Borough of Hamburg, NJ Police Department

Editor's Note: Former § 44-5, Absence of Chief, as amended; § 44-6, Monthly report by Chief; and § 44-7, Compensation, were repealed 1-18-2012 by Ord. No. 02-2012.

§ 44-8 Leave of absence.

All members of the Department requesting a leave of absence must apply to his/her superior officer for such leave of absence.

§ 44-9 Uniforms and equipment.

The uniform and equipment supplied each member of the Department shall be furnished by the Borough and shall remain the property of the Borough.

The Chief of Police shall take a receipt from all members obtaining such equipment and each officer will be held responsible for same. No replacements of equipment will be made unless evidence before the Police Commissioner indicates the property was lost or damaged through the performance of duty or actual wear and tear in the service of the Department.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

No officer shall be permitted to wear any part of the uniform or equipment when off duty.

§ 44-10 Member qualifications.

[Added 4-3-1978; amended 12-29-1980]

All applicants for appointment to the Police Department shall be at least 18 years of age and not over 35 years of age, unless special dispensation of this rule is made by the Borough Council according to law.

[Amended 12-3-2001]

No person shall be a member of the Borough Police Department unless he/she:

Is employed on a full-time basis as a police officer of the Borough, except as hereinafter provided. ("Full-time" is defined as a minimum of 40 hours of regular work time per week).

Is a citizen of the United States.

Is 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/her eligibility for membership in the retirement system.

Is able to read, write and speak the English language well and intelligently.

(5)

Is of good moral character, and has not been convicted of any criminal offense involving moral turpitude.

(6)

Has satisfied at least one of the following criteria:

[Added 3-7-2005 by Ord. No. 1-2005; amended 8-3-2009 by Ord. No. 10-2009]

(a)

Sixty or more credits from an accredited college, community college or junior college;

(b)

Two years of active military service or four years of National Guard or Reserve service, and, if discharged, an honorable discharge;

(c)

Completion of basic police training earning a police training certificate from an approved school pursuant to the requirements of the Police Training Act (N.J.S.A. 52:17B-66 et seq.);

(d)

Four years of service as a law enforcement officer.

No person shall hereinafter be appointed as a permanent full-time member of the Hamburg Borough Police Department until he/she shall have successfully completed a training course at an approved school pursuant to the requirements of the Police Training Act of July 1965 (N.J.S.A. 52:17B-66 et seq.).

No person shall be given a permanent position until such person shall have served a probation term for one year, commencing from the date the said Candidate begins full-time patrol duties, and is recommended for permanent appointment by the Chief of Police or highest ranking officer if the Chief's position is vacant.

[Added 3-7-2005 by Ord. No. 1-2005; amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

No person shall be appointed as a permanent full-time member of the Hamburg Police Department until and unless all members of the governing body have been provided with access to all pertinent documents regarding the applicant's qualifications and fitness.

[Added 7-2-2007 by Ord. No. 7-2007]

§ 44-10.1 Promotions.

[Added 3-7-2005 by Ord. No. 1-2005]

Eligibility period. All candidates for promotion must have served a minimum number of years as a member of the Hamburg Police Department as provided hereafter.

[Amended 6-2-2008 by Ord. No. 08-2008; 1-18-2012 by Ord. No. 02-2012; 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018]

Position	Years of Experience
Lieutenant/officer-in-charge	3 years as Sergeant
Sergeant	3 years as patrol officer

Service eligibility shall be determined as of the date of the notice of promotion examination.

Oral question and answer examination/personal interview.

A notice of promotional opportunity shall be issued by the Mayor and Council and a copy thereof provided to each eligible member of the Department. Within seven days of receipt of the said notice, members of the Department shall notify the Mayor and Council of their intent to be a candidate for promotion. Candidates shall be notified of their scheduled question and answer examination and personal interview date at least 10 days prior to the examination/interview date.

