A Police Department is hereby created and established
in the Township of Carneys Point to consist of a Chief of Police,
which person shall be deemed to hold the highest ranking office or
position in the Carneys Point Township Police Department, and such
superior officers of lesser rank as well as police officers as, from
time to time, may be determined by the Township Committee.
The Township Committee of the Township of Carneys
Point shall, at all times, have full power and authority, in its sole
discretion, to amend or supplement this chapter and the rules and
regulations which are hereafter adopted pursuant hereto, to repeal
any part of this chapter, to repeal any one or more of the regulations
and to repeal this chapter in its entirety.
[Amended 8-12-1998 by Ord. No. 636; 6-4-2008 by Ord. No.
807]
The Police Department shall consist of the following
offices and positions:
A.
Chief of
Police.
B.
Deputy Chief
of Police.
C.
Captain.
D.
Lieutenants
of Police.
E.
Sergeant
First Class of Police.
F.
Sergeants
of Police.
G.
Corporals
of Police.
H.
Police officers.
I.
Lay employees,
including, but not limited to, dispatchers, clerks and typists.
J.
Chaplain
(term: at will).
[Added 6-17-2015 by Ord.
No. 903]
The Township Committee shall appoint a person
to fill the post of Chief of Police. In addition, the Township Committee
shall appoint persons to fill such other offices and positions as
set forth in this article as it shall, in its sole discretion, deem
necessary from time to time. The Township Committee may leave one
or more of the above-described positions vacant as it, in its sole
discretion, deems appropriate.
A.
Notwithstanding the provisions of § 25-4, the Township Committee may appoint a person to fill the post of Acting Chief of Police when the position of Chief of Police is vacant. Such an appointment may last for a probationary period of up to one year or such other extended probationary period as allowed by applicable state statute. No Acting Chief of Police shall accept or receive a permanent appointment unless he has successfully mastered the requirements for Chief of Police as set forth herein and in other relevant statutes and regulations. Continuation of employment is dependent upon the conduct of the appointee and the fitness of the appointee to perform the assigned duties. At the termination of the probationary period, if the conduct, capacity or performance of the Acting Chief of Police has not been satisfactory, he shall be notified, in writing, that he will not receive a permanent appointment and his employment as Acting Chief of Police shall be terminated by the Township Committee. No Acting Chief of Police shall be required to forfeit any previously vested employment rights in Carneys Point Township by virtue of said appointment.
B.
At or before the end of the aforementioned probationary
period, the Mayor, or his designee, shall report to the full Township
Committee regarding the progress made by the Acting Chief of Police.
Such report shall set forth the recommendation of the Mayor, or his
designee, as to whether or not to continue the service of such appointee.
Upon receiving said recommendation, the Township Committee shall determine
whether or not to continue the employment of the Acting Chief of Police.
In the event of favorable review and formal action by the Township
Committee, the individual shall assume the position of Chief of Police
of the Township of Carneys Point. In the event of termination, the
Township Committee, or its designee, shall give written notice to
the appointee as to the action of the Township Committee.
Unless otherwise directed by the Chief of Police,
command shall be exercised by virtue of rank. In the case of equal
rank, command shall be exercised by virtue of length of service in
such rank. In the event that the rank and length of service are equal,
command shall be exercised by virtue of length of service in the next
preceding rank. During the temporary absence of a commanding officer,
when no other provision is made by competent authority, command automatically
devolves upon the subordinate next in rank or upon the subordinate
present with seniority, if rank is equal. Members of the Department
who may be placed temporarily in the position of a member of higher
rank by proper authority shall exercise the authority and perform
the duties of such higher position and shall be held responsible in
like manner as if regularly appointed to such office. They shall not
alter or countermand any order issued by the member whose place they
temporarily occupy, except when the expediency of police action demands
or in cases of emergency when it shall be temporarily necessary to
take emergency action at variance to such order. In this case, the
member so doing shall properly report, in writing, to his immediate
superior the reasons therefor.
Any reference to "police officer" shall include
"patrolmen" and/or "patrolwomen." In addition, use of the words "he"
or "his" in this chapter shall be deemed to include the words "she"
or "her."
The responsibility for the assignment and/or
reassignment of any police personnel to any duty, position, division
or section shall be the responsibility of the Chief of Police.
The Chief of Police, Deputy Chief of Police,
Captain, Lieutenants of Police and Sergeants of Police, police officers
and support personnel shall be appointed to office by resolution of
the Carneys Point Township Committee.
A.
All persons appointed as command officers and police
officers in the Police Department of the Township of Carneys Point
shall possess those requisite qualifications prescribed by applicable
statutes of the State of New Jersey.
