[HISTORY: Adopted by the Mayor and Council
of the Borough of Stanhope 6-28-1988 by Ord. No. 1988-10. Amendments
noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40A:14-118
et seq., the Police Department of the Borough of Stanhope is hereby
established. Said Department shall consist of a Chief of Police, Police
Sergeant and such other patrolmen, probationary officers, police matrons,
crossing guards and such clerks and other officers and employees as
the Mayor and Borough Council may from time to time provide for.
All members of the Police Department shall be
appointed by the Mayor, with the advice and consent of the Council,
to hold office as provided by law.
A.
Governing body. The appropriate authority, as defined by N.J.S.A. 40A:14-188, shall be the Mayor and Council, whose decision upon all matters affecting the Department shall be final. It may delegate certain powers to the Administrator as set forth in Chapter 2 of the Code of the Borough of Stanhope.
B.
Public Safety Committee. The Mayor shall annually
appoint a Public Safety Committee consisting of three members selected
from the Borough Council. The Mayor shall designate one of them as
Chairman.
C.
Police Chief. All other members of the Police Department
and all employees of said Department and special police shall be under
the control and supervision of the Chief of Police, who shall be responsible
for the discipline of and due performance of duty by all officers,
members and employees of the Department.
A.
Except as otherwise provided by law, no person shall
be appointed as a member of the Police Department and force unless
he:
(1)
Is 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 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 criminal offense involving moral turpitude.
(5)
Is psychologically qualified for the position of police
officer. Said qualification shall be determined by a psychological
evaluation to be conducted either prior to or subsequent to being
appointed to the position of police officer. Every applicant for employment
shall submit to an examination by a licensed psychologist of the Borough's
choosing to determine the psychological fitness of the applicant for
employment as a police officer. The results of the examination shall
be acceptable to the Borough in the Borough's sole discretion. In
the event that the psychological examination has not been completed
at the time of appointment to the Stanhope Borough Police Department,
said appointment shall remain provisional pending the completion of
the required satisfactory psychological examination.
[Added 12-18-2001 by Ord. No. 2001-8]
B.
Every appointee to the Police Department shall comply
with all of the laws of the State of New Jersey pertaining to qualifications
of police officers. No person shall be given or accept a permanent
appointment as a police officer in the Borough unless such person
has first been given a probationary or temporary appointment to such
office for a period of not longer than one year and has successfully
completed a police training course at a school approved and authorized
by the Police Training Commission in the Department of Law and Public
Safety in the State of New Jersey, pursuant to the provisions of Chapter
56 of the Laws of 1959, as the same may from time to time be amended
and supplemented.
C.
No person shall be appointed to the Police Department
as a regular or probationary member unless he shall, at the time of
making application, be between the ages of 18 and 35 years, except
as provided by law in the case of veterans.
D.
Police Sergeant. No person shall be appointed to the
position of Sergeant of Police unless he has, in addition to all statutory
requirements:
(1)
Successfully completed the Municipal Police Academy
course.
(2)
Served satisfactorily as a police officer with a Municipal
Police Department within the State of New Jersey for a continuous
period of at least three years.
(3)
Graduated from high school or obtained a certificate
of equivalency thereof.
E.
Chief of Police. No person shall be appointed to the
position of Chief of Police unless he has, in addition to all statutory
requirements:
(1)
Successfully completed the Municipal Police Academy
course.
(2)
Graduated from high school or obtained a certificate
of equivalency thereof.
(3)
Served satisfactorily in a supervisory capacity with
a Municipal Police Department within the State of New Jersey at the
rank of Sergeant or higher or a position of comparable responsibility
for a continuous period of at least five years.
(4)
Has a thorough knowledge of the criminal statutes
and laws of the state and shall have the ability to prepare reports
and direct and administer the Police Department.
F.
As a condition of promotion within the Police Department,
every employee being promoted shall be psychologically qualified for
the position the employee is being promoted to. Said qualification
shall be determined by a psychological evaluation to be conducted
either prior to or subsequent to being promoted to the position in
question. Every employee being promoted shall submit to an examination
by a licensed psychologist of the Borough's choosing to determine
the psychological fitness of the employee for the position which the
employee is being promoted to. The results of the examination shall
be acceptable to the Borough in the Borough's sole discretion. In
the event that the psychological examination has not been completed
at the time of the promotion, said promotion shall remain provisional
pending the completion of the required satisfactory psychological
examination.
