City of Perth Amboy, NJ Article I Establishment of Department

[Adopted 10-17-1928 by Ord. No. C-74]

Editor's Note: Original Sections 3, 4 and 9 deleted 12-21-1976 by Ord. No. 121-76.

§ 95-1 Establishment.

A Police Department is hereby established in the City of Perth Amboy under the name of "Police Department of the City of Perth Amboy."

§ 95-1.1 Rules and regulations of the Police Department.

[Added 7-8-2015 by Ord. No. 1773-2015]

Rules and regulations of the Police Department of the City of Perth Amboy are hereby adopted as set forth in Appendix of Ordinance No. 1773-2015. The rules and regulations may be found on file in the City offices.

§ 95-2 Composition.

[Amended 2-5-1974 by Ord. No. 35-74; 9-19-1978 by Ord. No. 193-78; 11-4-1987 by Ord. No. 446-87; 8-4-1992 by Ord. No. 623-92; 9-1-1992 by Ord. No. 631-92; 3-5-1996 by Ord. No. 827-96; 7-2-1996 by Ord. No. 845-96; 10-27-1999 by Ord. No. 1009-99; 9-9-2002 by Ord. No. 1166-2002; 6-9-2004 by Ord. No. 1249-2004; amended in entirety 1-27-2016 by Ord. No. 1802-2016]

A. The Mayor in this City's form of government is responsible to supervise, direct and control all departments of the municipal government, including the Police Department of the City of Perth Amboy, and may delegate any such powers and responsibilities to the Chief of Police, as deemed necessary. N.J.S.A. 40:69A-40.

[Amended 1-27-2016 by Ord. No. 1802-2016]

B. The Mayor is designated as the appropriate authority pursuant to N.J.S.A. 40A:14-118. The appropriate authority shall promulgate rules and regulations for the government of the Police Department and for the discipline of members of the Police Department.

[Amended 1-27-2016 by Ord. No. 1802-2016]

C. A Chief of Police shall be appointed by the appointing authority. N.J.S.A. 40A:14-118.

[Amended 1-27-2016 by Ord. No. 1802-2016]

D. The Police Department of the City of Perth Amboy shall consist of one (1) Chief; one (1) Deputy Chief; three (3) Captains; ten (10) Lieutenants; seventeen (17) Sergeants, which, together with the police officers, shall not exceed one hundred forty-five (145) full-time police officers.

[Amended 1-27-2016 by Ord. No. 1802-2016; 6-8-2022 by Ord. No. 2033-2022]

E. In case of a vacancy or in the absence of a Chief of Police, the Deputy Chief of Police shall assume all duties reserved to the Chief of Police.

[Amended 1-27-2016 by Ord. No. 1802-2016]

F. The total number of sergeants and total number of police officers, as set forth in this chapter, shall be inclusive of the individuals appointed to the titles of Police Officer Bilingual, Spanish and English, and Police Sergeant Bilingual, Spanish and English, which titles are hereby authorized.

[Amended 1-27-2016 by Ord. No. 1802-2016]

§ 95-3 Authority of Director of Police and Chief of Police.

[Amended 2-15-1974 by Ord. No. 35-74; 9-19-1978 by Ord. No. 1009-1999; 6-9-2004 by Ord. No. 1249-2004; 1-27-2016 by Ord. No. 1802-2016]

The Director of Police shall establish policy and is responsible for the fiscal affairs of the Police Department. The Director of Police may delegate such authority to the Chief of Police. The police chief shall be directly responsible for the efficiency and routine day-to-day operations pursuant to departmental policies established including, but not limited to, the responsibility to:

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

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

C. Prescribe the duties and assignments of all subordinates and other personnel including the power and authority to assign and transfer any of the foregoing members of the police department to the detective bureau or such other departments or divisions of the police department as he/she, in his/her discretion, shall deem necessary or appropriate;

D. Delegate such of his/her authority as he/she may deem necessary for the efficient operation of the force to be exercised under his/her discretion and supervision; and

E. Report at least monthly to the appropriate authority in such form as shall be prescribed by the appropriate authority on the operation of the force during the preceding month and make such other reports as may be requested by such appropriate authority.

