[Amended 1-19-1998 by Ord. No. 1-1998]
The Township of Delanco by this chapter is creating
departmental level organizations within its governmental structure.
The personnel assigned to these units provide basic governmental services
to the residents of the community. All positions within a department
are governed by the Civil Service Laws of New Jersey. Under these
Laws, both the way in which an appointee is hired and the nature of
the position for which he or she is employed is specified. Unless
the context of this chapter otherwise clearly provides, the requirements
of these provisions shall control. It is the policy of the Township
that all personnel within a department, where possible, be Township
residents. The Township Committee reserves the right to waive this
requirement where the governmental needs of the community otherwise
dictate.
A.
Administrator, Township.
[Added 6-6-1983 by Ord. No. 4-1983]
(1)
Appointment. The position of Township Administrator
is hereby created by the Township Committee pursuant to N.J.S.A. 40A:9-136.
Pursuant to N.J.S.A. 40A:9-137, this position shall be filled by a
majority vote of the Township Committee.
(2)
Term. The Township Administrator shall serve at the
pleasure of the governing body. However, as a condition for an appointment
to the position of Township Administrator, a person so selected shall
be required to execute a written contract which specifies a precise
term which the person selected will serve. During the term specified
within the above contract, the Township Administrator may only be
removed from the position upon compliance with N.J.S.A. 40A:9-138
unless otherwise required by law.
(3)
Qualifications. The Township Administrator shall demonstrate
a thorough knowledge of municipal governmental affairs sufficient,
in the sole opinion of the Township Committee, to perform the duties
of his or her office. In addition, the Township Administrator shall
possess such additional qualifications as the Township Committee shall
deem appropriate.
(4)
Residency. Pursuant to N.J.S.A. 40A:9-136, the Township
Administrator need not be a resident of the Township of Delanco.
(5)
Compensation. The Township Administrator shall receive
compensation for his or her position as shall be specified within
the Salary Ordinance[1] of the Township of Delanco.
[Amended 1-19-1998 by Ord. No. 1-1998]
[1]
Editor's Note: The current Salary Ordinance
is on file in the office of the Township Clerk.
(6)
Absence, disqualification or vacancy. In the event
that there is a vacancy in the position of the Township Administrator,
or in the event that the Township Administrator is absent, disabled
or disqualified for whatever reason, the Township Committee, by resolution,
shall have the power to designate an Acting Township Administrator
to act in the place of the Township Administrator, and any action
taken by this person shall be deemed the official act of the Township
Administrator.
(7)
Duties. Subject to the authority and power of the
Township Committee, the Township Administrator shall have the following
duties:
(a)
Supervision. The Township Administrator shall
be the chief administrative officer of the Township of Delanco.
(b)
Procedure. The Township Administrator shall
develop, promulgate and implement, with the approval of the Township
Committee, sound administrative, personnel and purchasing practices
and procedures for all departments, offices and agencies of the Township
of Delanco, and shall to that end:
[1]
Personnel organization. Study, recommend, implement
and enforce a personnel organization and policy of the Township, its
departments and officials after consultation with department heads
and officials.
[3]
Purchasing procedures. Study, recommend, implement
and enforce purchasing procedures and policies of the Township and
its departments after consultation with department heads and officials.
[4]
Township policies. Study, recommend, implement
and enforce procedures and policies of the Township, its departments
and officials for receipt, dissemination, collation of and responses
to communications and information after consultation with department
heads and officials.
[5]
Coordinate intradepartmental operations. Assign
responsibility for departmental office action and coordinate intradepartmental
and intraoffice operations as authorized by the Township Committee.
[6]
Coordinate procedures and policies. Study, recommend,
implement and enforce the procedures and policies of the Township,
its departments and officials for the coordination, compiling, editing
and prompt dissemination and release of public information, upon the
recommendation and authorization of the Township Committee.
[7]
Responsibility. See that all terms and conditions
imposed in favor of the Township or its inhabitants in any statute
or contract are faithfully kept and performed and, upon knowledge
of any violation, call the same to the attention of the Township Committee.
[8]
Financial procedures. Study, recommend, implement
and enforce the financial procedures and policies of the Township,
its departments and offices, after consultation with department heads
and officials.
(c)
Public meetings attendance. He or she shall
attend all public meetings of the Township Committee and any other
meetings when so requested by the Township Committee.
(d)
Efficiency and effectiveness. Conduct a continuous
study of all activities and operations of the Township government
and recommend changes for the purpose of increasing efficiency and
effectiveness; prescribe such rules and regulations as he or she shall
deem necessary with the approval of the Township Committee for the
conduct of administrative procedures and revoke, suspend or amend
any such rules or regulations, subject to the approval of the Township
Committee in all background matters to assist it with the establishment
of policy.
(e)
Inventory. To require the various departments,
offices and agencies to effect an adequate inventory of all equipment,
materials and supplies in stock and to recommend sale of any surplus,
obsolete or unused equipment when authorized to do so by the Township
Committee.
(f)
Written reports. He or she shall make studies
and surveys of such municipal problems of the Township of Delanco
as shall be assigned to him or her from time to time by the Township
Committee and prepare and submit written reports of his or her findings
and determinations to the Township Committee, for their consideration
and action. He or she shall be responsible to see that any complaints
concerning the functions and obligations of the Township of Delanco
made by any of its residents, citizens or taxpayers are promptly attended
to and a written record of such complaints, when made, and when and
what action was taken in response thereto.
