Borough of Carteret, NJ
Middlesex County
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[HISTORY: Adopted by the Borough Council of the Borough of Carteret as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Mutual aid — See Ch. 35.
Personnel policies — See Ch. 38.
[Adopted 9-18-1997 by Ord. No. 97-29[1]]
[1]:
Editor's Note: This ordinance also repealed former Ch. 42, Police Department, adopted 12-15-1970 as Ch. IV of the 1970 Revised Ordinances, as amended. This ordinance was vetoed by the Mayor 10-1-1997, which veto was overridden by Council 10-2-1997.

§ 42-1 Establishment; purpose.

A. 
There is hereby established a Police Department in the Borough of Carteret, County of Middlesex and State of New Jersey, pursuant to the provisions of N.J.S.A. 40A:14-118 et seq. This article is intended to ratify the existence and operation of the Police Department which has historically operated within and served the Borough of Carteret and at the same time satisfy the statutory requirements of the legislation amended in 1981 and 1988, respectively.
B. 
The mission and purpose of this Police Department are generally threefold; to preserve life and property; to provide a general police service for the residents of the Borough of Carteret, Middlesex County, State of New Jersey; to enforce federal, state, county and municipal laws, statutes and ordinances; and as hereinafter may be more expressly defined.

§ 42-2 Composition.

The Police Department will consist of one appropriate authority, one Police Director, one Chief of Police and such Deputy Police Chiefs, Captains, Lieutenants, Sergeants, Detectives, patrolman, special patrolmen and civilian employees as deemed necessary and appropriate by the appropriate authority in their discretion and judgment, with the approval of the governing body. The appropriate authority and/or the governing body may, from time to time, leave one or more of the above positions vacant as they see fit. The express purpose for naming these offices is to establish a statutory line of authority from all police employees to higher-elected authority. Whenever any such office, including the Office of Chief of Police, is intentionally left vacant, it will be deemed not to exist and will be bypassed in the chain of command. (e.g., if the governing body chose to no longer have Sergeants of Police, then all civilian employees, patrolmen and Detectives would answer directly to a Lieutenant in lieu thereof.) The appropriate authority, with the approval of the governing body, may thereafter recreate or resurrect an office that has been so abolished by naming a person to fill said office. No person may be appointed to the Carteret Borough Police Department until they have satisfied all statutory requirements and have complied with the selection process and standards established by the rules and regulations adopted by the appropriate authority to govern the Police Department.

§ 42-3 Jurisdiction.

A. 
Appropriate authority. The Police Department shall come under the jurisdiction of the appropriate authority, which position is hereby created pursuant to N.J.S.A. 40A:14-118. Said appropriate authority shall be the Police Committee or any person designated by the Police Committee subject to the approval of the Borough Council pursuant to N.J.S.A. 40A:60-6. The appropriate authority shall be responsible directly to the governing body. The Chief of Police shall be directly responsible to the appropriate authority for the day-to-day operation of the Police Department pursuant to policies established by said appropriate authority. The appropriate authority is hereby vested with the duty of and shall be responsible for the promulgation, adoption, updating and/or ratification of rules and regulations for police personnel which shall be known as the "Rules and Regulations for the Police Department of the Borough of Carteret." (N.J.S.A. 40A:14-118). In the absence of the appointment of a full-time professional Director of Public Safety and/or a Police Director, the Chairman of the Police Committee shall have the title of Police Director. The Chairman of the Police Committee or his designee shall be the signatory for the appropriate authority in all such matters subject to the approval of said Police Committee.
B. 
Hearing Authority.
(1) 
In the event of any disciplinary proceedings against any member of the Police Department of the Borough of Carteret below the rank of Chief of Police, the Police Director or his designee shall be the sole hearing authority and person(s) in charge of all such proceedings. The decision of the hearing officer(s) shall be final and binding. The right of appeal shall be to the New Jersey Superior Court or the New Jersey Department of Personnel, as applicable and pursuant to law.
(2) 
In the event of any disciplinary proceedings against the Chief of Police of the Borough of Carteret, the appropriate authority or their designee shall be designated as the hearing authority and in charge of all such proceedings. The decision of said hearing authority shall be final and binding. The right of appeal shall be to the New Jersey Superior Court or the New Jersey Department of Personnel, as applicable and pursuant to law.
(3) 
In the event that a designated hearing authority is utilized, pursuant to Subsection B(1) above, and the designated hearing authority is to be an officer within the Carteret Borough Police Department (e.g. Chief of Police), only a person of greater rank than the person charged may be so designated for that purpose. If a designated hearing authority is utilized pursuant to Subsection B(2) above, for hearings involving charges against the Chief of Police, it must be the Police Director or Special Counsel. Whenever Special Counsel is designated to be the hearing authority pursuant to either Subsection B(1) or (2) above, prior approval must be obtained by resolution of the governing body.
C. 
Charging Authority.
(1) 
In the event that a Carteret Borough Police Department officer is to be charged in a disciplinary action and said employee is subordinate to the rank of the Chief of Police, only the Chief of Police or his designee may initiate such charges (N.J.S.A. 40A:14-118). In the event that the Office of the Chief of Police has been abolished through intentional vacancy, pursuant to § 42-2, then the Police Director or his designee shall function as the charging authority. Failure to initiate charges when the same are indicated may constitute a neglect or dereliction of duty [Gauntt v. Bridgeton, 194 N.J. Super. 468, 477 A.2d 381 (App. Div. 1984)], but the function of the charging authority may not be circumvented.
(2) 
In the event that the Chief of Police for the Borough of Carteret is to be charged in a disciplinary action against the Chief, the Police Director or Special Counsel named by the Police Director to act on his behalf shall be the charging authority. The Police Director is hereby empowered to name a designated Special Council to function as an alternative charging authority without prior Council approval in an emergency. This is necessitated by the statutory time lines involved in the charging process. Notwithstanding this authority, at the earliest opportunity, the Police Director shall inform Council of the action that he has taken and obtain its approval.
(3) 
Any person(s), whether Police Officer, Special Counsel, Police Director or the appropriate authority, who serves in an investigative capacity and/or as the charging authority relevant to a Carteret Borough Police Department disciplinary action; he or they may not thereafter be designated as or serve as the hearing authority in that same disciplinary action.

