[HISTORY: Adopted by the Township Committee
of the Township of Holland 2-3-1969; amended in its entirety 12-29-1975. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 83.
A department is hereby established in the Township
of Holland under the name of the "Department of Police and Public
Safety of the Township of Holland."
[Amended 9-15-2015 by Ord. No. 2015-9]
Said Department shall consist of a Chief of Police and may consist
of such number of Sergeants and policemen as may be determined, from
time to time, by the Township Committee.
[Amended 3-16-1993 by Ord. No. 1993-2; 9-15-2015 by Ord. No. 2015-9]
A.
The governing body of the Department, which is also the appropriate
authority as referred to in N.J.S.A. 40A:14-118, is the Township Committee.
The Township Committee shall exercise the responsibilities of an appropriate
authority under New Jersey Statutes, and in particular shall be responsible
for the promulgation of rules and regulations for the government of
the Department and for the discipline of its members. The Mayor of
the Township shall be in general charge of the Department, and, in
his absence, the Deputy Mayor shall assume this responsibility. The
line of authority relating to the police function of this Township
shall be from the Sergeant (if any) to the Chief of Police, as the
head of the Police Department, to the Mayor (or Deputy Mayor, in the
Mayor's absence) to the Township Committee.
B.
If the office of Sergeant is intentionally left vacant, it will be
deemed not to exist and will be bypassed in the chain of command (e.g.,
if the governing body chose not to appoint a Sergeant, then all civilian
employees and policemen would answer directly to the Chief of Police).
A.
All members of the Department shall be appointed by
resolution of the Township Committee.
B.
No person shall be appointed as a permanent officer
or member of the said Department unless he:
(1)
Complies with the requirements for such appointment
established by and pursuant to state law.
(2)
Shall submit to and pass such physical examination
as may be prescribed by the Township Committee.
(3)
Shall submit to and successfully pass such written
or oral examinations as may be prescribed by the Township Committee.
(4)
Shall serve a probationary period of 12 months or
until the training course prescribed pursuant to state law is completed,
whichever is later.
C.
It shall be the duty of the Chief of Police to forward,
as soon as possible, to the appropriate state authority applications
for state-required training.
[Amended 9-5-1989 by Ord. No. 1989-9; 3-16-1993 by Ord. No.
1993-2; 4-1-2014 by Ord. No. 2014-6; 2-7-2023 by Ord. No. 2023-03; 2-7-2023 by Ord. No. 2023-03]
A.
Classification of officers. Pursuant to N.J.S.A. 40A: 14-146.11,
there are hereby established three classifications of special law
enforcement officers:
(1)
Class One. Officers of this class are hereby authorized to perform
routine traffic detail, spectator control and similar duties. 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 New Jersey 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
which 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
police training commission.
(3)
Class Three. Special law enforcement officers shall be issued a firearm,
mechanical force devices and any such other equipment or supplies
necessary to perform their duties as determined by the Chief of Police,
who shall also prescribe uniforms that the special officers are responsible
for acquiring. Class III special law enforcement officers shall be
responsible for the care and maintenance of their uniforms and equipment
and shall wear the uniform of the day and carry firearm and other
mechanical force devices and equipment as prescribed by the Chief
of Police at all times when on duty.
B.
Uniforms. Pursuant to N.J.S.A. 40A:14-146.12, every special law enforcement
officer prior to the commencement of his duties shall be furnished
with a uniform which shall identify the officer's function. The uniform
shall include, but not be limited to, a hat and appropriate badges
which shall bear an identification number or name tag and the name
of the local unit in which the officer is employed. 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 Section 4 of The Special
Law Enforcement Officers' Act (N.J.S.A. 40A:14-146.11).
C.
Carrying of firearms. Special law enforcement officers who are permitted
to carry and return firearms shall do so pursuant to the guidelines
established in N.J.S.A. 40A:14-146.14b.
D.
