City of Rahway, NJ Department of Police

One Director of Police.

One Chief of Police.

Three Captains.

Eight Lieutenants.

Twelve Sergeants.

Up to 75 patrol persons.

Administration and discipline generally. The administration and discipline of the Police Department shall be subject to the Optional Municipal Charter Law,[1] applicable general law and ordinances of the City.

[1]

Editor's Note: See N.J.S.A. 40:69A-1 et seq.

Powers and duties of the Police Department. The Police Department shall:

Preserve and protect the public peace and enforce all penal laws and ordinances effective within the City.

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 and public places by vehicles and persons, and make rules and regulations not inconsistent with the Optional Municipal Charter Law, ordinances and general law for such purposes.

Remove all nuisances in the public streets, parks and other public places.

Inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit.

Provide proper police attendance and protection at fires.

Operate, install, repair and maintain the police radio systems and radio equipment and auxiliary, electrical and mechanical installations.

Provide special escort service for any person carrying money or other valuable property within the City of Rahway, for the sum of $20 from a single source of origin to a destination, to be collected by the Police Department and paid to the City Treasurer, which sum may hereafter be changed by resolution of the Municipal Council.

Duties of Director of Police. The Director of Police shall be the administrative head of the Police Department. The Director of Police shall be responsible to the Business Administrator for the conduct, efficiency and management of the Police Department and for the enforcement of rules and regulations governing the same, and for the carrying out of all lawful orders and instructions of the Business Administrator and Mayor. All orders and instructions to members of the Police Department, other than to the Director, shall be made by or through the Director, or by or through the Chief Law Enforcement Officer in case of inability to communicate with the Director. The Chief Law Enforcement Officer is an assignment specified by the Director of Police. The devolution of command of the Police Department in the event of the inability to communicate with the Director shall be as specified in the rules and regulations.

Powers and duties of Police Department members. Every member of the Police Department shall:

Preserve order, peace and quiet when on duty.

Report promptly all violations of law or ordinance to the Director of Police.

Have the power to arrest as permitted by law.

Have the power and authority within the City to serve and execute warrants and other processes for the apprehension and commitment of persons charged with or held for examination or trial or taken in execution for the commission of any crime or misdemeanor or the violation of any law or ordinance.

While executing, serving or assisting in the execution or serving of any such warrant or processes, and while in the performance of their duty as peace officers, be and are hereby vested with and have all the power and authority conferred on constables at common law and by the laws of the state.

Comply with duties fixed by statutes and ordinances of the City applicable to such members and the rules and regulations of the Police Department.

Hours of duty; emergency duty; overtime pay.

The hours of employment of the uniformed members of the Police Department shall be established by existing labor contract and shall not exceed those hours, except in case of emergency.

The Director of Police or the Mayor may summon and retain on duty any and all members of the Police Department for the duration of an emergency.

Overtime pay in emergencies is set at straight time under N.J.S.A. 40A:14-134. All other overtime shall be paid at the rate of time and a half for hours worked in excess of the duty period established in the existing labor contract.

Prohibited activities.

No member of the Police Department shall accept or solicit anything of value as consideration for or in connection with the discharge of his or her official duties.

No member of the Police Department, without the written permission of the Director of Police, shall solicit or cause to be solicited, whether directly or indirectly, any money or other thing of value, for the benefit of any organization or any member of any organization. This prohibition shall not apply to regular dues or assessments of police benevolent organizations or other purposes authorized by the rules and regulations of the Police Department.

Member qualifications.

A person must be sound in body and of good health sufficient to satisfy a physician and the Board of Trustees of the Police and Firemen's Retirement System of New Jersey, that he or she is eligible for membership in the retirement system, which facts shall be certified by said physician, and such physician as may be designated by the Board of Trustees.

No person shall be so appointed who has been convicted of a crime involving moral turpitude.

No person shall be appointed who is less than 18 years of age or more than the maximum age set by applicable civil service regulations.

All applicants for appointment to the Department of Police as entry-level law enforcement officers or special law enforcement officers pursuant to N.J.S.A. 40A:14-146.8 et seq. shall be qualified for appointment as required by law, ordinance and civil service rules and regulation. Appointments of entry-level police officers, including special law enforcement officers, may, in the sole discretion of the appointing authority, be made in accordance with the provisions of N.J.S.A. 11A:4-1.3. All applicants for appointment must still complete other preemployment requirements, including but not limited to a physical and psychological examination.

