[Amended 6-20-2006; 7-18-2006; 9-16-2008; 1-20-2009; 8-3-2009; 7-20-2010; 6-21-2011]
A.
There is hereby created in and for the City of Union City, a Police
Department, which shall not exceed the following Table of Organization:
[Amended 5-21-2013; 11-18-2014]
Rank/Position
|
Number
| |
---|---|---|
Chief of Police
|
1
| |
Deputy Police Chiefs
|
0
| |
Police Captains
|
3
| |
Police Lieutenants
|
11
| |
Police Sergeants
|
26
| |
Police officers
|
140
| |
Special law enforcement officers (Class II)
|
35
|
B.
In addition, civilian employees, including but not limited to laborers,
telephone operators, clerks, computer personnel, school traffic guards,
and special police officers may be hired at the discretion of the
Director of Public Safety.
[Amended 6-20-2006; 7-18-2006]
The establishment of the Table of Organization for the Union
City Police Department does not require that all positions be filled,
but rather that the numbers of sworn officers in each rank/position
shall not exceed those set forth in this article unless the Table
of Organization is amended by the Board of Commissioners and is subject
to the funding of such positions by the adoption of an appropriate
budget and a Salary Ordinance by the Board of Commissioners. Any such
municipal Salary Ordinance shall serve as a modification of this Table
of Organization, although not set forth within this section of the
Code of the City of Union City.
The Police Chief shall be the head of the police force, and
(s)he shall be directly responsible to the Director of Public Safety
for the efficiency and routine day-to-day operations thereof. The
Police Chief shall have, pursuant to policies established by the Director
of Public Safety, the authority to:
A.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
B.
Have, exercise and discharge the functions, powers and duties of
the force.
C.
Prescribe the duties and assignments of all subordinates and other
personnel.
D.
Delegate such of his/her authority as (s)he may deem necessary for
the efficient operation of the force to be exercised under his/her
direction and supervision.
E.
Faithfully and promptly obey and cause all personnel of the Police
Department under him/her to obey all rules, regulations and orders.
F.
In case of riot, insurrection or threatening thereof, (s)he shall
take command of the Police Department in person and direct its movements
and operations in discharge of its respective duties.
G.
Be responsible for the investigation and adjudication of all complaints
concerning performance of services or duties performed by members
of the Department.
H.
Maintain a constructive relationship with the media and the public.
I.
Be responsible for the maintenance of a daily police attendance record
in which each member shall record his/her rank and time of reporting
and leaving duty, complaints and matters pertaining to the Police
Department.
J.
Report at least weekly to the Director of Public Safety in such form
as shall be prescribed by such Director on the operation of the force
during the preceding week, and make such other reports as may be requested
by the Director.
K.
Designate an officer to perform the duties of the Police Chief in
his/her absence.
The Director of Public Safety, from time to time, shall adopt
rules and regulations for the government of the Police Department
and fix and enforce penalties for violation of such rules and regulations.
A.
Qualifications. The qualifications for the position of Chief of Police
and every member of the Police Department are set forth in N.J.S.A.
40A:14-122, as amended, and by the New Jersey Department of Personnel.
B.
Age limitations. The age limitations for police officers are set
forth in N.J.S.A. 40A:14-127, as amended and interpreted. No officer
shall be appointed who is under 18 years of age, unless that appointment
is permitted through an exception set forth in the New Jersey statutes.
Every member of the Police Department, before entering upon
the performance of his/her duties, shall take and subscribe an oath
or affirmation faithfully and impartially to discharge the duties
of his/her office and shall file such oath or affirmation with the
City Clerk.
The Police Department shall:
A.
Preserve the public peace; prevent crime; detect and arrest offenders
against the penal laws and ordinances effective within the City of
Union City; suppress riots, mobs and insurrections; disperse unlawful
and dangerous assemblages; and preserve order at all elections, public
meetings and assemblages.
B.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and to make rules and
regulations not inconsistent with the Charter, ordinances and general
law for such purposes.
C.
Remove all nuisances in the public streets, parks and other public
places; inspect and observe all places of public amusement or assemblage
and all places of business requiring any state or City license or
permit.
D.
Provide proper police attendance and protection at fires.
E.
Enforce the laws and ordinances in effect within the City and prevent
the violation of them by any person and appropriately attend to all
persons legally charged with the violation of any law or ordinance.
F.
Provide for the attendance of its police officers or civilian employees
in court as necessary for the prosecution and trial of persons charged
with crimes and other violations of the law, and cooperate fully with
the law enforcement and prosecuting authorities of federal, state
and county governments.