Rules and regulations. Special law enforcement officers shall comply
with the rules and regulations applicable to the conduct and decorum
of the permanent regularly appointed police officers of the Township,
as well as any rules and regulations applicable to the conduct and
decorum of special law enforcement officers.
E.
Supervision. Pursuant to N.J.S.A. 40A: 14-146.14, a special law enforcement
officer shall be under the supervision and direction of the chief
of police or, in the absence of the chief, other chief law enforcement
officer of the local unit wherein the officer is appointed, and shall
perform his duties only in the local unit except when in fresh pursuit
of any person pursuant to Chapter 156 of Title 2A of the New Jersey
Statutes or when authorized to perform duties in another unit pursuant
to a mutual aid agreement enacted in accordance with Section 1 of
P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1).
F.
Hours of employment. No Class One or Two special law enforcement
officer may be employed for more than 20 hours per week by the local
unit except, as determined by the governing body, during periods of
emergency or for services to a private entity. However, the Chief
of Police and governing body may designate one of the Townships' Class
I or Class II Specials for whom there shall be no weekly twenty-hour
limitation on the number of hours worked pursuant to N.J.S.A. 40A:14-146.14.
G.
Terms and revocation of appointments. Pursuant to N.J.S.A. 40A:14-146.14a,
special law enforcement officers may be appointed for terms not to
exceed one year, and the appointments may be revoked by the local
unit 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 local unit, and their powers and duties as determined pursuant
to this act shall cease at the expiration of the term for which appointed.
H.
Number of categories of officers. The number of special law enforcement
officers designated as Class One members shall not exceed two persons.
The number of special law enforcement officers designated as Class
Two members shall not exceed the higher of two persons or 25% of the
total number of regular police officers employed by the Department
pursuant to N.J.S.A. 40A:14-146.17.
The rights, privileges, powers and duties of
the members of the Department, as well as special officers or temporary
officers, shall be those prescribed by the laws of the State of New
Jersey and the ordinances and resolutions of the Township of Holland
and such rules and regulations as may from time to time be promulgated
by resolution of the Township Committee.
[Amended 3-16-1993 by Ord. No. 1993-2]
The Chief of Police shall be the executive officer
of the Department and head of the police force. The Chief of Police
shall be directly responsible to the Township Committee as provided
in N.J.S.A. 40A:14-118, and shall be directly responsible to the Township
Committee for the day-to-day operations of the Department. In particular,
pursuant to policies established by the Township Committee, the Chief
of Police shall:
A.
Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the Department
and its officers and personnel.
B.
Prescribe the duties and assignments of all subordinates
and other personnel of the Department.
C.
Delegate such of his authority as he may deem necessary
for the efficient operation of the Department to be exercised under
his direction and supervision.
D.
Report at least monthly to the Township Committee
in such form as shall be prescribed by the Township Committee on the
operation of the Department during the preceding month, and make such
other reports as may be requested by such Committee.
E.
Have, exercise and discharge the functions, powers
and duties of the Department.
Each permanently employed member of the Department
shall devote his whole time and attention to the services of the Department
and is hereby expressly prohibited from being otherwise employed on
a regular basis without the express consent of the Township Committee.
Although certain hours may be allotted for the performance of regular
tours of duty, officers are considered to be at all times available
for duty and must act promptly at any time that their services are
required, except when on authorized leave or in the event of disability.
The compensation of the permanently employed
members of the Department shall be fixed by the Salary Ordinance of
the Township of Holland.[1]
[1]
Editor's Note: The Salary Ordinance is on
file in the Township offices and may be examined there during regular
office hours.
There shall be furnished to each permanently
employed police officer uniforms and other necessary equipment at
the expense of the Township, and the same shall remain the property
of the Township and shall be maintained by the officer in a clean
and usable condition. All uniforms and equipment shall be replaced
as deemed necessary by the Chief of Police at the expense of the Township.