[Amended 3-4-2013 by Ord. No. 04-2013]

A Police Promotional Committee, consisting of the Mayor, Chief of Police and two members of the Borough Council designated by it (hereinafter collectively referred to as the “Committee”), shall conduct a personal interview with the candidates. In the event the position of Chief of Police is vacant, the Borough Council may designate another person to serve as a member of the said Committee. Prior to the Committee conducting any personal interview of promotion candidates, all members of the governing body shall be provided access to all pertinent documents regarding the applicant’s qualifications and fitness and may submit to the aforesaid Committee specific questions to be asked of the candidates. Access to documents to take place at Police Headquarters. No copies of documents shall be made.

[Amended 7-2-2007 by Ord. No. 7-2007; 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018; 10-3-2022 by Ord. No. 09-2022]

The oral question and answer examination shall be conducted by the Chief of Police and two other active or retired law enforcement professionals to be selected by the Committee to which candidates must provide oral answers. In the event the position of Chief of Police is vacant, the Committee may designate another active or law enforcement professional person to serve as a member. The score for the oral question and answer examination shall represent 20% of the candidate’s overall score for the oral question and answer examination/personal interview.

[Amended 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018; 10-3-2022 by Ord. No. 09-2022]

The personal interview shall represent 80% of a candidate's overall score for the oral question and answer examination/personal interview. Each candidate's personnel file shall be viewed during the personal interview. Each candidate shall be given the opportunity to make a personal statement if he/she chooses to do so. Each Committee member shall grade each candidate based on the personal interview. The maximum attainable score for the personal interview shall be 100%. The candidate's overall score for the personal interview shall be the average of the combined scores of each Committee member. Factors to be considered by the Committee in scoring the candidate's personal interview shall include, but not be limited to, the following:

[Amended 5-7-2018 by Ord. No. 04-2018]

(a)

Record of performance.

(b)

Education background.

(c)

Training.

(d)

Supervisory experience and leadership skills.

(e)

Attitude:

Use of sick time.

[2]

Efforts in supporting Department goals and objectives.

[3]

Handling Department equipment.

[4]

Rapport with fellow employees and the public.

(f)

Appearance and demeanor.

(g)

Involvement in community affairs.

(h)

Disciplinary record.

(i)

Past evaluations.

(5)

Letters concerning a potential candidate received between the day the notice of a promotional examination is posted and the conclusion of the promotional examination shall not be considered for the posted examination.

(6)

The oral question and answer examination/personal interview shall comprise 100% of the promotional examination for the promotion. The overall score of each candidate for the oral question and answer/personal interview shall be as follows:

[Amended 3-4-2013 by Ord. No. 04-2013; 5-7-2018 by Ord. No. 04-2018]

Oral question and answer examination	=	20%
Personal interview: factors to be considered include experience, job performance, record of performance and other factors set forth in § 44-10.1C(4) and C(4)(a) through (i) and § 44-10.1C(5)	=	80%
Total	=	100%

Seniority shall be used in the event of a tie between two candidates.

Seniority shall be worth 1/2 of a percentage point (based on 100%) for every year of service with the Hamburg Borough Police Department up to a maximum of 10%.

Seniority shall be determined by the number of years of service completed as of the date the notice of the promotional examination is posted.

Examination; final overall score.

The oral question and answer examination/personal interview is worth a maximum of 100%.

Seniority, in the event of a tie, is worth 1/2 of a percentage point (based on 100%) for every year of service completed with the Hamburg Borough Police Department up to a maximum of 10%.

The candidate receiving the highest overall final score shall be eligible for promotion by the Mayor and Council.

Summary:

A candidate may view his/her written test and compare the answers with the answers from the answer key. Each candidate wishing to do so shall have 10 days from the receipt of the candidate's test score to request this review; after 10 days, the candidate will not be allowed to view the written examination and/or answer key.

Upon completion of the examination process, each candidate will be provided with the testing results in a written review form, which will include his or her:

(a)

Written examination score in case of Chief of Police.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

(b)

Oral question and answer examination/personal interview score.

(c)

Seniority.

(d)

Overall ranking.

The Mayor and Council, or its designee, shall be responsible for all examination phases of the promotional process.

Examination eligibility list.

Candidates who successfully complete the promotional examination process but do not receive a promotion at the conclusion of the process may be placed on a promotional list for the same rank for which the candidates were examined.

The list will be active for three years from the date of final results being published. A candidate on the list may be recommended for promotion to the appropriate rank without further examination within the three-year period.