G.
Operate a training program to maintain and improve the police.
No member of the Police Department shall be suspended, removed,
fined or reduced in rank for any cause and in any manner except in
accordance with N.J.S.A. 40A:14-147 et seq., as amended, and the regulations
of the New Jersey Department of Personnel.
[Amended 5-21-2013]
The appropriate authority may appoint, from time to time, special
law enforcement officers in accordance with New Jersey statutes for
terms not exceeding one year. They shall possess and exercise all
the powers and duties provided by such statutes during their term
in office, but shall not be continued as regular members of the Police
Department and shall not be entitled to tenure. The Chief of Police
may authorize special law enforcement officers, when on duty, to exercise
the same powers and authority as regular members of the Police Department,
including the carrying of firearms and the power of arrest, provided
that the officers are qualified to do so pursuant to N.J.S.A. 40A:14-146.8
et seq., and as amended. The special law enforcement officers' salary
range shall be $18 to $20 per hour.
A.
Findings.
(1)
The City of Jersey City is the only municipality in Hudson County
with a professional bomb disposal unit.
(2)
The City of Jersey City has agreed to provide bomb disposal services
free of charge to any Hudson County municipality which agrees to indemnify
it for the provision of these services in the event of litigation.
(3)
It is in the best interest of the City of Union City to avail itself
of the bomb disposal unit services of the City of Jersey City.
B.
Purpose. The City of Union City acknowledges that the City of Jersey
City is the only municipality in Hudson County which has a trained
bomb disposal unit as part of its police force. In the past this unit
has been dispatched to various Hudson County municipalities in emergency
situations. Although no incidents or accidents have occurred to date
regarding the bomb disposal services, the possibility of such an accident
or incident is very real. The City of Union City recognizes that it
may be required to call upon the bomb disposal services of the City
of Jersey City in the future. It is therefore the intention of the
City of Union City to represent and indemnify the City of Jersey City
from any and all liability in connection with the provision of bomb
disposal services to the City of Union City even if the City of Jersey
City performs these services negligently.
C.
Indemnification.
(1)
The City of Union City shall not sue or in any way hold liable the
City of Jersey City, its agents and employees for the provision of
bomb disposal services to the City of Union City or any of its residents,
even if the services are performed negligently.
(2)
The City of Union City shall represent, defend and indemnify the
City of Jersey City, its agents and employees for any bomb disposal
services provided by the City of Jersey City to the City of Union
City, or its residents, from any claim or cause of action brought
by anyone, even if the services are performed negligently.
A.
Policy. The Union City Police Department recognizes that substance
abuse has had a profound effect upon society. In acknowledging this,
the Police Department, in accordance with the directives issued by
the Office of the Attorney General of the State of New Jersey, has
implemented the following rules and regulations by which members of
this agency shall be required to submit to drug testing procedures.
B.
Applicability. This policy applies to the following:
(1)
Applicants. Applicants for a position as a law enforcement officer
who, if appointed, will be responsible for the enforcement of the
criminal laws of the state and will be authorized to carry a firearm
under N.J.S.A. 2C:39-6.
(2)
Law enforcement officer trainees. Law enforcement officer trainees
who are subject to the Police Training Act, hereinafter called the
"Act," while they attend a mandatory basic training course.
(3)
Sworn law enforcement officers. Sworn law enforcement officers who
are responsible for the enforcement of the criminal laws of New Jersey,
come under the jurisdiction of the Act and are authorized to carry
a firearm under N.J.S.A. 2C:39-6.
C.
Who shall be tested.
(1)
Applicants. Applicants for a position as a law enforcement officer
shall be required to submit a urine specimen at any time prior to
appointment as a law enforcement officer.
(2)
Law enforcement officer trainees. Law enforcement officer trainees
will be required to submit one or more urine samples for testing while
attending a mandatory basic training course. All drug testing conducted
during mandatory basic training will comply with the rules and regulations
established by the Police Training Commission. Individual trainees
may also be required to submit a urine specimen for testing when there
exists reasonable suspicion to believe that the trainee is illegally
using drugs. A trainee shall be ordered to submit to a drug test based
on reasonable suspicion only with the approval of the County Prosecutor,
the chief executive officer of the trainee's agency or the academy
director.
