TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE NO. 2024-14

AN ORDINANCE AMENDING CHAPTER 2, §2-060 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF NORTH HANOVER BY ESTABLISHING A NEW §2-060.25 ENTITLED “SPECIAL LAW ENFORCEMENT OFFICERS”

SECTION 1. §2-060.25 Special Law Enforcement Officers.

A. The Township Committee may appoint from time-to-time special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq., and further subject to the North Hanover Township Rules and Regulations referenced herein, for terms not exceeding one year.

B. Special law enforcement officer (SLEO) shall mean any person appointed annually by the governing body 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 a municipal police department, or to provide assistance to a police department during unusual or emergency circumstances, and to provide security in a school system within North Hanover Township. Nothing herein shall be construed to require reappointment at the expiration of the term.

C. No special law enforcement officer, by virtue of his/her appointment as such, shall be or become a regular member of the police department.

D. Special law enforcement officers shall be at-will part-time employees assigned for not more that the number of hours prescribed by applicable provisions of the Special Law Enforcement Officers Act except that pursuant to N.J.S.A. 40A:14-146.16, the Township Committee may designate one special law enforcement officer to whom the limitation on hours employed shall not apply. Special law enforcement officers can be terminated for cause after adequate hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing.

E. Not more than seven special law enforcement officers may be employed by the Township. The number of SLEO Class II officers employed by the North Hanover Township Department shall not exceed 25% of the total number of regular police officers pursuant to N.J.S.A. 40A:14-146.17.

F. Every special law enforcement officer, while on duty, shall abide by the Police Department Rules and Regulations and those policies, general order or standard operating procedures established by the Chief of Police.

G. No person shall be appointed as a special law enforcement officer unless the person meets the criteria of N.J.S.A. 40A:14-146.10, including but not limited to the provision that the person:

(1) Is legally permitted to work in the United States.

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

(3) Is at least 18 years of age.

(4) Shall possess and maintain a valid New Jersey driver’s license.

(5) Shall be able to read, write and speak the English language well and intelligently and have a high school diploma or its equivalent.

(6) Shall be sound in body and of good health and be able to perform the physical functions of the duties assigned.

(7) Shall be of good moral character and shall not have been convicted of any crime or offense involving moral turpitude (dishonesty) or a crime or offense that would render him/her unfit for duty.

(8) Shall successfully undergo the same psychological testing that is required of full- time police officers.

(9) Additionally, SLEO III personnel:

a. Must be retired law enforcement officers who are less than 65 years of age. For the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer’s return to employment violates any federal or state law or regulation, which would deem the officer’s retirement as not being bona fide;

b. Must have served as a duly qualified, fully trained, full-time officer in any municipality or county of this state or as a member of the New Jersey State Police and was separated from that prior service in good standing, within three years of appointment. Good standing means to exclude a retirement resulting from injury or incapacity;

c. Must be physically capable of performing the functions of the position, determined in accordance with PTC guidelines;

d. Must possess a valid New Jersey PTC basic police officer certification or New Jersey State Police Academy certification; and

e. Must be hired only in a part-time capacity.

H. Training and Classification of special law enforcement officers/duties. No person shall be appointed a special law enforcement officer unless the person successfully completes the training requirements of N.J.S.A. 40A:14-146.11 or receives a statutory exception. There shall be three classifications for special law enforcement officers, which shall be based upon the duties to be performed by the special law enforcement officer as follows:

(1) SLEO Class I Officers shall be authorized to perform routine traffic detail, spectator control and similar duties. Class I officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class I officer shall be assigned any duties which may require the carrying or use of a firearm.

(2) SLEO Class II (SLEO II) are authorized to perform all duties of regular full-time police officers subject to the authorization of the Chief of Police.

a. SLEO II are authorized to carry firearms and must qualify and demonstrate proficiency with the same frequency as regular police officers.

b. SLEO II are authorized to carry designated mechanical and enhanced mechanical force weapons while on duty and must qualify and demonstrate proficiency with the same frequency as regular police officers.

c. SLEO II are authorized to utilize handcuffs and other restraining devices consistent with this department’s policies and only after demonstrating proficiency in the use of these devices.

d. SLEO II have the power of arrest and the authority to issue summonses and uniform traffic tickets the same as regular full-time police officers. SLEO II can enforce crimes, disorderly person offenses, petty disorderly person offenses and Township ordinances.

(3) SLEO Class III (SLEO III) are authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school premises while occupied by the public or nonpublic school students and/or its staff.

a. SLEO III are authorized to carry a handgun and must qualify and demonstrate proficiency with the handgun and any other authorized firearms with the same frequency as regular police officer but must first comply with the requirements of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

b. SLEO III are authorized to carry designated mechanical and enhanced mechanical force weapons while on duty and must qualify and demonstrate proficiency with the same frequency as regular police officers.

c. SLEO III are authorized to utilize handcuffs and other restraining devices consistent with this department’s policies and only after demonstrating proficiency in the use of these devices.

d. SLEO III are not eligible for health care benefits or enrollment in any state- administered retirement system.

e. The Township Committee shall make appointments for all SLEO III. The Chief of Police shall certify the eligibility and qualifications of all applicants, in writing, to the Township Committee prior to appointment.

SECTION 3: This Ordinance shall take effect upon final passage and publication according to law.

SECTION 4: All Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.

SECTION 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.

NOTICE

This Ordinance published herewith was introduced and passed upon first reading at the regular meeting of the Township Committee of the Township of North Hanover held on September 19, 2024. It will be further considered for final passage after a public hearing to be held on October 3, 2024, at the Municipal Building, 41 Schoolhouse Road, Jacobstown, NJ at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time and place any person desired to be heard upon the same will be given an opportunity to be heard. Copies of said ordinance are available to any member of the general public who wants a copy of the ordinance, free of charge at the Municipal Clerk’s Office located in the Township Municipal Building, Monday through Friday, 8:30 a.m. to 4:30 p.m.

______________________________
Mary Picariello, RMC/CMR/CTC Municipal Clerk

Vote on Introduction:

NOTICE

The ordinance read by title upon second reading herewith has been adopted at the meeting of the Township Committee of North Hanover Township, held on October 3, 2024.

_________________________

Mary Picariello, RMC/CMR/CTC

Municipal Clerk

Vote on Adoption: