Chapter 56 POLICE DEPARTMENT ARTICLE I 56-1. Establishment and duties. 56-2. Appropriate authority. 56-3. Chief of Police. 56-4. Appointments. 56-5. Special Police Officers. 56-6. Police Department appointments. 56-7. Disciplinary removal. 56-8. Residency requirements. ARTICLE II Off-Duty Police Employment 56-9. Findings. 56-10. Requesting off-duty police service. 56-11. Escrow for off-duty police 56-12. Contract for off-duty police 56-13 Assignment of personnel to perform off-duty police 56-14. Payment to borough personnel for off-duty 56-15. Rates of compensation for offduty police 56-16. Insurance. 56-17. Indemnification. 56-18. Emergencies. HISTORY: Article I adopted by the Mayor and Borough Council of the Borough of Seaside Park 8-4-1994 as Ordinance No. 1168. 1 Amended 4-2-1998 by Ord. No. 1224. Article II adopted 3-18-2002 as Ordinance 1294. Amended by Ord. No. 1306. Be it ordained by the Mayor and Council of the Borough of Seaside Park, in the County of Ocean and State of New Jersey, as follows: ARTICLE I Adopted 8-4-1994 as Ord. No. 1168 56-1. Establishment and duties. 1 A. There is hereby established in and for the Borough of Seaside Park Police Department which shall consist of a Chief of Police and such Captains, Lieutenants, Sergeants, Detectives, Patrolmen, Identification Officer, Police Matron and Special Officer(s) as shall be deemed necessary by the Mayor with the advice and consent of the Council 1 EDITOR'S NOTE: Ord. No. 1168 repealed former Chapter 56 (Police Department) adopted 12-19-1958 as Ord.No. 583, amended as follows: 1-21-1963 by Ord. No. 612; 1-17-1964 by Ord. No. 617; 9-1-1983 by Ord. No. 882. after consideration of the recommendation of the Chief of Police. Said governing body shall from time to time determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions together with their compensation. B. 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 Seaside Park, 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 Police Department shall be located in the Municipal Building in the Borough of Seaside Park or such Police Headquarters as established by the Borough governing body. 5601
Chapter 56 Police Department Code of the Borough of Seaside Park 56-2. Appropriate authority. Amended 4-2-1998 by Ord. No. 1224 The Mayor and Council of the Borough of Seaside Park shall be the appropriate authority as provided for in N.J.S.A. 40A:14-118. They shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members. A. All rules and regulations shall be binding on the members of the Police Department and each member shall thoroughly familiarize himself or herself with them. Each member of the Department shall receive a copy of said rules and regulations and a copy of the rules and regulations or any amendments thereto shall be posted on the departmental bulletin boards and shall be sufficient notice of the contents thereof. 56-3. Chief of Police. Amended 4-2-1998 by Ord. No. 1224 A. The Chief of Police shall be the head of the Seaside Park 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: 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 and personnel; 4. Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's discretion and control; and 5. Report at least monthly to the Mayor and Council in such form as shall be prescribed by the governing body on the operation of the Force during the preceding month and make such other reports as may be requested by the Mayor and Council. 56-4. Appointments. All appointments to any position within the Seaside Park Police Department shall be made by resolution of the Mayor with the advice and consent of the Council after consideration of the recommendation of the Chief of Police and all appointments shall be made according to and subject to Department of Personnel Rules and Regulations of the State of New Jersey. 56-5. Special Police Officers. A. The Mayor, with the advice and consent of the Council, shall appoint a number of Special Police Officers available for assignment to active police duty subject to eligibility criteria and limitations set forth in the "Special Law Enforcement Officers Act." 2 B. Classification of Special Police Officers. There shall be the following two (2) classes of special police officers pursuant to law: 1. Class 1: Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. Such officers shall have the power to issue summonses for disorderly persons offenses, petty disorderly persons offenses, violations of Municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no officer of this class shall be assigned any duties which may require the carry of or use of a firearm. 2. Class 2: Officers of this class are authorized to exercise full powers and duties of a regular police officer. The use of a firearm by such officer may only be authorized upon successful completion of training and instruction as required by law. C. Compensation. Each special police officer shall receive compensation as provided for in the salary ordinance of the borough. 