[HISTORY: Adopted by the Township Committee of the Township of Independence 7-13-1987 by Ord. No. 87-13 (Ch. 40 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 14.
Salaries and compensation — See Ch. 89.
A. 
A Police Department is hereby created and established in the Township of Independence. The Department shall consist of a Chief of Police, and the requisite number of lieutenants, sergeants, corporals, detectives, patrolmen, and police K-9 as will be determined by the Township Committee as being proper and feasible for the Department and which will be acted upon from time to time by the Township Committee. These members of the Independence Township Police Department shall be duly sworn.
[Amended 4-8-2003 by Ord. No. 03-5]
B. 
The Independence Township Police Department shall consist of certain civilian personnel to fill the positions of Secretary/Clerk/Dispatcher and municipal department head. The Township Committee shall appoint the appropriate numbers of the above-mentioned civilian personnel as is deemed necessary for the efficient operation of the Police Department.
[Amended 4-9-2019 by Ord. No. 2019-02]
C. 
All appointments and promotions with the Independence Township Police Department will be in accordance with Civil Service, Title 4 of the New Jersey Administrative Code. Administrative assignments within the Department, shall remain the sole responsibility and authority of the Chief of Police.
[Added 2-13-2007 by Ord. No. 2007-01]
The Township Police Department shall consist of one lieutenant, one sergeant, one corporal and four patrolmen.
Once each year, at the organizational meeting of the Township Committee, the Mayor, with the consent and approval of the majority of the Township Committee, shall appoint a member of the Township Committee as Police Commissioner. The Township Committee and the Police Commissioner shall provide for the maintenance and control of the Police Department. Such control shall be exercised through the Chief of Police. The Police Commissioner may be removed from that position by a majority of the Township Committee.
A. 
The Township Committee, upon a majority vote of approval, by resolution, shall adopt the rules and regulations concerning the conduct and duties of all personnel of the Independence Township Police Department as described in § 63-1. The rules and regulations for the government of the Independence Township Police Department, the discipline of its members and the maintenance, regulation and control of the Department shall be known as the "Independence Township Police Department Rules and Regulations Manual." Each member and employee of the Independence Township Police Department shall be presented with a printed copy of the Independence Township Police Department Rules and Regulations Manual upon the effective date of employment with the Department.
B. 
The Independence Township Police Department Rules and Regulations Manual shall from time to time be amended by resolution of the Township Committee for the purpose of updating and maintaining the manual in the most current form possible.
C. 
It is the intent and purpose of the Township Committee to have the Independence Township Police Department utilize the Independence Township Police Department Rules and Regulations Manual to effectively operate, manage and provide guidelines for the efficient operation of the entire Department. To that end, the terms, provisions and chapters of the Independence Township Police Department Rules and Regulations Manual constitute the enumeration of those guidelines, consistent with N.J.S.A. 40A and the New Jersey Department of Civil Service Title 4 of the New Jersey Administrative Code.
A. 
The Chief of Police shall direct the administration and operation of the Police Department and, in addition to policies transmitted to him by the Police Commissioner and the Township Committee, shall establish other policies and directives for the day-to-day administration and operation of the Department as he deems necessary. The Chief of Police shall be responsible directly to the Police Commissioner and the Township Committee for the administration of the Department.
B. 
The Chief of Police shall keep a correct record of the work and operations of the Police Department and shall submit to the Police Commissioner and the Township Committee each month a report of such work and operations for the preceding month.
In the exercise of its powers and duties, the Police Department shall:
A. 
Preserve the public peace; prevent crime; detect and arrest offenders against the penal laws and ordinances effective within the Township; suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages; and preserve order at all elections and public meetings and assemblages.
B. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and make rules and regulations, not inconsistent with the ordinances and general law, for such purpose.
C. 
Remove all nuisances in public streets, parks and other public places; inspect and observe all places of public amusement or assemblages and all places of business requiring any state or municipal license or permit.
D. 
Provide proper police attendance and protection at fires.
E. 
Provide proper police attendance and protection at municipal courts.
F. 
Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of person charged with crimes and other violations of the law, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
G. 
Enforce the laws and ordinances in effect within the Township and prevent the violation of them by any person; apprehend and arrest all persons legally charged with the violation of any law or ordinance.
H. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
A. 
Special police officers, including men and women, may be appointed by the Township Committee for a term not to exceed one year. Such officers shall not be considered members of the Police Department, and their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed. Any such appointment may be revoked at any time without notice and without hearing. All applicants for such appointment shall appear personally before the Chief of Police. Such special police officers may be appointed by the Township Committee upon investigation, report and recommendation as to their qualifications by the Chief of Police, in accordance with all applicable laws and the Special Law Enforcement Officers' Act.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
B. 
Special police officers may be furnished with a badge, identification card and other equipment deemed necessary by the Chief of Police. Any equipment assigned shall be returned to the Chief of Police within 48 hours following termination of such employment.
C. 
Special police officers shall receive as compensation the hourly rate as set forth in the Salary Ordinance of the Township of Independence.
[Added 4-9-2019 by Ord. No. 2019-02]
A. 
Duties and powers. During a vacancy in the position of Chief of Police, a municipal department head for the Police Department shall be appointed by the Mayor and Committee to fulfill the following duties:
(1) 
Supervise the Police Chief or acting officer in charge, who shall be directly responsible to the department head for the efficiency and routine day-to-day operations of the police and fire rank and file.
(2) 
Promulgate policies, rules and regulations for the effective disposition of the police function and the discipline of the officers and personnel of the force.
(3) 
Determine the powers, functions, duties and assignments of officers and personnel of the force.
(4) 
Administer, supervise and direct the personnel and functions of the Department.
(5) 
Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of its officers and personnel.
(6) 
Periodically promulgate reports for the Mayor and Committee regarding the operation of the Department.
(7) 
Perform such other duties as directed by the Mayor and Committee.
B. 
No police power. A person who is appointed as the department head hereunder does not acquire and is not conferred police powers by virtue of that designation or appointment or by virtue of the fact that the person had been a police or other law enforcement officer prior to the designation or appointment, and shall not exercise police powers or perform police duties, including, but not limited to, the following:
(1) 
Operate a marked or unmarked police vehicle, conduct a motor vehicle stop, engage in patrol activities, or answer calls for service;
(2) 
Stop, detain, or arrest persons;
(3) 
Wear a law enforcement officer uniform of any type or class, display a badge of any type, or otherwise exhibit evidence of police authority;
(4) 
Obtain criminal history or motor vehicle record information or access criminal investigative reports;
(5) 
Direct internal affairs investigations or access records related to these investigations;
(6) 
Direct criminal investigations; or
(7) 
Carry a firearm while performing the duties of department head of the Police Department.