§ 42-4 Appeals.

Any subordinate employee seeking to appeal disciplinary charges shall do so, in writing, submitted to the Office of the Chief of Police. Said appeal shall be filed within five days, not including Saturdays, Sundays and holidays, of the date said charges were served upon said employee. When charges are filed against the Chief of Police, he shall, within five days, not including Saturdays, Sundays and holidays, file said appeal with the Police Director. In either event, the appropriate authority shall schedule a hearing in accordance with the provisions of this article and state statute. A preliminary notice of disciplinary action served on any employee shall contain the date, time and location for a prospective hearing as required by statute. That hearing date may be postponed at the discretion of the hearing authority within the statutory time lines. Any postponement beyond the statutory thirty-day time line would generally require a waiver of the thirty-day rule by the employee and a formal request for said postponement. However, all employees are put on notice that a failure to submit the required written request for an appeal would constitute an act of insubordination and may affect the employee's rights pertaining to said statutory time lines, the discovery proceedings, as well as other legal rights and remedies appurtenant thereto.

§ 42-5 Special law enforcement officers.

The Police Director shall, with the approval and consent of the governing body, appoint special law enforcement officers as he or they may deem necessary. They shall be a part of the Police Department established herein and subject to all the laws, rules and regulations governing the same. Pursuant to N.J.S.A. 40A:14-146.8 et seq., the term of said appointment shall be at the discretion of the governing body, but in no event shall exceed one year. The personnel referred to in this section shall be compensated at such hourly rate as designated in the Borough's Salary Ordinance. Said personnel shall serve for the appointed term only and at the compensation, if any, established by ordinance or as modified or changed by the governing body.

§ 42-6 Civilian employees.

The appropriate authority shall, with the approval and consent of the governing body, appoint such civilian members of the Police Department to serve in the services division as he or they may deem necessary. Said members are to serve as school crossing guards and/or to provide dispatching services, clerical duties and logistical duties in support of the Police Department. Such civilian employees will serve in the job classifications created for that purpose, but not necessarily limited to the same. The police administration will immediately prepare a general order listing the job titles and job descriptions for all civilian employees currently serving in the Carteret Borough Police Department and as listed in § 4-21. (Note: This ordinance specifically saved from repeal § 4-21, Police Department.)

§ 42-7 Table of organization.

A. 
A graphic table of organization (TO) shall be maintained by the police administration to show the following:
(1) 
The Carteret Borough Police Department divisional structure.
(2) 
The Carteret Borough Police Department personnel structure.
B. 
The express function of each position will be as defined within the Rules and Regulations of the Carteret Borough Police Department promulgated by the appropriate authority, but is not necessarily limited to the same.

§ 42-8 Monthly reports.

The Chief of Police shall submit monthly reports to the appropriate authority in such form as shall be proscribed by said authority on the operation of the force during the preceding month and make such other reports as may be requested by said appropriate authority.

§ 42-9 Policies established.

