[Ord. No. 2011-10 § 2]
There is created in and for the Borough of Elmer a Police Department
which shall consist of a Chief of Police and such members and officers
as shall be deemed necessary by the Borough Council which shall, from
time to time, determine the number of persons, including temporary
officers and members in an emergency, to be appointed to these positions
together with their compensation.
[Ord. No. 2011-10 § 3]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Public Safety Committee for
its efficiency and day-to-day pursuant to policies established by
the Public Safety Committee and approved by duly-adopted resolution
of Borough Council. The Police Chief shall:
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 members and officers;
b.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
c.
Prescribe the duties and assignments of all members and officers;
d.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Public
Safety Committee's direction;
e.
Report at least monthly to the Public Safety Committee in such form
as shall be prescribed on the preceding month and make such other
reports as may be requested by the Public Safety Committee.
[Ord. No. 2011-10 § 4]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statues. The Borough Council
may also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination
and drug test.
[Ord. No. 2011-10 § 5]
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey statutes
and the Police Department's rules and regulations.
[Ord. No. 2011-10 § 6]
No member or officer of the Police Department shall be considered
a tenured employee of the Borough of Elmer unless required by state
law or other portions of the ordinance, if any.
[Ord. No. 2011-10 § 7]
The Police Department, and its duly authorized representatives,
shall:
a.
Protect life and property;
b.
Preserve the peace;
c.
Prevent crime;
d.
Detect and arrest violators of the law;
e.
Enforce all federal, state and local laws and ordinances coming within
department jurisdiction;
f.
Safely and expeditiously regulate traffic;
g.
Aid citizens in matters within police jurisdiction;
h.
Take appropriate police action in aiding fellow officers as needed;
i.
Provide miscellaneous services.
[Ord. No. 2011-10 § 8]
The Mayor, with the approval of Borough Council, may appoint,
from time to time, special law enforcement officers, traffic control
officers, and crossing guards in accordance with New Jersey Statues
for terms not exceeding one year. They shall possess and exercise
all the powers and duties provided by the New Jersey statutes during
their term in office, but shall not be continued as regular members
of the Police Department and shall not be entitled to tenure. The
Officer In Charge may authorize special law enforcement officers when
on duty to exercise the same powers and authority as regular members
of the Police Department including the carrying of firearms and the
power of arrest.
[Ord. No. 2011-10 § 9]
A Public Safety Committee shall be designated as the appropriate
authority as provided in the New Jersey statutes, and it shall be
responsible for the overall performance of the Police Department.
It shall adopt and promulgate rules and regulations for the government
of the Police Department and for the discipline of its members.
[Ord. No. 2014-6]
The position of Police Lieutenant is hereby created. Appointment
to the position of Police Lieutenant shall be made by the Mayor with
the advice and consent of Borough Council.
[Added 2-12-2020 by Ord.
No. 2020-3]
a.
Purpose.
1.
The purpose of this section is to set forth guidelines to govern
the employment of Borough of Elmer police officers for "extra-duty"
(off-duty) details within the Borough of Elmer or within other local
municipalities and which extend beyond their regular assigned duties
and responsibilities.
2.
Members of the Borough of Elmer Police Department shall be permitted
to accept police-related employment from contractors or other public
agencies 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 Borough as determined by the Borough of Elmer Chief of
Police. Acceptances of such assignments by the police officers are
strictly voluntary, and the acceptance or declination of such assignments
is not a condition of employment.
b.
EMPLOYER
EXTRA DUTY
PLAINCLOTHES SURVEILLANCE OFFICER
POLICE OFFICER
SECURITY GUARD
TRAFFIC CONTROL OFFICER
WHILE IN THE EMPLOY OF THE EMPLOYER
WORKER'S COMPENSATION INSURANCE
Definitions. For the purpose of this section, the following words
and phrases, unless otherwise indicated, shall be deemed to have the
following meanings:
Any individual, partnership, corporation, business entity,
contractor or other organization, located either within or outside
of the Borough of Elmer.
Any employment when a police officer is not scheduled for
a shift of duty by the Borough of Elmer Police Department and that
is conditioned on the actual or potential use of law enforcement powers
by the police officer employee. This shall be limited to employment
as a security guard, traffic control officer or plainclothes surveillance
officer.
A position of employment involving the wearing or carrying
of a Borough of Elmer Police badge or the carrying of a firearm or
other dangerous weapon as defined by N.J.S.A. 2C:39-1.
Any class of police officer of the Borough of Elmer.
A position of employment involving the wearing of a Borough
of Elmer uniform, badge, and/or the carrying of a firearm or other
dangerous weapon as defined by N.J.S.A. 2C:39-1.
A position of employment involving the wearing of a Borough
of Elmer Police uniform while directing traffic within or outside
the Borough of Elmer.
All times when a police officer is scheduled for and does
work for an outside employer as "extra duty."
All forms of insurance, including self-insurance, required
under N.J.S.A. 43:15-1 et seq.
c.
Requirements.
1.
Any person or entity seeking to employ off-duty police shall first
obtain the approval of the Chief of Police, 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 Borough of Elmer Police Department, and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work.
2.
Assignments shall be for a minimum of four hours; cancellation of
an assignment with less than two hours' notice shall be subject to
this minimum.
3.
No employer shall employ a Borough of Elmer police officer for extra
duty without having first filed with the Borough of Elmer Clerk a
certificate of insurance. The certificate shall designate the Borough
of Elmer as an additional insured and evidence comprehensive general
liability and automobile liability in the amount of not less than
$1,000,000 for any one occurrence and worker's compensation with statutory
limits with respect to injuries and/or damages suffered or caused
by police officers while in the employ of the employer.