B.
No person may be appointed a command officer or police
officer in the Police Department of the Township of Carneys Point
unless he is:
(1)
A citizen of the United States and the State of New
Jersey.
(2)
Of sound body and of good health sufficient to satisfy
the requirements of the New Jersey Police and Firemen's Retirement
System.
(3)
Able to read, write and speak the English language
well and intelligently.
(4)
Of good moral character.
(5)
Not less than 18 years of age.
(6)
Physically and mentally sound and emotionally stable
and possess the necessary ability to understand and obey orders and
to perform the duties of the Police Department.
(7)
Able to successfully complete his term as a probationary
police officer for the time period of one year or any extended period
as prescribed by state statute.
(8)
Never been convicted of any criminal offense.
(9)
A licensed New Jersey driver, which license allows
operation of all police vehicles owned at such time by the Township
of Carneys Point.
(10)
A high school graduate or the possessor of a general
education diploma.
C.
No person shall be appointed as a command officer
or police officer of the Township of Carneys Point unless he shall
have:
(1)
Satisfactorily completed and filed a written application
on the form prescribed by the Chief of Police.
(2)
Qualified by passing the physical, written and oral
admission tests as required by the Chief of Police.
(3)
Submitted to and passed a medical, physical and psychological
examination conducted by a physician approved by the Township Committee.
D.
No person shall be considered for appointment as a
command officer or police officer of the Township of Carneys Point
who:
(1)
Lacks the established qualification requirements for
the position applied for.
(2)
Is physically, mentally or emotionally unfit to perform
effectively the duties of the position applied for.
(3)
Is addicted to the use of drugs or intoxicating liquors.
(4)
Has been convicted of any criminal offense.
(5)
Has made false statements of a material fact or practice
in his application, tests or in securing eligibility for appointment.
Every person appointed to the Police Department
of the Township of Carneys Point shall be required to take and subscribe
to an oath or affirmation as may be required and prescribed by the
laws of the State of New Jersey before his appointment by the Township
Committee as set forth in this chapter.
All appointments of police officers to the Carneys
Point Township Police Department shall be for a probationary period
of one year or such extended probationary period as allowed by applicable
state statute. No probationary police officer shall be given or accept
a permanent appointment unless he has successfully completed a police
training course at an approved school. Continuation of employment
is dependent upon the conduct of the appointee and the fitness of
the appointee to perform his duties.
At or before the end of the probationary period,
the Chief of Police of the Carneys Point Township Police Department
shall report, in writing, to the Township Committee regarding the
progress made by the probationary officer. Such report shall set forth
the recommendation of the Chief as to whether or not to continue the
service of any such appointee. The Township Committee shall determine
whether or not to continue the employment of the probationary officer.
In the case of termination of service, the Township Committee or its
designee shall give written notice to the appointee in question.
The employment of support personnel may be terminated
at any time by the Township Committee with or without cause as allowed
by applicable state law.
All persons appointed to the Police Department
of the Township of Carneys Point shall have their fingerprints taken,
which fingerprints shall be filed with the Division of State Police
as well as the Federal Bureau of Investigation.
All command officers and police officers appointed
by the Township Committee shall have the following duties and responsibilities:
A.
It shall be the duty of each police officer of the
Township of Carneys Point to acquaint himself at all times with the
ordinances of the Township, the rules and regulations governing the
Department and the general orders and to closely examine all cases
where he may have reason to suspect that an ordinance or a state law
may be violated and to report the same to the officer in command.
Failure on the part of any member of the Department to comply with
the requirements of this section shall be sufficient grounds for penalties
that may be prescribed or, as the case may be, for immediate dismissal.
B.
In addition to the general duties specified herein,
each officer of the Police Department, commensurate with his rank
or assignment, shall:
(1)
Have the responsibility and obligation to uphold the
Constitution and the laws of the State of New Jersey and the ordinances
of the Township of Carneys Point.
(2)
Have the responsibility to carry out the orders of
the Chief of Police and all other superior officers, whether such
orders are written or verbal.
(3)
Maintain order and morality, preserve the peace, prevent
crime and protect life and property.
(4)
Investigate crimes, make legal arrests and serve subpoenas.
(5)
Be responsible for maintaining good public relations.
(6)
Prevent accidents, provide emergency service for sick,
injured and insane persons, locate missing persons, recover missing
property, regulate traffic and give guidance and information about
the Township.
(7)
Supervise the work of personnel assigned to him through
individual discussions, conferences and written orders.
(8)
Be responsible for investigations of any unlawful
acts performed or existing in the Township, including, but not limited
to gambling, vice and crime.