3 D. Not members of Police Department. No special police officer, by virtue of his appointment as such, shall be or become a member of the Police Department. E. Use of Firearms and Equipment Limited. No Special Police Officer shall wear the police uniform except while actually on duty, nor shall any Special Police Officer carry any police equipment in a private vehicle unless reporting to or returning from duty. F. Use of private vehicle restricted. No Special Police Officer shall use his private vehicle on official police business unless directly ordered to do so by the Chief of Police, or one acting on his behalf. G. Compliance with rules and regulations. Every special police officer, while on duty, shall abide by all the rules and regulations of the Police Department. Any violation of the rules and regulations where the penalty for a Police Officer is a suspension or dismissal, may result in the immediate dismissal of the Special Police Officer. 2 EDITOR'S NOTE: N.J.S.A. 40A:14-146.8 et seq. 3 EDITOR'S NOTE: See Chapter 60 (Salaries and Wages). 5602
56-6. Police Department appointments. A. No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Mayor and Council require that an applicant for appointment to the Police Department successfully complete a physical, mental and psychological examination. 56-7. Disciplinary removal. A. 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. 56-8. Residency requirements. All applicants for positions in the Police Department except the Police Physician and Special Officers must be residents of the Borough of Seaside Park if they are candidates for permanent Police Officer or Patrolman positions. This ordinance is authorized by N.J.A.C. 4A:4-4.7(a)(7) and requires residency from the closing date of the Civil Service Test and it is to be maintained at least until the date of appointment to a current position in the Borough's Police Department. ARTICLE II Off-Duty Police Employment Adopted 3-18-2002 as Ord. No. 1294 56-9. Findings. The Mayor and Borough Council of the Borough of Seaside Park hereby find and declare as follows: A. The Attorney of the State of New Jersey and the New Jersey Division of Local Government Services have determined that members of a municipal police department may, during their off-duty hours, engage in police-related activities for private persons or entities. Pursuant to the Laws of the State of New Jersey, a municipality may agree to implement a system whereby the off-duty assignments of police officers are arranged through a contract between the municipality and the private person or entity. B. The contact between the municipality and private person or entity must include a provision whereby the compensation for off-duty police-related services is placed in a fund established by the municipality, with the proceeds of said fund being disbursed by the municipality to the individual police officers performing such C. It is in the best interest of the Borough of Seaside Park to establish a procedure for the assignment of off-duty police services which will allow for the greater protection of the citizens of the Borough. 56-10. Requesting off-duty police A. Any person or entity requesting the services of an off-duty police officer shall submit said request to the Police Chief for approval which shall be granted if, in the opinion of the Police Chief, such employment would be consistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officer of officers who are to perform the work. Nothing in this section shall be construed as limiting the power of the Police Chief to accept or reject any and all assignments with any private person or entity. The request shall include as estimate of the number of hours such services are required and shall be submitted to the Police Chief at least the (10) days before such services are required. B. Any person or entity requesting the services of an off-duty police officer shall, upon approval by the Police Chief, deposit with the Borough Treasurer/Chief Financial Officer an amount sufficient to cover the rates of compensation and administrative fees set forth in 56-15 for the total estimated hours of service. 56-11. Escrow for off-duty police A. An escrow fund under the control and direction of the Borough Treasurer/Chief Financial Officer shall be established to provide payment to police officers performing off-duty All deposits for payment of off-duty police services shall be held in this escrow account to the credit of the person or entity requesting The Borough Treasurer/Chief Financial Officer shall keep a record of all costs related to the assignment of personnel for off-duty B. In the event the funds in such escrow account should become depleted, services of off-duty police officers shall cease and requests for further or future services shall not be assigned or performed until additional funds have been deposited in the escrow account. C. The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of D. Should the costs for off-duty services amount to less than the amount deposited, the Police Chief, or designee, shall upon termination of the contract and receipt of the final certified time slips, arrange for the return of all unused funds to the private person or entity. 56-12. Contract for off-duty police A. Any private person or entity requesting the services of any off-duty police officers for off-duty police 5603
