Chapter 26 Police Department

§ 26-1 Department established; name; duties.

Editor's Note: This ordinance repealed former Ch. 26, Police Department, adopted 5-3-1966 by Ord. No. 5-66, as amended.

There shall be a full-time Police Department in and for the Township of Evesham, in the County of Burlington.

The official name of said Police Department shall be "Evesham Township Police Department."

The Police Department shall:

Preserve the public peace and preserve order at all elections and public meetings and assemblages.

Protect life and property.

Detect, arrest and prosecute offenders of the laws of the State of New Jersey and the ordinances of the Township of Evesham.

Provide proper police attendance and protection during emergencies.

Provide appearances in court when necessary.

§ 26-2 Appropriate authority; department head.

Direct and control traffic.

(7)

Cooperate fully with the law enforcement agencies and prosecuting authorities of federal, state and county governments.

(8)

Maintain such police training programs as may be necessary and proper for the efficient and effective organization of the Police Department.

The appropriate authority, as said term is used in N.J.S.A. 40A:14-118, shall be the Township Manager. The Township Manager shall be responsible to the governing body for the overall performance of the Police Department. The Township Manager shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

Except as provided in N.J.S.A. 40A:14-118, the governing body and individuals thereof shall act in all matters relating to the police function as a body, or through the Township Manager.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Township Manager for its efficiency and day-to-day operations. Pursuant to policies established by the Township Manager, the Chief of Police shall:

Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the Police Department.

Prescribe the duties and assignments of all members and officers.

Delegate such authority, as may be deemed necessary for the efficient operation of the Police Department, to be exercised under the Police Chief's direction and supervision.

Maintain the good order and discipline of the Department.

Report at least monthly to the Township Manager, in such form as the Township Manager shall prescribe, on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Township Manager.

§ 26-3 Composition.

The Police Department shall consist of a police force and such other nonsworn or civilian personnel as the Township Manager shall appoint. The police force shall consist of one Chief of Police, one Deputy Chief, two Captains, five Lieutenants, 11 Sergeants, and 68 patrolmen, which shall include full-time patrolmen assigned as school resource officers. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his absence, his designee. In the event of an officer in any of these positions being on leave immediately preceding an announced retirement or a suspension with intent to dismiss, the Township Manager may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The Township Manager may also choose to leave a position vacant to undertake a review of whether the current table of organization is still beneficial to the police mission. The Township Manager shall have up to one year from the effective date of retirement or resignation to appoint/promote a replacement in order to conduct a thorough, fair and competitive search and selection process.

[Amended 8-16-2011 by Ord. No. 26-8-2011; 9-17-2013 by Ord. No. 26-9-2013; 2-9-2016 by Ord. No. 1-2-2016; 9-12-2017 by Ord. No. 23-9-2017; 2-6-2018 by Ord. No. 1-2-2018; 5-8-2018 by Ord. No. 9-5-2018; 6-1-2022 by Ord. No. 11-06-2022]

The Township Council may decrease the force for reasons of economy. In accordance with N.J.S.A. 40A:14-143, the governing body, if they shall deem it necessary for reasons of economy, may decrease the number of members and officers of the Police Department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank and, in the case of termination of service and new appointment, prior consideration shall be given to the persons on said special employment list.

There shall also be such clerical, secretarial and administrative employees, community service officers, school crossing guards and police technicians as the Township Manager shall appoint. Said employees shall not be members of the Police Department within the meaning of any provision of Chapter 14, Title 40A, of the Revised Statutes of New Jersey, as amended and supplemented. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his absence, his designee.

§ 26-4 Salaries and compensation. [1]

Salaries and compensation of the Chief of Police shall be fixed by ordinance. Other employees of the Police Department shall be fixed by their respective collective bargaining agreements or by ordinance in the absence of a collective bargaining agreement. The Township Council shall fix the per diem or hourly rate of pay for special officers by ordinance.

Editor's Note: See Ch. 30, Salaries and Compensation.

§ 26-5 Qualifications for membership.

No personnel shall be appointed as a member of the Police Department unless he/she submits satisfactory evidence that he/she:

Is a citizen of the United States.

Is of good mental and bodily health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that he would be eligible for membership in the retirement system.

Is able to read, write and speak the English language well and intelligently.

