[Adopted by MC 2018-22, September 11, 2018]
(a)
As required by the Charter, there shall be established a Department
of Public Affairs and Safety, the head of which shall be the Police
Director who shall be appointed by the Mayor with the advice and consent
of the Council and shall serve during the term of office of the Mayor
appointing him/her and until the appointment and qualification of
his/her successor. The Police Director shall be qualified by training
and experience for the position, which training and experience shall
require a minimum of five (5) years experience in a responsible capacity
in public administration.
(b)
Notwithstanding any contrary provision(s) of the Plainfield Municipal
Code, the Mayor shall have the authority to appoint the Police director
on an acting basis for a period not to exceed one (1) year.
(c)
Within the Department of Public Affairs and Safety there may be an
Administrative Assistant designated as Secretary to the Director,
who shall be appointed by the Director with the approval of the Administrator.
The Administrative Assistant shall serve during the term of office
of the Director appointing him/her, subject to removal as provided
in the case of a Department Director appointed by the Mayor.
The Department of Public Affairs and Safety shall consist of
such officers, patrolman/patrolwoman and civilian personnel, including
police cadets and interns, as organized according to a table of organization
described by the Police Director subject to the approval of the Director
of Public Affairs and Safety and the Mayor within the limits of the
budget established by the Council as follows:
(a)
Captains: No greater than eight (8);
(b)
Lieutenants: No greater than twenty-four (24);
(c)
Sergeants: No greater than fifty (50);
(d)
Patrolman/patrolwoman: No greater than two hundred fifty (250), including
probationary patrolman/patrolwoman.
(e)
Probationary patrolman/patrolwoman;
(f)
Such other non-sworn Police Division personnel as deemed appropriate,
all of which shall be administered as provided by the provisions of
this Code, the amendments and supplements thereto.
(a)
The Police Director, subject to the approval of the Mayor, shall
promulgate and from time to time revise and enforce the rules and
regulations which shall constitute a manual of police discipline,
practices and procedures for the better administration of the work
of the Department, and for the discipline, training and efficiency
of the Department of Public Affairs and Safety.
(b)
The Department of Public Affairs and Safety rules and regulations,
the amendments and supplements thereto, are hereby adopted by this
reference and made a part of this Code with the same force and effect
as through set forth in full herein.
The Department of Public Affairs and Safety, under the supervision
and direction of the Police Director, shall:
(a)
Preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the City;
(b)
Administer and enforce laws and ordinances to regulate, direct and
control, and restrict the movement of vehicular and pedestrian traffic
and the use of the streets by vehicles and persons generally:
(c)
Remove all nuisances in the public streets, parks and other public
places;
(d)
(Reserved)
(e)
Repair, maintain and control vehicles and equipment used by the Division,
except as the Business Administrator may otherwise direct;
(f)
(Reserved)
(g)
Establish and administer a Traffic and Parking Section within the
Uniform Bureau, which, in coordination with the Traffic Engineer in
the Engineering Division of the Department of Public Works, shall
maintain traffic accident records, perform traffic studies, carry
out safety programs including school patrols and regulate school traffic
officers and crossing guards.
Within the Division of Police there shall be established a Crime
Prevention Advisory Committee.
There is hereby established the position of Police Chaplain
in the Police Division, the number of which such positions shall not
exceed one (1), and the person so designated shall be appointed for
a period not exceeding three (3) years, by resolution of the City
Council. Any person appointed as Chaplain shall be an ordained clergy
person in good standing in the religious body for which s/he is selected.
Such Chaplain shall become a member of the Police Department, with
a rank of Captain. The Chaplain shall not be entitled to any salary
or compensation
(a)
There is hereby created the Auxiliary Police Unit.
(1)
No person duly appointed as a member of the Auxiliary Police
Unit organized under N.J.S.A. App. A:9-33 et seq. shall in any way
be deemed a member of the Police Division of the City, nor shall any
such person be entitled to any compensation for his/her services as
such member.
(2)
(Reserved)
(3)
Any such member of the Auxiliary Police Unit exercising such
privileges shall do so solely under the conditions, rights and obligations
provided by the laws relating to the local Civil Defense and Disaster
Control and Civil Emergency.
(b)
The Mayor or the Director of Public Affairs and Safety, in cases
of civil emergency or disturbances, may call into active service with
full police powers Special Police to perform during the emergency.
The members of the Auxiliary Police Unit may be designated as Special
Police of the City of Plainfield.
