[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City 8-27-1998 by Ord. No. 9815;[1] amended in its entirety 11-21-2013 by Ord. No. 2013-18. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 38, Police Department, which consisted of the following: Art.
I, Composition and Duties, adopted 3-19-1913 by Ord. No. 4-1913, as
amended; Art. II, Manual of Rules and Regulations, adopted 3-2-1981
by Ord. No. 8107; and Art. III, Duties and Authority, adopted 12-23-1993
by Ord. No. 9327.
There is hereby created in and for the City of Ventnor City
a Police Department whose rank structure shall consist of Chief of
Police, Captain, Lieutenant, Sergeant and patrol officer, to be appointed
to these positions by the governing body of Ventnor City. The decision
whether or not to fill the mentioned positions and the compensation
for same is within the complete and unfettered discretion of the governing
body.
The Police Department shall:
A.
Preserve the public peace;
B.
Protect life and property;
C.
Detect, arrest and prosecute offenders of the laws of New Jersey
and the ordinances of Ventnor City;
D.
Direct and control traffic;
E.
Provide attendance and protection during emergencies;
F.
Make appearances in court;
G.
Cooperate with all other law enforcement agencies; and
H.
Provide training for the efficiency of its members and officers.
In accordance with N.J.S.A. 40A:14-118, the Commissioner of
Public Safety is hereby designated as the appropriate authority and
is hereby vested with the powers and duties of an appropriate authority
as delegated by law. The appropriate authority is responsible for
the overall performance of the Police Department. The appropriate
authority shall adopt and promulgate rules and regulations for the
government of the Police Department and for the discipline of its
members.
The Commissioner of Public Safety shall appoint a Chief of Police
with the consent and approval of the governing body. The Chief shall
be directly responsible to the appropriate authority for the efficiency
and routine day-to-day operations of the Police Department. The Chief
of Police shall, pursuant to policies established by the governing
body and consistent with City ordinances:
A.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
B.
Have, exercise and discharge the functions, powers and duties of
the Police Department.
C.
Prescribe the duties and assignments of all subordinates and other
personnel.
D.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision.
E.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by the governing body on the operation of the
force during the preceding month, and make such other reports as may
be requested by the governing body.
F.
Perform other duties as determined by the Commissioner of Public
Safety or his/her designee.
G.
Power to appoint temporary replacement. The Chief of Police may act
on his/her own initiative to temporarily place in command any other
officer in order to perform the functions of the Chief of Police if
he/she is unable, by reason or by disability, to perform the functions
of his/her office.
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey statutes. The selection
criteria for a police officer shall be in accordance with Department
policy, the rules and regulations of the State of New Jersey Civil
Service Commission and as otherwise prescribed by the statutes of
the State of New Jersey and City ordinances. The Chief of Police shall
also require that an applicant for appointment to the Police Department
shall successfully complete a criminal background check and a physical,
mental and psychological examination.
The City of Ventnor City may appoint from time to time special
law enforcement officers pursuant to and in compliance with the Special
Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
A.
Duties.
(1)
In addition to the duties set forth under N.J.S.A. 40A:14-146.11a,
Class One officers shall be empowered to issue summonses for disorderly
persons' and petty disorderly persons' offenses, violations of the
municipal ordinances and violations of Title 39 of the Revised Statutes.
(2)
In addition to the duties set forth under N.J.S.A. 40A:14-146.11a,
Class Two officers shall be authorized to exercise full powers and
duties similar to those of a permanent, regularly appointed, full-time
police officer.
B.
Supplemental.
(1)
Special law enforcement officers shall not be continued as regular
members of the Police Department and shall not be entitled to tenure.
(2)
Special law enforcement officers shall not be utilized to supplant
regular police officers on City-assigned extra-duty assignments.
(3)
Special law enforcement officers are subject to the Personnel Policies
of the City of Ventnor City.
(4)
Special law enforcement officers are subject to the Ventnor City
Police Department's Written Directive System, where applicable.
Discipline of employees will be imposed consistent with New
Jersey State Statutes, the New Jersey Administrative Code, and the
rules and regulations of the State of New Jersey Civil Service Commission.