[Added 3-13-2023 by Ord. No. O-5-23; amended 6-12-2023 by Ord. No. O-24-23]

Safe exchange zone. The City of Rahway hereby establishes a “safe exchange zone” for conducting in-person private transactions which involves a City of Rahway resident, which has been facilitated through marketplaces on the internet, to be located in the lobby of the City of Rahway Police Department’s lobby, 24 hours a day, seven days per week:

[Added 4-10-2023 by Ord. No. O-13-23]

The sale or transfer of items at the Rahway Police Department shall be legal items only;

Private exchange of motor vehicles, drugs, drug paraphernalia, and/or weapons shall not be permitted;

The City of Rahway will not provide police personnel or staff to witness any transaction, but the proximity of video surveillance and police personnel is meant to increase the public’s peace of mind when engaging in such transactions with unfamiliar individuals in the safe exchange zone;

The City of Rahway makes no guarantees, assurances or promises with respect to the condition and/or integrity of any items exchanged between private parties, or as to the safety or security of any in-person transactions that may take place on City of Rahway property;

While it is the City of Rahway’s intent that the Rahway Police Department lobby be available 24 hours a day, seven days per week for the exchange of legal items, the City of Rahway makes no guarantees, assurances or promises as to availability of the safe exchange zone at any particular date or time;

The City of Rahway encourages residents to conduct transactions during daylight hours;

The City of Rahway encourages all persons to bring a cell phone in case of emergency, to notify friends and/or family of the intention to meet to conduct such a transaction, and to reconsider any transaction with someone who refuses to meet at the Rahway Police Department’s lobby.

§ 5-67 School traffic guards.

Physical fitness examination required; physician's certificate. In addition to such qualifications as may be required by law, any person applying for an appointment as a school traffic guard shall be required to submit to a physical fitness examination by a physician licensed to practice in this state. A certificate signed by the physician certifying to the person's sound physical condition and fitness shall be considered and taken as sufficient evidence of the applicant's physical capability of performing the duties required of a school guard.

Powers and duties.

It shall be the duty of school traffic guards to maintain the orderly movement of vehicular traffic consistent with the safety of children attending school in the City.

The guards shall perform their respective duties during the hours and places designated by the Director and Chief of Police.

The duties of the school traffic guards are to:

Safeguard and protect the lives of all schoolchildren in the City.

Assist and aid all schoolchildren on their way to and from school and at all times when said guards are on duty.

Direct traffic at street intersections and other places traversed by schoolchildren on their way to and from school.

Lessen all hazards and point out all traffic dangers to schoolchildren.

SPECIAL POLICE OFFICER or SPECIAL LAW ENFORCEMENT OFFICER

Perform all other duties directed by the Director and Chief of Police.

§ 5-67.1 Police Chaplain; appointment; qualifications.

[Added 11-9-2022 by Ord. No. O-44-22]

There is hereby established the position of Police Chaplain in the Law Enforcement Department, and the person or persons so designated shall be appointed for a one-year term by resolution of the Municipal Council. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body for which that person is selected. Such Chaplain shall become a member of the Law Enforcement Department, without rank and without salary. Upon the expiration of one year, he/she shall continue to serve until reappointed or notified that he/she will not be reappointed. He/she will not receive any health insurance benefits. The Police Chaplain will be trained in accordance with the rules and regulations of the Rahway Police Department and under the supervision of the Director of Police.

§ 5-68 Special police.

[Amended 6-14-2021 by Ord. No. O-14-21]

Special police officers, also known as "special law enforcement officers," shall be appointed as follows in accordance with the Special Law Enforcement Officers' Act of 1985, N.J.S.A. 40A:14-146.8 et seq.:

Definitions. As used in this section, the following terms shall have the meanings indicated:

EMERGENCY

Any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel, as shall be determined by the Police Director or his or her designee. Vacations, shortages in police personnel caused by vacancies unfilled by the City Council for more than 60 days or any other condition which could reasonably have been anticipated or foreseen shall not constitute an emergency. However, an emergency may continue when a vacancy remains unfilled for more than 60 days and when, on application of the City Council, the County Prosecutor grants an extension for one or more sixty-day periods upon a showing by the City Council of a diligent, good-faith effort to fill the vacancy.

Any person appointed pursuant to N.J.S.A. 40A:14-146.8 et seq. to temporarily or intermittently perform duties similar to those performed regularly by members of the Police Department, or to provide assistance to the Police Department during unusual or emergency circumstances.

Creation of position. The appointing authority may appoint special law enforcement officers as it deems necessary for the preservation of peace and good order in the City of Rahway. They shall be under the supervision and direction of the Director or the Chief Law Enforcement Officer of the City.

Qualifications.

No person may be appointed as a special law enforcement officer unless such person:

Is a resident of the State of New Jersey during the term of appointment.

Is able to read, write and speak the English language well and intelligently and has a high school diploma or equivalent.