(c)
In accordance with N.J.S.A. 40:47-19, the Council may appoint other
Special Police for a term of one (1) year, subject to revocation without
hearing or cause. Such Special Police shall be under the supervision
and control of the Chief of Police. Such Special Police shall not
be members of the Police Division and shall exercise only those privileges
and rights as provided in N.J.S.A. 40:47-19.
(a)
Establishment. Under authority of N.J.S.A. 40A:14-156.1, there is
hereby established a mutual aid agreement with all other municipalities
in Union County, Middlesex County and Somerset County, New Jersey,
who adopt a reciprocal ordinance to provide mutual police aid in case
of emergency. This agreement shall apply whenever the City of Plainfield
may have an emergency within its boundaries requiring additional police
assistance to protect life and property or to assist in suppressing
a riot or disorder; and whenever another municipality in these counties
have enacted a reciprocal ordinance may experience a similar emergency
requiring additional police assistance.
(b)
Authorization. The Director of Public Affairs and Safety, Chief of
Police or the Commanding Officer of the Police Division is authorized
to request assistance from the Chief or other head of the Police Department
of another municipality within Union, Middlesex or Somerset County
to provide aid during and after said emergency.
(c)
Mutual aid to be provided. The Director of Public Affairs and Safety
or the Chief of Police of the City of Plainfield shall provide assistance
to another municipality or municipalities in Union, Middlesex or Somerset
County, making a valid request to supply such personnel and equipment
as required to the extent possible without endangering person or property
within the City of Plainfield. The members of the Police Division
supplying aid shall have the same powers, authority, rights and immunities
of the members of the police force of the municipality to which assistance
is rendered.
(d)
Cost of aid. The City of Plainfield shall, upon providing assistance
to another municipality who has enacted a reciprocal mutual aid ordinance,
assume the cost and expense of providing its personnel and equipment
to the requesting municipality, except in such instances when the
requesting municipality received State or Federal aid by way of reimbursement.
In such circumstances, the cost incurred by the City of Plainfield
shall be submitted to the community requesting assistance and be reimbursed
on a pro rata basis based on the number of personnel and equipment
that responded to the scene. In the event the City of Plainfield is
the requesting community, only those responding communities which
have a reciprocal agreement regarding the pro rata reimbursement shall
be reimbursed from any State or Federal aid received by the City of
Plainfield on a pro rata basis based on the number of personnel and
equipment on the scene. If the responding communities do not have
such a reciprocal agreement, the City of Plainfield shall retain the
reimbursement aid exclusively.
(e)
Compensation for injury or death. Members of the Police Division
of the City of Plainfield suffering injury, or their legal representatives,
if death results, while rendering assistance in another municipality,
shall be entitled to all such benefits they would have realized if
injury or death had occurred in the performance of normal duties in
the City of Plainfield.
(a)
The Police Director, or his/her authorized representative, is hereby
authorized to furnish off-duty police officers, on a voluntary basis
only, to serve private or quasi-public functions upon written request
received from such private or quasi-public party upon such party's
agreement to pay charges as noted below.
(b)
Such powers of the Police Director shall, at all times, be exercised
in accordance with State Statute(s), as amended from time to time,
ordinance or agreements executed and adopted by the City of Plainfield
and the Plainfield Police Officer's authorized union (PBA), the Union
County Prosecutor or the Mayor of the City of Plainfield.
(c)
Except as provided herein, any person or entity requesting the services
of an off-duty Police Officer of the City of Plainfield shall:
(1)
Submit an application at least two (2) weeks in advance of the
event, requesting law enforcement services to the Police Division.
The application shall include an estimate of the number of hours such
law enforcement services are required and the total cost including
the administrative fee for said services. The estimate shall be subject
to the approval of the Police Director/designee.
(2)
Upon approval of the application, the person or entity requesting
such services shall submit to the Office of the City Clerk an amount
sufficient to cover the rates of compensation and administrative fees
set forth herein for the total estimated hours of the service prior
to the services being rendered.
(3)
The party or entity requesting such services shall be responsible
for ensuring that sufficient funds are submitted in order to avoid
any interruption of services.
(4)
In the event the funds become depleted, services of the off
duty Police Officer shall cease and requests for further or future
services shall not be performed until additional funds have been submitted
in the manner prescribed above.
(5)
State, County, Municipal bodies and agencies and Public Schools
shall be exempt from the requirements for submitting fees.
(6)
The Mayor with concurrence of the Plainfield City Council may
waive payment of fees for assignments of less than five (5) hours
in total with employer history of reliable payment or other indications
of prompt and timely payment.
