Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Boonton 3-25-1985 by Ord. No. 335; amended in its entirety 8-23-1993 by Ord. No. 487. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 15.
Mutual aid — See Ch. 19.

§ 28-1 Establishment; membership.

[Amended 8-27-2001 by Ord. No. 642]
There is hereby established in and for the Township of Boonton a Police Department which shall consist of a Chief of Police, not more than two Lieutenants, not more than six Sergeants, and not less than seven nor more than 12 patrolmen.

§ 28-2 Designation of appropriate authority.

The Township Committee shall be designated as the appropriate authority as provided in the New Jersey Statutes, N.J.S.A. 40A:14-118. It shall be responsible for the overall performance of the Police Department, and it shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 28-3 Chief of Police; powers and duties.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Township Committee for its efficiency and day-to-day operations. Pursuant to policies established by the Township Committee, the Chief of Police shall:
A. 
Administer and enforce rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all members and officers.
D. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control.
E. 
Report at least monthly to the Township Committee in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Township Committee.

§ 28-4 Appointment of police officers.

All members of the Boonton Township Police Department shall be appointed by the Township Committee in accordance with N.J.S.A. 40A:14-118 et seq. and the terms of this chapter.

§ 28-5 Qualifications.

A. 
Each member and officer shall be a citizen of the United States, be of good moral character, sound in body and in good health and be able to read, write and speak the English language well and intelligently. In addition, every member and officer shall be a high school graduate and shall comply with all eligibility requirements as set forth in the laws of the State of New Jersey. Commencing with the effective date of this amendment, each applicant for membership in the police force shall have earned at least 60 college credits from an accredited college or university or have completed four years of active military service concluding with an honorable discharge. No person shall be appointed to the police force who has not been a resident of the State of New Jersey for at least six months prior to the date of appointment.
[Amended 3-10-2014 by Ord. No. 830]
B. 
No person shall be appointed or retained as an officer or member of the Police Department who has been convicted of a crime constituting an indictable offense or one involving moral turpitude or who is not within the age limits as specified by law. Nothing herein contained shall be construed to prohibit the continuance in office or employment of any person who was employed by the Township of Boonton in the capacity of a policeman at the time of the adoption of Ordinance No. 263 in 1966.
C. 
No person shall be given a permanent appointment as an officer or member of the Police Department unless: he has passed a medical and psychological examination; he has satisfactorily passed an examination given by the New Jersey State Association of Chiefs of Police; and he has received a certificate of completion from the Police Training Commission in accordance with the laws of the State of New Jersey.

§ 28-6 Probationary period.

Each person hereafter appointed to the Department shall first serve a probationary period of 12 months from the date of his appointment. During the probationary period, he shall be known as a "probationary officer." At the termination of said probationary period, the appointment as an officer shall become final upon the recommendation of the Police Chief and the consent of a majority of the members of the Township Committee. However, the Township Committee, for good cause shown, may, by resolution, waive the probationary period or any part thereof for any appointee who has had previous experience as a police officer and who otherwise meets the qualifications as set forth in the Police Ordinance of the Township of Boonton and the laws of the State of New Jersey.

§ 28-7 Complaint against officer; hearing.

Disciplinary action shall be taken against members of the Police Department in accordance with the rules and regulations adopted by resolution pursuant to § 28-13 of this chapter. The Chief of Police, however, may file a written complaint with the Township Committee in accordance with N.J.S.A. 40A:14-147, setting forth charges against a member or officer of the Police Department. Said complaint shall be filed with the Township Clerk who will immediately forward it to the Township Committee. A copy of said complaint shall thereafter be served upon the member or officer so charged. The copy served upon the officer so charged shall contain a notice of hearing setting forth the date and time of the hearing which shall be held by the Township Committee not less than 10 nor more than 30 days from the date of service of the complaint. A failure to comply with the provisions of this section as to the service of the complaint shall require a dismissal of the complaint. On the designated date, the Township Committee will conduct a disciplinary hearing. No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations.

§ 28-8 Oath of office.

Before entering upon the duties of his office and within five days after his appointment, each member of the Police Department shall take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of his appointment as a member of the Police Department and in accordance with the statutes of the State of New Jersey relating to the oath to be taken.

§ 28-9 Hours and days devoted to duty.

Each member of the Police Department shall devote his entire time and attention to the duties of the Department, subject to the laws of the State of New Jersey and the employment contract then in force with the Township of Boonton, with respect to the number of days per week and the number of hours per day such members shall be and remain on duty.

§ 28-10 Powers and duties.

The powers and duties of the police and members of the Police Department shall be as prescribed by the laws of this state, the ordinances and resolutions of the Township of Boonton and such rules and regulations as may now or hereafter be adopted for the government and discipline of the Department. All members of the Department shall have the power to serve and execute all processes issued by the Municipal Judge of the Township and in accordance with the laws of the State of New Jersey.

§ 28-11 Special law enforcement officers.

A. 
The Township Committee may appoint from time to time special law enforcement officers in accordance with New Jersey Statute, N.J.S.A. 40A:14-146.8, et seq., for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statues during their term in office, but shall not be members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and the power of arrest.
B. 
There shall be two classifications of special officers. The Police Training Commission shall prescribe by rule or regulation the training standards to be established for each classification. The classifications shall be based on the duties to be performed by the special law enforcement officer, as follows:
(1) 
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 Township ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited. No Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
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 only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
C. 
No person may be appointed as a special law enforcement officer unless the person:
(1) 
Is a resident of this state during the term of appointment.
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(3) 
Is sound in body and of good health.
(4) 
Is of good moral character.
(5) 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.
(6) 
Has successfully undergone the same psychological testing that is required of all full-time police officers in the Township.

§ 28-12 Compensation.

The compensation of the Chief of Police and members of the Police Department shall be determined by the Township Committee by ordinance. Such compensation shall be pursuant to contract in such amount or amounts as shall be negotiated between the individuals involved or their representative and the Township Committee or its representative and approved as part of the Township budget. Salaries and compensation of special police officers shall be determined by the Township of Boonton Committee by ordinance.

§ 28-13 Additional rules and regulations; acquisitions.

A. 
The Township Committee may prescribe and establish such rules and regulations respecting the Department and its operation and make provisions for the acquisition of such apparatus, equipment and vehicles as it may deem necessary or useful for the Police Department.
B. 
The Township Committee shall, by resolution, from time to time as in its judgment may seem necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and members thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members of the Police Department shall be subject to such rules and regulations and penalties.