Is sound in body and of good health.

Is of good moral character.

Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of the office of special law enforcement officer.

(f)

Has successfully undergone the same psychological testing that is required of all full-time police officers.

(g)

Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8 et seq., the administrative rules and regulations of the Department of Police, and the general ordinances of the City of Rahway.

Residents of the City of Rahway shall be given preference for appointments as special officers. Nonresidents certified as special officers by the New Jersey Police Training Commission may be considered for appointment at the discretion of the appointing authority.

Classification. Only Class Two officers, as defined in N.J.S.A. 40A:14-146.11, shall be appointed. Class Two officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class Two special law enforcement officer may be authorized only after the officer shall have been fully certified as successfully completing training as prescribed by the Police Training Commission and having complied with the rules and regulations of the Police Department.

Training course. No person shall commence duties as a special law enforcement officer until having successfully completed a training course approved by the Police Training Commission. In addition, no Class Two special law enforcement officer shall be issued a firearm prior to having successfully completed the basic firearms course required by the Police Training Commission for permanent, regularly appointed police and annual requalification examinations.

Persons ineligible for appointment. No person shall be eligible to serve as a special law enforcement officer in the City of Rahway if that person serves or intends to serve as a special law enforcement officer in another municipality, nor shall any permanent, regularly appointed full-time police officer be permitted to simultaneously serve as a special law enforcement officer in the City. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the City or supervision of the Police Department shall be appointed as a special law enforcement officer.

Fingerprints. Every applicant for the position of special law enforcement officer shall, prior to appointment, have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

Powers and authority. The Director of Police or the Chief Law Enforcement Officer of the City may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as permanent, regularly appointed police officers, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations, not inconsistent with the certification requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established by the Code of the City of Rahway.

Appointment; term; revocation.

A special law enforcement officer may be appointed for a term not to exceed one year. The powers and duties of a special law enforcement officer shall cease at the expiration of the term to which the special law enforcement officer shall have been appointed. At the expiration of such term, the appointing authority shall have absolute discretion in determining whether to reappoint.

The appointment of a special law enforcement officer may be revoked for cause and after an administrative hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require the reappointment upon the expiration of the term. Special law enforcement officers shall not be classified as regular members of the Police Department entitled to tenure and other benefits of the Police Department.

Duty times. A special law enforcement officer shall be deemed to be on duty only while performing the public safety functions on behalf of the City pursuant to N.J.S.A. 40A:14-146.8 et seq. and when receiving compensation, if any, from the City at the rates or stipends as established by ordinance. A special law enforcement officer shall not be deemed to be on duty for purposes of N.J.S.A. 40A:14-146.8 et seq. while performing private security duties for private employers, which duties are not assigned by the Director of Police or, in the absence of the Director, the Chief Law Enforcement Officer of the City, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Director of Police or the Chief Law Enforcement Officer of the City to perform public safety functions for a private entity if the Director of Police or, in the absence of the Director, the Chief Law Enforcement Officer of the City supervises the performance of the public safety functions. If the Director of Police or the Chief Law Enforcement Officer assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the City is reimbursed for the cost of assigning a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.

Hours of employment. No special law enforcement officer may be employed for more than 20 hours per week, except as follows:

During an emergency there shall be no limitation as to the number of hours per week a special law enforcement officer may be employed.

The City may designate one special law enforcement officer to whom the twenty-hour-per-week limitation on hours shall not apply. That special law enforcement officer may be employed for more than 20 hours per week. The appointing authority may change this designation at will, and no special law enforcement officer shall have any right to appointment, reappointment, or retention of such designation.

Supervision; conduct.

A special law enforcement officer shall be under the supervision and direction of the Director of Police or, in the absence of the Director, the Chief Law Enforcement Officer of the City and shall perform all duties solely within the City of Rahway, except when in fresh pursuit of any person, pursuant to N.J.S.A. 2A:156-1 et seq., or when authorized to perform those duties in another municipality pursuant to a mutual aid agreement enacted in accordance with N.J.S.A. 40A:14-156.1.

A special police officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the City, as well as all rules and regulations applicable to the conduct and decorum of special law enforcement officers.

§ 5-69 Detective Bureau.

[Amended 6-14-2021 by Ord. No. O-14-21]

Continuance; head; assignments.

The Detective Bureau heretofore created and established in the Police Department is hereby continued.

One member of the Detective Bureau having the rank of Captain shall be assigned in charge of the Bureau, in addition to his or her duties as Captain.

Assignments to and in the Detective Bureau shall be made by the Director of Police.

Compensation.