Pursuant to N.J.S.A. 40A:14-118, the Chief of Police, if such office is filled, shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof and that he shall "... pursuant to policies established by the appropriate authority" perform  his assigned duties. Therefore, the appropriate authority shall issue whatever operations orders, general orders or standard operating policies that they deem appropriate and necessary for the operation of their department. Other than for emergency directives, any such operational policies promulgated by the Chief of Police shall require ratification by the appropriate authority. All such policies will be submitted to the appropriate authority and will take effect 10 days later absent a response from the appropriate authority to the contrary. This will hereafter be referred to as the "ten-day review rule."

§ 42-10 Emergency directives.

Nothing herein contained shall infringe upon or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives. (N.J.S.A. 40A:14-118)

§ 42-11 Hours of employment.

The standard previously established by ordinance is expressly carried forth and continued herein. The hours of employment of sworn and/or uniformed members of the Police Department shall not exceed eight consecutive hours in any one day or 40 hours in any one week, provided that, in case of an emergency, the officer, board or other official having charge or control of the Police Department or police system shall have full authority to summon and keep on duty any and all such members during the period of emergency. The forty hours per week requirement may, with approval of the appropriate authority, be satisfied over an extended work period as provided by § 7K of the Fair Labor Standards Act.

§ 42-12 Appointment.

A. 
All members of the Police Department shall be appointed to the appropriate authority, with the advice and consent of the governing body, and are to hold their offices as provided by law.
B. 
No person shall be appointed as a member of the Police Department in the Borough of Carteret who has failed, prior thereto, to have duly executed and signed a written application for such employment, upon a form supplied by the Borough Clerk, requiring relevant data to be submitted by the applicant therein, and shall have also indicated therein his willingness to undergo a required preemployment physical examination and a preemployment psychiatric examination.
C. 
Appointments to new positions or offices or to fill vacancies shall also be subject to state laws, including Civil Service/Department of Personnel requirements, where applicable.

§ 42-13 Qualifications.

A. 
Each applicant shall comply with all the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a Police Officer in the Borough unless he has first been given a probationary or temporary appointment to such office for a period of one year after successfully completing a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1961 and amendments thereto.
B. 
No person shall be appointed to the Police Department as a regular or probationary member unless, at the time of making application, he is between the age of 21 and 35 years of age, except as otherwise provided by law. The applicant shall be a citizen of the United States of America, the State of New Jersey and preference shall be given to those applicants who have been residents of the Borough of Carteret for a period of at least six months prior to the date of application.

§ 42-14 Oath of Allegiance.

Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office. Such oath or affirmation shall be filed with the Borough Clerk.

§ 42-15 Rules and regulations.

A. 
The appropriate authority pursuant to N.J.S.A. 40A:14-118 is hereby authorized to update, adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members with a view to making the Police Department and all members thereof efficient, vigilant and effective in the service of the Borough of Carteret. Said rules and regulations will be in manual form and shall be called the "Rules and Regulations of the Police Department for the Borough of Carteret" and shall govern the conduct of and be binding upon the entire membership of said Police Department, including the Chief and all subordinates as listed in § 42-2 hereof. Said Rules and Regulations shall provide for penalties and forfeitures for violations thereof.
B. 
The Rules and Regulations, which shall include all parts of the Police Ordinance of the Code for the Borough of Carteret, shall be distributed in manual form as follows:
(1) 
A serialized copy will be issued to and signed for by each employee of the Police Department for the Borough of Carteret.
(2) 
The Chief may no longer amend or change these rules except through action taken by the appropriate authority.
(3) 
A copy will be maintained by the Borough Clerk for the personnel designated as special officers and to provide public access to the same.
C. 
All members and employees who are assigned a manual shall be responsible for its maintenance and care. Said manuals shall remain the property of the Borough of Carteret, County of Middlesex, State of New Jersey, and, upon separation from police service, each person is bound to return the same. Each person will be responsible for the security of his/her manual and loss of the same will constitute neglect of duty and will result in disciplinary action. All manuals shall be kept current and supplementary pages concerning additions, revisions or amendments shall be promptly and properly inserted. No Police Department operating policies will be inserted as part of this manual unless and until properly assimilated by the appropriate authority and endorsed by their signatory.
D. 
Each police officer and each civilian employee is duty bound to thoroughly familiarize himself/herself with the provisions of the police manual. Failure to comply shall be considered neglect of duty.
E. 
In the event that neglect of duty is charged against a member for failure to observe the rules and regulations or Department procedures or orders, ignorance of any provision of this manual will not be accepted as an excuse.
[Adopted 7-16-1998 by Ord. No. 98-29]

§ 42-16 Establishment; mission and purpose.

