Borough of Atlantic Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands 2-26-1997 by Ord. No. 5-97. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management — See Ch. 20.
Fire Department — See Ch. 24.
The Department of the municipal government of the Borough designated as the "Police Department of the Borough of Atlantic Highlands," heretofore established, is hereby continued.
A police station, known and designated as the Police Headquarters of the Borough of Atlantic Highlands, is hereby established in the Borough Hall, 100 First Avenue, Atlantic Highlands, New Jersey. The Police Headquarters shall be open for the transaction of police business daily, including Sundays and holidays.
The Police Department's duties and functions shall include but not be limited to:
A. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and 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 the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
D. 
Provide proper police attendance and protection at fires.
E. 
Provide for the attendance of its members in court, as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
F. 
Operate appropriate training programs to maintain and improve the police efficiency of the members of the Department.
G. 
Administer and enforce rules and regulations for the disposition, conduct and discipline of the Department, subject to the laws of the State of New Jersey.
Each applicant for a position in the Police Department shall have the qualifications required by N.J.S.A. 40A:14-122. Each applicant shall comply with the laws of the State of New Jersey pertaining to municipal police. Appointments will be the determination of the Mayor and Council. Each successful appointee shall serve a probationary period commencing after his successful completion of the appropriate training course at an accredited police training academy, or upon his appointment if the appointee has prior police training/service.
A. 
Appointees shall serve in a probationary status for a period of one year, during which period their employment and appointment shall be subject to termination at the pleasure of the Mayor and Council.
B. 
Whenever a probationary period of service shall have been completed by an appointee to the satisfaction of the Mayor and Council and the appointee shall thereupon have been duly appointed to the office for an indefinite term, the probationary period served shall constitute part of his length of service.
C. 
Newly appointed police officers shall complete necessary recruit training during the first year of service as may be required by law.
There shall be a Police Physician who shall have all of the powers, functions and duties of a Borough Police Physician prescribed by law.
[Amended 10-13-2004 by Ord. No. 14-2004]
The Mayor and Council may appoint special police officers for a term not exceeding one year. Special officers shall be appointed, qualified, and utilized in accord with the standards of N.J.S.A. 40A: 14-146.8 to 146.18. The powers, rights and duties of such officers shall immediately cease at the expiration of the term for which they were appointed, and there is no requirement or obligation of reappointment.
A. 
Class 1 Special Officers. They shall be authorized to perform routine traffic details, spectator control, and similar duties. A Class 1 Special Officer shall have the power to issue summonses for disorderly persons, petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by a Class 1 Special Officer shall be strictly prohibited and no officer of this class shall be assigned any duties, which may require the carry of, or use of a firearm.
B. 
Class II Special Officers. Officers in this class are authorized to exercise the full power and duties of a regular police officer. The use of a firearm by a Class II Special Officer may only be authorized by the Chief of Police upon the successful completion of training and instruction as required by law.
[Amended 5-8-2002 by Ord. No. 3-2002]
A. 
Pursuant to N.J.S.A. 40A:14-118, the "appropriate authority" presiding over the operation of the Police Department is the Borough Administrator, or in his absence, the Chairman of the Police Committee. The Chief of Police is under the authority of the appropriate authority. The appropriate authority shall have the authority to establish policies and administrative direction and to issue and amend as necessary Rules and Regulations for the Police Department. All members of the Police Department shall be subject to the Rules and Regulations. The appropriate authority shall be the final authority as to all disciplinary decisions and appeals under the Rules and Regulations. The appropriate authority may delegate the initial hearing process to a Borough Official who in his opinion is qualified to act as a finder of fact, but the final decision rests with the appropriate authority. Nothing herein shall effect the grievance process as contained in the contract between the Borough and the Police Benevolent Association or as provided by law.
B. 
Command shall be exercised by rank; in cases of equal rank by length of service in that rank and, where equal, by length of service in the next preceding rank, except when persons of lesser rank or fewer years of service occupy and perform the duties and exercise command and supervisory authority by virtue of a specific assignment from the Chief or as defined in the Rules and Regulations.
[Amended 5-8-2002 by Ord. No. 3-2002]
A. 
Sworn Police Officers. There are hereby created the following positions within the Police Department and the general duties of each position. Officers are expected to perform the duties of subordinate ranks when needed or assigned. The filling of any position is solely at the discretion of the Borough Council. All police officers shall be appointed or promoted to higher rank by resolution by the Borough Council. Command shall be exercised by rank; in cases of equal rank by length of service in that rank and, where equal, by length of service in the next preceding rank, except when persons of lesser rank or fewer years of service occupy and perform the duties and exercise command supervisory authority by virtue of a specific assignment from the Chief or as defined in the Rules and Regulations.
(1) 
One position for Chief of Police. The Chief of Police shall be the head of the police force and shall be directly responsible to the Borough Administrator, and the Borough governing body for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall pursuant to the policies established by the appropriate authority.