(3)
Sworn law enforcement officers. Sworn law enforcement officers shall
be subject to drug testing under any of the following conditions:
(a)
Urine specimens shall be ordered from a sworn law enforcement
officer when there exists reasonable suspicion to believe that the
officer is illegally using drugs. Urine specimens shall not be ordered
from an officer without the approval of the County Prosecutor or the
Chief of Police.
(b)
Urine specimens may be ordered from sworn law enforcement officers
who have been randomly selected to submit a drug test. Random selection
shall be defined as a method of selection in which each and every
sworn member of the law enforcement agency, regardless of rank or
assignment, has an equal chance to be selected for drug testing each
and every time a selection is conducted.
(c)
Urine specimens may be collected from sworn law enforcement
officers during a regularly scheduled and announced medical examination
or a fitness-for-duty examination. However, the collection and analysis
of these specimens are not governed by this policy.
D.
Notification of drug testing procedures.
(1)
Applicants. Applicants for positions as law enforcement officers
shall be required to submit urine samples for drug testing. Prior
to the submission of any samples for a drug test, the applicant shall
be required to complete a form which advises the applicant that (s)he
is required to submit a urine specimen as a condition of being considered
for employment. This form shall also advise the applicant that a negative
test result is a condition of employment and that a positive test
result will result in:
(a)
The applicant being dropped from consideration for employment.
(b)
The applicant's name shall be reported to the Central Drug
Registry maintained by the New Jersey Division of State Police.
(c)
The applicant shall be precluded from consideration for future
law enforcement employment for a period of two years.
(d)
The applicant shall be advised that if (s)he is currently employed
by another agency as a sworn law enforcement officer, and (s)he tests
positive for illegal drug use, the applicant's employing agency
shall be notified of the test results, and (s)he shall be permanently
barred from future law enforcement employment in New Jersey.
(2)
Law enforcement officer trainees.
(a)
Law enforcement officer trainees who are newly appointed as
law enforcement officers shall be informed that drug testing is mandatory
during basic training. Newly appointed officers shall also be informed
that a negative test result is a condition of employment, and that
a positive result would necessitate the following:
(b)
In addition, newly appointed officers shall be further informed
that the refusal to submit to a drug test shall result in dismissal
from employment and a permanent bar from future law enforcement employment
in New Jersey.
(3)
Sworn law enforcement officers. Sworn law enforcement officers shall
be required to submit a urine specimen for drug testing under either
of the following circumstances:
(a)
Reasonable suspicion testing.
[1]
A sworn law enforcement officer may be ordered to submit to
a drug test when reasonable suspicion exists to believe that the officer
is illegally using drugs. Prior to an officer submitting to a drug
test under such circumstances, a written report shall be prepared
which documents the basis for the reasonable suspicion. This report
shall be reviewed and approved by the County Prosecutor or the Chief
of Police before a reasonable suspicion test may be ordered. Under
emergent circumstances, approval may be obtained based upon a verbal
report of the facts which form the basis for reasonable suspicion.
[2]
Every sworn law enforcement officer is hereby advised that negative
test result is a condition of employment. A positive test result shall
result in the following actions:
[3]
In addition, an officer who refuses to submit to a drug test
based upon reasonable suspicion after being lawfully ordered to do
so is subject to the same penalties as any officer who tests positive
for the illegal use of drugs.
(b)
Random drug testing. As referenced earlier in this policy, this
agency shall implement a program which shall provide for the random
testing of its sworn personnel for drugs. Any officer who submits
a sample for random drug testing which results in a positive result,
or any officer who refuses to submit to a random drug test as ordered
by a superior officer shall be subject to the following actions:
E.
Random drug testing policy and procedures.
(1)
The frequency of random drug testing shall be determined by the Chief
of Police with notice to the Director of Public Safety and remains
within his/her discretion. Random drug testing shall not be implemented
until these rules and regulations establishing these procedures have
been in effect for a minimum of 60 days.
(2)
All sworn members of this agency, regardless of rank or assignment,
shall be eligible for random drug testing.
(3)
The number of officers to be tested each time a random selection
takes place shall be no more than 10% of the total number of sworn
officers at the time of selection.
[Amended 2-3-2015]
(4)
All sworn officers shall be placed in a pool from which a random selection shall be made. Selections shall be made by use of a computer based on a random number system which shall ensure that every officer has an equal statistical chance of being selected. Officers who are selected for a random drug test are not removed from the computer database for future selections. Therefore it is possible for an officer to be selected several times in any given year. In addition, the computer shall generate an alternate selection list which shall be utilized in the event that an officer who has been selected for random sampling is excused from giving a sample. See Subsection E(10) below, describing those circumstances which would exempt an officer from submitting a sample, and which would then require that the corresponding officer on the alternate selection list be selected to give a sample.