Chapter 56 Police Department Code of the Borough of Seaside Park related activities shall be required to enter into a contract with the Borough of Seaside Park. Said contract shall provide for the payment of a deposit in advance by the private person or entity for the services to be performed and shall include the nature of duties to be performed, the location of said duties, the date and hours of services, the rate of payment for personnel, administrative fees, and fees for the use of Borough-owned equipment. B. The Police Chief, or designee, is hereby authorized on behalf of the Borough of Seaside Park to enter into contracts for off-duty police services pursuant to this ordinance. 56-13. Assignment of personnel to perform offduty police A. Prior to assigning any police officer to off-duty service, the Police Chief or designee, shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request. The Police Chief shall not assign any off-duty police officers unless all gees and compensation required in the manner described above have been deposited. No officer shall provide any such services for more hours than are specified in the request for B. Police officers assigned to perform off-duty services shall submit required documentation to the Police Chief, or designee, upon completion of assignment. C. Upon receipt of required documentation, the Police Chief, or designee, shall authorize payment to the police officer for assigned and performed off-duty services at the next regularly scheduled pay date. 56-14. Payments to borough personnel for offduty A. Any police officer assigned to perform off-duty services shall perform such services as an employee of the Borough and shall be subject to the established Rules and Regulations of the Police Department. B. Payment to police officers for off-duty police services shall be made from the Borough s payroll account in accordance with established payroll procedures. 56-15. Rates of compensation for off-duty police A. The rate of compensation for off-duty police services shall be the rate provided for such services in the current Collective Bargaining Agreement between the Borough of Seaside Park and P.B.A. Local 182, or if no rate for these services is specifically provided, the rate shall be one and onehalf times the calculated hourly rate for top police officer pay scale reflected in the current Collective Bargaining Agreement. B. An additional administrative fee equal to fifteen percent (15%) of the above shall be paid to the Borough to cover social security contribution, workers compensation insurance, and other costs associated with the assignment of off-duty police officers. C. The fee for a patrol vehicle used for off-duty services shall be ten dollars ($10.00) per hour. 56-16. Insurance. Amended by Ord. No 1306 Each private person or entity who shall employ offduty police officers pursuant to this ordinance shall be responsible or maintain their own insurance coverage. Each private person or entity shall be required to name the Borough of Seaside Park as an additional insured. Said insurance coverage shall include general liability and non-owner automobile and shall be in an amount of not less than one million ($1,000,000.00) dollars per occurrence/two million ($2,000,000.00) dollars annual aggregate. Said insurance coverage shall provide for coverage of any and all police officers, vehicles and/or equipment that is utilized in the off-duty assignment. Proof of said insurance coverage shall be provided to the Police Chief, or designee, and approved by the Borough Attorney as to form prior to the assignment of any off-duty police officers to said private person or entity. 56-17. Indemnification. Each private person or entity requesting the services of off-duty police officers shall indemnify the Borough of Seaside Park for any and all damages which may arise from the off-duty police officer s employment by said private person or entity. 56-18. Emergencies. The Police Chief, or designee, shall have the authority to order any police officer, engaged in off-duty assignments within the Borough of Seaside Park, to respond to an emergency situation within the Borough. The Police Chief, or designee, shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or citizens of the Borough of Seaside Park. In the event a police officer is assigned to an emergency situation, the Police Chief, or designee, shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said private person or entity shall not be responsible for the payment of the officer s hourly rate, administrative fee, or any other fees to the Borough until such time as such police officer and/or equipment returns to the off-duty assignment. 5604
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