(a)
All policies of insurance evidenced by any certificate filed
hereunder shall be maintained by the employer in full force and effect
at all times while any police officer is employed by such employer.
Upon the change or renewal of any such policy of insurance, the employer
shall forthwith file with the Borough Clerk a new and current certificate
of insurance in compliance with the foregoing provisions.
(b)
No certificate of insurance required by this section shall be
deemed filed with the Borough Clerk unless it has been first approved
by the Borough Risk Management Consultant.
4.
Escrow account.
(a)
Except as provided herein, any person or entity requesting the
services of an off-duty police officer of the Borough of Elmer 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 Borough Treasurer by depositing an amount sufficient to cover
the rates of compensation and administrative fees set forth herein
for the total estimated hours of service.
(b)
If the amount required to be deposited with the Borough exceeds
$5,000, an escrow deposit of $2,500 shall be required. Said $2,500
deposit shall be maintained until such time as the amount required
to be deposited for all remaining services on any given project shall
be less than $2,500, and then such lesser amount shall be required
to be maintained.
(c)
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.
5.
In the event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall cease and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
(a)
State, county and municipal bodies and agencies and public schools
shall be exempt from the requirements for the posting of an escrow
deposit.
(b)
The Borough of Elmer Chief of Police, with the concurrence of
the Borough of Elmer Treasurer, may waive escrow requirements for
assignments of less than four hours in total with employer history
of reliable payment or other indications of prompt and timely payment.
6.
Any employer who employs a police officer for extra duty without
first having complied with the requirements as set forth shall be
subject to a fine of $500 for each day that it employs the police
officer.
7.
Any police officer who accepts or continues extra-duty employment
with an employer who has not complied with the requirements of this
section shall be deemed in violation of the rules and regulations
of the Police Department and shall be subject to appropriate discipline.
The police officer shall, prior to accepting or continuing extra-duty
employment, ascertain from the prospective employer whether it has
complied with the provisions hereof. If the employer has not yet complied,
the police officer shall not accept the prospective extra-duty employment.
8.
At no time shall payment in the form of cash be exchanged between
an employer and any police officer.
9.
Officers assigned to extra-duty details shall be attired as prescribed
by the Department's Uniform Policy. Officers shall be attired in the
requisite and appropriate uniform or "plain clothes" that is determined
to be best suited by the Chief of Police for the nature of the extra-duty
detail. Officers shall be subject to all rules and regulations of
the Borough of Elmer Police Department.
10.
Officers working any form of traffic-related detail shall comply
with all applicable safety standards.
11.
An officer on an extra-duty assignment shall take police action in
response to any serious police matter coming to their attention at
any time, and are additionally expected to respond to emergency situations
in the Borough of Elmer if the extra-duty assignment is within the
immediate area. All officers are subject to recall to duty if an emergency
arises in the Borough of Elmer.
12.
In order to be eligible for extra-duty employment, a police officer
must be in good standing with the Department. Officers who are on
medical or other leave due to sickness, temporary disability or an
on-duty injury shall not be eligible to engage in extra-duty employment.
Officers who do not report for their regular shift duty shall be ineligible
for extra-duty detail. Officers who are found to be performing extra
duty assignments when they have called out sick for regular-duty work
within the Borough of Elmer shall be subject to disciplinary action.
13.
Wages earned for outside, extra-duty employment by any Borough of
Elmer police officer shall not be applied toward the pension benefits
of the police officer so employed, nor shall hours worked for outside
employment be considered in any way compensable as overtime payable
by the Borough of Elmer.
14.
Each employer of a police officer for extra duty must sign in advance
a hold-harmless indemnification agreement stating that said employer
will release, defend and indemnify the police officer, the Police
Chief, the Police Department, the Elmer Borough Council members, Elmer
Borough and any agent, officer, employee thereof and save them harmless
from and against any and all claims, actions, damages, liability and
expenses, including but not limited to court costs and reasonable
attorney's fees, without regard to fault, in connection with or arising
out of any acts or omissions by the Elmer Borough police officer in
performing the extra duty subject to said employer's agreement with
the Borough of Elmer or in connection with or arising out of that
agreement between said employer and the Borough of Elmer or Borough
of Elmer Police Department for such extra-duty assignment.
d.
Procedure.
1.
All requests for extra-duty assignments shall be forwarded to the
Borough of Elmer Chief of Police. Requests for assignments for a period
of one week or longer shall be submitted at least 10 days before such
services are required. Any prospective employer shall be apprised
of any applicable Borough codes, ordinances, rules and regulations,
and policies and procedures.
2.
The Chief of Police shall ensure:
(a)
Compliance with this policy and all applicable Borough codes
and ordinances, Departmental rules, regulations, policies and procedures,
and other applicable contracts, agreements, laws and regulations.
(b)
All officers working extra-duty details shall do so under the
auspices and control of the Department's rules and regulations, and
policies and procedures.
(c)
All escrow payments, certificates of insurance and applicable
forms have been completed, submitted, and accepted as required.
(d)
Rates of compensation; administrative fee; payment of services.
Rates of compensation for contracting the services of off-duty law
enforcement officers shall be $60 per hour. In addition, the employer
shall pay an administrative fee equal to 15% of the hourly rate to
cover the administrative costs, taxes, insurance and out-of-pocket
expenses incurred by the Borough of Elmer for each officer working
extra-duty. If the employer requires the off-duty law enforcement
officer to utilize a patrol vehicle, the employer shall pay an additional
fee in the sum of $45 per hour. Payment shall be made to the Borough
no later than 30 days from the invoice date.