In addition to the salary which has been and will hereafter be established for the rank attained by a member of the force of the Police Department, each such member, upon his or her assignment to the Detective Bureau, shall receive additional compensation for his or her duties in the Detective Bureau.

The compensation for each grade shall be established by ordinance.

§ 5-70 Juvenile Bureau.

[Amended 6-14-2021 by Ord. No. O-14-21]

Establishment. There is hereby created within the Police Department a bureau to be designated as the "Juvenile Bureau" to consist of members of the Police Department. Such members of the Department shall be assigned to the Bureau by the Director and Director of Police.

Determination of juvenile delinquency; exception.

"Juvenile delinquency" is hereby defined as the commission, by a child under the age of 18 years, of any of the following acts which, when committed by a person of the age of 18 years or over, would constitute a disorderly persons offense, petty disorderly persons offense or other offense; the violation of any penal law or municipal ordinance; any act or offense for which he or she could be prosecuted under a procedure partaking of the nature of a criminal action or proceeding; or being a disorderly person; or any of the following acts:

Incorrigibility.

Idly roaming the streets at night.

Deportment endangering the morals, health or general welfare of said child.

The commission of an act which constitutes a violation of the provisions of Chapter III or IV of Title 39, Motor Vehicles and Traffic Regulation, of the Revised Statutes, or of any amendment or supplement thereof, by a child of or over the age of 17 years who is the holder of a valid license to operate a motor vehicle under the laws of this state or any other state shall not constitute juvenile delinquency as defined in this section.

Powers and duties. It shall be the duty of the Juvenile Bureau to:

Investigate all cases of juvenile delinquency.

Coordinate and supplement the activities and programs of public, private and religious agencies with the City devoted, in whole or in part, to the welfare and protection of persons under the age of 18 years and to cooperate with such agencies.

Collect data and statistics to make such recommendations to the Director of Police as it deems advisable, with reference to the institution of recreational projects by public or private agencies, which project shall be devoted, in whole or in part, to the provision of leisure time activities of persons under 18 years of age.

Collect data and statistics and to make studies relating to the detection, prevention or treatment of delinquencies of persons under 18 years of age and make such recommendations to the Director of Police as it deems advisable with reference thereto.

Make such other recommendations to the Director.

§ 5-71 Special-duty jobs, salary and vehicle fees.

[Amended 12-11-2017 by Ord. No. O-33-17; 3-9-2020 by Ord. No. O-04-20; 12-22-2020 by Ord. No. O-34-20; 6-14-2021 by Ord. No. O-14-21]

Any and all extra-duty assignments for police personnel shall be determined and approved by the Director of Police or his or her designee. No police officer shall perform special-duty assignments for private parties or non-law-enforcement entities for compensation other than through the procedure set forth in this article. The Director of Police or his or her designee shall obtain such information as he or she determines necessary and is authorized to approve such special-duty police work in accordance with this article. The Director of Police or his or her designee may assign a police vehicle for use in performing extra duty if and in the event it is determined that the use of a police vehicle is necessary to perform the contracted duty. A separate fee shall be charged for such use. The Director of Police or his or her designee may deny the assignment or use of police officers or vehicles and/or may impose any condition or requirement as in his or her sole discretion and determination is in the best interest of the City and/or police officers or public safety. The Director of Police or his or her 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. This section does not apply to assignments or work performed for or at the direction of any special task force or similar assignments by the Union County Prosecutor's Office or other law enforcement agencies.

Assignments to be voluntary. Police personnel may volunteer to participate in the special-duty jobs program. All special assignments shall be administered by the Director of Police or his or her designee in accordance with a fair and reasonable system, which shall take into account the seniority of the police personnel, unless exigent circumstance such as time constraints or special skills dictate otherwise. Work assignments under the program shall be considered voluntary, and participants shall be compensated in accordance with the rates set forth herein.

Officers on duty; agreement; payment and costs. 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 shall conform to all Police Department rules, regulations and procedures. All such agreements for special-duty assignments shall be contracted for in writing by the completion of a form available from the Police Department, which contracts shall be kept on record as other such public documents. Delinquent parties shall be liable for all costs, fees and attorneys' fees associated with the collection of any amounts due. Private parties or attorneys who utilize police officers in civil cases by subpoena will be responsible to reimburse the City for the costs incurred for the officers' time while complying with the subpoena. The time incurred will be billed by the City to the requesting private attorney or party at the rate established for special-duty assignments. Officers will continue to be compensated by the City as per past practice and the collective bargaining agreement for time responding to subpoena(s). This section does not apply to internal administrative or disciplinary matters in which reimbursement to the City is not applicable.