The establishment of the list will be made upon recommendation of the the Mayor, subject to the approval of the Borough Council.[1]

Editor's Note: Former Subsection H, Written examination: Chief of Police, which immediately followed this subsection, was repealed 1-18-2012 by Ord. No. 02-2012.

§ 44-11 (Repealed) [1]

Editor's Note: Former § 44-11, Duties of Chief, as amended, was repealed 1-18-2012 by Ord. No. 02-2012.

§ 44-12 Charges leading to disciplinary action; suspension without pay.

Any member of the Police Department may be expelled or disciplined by a majority vote of the Borough Council against whom any of the following charges are sustained, to wit:

Failure to recognize orders given by a superior officer.

Intoxication or under influence of any drug while on duty.

Falsifying any records in the police blotter or daily record which may be used in court proceedings.

Failure to enter a complete history of a case in the police blotter, as to recording the time call was received and the disposition of same.

(5)

Use of indecent, profane or harsh language.

(6)

Absence without leave, sleeping on duty, or not properly patrolling his/her beat as laid down by the Chief of Police.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

(7)

Failure to make arrests as prescribed.

(8)

Immorality, indecency or lewdness.

(9)

Tipping off a party under suspicion for any violation.

(10)

Incapacity, either mental or physical; lack of ability; or gross ignorance of laws, rules or regulations of the Department.

[Amended 12-3-2001]

(11)

Visiting any gambling house, pool room, house of ill fame, or place where liquor is sold while in uniform or on duty except on business of the Department.

(12)

Violation of any criminal law.

(13)

Publicly commenting on an official action of a superior officer, a judicial officer of the Borough or Borough Council.

(14)

Failure to report the violation of any law or ordinance, or accepting a bribe in consideration of the nonperformance of his/her duty.

(15)

Failure to pay his/her just debts.

(16)

Violation of any rules or regulations of the Department.

[Amended 12-3-2001]

When any member of the Department is suspended from office he/she shall not receive any pay for services during such suspension, unless otherwise ordered by Borough Council.

§ 44-13 Suspension and removal of members and officers.

[Amended 12-3-2001; 11-3-2008 by Ord. No. 12-2008; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Whenever allegations of incapacity, misconduct or disobedience of rules and regulations shall be charged against any officer or member of the Police Department, the charges shall be made in writing, signed by the person making such charge or charges and filed with the Borough Council. The Chief of Police shall serve or cause to be served a copy of the charge or charges upon the officer or member so charged with the notice of a designated hearing date by the Borough Council, which shall be no later than 10 days nor more than 30 days from the date of service of the charge or charges. The Borough Council shall conduct a disciplinary hearing and shall have the authority to suspend, remove, fine, or reduce in rank any member of the Police Department who may be found guilty of the charge or charges brought.

§ 44-14 (Reserved) [1]

Editor's Note: Former § 44-14, Method of preferring charges against Department members, was repealed 11-3-2008 by Ord. No. 12-2008.

Article II Special Law Enforcement Officers

[Adopted 12-29-1986]

§ 44-15 Special officers authorized. [1]

The Police Department shall be authorized special officers of the first class not to exceed 10.

The Police Department shall be authorized special officers of the second class not to exceed 25% of the total number of regular police officers, but in no event less than two.

Note: See N.J.S.A. 40A:14-146.17.

§ 44-16 Term of appointment. [1]

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Special officers of the first and second class shall be appointed annually for a term of one year, and the appointment may be revoked by the Chief of Police for cause after adequate hearing. Special officers so appointed shall not be members of the police force.

Note: See N.J.S.A. 40A:14-146.14.

§ 44-17 Qualifications. [1]

No person may be appointed a special officer unless the person:

Is a resident of the State of New Jersey during the term of appointment;

Is able to read, write and speak the English language well and intelligently, and has a high school diploma or equivalent;

Is sound in body and of good health;

Is of good moral character;

Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of special officer;

Has undergone the same psychological screening that is required of all full-time police officers of the Police Department; and

The Chief of Police shall have had the applicant fingerprinted as required by statute, conducted a background investigation of the applicant, and has reported these determinations in writing to the Mayor and Council.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Note: See N.J.S.A. 40A:14-146.10.