The written charges will be signed by the Chief of Police or his/her
designee as provided in the New Jersey statutes and the Police Department's
Rules and Regulations. Employees may also be subject to discipline
for violating other statutes, ordinances, and policies.
The appropriate authority shall, from time to time as may be
necessary, adopt and amend the rules and regulations for the government
and discipline of the Police Department and employees thereof. Said
rules and regulations may fix and provide for the enforcement of such
rules and regulations and the enforcement of penalties for the violation
of such rules and regulations, and all employees of the Police Department
shall be subject to such rules and regulations and penalties. A copy
of the rules and regulations shall be distributed electronically to
all Police Department employees and is available to all persons desiring
to use and examine the same.
A.
EXTRA-DUTY EMPLOYMENT
Definition. As used in this section, the following terms shall have
the meanings indicated:
Employment by an outside business or individual, which is
approved by the Chief of Police or his/her designee, and officers
are scheduled by the Department, where the use of law enforcement
powers may be anticipated. This term is synonymous with "private detail."
B.
Purpose.
(1)
The Ventnor City Police Department is authorized to allow the extra-duty
employment of City police while off-duty; the City hereby establishes
a policy regarding the use of said officers.
(2)
Members of the Ventnor City Police Department, with the permission
of the Chief of Police or his/her designee, shall be permitted to
accept extra-duty employment assignments only during off-duty hours
and at such time as will not interfere with the efficient performance
of regularly scheduled or emergency duty for the City.
(3)
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police or his/her designee, which
approval shall be granted if, in the opinion of the Chief, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Police Department and would not unreasonably endanger
or threaten the safety of the officer or officers who are to perform
the work.
(4)
Upon the Chief of Police's review of a special events permit or any
other instance where the Chief of Police deems it necessary for the
employment of extra-duty police officers for the general welfare and
safety of the public, the Chief of Police or his or her designee may
require extra-duty officers be assigned to an event, activity or assignment
at the individual or entity's sole expense.
C.
Application and fees for extra-duty employment for police officers. If police security is required or determined to be necessary by the Chief of Police of Ventnor for any extra-duty employment, then, in that event, the applicant shall be required to make application to the Chief of Police and shall be required to pay for said police and security. Such fee shall be based on the hourly rate as set forth in the current collective bargaining agreement plus an administrative fee in the amount set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Escrow accounts.
(1)
Any person or entity requesting the services of an off-duty law enforcement
officer in the Ventnor City Police Department shall estimate the number
of hours such law enforcement services are required, which estimate
shall be approved in writing by the Chief of Police, and shall establish
an escrow account with the Chief Financial Officer of the City by
depositing an amount sufficient to cover the rates of compensation
and administrative fees for the total estimated hours of service.
The City acknowledges that an emergent situation may arise that may
require the immediate use of extra-duty employment without adequate
time for an escrow account to be opened. In such instances, the Chief
of Police and/or his/her designee shall have the authority to waive
this provision.
(2)
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his or her designee shall verify
that the balance in the escrow account of the person or entity requesting
services is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. The Chief of
Police shall not post a request for services from any person or entity
unless all fees and compensation required in the manner described
above have been deposited with the City Chief Financial Officer. No
officer shall provide any such services for more hours than are specified
in the request for services.
(3)
In the event the projected hours for the event or project exceed
the amount that has been paid into the escrow account, the Chief of
Police, at his discretion, may cease the services of the off-duty
law enforcement officers, and requests for further services may not
be performed or posted until additional funds have been deposited
in the escrow account in the manner prescribed above, or the Chief
may allow the post to continue with an agreement that the individual
or entity shall pay the additional expenses within 10 days of the
posting.
(4)
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
E.
Requests for services.
(1)
Any law enforcement officer, when so employed by the City, shall
be treated as an employee of the City; provided, however, that wages
earned for extra-duty employment shall not be applied toward the pension
benefits of law enforcement officers so employed.[1]
[1]
Editor's Note: Former § 38-10, Deputy Chief, which
immediately followed, was repealed 8-27-2020 by Ord. No. 2020-18.
