[HISTORY: Adopted by the Town Council of the Town of Newton 12-28-2011 by Ord. No.
2011-24.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 30, Police Department, adopted 6-8-1970 as Ch. 3 of the Revised General Ordinances; amended in its entirety 8-11-2008 by Ord. No. 2008-17. Ordinance No. 2011-24 stated that the establishment, maintenance, regulation and control of the municipal police department are provided for in N.J.S.A. 40A:14-118 et seq.
The Police Department of the Town of Newton is hereby established
and shall consist of a Chief of Police, a maximum of two police Lieutenants,
a maximum of five police Sergeants, a maximum of 16 patrol officers,
and such other special law enforcement officers, school crossing guards,
and employees that the Town Manager shall from time to time appoint.
The Town Manager is hereby designated as the "appropriate authority"
as defined by N.J.S.A. 40A:14-118, with all powers enumerated therein,
including the power to fix policies for the regulation and control
of the Police Department. The Town Manager shall be responsible for
the overall performance of the Police Department and shall adopt and
promulgate rules and regulations for the government of the police
force and for the discipline of its members.
A.
The head of the Police Department shall be the Chief of Police who
shall be appointed by the Town Manager and who shall carry out such
duties as the Town Manager shall assign to the Chief. The Chief of
Police shall be directly responsible to the Town Manager for the efficiency
and routine day-to-day operations of the Police Department and shall
have the authority to assign day-to-day duties to members and other
personnel of the Department. The Chief shall have full charge and
control of the apparatus and equipment of the Department and its assignment
and use, and shall be held responsible for its care, cleanliness,
and safekeeping, and render a strict account thereof when called for
by the Town Manager. The Chief of Police shall, pursuant to the policies
established by the Town Manager:
(1)
Administer and enforce rules, regulations, and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
(2)
Have, exercise, and discharge the functions, powers, and duties of
the force;
(3)
Prescribe the duties and assignments of all subordinates and other
personnel;
(4)
Delegate such authority as he or she may deem necessary for the efficient
operation of the force to be exercised under his or her direction
and supervision;
(5)
Report at least monthly to the Town Manager in such form as shall
be prescribed by the Town Manager on the operation of the force during
the preceding month, and make such other reports as may be requested
by the Town Manager;
(6)
Recommend to the Town Manager from time to time the purchase of new
equipment or the repair or rearrangement of such old equipment as
will increase the efficiency of the Department;
(7)
Keep the records of the Police Department in such manner and form
as may be prescribed by the Town Manager;
(8)
Report, in writing, whatever information the Town Manager or the
Chief of Police may deem necessary for the information of the Town
Manager or Town Council or for the public benefit and the good of
the Police Department; and
(9)
Recommend to the Town Manager rules and regulations for the conduct
and discipline of the members of the Police Department and amendments
to the rules and regulations as necessary.
B.
No person shall be appointed Chief of the Police Department unless,
in addition to all statutory requirements, he or she has graduated
high school with a diploma or equivalency, and has completed the municipal
Police Academy course of the State of New Jersey or an acceptable
equivalent course. He or she shall have a thorough knowledge of the
criminal statutes and laws of the State of New Jersey and of the ordinances
of the Town of Newton, and shall have the ability to prepare reports
and direct and administer the Police Department.
C.
In the event the Chief of Police is absent or goes on voluntary temporary
leave, he or she shall, if the Chief deems it necessary for the efficient
operation of the force, designate a member of the Police Department
to act as Chief of Police until the Chief of Police returns to duty.
In case of death, removal, suspension, incompetency or resignation
of the Chief of Police, or if the Town Manager determines that the
Chief of Police is incapable of making such designation, the Town
Manager shall designate the person to act as Chief until the Chief
of Police returns to duty or a successor is appointed. The person
so designated shall be charged with and perform all the duties of
the Chief of Police while so acting. Such temporary appointment shall
not increase the compensation of the person so designated.
The Police Department shall:
A.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Town, suppress riots, mobs, and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections, public meetings, and assemblages;
B.
Administer and enforce laws and ordinances to regulate, direct, control,
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons to protect the safety
and facilitate the convenience of motorists and pedestrians;
C.
Remove or cause to be removed all nuisances in the 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 license or permit, and report thereon to the
appropriate department;
D.
Provide proper police attendance and protection at fires and other
emergencies;
E.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state, county, and local governments; and
F.
Operate a training program to maintain and improve the efficiency
of the members of the Department, subject to the budgetary approval
of the Town Council.
A.
