City of Somers Point, NJ General Provisions

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)

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)

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

Law Enforcement Code of Ethics.

(1)

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)

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)

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)

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.

§ A267-2 Statutory authorization.

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."

§ A267-3 Department established; powers and duties.

The Police Department is established by authority of Chapter 44, Article I, of the Code of the City of Somers Point.

It is the power and duty of the Police Department and its members to:

(1)

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)

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)

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)

Provide proper police attendance and protection at fires.

(5)

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)

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)

Operate a training program to maintain and improve the police efficiency of the members of the Department.

§ A267-4 Establishment of rules and regulations.

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."

§ A267-5 Amendments.

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.

§ A267-6 Effect on other regulations.

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.

§ A267-7 Police Manual.

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.

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.

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.

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.

§ A267-8 Definitions and word usage.

The terminology listed in this section has been defined to provide uniformity in usage and to clarify meanings when these terms are used.

As used in these rules and regulations, the following terms shall have the meanings indicated:

ANNUAL VACATION

The vacation period granted to all members annually.

CHAIN OF COMMAND

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.

COMMANDING OFFICER

Any rank of Sergeant and above.

DAYS OFF

Those days, determined by the Chief of Police, on which a given member is excused from duty.

DEPARTMENT

The Somers Point Police Department.

DETAIL

A temporary assignment of personnel for a specialized activity.

DETECTIVE

A police officer assigned to conduct criminal investigations while in civilian clothing.

EMPLOYEE

A civilian employee of the Department.

GENERAL ORDERS

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]

HEADQUARTERS

The police building that houses the headquarters staff and members of this Department.

INCOMPETENCE

Incapable of satisfactory performance of police duties.

INSUBORDINATION

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.

LAWFUL ORDER

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.

MEMBER

Any duly appointed police officer of the Department.

MEMORANDA

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.

MILITARY LEAVE

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.

NEGLECT OF DUTY

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.

OFF DUTY

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."

OFFICIAL CHANNELS

Through the hands of the superior officers in the chain of command.

ON DUTY

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.

ORDER

Any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty.

PERSONNEL ORDER

Appointment, assignment or any other status change of personnel within the Department accomplished by Department "personnel orders" issued by the Chief of Police.

POLICE MANUAL

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.

PROCEDURE

The official method of dealing with any given situation prescribed by the Chief's order or procedural guide.

RULES AND REGULATIONS

Department legislation consisting of detailed directives binding members and employees of all ranks in terms of authority, responsibility and conduct.

SECTION

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.

SENIORITY

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.

SHIFT

An eight-hour tour of duty.

SHIFT COMMANDER

A supervisory officer of a shift in the Patrol Division.

SICK LEAVE

The period of time during which an officer is excused from active duty by reason of illness or injury.

SPECIAL DUTY

Police service the nature of which requires that the member be excused from the performance of his regular duties.

SPECIAL ORDERS

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]

SUPERIOR OFFICER

A person holding a rank higher than patrolman.

SUPERVISORY OFFICER

A member of the Department assigned to a position requiring the exercise of immediate supervision over the activities of other members and employees.

TOUR OF DUTY

The number of days of work on a given shift during which an individual member is on duty.

TRAINING BULLETIN

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.

Word usage.

(1)

Gender. Use of masculine gender herein shall also include, where applicable, the female gender.

(2)

May/should. As used herein, the words "may" and "should" shall mean that the action indicated is permitted.

(3)

Shall/will. The words "shall" and "will" as used herein shall indicate that the action required is mandatory.

(4)

Tense of words. The words used in the present tense include the future.