(g)
Budget preparation. He or she shall assist the
Township Committee in the preparation of the annual Township operating
and capital budgets.
(h)
Aid programs information. He or she shall keep
the Township Committee informed as to federal aid projects, state
aid projects and any other aid programs for which the Township of
Delanco may qualify.
(i)
Other duties. He or she shall perform such other
duties as may be from time to time specifically assigned to him or
her by the Township Committee.
B.
Other personnel. In addition to the Township Administrator,
the Office of Township Administrator may contain the following personnel:
(1)
Clerk, Township.
(a)
Term. As is provided under N.J.S.A. 40A:9-133b,
the Township Clerk shall be appointed to a three-year term which shall
run from the date of appointment of the year in which the person was
appointed. All tenure rights as hereinafter provided shall be calculated
from the actual date of appointment of the Township Clerk.
(c)
Tenure. A person who holds the office of Township
Clerk continuously for five years from the date of his or her original
appointment shall, pursuant to N.J.S.A. 40A:9-134, have tenure in
such office and shall not be removed therefrom except for good cause
shown after a fair and impartial hearing.
(d)
Vacancy or absence. In the event that there
is a vacancy in the position of Township Clerk, or in the event that
the Clerk is absent, disabled or disqualified for whatever reason,
the Committee shall have the power, by resolution, to designate, pursuant
to N.J.S.A. 40A:9-9, a person to act in place of the Clerk, and any
action taken by this person shall be deemed the official action of
the Township Clerk.
(e)
Qualifications. The Township Clerk need not
be a Township resident and shall be qualified by training or experience
to perform the duties of the office as is determined by the Township
Committee to be necessary for the position.
(f)
Duties and powers. The Township Clerk's duties
and powers shall include the following:
[1]
Clerk to the Committee. Serve as Clerk to the
Committee, and in this connection he or she shall:
[a]
Keep the minutes and records of the proceedings
of the Committee and of the proceedings of any subcommittee upon the
request of the Mayor.
[b]
Preserve and compile all ordinances and resolutions,
and, at the close of the year, with the advice and assistance of the
Township Attorney, the Clerk shall compile, codify and bind all the
ordinances and resolutions then in effect and shall properly index
such compilation or codification and provide for its publication.
[c]
Provide secretarial and clerical services for
the Committee members in the discharge of their official duties.
[d]
Publish or cause to be published ordinances
as required by law in such official newspaper or newspapers as may
be designated by the Committee.
[e]
Issue and deliver, with the assistance of the
Police Department, all notices of meetings required to be given to
the Committee.
[f]
Receive and transmit all communications to or
on behalf of the Committee.
[g]
Such other duties as the Mayor or the Committee,
by resolution, shall provide.
[2]
Custodian of records. Act as custodian of records
for all official books, papers and documents of the municipality for
which no other repository is provided by Charter or Township ordinance
and preserve and keep them safely.
[3]
Custodian of the Seal. Act as custodian of the
Township Seal and cause it to be affixed to instruments and writings
when specifically authorized by law or when necessary to exemplify
any document or record in his or her office or to certify any paper.
[4]
Issue licenses. Under the supervision of the
Committee, administer regulatory licenses pursuant to Township ordinances
and general law.
[5]
Municipal Improvement Search Officer. Act as
Municipal Improvement Search Officer charging and receiving for the
use of the municipality such fees for searches, transcripts and certifications
as shall be authorized by Committee resolution.
[6]
Clerk of Elections. Act as Clerk of Elections
performing all functions required by the general law under Title 19
of the Revised Statutes to be performed by the Municipal Clerk and
in this connection receive for municipal use the fees prescribed therefor.
[7]
Registrar of Vital Statistics. Act as Registrar
of Vital Statistics pursuant to N.J.S.A. 26:8-13 and perform all the
duties which are required by this designation.
[8]
Other. Perform such other duties as the Committee,
by resolution or ordinance, shall provide.
(2)
Deputy Township Clerk.
(a)
Office created. There is hereby created the
office of Deputy Township Clerk of the Township of Delanco.
(b)
Deputy Township Clerk temporarily appointed.
Upon this chapter taking effect, the Township Committee shall appoint
a suitable person in the employ of the Township to serve as Deputy
Township Clerk for the balance of the calendar year.
(c)
Deputy Township Clerk appointed annually. At
the annual reorganization meeting of the Township Committee, a suitable
person shall be appointed to serve as Deputy Township Clerk for the
ensuing calendar year.
(e)
Powers and duties. The Deputy Township Clerk
shall have all the powers and perform all the duties of the Township
Clerk during such times and for such specific periods as the Township
Clerk shall be absent.
(3)
Clerk Typist.
(a)
Position created; qualifications. There is hereby
created within the office of Township Clerk the position of Clerk
Typist, who shall have the qualifications to meet the standards established
by the Department of Civil Service within the State of New Jersey
for this position.
(b)
Duties. The person appointed to the position
of Clerk Typist shall perform all duties related generally to the
Clerk Typist position as established by the Department of Civil Service
in its classification of the position, and in furtherance thereof
he or she shall follow the instructions of the Township Clerk and
perform such duties in accordance with his or her qualifications as
the Township Clerk shall from time to time assign.
