As used in this Article, the following definitions
apply:
The Police Training Commission established in the Department
of Law and Public Safety pursuant to Section 5 of P.L. 1961, c. 56
(N.J.S.A. 52:17B-70).
Any sudden, unexpected or unforeseeable event requiring the
immediate use or deployment of law enforcement personnel as shall
be determined by the Chief of Police or, in the absence of the Chief,
the highest ranking law enforcement officer or the Mayor. Vacations,
shortages in police personnel caused by vacancies unfilled by the
Mayor and Council for more than 60 days or any other condition that
could reasonably have been anticipated or foreseen shall not constitute
an "emergency" for the purposes of this chapter, but an "emergency"
may continue for the purposes of this chapter when a vacancy remains
unfilled for more than 60 days and when, on application of the Mayor
and Council, the County Prosecutor grants an extension for one or
more additional sixty-day periods upon a showing by the Mayor and
Council of a diligent, good faith effort to fill the vacancy.
Any person appointed pursuant to this chapter and the Special
Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.8 et seq., to temporarily
or intermittently perform duties similar to those performed regularly
by members of a police force or to provide assistance to the police
force during unusual or emergency circumstances.
A.
The Mayor, with the approval of the majority of the
Council, may appoint special law enforcement officers sufficient to
perform the duties and responsibilities permitted by the rules and
regulations of the Department, this chapter and the Special Law Enforcement
Officers' Act.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et
seq.
B.
No person may be appointed as a special law enforcement
officer unless the person:
(1)
Is a resident of this state during the term of appointment.
(2)
Is able to read, write and speak the English language
well and intelligently and has a high school diploma or its equivalent.
(3)
Is sound in body and of good health.
(4)
Is of good moral character.
(5)
Has not been convicted of any offense involving dishonesty
or which would make him or her unfit to perform the duties of his
office.
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the municipality.
C.
Every applicant for the position of special law enforcement
officer appointed pursuant to this chapter shall have fingerprints
taken, which fingerprints shall be filed with the Division of State
Police and the Federal Bureau of Investigation.
D.
No person shall be appointed to serve as a special
law enforcement officer in more than one municipality at the same
time, nor shall any permanent regularly appointed full-time police
officer of any municipality be appointed as a special law enforcement
officer in the Borough of Northvale. No public official with responsibility
for setting law enforcement policy or exercising authority over the
budget of the Borough or supervision of the Police Department of the
Borough shall be appointed as a special law enforcement officer.
E.
Before any special law enforcement officer is appointed
pursuant to this chapter, the Chief of Police or, in the absence of
the Chief, the highest ranking law enforcement officer of the Borough
shall ascertain the eligibility and qualifications of the applicant
and report these determinations, in writing, to the Mayor and Council.
F.
Any person who at any time prior to his or her appointment
has served as a duly qualified, fully trained full-time officer in
any municipality of this state and who was separated from that prior
service in good standing shall be eligible to serve as a special law
enforcement officer consistent with guidelines promulgated by the
Commission. The training requirements set forth in this chapter may
be waived by the Commission with regard to any person eligible to
be appointed as a special law enforcement officer pursuant to the
provisions of this subsection.
A.
No person may commence his duties as a special law enforcement officer unless he or she has successfully completed a training course approved by the Commission, and no special law enforcement officer may be issued a firearm unless he or she has successfully completed the basic firearms course approved by the Commission for permanent, regularly appointed police and annual requalification examinations as required by § 42-18. Training may be in a Commission-approved academy or in any other training program that the Commission may determine appropriate.
B.
There shall be two classifications for special police
officers. The classifications shall be based upon the duties to be
performed by the special law enforcement officer as follows:
(1)
Class One. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
If authorized by ordinance, Class One officers shall have the power
to issue summonses for disorderly persons and 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 Class One officer
shall be assigned any duties that may require the carrying or use
of a firearm.
(2)
Class Two. Officers of this class shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer. The use of a firearm
by an officer of this class may be authorized only after the officer
has been fully certified as successfully completing training as prescribed
by the Commission.
C.
The Commission may, in its discretion, except from
the requirements of this section any person who demonstrates to the
Commission's satisfaction that he has successfully completed a police
training course conducted by any federal, state or other public or
private agency, the requirements of which are substantially equivalent
to the requirements of this Article.
D.
All special law enforcement officers appointed and
in service on January 13, 1986, may continue in service if, within
24 months, they will have completed all training and certification
requirements of this chapter and the Special Law Enforcement Officers'
Act.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et
seq.
A.
Special law enforcement officers will be appointed
by the Mayor and Council for terms not to exceed one year, and the
appointments may be revoked by the Mayor and Council 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.