(9)
Be responsible for the transmittal of all necessary
orders and directives to his subordinates and to his relief.
(10)
Familiarize himself with all orders issued to him
by superior officers and with all relevant orders issued to the man
he relieves.
(11)
Assure himself that subordinates are adhering to all
rules, regulations, orders and procedures of the Department.
(12)
Be responsible for the quality and effectiveness of
police services rendered by his subordinates.
(13)
Be responsible for the conduct and discipline of his
subordinates.
(14)
Prepare cases for court, attend hearings and testify
before courts, as required.
(15)
Make an immediate written report to a superior officer
of any bribe attempt.
(16)
Treat the public with courtesy and respect, keeping
in mind the necessity of public respect for the police force.
(17)
Ensure the order and cleanliness of Township property
and equipment assigned to him.
(18)
Report, in writing, immediately to his superior officers
the loss of any equipment necessary for the performance of his duty.
(19)
Give his name upon proper request.
(20)
Maintain a notebook for the purpose of filing departmental
directives issued by the Chief of Police. Such directives shall instruct
and guide personnel in the performance of their duties.
The Chief of Police shall have the following
duties and responsibilities:
A.
The Chief shall be responsible for the general direction,
control and supervision of the Police Department as authorized and
provided by statute, ordinance, rules, regulations and directives
of the Township Committee.
B.
The Chief shall be the head of the Department and
shall be the final departmental authority in all matters of policy,
operations and discipline and shall:
(1)
Be responsible for the prevention of crime and the
repression of criminal activity and protection of life and property,
preservation of peace and public compliance with all laws. The Chief
of Police shall be supplied with officers and support personnel, as
needed, and equipment to assist in the attainment of these objectives,
and he must organize, direct, coordinate and control in a manner that
will ensure the most effective and economical accomplishment of that
purpose.
(2)
Be responsible for the observation and enforcement
of all laws of the state and ordinances of the Township of Carneys
Point as well as the enforcement of the rules and regulations of the
Police Department and shall perform such duties as shall be prescribed
by the Township Committee.
(3)
Instruct and direct all members of the Police Department,
including command officers, police officers and support personnel,
assigned to active duty with respect to their duty and shall require
that all such duties be properly performed and that all rules and
regulations herein established be strictly obeyed and complied with
and shall generally maintain a high degree of efficiency of the Police
Department.
(4)
Be the executive officer of the Department, subject
to rules and regulations and orders as the Township Committee prescribes,
and be responsible to the Township Committee for the conduct, management
and efficiency of the Police Department.
(5)
Have charge of all property of the Township used by
the Department and attend to the repair and maintenance of all such
property and equipment to ensure effective use.
(6)
Receive and have custody of lost personal property
found by members of the Police Department or by other persons and
delivered to the Police Department; have the custody of personal property
stolen or wrongfully taken and thereafter recovered by the Police
Department; and take proper measures for the purpose of returning
all such personal property to the owner.
(7)
With the prior approval of the Township Committee,
establish such bureaus or divisions as may be required for the proper
functioning of the Department's work and shall assign the officers
under his command to such duties as judged in the best interest of
the Department.
(8)
Assign and/or change the hours of any personnel under
his command, assign such members of the Department to special duty
or require them to perform extra duty whenever there is a necessity
for the same.
(9)
Devote energies and plan activities for the health,
welfare, safety and general well-being of the citizens and residents
of the Township. He shall stimulate in the members of the Police Department
a concern for the well-being of all the people and property in the
community and an appreciation and respect for the rights and liberty
of all persons. He shall constantly require the members of the Police
Department to strive for a high degree of excellence in the quality
of law enforcement and service rendered by them.
(10)
For just cause, suspend from duty with or without
pay any police officer in the Department and present to the Township
Committee without delay a written report setting forth reasons for
suspending an officer and, if the suspension is for more than five
days, request a hearing before the Township Committee.
(11)
For just cause, relieve from active duty with or without
pay, for not more than five days, any police personnel who have violated
or has violated any terms or provisions of this chapter or the rules
and regulations herein established. He shall notify the Township Committee
of such action.
(12)
Be the supervisory head of any bureau or division
that exists or may be formed within the Police Department and designate
a member of the Police Department to be the officer in charge of any
bureau or division when deemed necessary or advisable for the efficient
operation of the same.
(13)
Delegate such powers as may be deemed necessary for
the efficient administration of the Department to be exercised under
his direction and supervision.
(14)
Report monthly to the Township Committee on the work
of the Department. Such report shall be prepared in a form directed
or approved by the Township Committee.
