City of Bordentown, NJ Police Department

Preserve the public peace; prevent crime and disorderly conduct; detect and arrest offenders against the penal laws and ordinances effective within the City; suppress riots, mobs and insurrections; dispense unlawful or dangerous assemblages; and preserve order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances in force within the City in all cases where such administration and enforcement is not vested in the exclusive jurisdiction of such City officials as the City Zoning Officer, Building Inspector, Plumbing Inspector or Health Officer and cooperate fully with such officers.

Remove all nuisances in public streets, ways, parks, playgrounds, parking lots and other public places and inspect and observe all places of public amusement or assemblage and all places operating under any state or City license or permit.

Provide proper police attendance and protection at fires.

(5)

Apprehend, arrest or summon all persons lawfully charged with the violation of any law or ordinance for the suppression or punishment of crimes, disorderly conduct or offenses.

(6)

Provide for the attendance of its members in court when necessary for the prosecution and trial of persons charged with crimes, disorderly conduct or offenses under any law or ordinance.

(7)

Serve and execute all process issuing out of the Municipal Court and have all the power and authority of constables of this state, except as to the service of civil processes out of courts other than the Municipal Court.

(8)

Render aid to all distressed, injured, infirm and sick persons and perform such duties in regard to the body of any deceased as may be necessary or proper under the existing circumstances.

(9)

Cooperate fully with the law enforcement agencies and prosecuting authorities of federal, state and county governments.

(10)

Maintain such police training programs as may be necessary and proper for the efficient and effective organization and operation of the Police Department.

§ 66-1A Police Physician.

[Added 9-10-2001 by Ord. No. 2001-7]

The Director of Public Safety shall designate a local physician who shall act in the official capacity of Police Physician. The Police Physician shall examine all members of the police force, or appointees to the police force, whenever requested by the Director of Public Safety or the Chief of Police, and shall report in writing the result of such examinations, with his opinion as to the physical fitness for police work of the person examined. The Police Physician shall be called, whenever the services of a physician are required, to examine or administer to a person then in custody of the Police Department. In case of the unavailability of the Police Physician, any local physician may be called upon to act in his/her place at the discretion of the Director of Public Safety, the Chief of Police or the senior officer on duty.

§ 66-2 Appropriate authority; Department head.

[Added 9-10-2001 by Ord. No. 2001-7[1]]

The appropriate authority, as said term is used in N.J.S.A. 40A:14-118, shall be the Director of Public Safety. The Director of Public Safety shall adopt and promulgate rules and regulations for the government of the police force and for the discipline of its members. Said Police Department shall be under the immediate charge and direction of the Director of Public Safety.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Director of Public Safety for the efficiency and routine day-to-day operations of the Police Department, and pursuant to policies established by the Director of Public Safety, he shall:

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the force.

Prescribe the duties and assignments of all subordinates and other personnel.

Delegate such authority, as he may deem necessary for the efficient operation of the Police Department, to be exercised under his direction and supervision.

(5)

Report at least monthly to the Director of Public Safety, in such form as the Director of Public Safety shall prescribe, on the operation of the Police Department during the preceding month and shall make such other reports as may be requested by the Director of Public Safety.

Editor's Note: This ordinance also provided for the renumbering of former § 66-2 as § 66-3.

§ 66-3 Composition.

[Amended 8-12-1991 by Ord. No. 1991-7; 11-22-1993 by Ord. No. 1993-20; 9-10-2001 by Ord. No. 2001-7[1]; 1-26-2004 by Ord. No. 2004-02]

The Police Department of the City of Bordentown may consist of one Chief of Police, one Deputy Chief of Police, one Captain, up to but not more than two Lieutenants, up to but not more than four Sergeants, up to but not more than two Corporals, up to but not more than six patrol officers, up to but not more than four law enforcement officers-Class 1, and up to but not more than three law enforcement officers-Class 2, all of whom shall act and be known as "police officers of the City of Bordentown, New Jersey." There is no requirement that all superior or partial officers' positions shall be filled at any one time. The decision to fill any superior position rests in the City's discretion.

Editor's Note: This ordinance also deleted former § 66-3, Supervision.

§ 66-4 Appointment and promotion.

[Amended 12-24-1990 by Ord. No. 1990-5; 4-10-1995 by Ord. No. 1995-7; 9-10-2001 by Ord. No. 2001-7; 9-14-2009 by Ord. No. 2009-14]

All members of the Police Department shall hereafter be appointed by the Commissioner of Public Safety. All applicants for appointment to or for promotion within the Police Department shall be qualified for appointment or promotion as required by law, ordinance and civil service rules and regulations. All applicants for appointment must be residents of the City of Bordentown and must maintain continuous residency from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

§ 66-5 Duties.

The Chief of Police and patrolmen shall severally perform the duties imposed upon them respectively by such ordinances, orders, rules and regulations as may from time to time be adopted for the government and control of the Police Department.[1]

Editor's Note: Former Section 6, which immediately followed this section and provided that all members of the Police Department be Marshals of the City, was deleted 12-24-1990 by Ord. No. 1990-5.

§ 66-6 Commitment of Department.

Every member of the Police Department shall devote his whole time and attention to his duties as a member of the Police Department.

§ 66-7 Compensation.

[Amended 11-22-1993 by Ord. No. 1993-20; 9-10-2001 by Ord. No. 2001-7]

Salaries of the Chief of Police, Sergeants, Corporals, patrolmen and law enforcement officers, Classes 1 and 2, shall be such as the governing body shall by the resolution or ordinance set forth.

§ 66-8 Special officers.