(5)
Assistant Administrator.
[Added 10-1-2012 by Ord. No. 2012-11]
(a)
Appointment. The position of Assistant Administrator is hereby
created by the Township Committee. This position shall be filled by
a majority vote of the Township Committee. This position may be a
full-time or part-time position and may be filled by an individual
who holds other positions with the Township.
(b)
Term. The Assistant Administrator shall serve at the pleasure
of the governing body.
(c)
Qualifications. The Assistant Administrator shall demonstrate
knowledge of municipal governmental affairs sufficient, in the sole
opinion of the Township Committee, to perform the duties of his or
her office. In addition, the Assistant Administrator shall possess
such additional qualifications as the Township Committee shall deem
appropriate.
(d)
Residency. The Assistant Administrator need not be a resident
of the Township of Delanco.
(f)
Duties. Subject to the authority and power of the Township Committee,
the Assistant Administrator shall have the following duties:
[1]
In the temporary absence of the Township Administrator, carry
out the functions and duties of the position of Township Administrator
as have been previously determined by the Township Administrator where
it is in the best interests of the Township to not wait until the
Township Administrator is available;
[2]
Handle employee benefits programs including enrollment, claims
issues, retirement, etc.;
[3]
Serve as the Township's representative to the NJ State Office
of Personnel (CAMPS program) to oversee the State Civil Service Commission
rules for Delanco;
[4]
Serve as pension supervisor for state programs that cover Township
employees;
[5]
Serve as lead Township representative for various federal, state
and county grant and aid programs, in particular be the Township representative
to access the state SAGE program;
[6]
Represent the Township to handle bidding and contracts for regional
solid waste collection for the Township;
[7]
Oversee the administration of the Recycle Bank and Recycling
Cart program through the county to serve Township properties;
[8]
Oversee implementation of various PILOT (payment in lieu of
taxes) agreements;
[9]
Represent the Township with inspectors for federal, state and
county agencies such as PEOSHA and NJDEP;
[10]
Other duties as may be specifically assigned to him or her from
time to time by the Township Administrator or the Township Committee,
based on his or her qualifications, which are of a similar nature,
as appropriate.
A.
General provisions. Within Delanco Township, as with
other municipalities in New Jersey, there is a Municipal Court. The
Municipal Court is a branch of the court system operating in New Jersey.
It is a creation of statute, but highly regulated by the Supreme Court
through the Administrative Office of the Courts. The Municipal Court,
further, cannot be considered truly an independent board or agency
because there is no direct relationship between the Court and the
policymaking function of the independent board or agency. Since the
Municipal Court receives administrative support from the community
but does not fit into any predetermined element of government, it
has been separately listed apart from any other section. The purpose
of the Municipal Court is to provide a system of justice at a local
level so that inhabitants within the Township may secure, in a prompt
and orderly fashion, a redress of grievances and disputes over which
the Municipal Court system has jurisdiction. Through the combined
efforts of all personnel contained within this Department, it is hoped
that a court system efficiently run and capably staffed will continue
to provide the services for which they are designed.
B.
Municipal Judge.
(1)
There shall be a Municipal Judge of the said Municipal
Court, who shall be appointed by the Township Committee and who shall
serve for a term of three years from the date of his or her appointment
and until his or her successor is appointed and qualified.
C.
Powers, duties and jurisdiction. The said Municipal
Court and the Municipal Judge thereof shall have, possess and exercise
all the functions, powers, duties and jurisdiction conferred by the
provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented
or by any other law.
[Amended 1-19-1998 by Ord. No. 1-1998]
D.
Additional personnel.
(2)
Rules, regulations and Township policies. Personnel within the Municipal Court, except the Municipal Court Judge, are subject to civil service requirements. All personnel are subject to the regulations promulgated by the Administrative Office of the Courts. In addition to the extent that they are not in conflict with the above, the provisions of Chapter 35, Personnel Policies, shall apply to all personnel within the Court.
A.
General provisions. The Department of Finance was
created for the purpose of collecting, disbursing and accounting for
the funds of the Township. The following positions were created for
this Department: Chief Financial Officer, Treasurer, Deputy Treasurer,
Tax Collector, Deputy Tax Collector and Clerk Typist.[1]
B.
Chief Financial Officer.
[Added 3-20-1989 by Ord. No. 2-1989]
(2)
The position of Chief Financial Officer shall be appointed
for a term of one year commencing on January 1 of the year of initial
appointment and running until December 31 of that year.
(3)
The Chief Financial Officer shall carry out the responsibilities
set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26 et seq.), with
respect to fiscal administration in local government.
C.
Treasurer.
(2)
Term. The Township Treasurer shall be appointed for
a term of one year commencing on January 1 of the year of initial
appointment and running until December 31 of that year.
(3)
Qualifications. The Township Treasurer shall demonstrate
a thorough knowledge of municipal financial matters in a capacity
to provide the control functions required by law. In addition, the
Municipal Treasurer shall possess such other qualifications deemed
necessary by the Director of the Department of Finance to carry on
the duties of the position of Municipal Treasurer.
(4)
Residency. The Township Treasurer need not be a resident
of the Township of Delanco.
