[Amended by Ord. No. OR96-025; Ord. No. 97-003; Ord. No. 98-015; Ord. No. 00-003; Ord. No. 00-006; Ord. No. 01-002; Ord. No. 01-009; Ord. No. 02-006; 3-27-2006 by Ord. No. 06-008; 6-4-2010 by Ord. No. 10-012; 6-22-2015 by Ord. No. 15-011A; 4-29-2019 by Ord. No. 19-013; 12-16-2019 by Ord. No. 19-039]
[1]
Editor's Note: Former Art. IX, Police Department, previously codified herein and containing portions of Ord. No. 95-021, was redesignated as the Department of Public Safety by Ord. No. 98-015.
A. 
There is hereby established a Department of Public Safety for the Township of Manchester, the head of which shall be the Chief of Police. The Chief of Police shall be appointed by the Appropriate Authority, which shall be the Mayor, with the advice and consent of Council. Pursuant to N.J.S.A. 40A:14-118, there is hereby established the position of Chief of Police.
B. 
Within the Department of Public Safety there are hereby established the following Divisions: the Division of Police, Division of Emergency Services and the Office of Emergency Management.
C. 
The Division of Police and the Division of Emergency Services shall each be supervised by Chief of Police or the Chief's designee. The Division of Police shall be referred to as the Manchester Township Police Department.
D. 
The Office of Emergency Management is created within the Department of Public Safety and shall be supervised by the Chief of Police or the Chief's designee.
A. 
The Division of Police and the Division of Emergency Services shall consist of one Chief of Police and such offices, rank, members and civilian employees as deemed necessary and appropriate by the Chief of Police in the Chief's discretion with the approval of the Mayor. The Chief of Police, with the approval of the Mayor, may in the Chief's discretion leave one or more of the ranking positions vacant. Whenever such office is left vacant, it will be passed in the chain of command. The Chief of Police, with the approval of the Mayor, may appoint any rank or office that has been vacant by naming a person to fill that rank or office.
B. 
Within the Division of Police the following ranks are hereby established: Police Captain, Police Lieutenant, Police Sergeant, Police Patrolman and Police Special Law Enforcement Officer (SLEO).
C. 
Within the Division of Emergency Services the following positions are hereby established: Emergency Management Director, Emergency Services Supervisor, Emergency Medical Technician and EMT/Firefighter.
D. 
Within the Division of Police, the following maximum numbers of officers authorized at each rank are as follows:
(1) 
Chief of Police: one.
(2) 
Police Captain: two.
(3) 
Police Lieutenant: four.
(4) 
Police Sergeant: 16.
(5) 
Police Patrolman: 56.
(6) 
Special Law Enforcement Officer: the maximum number of such positions authorized by the Township Council.
E. 
Within the Division of Emergency Services, the maximum number of each position shall be as authorized by resolution of Council.
A. 
It shall be the responsibility of the Division of Police to preserve the public peace; protect life and property; enforce the laws and regulations of the State of New Jersey and the regulations and ordinances of the Township of Manchester; direct and control traffic; provide protection during emergencies; and provide training and education for the continued efficiency of its members.
B. 
It shall be the responsibility of the Division of Emergency Services to provide efficient, professional and expedient emergency care and transportation, as well as supplemental fire response and suppression. The Division of Emergency Services shall also be comprised of those volunteer emergency services agencies designated by the Mayor and recognized by resolution of the Township Council. The Division of Emergency Services will consist of only of those positions established by ordinance and those volunteer organizations and entities that are designated by the Mayor and authorized by resolution of the Council. No other emergency services organizations, including but not limited to those organizations performing fire suppression function and emergency medical operations, are to be formed within the Township without consent of the Council.
C. 
The duties of the Office of Emergency Management are conferred by law and as further set forth in this chapter.
The Chief of Police shall report directly to the Mayor and shall have and exercise the following authority and perform the following duties:
A. 
The Chief shall serve as the active administrative and executive officer of the Department of Public Safety and shall command the Department and all those assigned to it. The Chief shall be responsible for the training and discipline of all Department of Public Safety employees.
B. 
The Chief shall administer and enforce the Department of Public Safety policies and procedures.
C. 