Each applicant for a position in the Police Department shall possess
the qualifications required by N.J.S.A. 40A:14-122. Except as otherwise
provided by law, no person shall be appointed as a member of the Police
Department unless he or she:
(1)
Is a citizen of the United States;
(2)
Is sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
as to his or her eligibility for membership in the retirement system;
(3)
Is able to read, write, and speak the English language well and intelligently;
(4)
Is of good moral character, and has not been convicted of any crime
or criminal offense involving moral turpitude; and
(5)
Has successfully undergone physical and psychological testing that
is required of all full-time police officers in the Town of Newton
and approved by the New Jersey Police Training Commission.
B.
The minimum age for appointment shall be 18 years, and the maximum
shall be 35 years old, except as set forth in N.J.S.A. 40A:14-127.1.
With the approval of the Town Manager, the Chief of Police may establish
additional qualifications and requirements relating to level or nature
of experience, training, or particular expertise for applicants for
particular positions that the Police Department seeks to fill. All
such additional qualifications shall be clearly specified in advertisements
for the open position. Superior officers shall satisfy such additional
qualifications as detailed hereafter. All appointments of new officers
or employees of the Department and all promotions shall be made by
the Town Manager, after receipt of reports or recommendations, if
submitted, from the Chief of Police.
C.
In addition
to the eligibility list(s) provided by Civil Service for police candidates,
the Town of Newton may also hire an individual who has successfully
completed a police training course at a school approved and authorized
by the New Jersey Police Training Commission, in accordance with N.J.S.A.
40A:14-1.3.
[Added 10-25-2021 by Ord. No. 2021-19]
A.
Each member of the Police Department shall, before entering upon
the performance of his or her duties, take and subscribe an oath to
bear true faith and allegiance to the government established in the
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 duties of his or her office, which oath
or affirmation shall be filed with the Municipal Clerk within 10 days
after appointment.
B.
The term of the regular police officers employed in the Department
shall be for the time that good behavior and efficiency is maintained.
Every newly appointed regular officer shall serve a probationary period,
which shall run until the later of 12 months from the start of employment
as an officer; or six months of service after successful completion
of the course at a New Jersey-certified police training academy unless
otherwise required under applicable statute or regulation. No member
shall serve as an officer or a member of the Department after attaining
the age of 65 years. Probationary officers may be removed from employment
by the Town Manager at any time during their probationary period or
at its conclusion upon notice and an opportunity to be heard.
A.
Classification of applicants.
(1)
The following classes are hereby established for appointment of all
members of the Police Department of the Town of Newton:
[Amended 10-26-2015 by Ord. No. 2015-31; 12-28-2015 by Ord. No. 2015-37]
(2)
Within each of the aforesaid classes, duly qualified applicants who
are veterans shall be accorded all veterans' privileges as are provided
by law. Persons discharged from the military service within six months
prior to making application for membership in the Police Department
of the Town of Newton who fulfill the requirements of N.J.S.A. 40A:14-123.1,
and who, thereby, are entitled to appointment notwithstanding their
failure to meet the New Jersey residency requirements at the time
of their initial application, shall be placed in Class 3.
(3)
The classes of qualified applicants as defined above shall be considered
as separate and successive lists of eligibles, and the New Jersey
Civil Service Commission shall be informed thereof so that certifications
from said Department when requested shall be made from said classes
separately and successively.
(4)
All applicants to be classified as Class 1 must be residents of the
Town of Newton as of the date of application and must maintain continuous
residence within the Town of Newton through the examination process,
up to and including the date of appointment.
(5)
The provisions of this section shall apply only to the initial appointments
and not to promotional appointments of persons already members of
the Police Department.
(6)
In making temporary appointments, the Town Manager may utilize the
classifications set forth in the subsections of this section, and
shall classify accordingly all duly qualified applicants for the position
to be temporarily filled.
B.
Order of appointment. The Town Manager shall first appoint to membership in the Police Department persons qualifying in Class 1 provided in the preceding Subsection A herein, and then those in each succeeding class in the order listed in said foregoing Subsection A and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
A.
Police Lieutenant. No person shall be appointed to the position of
Lieutenant unless, in addition to all statutory requirements, he or
she has completed the municipal Police Academy course of the State
of New Jersey, or an acceptable equivalent. The person shall have
served as a Police Sergeant in the Town of Newton Police Department.
A Lieutenant shall have the following duties:
(1)
Under supervision of the Chief of Police during an assigned tour
of duty, has charge of a police division or performs specialized supervisory
police duties and completes related work as required.
(2)
Gives suitable police assignments and instruction to Sergeants and
police officers; provides them with needed advice and assistance when
difficult problems or maneuvers arise; checks their work to see that
the proper procedures are followed; ensures that reasonable standards
of workmanship, conduct, and output are maintained; and achieves desired
police objectives as set forth by the Chief of Police.
(3)
Directs criminal and noncriminal investigations, ensuring that proper
police action is taken.
