A.Â
Foreword.
(1)Â
The purpose of this manual is threefold:
(2)Â
The success of a Police Department in the performance
of its duties is largely measured by the degree of support and cooperation
it receives from the people of the community which it serves. It is of paramount
importance that we secure the confidence, respect and approbation of the public.
The cultivation of such desirable attitude is dependent upon proper performance
of duty by all members of the Department.
(3)Â
A professional responsibility no less grave than that
of other administrators of the law is imposed upon members of the Department.
Professionalization of police is gaining general recognition, but it can win
universal acclaim and permanent status only if the actions of the police are
reflected in intelligent, sincere, efficient and courteous service. The police
profession must embody the highest attributes of every other profession. Not
private profit nor personal reward, but the service of the community is the
earmark of the professional police officer.
(4)Â
The contents of this manual have been developed to guide
and assist members in reaching these goals. Adherence to these principles
and guidelines by all members of the Department will eliminate the need for
disciplinary action and will ensure our acceptance by the community as a truly
professional Police Department.
| |
s/Lyn Bader
| |
Chief of Police
|
B.Â
Law Enforcement Code of Ethics.
(1)Â
As a law enforcement officer, my fundamental duty is
to serve mankind; to safeguard lives and property; to protect the innocent
against deception, the weak against oppression or intimidation and the peaceful
against violence or disorder; and to respect the constitutional rights of
all men to liberty, equality and justice.
(2)Â
I will keep my private life unsullied as an example to
all; maintain courageous calm in the face of danger, scorn or ridicule; develop
self-restraint; and be constantly mindful of the welfare of others. Honest
in thought and deed in both my personal and official life, I will be exemplary
in obeying the laws of the land and the regulations of my Department. Whatever
I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in the performance
of my duty.
(3)Â
I will never act officiously or permit personal feelings,
prejudices, animosities or friendships to influence my decisions. With no
compromise for crime and with relentless prosecution of criminals, I will
enforce the law courteously and appropriately without fear or favor, malice
or ill will, never employing unnecessary force or violence and never accepting
gratuities.
(4)Â
I recognize the badge of my office as a symbol of public
faith, and I accept it as a public trust to be held so long as I am true to
the ethics of the police service. I will constantly strive to achieve these
objectives and ideals, dedicating myself before God to my chosen profession
- law enforcement.
N.J.S.A. 40A:14-118 states: "The governing body of any municipality,
by ordinance, may create and establish a Police Department and force and provide
for the maintenance, regulation and control thereof and, except as otherwise
provided by law, appoint such members, officers and personnel as shall be
deemed necessary; determine their terms of office; fix their compensation
and prescribe their powers, functions and duties; and adopt and promulgate
rules and regulations for the government of the Department and force and for
the discipline of its members."
B.Â
It is the power and duty of the Police Department and
its members to:
(1)Â
Preserve the public peace; prevent crime; detect and
arrest offenders against the penal laws and ordinances effective within the
city; suppress riots, mobs and insurrections; disperse unlawful or dangerous
assemblages; and preserve order at all elections and public meetings and assemblages.
(2)Â
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian traffic
and the use of streets by vehicles and persons and to make rules and regulations,
not inconsistent with the Charter, ordinances and general laws, for such purpose.
(3)Â
Remove all nuisances in the public streets, parks and
other public places; and inspect and observe all places of public amusement
or assemblage and all places of business requiring any state or municipal
license or permit.
(4)Â
Provide proper police attendance and protection at fires.
(5)Â
Enforce the laws and ordinances in effect within the
city and prevent the violation of them by any person; and apprehend and arrest
all persons legally charged with the violation of any law or ordinance.
(6)Â
Provide for the attendance of its police officers or
civilian employees in court as necessary for the prosecution and trial of
persons charged with crimes and other violations of the law and cooperate
fully with the law enforcement and prosecuting authorities of federal, state
and county governments.
(7)Â
Operate a training program to maintain and improve the
police efficiency of the members of the Department.
The City of Somers Point governing body hereby establishes the Department
rules and regulations under cover to be known as the "Somers Point Police
Department Rules and Regulations."
In accord with N.J.S.A. 40A:14-118, the right is reserved by the governing
body to amend or to revoke any of the rules and regulations, or add thereto,
as the circumstances require.
All rules, regulations, procedures and orders previously issued contrary
to those embodied in the manual are hereby revoked. All other rules, regulations,
orders and procedures not in conflict with those contained in this manual
shall remain in force.[1]
[1]
Editor's Note: Former Sec. 1:2, Numbering System, which immediately
followed this section, was omitted from this publication. The text of such
section is on file in the city offices.
A.Â
Distribution of the manual. One copy of the Police Manual
shall be distributed to each police officer and to certain civilian employees
of the Police Department. Also, for reference purposes, copies shall be distributed
to the office of the City Clerk and the Mayor.
B.Â
Responsibility for maintenance. All members and employees
who are assigned a manual shall be responsible for its maintenance and care.
All manuals shall be kept current, and supplementary pages concerning additions,
revisions or amendments shall be promptly and properly inserted.
C.Â
Familiarization. Each police officer and each civilian
employee is duty bound to thoroughly familiarize himself with the provisions
of the Police Manual. Failure to comply shall be considered neglect of duty.
D.Â
Ignorance of the contents of the manual. In the event
that neglect of duty is charged against a member for failure to observe the
rules and regulations, Department procedures or orders, ignorance of any provision
of this manual or any Department procedure or order will not be accepted as
an excuse.
A.Â
The terminology listed in this section has been defined
to provide uniformity in usage and to clarify meanings when these terms are
used.