§ 44-18 Training course; firearms. [1]

No special officer shall commence his/her duties until he/she has completed the training as required under N.J.S.A. 40A:14-146.11, or as amended from time to time.

Note: See N.J.S.A. 40A:14-146.11.

§ 44-19 Uniforms. [1]

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

The uniform of special officers shall be determined by the Chief of Police, and shall be in compliance with N.J.S.A. 40A:14-146.12.

Note: See N.J.S.A. 40A:14-146.12.

§ 44-20 Supervision and direction. [1]

A special officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, another superior officer designated by the Chief of Police, and shall perform his/her duties only in the Borough of Hamburg, unless in fresh pursuit of any person, pursuant to Chapter 156 of Title 2A of the New Jersey statutes.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

The special officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Police Department, as well as any rules and regulations applicable to the conduct and decorum of special officers.

Note: See N.J.S.A. 40A:14-146.15.

§ 44-21 Powers and authority. [1]

The Chief of Police may authorize special officers of the second class when on duty to exercise the same powers and authority as permanent regularly appointed police officers of the Police Department, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations, not inconsistent with the certification and requirements of N.J.S.A. 40A:14-146.11 and N.J.S.A. 40A:14-146.14.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Special officers of the first class shall be authorized and have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Title 39 of the revised statutes, but shall not be assigned duties which may require the carrying or use of a firearm.

Note: See N.J.S.A. 40A:14-146.15.

§ 44-22 Hours of employment or assigned to duty. [1]

Pursuant to N.J.S.A. 40A:14-146.16:

The Chief of Police may assign special officers of the first class and second class to perform authorized duties not to exceed 20 hours per week.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Special police officers may be assigned without limit during periods of emergency.

The Chief of Police may designate one special officer to whom the limitation of hours set forth in Subsection A of this section shall not apply as provided by N.J.S.A. 40A:14-146.16 et seq.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Note: See N.J.S.A. 40A:14-146.16.

§ 44-22.1 Matron; duties.

[Added 10-6-2008 by Ord. No. 10-2008]

It is hereby established the position as Matron in the Police Department.

The Matron shall perform such duties as designated by the Chief of Police or the Chief's designee.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

§ 44-23 Contracted off-duty employment.

[Added 10-7-2002 by Ord. No. 5-2002]

Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Hamburg Police Department and to authorize the outside employment of Borough Police while off duty, the Borough hereby establishes a policy regarding the use of said officers.

Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted and in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger of threaten the safety of the officer or officers who are to perform the work as determined by the Chief of Police.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Members of the Police Department shall be permitted to accept police-related employment for private employers of school districts only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duties for the Borough.

Escrow accounts.

Any person or entity requesting the services of an off-duty law enforcement officer in the Hamburg Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Treasurer of the Borough of Hamburg by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 44-23F for the total estimated hours of service.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Prior to assigning any off-duty law enforcement officers, the Chief of Police or his 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 for services. The Chief of Police shall not assign a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Borough Treasurer. No officer shall provide any such service for more hours than are specified in the request for services.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

In the event the funds in such escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further of future services shall not be performed or assigned until additional funds have been deposited in the escrow account in the manner prescribed above.

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 services.

Requests for services. All requests to the Borough of Hamburg for the services of off-duty law enforcement officers in the Hamburg Police Department for a period of one week or longer shall be forwarded to the Chief of Police for assignment at least 10 days before such services are required. Any law enforcement officers, when so employed by the Borough, shall be treated as an employee of the Borough; provided, however, that wages earned from outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.

[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]

Rates of compensation; administrative fee; payment for services.

Rates of compensation for contracting off-duty law enforcement officers are hereby established as follows:

[Amended 2-4-2019 by Ord. No. 02-2019; 7-3-2023 by Ord. No. 09-2023]

2023: $100 per hour.

2024: $105 per hour.

2025: $110 per hour.

2026: $115 per hour.

2027: $120 per hour.

An additional fee of 10% of the salary at time and one half per hour is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Borough of Hamburg.

Payment to off-duty law enforcement officers for outside employment shall be made through the Borough's payroll process.