Work to be done within municipality; outside assistance. All special-duty assignments shall be within the municipality, unless specific written approval is given by the Director of Police and/or the Business Administrator to the officer to work outside of the municipality. The Director of Police or his or her designee may contact adjoining municipal police departments to see if they are willing to perform such special assignments. This does not apply to assignments crossing municipal boundaries in which the work is partially performed within the municipality.

Special fund.

All payments for special-duty assignments shall be deposited in and be made through a special police trust fund established by the City's Chief 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 and an administrative fee to be retained by the municipality. Any dispute between the contractor and the police officer on assignment as to services required or compensation due shall be determined by the Chief of Police or his or her designee. The Director of Police's decision, or that of his or her designee, shall be final and binding.

All requests by private and/or non-law-enforcement parties for special-duty services shall be made no later than 16:00 hours on the day prior to the scheduled workday, except in the event of exigent circumstances. This time period may be waived by the Director of Police or his or her designee. Upon filing the request, the requesting party shall deposit with the City, or have on deposit, in the Special Duty Police Trust Fund at least 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 Director of Police or his or her designee and must at all times be sufficient to pay for special-duty services before said services are rendered, and no services shall be rendered unless prepaid. In the event that the request for special services was not made by 16:00 hours on the day prior to the scheduled workday, the emergency traffic/security rates as enumerated in § 5-71E(5) herein shall come into effect.

Parties that utilize special-duty services on a regular basis for a week or longer shall maintain a minimum balance of the average weekly expenditure in the fund. Parties that utilize special-duty services on a regular or frequent basis shall maintain a minimum deposit of $500 in the fund. The Director of Police or his or her designee shall have the authority to determine the appropriate minimum balance for a particular party utilizing services to ensure adequate funds are on deposit to timely pay the officers and administrative fees for services provided. The Director of Police or his or her designee, with the approval of the Business Administrator, may waive or adjust the minimum balance required for assignments for municipalities, government agencies, utilities or nonprofit organizations.

No services shall be rendered for any party that does not have funds on deposit sufficient to cover the services. No services shall be rendered to any party that is delinquent on payment for past services rendered. Delinquent parties shall be liable for interest at 18% per annum on any funds noticed to the party as delinquent, together with any damages or attorneys' fees or costs incurred by reason of their delinquency. If the Director of Police or his or her designee determines a detail poses a hazardous condition or a concern for public safety when not properly staffed, he or she may cancel any proposed assignment. The Director of Police or his or her designee shall have the right to cancel special-duty job services when a party is delinquent in payment.

Hourly rates/charges.

Subject to the provisions of Subsection E(5)(b), below, the hourly rate/charge payable to police officers for special duty assignments performed within the City of Rahway shall be as follows:

Job	Rate Per Hour Under 8 Hours	In Excess of 8 Hours
Traffic assignments	$60	$90
Security assignments	$30	$45
Emergency traffic	$75	$112.50

In the event any governmental agency other than the City of Rahway shall request the provision of police services from officers of the Rahway Police Department to be performed anywhere within or without the municipal boundaries of the City of Rahway, said Rahway police officers shall be paid at the hourly rate regularly paid by the requesting governmental agency for the same services when performed by that agency's own law enforcement officers.

A four-hour minimum is applicable to all jobs unless waived by the Director of Police or his or her designee.

Any work performed on the following days shall be paid at a rate of time and a half; in excess of eight hours shall be paid at a rate of double time:

New Year's Eve.

New Year's Day.

Easter.

Memorial Day.

July 4.

Labor Day.

Thanksgiving.

Christmas Eve.

Christmas Day.

The hourly rate/charge payable for police vehicles shall be an additional $15 per hour, or portion thereof, per each vehicle used. The City shall also charge $12 per hour as a surcharge for administrative costs, to be retained by the municipality. The Director of Police or his or her designee may waive the minimum hours on a particular assignment should he or she determine this is in the interests of the City. In continuing assignments, the Director of Police or his or her designee may waive the hourly minimum on a continuing basis. The Director of Police or his or her designee, with the approval of the Business Administrator, may waive or adjust the administrative fee for assignments for municipalities, government agencies or nonprofit organizations.

(8)

Hours will be billed in full-hour increments only. If an officer works 15 minutes or greater into an hour, a full hour will be billed.

Cancellation. Any assignment which is canceled on less than two hours' notice shall be charged against the party. Upon cancellation, the contractor shall be responsible for the minimum payment of four hours, per officer assigned, plus vehicle and administrative fees, at the specified rate plus any administrative fees that may apply.