B.Â
ANNUAL VACATION
CHAIN OF COMMAND
COMMANDING OFFICER
DAYS OFF
DEPARTMENT
DETAIL
DETECTIVE
EMPLOYEE
GENERAL ORDERS
HEADQUARTERS
INCOMPETENCE
INSUBORDINATION
LAWFUL ORDER
MEMBER
MEMORANDA
MILITARY LEAVE
NEGLECT OF DUTY
OFF DUTY
OFFICIAL CHANNELS
ON DUTY
ORDER
PERSONNEL ORDER
POLICE MANUAL
PROCEDURE
RULES AND REGULATIONS
SECTION
SENIORITY
SHIFT
SHIFT COMMANDER
SICK LEAVE
SPECIAL DUTY
SPECIAL ORDERS
SUPERIOR OFFICER
SUPERVISORY OFFICER
TOUR OF DUTY
TRAINING BULLETIN
As used in these rules and regulations, the following
terms shall have the meanings indicated:
The vacation period granted to all members annually.
The unbroken line of authority extending from the Chief of Police
through a single subordinate at each level of command down to the level of
execution and vice versa.
Any rank of Sergeant and above.
Those days, determined by the Chief of Police, on which a given member
is excused from duty.
The Somers Point Police Department.
A temporary assignment of personnel for a specialized activity.
A police officer assigned to conduct criminal investigations while
in civilian clothing.
A civilian employee of the Department.
Written directives issued by the Chief of Police, Deputy Chief or
Acting Chief. General orders remain in full force and effect until amended,
superseded or canceled by the Chief of Police. Department "general orders"
establish policy, procedure or regulations governing matters which affect
the entire Department or two or more subordinate units. They are the most
authoritative directive issued in the Department and may be used to amend,
supersede or cancel any other orders.
[Amended 2-25-1999 by Ord. No. 2-1999]
The police building that houses the headquarters staff and members
of this Department.
Incapable of satisfactory performance of police duties.
Failure or deliberate refusal of any member or employee to obey a
lawful order given by a superior officer; ridiculing a superior officer or
his order, whether in or out of his presence; directing disrespectful, mutinous,
insolent or abusive language toward a supervising officer.
Any written or oral directive issued by a superior officer to any
subordinate or group of subordinates in the course of police duty which is
not in violation of the law, ordinance or any Department rule or regulation.
Any duly appointed police officer of the Department.
Information bulletins which are primarily designed to inform and,
secondarily, to direct issues at Department levels. Such "memoranda" are not
official orders but express the thinking of the issuing authority on the subject
under consideration.
The period of time during which an officer is excused from duty by
reason of serving in the Armed Forces of the United States in an active capacity
as provided by law.
Failure to give suitable attention to the performance of duty. Examples
include but are not limited to failure to take appropriate action on the occasion
of a crime, disorder or other act or condition deserving police attention;
absence without leave; failure to report to duty at the time and place designated;
unauthorized absence from an assigned sector during tour of duty; failure
to perform duties or comply with provisions prescribed in the Police Manual;
and failure to conform to the Department operating procedures.
The status of a member during the period he is free from the performance
of specified duties; also may be known as "rest period," "day off" or "annual
leave."
Through the hands of the superior officers in the chain of command.
The status of a member during the period of the day when he is actively
engaged in the performance of his duties. Technically, a police officer is
subject to call at all times.
Any written or oral directive issued by a superior officer to any
subordinate or group of subordinates in the course of police duty.
Appointment, assignment or any other status change of personnel within
the Department accomplished by Department "personnel orders" issued by the
Chief of Police.
The reference guide specifying the rules and regulations governing
the conduct of personnel and the operation of the Department, as well as specifying
Department policies and procedures. Department orders will be incorporated
into the "Police Manual" after a provisional period of operation. This manual
is issued by authority of the Chief of Police and carries the weight of a
general order.
The official method of dealing with any given situation prescribed
by the Chief's order or procedural guide.
Department legislation consisting of detailed directives binding
members and employees of all ranks in terms of authority, responsibility and
conduct.
A functional unit subordinate to a division or under the immediate
direction of the Chief of Police. It may be commanded by any rank, depending
on its size and the nature and importance of its function.
In the Department, established first by rank and second by time served
in rank, whether on a regular, assigned or temporary basis. In situations
requiring decision or control where the officers are of equal rank, the senior
will make the decision and exercise control unless otherwise directed by a
higher ranking command or supervisory officer.
An eight-hour tour of duty.
A supervisory officer of a shift in the Patrol Division.
The period of time during which an officer is excused from active
duty by reason of illness or injury.
Police service the nature of which requires that the member be excused
from the performance of his regular duties.
Written directives issued by the Chief of Police, Deputy Chief or
Acting Chief. They specify instructions governing particular situations. Special
orders are automatically canceled when their objectives are achieved.
[Amended 2-25-1999 by Ord. No. 2-1999]
A person holding a rank higher than patrolman.
A member of the Department assigned to a position requiring the exercise
of immediate supervision over the activities of other members and employees.
The number of days of work on a given shift during which an individual
member is on duty.
A bulletin published and designed to keep officers of the Department
abreast of current police techniques and procedures. The bulletins and their
presentation act as a continuous training program and as a stimulus for further
study. The information contained therein constitutes official Department policy
on the subject matter under consideration in the absence of other instruction
to the contrary.
C.Â
Word usage.
(1)Â
Gender. Use of masculine gender herein shall also include,
where applicable, the female gender.
(2)Â
May/should. As used herein, the words "may" and "should"
shall mean that the action indicated is permitted.
(3)Â
Shall/will. The words "shall" and "will" as used herein
shall indicate that the action required is mandatory.
(4)Â
Tense of words. The words used in the present tense include
the future.