§ 95-4 Oath of office.

[Amended 1-27-2016 by Ord. No. 1802-2016; 8-10-2016 by Ord. No. 1818-2016]

Before entering upon the duties of his office and within ten (10) days after his appointment, each member of the department shall take and subscribe to the following oath:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey; and that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the Authority of the people. (So help me God);

I further do solemnly swear (or affirm) that I will faithfully, impartially and justly perform all the duties of the office of ________________ according to the best of my ability and obey all lawful orders issued by competent authority. So help me God."

§ 95-5 Continuance in office.

The members of the Police Department shall severally hold their respective offices during their good behavior and efficiency, and no person shall be removed or penalized for any cause other than incapacity, misconduct, performance of an act of omission or commission unbecoming a police officer or disobedience of the rules and regulations of the Police Department now in effect or at any time hereafter promulgated by the Director.

§ 95-6 Employment of off-duty police officers.

[Amended 10-6-1992 by Ord. No. 639-92]

A. Authority.

(1) The Attorney General of the State of New Jersey has determined that:

(a) Members of a municipal police department may, during their off-duty hours, engage in police-related activities for private persons or entities. Pursuant to the laws of the State of New Jersey, a municipality may agree to implement a system whereby the off-duty assignments of police officers is arranged through a contract directly with the municipality and the private person or entity.

(b) The contracting between the municipality and private person or entity must include a plan whereby the compensation for off-duty police-related services is channeled through the office of the Treasurer and that said compensation is placed in a special trust fund to be established by the municipality and that the proceeds of said fund will be disbursed through the office of the Treasurer to the individual police officers performing such services.

(2) It is in the best interest of the City of Perth Amboy to establish a procedure for the assignment of off-duty police work which will allow for the greater protection of the citizens of the city.

B. Assignments; incorporation of rules and regulations.

(1) Assignments.

(a) The Director of Police shall be responsible for the assignment of all off duty police-related activities and the billing of all compensation due the city. The Director of Police shall be authorized to designate other members of the Police Department as needed to assist in the assignment of off duty police-related activities.

(b) The procedure for assignment of off-duty police-related activities shall be as follows:

[1] The Director of Police, or a designee, shall create and maintain a list whereby police officers may volunteer for off duty police-related activities.

[2] The Director of Police, or a designee, shall assign all off duty police-related activities from the aforementioned list of officers desiring said assignments, said assignments to be made on a rotating basis as the assignment becomes available.

(2) All rules and regulations, general orders and standing orders of the Perth Amboy Police Department are hereby incorporated by reference. Any amendments, revisions or modifications thereto shall automatically be a part hereof.

C. Contracts with private entities. Any private person or entity desiring to retain the services of police officers of the City of Perth Amboy for off-duty police-related activities shall be required to enter into a contract with the City of Perth Amboy. Said contract 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 for services to the officers and administrative fees to the City of Perth Amboy. The contract may also provide for deposits in advance by the contractor for services to be performed. The proper city officials are hereby empowered to execute a contract for off-duty police-related activities in accordance with this section. In the event that the contract with said private person or entity provides for the deposit of moneys in advance by the contractor for services to be performed, should the actual assignment of off-duty officers amount to greater or less than the amount deposited, the Director of Police, or a designee, shall, upon receipt of the certified time slips, either cause all unused funds to be returned to the contractor or submit a bill to the contractor for any additional time expended. In the event that the assignment shall last longer than anticipated, the off-duty police officer shall not be compensated for said time until the city has received the funds from the contractor. Nothing in this section shall be construed as limiting the power of the Director of Police, or a designee, to accept or reject any and all assignments with any private person or entity.