Authority to terminate assignment. The Director of Police or his or her designee has the authority to order any police officer to vacate or terminate any special-duty assignment in response to emergency 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 Director of Police or his or her designee. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special-duty assignments and shall have no claim for any costs or damages against the municipality, the Director of Police or his or her designee or any police officer arising from the termination of any special-duty assignment other than the prorated return of any fees prepaid to the City for the time.

Insurance coverage. The municipality shall be responsible to provide all necessary insurance coverage as required by law for all special-duty and extra-duty assignments for police personnel, including but not limited to workers' compensation, public liability and claims for damage or personal injury, including death or damage to property, which may arise as a result from the municipality's performance under the contract.

Conformance with agreement. All special-duty assignments and related work shall be performed in accordance with the agreement for special-duty assignment of police officers entered into between the contractor and the municipality.

The Director of Police or his or her designee, subject to the approval of the Business Administrator, has the authority to set reasonable rules and regulations for officers, as well as contractors/vendors, for the administration of the special-duty jobs program.

The City may choose to utilize a secondary service to administrate and perform the above actions related to the off-duty employment process. These actions include but are not limited to communicating with said person or company to schedule off-duty officers, scheduling the officers for off-duty assignments, invoicing a person or company and receiving escrow and/or payments from said person or company in a manner set forth by the secondary service provider. The secondary service provider may charge an additional fee of up to 10% for services that are above and in addition to the fee structure stated above, and utilize business type collection rules as set forth in the contract between the City and the secondary service provider.

§ 5-71.1 Auxiliary police.

[Added 11-9-2022 by Ord. No. O-43-22]

Creation of unit.

Pursuant to N.J.S.A. 40A:14-146.10 et seq., there is hereby created within the City of Rahway an auxiliary police force to be known as the "City of Rahway Auxiliary Police Force." This is a volunteer organization whose members shall be unarmed, will not receive compensation, monetary or otherwise, will not receive health insurance, and shall not be members of the City of Rahway Police Division.

There shall be no more than 25 auxiliary police officers at any one time.

This unit shall not impede with the responsibilities and/or obligations of police officers pursuant to any collective bargaining agreement.

Qualifications.

All members of the auxiliary police must be residents of, and maintain residence in, the City of Rahway.

The selection criteria for membership in the auxiliary police include:

Citizen of the United States and resident of the City of Rahway;

Be between 18 and 65 years of age;

Have a high school diploma or equivalent certificate;

Be able to read, write and speak the English language;

Be of good moral character (as determined solely by the Public Safety Director and/or his designee, the Chief of Police);

(f)

Be physically qualified to perform assigned duties (physical disability is not a disqualifier if the person is able to perform the assigned duties);

(g)

Be free of any criminal conviction involving moral turpitude;

(h)

Possess a valid New Jersey driver's license by date of appointment if vehicle operation is required;

(i)

Accurate completion of the application packet; and

(j)

Submit to extensive background investigation, including having fingerprints taken (the fingerprints shall be filed with, and checked by, the New Jersey State Police and the Federal Bureau of Investigation).

Auxiliary police members may not simultaneously be members of the regular City of Rahway Police Division.

Auxiliary police members must successfully complete basic auxiliary police academy training prior to taking the auxiliary police oath of office.

Prior to appointment for training, an oral examination of applicants shall be conducted by the Chief of Police to determine individual qualification.

Rules and regulations. The Public Safety Director, the Director of the Office of Emergency Management and the Chief of Police shall promulgate appropriate rules, regulations, policies and procedures necessary to effectuate the purpose of the auxiliary police program, including, but not limited to, recruitment, designation of uniforms and equipment, and the general operation of the auxiliary police program in accordance with the relevant provisions of the New Jersey Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 et seq., and the State of New Jersey Auxiliary Police Organization and Training Plan.

Powers and duties.

All auxiliary police officers, before assuming the duties of their office, shall take and subscribe to the oath required by N.J.S.A. 41:1-1 et seq. The original executed oaths shall be filed with the Office of the City Clerk. Copies shall be forwarded to:

The auxiliary police officer taking the oath;

The Director of the Office of Emergency Management; and

The Chief of Police.

Auxiliary police officers are prohibited from using their identification card, insignia, or affiliation with the Rahway Auxiliary Police or the City of Rahway for any financial gain, advantage, or other unethical purpose, as determined by the Public Safety Director in his or her sole discretion. All auxiliary police officers, while on duty, shall be in the uniform provided by the Rahway Police Division, which shall be clearly distinctive from that of a regular Rahway police officer. The auxiliary police uniform must at all times bear an insignia provided by the Police Division, which shall clearly indicate "Auxiliary Police."

