Borough of Hopatcong, NJ Chapter 38 Police Department

[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 12-7-2022 by Ord. No. 25-2022.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 38, Police Department, adopted 9-2-1971, as amended.

§ 38-1 Department established; composition.

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.

§ 38-2 Appointment.

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.

§ 38-3 Governing body; control and supervision.

A. Governing body. The governing body of the Department shall be the Mayor and Council, whose decision upon all matters affecting the Department shall be final.

B. Police Committee; Police Commissioner.

(1) The Mayor shall annually appoint a Police Committee consisting of three members selected from the Borough Council. The Mayor shall designate one of them as Chairman.

(2) The Chairman of the Police Committee shall be known and designated as the "Police Commissioner." The Police Department shall be under the general direction of the Police Committee. The Police Commissioner shall be the liaison between the Police Chief and the Police Committee and shall have and exercise such other powers and perform such other functions as set forth in this chapter.

C. Police Chief. All other members of the Police Department, and all employees of said Department, and special police shall be under the control and supervision of the Chief of Police, who shall be responsible for the discipline of and performance of duty by all officers, members and employees of the Department.

§ 38-4 Appointment of officers.

A. Chief. No person shall be appointed Chief of the Police Department unless, in addition to all statutory requirements, he or she has completed high school and has completed the Municipal Police Academy course of the State of New Jersey. He or she shall have a thorough knowledge of the criminal statutes and laws of the state and of the ordinances of the Borough and shall have the ability to prepare reports and direct and administer the Police Department.

B. Captain, Lieutenant, or Sergeant. No person shall be appointed to the position of Captain, Lieutenant or Sergeant in the Police Department unless, in addition to all statutory requirements, he or she has completed high school and has completed the Municipal Police Academy course of the State of New Jersey.

§ 38-5 Police Manual and Rules and Regulations.

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.

§ 38-6 Qualifications.

A. Every appointee to the Police Department shall comply with all of the laws of the State of New Jersey pertaining to qualifications of police officers. No person shall be given or accept a permanent appointment as a police officer in the Borough unless such person has first been given a probationary or temporary appointment to such office for a period of not longer than one year and has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety in the State of New Jersey.

B. No person shall be appointed to the Police Department as a regular or probationary member unless he or she shall, at the time of making application, be between the ages of 21 and 35 years, except as provided by law in the case of veterans. The applicant shall be a citizen of the United States of America, be able to read, write and speak the English language well and intelligently; be sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to his eligibility for membership in the retirement system; and shall be of good moral character and not have been convicted of any criminal offense involving moral turpitude.

§ 38-7 Oath of allegiance.

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.

§ 38-8 Management of Department affairs; annual report to Mayor and Council.

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.

§ 38-9 Powers and duties.

A. Chief of Police.

(1) The Chief of Police shall be the head of the Police Department. He or she shall be directly responsible to the Police Commissioner and, through him or her, to the Police Committee and the Mayor and Council. In the temporary absence or disability of the Chief of Police, the highest ranking officer shall exercise all powers and perform all duties of the Chief.

(2) The control and discipline of the Police Department and of its members, of special police, and of Department employees shall be vested in the Chief of Police, and he or she shall have the power to enforce all of the Department regulations and may punish their violation by reprimand. Should the Chief deem the violation to be of a sufficiently flagrant nature, he or she shall report it, through the Police Commissioner, to the Mayor and Council, together with his recommendations as to the filing of charges.

(3) The Chief of Police shall from time to time recommend, through the Police Commissioner, to the Mayor and Council the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He or she shall have charge and control of all apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.

(4) He shall have such other powers and perform such other duties as may be provided in the Department regulations enacted by the Mayor and Council.

B. Police Captain, Lieutenant, Sergeant. The Police Captain, Lieutenant, or Sergeant shall perform such duties as may be assigned to him or her by the Chief of Police, and during the absence or disability of such superior officers shall assume, perform and exercise authorities and functions of the office which he or she is filling. He or she shall have such powers and perform such duties as prescribed by the Department regulations enacted by the Mayor and Council.