(5)
The internal affairs unit shall be responsible for the maintenance
of records pertaining to the selection process and the subsequent
testing of personnel, including all pertinent reports and forms which
may be required.
(6)
A representative of each of the collective bargaining units which
represent sworn officers shall be permitted to witness the selection
process. Each representative shall be notified of the time and place
for each selection process. The union representatives shall not be
informed of the identity of any officer who has been randomly selected
to submit a urine specimen. Further, the selection process shall not
be delayed due to the unavailability or tardiness of any union representative.
(7)
Any member of this Department who discloses the identity of an officer
selected for random testing, or discloses the fact that a random test
is scheduled to take place prior to the collection of urine specimens,
shall be subject to discipline.
(8)
The internal affairs unit shall be responsible for the selection,
notification, collection, monitoring, chain of custody, storage and
transport of urine specimens to the State Toxicology Laboratory and
any subsequent recordkeeping which is necessary to ensure that the
testing process is conducted in a prompt, efficient and confidential
manner.
(9)
Officers who have been selected for a drug test based upon random
sampling shall be notified by the internal affairs unit and shall
immediately report to the collection facility at the date and time
specified. An officer who refuses to comply with an order directing
that a urine specimen be given shall be subject to the same penalties
as those officers who test positive for the illegal use of drugs.
(10)
Circumstances may arise in which an officer who has been selected
to submit a sample as part of random procedure may not be available.
The following conditions will require that an officer who has been
selected to submit a sample be excused from giving a sample for that
particular selection only. The next officer shall then be selected
from the alternate selection list and shall be required to comply
with this directive. Conditions allowing the selection of an alternate
are:
(a)
An officer who is currently on authorized sick leave for a period
of time at least 24 hours prior to the selection process, and who
remains on sick leave at the time of selection.
(b)
An officer who is utilizing previously approved vacation, time
owed, personal day or other compensatory time off such as bereavement
leave, military or maternity leave, approved leave of absence and
other compensatory time off as provided for in both the PBA and FOP
contracts.
[Amended 5-21-2013]
F.
Specimen acquisition procedures.
(1)
Preliminary acquisition procedures.
(a)
A member of the internal affairs unit shall serve as the official
monitor of the specimen acquisition process. As needed, staff may
be supplemented for this purpose at the discretion of the Chief of
Police, on notice to the Director of Public Safety.
(b)
The monitor shall always be a member of the same sex as the
individual being tested. If there is no member of the same sex available
from internal affairs to collect a specimen, then the Department may
request that a member of the same sex from another law enforcement
agency serve as the monitor of the process.
(c)
The monitor of the specimen acquisition process shall be responsible
for:
[1]
Ensuring that all documentation is fully and accurately completed
by the individual who is submitting the specimen.
[2]
Collecting specimens in a manner that provides for individual
privacy while ensuring the integrity of the specimen.
[3]
Complying with chain of custody procedures established for the
collection of urine specimens and their subsequent submission to the
New Jersey State Toxicology Laboratory for analysis.
(d)
Prior to the submission of a urine specimen, an applicant for
a law enforcement position shall execute a form consenting to the
collection and analysis of his/her urine for illegal drugs. This form
shall also advise the applicant that a negative test result is a condition
of employment, and that a positive test result will result in the
following actions:
[1]
The applicant will be dropped from consideration for employment.
[2]
The applicant's name shall be reported to the Central Drug
Registry maintained by the New Jersey Division of State Police.
[3]
The applicant shall be precluded from being considered for future
law enforcement employment for a period of two years.
[4]
Applicants shall not complete a medical questionnaire prior
to the submission of a specimen unless they have already received
a conditional offer of employment.
[5]
Applicants who have not received a conditional offer of employment
can be required to complete a medical questionnaire if, following
the submission of their specimen to the State Toxicology Laboratory
for analysis, the law enforcement agency receives a report indicating
that the specimen tested positive for a controlled substance.
(e)
Prior to the submission of a urine specimen, a trainee enrolled
in a basic training course shall complete a form that advises the
trainee that a negative test result is a condition of employment,
and that a positive test result will result in the following actions:
[1]
The trainee shall be dismissed from basic training.
[2]
The trainee shall be dismissed from employment as a law enforcement
officer by the appointing authority.
[3]
The trainee's name shall be reported to the Central Drug
Registry maintained by the New Jersey Division of State Police.