(7)
Effective upon adoption of this Ordinance (Ord. No. 2015-35)
the fee for off duty law enforcement services shall be as follows:
|
Road/Traffic Services and special events not funded by the City,
i.e., festivals, parades, etc.
|
$55.00 per hour
|
|
Public Utility, Gas, Water and Telephone
|
$75.00 per hour
|
|
All Other Services (Security on Premises)
|
$35.00 per hour
|
(8)
In addition to the rates specified above, an administrative
fee of ten percent (10%) of the hourly rate shall also be charged
for each hour of law enforcement services provided.
(9)
All such sums received shall be made payable to the City of
Plainfield with an appropriate description thereon so as to permit
the Chief Financial Officer of the City of Plainfield to identify
the payment and purpose.
(10)
At no time shall payment in the form of "cash" be exchanged
between a vendor and any Police Officer.
(d)
All such sums shall be paid through and out of the regular payroll
procedures. The time spent by any such member of the Plainfield Police
Division shall not be computed as part of his/her regular employment
hours or overtime.
(e)
The procedures set forth herein pertaining to the manner and method
of fixing and collecting charges, together with the establishment
of payroll procedures, shall be subject to rules and regulations promulgated
by the New Jersey Division of Local Government Services.
(f)
The invalidity and unenforceability of any provision of this section
shall not affect the remaining provisions of this section, all of
which shall continue in full force and effect.
|
Rate
|
Services
|
Law Enforcement Hourly Rate
|
Ten percent (10%) Admini-strative Fee
|
Total Hourly Cost for Service
|
|---|---|---|---|---|
|
Rate 1
|
Security on premises for Board of Education, local religious
organizations.
|
$35.00
|
$3.50
|
$38.50
|
|
Rate 2
|
(1) Security on premises for special events NOT funded by the
City of Plainfield. (2) Jobs financed via the City of Plainfield budget
(i.e. street construction and resurfacing).
|
$55.00
|
$5.50
|
$60.50
|
|
Rate 3
|
All other outside jobs (i.e. public utilities: electric, gas,
water and telephone.
|
$75.00
|
$7.50
|
$82.50
|
(Editor's Note: The chart is provided by the City for
inclusion with this subsection.)
(a)
The Police Director, who shall have no police powers as defined by
New Jersey Statutes, and who, subject to the approval of the Mayor
and supervision of the Business Administrator shall:
(1)
Exercise such powers as set forth in the applicable New Jersey
State Statutes which shall specifically include the powers granted
to the appropriate authority pursuant to N.J.S.A. 40A:14-118, including
but not limited to, the promulgation and adoption of rules and regulations
for the governance of the efficient day-to-day operations of the Police
Division and the discipline of its members;
(2)
Determine the policy and direction of the Department of Public
Affairs and Safety;
(3)
Organize the Public Affairs and Safety subject/pursuant to the
Table of Organization as set forth at Section 2:7-8 as amended herein;
(4)
Provide recommendations to the Mayor and City Council for the
establishment of ordinances to assist in the governance and management
of the Public Affairs and Safety;
(5)
Provide an annual report to the Mayor and City Council concerning
the state of the Police Division and criminal activity within the
City.
(6)
Report to the Mayor and Business Administrator as directed;
(7)
Issue special emergency directives as necessary to protect the
health, safety and welfare of the City in an emergency;
(8)
Receive from the Department of Public Affairs and Safety daily
reports or other periodic reports as designated by the Police Director
including, but not limited to:
(9)
Examine the operations of the Department of Public Affairs and
Safety and the performance of any officer or member thereof;
(10)
Adopt and promulgate standard operating procedures for the efficient
operation of the Police Division;
(11)
Prescribe the duties and assignments of all subordinates and
other police personnel.
(a)
The Deputy Police Directors shall serve under the direction and supervision
of the Police Director.
(b)
The duties of the Deputy Police Directors shall include, but not
be limited to, the following:
(1)
In the absence of the Director, serves in his/her capacity;
(2)
Assist the Police Director in preparing the department budget;
(3)
Evaluate the effectiveness of programs and procedures of all
units within the department for review by the Police Director;
(4)
Undertake special studies pertaining to public safety functions;
(5)
Establish and maintain relations with civic and business organizations,
schools, and other groups and police agencies in other jurisdictions;
(6)
Direct the establishment and maintenance of records and files;
and
(7)
Identify and prepare grant proposals for review and approval
by the Police Director;
(8)
Perform all other functions and duties as may be assigned by
the Police Director.
Within the Division of Police, there shall be a Bureau of Parking.
Under the direction and supervision of the division head, and in coordination
with the Division of Planning, the Bureau shall supervise, regulate
and operate publicly owned lands being utilized for public parking
facilities as provided for pursuant to N.J.S.A. 40:60-25.1 et seq.