[Added 9-10-2001 by Ord. No. 2001-7]

Special officers (referred to in the City's salaries ordinance and herein as law enforcement officers, Classes 1 and 2) may be appointed and utilized by the Police Department pursuant to N.J.S.A. 40A:14-146.8.

§ 66-9 Outside employment of police officers.

[Added 2-23-2021 by Ord. No. 2021-02]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY

The City of Bordentown.

EMPLOYEE

A regular police officer of the Police Department of the City of Bordentown that is being hired by a private employer to provide security and/or traffic control services. Special officers, as defined in N.J.S.A. 40A:14-146.8 et seq., shall also be permitted to perform these services.

PRIVATE EMPLOYER

Any entity, public or private, other than the City of Bordentown, that is hiring an employee, as defined herein, to provide security and/or traffic control services for the private employer's business, project or function.

Authorization.

Employees of the City's Police Department, whether they be full-time or part-time, are expressly authorized to engage in security-related and traffic-control activities during their off-duty hours for private employers, so long as the arrangements therefor are made with the City and any compensation paid to the officers for such service is channeled through the City.

The officers performing said off-duty services authorized hereunder are also authorized to wear a City police uniform.

The authorization set forth in this section shall apply only to security-related and traffic-control activities during off-duty hours for private employers.

In granting this authorization, the City assumes no responsibility or liability for the actions or nonactions of the off-duty officers.

(5)

Pursuant to memoranda issued by the State of New Jersey Department of the Treasury, Division of Pensions, dated August 1989, and February 1990, it is the express intention of this section that off-duty work authorized by this section shall entitle police officers to coverage under the Police and Firemen's Retirement System where they are injured during off-duty or outside employment under the scope of the article. Both the City and the members of the City's Police Department are familiar with these memoranda and because the employees shall ultimately be subject to departmental discipline and control, and because they are ultimately paid by the City, they are in accordance with the February 1990 memorandum prepared by Douglas R. Forrester, Director, Division of Pension, and are considered to be covered for injury or death which may occur while performing those duties.

Contracts with private employers or public entities.

In accordance with Chapter 240 of the Code of the City of Bordentown, persons performing work in the City rights-of-way are required to apply for and obtain a permit from the City and must also employ uniformed police officers as traffic directors in certain circumstances (see § 240-7). Any private employer, public utility, or other entity that intends to perform work in a City right-of-way, where said work may impact local roads and require traffic control, shall be required to enter into a contract with the City of Bordentown for all traffic control activities impacting local roads and/or rights-of-way. For other non-traffic-related, extra-duty or security-related matters, private employers, public utilities, or other entities are encouraged to utilize off-duty members of the Bordentown City Police Department.

Except in cases of a bona fide emergency, no assignment to extra duty may be made unless, 24 hours' prior to such assignment, the private party or entity has executed a contract for such services and has made the required deposit pursuant to the uniform agreement to provide security-related and/or traffic control service by off-duty personnel, which form of agreement is on file with the City Department of Finance. Said agreement shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment of services to the officers, administrative fees to the City of Bordentown and fees for the use of City-owned equipment. Twenty-four-hours' notice is not necessary in instances where traffic control is required due to emergency work.

The agreement shall provide for the deposit of monies in advance by the private employer for the services to be performed. Should the contract be for a term exceeding one month, the private employer shall be required to tender an estimated payment for the first month's services upon executing the contract and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Chief Financial Officer shall, upon termination of the contract, receipt of the final certified time slips, and receipt of written demand from the private employer, return all unused funds to the private employer. Nothing in this section shall be construed as limiting the power of the City of Bordentown to accept or reject any and all assignments with any private employer.

Insurance. As a precondition to the use of employees by a private employer, the private employer shall provide written assurance that the officers are covered by the private employer's workman's compensation insurance and personal liability insurance policies, which assurance shall include a copy of said insurance policies, as well as such other information as the Chief of Police deems appropriate; all such information shall be submitted to the City's Attorney for approval prior to the performance of any services by City employees. Time and expense for Attorney review shall be paid directly by the contractor at the Attorney's normal rate.

Payment for extra-duty assignments; establishment of fund.

All private employers shall be required to make all payments for extra-duty assignments payable to the City of Bordentown. All payments for extra-duty assignments shall be forwarded to the Finance Office of Bordentown City. The Finance Officer shall deposit all funds earmarked for the payment of extra-duty officers, collected from private employers, into a special escrow fund which is hereby established by this section. The escrow fund shall be established for payment to members of the Police Department performing the extra-duty services, also referred to as "employees." All police officers shall be required to submit pay slips to the Police Chief. The pay slip shall be in a form approved by the Finance Officer. Upon receipt of a properly executed pay slip verified by the private person or entity, the Finance Office shall process the pay slips for disbursement during the officer's regular pay period.

The rate to be charged under this section shall be as follows:

(a)

Seventy-five dollars per hour per police officer, Monday through Friday. If a job exceeds eight hours in a day, the police officer(s) shall receive time and one-half for time worked after eight hours.

(b)

One hundred twelve dollars and fifty cents per hour per police officer, Saturday, Sunday, or holidays.

(c)

Seventy-five dollars per hour per police officer for all City-sponsored events, regardless of the day of week or total amount of hours worked at said event. City-sponsored events will be determined by the Chief of Police or the Director of Public Safety.

Job cancellation fees.

(a)

If a private employer or entity cancels a job at least two hours' prior to the scheduled start time, it will not be responsible for any rate for officer time for said cancellation.

(b)

If a private employer or entity cancels a job with less than two hours' notice, it will be charged for four hours as follows:

Two hundred sixty dollars per officer;

[2]

Administrative fee of $60; and

[3]

One hundred fifty dollars per vehicle per day.

(c)

All cancellations shall be made to the central dispatch number which is in the contract.