[Amended 9-20-1983 by Ord. No. 83-16; 11-21-1994 by Ord. No.
94-11]
Rank in the Gibbsboro Police Department is established
by municipal ordinance and shall descend in the following order:
[Amended 5-18-1982 by Ord. No. 82-2; 12-19-1990 by Ord. No.
90-19]
A.
Creation of Police Committee. There is hereby created
a Police Committee, which shall be know as the "appropriate authority"
under N.J.S.A. 40A:14-118, which shall consist of three members of
the Borough Council who shall be appointed by the Borough Council.
Members of the Police Committee shall serve for periods of one year.
In the event that a member of the Police Committee shall for any reason
no longer be a member of the Borough Council, then said member shall
cease to be a member of the Police Committee.[1]
B.
Function of Police Committee. It shall be the function
of the Police Committee to adopt and promulgate the rules and regulations
for the government of the police force and for the discipline of the
members of the police force.
C.
Rules and regulations. The Police Committee shall,
by resolution from time to time as 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.
D.
Complaint against officer; hearing. Disciplinary action
shall be taken against members of the Police Department in accordance
with the rules and regulations adopted by the Police Committee pursuant
to this chapter. The Chief of Police, however, may file a written
complaint with the Mayor and Borough Council 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 Borough
Clerk who will immediately forward it to the Police 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 Police Committee or members of the Police
Committee designated by the Committee or other such person or persons
designated by the Borough Council not less than 15 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 dismissal of the complaint. On the designated date,
the Police Committee or its authorized member or other such person
or persons designated by the Borough Council will conduct a disciplinary
hearing in accordance with N.J.S.A. 40A:14-148 and shall have authority
to suspend, remove, fine or reduce in rank any member of the Police
Department who may be found guilty of the charges brought.
[Amended 8-25-1993 by Ord. No. 93-21]
E.
The regulations adopted by the Police Committee shall
provide that the Chief of Police shall be the head of the police force
and that he shall be directly responsible to the Police Committee
for the efficiency and routine day-to-day operations of the Police
Department and that he shall, pursuant to the policies established
by the Police Committee:
[Amended 5-18-1982 by Ord. No. 82-2]
(1)
Administer and enforce rules and 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 of his authority as he may deem necessary
for the efficient operation of the force to be exercised under his
direction and supervision.
(5)
Report at least monthly to the Police Committee in
such form and at such time as shall be prescribed by the Police Committee
on the operation of the force during the preceding month and make
such other reports as may be requested by the Police Committee. All
reports must be signed.
F.
Nothing contained herein shall prevent the appointment
by the governing body of committees or commissions to conduct investigations
of the operation of the police force and the delegation to such committees
or commissions of such powers of inquiry as the governing body deems
necessary or to conduct such hearing or investigation authorized by
law.
G.
Nothing contained herein shall prevent the Police
Committee or any executive or administrative officer charged with
the general administrative responsibilities within the Borough of
Gibbsboro from examining at any time the operations of the police
force or the performance of any officer or member thereof. In addition,
nothing contained herein shall infringe or limit the power or duty
of the Police Committee to act to provide for the health, safety or
welfare of the municipality in an emergency situation through special
emergency directives.
Subject to direction from higher command, a
commanding officer has direct control over all members and employees
within his command. In addition to the general and individual responsibilities
of all members and employees and supervisory officers, a commanding
officer is responsible for the following:
A.
Command: the direction and control of personnel under
his command to assure the proper performance of duties and adherence
to established rules, regulations, policies and procedures; and providing
for the continuation of command and supervision in his absence.
B.
Loyalty and esprit de corps: the development and maintenance
of esprit de corps and loyalty to the Department.
C.
Discipline and morale: the maintenance of discipline
and morale within the command and the investigation of personnel complaints
not assigned elsewhere.
D.
Interdepartment action: the promotion of harmony and
cooperation with other units of the Department; and initiation of
proper action in cases not regularly assigned to his command when
necessary delay to inform the proper unit might result in a failure
to perform a police duty.
E.
Organization and assignment: organization and assignment
of duties within his unit to assure proper performance of Department
functions and those of his command.
F.
Reports and records: preparation of required correspondence,
reports and maintenance of records relating to the activities of his
command; and assurance that information is communicated up and down
the chain of command as required.
G.
Maintenance: assurance that quarters, equipment, supplies
and material assigned to his command are correctly used and maintained.
The shift leader, during his tour of duty, exercises
the same authority and has the same responsibilities as his commanding
officer, subject to higher authority. In the absence of the shift
leader, the senior available member of the shift is in charge unless
otherwise provided. In addition to the general and individual responsibilities
of all members and employees, the shift leader is specifically responsible
for the following, and failure to carry out such responsibilities
shall be considered neglect of duty:
A.
Good order: the general good order of his command
during his tour of duty, to include proper discipline, conduct, welfare,
field training and efficiency.
B.
Roll call: conduct of prescribed roll calls, communication
of all orders or other information at roll call and inspection and
correction of his command as necessary.
C.
Reporting: reporting as required by a commanding officer.
D.
Personnel complaints: inquiry into personnel complaints
against members and employees under his command, in accordance with
the provisions of this chapter.
In addition to the general and individual responsibilities
of all members and employees, supervisory officers are specifically
responsible for the following, and failure to accomplish such objectives
shall be considered neglect of duty:
A.
