[Adopted 4-3-1980 as Sec. 2-8 of the 1980 Code]
[Amended 3-17-2015 by Ord. No. 2015-4; 3-7-2017 by Ord. No. 2017-01]
A. Police Department is hereby established in the Borough of Chester, County of Morris, and State of New Jersey. Within the context of N.J.S.A. 40A:14-118 and organizational structure of the Borough government, the “appropriate authority” shall mean the Borough Administrator, except within the context of promotions within the Police Department wherein the Mayor and Council shall be deemed the “appropriate authority” as more fully set forth in §
55-9 hereinbelow.
B. Pursuant to law, the Borough of Chester has the option to either create, staff and maintain an active Police Department, or enter into a contract for police services with another municipality or public entity pursuant to N.J.S.A. 40A:65-1 et seq. On December 20, 2016, the governing body of the Borough of Chester chose to enter into a Police Services Agreement with Chester Township whereby the existing police officers and operation are transferred to the Township of Chester. As a consequence of this contract for services, §§
55-2 through
55-12 of the Code of Ordinances although cited herein, are hereby superseded by said service contract but shall take effect should the Police Department be reestablished as a local agency. During the life of the contract, the Chester Police Department, a department of Chester Township, shall have the full power and authority to enforce all laws, regulations, and Borough ordinances within the jurisdiction of the Borough of Chester.
[Amended by Ord. No. 83-19; Ord. No. 86-11; 7-7-2015 by Ord. No. 2015-9]
A. The Police Department shall consist of a Chief of Police and may
include one Lieutenant, two Sergeants, a Corporal, and not more than
10 patrolmen, and such number of special patrolmen and chaplains,
all as the Borough Council shall from time to time designate by resolution.
B. The Chief of Police shall have all of the powers set forth in N.J.S.A.
40A:14-118 and who shall be directly responsible to the Borough Administrator
for the efficiency and routine day-to-day operations of the Police
Department. The Chief of Police shall, pursuant to policies established
by the Borough Council:
(1) Conduct and manage the day-to-day operations of the Police Department
within the budget approved for the Department.
(2) Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the police force,
its officers, and personnel.
(3) Have, exercise and discharge the functions, powers and duties of
the police force.
(4) Prescribe the duties and assignments of all subordinates and other
personnel.
(5) Delegate such of his authority as the Chief may deem necessary for
the efficient operation of the police force to be exercised under
the Chiefs direction and supervision.
(6) Report at least every two weeks, or more often if needed, to the
Administrator and/or Mayor regarding the operations of the police
force and public safety issues; and report promptly whenever there
is an unusual event or occurrence within the Borough which may be
of public interest.
(7) Report at least monthly at regular meeting(s) of the Borough, or
by any such other forms as the Borough shall require, as to the operation
of the police force during the preceding month; and make such other
reports as may be requested by the Borough Council.
(8) In conjunction with the Mayor and Council, implement changes within
the Police Department to meet or exceed the vision for the department
as articulated by the Mayor and Council, as adopted by resolution
from time to time.
The officers and members of the Police Department
shall be appointed and designated by the Borough Council and shall
receive such salary as the Borough Council may determine.
The Borough Council shall adopt, by resolution,
rules and regulations for the government and discipline of the Police
Department and members thereof. The rules and regulations shall fix
and provide for the enforcement of penalties for the violation of
such rules and regulations, and the members of the Police Department
shall be subject to such rules, regulations and penalties.
[Amended by Ord. No. 83-17; 3-3-2009 by Ord. No. 2009-1]
To be eligible for appointment to the Police Department, an
officer or member must meet the qualifications as set forth in the
laws of the State of New Jersey and any ordinances and resolutions
of the Borough.
[Amended by Ord. No. 88-21]
A. The members of the Police Department shall severally
hold their respective offices and continue in their respective offices
and continue in their respective employment during good behavior and
efficiency, and no person shall be removed from office or employment
in the Police Department for political reasons or for any other cause
than incapacity, misconduct or disobedience of the rules, regulations,
orders and resolutions established or which may be established for
the Police Department; provided, however, that any member of the Police
Department who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence, shall
be subject to dismissal from the Department.
B. In the event disciplinary charges are preferred against any member of the Police Department by the Chief of Police, such charges shall be referred to the Borough Administrator, who shall then refer the same to the governing body for disposition as hereinafter provided by law. Charges against the Chief of Police shall be forwarded directly to the governing body for disposition as hereinafter provided. The Chief of Police shall refer charges against any other member of the Police Department to the Borough Administrator, who in turn shall refer same to the governing body for disposition as hereinafter provided. The governing body shall have the power to conduct hearings on such charges and to discipline in accordance with the rules and regulations as provided under §
55-4.
C. The governing body in its discretion may appoint a
hearing officer to conduct any hearings, including the Chief of Police
for minor charges. Such officer shall file in writing his findings,
together with recommendations to the governing body which shall have
the power to follow such recommendations, modify or amend the same.
Special police officers, including men and women,
may be appointed by the Borough Council for a term not exceeding one
year. Any such appointment may be revoked at any time without notice
and without hearing. Such special officers shall not be members of
the Police Department, and shall not be entitled to any rights or
privileges of a member of the Police Department.
[Amended 3-3-2015 by Ord.
No. 2015-2]
The Borough Council hereby establishes the rank
of police chaplain within the Police Department. No person shall be
qualified to serve in the position of chaplain unless he shall be
an ordained member of the clergy in good standing in the religious
body from which he is selected. The position of chaplain shall be
an annual appointment by the Borough Council, which may include a
stipend to be determined by the Borough Council at the time of appointment.
It shall be the function of the chaplain to be the special assistant
to the Chief of Police and the adviser to all members of the Police
Department. The chaplain shall not be in the order of the seniority
or supervision of the Police Department. The chaplain shall, in addition
to the duties described above, perform such special assignments as
may be reasonably requested of him by the Mayor, members of the Borough
Council, Chief of Police or members of the Police Department.
[Adopted by Ord. No. 98-07]
For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Chester Borough Police Department and to authorize the outside
employment of borough police while off-duty, the borough hereby establishes
a policy regarding the use of said officers.
A. Members of the Police Department shall be permitted
to accept police related employment for private employers or school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duties for the borough.
B. Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police or his designee,
which approval shall be granted if in the opinion of the Chief, such
employment would not be inconsistent with the efficient functioning
and good regulation of the Police Department, and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work.
C. The policy of the Borough shall be to comply with
requests to the Borough of Chester for the services of off-duty law
enforcement officers when practicable. In the event that the Chief
of Police or his designee denies a request for the services of off-duty
law enforcement officers from the ranks of the Chester Borough Police
Department or other police departments, any person or entity making
such request may petition the governing body of the Borough to obtain
approval to directly employ the services of off-duty certified law
enforcement officers from outside the Borough Police Department. Such
petition shall include a full and complete description of the law
enforcement services to be met from such outside officers, and present
proof of adequate workers’ compensation insurance and public
liability insurance to satisfy the Borough’s Risk Manager. All
outside officers approved by the Borough and employed by the petitioner
shall be subject to the direction of the Borough Chief of Police.
As a condition of any approval that may be given, the petitioner shall
agree to defend, indemnify, and hold the Borough harmless against
any claims asserted by, against, or as a result of the petitioner’s
use and employ of police officers from outside of the Chester Borough
Police Department.
[Added 6-19-2007 by Ord. No. 2007-11]