C. Duties of Department. The Police Department, through its Chief, shall:

(1) Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.

(2) 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; protect the safety and facilitate the convenience of motorists and pedestrians; and make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purpose.

(3) Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough; 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.

(4) Provide proper police attendance and protection at fires.

(5) Provide for the attendance of policemen 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.

(6) Operate a training program to maintain and improve the police efficiency of the members of the Department.

(7) Operate an emergency police, fire, first aid and Department of Public Works radio dispatch system for the Borough of Hopatcong and any other municipalities or political subdivisions contracting with the Borough of Hopatcong for such services.

§ 38-10 Special policemen.

A. The Mayor may appoint, with the advice and consent of the Council, special policemen for terms not exceeding one year, and such appointments may be revoked without cause or hearing. The special policemen shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police, consistent with the Department regulations. Special police shall not be members of the Police Department or force, and their powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. Special officers shall not carry revolvers or other weapons at any time, except as otherwise specifically directed by the Chief of Police while on duty. The appointment of a special police officer shall designate the rate of pay, if any.

B. No person shall be appointed as a special policeman unless he or she is a citizen of the United States, is able to read, write and speak the English language well and intelligently, is physically sound, qualified and of good moral character, and has not been convicted of any criminal offense involving moral turpitude. Every special policeman shall be fingerprinted, and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Mayor and Council concerning the eligibility and qualifications of any person proposed to be appointed as a special policeman.

C. The hourly rates of compensation for special police, who are employed on an hourly basis, shall fall within the ranges as follows:

(1) Class II Special: $20 per hour.

(2) Class III Special: $28 to $30 per hour.

§ 38-11 Detective Division.

A. There is hereby established within the Police Department of the Borough of Hopatcong a branch or division which shall be known as the "Detective Division." Said Division shall consist of such superior officers and patrolmen who are members of the Borough Police Department as may be necessary for the efficient operation of the Division.

B. Members of the Borough of Hopatcong Police Department may be assigned to and reassigned from the Detective Division by the Chief of Police with the approval of the Police Commissioner. Assignment to and reassignment from the Detective Division shall in no way affect the existing status, title, seniority or rights of such members of the Police Department so assigned or reassigned; nor shall the creation of the Detective Division and the assignment of members of the Police Department thereto constitute the creation of a new office or rank within the Police Department.

C. The Detective Division shall be in charge of all investigative activities of the Police Department under the direction of the Chief of Police and shall be responsible to and receive orders only from the Chief of Police or, in his absence or incapacity, the officer in charge of the Department.

D. The Detective Division shall be charged with such duties and responsibilities and shall perform such functions as may be prescribed by the Department regulations enacted by the Mayor and Council.

§ 38-12 Removal and suspension.

A. Each permanent member of the Police Department shall hold office and continue employment during good behavior and efficiency, and no such person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established or hereafter established for the Department, or absence from duty without just cause for five days or more.

B. Any member of the Department may be suspended, removed, fined or reduced in rank for just cause upon due notice and service of written charges and a hearing as required by law.

§ 38-13 Uniforms and equipment.

A. Uniforms and equipment of the Police Department shall be furnished by the Borough and remain its property. Such uniforms and equipment shall be issued by the Chief of Police who shall take a receipt from the members obtaining the property. The members of the Department receiving uniforms and equipment shall be responsible for the same and, upon leaving the service for any cause, shall turn in to the Chief of Police all property belonging to the Borough. The reasonable value of any property, including uniforms and equipment not returned, shall be deducted from the amount of salary or wages due such member. Requests for replacements of uniforms shall be made by members to the Chief of Police, and the Chief of Police shall make application therefor through the Police Commissioner to the Mayor and Council.

B. The members of the Police Department shall, when on duty, wear such uniforms and equipment as shall be prescribed from time to time by the governing body and shall at all times present a neat, clean and respectable appearance.

§ 38-14 Service charges and fees.

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.

§ 38-15 Receipts; transmittal of moneys.

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.

§ 38-16 Appearance as witness; no loss in compensation.

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.

§ 38-17 Requirements and fees for officers performing quasi-public police services.

[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.