D. Payment for off-duty assignments.

[Amended 11-16-1992 by Ord. No. 648-92]

(1) All private persons or entities shall be required to make all payments for off duty assignments payable to the City of Perth Amboy to the Treasurer of the City of Perth Amboy. The Treasurer shall deposit the moneys collected from said private persons or entities, earmarked for payment of the off-duty officers, into a special trust fund to be established to receive such moneys. All members of the Police Department shall be paid for services performed on the regular pay date, after the receipt of funds from the contracting party and upon the submission of a pay slip approved by the Director of Police, or a designee, and properly authorized by the private entity or person.

(2) All off-duty police services provided to charitable, religious and not-for-profit organizations shall be paid at an hourly rate of $50 per hour or the current rate set forth in the collective negotiations agreement between the City of Perth Amboy and Perth Amboy PBA Local 13, whichever is greater.

[Amended 8-12-2009 by Ord. No. 1474-2009; 1-25-2021 by Ord. No. 1969-2021]

(3) All off-duty police services provided to governmental or quasi-governmental entities shall be paid at an hourly rate of $50 per hour or the current rate set forth in the collective negotiations agreement between the City of Perth Amboy and Perth Amboy PBA Local 13, whichever is greater.

[Amended 8-12-2009 by Ord. No. 1474-2009; 1-25-2021 by Ord. No. 1969-2021]

(4) Off-duty security services provided to individuals or entities other than those designated in Subsection D(2) and (3) above shall be paid at an hourly rate of $70 or the current rate set forth in the collective negotiations agreement between the City of Perth Amboy and Perth Amboy PBA Local 13, whichever is greater.

[Amended 3-25-1998 by Ord. No. 938-98; 8-12-2009 by Ord. No. 1474-2009; 9-14-2011 by Ord. No. 1580-2011; 5-8-2013 by Ord. No. 1677-2013; 1-25-2021 by Ord. No. 1969-2021]

(5) Off-duty police traffic control services for construction details provided to individuals or entities other than those indicated above shall be paid at an hourly rate of $80, or the current rate set forth in the collective negotiations agreement between the City of Perth Amboy and Perth Amboy PBA Local 13, whichever is greater.

[Amended 3-25-1998 by Ord. No. 938-98; 8-12-2009 by Ord. No. 1474-2009; 9-14-2011 by Ord. No. 1580-2011; 8-14-2013 by Ord. No. 1693-2013; 8-2-2018 by Ord. No. 1890-2018; 1-25-2021 by Ord. No. 1969-2021]

E. Administrative costs.

(1) In addition to the aforementioned fees to be collected by the City of Perth Amboy from said private person or entity for the payment of said off-duty police officers, the City of Perth Amboy shall collect an administrative fee of $4 per hour, per person assigned to said private entity. Said fee shall be used to offset the administrative costs associated with the assignment of city police officers.

[Amended 9-14-2011 by Ord. No. 1580-2011]

(2) In addition to the aforementioned administrative fee, said private person or entity shall pay the City of Perth Amboy for the use or rental of any city equipment based upon the following pay scale.

[Amended 8-12-2009 by Ord. No. 1474-2009; 9-14-2011 by Ord. No. 1580-2011]

(a) Marked or unmarked police vehicle: $100 for the first four (4) hours or portion thereof and $12 per hour thereafter during any twenty-four (24) hour period.

(b) Barricade usage: $5/barricade for each twenty-four (24) hour period.

(c) Flare usage: $2/flare used.

(d) Return check charge: $50/returned check.

(3) Notwithstanding anything to the contrary, the City of Perth Amboy shall not be required to allow its equipment to be used on any off-duty assignment.

F. Workers' Compensation Fund and insurance.

(1) Workers' Compensation Fund. In addition to the aforementioned hourly rates and administrative fees, individuals and entities wishing to employ off-duty police officers pursuant to § 95-6D(4) and (5) shall be required to pay the City of Perth Amboy a separate fee of $3 per hour. This additional fee shall be used for the purpose of contribution to the city's Workers' Compensation Fund.