The Chief shall, subject to the approval of the Mayor, establish such bureaus, sections and/or units as may be required for the proper functioning of the Department's work. The Chief shall have the power to assign any and all members of the Department to their respective duties and to require them to perform the same. The Chief shall assign the members of the Department to such duties that in the Chief's judgment shall be in the best interest of the Department and for the health, safety and welfare of the residents of the Township of Manchester. The Chief may designate members of each respective Division to be in charge of any bureau, sections and/or unit contained within.
D. 
The Chief shall exercise and discharge the functions, powers and duties as the Department Head of each Division of the Department of Public Safety.
E. 
The Chief shall instruct and direct all of the members of each Division of the Department of Public Safety assigned to active duty with respect to their duties and should require that all duties be performed in a proper and efficient manner.
F. 
The Chief shall direct that all policies and procedures be strictly observed and complied with and shall maintain a high degree of proficiency on the part of the Department of Public Safety and its employees.
G. 
The Chief shall be the supervisory head of any bureau, sections and/or unit that exists or may be formed within the Department of Public Safety and shall be responsible for its proper operation and may delegate such authority as may be deemed necessary for the efficient operation of the Department.
H. 
The Chief shall report at least monthly to the Mayor in such form as may be prescribed on the operation of the Department of Public Safety during the preceding month and make such other reports as may be requested by the Mayor, including but not limited to personnel changes and organizational structure.
A. 
Appointment of Coordinator and Deputy Coordinator; terms. The Office of Emergency Management shall be staffed by an Emergency Management Coordinator and a Deputy Emergency Management Coordinator who shall be appointed by the Mayor with the advice and consent of the Township Council for a term of three years for the Coordinator and one year for the Deputy Coordinator. The Deputy Coordinator will act as the Coordinator in the absence or disability of the Coordinator.
B. 
Duties conferred by law. The Emergency Management Coordinator shall be responsible for all duties outlined in N.J.S.A. App.A:9-40.4 and shall carry out all emergency management operations consistent with N.J.S.A. App.A9:40.5.
C. 
Additional duties and responsibilities. In addition to the duties conferred by law, the Emergency Management Coordinator, under the direction and supervision of the Chief of Police, shall exercise the following duties and responsibilities:
(1) 
Be responsible for the planning, organization and direction of specific emergency management operations within the Township, coordinating the activities of local municipal departments within the Township and providing them with necessary guidance and advise for the development of emergency management programs.
(2) 
The coordination of activities of the emergency management staff and to provide definitive information concerning emergency management programs and policies.
(3) 
The preparation of budgets, statistical reports, evaluations and other reports as required by the Chief of Police.
(4) 
Conduct studies and, when directed by the Chief of Police, make recommended changes to the existing organization and operation to assure continuity between all organizations within the Department of Public Safety.
(5) 
Coordinate with the Chief of Police for the overall management and deployment of the auxiliary police during properly declared state or local emergencies or disasters, and during periods of bona fide training in preparation for such occurrences.
(6) 
Establish and maintain the Township Emergency Operating Center.
(7) 
Develop and conduct drills and exercises for the Township emergency services organizations and practice operations for the municipality in cooperation with county and state emergency management organizations.
(8) 
Confer with municipal officials for the development for mutual aid programs, for the planning and organization of emergency management programs and the establishment of a municipal emergency services committee.
(9) 
Provide advice and guidance on emergency management programs and policies, and review plans for conformity with state and county programs.
(10) 
Coordinate and utilize municipal emergency management plans for the Township as well as utilization of municipal resources to assure their most effective use.
(11) 
Plan and development training programs for the Township staff and assist in the planning and review of the municipal training program for conformity with county and state criteria.
(12) 
In emergency situations, coordinate the shifting and mobilization of the municipal emergency services organizations and assist in the processing of requests for emergency aid and the development of aid to the points of greatest need.
(13) 
Attend schools, seminars and meetings which enhance the overall emergency management structure of the Township.
(14) 
Report to the Chief of Police on all issues concerning the Office of Emergency Management and the Division of Emergency Services.
(15) 
Perform such other duties as may be assigned by the Chief of Police or as may be imposed by general law.
A. 
There is hereby established in the Township of Manchester the positions of special law enforcement officer, Class I, II and III.
B. 
