Borough of Kinnelon, NJ Article IV Special Law Enforcement Officers

[Adopted 9-18-1986 as part of Ord. No. 14-86 (Ch. 26, Art. IV, of the 1972 Code)]

§ 56-21 Powers and duties.

The Mayor and Council may appoint special law enforcement officers to temporarily intermittently perform duties similar to those duties performed regularly by the members of the Borough of Kinnelon's regular police force or to provide assistance to the Borough of Kinnelon's regular police force during unusual or emergency circumstances or at individual times.

§ 56-22 Appointment qualifications.

[Amended 8-17-2017 by Ord. No. 7-17]

A. No person shall be appointed a special law enforcement officer unless the person is a resident of the State of New Jersey during the term of the appointment and a resident of the Borough of Kinnelon for two years next preceding the appointment, is sound in body and mind, is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent, is of good moral character, has not been convicted of any offense involving dishonesty or would have him unfit to perform the duties of his office and has successfully undergone the same psychological testing that is required for all full-time police officers in the Borough of Kinnelon. Every applicant for the position of special law enforcement officer shall have fingerprints taken, which shall be filed with the Division of State Police and the Federal Bureau of Investigation. Before any special law enforcement officer is appointed, the Chief of Police or, in the Chief's absence, another chief law enforcement officer of Kinnelon Borough shall ascertain the eligibility and qualification of the applicant and report these determinations, in writing, to the Mayor and Council.

B. In addition to the qualifications established in Subsection A of this section, a person shall not be appointed as a Class Three special law enforcement officer unless the person:

(1) Is a retired law enforcement officer who is less than 65 years of age; for the purposes of this section, a law enforcement officer shall not be considered retired if the officer's return to employment violates any federal or state law or regulation which would deem the officer's retirement as not being bona fide;

(2) Had served as a duly qualified, fully-trained, full-time officer in any municipality or county in this state or as a member of the State Police and was separated from that prior service in good standing, within three years of appointment, except during the period ending May 31, 2018, was separated from that prior service within five years of appointment;

(3) Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;

(4) Possesses a New Jersey Police Training Commission Basic Police Officer Certification or New Jersey State Police Academy Certification;

(5) Has completed the training course for safe schools resource officers developed pursuant to subsection a of section 2 of P.L. 2005, c. 276 (N.J.S.A. 52:17B-71.8); and

(6) Is hired in a part-time capacity.

For the purposes of this subsection, "good standing" shall exclude a retirement resulting from injury or incapacity.

§ 56-23 Persons prohibited from appointment.

Special law enforcement officers shall not be members of the regular police force of Kinnelon Borough, nor shall any permanent, regularly appointed full-time police officer of any municipality be appointed a special law enforcement officer. Any person appointed to serve as a special law enforcement officer in another municipality shall not be appointed a special law enforcement officer in the Borough of Kinnelon. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Borough of Kinnelon or supervision of the Police Department of a municipality shall be appointed as a special law enforcement officer.

§ 56-24 Classifications; limitations on number.

[Amended 8-17-2017 by Ord. No. 7-17]

There shall be three classifications for special law enforcement officers. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:

A. Class One. Class One officers shall be 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, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. Class One officers are prohibited from using a firearm, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm. The number of Class One officers appointed shall be determined by the Mayor and Council in conjunction with the Chief of Police.

B. Class Two. Class Two officers shall exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer. Class Two Officers may be authorized to use a firearm, but only after the officer has been certified as successfully completing a training program as prescribed by the Police Training Commission in the Department of Law and Public Safety. The number of Class Two officers shall not exceed 25% of the total number of regular police officers, except that the Borough of Kinnelon need not reduce the number of Class Two officers or the equivalent thereof in the employ of the Borough of Kinnelon as of March 1, 1985.

C. Class Three.

(1) Class Three Officers shall be authorized to exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or a county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while travelling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

(2) The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b. of section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l. of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a hand gun.

§ 56-25 Training.

A. No person may commence his duties as a special law enforcement officer unless he has successfully completed a training course approved by the Police Training Commission established in the Department of Law and Safety, and no special law enforcement officer may be issued a firearm unless he has successfully completed a basic firearms course approved by the Police Training Commission for permanent, regularly appointed police annual requalification examinations. Said training requirements may be waived for any person by the Police Training Commission if the person demonstrates that he has completed a police training course with requirements substantially equivalent to those required by the Police Training Commission.