[Added 7-30-2002 by Ord. No. 2002-6]
A.
Chief of Police.
(1)
In accordance with the provisions of N.J.S.A. 40A:14-118,
the Chief of Police shall be the head of the police force, and he
shall be directly responsible to the appropriate authority for the
efficiency and routine day-to-day operations thereof, and he shall,
pursuant to policies established by the appropriate authority:
(a)
Administer and enforce rules and regulations
and special emergency directives for the disposition and discipline
of the force and its officers and personnel.
(b)
Have, exercise and discharge the functions,
powers and duties of the force.
(c)
Prescribe the duties and assignments of all
subordinates and other personnel under his jurisdiction.
(d)
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. (e) Report at least monthly to
the appropriate authority in such form as shall be prescribed by such
authority on the operation of the force during the preceding month
and make such other reports as may be requested by such authority.
(e)
He shall have such other powers and perform
such other duties as may be provided in the Department regulations
enacted by the Mayor and Council.
(f)
Operate a training program to maintain and improve
the police efficiency of the members of the Department.
(2)
Nothing herein contained 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. Nothing herein contained shall prevent the appropriate authority
or any executive or administrative officer charged with the general
administrative responsibilities within the municipality from examining
at any time the operations of the police force or the performance
of any officer or member thereof. In addition, nothing herein contained
shall infringe on or limit the power or duty of the appropriate authority
to act to provide for the health, safety or welfare of the municipality
in an emergency situation through special emergency directives.
B.
Police Sergeant. The Police Sergeant shall have such
powers and perform such duties as may be assigned by his superior
officers, as well as such powers and duties as may be prescribed by
the Department regulations enacted by the Mayor and Council.
C.
Duties of Department. The Police Department shall,
through its Chief, in addition to those duties and responsibilities
prescribed by New Jersey statutes and/or which may be further provided
in rules and regulations:
(1)
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances effective within the Borough, suppress riots, mobs
and insurrections, disperse unlawful or dangerous assemblages and
preserve order at all elections and public meetings and assemblages.
(2)
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; protect
the safety and facilitate the convenience of motorists and pedestrians;
and make and enforce rules and regulations not inconsistent with the
ordinances and resolutions of the Borough for such purpose.
(3)
Enforce the laws and ordinances in effect within the
Borough of Stanhope and prevent the violation of them by any person;
apprehend and arrest all persons legally charged with violations of
any law or ordinance.
(4)
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Borough; 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.
(5)
Provide proper police attendance and protection at
fires and emergency ambulance calls.
(6)
Provide for the attendance of policemen or civilian
employees 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 and county
governments.
A.
There is hereby established within the Police Department
of the Borough of Stanhope a branch or Division, which shall be known
as the "Detective Division." Said Division shall consist of such police
officers who are members of the Borough Police Department as may be
deemed necessary by the appropriate authority for the efficient operation
of the Division.
B.
Members of the Borough of Stanhope Police Department
may be assigned to and reassigned from the Detective Division by the
Chief of Police with the approval of the appropriate authority. Assignment
to and reassignment from the Detective Division shall in no way affect
the existing status, title, seniority or rights of such members of
the Police Department so assigned or reassigned, nor shall the creation
of the Detective Division and the assignment of members of the Police
Department thereto constitute the creation of a new office or rank
within the Police Department.
C.
The Detective Division shall be in charge of all investigative
activities of the Police Department under the direction of the Chief
of Police and shall be responsible to and receive orders only from
the Chief of Police or, in his absence or incapacity, the officer
in charge of the Department.
D.
The Detective Division shall be charged with such
duties and responsibilities and shall perform such functions as may
be prescribed by the Department regulations enacted by the Mayor and
Council.
E.
Division records shall be maintained separately from
other Police Department records and shall not be removed except in
the normal conduct of official police business and may be destroyed
only as prescribed by law. Access to the files may be granted only
by the Chief or the senior officer within the Division.
F.
It shall be the responsibility of the Detective Division
to ensure that photographs and fingerprints of all arrested persons,
when required by law, are recorded and maintained in the Division's
files. The Division may utilize its own officers or those assigned
elsewhere within the Police Department for this purpose, subject to
the approval of the Chief.
A.