B.
Police Sergeant. No person shall be appointed to the position of
Sergeant in the Town of Newton Police Department unless, in addition
to all statutory requirements, he or she has graduated high school
with a diploma or equivalency, and has completed the municipal Police
Academy course of the State of New Jersey or an acceptable equivalent
course. The person shall have served as a patrol officer in the Town
of Newton Police Department for at least three years. A Sergeant shall
have the following duties:
(1)
Under supervision of a Police Lieutenant during an assigned tour
of duty, a Police Sergeant has charge of police activities intended
to provide assistance and protection for persons, to safeguard property,
to assure observance of the laws, and to apprehend law-breakers; and
does related supervisory work as required.
(2)
Gives suitable assignments and instructions to the patrol officers
on duty all or part of the assigned tour of duty; provides them with
advice and assistance when difficult and unusual situations arise;
and checks their work to see that proper procedures are followed and
that reasonable standards of workmanship, conduct, and output are
maintained; and that desired police objectives are achieved.
(3)
Establishes and maintains helpful and cooperative relations with
civic and business organizations, school officers, recreation and
other groups, court officers, and police authorities in other jurisdictions,
and others interested in the maintenance of law and order.
(4)
Notes conditions that are significant from a police standpoint, and
takes appropriate action to ensure that persons and property are safeguarded
and good order is maintained, and that patrol officers are doing their
work properly.
(5)
Sees that needed police protection is provided when there are fires,
outbreaks, and other conditions which may result in disorder, and
when large numbers of people congregate for any reason.
(6)
Prepares and directs the preparation of reports.
(7)
Directs criminal and noncriminal investigations and sees that appropriate
police action is taken.
C.
Patrol officer.
(1)
A candidate for patrol officer must meet the minimum standards for eligibility set forth in § 30-5 above and is subject to such other age and probationary qualifications as set forth in this chapter.
(2)
A patrol officer, during an assigned tour of duty, on foot, bike,
or in an automobile or other motorized vehicle, patrols a designated
area to provide assistance and protection for persons, to safeguard
property, to assure observance of the law, to apprehend investigate
criminal activity, and does related work as required or assigned.
D.
Special Law Enforcement Officer.
(1)
A "Special Law Enforcement Officer" means any person appointed pursuant
to N.J.S.A. 40A:14-146.8, et seq., to temporarily or intermittently
perform duties similar to those performed regularly by members of
the Police Department of the Town of Newton, or to provide assistance
to the Police Department during unusual or emergency circumstances.
(2)
There shall be two classes of Special Law Enforcement Officers. The
classifications shall be based upon the duties to be performed as
follows:
(a)
Class One: Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances, and violations of Title 39 of the New Jersey Statutes.
The use of a firearm by an officer of this class shall be strictly
prohibited, and no Class One officer shall be assigned any duties
which may require the carrying or use of a firearm.
(b)
Class Two: Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by an officer
of this class may be authorized by the Chief of Police only after
the officer has been fully certified as successfully completing training
as prescribed by the New Jersey Police Training Commission. The number
of Class Two Special Law Enforcement Officers shall not exceed 25%
of the total number of regular police officers in the Town of Newton
as required by N.J.S.A. 40A:14-146.17.
(3)
Pursuant to N.J.S.A. 40A:14-146.10, no person shall be appointed
as a special police officer unless the person:
(a)
Is a resident of the State of New Jersey during the term of
appointment;
(b)
Is able to read, write, and speak the English language well
and intelligently and has a high school diploma or its equivalent;
(c)
Is sound in body and of good health;
(d)
Is of good moral character;
(e)
Has not been convicted of any crime or criminal offense involving
dishonesty or which would make him or her unfit to perform the duties
of the office;
(f)
Has successfully undergone the same physical and psychological
testing that is required of all full-time police officers in the Town
of Newton; and
(g)
Has successfully completed a training course approved by the
New Jersey Police Training Commission.
(4)
Special police officers may be appointed for terms not to exceed
one year. Nothing herein shall be construed to require reappointment
upon the expiration of the term.
A.
Pursuant to N.J.S.A. 40A:9-154.1, the Town Manager may, in his discretion,
appoint persons at least 18 years of age as school crossing guards
in such numbers as the Town Manager may deem appropriate. No person
shall be appointed as a school crossing guard unless such person:
B.
School crossing guards shall be appointed for terms not to exceed
one year. The Town Manager may revoke such appointment for cause subject
to the provisions of the New Jersey Civil Service Act. The powers
and duties of a school crossing guard shall cease at the expiration
or termination of the term which the guard was appointed. The Town
Manager may choose not to reappoint an individual to the position
of School Crossing Guard without notice or cause.
C.