A special law enforcement officer is any person appointed to temporarily or intermittently perform duties similar to those performed regularly by members of the Manchester Township Police Division, or to provide assistance to the police force during unusual or emergency circumstances. Special law enforcement officers appointed under the provisions of this subsection shall be those defined as Class I, II and III Officers and shall have those duties and responsibilities authorized by N.J.S.A. 40A:14-146.10 and N.J.S.A. 40A:14-146.11.
C. 
The number of appointments to Class I, II and III special officers shall not be more than 10 officers per class. Said special officers shall be permitted to work not more than 20 hours per week with the following exceptions: one Class II officer and all Class III officers shall be permitted to work up to 40 hours per week.
D. 
The compensation for special law enforcement officers shall be established by ordinance of the Township Council.
E. 
Appointments of special law enforcement officers will be made in accordance with N.J.S.A. 40A:14-146-14.
A. 
Establishment of Auxiliary Police Force and purpose: There is hereby created within the Township of Manchester the Manchester Township Auxiliary Police Force. The purpose of the Auxiliary Police Force is to assist the Department of Public Safety Division of Police in such emergencies and other situations as the Chief may determine.
B. 
Establishment of Manchester Emergency Medical Services Auxiliary: There is hereby created within the Township of Manchester the Manchester Emergency Medical Services Auxiliary. The purpose of the Manchester Township Police Emergency Medical Services Auxiliary is to assist the Department of Public Safety Division of Emergency Services by performing such duties as the Chief may determine.
C. 
Appointments: Members of the Auxiliary Police Force and Emergency Medical Services Auxiliary shall be appointed by the Mayor, upon the recommendation of the Chief of Police, for a one-year term.
D. 
Qualifications: The Chief shall promulgate standards for qualifications of all members of the Auxiliary Police Force and Emergency Medical Services Auxiliary.
E. 
Policies and Procedures: All appointed members of the Auxiliary Police Force and Emergency Medical Services Auxiliary will be governed by the same policies and procedures that have been approved by the Chief of Police and promulgated by the Mayor.
F. 
Responsibility: All members of the Auxiliary Police Force and Emergency Medical Services Auxiliary shall perform such duties as are designated by the Chief of Police.
G. 
Training Course for Auxiliary Police: No person shall be appointed as an Auxiliary Police Officer unless that person has successfully completed a training course as approved by the Chief of Police.
H. 
Training Requirements for Emergency Medical Services Auxiliary: No person shall be appointed as a member of the Emergency Medical Services Auxiliary unless such person shall meet minimum training criteria to be established by the Chief of Police.
I. 
Remuneration: No remuneration shall be paid to any member of the Auxiliary Police Force or Emergency Medical Services Auxiliary for the performance of duty, monetary or otherwise.
A. 
Establishment of position. The position of Chaplain of the Manchester Township Police Department be and hereby is established.
B. 
Appointment. All Police Chaplains shall be appointed by the Mayor upon recommendation of the Chief of Police. Upon appointment, all Chaplains shall become volunteer members of the Manchester Township Police.
C. 
Duties. The duties of the Chaplain shall include, but not be limited to, the following:
(1) 
Be available, if requested, to members of the Manchester Township Police Department, their families and the public in times of need for spiritual counseling.
(2) 
Assist, if requested, with guidance in such areas as ethics, human relations, family life and spiritual priorities.
(3) 
Assist officers and provide counsel, comfort and consolation, if requested, to police personnel and relatives for police-related incidents.
D. 
Qualifications. No person shall be appointed as Police Chaplain unless ordained as clergy in good standing in the religious body from which selected.
E. 
Terms of office. All Police Chaplains shall serve as a volunteer, without pay or remuneration. All Police Chaplains, upon appointment, shall serve at the pleasure of the Mayor.
No person shall be appointed to any position in the Department of Public Safety, paid or otherwise, who is not qualified as provided for pursuant to the laws of the United States, the Statutes of the State of New Jersey, the New Jersey Administrative Code, the ordinances of the Township of Manchester and rules and regulations promulgated by the Chief of Police.
A. 
All applicants seeking employment or volunteer positions within the Department of Public Safety shall complete an application form as prescribed by the Township of Manchester.
B. 
No person shall be appointed to any position in the Department of Public Safety who is not a citizen of the United States and a resident of the State of New Jersey.