Each permanent member of the Police Department shall
hold office and continue employment during good behavior and efficiency,
and no such person shall be removed from office or employment for
any causes other than incapacity, misconduct, neglect of duty, nonresidence
when residence is required, conduct unbecoming a police officer, disobedience
of the rules and regulations established or hereafter established
for the Department.
B.
Any member of the Department may be suspended, removed,
fined or reduced in rank for just cause upon due notice and service
of written charges and a hearing as required by law.
C.
All disciplinary procedures, including but not necessarily
limited to investigations, notices, hearings, actions and appeals,
shall be in accordance with the rules and regulations as adopted by
the Mayor and Council, N.J.S.A. 40A:14-147 through 40A:14-151 and
the Civil Service Law.
D.
In any instance wherein the Chief is the subject of
investigation and disciplinary procedures pursuant thereto, the Administrator
shall conduct the investigation and bring charges as applicable. The
Public Safety Committee itself shall conduct any hearings deemed necessary,
but the Mayor and Council shall impose such penalties as may be recommended.
The Chief shall have the same right of due process as any other officer
or employee of the Department.
E.
As provided by N.J.S.A. 40A:14-118, and except as
otherwise provided by law, any permanent member or officer of such
Police Department and force who shall be absent from duty without
just cause or leave of absence for a continuous period of five days
shall cease to be a member of such Police Department and force.
A.
Uniforms and equipment of the Police Department shall
be furnished by the Borough and remain its property. Such uniforms
and equipment shall be issued by the Chief of Police, who shall take
a receipt from the members obtaining the property. The members of
the Department receiving uniforms and equipment shall be responsible
for the same and, upon leaving the service for any cause, shall turn
in to the Chief of Police all property belonging to the Borough. The
reasonable value of any property, including uniforms and equipment
not returned, shall be deducted from the amount of salary or wages
due such member. Requests for replacements of uniforms shall be made
by members to the Chief of Police, and the Chief of Police shall make
application therefor to the appropriate authority.
B.
The members of the Police Department shall, when on
duty, wear such uniforms and equipment as shall be approved from time
to time by the appropriate authority and shall at all times present
a neat, clean and respectable appearance.
For copies of all official reports, for the
taking of fingerprints where required, for any type of application
for a permit issued by the Borough and for copies of all other public
documents, the Police Department shall charge such fees as may be
from time to time fixed and established by resolution of the Mayor
and Council; provided, however, that no fee shall be charged to any
local, county, state or federal law enforcement agency. Reviewing
of reports, photostats or reports and viewing of accident photographs
will be conducted at the police headquarters in the Municipal Building
daily from Monday to Friday between the hours of 9:00 a.m. and 4:00
p.m.
A receipt shall be issued for all moneys received
by the Police Department for services extended and material distributed
by the Police Department. All fees collected are to be transmitted
to the Borough Treasurer within 48 hours.
A.
Provision; number authorized; term.
(1)
Pursuant to New Jersey statutory authority, the Borough
of Stanhope does hereby provide for the appointment of special law
enforcement officers (special officers) of the First and Second Class,
sufficient to perform the duties and responsibilities permitted by
statute and as shall be assigned by the Chief of Police from time
to time.
(2)
The Department shall be authorized special officers
of the First Class not to exceed five and special officers of the
Second Class not to exceed eight.
[Amended 7-26-1988 by Ord. No. 1988-24]
(3)
Special officers shall be appointed annually by the
Mayor and Council on the recommendation of the Chief of Police, for
terms of one year, and said appointments may be revoked by the Mayor
and Council for cause after adequate hearing. Special officers so
appointed shall not be members of the Police Department.
B.
Qualifications. No person shall be appointed a special
officer unless he:
(1)
Is a resident of the State of New Jersey 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 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/her unfit to perform the duties of special
officer.
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers.
(7)
The Chief of Police shall have had the applicant fingerprinted
as required by statute, conducted a background investigation of the
applicant to determine the eligibility and qualifications of the applicant
and reported these determinations, in writing, to the Mayor and Borough
Council.
C.
Training course: firearms. No special officer shall
commence his duties until he has completed the training as required
under N.J.S.A. 40A:14-146.11, or as amended from time to time.
D.
Uniform. The uniform of special officers shall be
determined by the Chief of Police and shall be in compliance with
N.J.S.A. 40A:14-146.12.
E.
Supervision and direction.