Each permanently employed officer or member
of the Department, which shall not include special policemen or policewomen
or persons temporarily employed, shall hold his office during good
behavior and efficiency and shall not be suspended, removed, fined
or reduced from office or employment therein for political reasons
or for any cause other than incapacity, misconduct or disobedience
of rules and regulations established for the government of the Department
and then only after a hearing as prescribed by law.
The Township Committee may adopt personnel policies,
rules and regulations for the Department.
[1]
Editor's Note: Former § 32-13, Fees for certain
documents and services, was repealed 12-5-2023 by Ord. No. 2023-17.
[Added 9-15-2015 by Ord.
No. 2015-9]
The position of Sergeant shall be second in command to the Chief
of Police. The Sergeants' powers, functions and duties shall be as
follows:
A.
He or she shall, during his or her regular tour of duty, be superior
in rank to and have charge of all policemen and special police officers
who shall be serving on the same shift and shall, generally, supervise
the work of all said members and shall give such instructions and
directions as he or she shall deem necessary for the proper and efficient
operation of the Department in accordance with the provisions and
regulations of this chapter.
B.
He or she shall designate the streets, avenues and areas of the Township
to be patrolled by such members of the Department as shall have been
assigned to patrol duty on his or her shift.
C.
He or she shall see that officers reporting to him or her properly
relieve the officers going off duty and that the officers are in proper
uniform, with the necessary equipment to perform their duties properly.
D.
He or she shall assign all policemen to their respective duties and
shall note whether or not the officers to be relieved are at their
given relieving point and in proper condition.
E.
He or she shall constantly patrol his or her assigned area and shall
supervise the work of the officers in patrol cars and performing any
other type of duty.
F.
He or she shall review for approval all written reports made by the
officers under his or her supervision during a tour of duty. If reports
fail to meet with his or her approval, he or she shall instruct the
officers under his or her supervision as to the proper form and information
to be supplied.
G.
He or she shall perform his or her duties under the supervision and
direction of the Chief of Police and shall be responsible for seeing
that all laws of the State of New Jersey and ordinances of the Township
of Holland are duly observed and enforced and that the public peace
is maintained. The Sergeant shall perform such duties as may be assigned
to him or her, from time to time, by the Chief of Police.
H.
He or she shall, during his or her regular tour of duty, in addition
to the performance of the duties of Sergeant specified herein, exercise
the authority and perform the duties of a policeman as far as practicable.
[Added 12-5-2023 by Ord.
No. 2023-17]
Police officers may work for outside private contractors and
entities and other government entities on their off-duty hours with
the approval of and provided the Chief of Police determines, in the
Chief's discretion, that there are sufficient police personnel
available, that the outside employment assignment will not interfere
with the needs of the Township, and that sufficient funds have been
deposited in advance in an escrow account with the Township's
Chief Financial Officer, or the assignment is for a government entity
that has executed a shared services agreement with the Township, to
cover the anticipated costs of such off-duty assignments. The Township's
Chief Financial Officer shall remit invoices to all outside private
contractors and entities and government entities upon notification
from the Police Chief on all outside employment.
[Added 12-5-2023 by Ord.
No. 2023-17]
A.
The Township has established an escrow account dedicated to the payment
of off-duty police officers for outside employment by private contractors
or private entities and other government entities. Any prospective
contractor or private entity or government entity must apply to the
Chief of Police, requesting off-duty police services. The Chief of
Police will then notify the Chief Financial Officer of the request
and forward to them the completed application, when received.
(1)
The written application shall include the following information:
(2)
A check to cover the cost of off-duty police services and use of
any Township vehicles based on the estimated number of hours shall
be submitted before the start of off-duty employment in accordance
with state and Division of Local Government Services regulations.
No police officer shall work off duty for any private contractor or
entity prior to clearance of the funds in the escrow account.
B.