[4]
The trainee shall be permanently barred from future law enforcement
employment in New Jersey.
(f)
This form shall also advise the trainee that a refusal to participate
in the testing process carries the same penalties as a specimen which
yields a positive result. Trainees shall also complete a medical questionnaire
which clearly describes all medications, both prescription and over-the-counter
(nonprescription), that were ingested within the past 14 days.
(g)
Prior to the submission of a urine specimen, sworn law enforcement
officers shall complete a medical questionnaire which clearly describes
all medications, both prescription and over-the-counter, that were
ingested within the past 14 days.
(2)
Specimen collection.
(a)
Throughout the test process, the identity of individual applicants,
trainees and sworn law enforcement officers shall remain confidential.
Individual specimens shall be identified throughout the process by
use of social security numbers. At no time shall an individual's
name appear on any form or specimen container sent to the State Toxicology
Laboratory.
(b)
Specimens will be collected utilizing equipment and supplies
approved by the State Toxicology Laboratory. Under no circumstances
may a specimen be collected and submitted for analysis in a specimen
container that has not been approved by the State Toxicology Laboratory.
(c)
Urine specimens will be acquired and processed in accordance
with procures established by the State Toxicology Laboratory as indicated
below:
[1]
After the monitor has inspected the appropriate forms for accuracy,
and upon confirming same, shall then allow the applicant, trainee
or sworn law enforcement officer to void into the specimen collection
container.
[2]
After a specimen has been produced, the individual shall seal
the specimen container and deliver it to the monitor.
[3]
Once the monitor is satisfied that the required documentation
is accurate and (s)he has inspected the specimen container to determine
that a specimen has been produced, the monitor shall take possession
of the specimen and ensure that it is delivered to the State Toxicology
Laboratory for analysis.
(d)
Individuals will void without the direct observation of the
monitor unless there is reason to believe that the individual will
adulterate the specimen or otherwise compromise the integrity of the
test process. Under these circumstances, the production of a specimen
may be directly observed by the monitor. Internal affairs shall document
the facts underlying the belief that an individual may adulterate
a specimen or compromise the integrity of the test process.
(e)
Individuals that initially are unable to produce a urine specimen
may remain under the supervision of the test monitor until the monitor
is satisfied that the individual cannot produce a specimen. While
the individual is under the supervision, the monitor may allow the
individual to drink fluids in an attempt to induce the production
of a specimen. If the individual remains unable to produce a specimen
after a reasonable period of time, the monitor may have the individual
examined by a doctor to determine whether the inability to produce
a specimen was the result of a medical or physical infirmity, or constituted
a refusal to cooperate with the drug testing process.
(f)
Trainees and sworn law enforcement officers shall have the option
to provide the monitor with a second urine specimen at the same time
the first specimen is collected, as indicated below:
[1]
The second specimen shall be collected in the same fashion as
the first specimen. The monitor shall take possession of the second
specimen and place it in a secured refrigerated storage area within
the property room.
[2]
Internal affairs shall maintain the specimen in the property
room for a period of 60 days or until the agency receives notification
from the State Toxicology Laboratory that the first specimen tested
negative for the presence of controlled substances.
[3]
The second specimen shall be released from the custody of internal
affairs under the following circumstances:
[a]
When internal affairs is notified by the State Toxicology Laboratory
that the first specimen tested positive for a controlled substance.
[b]
The individual whose specimen tested positive informs internal
affairs that (s)he wishes to have the specimen independently tested.
[c]
The individual officer must designate a laboratory that is licensed
as a clinical laboratory by the New Jersey Department of Health under
the New Jersey Clinical Laboratory Improvement Act to conduct the
independent test.
[d]
A representative of the licensed clinical laboratory designated
by the individual officer takes possession of the second specimen
in accordance with accepted chain of custody procedures within 60
days of the date the specimen was produced.
[e]
Under no circumstances shall the second specimen be released
directly to the individual officer.
G.
Submission of specimens for analysis.
(1)
The State Toxicology Laboratory within the Division of Criminal Justice
will constitute the sole facility for the analysis of law enforcement
drug tests. Law enforcement agencies are not permitted to use any
other facility or laboratory for purposes of analyzing urine specimens.
(2)
Urine specimens should be submitted to the State Toxicology Laboratory
as soon as possible after their collection. In the event a specimen
cannot be submitted to the laboratory within one working day of its
collection, then it shall be stored in a controlled-access refrigerated
storage area within the property room until submission to the State
Toxicology Laboratory.
