ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE TO AMEND CHAPTER 25 OF THE CODE OF THE BOROUGH OF HAWTHORNE, DEPARTMENT OF PUBLIC SAFETY, ARTICLE II, POLICE DEPARTMENT, SO AS TO CREATE SECTION 25-12(A) AUXILIARY POLICE BE IT ORDAINED by the Municipal Council of the Borough of Hawthorne, in the County of Passaic and State of New Jersey, that: Preamble WHEREAS, the Municipal Council of the Borough of Hawthorne has recognized by duly adopted Resolution an auxiliary police organization to assist and augment the regular police force during disasters and other emergency conditions all in accordance with New Jersey Statute, Appendix A: 9, et seq, all duly adopted Executive Orders promulgated by the New Jersey Office of Emergency Management, and all rules, regulations and memoranda issued by the Local Emergency Management Coordinator and the Chief of Police; and WHEREAS, the Municipal Council wishes to further memorialize its recognition of the heretofore established Auxiliary Police Force and establish rules and procedures governing the interaction between the Auxiliary Police and the Hawthorne Police Department; and WHEREAS, it is the policy of the Hawthorne Police Department to utilize the Police Auxiliary as a supplement to police personnel in times of disaster or public emergency and assist in the training of the Police Auxiliary so as to maximize preparedness in times of disaster or emergency; and WHEREAS, it is the further stated intent of this legislation to establish the Police Auxiliary of the Borough of Hawthorne as being under the direct supervision of the Hawthorne Emergency Management Coordinator during a properly declared state or local emergency or disaster and under the direct supervision of the Chief of Police during period of bona fide training in preparation for such occurrence, such training being nevertheless as approved by the Municipal Council in cooperation with the Mayor and Borough Emergency Management Coordinator; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

2 Section 1. Chapter 25, Department of Public Safety, Article II, Police Department, is hereby amended and modified so as to create Section 25-12(A), Auxiliary Police, said ordinance to read as follows: Sec (A) Auxiliary Police Section 25-12(A)(1) Purpose Section 25-12(A)(2) General Provisions Section 25-12(A)(3) Supplemental Provisions Section 25-12(A)(1) Purpose There is hereby established in the Borough of Hawthorne an Auxiliary Police Department, heretofore created by Resolution duly adopted and now reestablished pursuant to this ordinance. The purpose of this ordinance is to establish rules and regulations regarding the Auxiliary Police Department, consistent with Appendix A, Chapter 9, National Defense and other directives of the State of New Jersey Director of Emergency Management or the Governor of the State of New Jersey. Section 25-12(A)(2) General Provisions A. All members of the Police Auxiliary must be residents of and maintain residence in the Borough of Hawthorne. Exceptions will be considered on a case by case basis and only when: 1. There is no auxiliary police program in the municipality in which the applicant resides; and 2. The applicant s residence is not more than five (5) miles from the nearest corporate borders of the Borough of Hawthorne; and 3. Upon approval of the Chief of Police. a. Any member of the Police Auxiliary Unit prior to (date of issue), without complying with the residency requirement, may continue membership. B. The selection criteria for membership in the Borough of Hawthorne Policy Auxiliary are the same a for regular police office and include:

3 1. Citizen of the United States and the State of New Jersey; 2. At least 18 years of age; 3. Able to read, write and speak the English language; 4. Good moral character (based upon contemporary standards); 5. Physically qualified to perform assigned duties. Physical disability is not a disqualifier if the person is able to perform assigned duties; 6. Free of criminal conviction involving moral turpitude; 7. Must possess a valid New Jersey driver s license by date of appointment if vehicle operation is required; 8. Meet such other requirements as are established in the Hawthorne Auxiliary Police Rules and Regulations; C. All auxiliary police officers are required to successfully complete a basic training course for auxiliary police prior to taking an oath of office. D. All auxiliary police officers, before assuming the duties of their office, shall take and subscribe to the oaths required by NJSA 41:1-1, et seq. The original executed oaths shall be filed with the Municipal Clerk. Copies shall be forwarded to: 1. The Police Auxiliary officer taking the oath; 2. The Chief of Police; 3. If not a Borough of Hawthorne resident, to the clerk of the municipality in which the officer(s) reside(s). E. Auxiliary police offices in good faith carrying out, and complying with, or attempting to comply with rules and regulations made and promulgated or performing any authorized

4 service shall have and possess all the rights, privileges and immunities conferred upon civilian defense volunteers by the laws of this State. F. Auxiliary police personnel are not regular sworn police officers. NJSA App. A:9-45 states that auxiliary police shall have the powers of a regular police office only during a declared emergency, disaster, or assigned training mission. 1. Regular police officers, regardless of rank or assignment, shall not relinquish their authority to any member of the Police Auxiliary. 2. Auxiliary Police officers shall obey the instructions of any regular police officer except as provided in the Borough of Hawthorne Police Department Rules and Regulations. 3. 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, Bergen County Prosecutor, Borough Council, or the Chief of Police. G. 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. H. Auxiliary police officers are provided with public liability protection equal to that provided to regular police officers. I. Auxiliary police personnel must comply with all rules and regulations of the Borough of Hawthorne Police Department, those established for the Police Auxiliary and applicable written directives as may be prescribed by the Chief of Police. J. Auxiliary police officers are prohibited from using their identification card, badge, or affiliation with the Borough of Hawthorne Police Auxiliary or the Borough of Hawthorne for any financial gain, advantage, or other unethical purpose. K. Arming of the Police Auxiliary with less lethal