[Amended 11-16-1992 by Ord. No. 648-92]

(2) Insurance. Each private person or entity who shall employ off duty police officers pursuant to this section shall be responsible for maintaining their own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile, if applicable. Proof of said insurance coverage shall be provided to the City of Perth Amboy prior to the assignment of any off-duty police officers to said private person or entity. The private person or entity shall provide the aforementioned for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.

G. Emergencies. The Director of Police, or a designee, shall have the authority to order any police officer engaged in off-duty assignments within the City of Perth Amboy to respond to an emergency situation within the City of Perth Amboy. The Director of Police, or a designee, shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the City of Perth Amboy. In the event a police officer is assigned to an emergency situation, the Director of Police, or a designee, shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said private person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the City of Perth Amboy until such time as such police officer and/or equipment returns to the assignment with the off duty employer.

H. Indemnification. Any private person or entity requesting the services of off-duty police officers shall hold harmless and indemnify the City of Perth Amboy for any and all payments, expenses, costs and attorney's fees and from any and all claims and liability for all losses or damages which may arise from the off duty police officer's employment by said private person or entity.

I. The requirements and obligations set forth in this section shall not be binding upon any private person or entity, to the extent that such requirements and obligations are inconsistent with a lawful contract or agreement existing at the time of adoption of this section.

§ 95-7 Hours of employment.

[Amended 12-20-1950 by Ord. No. C-433; 1-27-2016 by Ord. No. 1802-2016]

The hours of employment of members of the Police Department of the City of Perth Amboy shall not be scheduled to exceed 40 hours in any one week; provided, however, that in case of an emergency the Chief of Police or any other official having charge or control of the Police Department or police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.

§ 95-8 (Reserved)

[Deleted 1-27-2016 by Ord. No. 1802-2016]

§ 95-9 Appointment and classification of members.

[Added 5-17-1977 by Ord. No. 153-77[1]]

A. The governing body of the City of Perth Amboy hereby adopts the classification of all duly qualified applicants for appointment as a member of the Police or paid Fire Departments as set forth in Paragraphs la and 2a of the aforesaid statute[2] or under N.J.S.A. 11A:4-1.3.

[Amended 9-8-2021 by Ord. No. 1991-2021]

[2] Editor's Note: See N.J.S.A. 40A:14-10.1a and 40A:14-123.1a.

B. All qualified applicants are hereby classified as follows:

(1) Residents of the municipality.

(2) Other residents in the County of Middlesex.

(3) Other residents of the state.

(4) All other qualified applicants.

C. The appointing authority in the selection of personnel to the Police and Fire Departments shall first appoint all those qualified applicants set forth in Subsection B(1).

D. Within each classification, duly qualified applicants who are veterans shall be accorded all such veteran preferences as are provided by law.

E. Promotions to positions in the Police and Fire Departments shall be based upon merit as determined by suitable promotion tests for such positions; provided, however, that preference shall be given to a local resident as set forth in Subsection B(1).

[1] Editor's Note: This ordinance amended both Ch. 95, Police Department, and Ch. 44, Fire Department. See § 44-18.1.

§ 95-9.1 Special Police Officer Class One.

[Added 10-27-1999 by Ord. No. 1009-99; amended 1-23-2013 by Ord. No. 1659-2013]

A. Special Police Officer Class One created. The City of Perth Amboy, pursuant to the Special Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.8 et seq., shall create a class of Special Police Officers Class One who shall be selected by the appointing authority to perform routine traffic detail, spectator control and similar duties. Such officers shall have the authority to issue summonses for disorderly persons offenses, petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39. The use of a firearm by an officer of this class shall be strictly prohibited, and no officer of this class shall be assigned any duties that may require the carrying of or the use of a firearm.

[Amended 7-14-2021 by Ord. No. 1981-2021]

B. Compensation. Each Special Police Officer Class One position shall be appointed for a one (1) year renewable term of employment at an hourly rate to be designated by the appropriate authority.