(3)
The internal affair unit shall be responsible for the transportation
of specimens to the State Toxicology Laboratory. However, should internal
affairs choose to have specimens delivered to the State Toxicology
Laboratory by commercial courier, the following procedural safeguards
must be taken:
(a)
All submissions must be by next day delivery.
(b)
In addition to the sealed container, all submission must be
packaged in manner that includes two additional seals to provide for
the integrity of the test specimens.
(c)
It is understood that the State Toxicology Laboratory must reject
specimens that it has reason to believe have been subject to tampering.
H.
Analysis of specimens. The State Toxicology Laboratory will utilize
the following test procedures to analyze urine specimens for law enforcement
agencies:
(1)
All specimens will be subject to an initial test utilizing fluorescence
polarization immunoassay analysis.
(2)
Those specimens that test positive for a controlled substance following
the fluorescence polarization immunoassay shall be subject to a gas
chromatography/mass spectrophotometry analysis to confirm the presence
of a controlled substance.
(3)
In the event a specimen is confirmed to be positive for a controlled
substance following the gas chromatography/mass spectrophotometry,
a medical review officer at the laboratory shall compare the test
results with the medical questionnaire submitted with the specimen
to determine whether any substance listed on the questionnaire would
explain the test result. The medical review officer may direct the
agency that collected the specimen to obtain further information from
the individual being tested concerning the medications listed on the
questionnaire. In the event the questionnaire does not explain the
test result, the medical review officer shall issue a report indicating
that the specimen tested positive.
(5)
The analysis of each specimen shall be done in accordance with procedures
adopted by the State Toxicology Laboratory. These procedures shall
include, but are not limited to, security of the test specimens, chain
of custody, metabolite cutoff levels and the issuance of test reports.
(6)
The Chief of Police may request that one or more specimens be analyzed
for the presence of steroids.
[Added 2-3-2015]
I.
Drug test results.
(1)
The State Toxicology Laboratory shall notify this agency of any positive
test results from the specimens submitted for analysis. All reports
of positive test results shall be in writing and sent to this agency
within 15 working days of the submission. The State Toxicology Laboratory,
upon request, will provide this agency with written documentation
that one or more specimens submitted for analysis tested negative.
(2)
The State Toxicology Laboratory shall not report a specimen as having
tested positive for a controlled substance until the specimen has
undergone a confirmatory test, and the medical review officer has
reviewed the results of that test with a medical questionnaire pertinent
to that specimen.
(3)
The Police Department shall notify the applicant, trainee or sworn
law enforcement officer of the results of a positive test as soon
as practicable after receipt of the report from the State Toxicology
Laboratory. Upon request, the individual may receive a copy of the
laboratory report.
(4)
Under no circumstances may an agency or any individual resubmit a
specimen for testing or ask that a particular specimen within the
possession of the State Toxicology Laboratory be retested.
J.
Consequences of a positive test result.
(1)
For an applicant.
(a)
When an applicant tests positive for illegal drug use:
[1]
The applicant shall be immediately removed from consideration
for employment by this agency.
[2]
The applicant shall be reported to the Central Drug Registry
maintained by the Division of State Police by the law enforcement
agency to which the individual applied.
[3]
The applicant shall be precluded from consideration for future
law enforcement employment by any law enforcement agency in New Jersey
for a period of two years.
(b)
Where the applicant is currently employed by another agency
as a sworn law enforcement officer, the officer's current employer
shall be notified of the positive test result. Under these circumstances,
the officer's current employer is required to dismiss the officer
from employment and also report his/her name to the Central Drug Registry
maintained by the Division of State Police.
(2)
For a trainee. When a trainee tests positive for illegal drug use,
subject to rules adopted by the Police Training Commission:
(a)
The trainee shall immediately be dismissed from basic training
and suspended from employment by his/her appointment authority.
(b)
The trainee shall be terminated from employment as a law enforcement
officer, upon final disciplinary action by the appointing authority.
(c)
The trainee shall be reported to the Central Drug Registry maintained
by the Division of State Police.
(d)
The trainee shall be permanently barred from future law enforcement
employment in New Jersey.
(3)
For a sworn law enforcement officer. When a sworn law enforcement
officer tests positive for illegal drug use:
(a)
The officer shall immediately be suspended from all duties.
(b)
The officer shall be terminated from employment as a law enforcement
officer, upon final disciplinary action.
(c)
The officer shall be reported to the Central Drug Registry maintained
by the Division of State Police by his/her employer.
