Sussex requirement for contracted police services is exempt from the
use of police vehicles fee.
D. Payment of escrow. Escrow must be paid at such time the application
is made.
E. Rate of compensations. A uniformed police officer shall be compensated
for quasi-public services at a rate of $80 per hour, regardless of
overtime rate or rank.
F. Refund of escrow. The hourly fees for quasi-public police services shall be deducted at the rate established pursuant to Subsection
E herein. Any remaining escrow balance shall be returned to the applicant within 30 days of completion of quasi-public police services. Administrative fees are nonrefundable and shall not be returned to the applicant under any circumstances.