Supervision: close supervision of the activities of
their subordinates, making corrections where necessary and commending
where appropriate.
B.
Leadership: provision of on-the-job training as needed
for efficient operation and coordination of effort when more than
one member or employee is involved.
C.
Direction: exercising direct command in a manner that
assures the good order, conduct, discipline and efficiency of subordinates.
Exercise of command may extend to subordinates outside their usual
spheres of supervision if the police objective or reputation of the
Department so requires or if no other provision is made for personnel
temporarily unsupervised. This authority shall not be exercised unnecessarily.
If a supervisor requires a subordinate other than his own to leave
a regular assignment, the supervisor so directing will inform the
subordinate's own supervisor as soon as possible.
D.
Enforcement of rules: enforcement of Department rules
and regulations and requiring compliance with Department policies
and procedures.
E.
Inspection: inspection of activities, personnel and
equipment under their supervision and initiation of suitable action
in the event of a failure, error, violation, misconduct or neglect
of duty by a subordinate.
F.
Assisting subordinates: having a working knowledge
of the duties and responsibilities of subordinates; observing contacts
made with the public by subordinates and being available for assistance
or instruction as may be required. Supervisory officers shall respond
to calls of serious emergencies, crimes in progress, assaults and
others unless actively engaged in a police incident. They should observe
the conduct of the assigned personnel and take active charge when
necessary.
Patrolmen are responsible for performing a variety
of duties related to the protection of life and property, enforcement
of criminal and traffic laws, prevention of crime, preservation of
the public peace and the apprehension of criminals. They will perform
these duties as prescribed in Department orders and as directed by
their supervisors. In addition to these and the general and individual
responsibilities of all members and employees, patrolmen are specifically
responsible for the following:
A.
Police mission. A patrolman is responsible for the
accomplishment of the police mission on his beat. He shall constantly
be alert for violations of the laws and ordinances and shall make
every effort to prevent breaches of the peace and offenses against
persons and property. He shall be held accountable for crime, accidents,
disorders and other criminal conditions on his beat.
B.
Reporting for duty. He shall report promptly at the
designated hour and place, in proper uniform, for assignment and inspection.
He shall listen attentively to orders and instructions of his superior
officers and read such materials as are made available to him. He
shall make written memoranda of such information as necessary and
shall immediately proceed to his beat upon completion of these tasks.
C.
Familiarization with beat. A patrolman shall thoroughly
familiarize himself with his beat. He shall be familiar with all public
businesses, offices and their entrances, exits, skylights, fire escapes
and other possible means of escape. While making security checks of
doors, he shall familiarize himself with the locations of safes and
night-lights. Changes in night-lights will be particularly noticed.
D.
Method of patrol. During his tour of duty the patrolman
shall continuously patrol every part of his beat, giving attention
to and frequently rechecking locations where the crime hazard is great.
As far as possible, he shall not patrol his beat according to any
fixed route or schedule, but shall alternate frequently and backtrack
in order to be at the location least expected.
E.
Unlocked buildings.
(1)
When a door or window is found open under suspicious
or unusual circumstances on any tour of duty, a patrolman shall make
a thorough investigation and determine, if possible, whether a burglary
or other crime has been committed and whether the door or window can
be secured. He shall, if necessary, summon assistance to examine the
premises and to secure such doors and windows. He shall notify his
commanding officer, who will notify the property owner if possible.
(2)
Under circumstances indicating that an intruder is
still inside a building, the officer discovering same should immediately
summon assistance and then stand guard. When the assistance arrives,
he may enter and search the building.
F.
Field interviews. At night, when the occasion demands
it, the patrolman shall courteously but firmly question persons on
the public streets as to their names, addresses, reason for being
on the street and other matters relating to the circumstances. In
all cases, good judgment and discretion should be used in making a
decision to arrest.
G.
Vice suppression. Uniformed officers shall give particular
attention to places where vice violators might congregate. They shall
use every lawful means to suppress the illegal activities of such
persons, prosecute them and require all such establishments to be
conducted in accordance with municipal ordinances and state laws and
shall report all violations.
H.
Traffic law enforcement. Patrolmen are charged with
the enforcement of all provisions of local and state traffic codes.
Failure to take appropriate action in traffic violations cases is
considered neglect of duty.
I.
Complaint action. A patrolman shall carefully investigate
all complaints on or near his beat which are assigned to him or which
are brought to his attention by citizens. He shall take suitable action
in those cases which come under his jurisdiction and inform interested
parties of the laws or ordinances relative to the particular complaint
or incident. If the legal remedy of the complaint lies outside of
the jurisdiction of the Police Department, he shall advise the complainant
accordingly and refer him to the proper authority.
J.
Preliminary investigations. At the scenes of major
crimes, subject to direction of higher authority, the officer assigned,
after it has been established that the perpetrator is no longer present,
will begin the preliminary investigation, except in the case of homicide
or apparent homicide. In those instances, a member of the Detective
Bureau will be called to the scene immediately. In all instances,
members not assigned will not enter the premises or do any other thing
that might interfere with the investigation or destroy evidence. In
cases of homicide, the first duty of the beat officer is to guard
the scene, excluding all unauthorized persons, and to detain all witnesses
for interrogation.
