[HISTORY: Adopted by the Township Committee of the Township of Morris as indicated in article histories. Amendments noted where applicable.]
Fire Department — See Ch. 52.
Article I Organization
Article II Special Law Enforcement Officers
[Adopted 11-15-1948 by Ord. No. 14-48 (Ch. 17, Art. I, of the 1969 Code)]
[Amended 6-19-2013 by Ord. No. 10-13; 10-23-2013 by Ord. No. 20-13]
There is hereby established in the Township of Morris a Police Department; said Police Department will be governed by the appropriate authority and shall consist of no more than the following enumerated police officers in the ranks and positions indicated:
The Chief of Police shall be head of the Police Department and shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof. The "appropriate authority" as used herein shall mean the Township Administrator of the Township of Morris. The Morris Township Administrator is hereby designated as the "appropriate authority" in accordance with N.J.S.A. 40A:14-118.
[Amended 6-22-2016 by Ord. No. 12-16]
The appropriate authority may, from time to time, leave one or more of the above positions vacant as it sees fit. The express purpose for naming these offices is to establish the positions and a statutory line of authority. Whenever any such office is left vacant, it will be deemed not to exist and will be bypassed in the chain of command. Assignments within each rank shall be the responsibility of the Chief of Police.
Nothing contained herein shall be read or interpreted as requiring the appointment of police officers to the ranks/positions specified above, or in the numbers designated for each rank/position. No persons may be appointed to the Township of Morris Police Department until they have satisfied all statutory requirements and have completed the selection process and standards established by the within ordinances and the rules and regulations adopted by the appropriate authority to govern the Police Department.
Pursuant to policies established by the appropriate authority in accordance with N.J.S.A. 40A:14-118, the Police Chief shall:
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
Have, exercise, and discharge the functions, powers and duties of the force;
Prescribe the duties and assignments of all subordinates and other personnel;
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; and
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.
[Added 6-19-2013 by Ord. No. 10-13]
All on-duty firearms shall be provided by the Township of Morris, shall remain the property of the Township and shall be subject to recall by the Chief of Police. Backup and off-duty firearms must be approved by the Chief of Police and used in compliance with New Jersey Attorney General guidelines, directives and Department policy.
The officers and members of the Police Department shall be appointed and designated by the Township Committee and shall receive such salary as the Township Committee may determine.
[Amended 7-14-1966 by Ord. No. 17-66; 6-19-2013 by Ord. No. 10-13]
Each member and officer shall be a citizen of the United States and be of good moral character, sound in body and in good health and able to read, write and speak the English language well and intelligently.
On or after July 1, 2013, each applicant must also posses at least one of the following: an associate's degree; 60 college credits; military service; previous police service; or be presently enrolled in a New Jersey certified police academy.
No person shall be given nor shall he/she accept a permanent appointment in the Township as a police officer unless such person 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, pursuant to the Police Training Act, N.J.S.A. 52:17B-66 et seq.
A qualified person for the Morris Township Police Department shall be given a probationary or temporary appointment as a police officer in the Township for a total period not exceeding one year for the purpose of enabling the person seeking permanent appointment to take a police training course as prescribed in the Police Training Act, N.J.S.A. 52:17B-66 et seq. However, the time period set forth above may exceed one year for those persons enrolled prior to the one-year limit in a police training course scheduled to end subsequent to the one-year limit and for those persons who, prior to the one-year limit, have been scheduled to attend a police training course which commences subsequent to the one-year limit.
Upon successful completion of the police training course, the probationary or temporary appointment of the person shall continue for a total time of 12 months. The purpose of a twelve-month probationary or temporary appointment is to permit the Township to determine whether the person satisfactorily performs his/her duties as a Township police officer. The twelve-month probationary or temporary appointment period shall commence on the date of hire.
[Amended 3-10-1971 by Ord. No. 7-71; 12-27-1972 by Ord. No. 49-72; 6-19-2013 by Ord. No. 10-13]
No person shall be appointed an officer or member of the Police Department who has been convicted of a crime involving moral turpitude or who is less than 18 or more than 35 years of age. Nothing herein contained shall prohibit the continuance in office or employment of any person who is employed by the Township of Morris in the capacity of a policeman at the time of the adoption of this article.
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes, Department rules and regulations and standard operations procedures. The appropriate authority may also require that an applicant for appointment to the Police Department shall successfully complete and pass a medical, mental and psychological examination (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127).