(1)
A special officer shall be under the supervision and
direction of the Chief of Police or, in the absence of the Chief,
other superior officer designated by the Chief of Police and shall
perform his duties only in the Borough of Stanhope unless in fresh
pursuit of any person pursuant to Chapter 156 of Title 2A of the New
Jersey statutes.
(2)
The special officer shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Borough of Stanhope, as
well as any rules and regulations applicable to the conduct and decorum
of special officers.
F.
Power and authority of special officers.
(1)
The Chief of Police may authorize special officers
of the Second Class, when on duty, to exercise the same powers and
authority as permanent, regularly appointed police officers of the
Bureau of Police, including but not limited to the carrying of firearms
and the power of arrest, subject to rules and regulations, not inconsistent
with the certification and requirements of N.J.S.A. 40A:14-146.11
and N.J.S.A. 40A:14-146.4.
(2)
Special officers of the First Class shall be authorized
and have the power to issue summons for disorderly persons and petty
disorderly persons offenses, violations of Title 39 of the Revised
Statutes, but shall not be assigned duties which may require the carrying
or use of a firearm.
[Amended 11-30-1993 by Ord. No. 1993-25]
A manual governing the conduct of police officers
entitled the "Stanhope Police Department Manual of Rules and Regulations"
is hereby incorporated in the Code of Stanhope and annexed hereto,
without inclusion of the text thereof, as if the same were copied
herein in full. Each officer will be issued one copy, and one copy
shall remain on file with the Borough Clerk at all times.
[Added 4-24-1990 by Ord. No. 1990-4[1]]
A.
Application for service required. Any organization,
public or private, requiring the services of a uniformed police officer
for the performance of quasi-public duty, e.g., security for school
functions, construction project traffic control, etc., shall first
make application therefor to the Chief of Police, on a form approved
by the Chief, at least two weeks prior to the anticipated time of
need. The Chief may waive the two-week deadline when there are extenuating
circumstances. The request shall stipulate whether a regular officer
or a special officer is desired.
B.
Assignment of duty. The Chief shall make assignments
for quasi-public duty on a first-come-first-served basis, depending
entirely upon the availability and willingness of the individual officer
or officers. No officer shall be obligated to accept such duty.
C.
Fees. Prior to the provisions of the request service,
the requesting agency shall pay a fee to the Borough, for regular
officers, in accordance with the rate established by the extant labor
contract with the police union; and for special officers, the fee
shall be twice the wage rate specified in the extant Salary Ordinance.[2] A surcharge of 10% shall also be assessed for administrative
costs incurred by the Borough. All fees shall be turned over to the
Borough's Chief Financial Officer for proper disbursement.
[Amended 8-30-1994 by Ord. No. 1994-17]
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of the chapter shall be deemed
valid and effective.
[Added 7-27-2004 by Ord. No. 2004-6;
amended 3-25-2014 by Ord. No. 2014-06]
A.
The Chief
of Police, or his designee, shall conduct all background investigations
required by law. All applicants to the Fire Department, First Aid
Squad and all persons applying for a commercial license of any nature
from the Borough of Stanhope shall be required to submit to a background
investigation by the Police Department. All initial background investigations
shall include the applicant providing fingerprints to the Police Department.
Any renewal application may be conducted by name and other verifying
information only. The applicant shall pay to the Borough such cost
as may be charged to the Borough by the New Jersey State Police for
providing any background investigation to the Stanhope Borough Police
Department. Otherwise, any service fee or charge shall be in accordance
with the provisions of this Code.
B.
The Chief
of Police, or his designee, shall transmit the results of all required
background investigations to the Borough Clerk to be utilized in accordance
with the provisions of law and the Borough Code. The results of the
background investigation on any applicant to the First Aid Squad shall
be transmitted by the Borough Clerk to the Captain of the First Aid
Squad.
[Added 5-26-2009 by Ord.
No. 2009-05]
Pursuant to the provisions of N.J.S.A. 40A:14-141, there is
hereby established the position of Police Chaplain of the Stanhope
Borough Police Department. The Mayor and Council, upon the recommendation
of the Chief of Police, may appoint an ordained clergyman in good
standing in the religious body from which he is selected as Police
Chaplin for the Stanhope Borough Police Department. Said Chaplain
shall be a member of the Borough Police Department without rank and
without salary. The appointment as Police Chaplain shall be on an
annual basis with all appointments expiring as of December 31 of each
year. The Police Chaplin shall have such duties as are assigned by
the Chief of Police.