C. 
Hiring qualifications for the Division of Police:
(1) 
Applicants seeking appointment to the Division of Police as a sworn law enforcement officer shall submit a fee with the appropriate application form. The fee for such application shall be set at a minimum of $50, but shall not exceed $100. The fee to be charged for applicants seeking appointment to the Division of Police shall be in conformance with a Resolution of the Township Council.
(2) 
Applicants seeking appointment to the Division of Police shall successfully complete physical, medical and psychological evaluations as determined by the Chief of Police.
(3) 
Applicants seeking appointment to the Division of Police shall possess a minimum of an associate's degree or two years of college credits (64 credits). Credits or degrees must be recognized by the American Council on Education as listed in Accredited Institutions of Postsecondary Education. Active military service may be substituted and/or used in conjunction with college credit for a total of two years of education and/or active military service. Active military service credit will be granted at a rate equivalent to 2.67 college credits for each full month (30 days) of active military service completed.
(4) 
Applicants seeking appointment to the Division of Police shall pass a physical, written and/or oral evaluation as determined by the Chief of Police.
D. 
Hiring qualifications for the Division of Emergency Services:
(1) 
Applicants seeking appointment to the Division of Emergency Services shall successfully complete physical, medical and psychological evaluations as determined by the Chief of Police.
(2) 
Applicants seeking appointment to the Division of Emergency Services shall successfully complete a skills assessment established by the Chief of Police.
(3) 
Applicants seeking appointment to the Division of Emergency Services shall possess such qualifications as determined by the Chief of Police.
A. 
All initial appointments to sworn positions in the Division of Police shall be by the Mayor for a probationary period of one year. In the case of initial appointment, the one-year period shall commence at the date of hire or after graduation from a New Jersey State-approved policy academy, whichever is later.
B. 
All initial appoints to nonsworn positions in the Department of Public Safety shall be for a probationary period of one year, unless such probationary period is otherwise established in any fully executed agreement between the Township of Manchester and a recognized majority union representative or established within any fully executed individual contract for employment.
C. 
All police officers in the Township of Manchester will receive a performance evaluation on a semiannual basis.
D. 
All promotions for any rank within the Division of Police shall be based on competitive standards with testing and performance evaluations to be incorporated into those standards. A manual drafted and maintained at the direction of the Chief of Police and approved by the Mayor shall establish those standards.
A. 
The Mayor shall negotiate an employment contract with the Chief of Police subject to ratification by the Township Council.
B. 
The compensation of all other employees of the Department of Public Safety shall be in accordance with the Salary Ordinances of the Township of Manchester.
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby designated as the Appropriate Authority to act under the New Jersey Statutes. Rules and regulations for the efficient operation of the Department of Public Safety, the government of the Division of Police and the Division of Emergency Services and for the discipline of the members of the Department of Public Safety shall be promulgated by the Mayor approved by the Chief of Police. A copy of any such police rules and regulations shall be provided to all members of the Department of Public Safety. The rules and regulations may be amended at any time by the Chief of Police with approval of the Mayor. Copies of such amendments or additions shall be supplied to all members of the Department of Public Safety. Whenever there is a conflict between the provisions of the rules and regulations of the Department of Public Safety and this chapter, the provision of this chapter shall control. All disciplinary proceedings shall be in a manner consistent with each Division's rules and regulations as adopted and ratified by the Township Council.
A. 
Purpose. The purpose of this section is to regulate the temporary off-duty employment for police officers and to establish a rate schedule for such temporary off-duty employment.
B. 
Definition. Temporary off-duty assignments include and shall be limited to crowd control, traffic control and security employment where a Manchester Township police officer is required to wear his duty uniform.
C. 
Compensation. No police officer shall perform temporary off-duty employment for compensation other than through the procedure established in this section.
D. 
Temporary off-duty assignments.
(1) 
Temporary off-duty assignments are duty assignments made by the Chief of Police at the request of private citizens or independent contractors. All extra-duty assignments for police personnel shall be approved by the Chief of Police or the Chief's designee. Officers assigned to temporary off-duty employment shall be assigned on a voluntary basis in accordance with the system established by the Chief of Police or the Chief's designee. The Chief of Police may assign a Township patrol vehicle for use in performing temporary off-duty employment in the event it is determined that the use of a Township patrol vehicle is necessary to perform the contracted duty. The Chief of Police may deny any assignment or use of police officers or vehicles or impose any condition or requirement to the temporary off-duty employment that the Chief determines is in the best interest of the Township or the public safety.
