§ 3-13. Police Department.

A. 

There shall be a Police Department of the Borough, which shall:

(1) 

Preserve the public peace, prevent crimes, detect and arrest offenders against all applicable penal laws and ordinances, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblies and preserve order at all elections and public meetings and assemblages.

(2) 

Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and to make rules and regulations not inconsistent with the charter, ordinance and general law for such purpose.

(3) 

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 state or municipal licenses or permits.

(4) 

Provide proper police attendance and protection at fires.

(5) 

Enforce all applicable laws and ordinances and prevent the violation of them by any person; apprehend and arrest all persons legally charged with violations of any law or ordinance.

(6) 

Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of persons charged with crimes and other violations of the law, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

(7) 

Provide training to maintain and improve the police efficiency of the members of the Department.

B. 

The Department shall consist of the following personnel and line of authority: Chief of Police, a maximum of two Lieutenants, a maximum of five Sergeants, a maximum of 15 police officers or probationary officers, and such police matrons, school crossing guards and other Class I, Class II or Class III Special Officers and employees as the Borough may from time to time appoint.

[Amended 10-23-2006 by Ord. No. O-21-06; 12-3-2007 by Ord. No. O-19-07; 7-16-2018 by Ord. No. O-14-18]

C. 

Each member shall comply with all of the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer unless the person has first been given a probationary or temporary appointment to the office for a period of not less than one year and received a satisfactory psychological examination and has successfully completed a police training course at an approved school, pursuant to the provisions of the Police Training Act (N.J.S.A. 52:17B-66 et seq.).

D. 

The Rules and Regulations of the Police Department originally adopted March 25, 2002, are hereby amended and adopted by reference on October 19, 2015. Copies of the Rules and Regulations will be kept on file in the office of the Administrator, the office of the Police Chief and in the office of the Police Department. A copy shall be assigned to each member of the Department.

[Amended 10-23-2006 by Ord. No. O-21-06; 3-26-2012 by Ord. No. O-04-12; 9-8-2014 by Ord. No. O-14-14; 10-19-2015 by Ord. No. O-19-15]

E. 

The Mayor, through the Chair of the Public Safety Committee of the Borough Council, is hereby designated, pursuant to N.J.S.A. 40A:14-118, as the person to whom the Chief of Police shall be directly responsible for the efficiency and routine day-to-day operations of the Police Department.

F. 

The Mayor and Council may establish such policies in accordance with the law as they deem appropriate for the operation of the Police Department.

G. 

Chief of Police; powers and duties. The Mayor and Council shall appoint a Chief of Police who shall have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall be directly responsible to the Mayor and Council for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the Mayor and Council:

[Amended 3-21-2016 by Ord. No. O-11-16]

(1) 

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

(2) 

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

(3) 

Prescribe the duties and assignments of all subordinates and other personnel.

(4) 

Delegate authority as the Chief may deem necessary for the efficient operation of the force to be exercised under the Chief's direction and supervision.

(5) 

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

H. 

For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Wharton Borough Police Department and to authorize the outside employment of Borough police while off duty, the Borough 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 time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough.

(2) 

Any person or entity wishing 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 Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.

(3) 

Escrow accounts. Any person or entity requesting the services of an off-duty law enforcement officer in the Wharton Borough 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 Treasurer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection H(8) for the total estimated hours of service.

(4) 

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. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Borough Treasurer. No officer shall provide any such services for more hours than are specified in the request for 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.

(6) 

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.

(7) 

Requests for services. All requests to the Borough for the services of off-duty law enforcement officers in the Wharton Borough Police Department for a period of one week or longer shall be forwarded to the Chief of Police for posting at least 10 days before such services are required. Any law enforcement officer when so employed by the Borough shall be treated as an employee of the Borough; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.

(8) 

Rates of compensation; administrative fee; payment for services. Rates of compensation for contracting the services of off-duty law enforcement officers are established as follows: The rate shall be as stated in the current contract between the Borough of Wharton and the Wharton Fraternal Order of Police. An additional fee of 10% per hour of the current fee is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Borough of Wharton. The administrative rate may only be amended or waived by resolution of the Mayor and Council.

I. 

Police Chaplain.

[Added 12-27-2016 by Ord. No. O-25-16]

(1) 

Position created. The position of Police Chaplain for the Borough of Wharton Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Chaplain shall be subject to the control of the Chief of Police.

(2) 

Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. All Chaplains shall be subject to the residency requirements of the Code of the Borough of Wharton. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Borough of Wharton Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.

(3) 

Duties of Police Chaplain. The duties of Police Chaplain shall include, but not be limited to, assisting the Borough of Wharton Police Department in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.

(4) 

Rank and salary. Any person appointed as Chaplain shall serve in that capacity without rank or salary.

(5) 

Term of office. A person appointed as Chaplain shall serve for a period of one year from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.

(6) 

Appointment. The Chief of Police may recommend to the Mayor persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141, as well as the rules and regulations of the Borough of Wharton Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police to determine his/her qualifications in accordance with this subsection and shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor shall appoint Chaplains in accordance with this subsection with the advice and consent of Borough Council.