School crossing guards shall not be members of the Police Department,
but shall be under the supervision and direction of the Chief of Police
and shall comply with the rules and regulations applicable to the
conduct and decorum of regular police officers. They shall perform
their duties only in the Town of Newton.
D.
School crossing guards are not authorized to carry or use firearms
and shall not have the power of arrest.
E.
Every school crossing guard shall receive such training and uniform
as provided by law.
The Town Manager, as appointing authority, shall, from time
to time as may seem necessary in his judgment, and pursuant to the
authority of N.J.S.A. 40A:14-118, adopt and amend the rules and regulations
for the conduct and discipline of the Police Department and members
thereof. The Town Manager shall distribute copies of any newly adopted
rule, regulation, or amendment promptly after its adoption to the
Chief of Police. Any such rule, regulation, or amendment shall take
effect 30 days after adoption unless the Town Manager shall declare
in his adoption that an emergency exists which requires a rule, regulation,
or amendment to take effect immediately. Said rules and regulations
may fix and provide for the enforcement of such rules and regulations
and the enforcement of penalties for any violations. All members and
employees of the Police Department shall be subject to such rules,
regulations, and penalties.
Departmental discipline is to be administered in accord with
the rules and regulations of the Department as promulgated by the
Town Manager and in accord with N.J.S.A. 40A:14-147, relevant provisions
of the New Jersey Civil Service Act and regulations related thereto,
and applicable court decisions.
The regular hours of employment of uniformed members of the
Police Department shall not exceed 12 consecutive hours in one day,
nor 48 hours in any one pay period; provided that in the case of an
emergency, the Chief of Police or his designee shall have full authorization
to summon and keep on duty any and all such members during the period
of emergency or staffing shortage.
A.
Duty firearms, holsters, and magazine holders for members of the
Police Department authorized to have such equipment shall be furnished
by the Town and remain its property. The expense of obtaining all
other required uniforms and equipment shall be borne by each officer.
Only Special Law Enforcement Officers shall be furnished uniforms
and related equipment by the Town, to be issued by the Chief of Police.
Upon issuance of property to a member of the Department, the Chief
of Police shall take a receipt from the member obtaining the property.
Members receiving property from the Department shall be responsible
for same and upon leaving the service for any cause shall turn in
to the Chief of Police all property belonging to the Town. The reasonable
value of any property, including uniforms and equipment not returned,
shall be deducted from the amount of salary or wages due each member.
B.
The members of the Police Department shall, when on duty, wear such
uniforms and equipment as shall be prescribed from time to time by
the Chief of Police and shall at all times present a neat, clean,
and respectable appearance.
A.
Purpose. For the convenience of those persons and entities which
utilize the services of off-duty law enforcement officers of the Newton
Police Department and to authorize the outside employment of Town
police while off duty, the Town hereby establishes a policy regarding
the use of said officers.
(1)
Members of the Police Department shall be permitted to accept police-related
employment from 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 duty for the Town.
(2)
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police, which approval shall be
granted if, in the opinion of the Chief, such employment would not
be inconsistent with the efficient functioning and good reputation
of the Police Department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
B.
Escrow accounts.
(1)
Any person or entity requesting the services of an off-duty law enforcement officer in the Newton Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Town Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 30-15D for the total estimated hours of service.
(2)
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his designee shall verify that the
balance in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the Town Treasurer. No officer shall provide any
such services for more hours than are specified in the request for
services.
(3)
In the event the funds in such an escrow account should be depleted,
services of off-duty law enforcement officers shall cease and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
(4)
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption in service.
C.
Requests for services. All requests to the Town for the services
of off-duty law enforcement officers in the Newton Police Department
for a period of one week or longer shall be forwarded to the Chief
of Police for posting at least 10 days before such services are required.
Any law enforcement officers, when so employed by the Town, shall
be treated as an employee of the Town; provided, however, that wages
earned for outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed, nor shall hours
worked for outside employment be considered in any way compensable
as overtime.
D.
Rates of compensation; administrative fee.
(1)
Rates of compensation for contracting the services of off-duty law
enforcement officers shall be based on a rate of time and one-half
of top step patrolmen as currently established by contract.
(2)
An additional per-hour fee is established to cover administrative
costs, overhead, and out-of-pocket expenses of the Town of Newton
in accordance with the hourly rate as currently set forth in the Town
of Newton Fee Schedule.
All ordinances, codes or parts thereof inconsistent with any
provisions of this new chapter are hereby repealed to the extent of
such inconsistency. If any section or provision of this chapter shall
be held invalid by any court of competent jurisdiction, the same shall
not affect the other sections or provisions of this chapter, except
so far as the section or provision so declared invalid, which shall
be inseparable from the remainder of any portion thereof.