A. 
A Police Department in the Borough of Carteret, County of Middlesex and State of New Jersey, has been established pursuant to the provisions of N.J.S.A. 40A:14-118 et seq. and the Borough Police Ordinance (#97-29).[1] This article is intended to be companion legislation to the Police Ordinance and to provide for the derivative powers of a Police Director.
[1]:
Editor's Note: See Art. I, Establishment and Organization, of this chapter.
B. 
The mission and purpose of said Police Department is generally threefold: to preserve life and property; to provide a general police service for the residents of the Borough of Carteret, Middlesex County, State of New Jersey; to enforce federal, state, county and municipal laws, statutes and ordinances; and as may be more expressly defined in the Police Ordinance previously enacted.

§ 42-17 Full-time, salaried position created.

A full-time salaried position of Director of Police in and for the Borough of Carteret, County of Middlesex, and State of New Jersey, is hereby created.

§ 42-18 Appointment authority; term of office; salary.

A. 
As the executive head of the Police Department, the Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint such police personnel and other special law enforcement officers as he/she or they may deem necessary (See Ordinance #97-29, § 42-2) and perform all the duties expected of a municipal department head, and as may be further expressed herein, and/or as assigned by the appropriate authority.
B. 
The term of office of said Director of Police will be for not less than three years nor more than five years as may be provided for in a contract negotiated between the Police Committee, on behalf of the Borough, and the Director of Police.
C. 
The salary and benefits will be as provided in said contract and/or the Borough's salary ordinance.
D. 
Renewal of any such contract is permitted subject to the negotiation process. Such negotiations will be between the Police Committee in office at the time the previous contract is set to expire and the Director of Police. The Police Director is not a tenured position and he, therefore, can be removed from office at any time by the Police Committee, subject to ratification by the Borough Council, the language of the applicable contract and the statutory and common law of this state.

§ 42-19 Appointment of civilian employees.

The Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint such civilian members of the Police Department to serve in the services division as he/she or they may deem necessary. Said members are to provide dispatching services, clerical duties and logistics in support of the Police Department.

§ 42-20 Management of work force.

The Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint, promote, assign or reduce in force for reasons of economy all police personnel employed by the Borough of Carteret.

§ 42-21 Table of organization.

A. 
A graphic table of organization (TO) shall be maintained by the Director of Police to show the following:
(1) 
The Carteret Borough Police Department divisional structure.
(2) 
The Carteret Borough Police Department personnel structure.
B. 
The express function of each position will be as defined within the rules and regulations of the Carteret Borough Police Department promulgated by the appropriate authority, but is not necessarily limited to the same.

§ 42-22 Monthly reports.

The Director of Police shall submit monthly reports to the appropriate authority in such form as shall be prescribed by said authority, on the operation of the force during the preceding month and make such other reports as may be requested by said appropriate authority.

§ 42-23 Policies established to govern operations.

Pursuant to N.J.S.A. 40A:14-118, the Director of Police, if such office is filled, and in the absence of a duly appointed Chief of Police, shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof and he shall, pursuant to policies established by the appropriate authority, perform his assigned duties. Therefore, the Director of Police shall issue whatever operations orders, general orders or standard operating policies that he/she deems appropriate and necessary for the operation of the Department.

§ 42-24 Emergency directives.

Nothing herein contained shall infringe upon or limit the power or duty of the Director of Police to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives (N.J.S.A. 40A:14-118; 40A:14-146.9).

§ 42-25 Police power vested in Director.

A. 
In the event the position of Director of Police is filled by an individual who has been trained in a recognized police academy and/or who is duly certified by the New Jersey Police Training Commission, he is hereby vested with full police powers by operation of this article and pursuant to the enabling legislation granting such power to govern their police force to each municipality by the State of New Jersey. As with all police power, this grant of authority is conditioned upon satisfying all retraining and recertifications required by law (e.g., firearms qualifications, etc.) and is limited where and to such extent as may be required by law (e.g., may not grant firearms applications). This power will include, but is not necessarily limited to, the power of arrest and the power to bear arms.
B. 
Additionally, the Director of Police for the Borough of Carteret, pursuant to policies promulgated by the appropriate authority, shall:
(1) 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
(2) 
Have, exercise and discharge the functions, powers and duties of the Police Department;
(3) 
Prescribe the duties and assignments of all members and officers;
(4) 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the direction and control of the Director of Police; and
(5) 
Report at least monthly to the appropriate authority, in such form as shall be prescribed, on the operation of the Police Department during the preceding month and make such other reports as may be requested by the appropriate authority (N.J.S.A. 40A:14-118).
C. 
If the individual appointed to the position of Police Director, though trained, is unable to obtain either a waiver and/or certification from the New Jersey Police Training Commission, then he/she will not be empowered by this article to bear arms and his power of arrest is limited to that vested in any other citizen in our society. Notwithstanding such limitations, he will continue to serve as the Director of Police for the Borough of Carteret.