[HISTORY: Adopted by the Township Committee
of the Township of Andover by Ord. No. 94-6 (Ch. IV of the 1973 Code);
as amended through Ord. No. 99-18. Subsequent amendments noted where
applicable.]
[Amended 11-26-2002 by Ord. No. 2002-29]
There is hereby created in and for the Township
of Andover, a Police Department which shall consist of a Chief of
Police, one Lieutenant, three Sergeants and no more than 10 police
officers. The Township Committee shall determine the compensation
for each position.
The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Township of Andover;
direct and control traffic; provide attendance and protection during
emergencies; provide appearances in court; cooperate with all other
law enforcement agencies; and provide training for the efficiency
of its members and officers.
[Amended 8-14-2002 by Ord. No. 2002-21; 9-11-2002 by Ord. No. 2002-24; 4-14-2004 by Ord. No.
2004-6; 10-27-2004 by Ord. No. 2004-18]
Pursuant to N.J.S.A. 40A:14-118, the governing
body is the appropriate authority. The appropriate authority shall
be responsible for the overall performance of the Police Department
and shall adopt and promulgate rules and regulations for the government
of the Police Department and for the discipline of its members.
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the appropriate
authority for its efficiency and routine day-to-day operations. Pursuant
to policies established by the appropriate authority, the Chief of
Police shall:
A.
Administer and enforces rules and regulations and
special emergency directives for the disposition and discipline of
the Police Department and its officers and personnel;
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department;
C.
Prescribe the duties and assignments of all subordinates
and other personnel;
D.
Delegate such of his authority as he may deem necessary
for the efficient operation of the Police Department to be exercised
under his direction and supervision; and
E.
Report at least monthly to the appropriate authority
in such forms as shall be prescribed by such authority on the operation
of the Police Department during the preceding month, and make such
other reports as may be requested by such authority.
[Amended 2-17-2022 by Ord. No. 2022-04]
A.
No person
shall be appointed to the Police Department who is not qualified as
provided in the New Jersey statutes. Appointments for entry-level
police 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. Pursuant
to N.J.S.A. 11A:4-1.3, the State of New Jersey has authorized that
municipalities may hire entry-level police officers who have successfully
completed a Basic Course for Police Officers at a school approved
and authorized by the New Jersey Police Training Commission, and such
applicant may be exempt from the requirement to take the Civil Service
examination for an entry-level law enforcement position in the discretion
of the Township. In appropriate circumstances, therefore, an applicant
may be hired without having taken a Civil Service examination. The
Township Committee may also require that an applicant for appointment
to the Police Department shall successfully complete a physical, mental
and psychological examination.
C.
The appointing
authority shall first appoint all qualified applicants in Class I
and then qualified applicants in each succeeding class in the order
listed above and shall appoint a person or persons in any such class
only to a position of employment or employments remaining after all
qualified applicants in the preceding class or classes have been appointed
or have declined an offer of appointment. The preference established
herein shall in no way diminish, reduce or affect the preferences
and/or requirements pursuant to any other provisions of the law. This
shall not impact the one-year mandatory residency requirements for
all hired police officers pursuant to N.J.S.A. 40A:14-123.1.
No member or officer of the Police Department
shall be suspended, removed or fined 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.
The Township Committee may appoint from time
to time special law enforcement officers in accordance with New Jersey
statutes for terms not exceeding one year. They shall possess and
exercise all the powers and duties provided by said 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
Chief of Police 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.
[Amended 11-12-2003 by Ord. No. 2003-18]
A.
Purpose. For the convenience of those persons and
entities which utilize the services of off-duty law enforcement officers
of the Andover Township Police Department (Police Department) and
to authorize the outside employment of Township police while off-duty,
the Township hereby establishes a policy regarding the use of said
officers.
(1)
Members of the Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Township.
(2)
Any person or entity wishing to employ off-duty police
shall first obtain the written approval of the Chief of Police, which
approval shall be granted if in the sole opinion of the Chief, such
employment would not be inconsistent with the efficient functioning
and good reputation of the Police Department, and officer or officers
who are to perform the work.
B.
Escrow accounts.
(1)
Any person or entity requesting the services of an off-duty law enforcement officer shall obtain approval of the Chief of Police by providing an estimate of the number of hours such law enforcement services are required, establishing an escrow account with the Township Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D hereof for the total estimated hours of service, as well as any additional escrow amounts as may be required.
(2)
Prior to posting any request for services of off-duty
law enforcement officers, the Chief of Police or his designee shall
verify that the balance in the escrow account of the person or entity
requesting services is sufficient to cover the compensation and fees
for the number of hours specified in the request for services. No
services shall be performed by any off-duty law enforcement officer
unless all fees and compensation required in the manner described
above have been deposited with the Township Treasurer. No officer
shall provide any such services for more hours than are specified
in the request for services.
(3)
In the event the funds in the escrow account become
depleted, the services of off-duty law enforcement officers shall
cease, and continuing services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
(4)
The person or entity requesting such services shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services.
C.
Requests for services. All requests to the Township
for the services of off-duty law enforcement officers in the Andover
Township Police Department shall be forwarded to the Chief of Police
for posting at least 10 days before such services are required. Any
law enforcement officers, when so employed by the Township, shall
be treated as an employee of the Township; provided, however, that
wages earned outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed, nor shall hours
for outside employment be considered in any way compensable as overtime.
[Amended 10-27-2008 by Ord. No. 2008-18]
D.
Rates of compensation; administrative fee; payment
for services.
(1)
Rates of compensation for contracting the services of off-duty law
enforcement officers shall be $76.50 per hour effective through December
31, 2019. Effective January 1, 2020, the rate of compensation shall
be based on a rate equal to time and one-half of top step Sergeant,
according to the salary guide within the collective bargaining agreement
between the Township of Andover and FOP Lodge No. 177.
[Amended 2-9-2015 by Ord.
No. 2015-01]
(2)
An additional fee of $5 per hour is hereby established
to cover administrative costs, overhead, and out-of-pocket expenses
of the Township of Andover.
[Amended 8-25-2008 by Ord. No. 2008-13]
(3)
Payment to off-duty law enforcement officers for outside
employment shall be made through the Township payroll process and
shall be made on a separate check and shall not be added to the base
pay.
E.
Indemnification and hold harmless. Prior to the performance
of services by any off-duty law enforcement officer, the person or
entity requesting such services shall agree, in writing, to defend,
indemnify and hold harmless Andover Township, its officers, officials,
agents and employees from any and all liability, claims, losses, suits,
actions, demands, damages, costs and attorneys' fees that may arise
as a result of activities or actions of such officers which arise
from the police officers' employment.
F.
Insurance. The person or entity requiring such services
shall provide Andover Township, prior to utilization of the Township
police officer, with a certificate of insurance from an insurance
company acceptable to the Township evidencing:
(1)
Workers' compensation and employer's liability coverage
in accordance with the laws of the State of New Jersey; and
(2)
Commercial general liability insurance with limits
of $1,000,000 per occurrence and $2,000,000 general aggregate; combined
single limit for bodily injury and property damage; including premises/operations,
broad-form contractual liability and personal and advertising injury.
All rules, regulations, procedures and orders
previously adopted by the Township Committee by resolution not in
conflict with the provision of this amended chapter shall remain in
force.