(6)
Absence, disqualification or vacancy. In the event
that there is a vacancy in the position of Township Treasurer, or
in the event that the Township Treasurer is absent, disabled or disqualified
for whatever reason, the Township Committee, by resolution, shall
have the power to designate an Acting Treasurer to act in the place
of the Township Treasurer, and any action taken by this person shall
be deemed the official act of the Township Treasurer.
(7)
Tenure. The Township Treasurer shall be entitled to
receive tenure in accordance with the procedural and legal requirements
specified under N.J.S.A. 40A:9-152.
(8)
Duties. It shall be the duty of the Township Treasurer
to:
(a)
Act as the head of the office of the Township
Treasurer and supervise all personnel contained within this office.
(b)
Sign all warrants drawn on the Treasury.
(c)
Superintend all fiscal concerns of the municipality
and report to the Committee upon request.
(d)
See to the keeping of all separate accounts
of all municipal appropriations to each department.
(e)
Suggest plans to the Committee for the better
management of municipal finances.
(f)
Audit accounts of officers removed or unable
to continue in office.
(g)
Have control or see to the control of fiscal
matters of all departments and require from all officers an account
of all municipal moneys and properties.
(h)
Report or see to the reporting of all defaults,
delinquencies or official misconduct to the Township Auditor and the
Township Committee.
(i)
Examine, review and pre-audit all vouchers submitted
as a claim against the municipality to determine their propriety and
procedural correctness.
(j)
Perform all the duties required by statute of
municipal treasurers, and such other duties as the Township Committee
from time to time shall direct.
D.
Tax Collector.
(1)
Pursuant to N.J.S.A. 40A:9-141, there shall be a position
within the government of the Township known as Tax Collector. The
officer serving within this position shall be appointed to the position
by the Township Committee.
[Amended 6-6-1983 by Ord. No. 4-1983[6]]
(2)
Term. Any person appointed to the position of Tax
Collector shall serve a four-year term commencing on the first day
of January next following the date of appointment.
[Amended 6-6-1983 by Ord. No. 4-1983]
(3)
Qualifications. A person appointed to the position
of Tax Collector shall demonstrate by previous training, background
or education a thorough knowledge of the laws of the State of New
Jersey pertinent to the office for which appointment is sought and
ability to properly administer the office of Tax Collection deemed
appropriate by the Township Committee. As a minimum, however, every
person appointed Tax Collector shall possess the certificate required
by N.J.S.A. 40A:9-145.2 prior to appointment to the position.
[Amended 6-6-1983 by Ord. No. 4-1983]
(6)
Absence, disqualification or vacancy. If during the
term of office the Tax Collector shall be absent, disqualified, or
if in any other way the office may be deemed vacant, then the Township
Committee shall fill the position in accordance with N.J.S.A. 40A:9-1
et seq.
(7)
Tenure. A Tax Collector may obtain tenure in accordance with N.J.S.A. 40A:9-144, and, subsequent to obtaining tenure as set forth within the statute cited, the Tax Collector shall continue to hold office during good behavior and efficiency and shall not be removed therefrom except with just cause as previously defined under § 10-2B(1)(c) of this article by the Township Committee.
(8)
Duties. A person appointed to the position of Tax
Collector shall:
(a)
Act as head of the office of Tax Collector and
supervise all employees contained within the office.
(b)
Receive or see to the receipt and collection
of all moneys assessed or raised by taxation or assessment for any
purpose.
(c)
Enter or see to the entrance into suitable books
of account all receipts received in any given day.
(d)
Deposit or see to the deposit of such public
moneys received in an authorized public depository of the municipality
to the credit of the appropriate account within 48 hours (or the first
banking day) after the receipt of said funds.
(e)
Prepare or see to the preparation of monthly
reports to the Committee on all receipts, deposits and cash on hand
belonging to the municipality.
(f)
Prepare or see to the preparation and furnishing
of a detailed and true list of all delinquent taxpayers for the next
preceding year within 60 days after the end of the fiscal year or
for such period as the local governing unit may require.
(g)
In accordance with N.J.S.A. 54:4-72, maintain
an office within the municipal building and be in attendance on such
days and during such hours as the Township Committee by directive
may prescribe.
The Department of Licensing and Inspection is
created to place within a department-level organization the inspection
personnel of the Township of Delanco; and contained within the Department
are those officials who have responsibilities to enforce the Uniform
Construction Code applicable to the community. In addition, the Department
has been assigned those personnel who have administrative and enforcement
duties under the Municipal Land Use Law of the State of New Jersey.[1] It is hoped that by creating a department-level organization
to contain these two important Township functions, both the Township,
its citizens and applicants seeking to build within the community
can look to one level of organization within the community to achieve
both the right to build and proper enforcement of the regulations
controlling building.[2]
[Amending 4-6-1987 by Ord. No. 3-1987; 1-19-1998 by Ord. No. 1-1998; 4-2-2001 by Ord. No. 4-2001; 5-19-2003 by Ord. No. 2003-7; 9-22-2003 by Ord. No. 2003-15; 4-19-2010 by Ord. No. 2010-4; 9-14-2009 by Ord. No. 2009-10; 4-18-2016 by Res. No.
2016-57; 7-11-2016 by Ord. No. 2016-8]
A.