Is of good moral character and free from conviction of any crime constituting an indictable offense or any crime or offense involving moral turpitude.

Is able to pass such written, oral, physical and psychological examinations as shall be selected by the Township Manager and meet essential job functions.

Is a graduate from a senior high school or shall have had formal education or training showing attainment of the level represented by graduation from senior high school with a minimum of 60 college credits from an accredited college. Two years of active-duty military (or Coast Guard) service with an honorable discharge can be substituted for the sixty-college-credit requirement.

Is a holder of a valid New Jersey driver's license.

Otherwise meets all requirements of N.J.S.A. 40A:14-122 to 40A:14-127.

§ 26-6 Determination of membership.

Investigation of applicants. No applicant shall be appointed to any position with the Police Department until after the applicant shall have been fingerprinted and said fingerprints filed with the New Jersey State Police and Federal Bureau of Investigation, and no applicant shall be appointed until after there has been a thorough background and character investigation of the candidate that will also determine the candidate's fitness for the position.

Required training course; probationary status.

Pursuant to N.J.S.A. 52:17B-66 et seq., no person shall be permanently appointed to the police force of the Township of Evesham until after having successfully completed a police training course at an approved school.

During the period of required training, the employee shall hold the rank of probationary officer. Employees shall be entitled to a leave of absence with pay during the period of the police training course. Following the completion of an employee's police training course, they shall be classified as a probationary employee with the Police Department for a period of one year.

The Township Manager may waive the attendance of such training if satisfactory certification of previous accredited schooling under the Mandatory Police Training Act of the State of New Jersey is presented and found satisfactory.

Police officers hired pursuant to this section shall be classified as probationary employees with the Police Department for a period of one year from the date of hire.

All non-sworn employees of the Police Department shall serve a probationary period of six months before becoming regular employees.

Probationary employees will be evaluated on a monthly basis throughout the entire period of their probation in an effort to determine their suitability for continued employment. Probationary employees will be advised of their progress and counseled when necessary in an effort to correct any deficient performance or behavior.

The Chief of Police shall make a recommendation to the Township Manager concerning the suitability for transition from probationary status to regular status for each probationary police officer. Such recommendation shall be set forth in a written report along with the Chief's observations and findings leading to such recommendation. These recommendations shall be submitted to the Township Manager no later than 10 days prior to the end of the probationary employee's period of probation. Nothing herein shall prohibit the Chief of Police from submitting such recommendation at any time during an employee's probationary period when such employee demonstrates that he/she does not possess the qualities and abilities to competently perform the duties of an Evesham Township police officer.

The Township Manager may terminate a probationary employee at any time during or at the end of the probationary period, or affirm the retention of the candidate as a full-time member of the police force.

Every member of the Police Department and special police officers, before entering upon the performance of their duties, shall take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of their offices, which oaths or affirmations shall be filed with the Township Clerk.

§ 26-7 Promotions.

[Amended 1-17-2006 by Ord. No.1-1-2006]

The Township of Evesham governing body desires to promote the most qualified candidates to positions of higher rank. This chapter establishes the eligibility requirements and the process for promotion to all higher ranks. The promotion process shall be on the basis of merit, experience, education, demonstrated ability and competitive examinations. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Department. No person shall be eligible for promotion unless he or she shall have served as a full-time police officer in the Evesham Township Police Department for a period of three years (N.J.S.A. 40A:14-130). No person shall be eligible for promotion to be a superior officer unless he or she has previously served as patrolman in such department or force (N.J.S.A. 40A:14-129).

Upon receiving instructions from the Township Manager to do so, the Chief of Police shall announce the promotional process to members of the Department at least 45 days before a written test is to be given and at least 15 days before a written submission is to be submitted. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exams, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Chief of Police of his or her interest in taking the examination by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the process.

Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.

The Township Manager shall appoint the reviewing committee for Departmental promotions, which shall, at a minimum, consist of the Chief of Police, Deputy Chief and Captains, if available. The Deputy Chief and Captains shall be excluded from the reviewing committee formed to select a new Chief of Police.

[Amended 8-16-2011 by Ord. No. 26-8-2011; 6-1-2022 by Ord. No. 11-06-2022]

Promotion testing procedure. The promotion testing procedure for the Evesham Township Police Department shall consist of a written examination (and/or narrative) and an oral examination in which all candidates will be given the same questions, a review of the candidates' service record, education, merit and experience.

