As used in this Article, the following definitions apply:
- The Police Training Commission established in the Department of Law and Public Safety pursuant to Section 5 of P.L. 1961, c. 56 (N.J.S.A. 52:17B-70).
- Any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel as shall be determined by the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer or the Mayor. Vacations, shortages in police personnel caused by vacancies unfilled by the Mayor and Council for more than 60 days or any other condition that could reasonably have been anticipated or foreseen shall not constitute an "emergency" for the purposes of this chapter, but an "emergency" may continue for the purposes of this chapter when a vacancy remains unfilled for more than 60 days and when, on application of the Mayor and Council, the County Prosecutor grants an extension for one or more additional sixty-day periods upon a showing by the Mayor and Council of a diligent, good faith effort to fill the vacancy.
- SPECIAL LAW ENFORCEMENT OFFICER
- Any person appointed pursuant to this chapter and the Special Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.8 et seq., to temporarily or intermittently perform duties similar to those performed regularly by members of a police force or to provide assistance to the police force during unusual or emergency circumstances.
The Mayor, with the approval of the majority of the Council, may appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by the rules and regulations of the Department, this chapter and the Special Law Enforcement Officers' Act.
No person may be appointed as a special law enforcement officer unless the person:
Is a resident of this state 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 its 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 or her unfit to perform the duties of his office.
Has successfully undergone the same psychological testing that is required of all full-time police officers in the municipality.
Every applicant for the position of special law enforcement officer appointed pursuant to this chapter shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
No person shall be appointed to serve as a special law enforcement officer in more than one municipality at the same time, nor shall any permanent regularly appointed full-time police officer of any municipality be appointed as a special law enforcement officer in the Borough of Northvale. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Borough or supervision of the Police Department of the Borough shall be appointed as a special law enforcement officer.
Before any special law enforcement officer is appointed pursuant to this chapter, the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer of the Borough shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Mayor and Council.
Any person who at any time prior to his or her appointment has served as a duly qualified, fully trained full-time officer in any municipality of this state and who was separated from that prior service in good standing shall be eligible to serve as a special law enforcement officer consistent with guidelines promulgated by the Commission. The training requirements set forth in this chapter may be waived by the Commission with regard to any person eligible to be appointed as a special law enforcement officer pursuant to the provisions of this subsection.
No person may commence his duties as a special law enforcement officer unless he or she has successfully completed a training course approved by the Commission, and no special law enforcement officer may be issued a firearm unless he or she has successfully completed the basic firearms course approved by the Commission for permanent, regularly appointed police and annual requalification examinations as required by § 42-18. Training may be in a Commission-approved academy or in any other training program that the Commission may determine appropriate.
There shall be two classifications for special police officers. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. If authorized by ordinance, 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 Revised 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 that may require the carrying or use of a firearm.
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 Commission.
The Commission may, in its discretion, except from the requirements of this section any person who demonstrates to the Commission's satisfaction that he has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this Article.
All special law enforcement officers appointed and in service on January 13, 1986, may continue in service if, within 24 months, they will have completed all training and certification requirements of this chapter and the Special Law Enforcement Officers' Act.
Special law enforcement officers will be appointed by the Mayor and Council for terms not to exceed one year, and the appointments may be revoked by the Mayor and Council 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 Borough, and their powers and duties as determined pursuant to this Article shall cease at the expiration of the term for which appointed.
No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer of the Borough to carry a firearm, and provided that the officer has satisfactorily completed the basic firearms course required by the Commission for regular police officers and annual requalification examinations as required for permanent, regularly appointed full-time officers in the Borough. A special law enforcement officer shall be deemed to be on duty only while he or she is performing the public safety function on behalf of the Borough pursuant to this chapter and when he or she is receiving compensation, if any, from the Borough at the rates or stipends as shall be established by ordinance. A special law enforcement officer shall not be deemed to be on duty for purposes of this chapter while performing private security duties for private employers which duties are not assigned by the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer of the Borough or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer to perform public safety functions for a private entity if the Chief of Police or the highest ranking law enforcement officer supervises the performance of the public safety functions. If the Chief of Police or highest ranking law enforcement officer assigns the public safety duties and supervises the performance of those duties, then notwithstanding that the local unit is reimbursed 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.
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 of the stationhouse unless the firearm is owned by the special law enforcement officer and was acquired in compliance with a condition of employment established by the Borough. Any special law enforcement officer first appointed after the effective date of this chapter shall only use a firearm supplied by the Borough.
No special law enforcement officer shall carry a revolver or other similar weapon when off duty.
A special law enforcement officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer of the Borough of Northvale and shall perform his duties only in the Borough unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
The special law enforcement officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Borough as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
The Chief of Police or, in the absence of the Chief, the highest ranking law enforcement officer of the Borough may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough, including but not limited to the carrying of firearms and the power to arrest, subject to rules and regulations, not inconsistent with this chapter.
Every special law enforcement officer, prior to the commencement of his or her duties, shall be furnished with a uniform that shall identify the officer's function. The uniform shall include but not be limited to a hat and appropriate badges, that shall bear an identification number or name tag and the name of the Borough. 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 this chapter. All special law enforcement officers, prior to the commencement of duties, shall be in uniform properly displaying the appropriate insignia. Nothing in this section shall preclude the designation on an insignia to read either "special police" or "special law enforcement officer."
The Mayor and Council may, by resolution, charge a reasonable fee for equipment and uniforms supplied to special law enforcement officers. Officers will not be charged a fee for the costs of training or issuing a certificate of appointment. The officer will not be compensated for time spent in training required herein.
No special law enforcement officer may be employed for more than 20 hours per week by the Borough, except during periods of emergency, when such officers may be employed without limitation as to hours.
If a special law enforcement is assigned to perform public safety duties for a private entity, he or she may do so for not more than 20 hours per week in addition to not more than 20 hours per week employment for the Borough.
The Mayor and Council may designate by ordinance one special law enforcement officer to whom the limitations on hours employed does not apply.
Special law enforcement officers may be employed only to assist the Borough of Northvale but may not be employed to replace or substitute for full-time regular police officers or in any way to diminish the number of full-time officers employed by the Borough.