(2) 
While officers engaged in temporary off-duty assignments shall be off duty, they shall conform to all Division of Police rules, regulations and procedures. All agreements for temporary off-duty employment shall be contracted for in writing on contract forms available from the Division of Police. All such contracts shall be kept on record with the Division of Police in a place designed by the Chief of Police.
(3) 
Compensation for temporary off-duty employment shall be at a rate set from time to time by resolution of the Township Council. All requests for services from private citizens or independent contractors shall be initiated with a deposit in advance based upon estimates. The Township shall establish an escrow account in a dedicated fund to ensure timely payment to those officers who engage in approved temporary off-duty assignments. Private citizens or independent contractors who require continuous service shall maintain a minimum balance in the established dedicated fund in an amount equal to the average amount paid to the police officers over a monthly time period. If there are insufficient funds, services shall be terminated until the fund is replenished. The Township shall return any moneys in the fund in excess of the cost of services provided to private citizens or independent contractors within a reasonable amount of time. Any private citizen or independent contractor who is delinquent in payment for services rendered in connection with this act shall be liable for costs, fees and attorneys' fees associated with the collection of any amounts due.
(4) 
All fees or payments for temporary off-duty assignments shall be made through a special fund established by the Township for which payment shall be made to the individual police officers engaged in such employment. Payments from such fund shall be made to the officer subject to the required deductions and the administrative fee to be retained by the Township.
(5) 
Any temporary off-duty employment which is canceled by the private citizen or contractor with less than two hours' notice shall be charged at a four-hour minimum at the rate set by resolution.
(6) 
The Chief of Police has the authority to order any police officer to vacate or terminate any temporary off-duty employment in response to any emergency situation or whenever the employment creates an unreasonable risk to the health, safety and welfare of the officer or the public. The citizen or independent contractor shall not be charged for any compensation for any time that the officer is aware from the temporary off-duty employment and may not make a claim for any cost or damages against the Township as a result of the Chief of Police's decision to vacate or terminate any employment under the provisions of this subsection.
(7) 
The Township shall be responsible to provide all the necessary insurance coverages required by law, including but not limited to workers' compensation, public liability and claims for damages for personal injury including death, as well as damage to property which may arise from the temporary off-duty employment performed pursuant thereto.
Subject to the limitations provided in this chapter, fees shall be assessed for emergency medical services provided by the Division of Emergency Services. The fees to assessed for the provision of such services shall be in accordance with a fee schedule to be adopted by resolution of the Township Council, which shall be amended, updated and supplemented from time to time.
A. 
The fees for emergency medical services established by resolution of the Township Council notwithstanding, when the Division of Emergency Services responds to a call for emergency medical services the Township shall engage in insurance-only billing, whereby the Township will accept as payment only what is paid by the patient's health insurance plan, applicable automobile insurance policy, or Medicare/Medicaid.
B. 
The Division may utilize other agencies or providers for services, such as, but not limited, advanced life support services. Those agencies/providers charge in accordance with their policies and are not subject to insurance-only billing, whether billed through the Township or independently to the patient.
C. 
The failure of the patient to cooperate in providing necessary information, processing insurance forms, or otherwise refusing to assist the Township in collecting fees owed shall subject the patient to liability to the Township for such services.
D. 
The Township may contract with a professional medical billing service for the collection of payment for services rendered by the Division. Said bill shall be issued to the insurance company for the person served or directly to the person served if there is a failure to cooperate.
E. 
The Township reserves the right to write-off any bill for Division services rendered to any person.
F. 
The Mayor or the Mayor's designee is hereby authorized to enter into contracts on behalf of the Township with various hospitals that provide advanced life support (ALS) services to the patients that are transported by the Division, allowing the hospitals to bundle-bill Medicare for services rendered. Any such contracts shall contain a provision whereby the hospital will be required to reimburse the Township for its transportation costs, and the Township will be required to pay the hospital all ALS assessments from money each party receives respectively within 45 days of receipt of payment.