Written examination: The written test shall be supplied by a professional testing company, professional law enforcement organization or such other written examination approved by the Township Manager. Written submissions shall be assigned by the Township Manager. To proceed to the oral portion of the examination procedure, a candidate must achieve a minimum score of 70%.

Oral examination(s).

Candidates shall be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Chief of Police or his (her) designee.

(b)

Candidates that successfully achieve a score of 70% on the written examination shall be permitted to sit for an oral examination by the reviewing committee. The oral examination shall take place after the receipt of the written examination scores.

(c)

Candidates must score at least a 70 out of 100 in the oral examination to proceed to the next step in the promotional process.

(d)

For all positions above the rank of sergeant, the next step in the process will be an interview with the Township Manager. Candidates for positions below the rank of lieutenant will proceed from the oral exam directly to the review of service record.

(e)

The interview with the Township Manager shall focus on leadership and management skills, knowledge of Evesham's form of government, knowledge of the Police Department Ordinance, familiarity with municipal budget process and knowledge of N.J.S.A. 40A:14-118. The Manager shall grade each candidate on a one-hundred-point scale. The Chief of Police and/or his designee (excluding Chief interviews) shall be present at this step.

Record review.

Candidates that successfully achieve a score of 70% on the written examination or written submission and 70% on the oral examination shall proceed to the next step in the promotional process, the review of service record.

(b)

The reviewing committee shall examine the length and merit of candidate's service. The examination process shall give specific weight to, experience, military service, demonstrated leadership ability, education and disciplinary history.

[Amended 10-11-2023 by Ord. No. 22-10-2023]

(c)

The weight or percentage of each portion of the process shall be as follows:

[Amended 8-16-2011 by Ord. No. 26-8-2011; 9-12-2017 by Ord. No. 23-9-2017; 6-1-2022 by Ord. No. 11-06-2022]

(Reserved)[1]

Editor's Note: Former Subsection E(3)(c)[1], regarding Sergeant record reviews, was repealed 10-11-2023 by Ord. No. 22-10-2023.

[2]

Sergeant, Lieutenant, Captain, Deputy Chief.

[Amended 10-11-2023 by Ord. No. 22-10-2023]

Type		Weight (percentage)
Written test - Lieutenant Submission - Captain and Deputy Chief		45%
Oral Interview - Sergeant Interview with Township Manager - Lieutenant, Captain and Deputy Chief		40%
Leadership evaluation		10%
Education		5%

	Associates degree or 60 college credits = 2.5%
	Bachelors degree = 5%
	Two years of active-duty military experience (including Coast Guard) or six years' Reserves or National Guard can be substituted for Associates Degree or 60 college credits, if honorably discharged.
	If Associates Degree or 60 college credits and two years of active-duty military experience (including Coast Guard) or six years' Reserves or National Guard will be worth 5%, if honorably discharged
Discipline shall be a minus depending on seriousness and freshness of record

The review committee shall rank each candidate based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and the final scores.

The Chief of Police shall then submit the results of the process listing the breakdowns and final scores of the candidates and any other information that may be pertinent to the Township Manager for final decision.

Candidates who achieve an overall score of 70% shall be placed on a one-year promotional list.

Eligibility for testing: All candidates for promotion must have served three years with Evesham Township as a full-time police officer by the date of the written test in order to be eligible to participate in the promotional process.

Ranks.

[Amended 8-16-2011 by Ord. No. 26-8-2011]

Promotions shall be open to members of the next lowest rank, unless the Township Manager, in the best interest of the Department, chooses to test a wider pool of candidates, in which case he may open testing to the two next lowest ranks. (A pool of less than three eligible candidates will not generally be considered "in the best interest of the Department.") Testing eligibility for Deputy Chief will be those at the rank of Captain and Lieutenant. The Township Manager can opt to conduct one testing process to fill the Deputy Chief and Captain positions, from the combination promotional list.

[Amended 6-1-2022 by Ord. No. 11-06-2022]

An officer who tests for a higher rank and does not achieve the seventy-percent score necessary to make the promotion list referred to in § 26-7H is ineligible to take an exam for that rank or a higher rank for a period of one year from the date of the promotion list.