Nothing herein shall be construed to require reappointment upon the
expiration of the term. The special law enforcement officers so appointed
shall not be members of the police force of the Borough, and their
powers and duties as determined pursuant to this Article shall cease
at the expiration of the term for which appointed.
B.
No special law enforcement officer may carry a firearm
except while engaged in the actual performance of the officer's official
duties and when specifically authorized by the Chief of Police or,
in the absence of the Chief, the highest ranking law enforcement officer
of the Borough to carry a firearm, and provided that the officer has
satisfactorily completed the basic firearms course required by the
Commission for regular police officers and annual requalification
examinations as required for permanent, regularly appointed full-time
officers in the Borough. A special law enforcement officer shall be
deemed to be on duty only while he or she is performing the public
safety function on behalf of the Borough pursuant to this chapter
and when he or she is receiving compensation, if any, from the Borough
at the rates or stipends as shall be established by ordinance. A special
law enforcement officer shall not be deemed to be on duty for purposes
of this chapter while performing private security duties for private
employers which duties are not assigned by the Chief of Police or,
in the absence of the Chief, the highest ranking law enforcement officer
of the Borough or while receiving compensation for those duties from
a private employer. A special law enforcement officer may, however,
be assigned by the Chief of Police or, in the absence of the Chief,
the highest ranking law enforcement officer to perform public safety
functions for a private entity if the Chief of Police or the highest
ranking law enforcement officer supervises the performance of the
public safety functions. If the Chief of Police or highest ranking
law enforcement officer assigns the public safety duties and supervises
the performance of those duties, then notwithstanding that the local
unit is reimbursed the cost of assigning a special law enforcement
officer at a private entity, the special law enforcement officer shall
be deemed to be on duty.
C.
Any firearm utilized by a special law enforcement
officer shall be returned at the end of the officer's workday to the
officer in charge of the stationhouse unless the firearm is owned
by the special law enforcement officer and was acquired in compliance
with a condition of employment established by the Borough. Any special
law enforcement officer first appointed after the effective date of
this chapter shall only use a firearm supplied by the Borough.
D.
No special law enforcement officer shall carry a revolver
or other similar weapon when off duty.
E.
A special law enforcement officer shall be under the
supervision and direction of the Chief of Police or, in the absence
of the Chief, the highest ranking law enforcement officer of the Borough
of Northvale and shall perform his duties only in the Borough unless
in fresh pursuit of any person pursuant to Chapter 156 of Title 2A
of the New Jersey Statutes.
F.
The special law enforcement officer shall comply with
the rules and regulations applicable to the conduct and decorum of
the permanent, regularly appointed police officers of the Borough
as well as any rules and regulations applicable to the conduct and
decorum of special law enforcement officers.
The Chief of Police or, in the absence of the
Chief, the highest ranking law enforcement officer of the Borough
may authorize special law enforcement officers when on duty to exercise
the same powers and authority as permanent, regularly appointed police
officers of the Borough, including but not limited to the carrying
of firearms and the power to arrest, subject to rules and regulations,
not inconsistent with this chapter.
Every special law enforcement officer, prior
to the commencement of his or her duties, shall be furnished with
a uniform that shall identify the officer's function. The uniform
shall include but not be limited to a hat and appropriate badges,
that shall bear an identification number or name tag and the name
of the Borough. The uniform shall also include an insignia issued
by the Commission which clearly indicates the officer's status as
a special law enforcement officer and the type of certification issued
pursuant to this chapter. All special law enforcement officers, prior
to the commencement of duties, shall be in uniform properly displaying
the appropriate insignia. Nothing in this section shall preclude the
designation on an insignia to read either "special police" or "special
law enforcement officer."
The Mayor and Council may, by resolution, charge
a reasonable fee for equipment and uniforms supplied to special law
enforcement officers. Officers will not be charged a fee for the costs
of training or issuing a certificate of appointment. The officer will
not be compensated for time spent in training required herein.
A.
No special law enforcement officer may be employed
for more than 20 hours per week by the Borough, except during periods
of emergency, when such officers may be employed without limitation
as to hours.
B.
If a special law enforcement is assigned to perform
public safety duties for a private entity, he or she may do so for
not more than 20 hours per week in addition to not more than 20 hours
per week employment for the Borough.
C.
The Mayor and Council may designate by ordinance one
special law enforcement officer to whom the limitations on hours employed
does not apply.
D.
Special law enforcement officers may be employed only
to assist the Borough of Northvale but may not be employed to replace
or substitute for full-time regular police officers or in any way
to diminish the number of full-time officers employed by the Borough.