The Police Chief, Chief Law Enforcement, or Director of OEM may authorize the auxiliary police to be armed with, and appropriately use, less-than-lethal weapons while they are performing their auxiliary police duties. The only less-than-lethal weapons that the auxiliary police may be armed with, however, are those that are issued to them by the Police Division. Under no circumstances, however, will any member of the auxiliary police be authorized to be armed with less-than-lethal weapons unless and until (i) the auxiliary police member has received appropriate training, as determined by the Public Safety Director, relative to the Rahway Police Division's use of force and weapons directives; (ii) the auxiliary police member has received appropriate training, as determined by the Public Safety Director, relative to the proper use of the particular type of less-than-lethal weapon to be carried; (iii) the auxiliary police member has demonstrated an adequate understanding of the Rahway Police Division's use of force and weapons directives; and (iv) the auxiliary police member has demonstrated adequate proficiency relative to the proper use of the particular type of less-than-lethal weapon to be carried. The foregoing training and demonstrations of understanding and proficiency shall continue on an ongoing refresher basis with the same frequency as a regular police officer, but not less than annually.

Auxiliary police may carry and use handcuffs while they are performing their auxiliary police duties. The only handcuffs that the auxiliary police may carry, however, are those that are issued to them by the Police Division. Auxiliary police members must use handcuffs in comportment with training provided in basic training and in-service training provided by the Police Division.

Authorized less-than-lethal weapons and police equipment may only be carried or used while on duty during a disaster, declared emergency, or authorized training mission.

The only less-than-lethal weapons and police equipment that the auxiliary police may carry and use are those that are issued to them by the Police Division.

While off duty, auxiliary police must store issued less-than-lethal weapons and police equipment in a safe and secure manner to prevent theft or unauthorized possession or use.

(8)

Auxiliary police members shall report any lost or stolen less-than-lethal weapons or police equipment to the Rahway Police Division immediately following the discovery of the loss or theft.

(9)

Any use of force by auxiliary police members must comply with the Rahway Police Division's use of force directive.

(10)

Under no circumstances shall an auxiliary police officer initiate or participate in any motor vehicle stop, pursuit or high-speed response. A high-speed response is any call response that exceeds the posted speed limit.

(11)

Auxiliary police may use emergency lights and sirens during assigned on-the-job training for (i) traffic control during certain types of events, such as parades and funerals, and (ii) special events as authorized by the Public Safety Director. Auxiliary police may not utilize emergency lights or sirens while driving to any fixed-post assignment.

(12)

Auxiliary police officers may use Rahway auxiliary police vehicles only with the approval of the Public Safety Director during declared emergencies or disasters, or assigned on-the-job training missions. Rahway auxiliary police vehicles must be clearly identified by a sign or emblem denoting auxiliary police.

(13)

The following list is representative of the type of functions which may be proper and appropriate for assignment to auxiliary police for on-the-job training. This list is not all-inclusive, and other on-the-job training functions may be assigned to auxiliary police at the discretion of the Public Safety Director or Chief of Police. All on-the-job training functions assigned to auxiliary police must be bona fide, and must not be abused as to extent.

Vehicular and pedestrian traffic control.

Dissemination of warnings or information and instructions to the public as directed.

Crowd control.

Security of federal, state, county or municipal government buildings, excluding the Rahway Municipal Court, located within the City of Rahway.

Assist with staffing and functioning of the City's Emergency Operations Center, field command posts, staging areas, or Police Headquarters operations.

(f)

Maintenance of order as directed.

(g)

Satisfactory documentation of all assigned tasks initiated or completed, and reporting unusual incidents encountered during assigned duty.

(14)

Auxiliary police officers are required to attend mandatory training made necessary by their assignment or duties. Those training topics statutorily required of regular police officers shall be provided. These topics shall include, but shall not be limited to:

Use of force;

Proficiency with authorized less-than-lethal weapons;

Right-to-know laws;

Hazardous materials awareness; and

Other topics as may be mandated by the Public Safety Director or Chief of Police.

(15)

Auxiliary police officers must volunteer a minimum of eight hours every month (96 hours yearly) for on-the-job training.

Appointment of members. The Public Safety Director shall have the authority to, and shall be responsible for, the appointment of auxiliary police officers in accordance with New Jersey laws. In appointing auxiliary police officers, the Public Safety Director shall consult with the Chief of Police. Auxiliary police officers shall possess and exercise all the powers and duties provided by New Jersey law and regulations and this section during their term of appointment. Auxiliary police officers shall not be regular members of the Police Division, and shall not be entitled to tenure.