(15)
Prepare an annual report to be submitted prior to
January 10 of each year regarding the status of the Police Department
during the preceding year, recommendations, if any, regarding steps
to be taken to upgrade police work within the Township of Carneys
Point and recommendations for changes, if any, regarding the form
and nature of this chapter.
(16)
Prepare and recommend that the Township Committee
adopt rules and regulations for the control, disposition and discipline
of the Police Department. Such rules may pertain to training, efficiency,
the use and care of equipment and apparatus and all other appropriate
matters pertaining to the operations of the Police Department.
Command officers and police officers of the
Carneys Point Township Police Department shall hold their respective
office and employment in accordance with this chapter and other applicable
law and continue in such during good behavior, efficiency and compliance
with the requirements established by this chapter and applicable law.
No command officer or police officer of the
Carneys Point Township Police Department shall be removed from office
or suspended, reduced in rank or subject to other penalty except for
just cause, as hereinbefore provided, and then only after a hearing
upon the charge or charges of the cause of the complaint referred
against such member, which charge or charges shall be submitted, investigated,
heard and disposed of in the following manner:
A.
All charges preferred against a member of the Police
Department shall be in writing and signed by the person who is making
the same and a copy delivered to the Chief of Police and the individual
charged.
B.
The Chief of Police, upon receiving such charges,
shall forthwith investigate the same and, if he shall find such charges
to be true, may impose upon the offender punishment consisting of
a warning, reprimand or suspension from duty without pay for a period
not to exceed five days. The Chief of Police shall inform the Township
Committee, in writing, of the imposition of any such penalty within
24 hours thereof.
C.
If the Chief of Police shall determine that any charges
are true and that the severity of the offense warrants a greater punishment
than that which he is empowered to impose, he shall transmit such
charges to the Township Committee. Upon receipt of such charges, the
Township Committee shall promptly cause written notice of the same
to be served upon the accused and set a date of not less than 10 days
nor more than 30 days after the date of service to appear before the
Township Committee for a hearing upon such charges. At the time and
place fixed for such hearing, the governing body shall receive evidence
in support of the charges and shall afford to the accused an opportunity
to be heard, to cross-examine witnesses appearing in support of the
charges, to present evidence on his own behalf, to be represented
by counsel and, in general, to permit the accused reasonable opportunity
to make a defense. The Township Committee may also retain an attorney
to prosecute any charges filed by the Chief. If, upon conclusion of
the hearing, the governing body of the Township shall determine that
the charges have been established, it shall, in its discretion, remove
the offender from office, reduce the offender in rank or suspend the
offender without pay for such period as the Township Committee deems
appropriate.
D.
Nothing contained herein shall deprive any member
of the Police Department of any right of appeal accorded by the laws
of the State of New Jersey.
The Chief of Police shall promptly report to
the Township Committee each and every case of dereliction of duty
of any member of the Police Department coming in any way to his knowledge
and also any complaints made to him against any member of the Police
Department.
When any member of the Police Department is
suspended from office, tried and found guilty and afterwards reinstated,
he shall not receive any pay or benefits for the period of such suspension
unless otherwise ordered by the Township Committee.
A.
Within the limitations set forth in the statutes of
the State of New Jersey as well as ordinances of the Township of Carneys
Point, the Department disciplinary authority and responsibility rest
with the Chief of Police and, except for oral reprimands and emergency
suspensions, Department discipline must be taken or approved by the
Chief of Police.
B.
Other supervisory personnel may take the following
disciplinary measures:
(1)
Oral reprimand.
(2)
Written reprimand, subject to approval by the Chief
of Police.
(3)
Emergency suspension. Any command or supervisory officer
shall have the authority to impose emergency suspension until the
next business day against any member when it appears that such action
is in the best interest of the Department.
(4)
Written recommendations for other penalties.
A.
Whenever disciplinary action is taken or recommended,
except for oral reprimand, a written report must be submitted immediately,
in triplicate, containing the following information:
(1)
The name, rank, badge number and present assignment
of the person being disciplined.
(2)
The date, time and location of the misconduct.
(3)
The section number of the violated rule and common
name of the infraction.
(4)
A complete statement of the facts of the misconduct.
(5)
The punishment imposed or recommended.
(6)
The written signature, badge number and rank of the
preparing officer and his position in relation to the member being
disciplined.
C.
Appeals from penalties imposed as a disciplinary measure
may be taken as provided in the provisions of N.J.S.A. 40A:14-147
through 40A:14-151, as amended, inclusive, and the ordinances of the
Township of Carneys Point.
Complaints by the citizens against members of
the Department shall be processed in accordance with the following
rules:
A.