Generally. It is the function of the Police Department to bring police
services to all inhabitants and taxpayers of the Township, and in
this connection it shall enforce all laws which operate within the
Township. It is the function of the Police Department to preserve
the public peace, prevent crime, detect and arrest offenders against
the penal laws and ordinances effective within the Township, suppress
riots, mobs and interruptions, disperse unlawful or dangerous assemblage
and preserve order at all elections and public meetings and assemblages.
A further function is to 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 such rules and regulations not inconsistent with the charter,
rules, ordinances and general law for such purpose. Further, the Police
Department shall remove all nuisances in public streets, parks and
other public places; inspect and observe all places of public amusement
or assemblage and all places of business requiring any state or municipal
licenses or permits. In addition, the Police Department shall perform
all such other duties as the Township shall by ordinance provide.
It is indicated the Police Department is a prime provider of services
for the inhabitants and taxpayers of the community.
B.
Establishment; composition. There is hereby established a Police
Department, which shall consist of a Chief of Police, one Lieutenant
of Police, up to four Sergeants, and up to 10 patrol officers as the
Township Committee may from time to time appoint. The Township Committee
also may employ up to two Class One special law enforcement officers
and Class Two special law enforcement officers in an amount not to
exceed 25% of sworn officers, pursuant to N.J.S.A. 40A:14-146.8, et.
seq.
[Amended 3-4-2019 by Ord.
No. 2019-4]
(1)
Chain of command. All necessary orders and directives for the management
and regulation of the Police Department shall be given through the
chain of command. The chain of command shall be as follows:
D.
Appropriate authority. The appropriate authority, as said term is
used in N.J.S.A. 40A:14-118, shall be delegated by the Township Committee
to the Township Administrator to the maximum extent permitted by law,
except with respect to matters of hiring, final decisions regarding
major discipline, and promotion within the Department, in which instance
the Township Committee shall be the appropriate authority. The appropriate
authority shall be responsible to the governing body for the overall
performance of the Police Department.
(1)
The appropriate authority shall adopt and promulgate rules and regulations
for the government of the police force and for the discipline of its
members.
(2)
Such rules, regulations, procedures and orders shall be binding upon
each member and civilian employee of the Police Department, and copies
shall be made available by the Chief of Police for each such member
and employee.
(3)
Within five days after the promulgation of any rule, regulation,
procedure or order, same shall be posted by the Police Chief or designee
in the Police Department, and a copy shall be made available to each
member of the Department and to each civilian employee of the Department,
all of whom shall acknowledge receipt of same on a form supplied by
the Chief.
(4)
In the event of any inconsistency between this section and the rules,
regulations, procedures or orders, the provisions of this section
shall control. In the case of inconsistency with any applicable collective
bargaining agreement, the provisions of such agreement shall control.
E.
Chief of Police.
(1)
Position established. The position of Chief of Police in the Police
Department of the Township of Delanco be and the same is hereby established
pursuant to law.
(2)
Appointment. The Township Committee be and is hereby authorized to
appoint a Chief of Police in the Township of Delanco in the manner
provided for by law.
(3)
Duties. The Chief of Police shall be the head of the Police Department,
shall be directly responsible to the Township Administrator for its
efficiency and day-to-day operations and shall be subject to the rules,
regulations and orders as may be prescribed by the appropriate authority.
Pursuant to policies established by the Township Administrator, the
Chief of Police shall:
(a)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
(b)
Have, exercise and discharge the functions, powers and duties
of the force.
(c)
Prescribe the duties and assignments of all subordinates and
other personnel.
(d)
Delegate such authority, as he or she may deem necessary for
the efficient operations of the Police Department, to be exercised
under his or her direction and supervision.
(e)
Report at least monthly to the Township Administrator, in such
form as the Township Administrator shall prescribe, on the operation
of the Police Department during the preceding month. Make such other
reports as may be requested by the Township Administrator, which may
include a monthly report of the Chief's actions, all arrests made
and summons issued, all warrants executed and all complaints investigated.
(4)
Qualifications. The Chief of Police shall meet all of the requirements
of the law and New Jersey Civil Service Rules and Regulations pertaining
to his or her position.
F.
Lieutenant of Police.
(1)
Position established. The position of Lieutenant of Police in the
Police Department of the Township of Delanco be and the same is hereby
established pursuant to law.
(2)
Appointment. The Township Committee be and is hereby authorized to
appoint a Lieutenant of Police in the Township of Delanco in the manner
provided for by law.
(3)
Duties. The Lieutenant of Police shall perform such duties as may
be assigned to him or her by the Chief of Police of the Township of
Delanco in accordance with their job description, rules and regulations
and SOPs.
(4)
Qualifications. The Lieutenant of Police shall meet all of the requirements
of the law and New Jersey Civil Service Rules and Regulations pertaining
to his or her position.
G.
Sergeant of Police.
(1)
Position established. The position of Sergeant of Police in the Police
Department of the Township of Delanco be and the same is hereby established
pursuant to law.
(2)
Appointment. The Township Committee be and is hereby authorized to
appoint a Sergeant of Police in the Township of Delanco in the manner
provided for by law.
(3)
Duties. The Sergeant of Police shall perform such duties as may be
assigned to him or her by the Chief of Police of the Township of Delanco
and such other duties and responsibilities which may be fixed from
time to time by any superior officer along with their job description,
rules and regulations and SOPs.