C. Qualifications. Each person recommended for a Special Police Officer Class One position shall be from the current Auxiliary Police Force; if no candidates exist within the Auxiliary Police Force, other candidates may be considered and must possess the following qualifications:

[Amended 7-14-2021 by Ord. No. 1981-2021]

(1) Eighteen years of age or older;

(2) Resident of the City of Perth Amboy, New Jersey; if no qualified candidates exists within the City of Perth Amboy, New Jersey, residents outside the City may be considered;

(3) Is able to read, write, and speak the English language well and intelligently and has a high school diploma or its equivalent;

(4) Is sound in body and of good health;

(5) Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of his or her office;

(6) Pass a medical and psychological test;

(7) Possess good moral character;

(8) Three years of continued active service with the Perth Amboy Auxiliary Police in good standing preferred; and

(9) Meet all certification requirements for Special Police Officers Class One as deemed necessary by the New Jersey State Attorney General's Office Police Training Commission.

§ 95-9.2 Special Police Officer Class Two.

[Added 1-23-2013 by Ord. No. 1659-2013; amended 1-27-2016 by Ord. No. 1802-2016]

A. Special Police Officer Class Two created. The City of Perth Amboy, pursuant to the Special Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.8 et seq. and N.J.S.A. 40A:14-146.11, shall create a class of Special Police Officers Class Two who shall be selected by the appointing authority to perform routine security, bank escorts, and exercise powers and duties commensurate with those of a permanent, regularly appointed police officer. The use of a firearm by such an officer may only be authorized upon successful completion of training and instruction as required by law.

B. Term and compensation. Each Special Police Officer Class Two shall be appointed for a term not to exceed one (1) year at an hourly rate to be designated by the governing body.

C. Qualifications. Each person recommended for a Special Police Officer Class Two position must possess the following qualifications:

(1) All qualifications of a Special Police Officer Class One, as set forth in N.J.S.A. 40A:14-146.10 and Section 95-9.1 of this chapter; (excluding 95-9.1C8).

(2) Resident of the City of Perth Amboy, New Jersey; (if no qualified candidates exist within the City of Perth Amboy, residents outside the City may be considered).

(3) Shall be retired from the Perth Amboy Police Department in good standing, unless no qualified retirees are available; and

(4) Meet all certification requirements for Special Officers Class Two as deemed necessary by the New Jersey State Attorney General's Office Police Training Commission.

D. Hours of employment. Except as provided by N.J.S.A. 40A:14-146.16, no special law enforcement officer may be employed for more than twenty (20) hours per week by the City.

E. Maximum number of Special Police Officers Class Two. There shall be a limit of twelve (12) officers in this class.

F. Limitation on carrying firearms. No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and under such conditions as are set forth in N.J.S.A. 40A:14-146.14.

G. Duties, supervision and conduct. The duties, supervision and conduct of special law enforcement officers shall be governed by N.J.S.A. 40A:14-146.11 et seq. and N.J.S.A. 40A:14-146.14.

§ 95-9.3 Police Chaplain Corps.

[Added 3-13-2013 by Ord. No. 1666-2013]

Pursuant to N.J.S.A. 40A:14-141, the Mayor, upon recommendation of the Chief of Police, may appoint one (1) or more chaplains to serve in the Police Department's Chaplain Corps which is hereby established. The appointment of any chaplain shall be on an annual basis with all appointments expiring as of December 31 of each year. It shall be the function of the Chaplain Corps to provide spiritual guidance and pastoral care to members of the Police Department and the citizens of the community in time of need. Any person appointed as chaplain shall:

A. Be an ordained clergy member in good standing in the religious body from which he or she is selected and satisfactorily complete the required application, educational and background check, and interview process;

B. Serve on a voluntary basis, without salary, within the Chaplain Corps unit of the Police Department;

C. Report to the Chief of Police; and

D. Perform other special assignments, consistent with his/her training in spiritual guidance that may be requested by the Mayor or Chief of Police.