B. The Police Training Commission shall certify officers who have satisfactorily completed training programs and shall issue appropriate certificates to those officers.

C. All special law enforcement officers in service as of October 1, 1986, may continue in service if, within 24 months of October 1, 1986, they will have completed all training and certification requirements as set forth in this article. However no special law enforcement officer shall carry a firearm until a basic firearms course approved by the Police Training Commission has successfully been completed or until said training course has been waived for any special law enforcement officer for time spent in training.

§ 56-26 Uniforms.

Prior to the commencement of a special law enforcement officer's duties, each special law enforcement officer shall be furnished a uniform, which shall identify the officer's function, and shall include but not be limited to a hat and appropriate badge and insignia issued by the Police Training Commission which shall reflect the officer's status. The Borough of Kinnelon shall require that the officer reimburse the Borough for the cost of the uniform and equipment furnished to the special law enforcement officer.

§ 56-27 Use of firearms.

A. No special law enforcement officer shall carry a firearm unless the officer has satisfactorily completed the basic firearms course and the requalification examination as required for permanent police officers in the Borough of Kinnelon.

B. No special law enforcement officer shall carry a firearm except while engaged in the actual performance of the officer's duties and when specifically authorized by the Chief of Police or, in the Chiefs absence, other chief law enforcement officer to carry a firearm.

C. A special law enforcement officer shall be deemed to be on duty while the officer is performing the public safety functions on behalf of the Borough of Kinnelon and when he is receiving compensation from the Borough of Kinnelon.

D. A special law enforcement officer shall perform his duties only in the Borough of Kinnelon unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.

E. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers, which duties are not assigned by the Chief of Police or, in the Chief's absence, other chief law enforcement officer or while receiving compensation for those duties from a private employer.

F. A special law enforcement officer who shall be assigned by the Chief of Police or, in the Chiefs absence, other chief law enforcement officer to perform public safety functions for a private entity, and said public safety functions are to be supervised by the Chief of Police or, in the Chief's absence, other chief law enforcement officer, then, notwithstanding that the Borough of Kinnelon is reimbursed for 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.

G. 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 at the station house, unless the firearm is owned by the special law enforcement officer and acquired in compliance with a condition of employment established by the Borough of Kinnelon. Any special law enforcement officer appointed after October 1, 1986, shall only use a firearm supplied by the Borough of Kinnelon. No special police officer shall carry a revolver or other similar weapon when off duty.

§ 56-28 Terms and conditions of appointment.

[Amended 8-17-2017 by Ord. No. 7-17]

A. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Borough of Kinnelon for cause after adequate hearing, unless the appointment is for four months or less, in which case the appointment may be revoked without cause or hearing. The powers and duties of the special law enforcement officer shall cease at the expiration of the term for which appointed.

B. A Class Three special law enforcement officer may be employed only to assist the local law enforcement unit with security duties and shall not supplant a law enforcement officer employed pursuant to the provisions of N.J.S.A. 18A:17-43 or a safe schools resource officer employed pursuant to the provisions of section three of P.L. 2005, c. 276 (N.J.S.A. 18A:17-43.l).

C. A Class Three special law enforcement officer appointed pursuant to the provisions of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8, et seq.) shall not, based on this appointment, be eligible for health care benefits or enrollment in any state-administered retirement system.

§ 56-29 Hours of duty.

[Amended 8-17-2017 by Ord. No. 7-17]

A. No special law enforcement officer may be employed for more than 20 hours a week by the Borough of Kinnelon, except during periods of emergency, when a special law enforcement officer may be employed by the Borough of Kinnelon for those hours the Mayor and Council of the Borough of Kinnelon may determine necessary. For purposes of this article, "emergency" shall mean any sudden, unexpected or unforeseeable event requiring immediate use and deployment of law enforcement personnel as determined by the Mayor and Council in conjunction with the Chief of Police.

B. In addition to not more than 20 hours per week, including those duties specified in § 56-21 of this article, a special law enforcement officer may be assigned up to 20 hours per week to provide public safety and law enforcement services to a public entity.

C. A Class Three special law enforcement officer may be employed without limitation as to hours.

D. The Borough of Kinnelon may designate one special law enforcement officer to whom the limitations on hours as set forth in this article shall not be applicable.