(4)
Qualifications. The Sergeant of Police shall meet all of the requirements
of the law and New Jersey Civil Service Rules and Regulations pertaining
to his or her position.
H.
Patrol officer.
(1)
Position established. The position of patrol officer in the Police
Department of the Township of Delanco be and the same is hereby established
pursuant to law.
(2)
Appointment. The Township Committee be and is hereby authorized to
appoint a patrol officer in the Township of Delanco in the manner
provided for by law.
(3)
To be eligible for appointment to the police force as a patrol officer,
an applicant shall:
(a)
Be not less than 18 years of age.
(b)
Be a citizen of the United States.
(c)
Be sound in body, of good health.
(d)
Be able to read, write and speak the English language well and
intelligently.
(e)
Be of good moral character.
(f)
Meet all of the requirements of the law and New Jersey Civil
Service Rules and Regulations pertaining to his or her position.[2]
[2]
Editor's Note: Resolution No. 2021-114, adopted 9-13-2021, specifically authorizes the Police Department to hire individuals that have been exempted from taking an examination, pursuant to N.J.S.A. 11A:4-1.3a, provided; however, that the individual has successfully completed a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training Commission and is otherwise qualified pursuant to any other rules and regulations promulgated by the Civil Service Commission, pursuant to N.J.S.A. 11A:4-1.3b and is otherwise an appropriate candidate under the Delanco Township Municipal Code § 10-6 and the Delanco Township Personnel Policies and Procedures Manual.
(g)
Preference shall be given to residents of Delanco Township,
then to residents of Burlington County.
I.
Other personnel. The job classifications assigned to the Department,
in addition to those provided above, are as follows:
(1)
Special officers.
(a)
Creation of position. In accordance with the provisions of N.J.S.A.
40A:14-146.8 et seq., there is hereby created the position of special
law enforcement officer for the Township of Delanco, County of Burlington,
and State of New Jersey. Each special officer appointed shall be subject
to the requirements of this article and the additional requirements
set forth in N.J.S.A. 40A:14-146.8 et seq.
(b)
Classification and powers. The classifications of the special
law enforcement officers shall be based upon the duties to be performed
by said officers and are established as follows:
[1]
Class One. They are authorized to perform routine traffic details,
spectator control and similar duties as may be assigned by the Chief
of Police or, in the absence of the Chief, another law enforcement
officer in a supervisory capacity authorized by the Chief to act in
his or her stead. Class One officers are also authorized to issue
summonses for disorderly persons and petty disorderly persons offenses,
violations of municipal ordinances and violations of N.J.S.A. 39:1-1
et seq. The use of firearms by Class One officers is strictly prohibited,
and no Class One officer shall be assigned any duties which require
the carrying or use of a firearm.
[2]
Class Two. Officers of this class are authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. They shall be assigned such duties
as deemed necessary by the Chief of Police or, in the absence of the
Chief, another law enforcement officer in a supervisory capacity authorized
by the Chief to act in his or her stead. The use of a firearm by an
officer of this class may be authorized only after the officer has
been fully certified as successfully completing training as prescribed
by the Police Training Commission established within the Department
of Law and Public Safety of the State of New Jersey.
(c)
Compliance with other ordinances governing operations within
the Police Department. All duly appointed special law enforcement
officers shall be subject to the rules and regulations governing the
Police Department of the Township of Delanco as adopted, including
by description, but not limitation, the Standard Operating Procedures
Police Manual of the Township of Delanco and other practices and procedures
established.
(d)
Term of appointment. Special law enforcement officers shall
be appointed by the Township Committee for a term not to exceed one
year, which appointments shall be made at the annual reorganization
meeting or at such other times as the Township Committee deems it
necessary to make such appointments. In no event shall any appointment
carry a term beyond the end of the calendar year of the year in which
said appointment is made.
(f)
Limitations on number of officers. The number of special law
enforcement officers employed by the Township of Delanco shall be
as follows:
(g)
Training course: firearms. No special officer shall commence
his or her duties until he or she has completed the training as required
under N.J.S.A. 40A:14-146.11 or as amended from time to time.
(h)
Hours of employment or assigned to duty. The Chief of Police
or another law enforcement officer in a supervisory capacity authorized
to act in his or her stead may assign special officers of the first
and second class to perform authorized duties not to exceed the number
of hours per week in accordance with existing statutes of the State
of New Jersey, except in case of emergency, which shall be without
limitation as to hours.
(2)
School traffic guards.
(3)
Police guards.
(4)
Clerk typist.
(5)
Police Chaplain.
[Added 10-16-2017 by Ord.
No. 2017-13]
(a)
Position created. The position of Police Chaplain for the Township
of Delanco Police Department is hereby created in accordance with
N.J.S.A. 40A:14-141. The position of Chaplain shall be under the Director
of Public Safety and subject to the control of the Chief of Police.
(b)
Appointment. The Chief of Police may recommend to the Township
Committee candidates the Chief believes meet the qualifications of
N.J.S.A. 40A:14-141 as well as the rules and regulations of the Township
of Delanco 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 Township
Committee regarding the appointment as Chaplain. The Township Committee
shall appoint Chaplains in accordance with this subsection.
(c)
Term. 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.