In order to be eligible to test for any rank above sergeant, officers must have served at least one year in grade at the next lowest rank. This restriction shall not apply in situations where the Township Manager expands the pool of eligible candidates as provided for in § 26-7J(1).

Probationary period.

[Added 8-16-2011 by Ord. No. 26-8-2011]

All officers promoted to a higher rank will serve a six-month probationary period during which time the officer will be evaluated on a monthly basis to ensure the officer has the requisite skill set to perform the duties of position to which he/she has been promoted.

§ 26-8 Chief of Police; qualifications.

The Chief of Police shall make a recommendation to the Township Manager concerning the suitability for transition from probationary status to regular status for each newly promoted officer. Such recommendation shall be set forth in a written report along with the Chief's observations and findings leading to such recommendation. These recommendations shall be submitted to the Township Manager no later than 10 days prior to the end of the probationary period. Nothing herein shall prohibit the Chief of Police from submitting such recommendation at any time during an officer's probationary period when such officer demonstrates that he/she does not possess the qualities and abilities to competently perform the duties of the position to which the officer has been promoted.

[Amended 8-16-2011 by Ord. No. 26-8-2011; 6-1-2022 by Ord. No. 11-06-2022]

Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the Township Manager. The reviewing committee, which shall be made up of the Township Manager, his/her designees and the current Chief of Police (unless he/she is involved in pending discipline or litigation with the Township or has separated his/her service from the agency) shall consider the following: the candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management ability, general knowledge of Evesham local government and N.J.S.A. 40A:14-118, the candidates' poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations and moral character. To be considered for the position of Chief of Police, the candidates must be serving the Township as Deputy Chief or Captain.

§ 26-9 Chain of command.

The following chain of command shall exist within the Police Department:

[Amended 8-16-2011 by Ord. No. 26-8-2011; 6-1-2022 by Ord. No. 11-06-2022]

Chief of Police.

Deputy Chief.

Captain.

Lieutenant.

Sergeant.

Patrolman.

Special officer.

Each rank/position shall be subordinate to all higher ranks as illustrated above.

Civilian employees shall report to their assigned supervisor or their designee, or in his/her absence, the ranking officer on duty.

§ 26-10 Special law enforcement officers.

[Amended 2-6-2018 by Ord. No. 1-2-2018; 5-8-2018 by Ord. No. 9-5-2018]

The Township Manager may appoint special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq. to be utilized by the Police Chief. Their terms may not exceed one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure.

There is hereby established the following classifications of special law enforcement officers; Class One, Class Two and Class Three.

Class One officers shall perform routine traffic detail, spectator control and similar duties, and shall have the power to issue summons for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes.

Class Two officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.

Class Three officers shall be authorized to exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer. Class Three officers are strictly limited to provide security while on school premises during hours when school is normally in session or when occupied by students or their teachers.

Class Three officers must be a retired police officer who has previously served as a duly qualified, fully trained, full-time officer in any municipality or county of this state, or as a member of the New Jersey State Police and must be living in New Jersey.

(b)

Must be less than 65 years of age for appointment.

(c)

Must pass a psychological examination.

(d)

Must pass a medical examination.

(e)

Must pass a drug test pursuant to Attorney General's Law Enforcement Drug Testing Policy.

(f)

Must have passed background investigation.

(g)

A new Class III officer's break in service may not exceed three years.

[Amended 6-1-2022 by Ord. No. 11-06-2022]

(h)

Complete SRO training within 12 months of being appointed.

In accordance with and subject to the terms, conditions and limitations of statute and law, special law enforcement officers may be appointed and assigned to perform the duties and responsibilities of Class One, Class Two and Class Three special police officers. Class One, Class Two, Class Three special police officers shall be limited to such numbers as, from time to time, shall be authorized and funded by Township Council; provided, however, in no event shall the number of Class Two officers exceed that permitted by statute and law.

§ 26-11 Discipline.

No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank other than for cause as provided in the New Jersey Statutes and the Police Department's rules and regulations.

§ 26-12 Extra-duty employment.