Term of appointment. Auxiliary police officers shall be appointed for terms of one year, and shall be reappointed annually thereafter by the Public Safety Director in the Public Safety Director's sole discretion. The appointment of an auxiliary police officer may be immediately terminated at any time, with or without cause, by the Public Safety Director or Chief of Police. An auxiliary police officer whose appointment is terminated, or who is not reappointed, shall not be entitled to any type of hearing or appeal process whatsoever. Upon an auxiliary police officer's resignation, termination, or non-reappointment, the former auxiliary police officer shall immediately return to the Police Division all equipment issued or provided to the former auxiliary officer by the Police Division, including, but not limited to, the auxiliary police identification card, uniforms, patches, insignias, weapons and handcuffs.

Reporting responsibilities. The Public Safety Director, and/or his or her designee, shall ensure that all reports that are required to be made to the New Jersey Office of Emergency Management and/or the Union County Emergency Services regarding auxiliary police are complied within a timely manner.

Chain of command. The chain of command of the Rahway Auxiliary Police Force shall be as follows: The Rahway Emergency Management Coordinator and/or Chief Law Enforcement Officer shall supervise and be responsible for all such operations. Under the Emergency Management Coordinator and/or Chief Law Enforcement Officer, there may be the following positions within the Rahway Auxiliary Police Force (listed in descending order), each of which shall report to the next highest position: one Auxiliary Police Chief; one Auxiliary Police Deputy Chief; Auxiliary Police Captains, Auxiliary Police Lieutenants; Auxiliary Police Sergeants; and auxiliary police officers. Training officers may be designated from the membership at the discretion of the Police Chief.

Legal authority. Auxiliary police personnel are not regular sworn police officers. N.J.S.A. App. A:9-45 states that auxiliary police shall have the powers of a regular officer only during a declared emergency, disaster, or assigned training mission.

Regular police officers, regardless of rank or assignment, shall not relinquish their authority to any member of the auxiliary police.

Auxiliary police officers shall obey the instructions of any regular police officer except as provided in the Rahway Police Department Rules and Regulations.

Powers granted to the auxiliary police can be restricted and controlled in accordance with applicable laws, statutes, guidelines, and directives issued by the New Jersey Legislature, New Jersey Office of Emergency Management, New Jersey Attorney General, Middlesex County Prosecutor, City Council, or the Chief Law Enforcement Officer.

Auxiliary police personnel are covered by state and federal statutes for compensation insurance in case of death or personal injury only when on duty during a declared emergency, disaster, or assigned training mission.

Auxiliary police officers are provided with public liability protection equal to that provided to regular police officers.

Duty procedures.

The City of Rahway shall provide auxiliary police officers with a uniform. This uniform will be the property of the City of Rahway and must be returned at time of termination or resignation from the organization. The specific uniform worn will be outlined in the organization bylaws.

Auxiliary police officers shall document all tasks initiated or completed and shall report any and all incidents encountered during their tours of duty as necessary.

Auxiliary police officers shall be issued an ID number, which shall be used on all documentation, electronic or paper.

Auxiliary police officers must comply with all rules and regulations of the City of Rahway Police Department, those established for the Auxiliary Police Unit and applicable written directives as prescribed by the Chief of Police.

Before assuming their assignment(s), each auxiliary police officer shall report to the duty with the radio room sergeant and be logged into the CAD system.

All members are to log in to PowerDMS at the beginning and end of their shift from the training room computer in police headquarters.

The training division commander (TDC) will provide via PowerDMS a list of open auxiliary assignments that may be selected for completion of the monthly eight-hour service. The TDC will also assign the directed patrol assignments for auxiliary units based upon departmental needs via PowerDMS.

(8)

Auxiliary police units must follow all directed patrol assignments, unless cleared by the TDC.

(9)

Once on duty, whether for disasters, emergencies or training missions, they can be given assignments utilizing existing CAD codes to account for their duty time upon completion of their tour of duty.

Expulsion or suspension.

Auxiliary police personnel can be suspended or expelled for the following reasons:

Failure to obey a lawful order of a regular police officer;

Negligent or willfully improper conduct in his/her duties;

Violation of the provisions of this general order or any other applicable ordinance or statute, or any rule or department regulation, shall constitute grounds for suspension and/or expulsion from the organization.

If the Rahway Police Department's liaison, auxiliary police captain, or any regular police officer has reason to believe that there are grounds for expulsion or suspension of any member of the organization for any reason established in Subsection J (above), he/she shall prepare a written statement of the charges against such a member. If such charges are made by a line officer, other than the liaison or auxiliary police captain, they shall submit the written charges to the police liaison.

The auxiliary chief shall fix a date, time, and place when such charges against the member shall be heard and served upon that member in written copy. At that meeting, the auxiliary chief and liaison will hear the charges made against such member by the line officer making such charges.