(a) 
Be considered to be on duty at all times and shall not leave the Borough for any extended period of time without first notifying the appropriate authority and receiving approval for the leave of absence.
(b) 
Report immediately to the appropriate authority the death, resignation, proposed discipline or extended absence of any member; and take custody of all equipment issued to such member.
(c) 
Supervise the preparation and presentation of all official matters involving the Police Department in Court and provide for attendance of all necessary witnesses and members.
(d) 
Assist with and assign appropriate investigation to be instituted and written reports to be submitted to the appropriate authority of cases involving personal injury or damage to property whereby the Borough may be claimed to be responsible.
(e) 
Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(f) 
Have, exercise, and discharge the functions, powers and duties of the force.
(g) 
Prescribe the duties and assignments of all subordinates and other police personnel.
(h) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his discretion and supervision.
(i) 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such reports as may be requested by such authority or the Mayor and Council.
(2) 
One position for Captain. The Captain shall serve as the Chief's executive officer and second in command, and shall perform such duties as are directed by the Chief of Police. He shall assist the Chief of Police in formulating and implementing policy, regulations, goals and objectives of the Police Department and may supervise subordinates on an assigned shift. In the event of a prolonged absence of the Chief of Police, the Captain shall assume the command of the Department as Acting Chief of Police unless such is otherwise determined and assigned by the appropriate authority.[1]
[1]
Editor's Note: Former Subsection C, One position for Lieutenant, which immediately followed this subsection, was repealed 4-28-2010 by Ord. No. 09-2010.
(3) 
Sergeant (no more than five). The Sergeant is responsible for supervising police work, directing and assisting in the direction of, or participating in the activities of the Police Department on an assigned shift. He performs those tasks and assignments which are delegated by his superiors.
[Amended 4-28-2010 by Ord. No. 09-2010]
(4) 
Patrol Officer. The Patrol Officer is responsible for the general law enforcement work involved in the protection of life and property through the enforcement of laws and related preventative and investigative work. A Patrol Officer shall perform all duties which are assigned by his superior officers.[2]
[Amended 4-28-2010 by Ord. No. 09-2010]
[2]
Editor's Note: Former Subsection F, Special officers, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)..
B. 
Civilian personnel. The following positions are hereby established within the Police Department. The positions being established are civilian in character, and the persons being appointed to these positions do not have the authority to perform any of the duties of a police officer.
(1) 
Police Dispatcher. Police dispatchers, under direction, shall receive and relay messages to police patrol vehicles or to other concerned personnel and, in addition, may operate a teletype machine and a computer terminal for transmitting and receiving all teletype messages. The police dispatcher may be required to perform clerical work of a varied nature and may be required to search prisoners or make security checks.
(2) 
School Crossing Guard. School crossing guards shall be appointed for a term not exceeding one year by the Mayor and Borough Council. To be appointed to the position of school crossing guard, an individual must meet the requirements of N.J.S.A. 40A:9-154.2. A school crossing guard shall be responsible for the control and direction of the vehicular and pedestrian traffic during those time periods of a school day or for any special event or program when assigned in the interest of public safety.
(3) 
Records Clerk. A records Clerk may be appointed by the Chief of Police on either a full- or part-time basis as authorized by the governing body. The records Clerk handles, processes, maintains and distributes department records and reports as required.
[Added 5-8-2002 by Ord. No. 3-2002]
Nothing contained within this chapter shall:
A. 
Prevent the appointment by the Borough Council, or committees or commissions under its supervision, to conduct investigations of the operation of the police force and to delegate to such committees or commissions such powers of inquiry as the Borough Council deems necessary.
B. 
Prevent the Borough Council from conducting a hearing or investigation authorized by law.
C. 
Prevent the Mayor, Borough Council, Borough Administrator, or Police Committee from examining, at any time, the operations of the police force or the performance of any officer or member.
D. 
Infringe on or limit the power of the Mayor, Borough Administrator, Borough Council or Police Committee to act to provide for the health, safety or welfare of the municipality in any emergency situation through special emergency directives.
E. 
Infringe on or limit the authority of the Mayor and Council to increase, change, or reduce the number and rank structure of the Police Department due to budgetary or efficiency reasons or for any other reason within its authority.
[Added 5-8-2002 by Ord. No. 6-2002]
A. 
Approval of assignment. Any and all extra or special duty assignments by police officers shall be determined and approved by the Chief of Police or his designee. No police officer shall perform special duty assignments for private or non-law enforcement entities for compensation other than through the procedure and authority in this chapter. The Chief or designee shall obtain such information as he determines necessary and is authorized to approve such special duty police assignments. The Chief or designee may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as in his sole discretion and determination are in the best interest of the Borough and/or police officers or public safety. The Chief or designee shall be guided by the nature of the assignment and may refuse to approve those with conflict of interest and/or significant risk of injury. The Chief or designee may assign a police vehicle or appropriate equipment for use in performing special duty if it is determined that the use is necessary to perform the contracted duty. This chapter does not apply to assignments or work performed for or at the direction of any Special Task Force or similar assignments by the Monmouth County Prosecutor or other law enforcement agencies, except that payments to the officers performing such assignments may be made by such law enforcement agencies through the Borough Special Duty Police Fund subject to the approval of the Municipal Finance Officer.