Any person or entity wishing to receive police services which the Township is not obligated or expected to provide or does not usually provide as part of its regular plan of police services may arrange to receive such services within the Township through a private vendor contracted by the Police Department to manage all scheduled extra-duty services. Such Person should notify the Chief of Police, in writing, of the specific nature of services desired at least 15 days before such services are required, unless exigent circumstances exist. All request shall be subject to the availability of personnel as determined by the chief of Police. The Chief of Police is responsible for public safety in Evesham and as such shall administer all activities pursuant to this section.

[Amended 2-6-2018 by Ord. No. 1-2-2018]

All police services within the Township of Evesham shall be delivered by officers from the Evesham Township Police Department. If the Chief of Police determines that the demand cannot be met by the Evesham Township Police Department he may request additional police officers from outside agencies.

All requests for extra-duty police services will be finalized in a written agreement between the Chief of Police and the individual or entity requesting such services. This contract will be managed by a private vendor contracted by the Police Department to manage and schedule extra-duty services. The agreement shall specify the following:

[Amended 2-6-2018 by Ord. No. 1-2-2018]

The scope of services that are to be provided;

The commencement date of the police services to be provided;

The hours of authorized operation;

The number of officers requested and total man-hours needed; and

§ 26-13 Payment for extra-duty police services.

The anticipated date when the need for police services will be completed.

All police officers providing extra-duty services pursuant to this section shall be considered "on-duty" and will function under the supervision of the Chief of Police. The Evesham Township Police Department and its employees will maintain all employment rights while assigned to work extra-duty assignments. Employees working extra-duty assignments will be held to their normal standard of conduct and are subject to disciplinary action for any violation of the rules and regulations.

Members of the Police Department are eligible to accept extra-duty employment only during periods when they are not assigned to regular duty and at times when such extra-duty employment will not interfere with the efficient performance of their regularly scheduled police duties.

The Police Department will, in an effort to save costs, contract with a private company to manage extra-duty services and bill for the services provided.

[Added 2-6-2018 by Ord. No. 1-2-2018]

[Amended 2-6-2018 by Ord. No. 1-2-2018]

A private vendor contracted by the police department shall be responsible for generating bills for all extra-duty police services rendered.

All fees for extra-duty police services will be collected by the vendor contracted by the Police Department to manage the extra-duty services and deposited with the Evesham Township Finance Department.

The fee shall consist of a special hourly rate, agreed upon by the Township and the recognized collective bargaining unit, to be paid to officers working extra-duty assignments, plus a reasonable approximation of the administrative cost, overhead and out-of-pocket expenses to the Township for providing the service, as well as administrative fees charged by the vendor contracted by the Police Department; this fee will be charged by the company who will manage and schedule the extra duty services. All payments for such services shall be collected by the private vendor and paid to the Township of Evesham.

Upon completion of each extra-duty work assignment, the company contracted by the Police Department to manage extra duty services shall cause a summary of the extra-duty assignment(s) to be forwarded to the Township Human Resource Department to facilitate payment. Upon receipt of proof of extra-duty police services, the Township shall disburse payment to those officers who worked the extra-duty assignments. Payment will be based upon the established officer's hourly rate plus an officer prep fee agreed upon by the Township and the recognized collective bargaining unit. Payment for extra-duty work assignments shall be made to the officers at the next available pay period.

§ 26-14 Police Chaplain.

[Added 5-5-2015 by Ord. No. 12-5-2015]

Position created. The position of Police Chaplain for the Township of Evesham is hereby created in accordance with N.J.S.A. 40A:14-141. The position shall be a volunteer position. The position of Police Chaplain shall be subject to the control and direction of the Chief of Police.

Qualifications. Any person appointed as Police Chaplain shall be an ordained clergyman/clergywoman in good standing with the religious body from which he/she is selected. The Police Chaplain shall receive training in the position and should have a basic knowledge of the duties of law enforcement officers. The Police Chaplain shall conform to all police procedures and departmental regulations, insofar as applicable, and shall be credentialed in accordance with the provisions of N.J.S.A. 40A:14-141.

Duties. The Police Chaplain is requested to perform the following duties and any other duties that may be assigned by the Chief of Police:

Assist the Township of Evesham Police Department in making notifications to families concerning serious injuries or death;

Visit sick or injured police personnel at home or in the hospital;

Attend and participate in funerals of active and retired members of the Police Department;

Counsel police personnel regarding personal problems and station house adjustments;

Coordinate and conduct memorial services;