(d)
The officer shall be permanently barred from future law enforcement
employment in New Jersey.
(4)
Refusal to be tested.
(a)
Officers who refuse to submit to a drug test when randomly selected
are subject to the same penalties as those officers who test positive
for the illegal use of drugs.
(b)
A sworn law enforcement officer who resigns or retires after
receiving a lawful order to submit a urine specimen for drug testing
and who does not provide the specimen shall be deemed to have refused
to submit to the drug test.
K.
Consequences of refusal to submit to drug test.
(1)
Applicants. Applicants who refuse to submit to a drug test during
the preemployment process shall be immediately removed from consideration
for law enforcement employment and barred from consideration for future
law enforcement employment for a period of two years. In addition,
the appointing authority shall forward the applicant's name to
the Central Drug Registry and note that the individual refused to
submit to a drug test.
(2)
Trainees. Trainees who refuse to submit to a drug test during basic
training shall be immediately removed from the academy and immediately
suspended from employment. Upon a finding that the trainee did, in
fact, refuse to submit a sample, the trainee shall be terminated from
law enforcement employment and permanently barred from future law
enforcement employment in New Jersey. In addition, the appointing
authority shall forward the applicant's name to the Central Drug Registry
and note that the individual refused to submit to a drug test.
(3)
Sworn law enforcement officers. Sworn law enforcement officers who
refuse to submit to a drug test ordered in response to reasonable
suspicion or random selection shall be immediately suspended from
employment. Upon a finding that the officer did, in fact, refuse to
submit a sample, the officer shall be terminated from law enforcement
employment and permanently barred from future law enforcement employment
in New Jersey. In addition, the appointing authority shall forward
the applicant's name to the Central Drug Registry and note that
the individual refused to submit to a drug test.
(4)
Testing positive. A sworn law enforcement officer who tests positive
for illegal drug use or refuses to submit to a drug test, and who
resigns or retires in lieu of disciplinary action or prior to the
completion of final disciplinary action, shall be reported by his/her
employer to the Central Drug Registry and shall be permanently barred
from future law enforcement employment in New Jersey.
L.
Recordkeeping.
(1)
Maintaining of records. The Union City Police Department Internal
Affairs Unit shall maintain all records relating to the drug testing
of applicants, trainees and law enforcement officers.
(2)
For all drug testing. For all drug testing, the internal affairs
unit drug testing records shall include, but not be limited to:
(a)
The identity of those ordered to submit urine samples.
(b)
The reason for that order.
(c)
The date the urine specimen was collected.
(d)
The monitor of the collection process.
(e)
The chain of custody of the urine sample from the time it was
collected until the time it was received by the State Toxicology Laboratory.
(f)
The results of the drug testing.
(g)
Copies of notifications to the subject.
(h)
For any positive result or refusal, appropriate documentation
of disciplinary action.
(3)
For random drug testing. For random drug testing the records shall
also include, but not be limited to, the following:
(4)
Confidentiality of records. Drug testing records shall be maintained
with the level of confidentiality required for internal affairs files
pursuant to the New Jersey Internal Affairs Policy and Procedures.
M.
Central drug registry.
(1)
The Union City Police Department shall notify the Central Drug Registry
maintained by the Division of State Police of the identity of applicants,
trainees and sworn law enforcement officers who test positive for
the illegal use of drugs or who refuse an order to submit a urine
sample. Notifications to the Central Drug Registry shall include the
following information as to each individual:
(a)
Name and address of submitting agency.
(b)
Name of the individual who tested positive.
(c)
Last known address of the individual.
(d)
Date of birth.
(e)
Social security number.
(f)
SBI number, if applicable.
(g)
Substance the individual tested positive for or circumstances
of the refusal to submit a urine sample.
(h)
Date of final dismissal or separation from the agency.
(i)
Whether the individual was an applicant, trainee or sworn law
enforcement officer.
(j)
Gender.
(k)
Race.
(l)
Eye color.
(m)
Date of the drug test or refusal.
(2)
Notifications to the Central Drug Registry shall be sent to:
Division of State Police
State Bureau of Identification
Central Drug Registry
P.O. Box 7068
West Trenton, NJ 08628-0068
|
(3)
Information contained in the Central Drug Registry may be released
by the Division of State Police only under the following circumstances:
(4)
The certification section of the notification form must be completed
by the Chief or Director and notarized with a raised seal.
[Added 3-4-2003]
A.
Findings. In 1991, the New Jersey Legislature passed the Prevention
of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq. ("the
Act"), having determined that domestic violence is a serious crime
against society with victims from all social and economic backgrounds.