All complaints shall be referred to the Chief of Police.
B.
The Chief of Police will either investigate the complaint
or assign a member of the Department to investigate the complaint.
C.
The Chief or the member assigned the investigation
of an alleged act of misconduct on the part of a member of the Department
shall conduct a thorough and accurate investigation. Such investigation
shall include obtaining a signed statement from all parties concerned
when necessary and pertinent, gathering and preserving any physical
evidence pertaining to the case and obtaining all other information
bearing on the matter.
D.
An alleged act of misconduct must be investigated,
and the results of the investigation must be submitted in a written
report entitled "Report of Investigation and Findings." The investigating
member shall summarize the pertinent facts, including:
E.
One of the findings listed below will be included
in the report of investigation and findings of an alleged act of misconduct:
(1)
Investigation indicates that the act or acts complained
of did not occur or did not involve Department personnel.
(2)
The act did occur but was justified, lawful and proper.
(3)
The investigation disclosed evidence insufficient
to prove clearly the allegations made in the complaint.
(4)
The investigation disclosed evidence sufficient to
prove clearly the allegations made in the complaint.
(5)
The investigation established that the subject of
the investigation in the report of investigation and findings was
not involved in the alleged incident.
No member of the Police Department shall, while
holding office or appointment under the authority of this chapter:
A.
Violate any criminal law of the United States or of
the State of New Jersey or any ordinance of the Township of Carneys
Point.
B.
Conduct himself in a manner unbecoming a police officer.
C.
Conduct himself in a manner subversive to the good
order and discipline of the Police Department.
D.
Conduct himself in a manner disrespectful to a superior.
E.
Absent himself from his respective post of duty without
having obtained proper leave from his superior officer, except in
case of emergency.
F.
Absent himself from the Township, except when off
duty.
G.
Refuse or fail to perform any of the duties of his
office or evade the performance of such duties whether on patrol or
otherwise and whether or not in uniform.
H.
Contract any debts or any other financial obligations
without reasonable expectation of being able to pay or discharge the
same when due.
Any member of the Department desiring to bring
any matter pertaining to the business of the Department or his personal
relations with the Department to the attention of the Township Committee
shall, in writing, request permission to do so from the highest ranking
officer. If such permission is refused, such member may make written
application to the Township Committee requesting a hearing and stating
his objective.
A.
Prior to engaging in any outside business or employment,
a member or employee of the Police Department shall request permission
to do so from the Chief of Police. The decision of the Chief of Police
to approve or deny permission to work outside the Department is final
and subject only to appeal to the Township Committee.
B.
Where a private party or other public entity desires
to contract with the Township of Carneys Point for off-duty services
by a police officer, said private party or public entity shall request
the services through the office of the Chief of Police. To the extent
that personnel are available, the Chief of Police may, but shall not
be required to, assign a police officer to provide the aforesaid off-duty
services. The cost of the services to the private party or other public
entity shall be the salary of the police officer calculated at time
and a half plus a thirty-percent administrative fee. All payments
for the aforesaid services shall be made to the Township of Carneys
Point. The Chief of Police is hereby authorized to establish such
rules and regulations as are necessary to implement this subsection.
Pursuant to N.J.S.A. 40A:14-118, the Chief of
Police shall make rules and regulations and amendments thereto governing
conduct and duties of command officers and police officers and the
kinds of uniforms and insignia to be worn by them and concerning such
other matters as may be necessary for the proper regulation of the
Police Department. Said rules and regulations and any amendments thereto
shall become effective 30 days after the filing of the same in the
office of the Township Clerk, unless said rule or regulation is disapproved
by action of the Carneys Point Township Committee prior to the expiration
of the thirty-day period. Notwithstanding the provisions of the aforesaid
sentence, rules and regulations and any amendments thereto shall become
effective immediately upon promulgation by the Chief of Police and
approval of same by the Police Committee of the Carneys Point Township
Committee. When the same have been adopted by said Chief of Police,
they shall be known as the "Rules and Regulations for the Government
of the Police Department of the Township of Carneys Point" and shall
be binding upon each member and employee of the Department, and any
neglect by any member of the Police Department to carry out each and
every rule and regulation or order, as aforesaid, shall be held to
be sufficient cause for his dismissal from the Department.
When personal property comes into the possession
of the Police Department by seizure, finding, recovery or abandonment,
said property shall be held and disposed of in accordance with applicable
law.
Every section of this chapter and every subdivision
or separate part hereof shall be considered as a separate regulation
to the extent that, if any subsection, subdivision or separate part
thereof shall be declared ineffective, invalid or unconstitutional,
it shall not affect remaining parts of this chapter.