(d)
Qualifications. Any person appointed as Chaplain shall be an
ordained clergyman in good standing in the religious body from which
he/she is selected. The Chaplain shall have basic training and shall
be a certified Police Chaplain credentialed in accordance with the
rules and regulations of the Township of Delanco Police Department
and shall be qualified in accordance with N.J.S.A. 40A:14-141.
(e)
Rank. Any person appointed as Chaplain shall serve in that capacity
without rank.
(f)
Compensation. Any person appointed as a Police Chaplain shall
receive an annual salary as determined by the Township and incorporated
in the Township's Annual Salary Ordinance.
(g)
Duties. The duties of Police Chaplain shall include, but not
be limited to, assisting the Township of Delanco Police Department
in death notifications, station house adjustments, and any other duties
that may be assigned by the Chief of Police.
(h)
Shared services. The Township may enter into shared service
agreements with other governmental entities for the use of the Police
Chaplain.
J.
Temporary police officers. The Township Committee may from time to
time employ upon a per diem basis such temporary police officers as
may be necessary and may discharge them at any time without cause
or hearing. They shall not be permanent members of the Police Department
but shall, while on duty, be subject in every respect to the orders
of the superior officers of the Police Department. They shall receive
such compensation for each day of service as may be fixed by the Salary
Ordinance of the Township.
K.
Promotion. Members of the Police Department shall be promoted to
hold any superior rank within the Police Department according to the
requirements of the law and New Jersey Civil Service Rules and Regulations
pertaining to his or her position.
L.
Drug screening procedure for applicants, law enforcement trainees
and sworn law enforcement officers shall be in accordance the current
guidelines of the office of the New Jersey Attorney General.
M.
Outside employment: full-time status. Each officer within the regulated
category shall be expected to devote full time to his or her duties
within the Police Department of the Township of Delanco, and no outside
employment of any nature shall be permitted except as elsewhere herein
provided.
(1)
No officer shall seek, hold or occupy employment outside the Police
Department of the Township of Delanco without receiving the written
approval of the Chief of Police. The Chief of Police and Lieutenant
must receive official approval of his or her employment by the Township
Committee of the Township of Delanco by resolution.
(2)
Officers who do not obtain the required preapprovals shall be subject
to immediate removal from office or such lesser disciplinary action
as the Township Committee, after hearing, shall determine is appropriate
to correct the violation.
N.
Outside employment through the Police Department.
(1)
EMPLOYEE
OFF DUTY
PRIVATE EMPLOYER
TOWNSHIP
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A regular police officer of the Police Department of the
Township of Delanco that is being hired by a private employer to provide
security and/or traffic control services. Special officers, as defined
in N.J.S.A. 40A:14-146.8 et seq., are not permitted to perform these
services and are therefore not included in this subsection.
Officer's time not scheduled for duty.
Any entity, public or private, other than the Township of
Delanco, that is hiring an employee, as defined herein, to provide
security and/or traffic control services for the private employer's
business, project or function.
The Township of Delanco.
(2)
Authorization.
(a)
Members of the Township's Police Department, whether they be
full-time or part-time, are expressly authorized to engage in security-related
and traffic control activities during their off-duty hours for private
employers, so long as the arrangements therefor are made with the
Township and any compensation paid to the officers for such service
is channeled through the Township.
(b)
The officers performing said services when authorized hereunder
are also authorized to wear a Township police uniform.
(c)
The authorization set forth in this subsection applies only
to security-related and traffic control activities during off-duty
hours for private employers.
(d)
In granting this authorization, the Township assumes responsibility
or liability for the actions or nonactions of the off-duty officers.
(e)
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this subsection that off-duty
work authorized by this subsection shall entitle police officers to
coverage under the Police and Firemen's Retirement System when they
are injured during off-duty or outside employment under the scope
of this subsection. Both the Township and the members of the Township's
Police Department are familiar with these memoranda, and because the
employees shall ultimately be subject to departmental discipline and
control, and because they are ultimately paid by the Township, they
are in accordance with the February 1990 memorandum prepared by Douglas
R. Forrester, Director, Division of Pension, and are considered to
be covered for injury or death which may occur while performing those
duties.
(3)
Contracts with private employers or public entities.
(a)
Any private employer desiring to retain the services of police
officers ["employee(s)"] of the Township of Delanco for extra-duty,
security-related and/or traffic control activities shall be required
to enter into a contract with the Township of Delanco. Except in cases
of bona fide emergency, no assignment to extra duty may be made unless,
prior to such assignment, the private party or entity has executed
a contract for such services and has made the required deposit pursuant
to the Uniform Agreement to Provide Security-Related and/or Traffic
Control Services by Off-Duty Personnel, which form of agreement is
on file with the Township Department of Finance. Said agreement shall
include but not be limited to the nature of duties to be performed,
the location of said duties, the date and hours of service, the rate
of payment of services to the officers, which shall be established
by Township resolution and may be amended from time to time, administrative
fees to the Township of Delanco and fees for the use of Township-owned
equipment.
(b)
The agreement shall provide for the deposit of monies in advance
by the private employer for the services to be performed. Should the
contract be for a term exceeding one month, the private employer shall
be required to tender an estimated payment for the first month's services
upon executing the contract and will be billed on a periodic basis
thereafter. Should the actual assignment of off-duty officers amount
to less than the amount deposited, the Chief Financial Officer shall,
upon termination of the contract, receipt of the final certified time
slips and receipt of written demand from the private employer, return
all unused funds to the private employer. Nothing in this subsection
shall be construed as limiting the power of the Township of Delanco
to accept or reject any and all assignments with any private employer.