Pursuant to the Act, crisis intervention teams of trained residents
can be formed to assist police authorities in dealing with domestic
violence cases. The Union City Domestic Violence Victim Assistance
Program ("UCDV-VAP") would assist victims of domestic violence by
providing information on available resources and referrals, and acting
as a liaison with the police and other agencies, as appropriate.
B.
Establishment of team; qualifications for membership; appointment;
coordinator.
(1)
There is hereby created the UCDV-VAP, or "team." The Team shall consist
of an unlimited number of volunteers who shall be at least 21 years
of age and a bona fide resident of Union City, or an employee thereof.
All team members shall serve without compensation. Interested persons
shall complete an application form supplied by the Union City Police
Department, be fingerprinted by the Police Department and subject
to a background check. Conviction of any crime, as defined under the
New Jersey Code of Criminal Justice, shall disqualify a person from
membership on the Team.
(2)
Members of the team shall be appointed by resolution of the Commission
upon recommendation of the Chief of Police or Director of Public Safety.
The Commission, by resolution, shall also appoint team coordinators
as needed. Team coordinators shall supervise the program, coordinate
scheduling and perform other duties related to the program as directed
by the Chief of Police.
(3)
All coordinators and team members shall be supervised by the Police
Department and shall serve at the discretion of the Chief of Police.
C.
Training program. No person may serve as a team member unless he
or she shall have first completed 40 hours of training, specializing
in domestic violence crises response team matters. This training further
provides confidentiality protection to team members in accordance
with N.J.S.A. 2A:84A-22 et seq.
D.
Functions and duties. The functions and duties of the team shall
include, but not be limited to:
(1)
Meeting with victims of domestic violence to provide support, compassion
and advice;
(2)
Providing information on available resources, appropriate agencies,
hot lines and serving as a liaison with police and other agencies
as appropriate; and
(3)
Providing such other functions and duties as may be established by
the Police Department.
E.
Annual report. The Chief of Police shall prepare and submit to the
Director of Public Safety an annual report summarizing the activities
of the team and any recommendations deemed by the Police Chief to
be appropriate.
[Added 10-6-2009]
A.
The Chief of Police shall establish regulations within the Police
Department providing for the control, coordination, scheduling and
approval of off-duty police details which conform to all applicable
New Jersey State Attorney General guidelines and other controlling
regulations. The Chief may modify such regulations from time to time
to remain consistent with prevailing regulations or by other grounds
that he believes justify such change. A copy of such regulation shall
be provided to the Director of Safety and filed with the City Clerk.
B.
The fees paid for hiring police officers shall be set by ordinance,
and the current rate set is $60 per hour. In the case of nongovernmental
agencies, $1 per hour shall be collected by the City as an administrative
fee, and $2 per hour shall be collected on behalf of the police union
representing the officer. The remaining $57 per hour shall be paid
to the officer working the detail. In the case of governmental agencies
or "special" details paid by the Union City Police Department, no
fee shall be deducted and the full $60 per hour shall be paid to the
officers working the details.
C.
All details shall be paid the same way irrespective of the rank of
the officer working the detail.
D.
All off-duty police details which include the use of a police vehicle
shall have an additional charge of $10 per hour.
[Added 7-15-2014]
A.
Department assignment. The Emergency Medical Service is designated
as a service within the Police Department.
B.
Budget. The funding for the Emergency Medical Service shall be within
the Police Department line items in the City budget.
C.
Medical Director. The City of Union City shall employ a Medical Director
whose duties and qualifications shall be as follows:
(1)
The Medical Director shall be a physician who is licensed by the
New Jersey State Board of Medical Examiners to practice medicine.
(2)
The Medical Director shall be responsible for providing medical quality
assurance oversight regarding the administration of BLS services by
the provider's crewmembers. Medical quality assurance oversight
shall include, but is not limited to, review of utilization of the
AED, as well as interpretation of treatment protocols and documentation
standards.
(3)
The Medical Director shall oversee training of all EMTs and continuing
education for all EMTs in the City EMS.
(4)
The Medical Director shall address patient care complaints regarding
services rendered by EMTs as needed.
(5)
The Medical Director make recommendations for improving the City's
EMS services and shall communicate recommendations as to EMS services
to the EMS Department.
(6)
The Medical Director shall review EMS standard operating procedures
on a periodic basis.
[1]
Editor's Note: This section was originally under the article
titled "Fire Protection."