B. 
Status of assignment.
(1) 
The work to be performed shall be considered "special assignments for independent contractors" and will not be considered a direct assignment. The taking of any and all special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the Chief or designee.
(2) 
Officers engaged in special duty assignments shall be deemed on-duty for all purposes, including but not limited to workers' compensation, public liability, and third-party claims for damages, and the officers performing such duties shall conform to police department rules, regulations and procedures, and directives of superior officers. All special duty assignments shall be contracted for in writing by the completion of a contract form, which contract shall be kept on record.
(3) 
All special duty assignments shall be within Atlantic Highlands, unless specific written approval is given by the Chief to the officer to work outside of the Borough. The Chief may contact adjoining municipal police departments to see if their officers are willing to perform such special assignments outside of Atlantic Highlands, before allowing Atlantic Highlands officers to perform assignments outside of Atlantic Highlands. This does not apply to assignments crossing municipal boundaries in which the work is partially performed in Atlantic Highlands.
(4) 
Private parties or attorneys who utilize police officers in civil cases by request or subpoena will be responsible to reimburse the Borough for the costs incurred for the officers' time while complying with the subpoena. The time incurred will be billed by the Borough to the requesting private attorney or party at the rate established for special duty assignments. Officers will continue to be compensated by the Borough as per past practice and the Collective Bargaining agreement for time responding to subpoena. This section may not apply to internal administrative or disciplinary matters in which reimbursement to the Borough may not be applicable.
C. 
Payments.
(1) 
All payments for special duty assignments shall be deposited in and made through the Special Duty Police Fund established by the Municipal Financial Officer, from which payment shall be made to the individual police officers performing such service. All payments from the Trust Fund shall be made to the police officers in a timely manner as provided by law, subject to required deductions; the administrative fee shall be retained by the Borough. Any dispute between the contractor and the police officer on assignment as to service required or payment due shall be decided by the Chief and his decision shall be final and binding.
(2) 
In the event police officers from other municipalities perform special duty assignments within the Borough due to the nonavailability of local officers for such duties, it shall be the responsibility of those officers from other municipalities to arrange payment for services direct from the utilizing party or through their police department.
(3) 
All requests by private and/or non-law enforcement parties for special duty services shall be made in writing at least two business days before the services are to commence, except that in the event of exigent circumstances, this notice may be waived by the Chief or designee. The Chief or the Municipal Finance Officer may request or require the requesting party to deposit with the Borough, or have on deposit, in the Special Duty Police Fund, sufficient funds to pay for the services requested, including all administrative charges. The amount required to be deposited shall be subject to the determination and approval of the Chief or his designee in their discretion. Parties that utilize special duty services on a regular basis may be required to maintain a minimum balance of the average weekly expenditure in the Fund. The Chief or designee shall have the authority to determine the appropriate minimum balance for a particular party utilizing services to ensure adequate funds are available to timely pay the officers and administrative fees for services provided. Otherwise, payment for services rendered is due immediately upon the Borough's submission for an invoice.
(4) 
Services may be denied to any party in the discretion of the Chief or his designee due to uncertainty as to funds to cover the services or due to delinquency in payment for past services rendered. Delinquent parties shall be liable for interest at 18% on any funds noticed to the party as being delinquent together with any damages or attorney fees or costs incurred by the Borough by reason of their delinquency.
(5) 
Any assignment canceled by a private party on less than four hours notice shall be charged against the party for the minimum hours for the assignment.
(6) 
The hourly rate payable to the police officers shall be as provided in Chapter 168, Fees, Article II. In addition to the hourly rates paid to the officers, such hourly amount as is provided in Chapter 168, Fees, Article II, shall be added and paid to the Borough as a surcharge to reimburse the Borough for administrative costs incurred in support of special duty assignments for police officers. The Chief or designee may waive the minimum hours on a particular assignment, after consultation with the officers involved in the assignment, should be determine this is in the interest of the Borough. In continuing assignments, the Chief may waive the hourly minimum on a continuing basis, after consultation with PBA. The Chief may waive the administrative fee for assignments for municipalities or governmental agencies when appropriate in his discretion for regional events or mutual aid type situations.
[Amended 1-26-2005 by Ord. No. 02-2005][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Emergencies.
(1) 
The Chief or designee has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergent situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief or designee. The contractor shall not be responsible for any compensation for the time the police officer is away from the special duty assignment, and shall have no claim for any costs or damages against the Borough, the Chief, or any police officer arising from the termination of any special duty assignment other than the prorated return of any fee prepaid to the Borough for the time.
(2) 
The Borough shall be responsible to provide necessary insurance coverage required by law, including but not limited to workers' compensation, public liability, and claims for damages for personal injury including death or damage to property which may arise as a result from the municipality's performance under the contract.