5 weapons is authorized subject to the following: 1. The only authorized less lethal weapons are the: a. Baton: collapsible friction lock baton b. Oleoresin capsicum spray 2. Auxiliary officers are also authorized to carry and use handcuffs in comportment with any training] provided in basic training and/or in-service training provided by the police department. 3. Only those Police Auxiliary officers who have been instructed in the Borough of Hawthorne Police Department s use of force and weapons directives and have demonstrated proficiency with the above less lethal weapons are authorized to carry these weapons. 4. All Police Auxiliary officers must receive refresher training in the use of force and weapons directives and demonstrate proficiency with the above authorized less lethal weapons with the same frequency as regular police officers. 5. These authorized weapons and equipment can only be carried on duty during a disaster, declared emergency, or authorized training mission. 6. These authorized weapons must be stored in a safe manner while off duty to retard theft or unauthorized possession or use by unauthorized persons. 7. Police Auxiliary officers shall promptly report any lost or stolen weapons or equipment to the Borough of Hawthorne Police Department as soon as possible following discovery of the loss. 8. Any use of force must comply with the Borough of Hawthorne Police Department s use of force and weapons directives. L. UNDER NO CIRCUMSTANCES shall a Police Auxiliary officer initiate or participate in any motor vehicle pursuit or high-speed response. 1. A high speed response is any call response that

6 exceeds posted speed limit. 2. Auxiliary police are authorized to use emergency lights and sirens under certain conditions to include: a. Parades; b. Funerals; c. Other special events as authorized by the Chief of Police. 3. Police Auxiliary personnel are permitted to utilize a Borough of Hawthorne vehicle only when assigned during a declared emergency, disaster, or training mission, when clearly designated by sign or emblem denoting Auxiliary Police, and with the approval of the squad commander of designee. 4. Auxiliary Police are not authorized to utilize emergency lights or siren when driving to any fixed post assignment. M. The following list is representative of the functions which may be proper and appropriate for assignment to the Police Auxiliary. The list is not all inclusive and other functions may be assigned at the discretion of the Chief of Police or designee. 1. Vehicular and pedestrian traffic control; 2. Receive and disseminate warnings or information and instructions to the public as directed; 3. Crowd and assemblage control; 4. Security of Federal, State, County or local government buildings, excluding the Municipal Court, within the Borough of Hawthorne; 5. Assist with staffing and functioning of the Borough s Emergency Operations Center, field command posts, staging areas, or police headquarters operations; 6. Enforcement of law and maintenance of order as required and/or directed;

7 7. Satisfactory documentation of all assigned tasks initiated or completed, and reporting unusual incidents encountered during assigned duty. Section 25-12(A)(3) Supplemental Provisions A. Auxiliary police officers are required to attend mandatory training made necessary by their assignment or duties. Those training topics statutory required of regular police officers shall be provided. These topics include, but are not limited to: 1. Use of Force; 2. Weapons proficiency (authorized less lethal); 3. Right to Know; 4. Hazardous Materials Awareness; 5. Other topics mandated by the Chief of Police. B. Annually, the Chief of Police or designee shall submit to the State Director of Emergency Management the names and addresses of current Police Auxiliary officers and an outline of the proposed training program. C. Police Auxiliary officers shall receive annual performance evaluations in accordance with the Hawthorne Police Department s Performance Evaluation directive. 1. All Police Auxiliary personnel shall be evaluated. 2. Personnel should be evaluated by their immediate surpervisor/commander. 3. The Auxiliary Police Captain shall be evaluated by the Police Liaison or designee. Section 2. If any section, subsection or part of this ordinance is adjudged by a Court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not impair or invalidate the remainder of this ordinance.

8 Section 3. Except to the extent amended hereunder, all other parts or sections of Chapter 44, Police, shall remain in full force and effect. All parts and provisions of any ordinance which are inconsistent with the provisions of this ordinance shall be repealed to the extent of such inconsistency. Section 4. This Ordinance shall take effect 20 days after final adoption and publication as provided by law. John Bertollo Council President Attest: Susan Witkowski, RMC Borough Clerk NOTICE OF PENDING ORDINANCE The Ordinance published herewith was introduced and passed upon first reading at a meeting of the Municipal Council of the Borough of Hawthorne, in the County of Passaic, New Jersey, held on April 18, It will be further considered for final passage after public hearing thereon at a meeting of said Municipal Council to be held in the Municipal Building, 445 Lafayette Avenue, in said Borough on May 16,2012 at 7:00 p.m., at which time and place all interested members of the public who desire will be given an opportunity to be heard in connection with said Ordinance. Susan Witkowski, RMC Borough Clerk