If the contractor's or private entity's needs exceed the
estimated sum in the escrow account, the Township's Chief Financial
Officer (or designee) shall immediately notify the contractor or outside
entity that the funds in the escrow account are insufficient to pay
for continued off-duty police services. The contractor or private
entity shall then either replenish the escrow account with a check
sufficient to pay for continued services or the Chief of Police shall
immediately terminate provision of the off-duty police services to
the contractor or private entity.
C.
If the contractor's or private entity's estimated costs
exceed the actual costs incurred, then the Township shall, upon proper
notice to the Township Chief Financial Officer, refund the remainder
of the escrow account.
D.
Other government entities who have executed a shared service agreement
with the Township shall pay for the services within 30 days of invoicing.
[Added 12-5-2023 by Ord.
No. 2023-17]
A.
All requests for off-duty police services must be made no later than
4:00 p.m. on the day prior to the request, except in an emergent situation.
B.
In the event of an emergency situation, where written application
for off-duty police services cannot be made prior to the date such
service is required, payment for such service must be made to the
Township within 24 hours after the emergency situation has been resolved
or concluded. For the purpose of this section, "emergency situation"
shall mean any construction, maintenance or repair required to be
performed as a result of an unforeseen event or act of God, whereby
the private contractor had no prior notice of the condition, and off-duty
police services are required for the public safety and welfare, which
determination is left in the sole discretion of the Chief of Police.
[Added 12-5-2023 by Ord.
No. 2023-17]
A.
Rates for off-duty police services are:
(1)
The rate of pay for all off-duty police work shall be set each year
by resolution of the Township Committee after consultation with the
Chief of Police. The resolution setting the rates shall be immediately
forwarded to the CFO.
(2)
The failure of a contractor or private entity to contact the Police
Department at least 12 hours in advance of the start of an assignment
to cancel the request for off-duty police services will result in
a two-hour minimum charge to the contractor or private entity. If
an officer accepts an off-duty detail for specific hours and the detail
is not worked to completion due to circumstances with the contractor,
the officer may accept full compensation for the hours scheduled from
the contractor. However, this does not guarantee the officer compensation
for all scheduled hours.
(3)
In addition to the amounts noted above, a per-hour administrative
fee of 15% will be charged to the contractor or private entity.
B.
When a Township police vehicle is available and being utilized as
an active traffic control device, the fee charged for use shall be
set annually by resolution.
[Added 12-5-2023 by Ord.
No. 2023-17]
The contractor shall be responsible for providing adequate traffic
control devices (signs, cones, etc.) in accordance with the Manual
on Uniform Traffic Control Devices (work zone safety). Failure to
provide adequate traffic control devices will result in cancellation
of the off-duty services.
[Added 12-5-2023 by Ord.
No. 2023-17]
Whenever a contractor or outside entity contracts with the Township
Police Department for the services of a police officer during his
or her off-duty hours to engage in police-related activities, that
outside entity must first:
A.
The employer shall hold the municipality harmless from any and all
claims that may arise as the result of activities or actions of the
police officers hired by the employer, which arise during the course
of employment. The employer shall provide the municipality, prior
to utilization of the municipality's police officer, with a certificate
of insurance from an insurance company acceptable to the municipality
evidencing not less than a minimum of $1,000,000 in comprehensive
general liability (including personal injury with exclusion of A and
C deleted), but not less than the employer covers, and $300,000 in
property damage, as well as a hold harmless agreement inuring to the
benefit of the municipality and shall maintain said coverage at all
times that a police officer of the municipality is employed by the
employer. Such indemnity agreement shall be in a form acceptable to
the Township Attorney.
[Added 12-5-2023 by Ord.
No. 2023-17]
In the event a contractor determines not to use off-duty police
officers, the contractor must provide for its own traffic control
personnel and signage. If the Chief of Police determines that the
contractor must utilize off-duty police officers for documented safety
purposes, he will notify the contractor, in writing, and will notify
the Township's Chief Financial Officer. In no event does this
provision preclude the Chief of Police from using on-duty police officers,
at any time, to perform these functions.