(c)
As an alternative, the Chief of Police, with the approval of
the Township Administrator, may waive the requirement that a private
employer or public entity deposit monies in advance. This alternative
may be used when the private employer or public entity is a public
utility or is determined by the Chief to be dependable in making payments
for the services of the police officer(s) within a two-week period
after the services are performed, based on past history and/or appropriate
performance guarantees. This alternative may be used solely at the
discretion of the Chief, who may require advance payment at any time
if there is any question of the private employer or public entity
being willing or able to meet its quick payment responsibility.
(d)
The Township holds the right to outsource, by contract, the
Police Department outside employment process to a third party vendor
to administer. The vendor shall have the right to charge an additional
fee, other than the officer, administration and any other fees set
forth in this chapter. The vendor may handle scheduling, billing,
collections, pay or other services previously performed by the Township.
[Added 9-23-2019 by Ord.
No. 2019-21]
(4)
Cancellation policy. Any private employer who determines to cancel
the services of police officers, after entering into a contract, shall
be required to provide notice to the police officers before the scheduled
start time of the assignment according to the current resolution setting
rates for outside employment of police officers.
(5)
Insurance. As a precondition to the use of employees by a private
employer, the private employer shall provide written assurance that
the officers are covered by the private employer's workers' compensation
insurance and personal liability insurance policies and proof that
the Township and its officers are named as additional insureds in
amount of $1,000,000 per single occurrence, $2,000,000 in the aggregate,
as well as such other information as the Chief deems appropriate.
All such information shall be submitted to the Township's Attorney
for approval prior to the performance of any services by Township
employees.
(6)
Payment for extra-duty assignments; establishment of fund. All private
employers shall be required to make all payments for extra-duty assignments
payable to the Township of Delanco. All payments for extra-duty assignments
shall be forwarded to the office of the Chief Financial Officer of
the Township of Delanco. The Chief Financial Officer shall deposit
all funds earmarked for the payment of extra-duty officers, collected
from private employers, into a special escrow fund which is hereby
established by this subsection. The escrow fund shall be established
for payment to members of the Police Department performing the extra-duty
services, also referred to as "employees." All police officers shall
be required to submit pay slips to the Police Chief. The pay slip
shall be in a form approved by the Chief Financial Officer. Upon receipt
of a properly executed pay slip verified by the private person or
entity, the Finance Department will process the pay slips for disbursement
during the officers' regular pay period.
(7)
Administrative costs. In addition to the aforementioned fees to be
collected by the Township of Delanco from said private person or public
entity for the payment of said extra-duty police officer(s), the Township
of Delanco shall collect an administrative fee as set by the current
resolution setting rates for outside employment of Police Officers.[4] Said fee shall be used to offset the administrative costs
associated with the assignment of Township police officer(s), the
wear and tear of police equipment, etc.
[4]
Editor's Note: The current resolution is on file in the Township
offices.
(8)
Use of Township vehicles. Police officers engaging in off-duty activities,
as authorized and required by this subsection, may be permitted to
utilize a municipal vehicle subject to the approval and consent of
the Chief of Police. If a municipal vehicle is utilized, the private
employer shall also pay the Township of Delanco a fee as set by the
current resolution setting rates for outside employment of Police
Officers for use of the vehicle. Notwithstanding the foregoing, said
charge shall be waived for services contracted for by the Delanco
Township Board of Education and any other federal, state, county or
local public agencies.
(9)
Control vested in Chief of Police. Police officers are specifically
authorized to engage in off-duty assignments pursuant to the terms
of this subsection. The Chief of Police of the Township of Delanco
shall be responsible for the overall conduct of the members of his
Department in following the rules and regulations promulgated herein
and shall insure that the terms, conditions and provisions of this
subsection shall be fully and faithfully carried out. The Chief of
Police shall have authority to control officers engaged in off-duty
or outside employment pursuant to this subsection and shall further
have the authority to discipline any and all officers so engaged in
outside employment by private employers should cause for such charges
arise or exist.
O.
Submission of provisions to Police Department. The Clerk of the Township
of Delanco shall be directed to submit this section to the Police
Department and all officials charged with the responsibility for the
orderly functioning of the Police Department in order that they may
be made aware of the provisions contained in this section.
A.
General provisions. The Department of Public Works
is a major element of the Township's government designed to bring
direct services to the inhabitants and the taxpayers of the Township
of Delanco. Through the exercise of their duties, the Department functions
to provide maintenance of roads, collection of trash and maintenance
of public lands. Contained within the Department are also administrative
personnel who see to the proper keeping of records. Where a problem
exists dealing with a subject other than police protection, it in
all probability will involve some duty to be performed by the Public
Works Department. Through its proper operation, many municipal services
are performed. The administrative structure for the Department of
Public Works is more particularly described below.
B.
Director of the Department of Public Works. The Director
of the Department shall be the Foreman, Streets and Roads. This individual
shall have administrative charge of the Department and all personnel
within it. The Director is answerable to the Township Committee for
the day-to-day operation of the Department. It is his or her responsibility
to assure that the policies and practices of the Township Committee
are executed.