No person shall be appointed an officer of the Police Department who has not completed a satisfactory background investigation, to include, at a minimum, drug testing, criminal history checks, New Jersey driver's license checks, personal interview and any other requirement as defined by New Jersey statutes.
[Amended 12-27-1972 by Ord. No. 49-72]
The members of the Police Department shall hold their offices and employment during good behavior and efficiency, and no person shall be removed from office or employment for political reasons or for any other cause than incapacity, misconduct or disobedience of just rules and regulations established for the Department and then only on written charges and hearing in accordance with the statutes, provided that any member of the Department who shall be absent from duty without just cause for the term of five days continuously shall, at the expiration of the said five days, cease to be a member of the Police Department.
The powers and duties of the officers and members of the Police Department shall be as prescribed by the laws of this state, the ordinances and resolutions of the Township and such rules and regulations as may now or hereafter be adopted for the government and discipline of the Department. All members of the Department shall have power to serve and execute all processes issued by the Judge of the Township.
There may also be appointed such number of special policemen, to be so designated as the Township Committee may, by resolution, from time to time, determine. Such special policemen shall be under the instruction of the Chief of Police and shall be subject to such rules and regulations as the Township Committee may make from time to time and shall hold office during the pleasure of the Township Committee for a term not exceeding one year, but may be appointed, reappointed or employed as the occasion demands. Such special policemen shall not be members of the police force. 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 cause and without hearing. Such officers may be furnished with a badge upon a deposit of a sum to be fixed by the Township Committee, which may be subject to the rules and regulations of the Department.
[Amended 2-20-2008 by Ord. No. 24-08; 6-22-2016 by Ord. No. 12-16]
The Township Committee shall, in consultation with the Township Administrator, establish rules and regulations respecting the Department. Further, the Township Committee shall make provisions for the acquisition of such apparatus, equipment and vehicles as may be necessary or useful for the Police Department. After consulting with the Township Administrator and Chief of Police, the Township Committee may authorize the hiring of any sworn police officer.
The Township Administrator shall have the following responsibilities with respect to the Police Department.
The Township Administrator shall be the liaison between the Township Committee and the Police Department and shall report to the Township Committee on all matters concerning the Police Department.
The Township Administrator shall be responsible for establishing and/or amending, as may be necessary, the Table of Organization for the Police Department.
The Township Administrator, in consultation with the Chief of Police, shall be responsible for the establishment and administration of a promotional process for the Police Department and shall be responsible for making all promotional recommendations to the Township Committee.
The Township Administrator shall be the final authority for the determination and disposition of disciplinary charges made against any member of the Police Department, following a disciplinary hearing. The Township Administrator may serve as hearing officer for the final discipline of any disciplinary charges. Alternatively, the Township Administrator shall have the authority to appoint, subject to the approval of the Township Committee, an independent hearing officer for the disposition of disciplinary charges. In the event the Township Administrator appoints an independent hearing officer, the hearing officer shall make all necessary findings of fact and conclusions of law as to any charges and, in the event of a finding of guilty on any or all of the charges, shall determine a penalty. The findings of fact and conclusions of law of the hearing officer, together with the penalty (if any) determined shall be immediately communicated to the Township Administrator in the form of a written opinion. Thereafter, the Township Administrator shall have the authority to accept, reject, or modify any portion of the opinion of the hearing officer. The decision of the Township Administrator shall constitute the final municipal action in the matter.
[Adopted 4-18-2018 by Ord. No. 11-18]
The Police Department shall be authorized to have appointed to it Class One special law enforcement officers not to exceed 20 at any time.
The Police Department shall be authorized to have appointed to it Class Two special law enforcement officers not to exceed 12 at any time.
The Police Department shall be authorized to have appointed to it Class Three special law enforcement officers not to exceed 20 at any time.
The Chief of Police shall ascertain the eligibility and qualifications of applicants and report his determinations and recommendations in writing to the governing body. Upon receipt of such recommendation, the governing body may, in its discretion, appoint special officers for a period not to exceed one year, subject to the limitations of § 118-10 herein.
Every applicant for appointment as a special officer must satisfy the following requirements. He must:
Be a resident of the State of New Jersey during the term of the appointment.
Be able to read, write and speak the English language.
Be a high school graduate or possess an equivalency certificate.
Be of good health and moral character.
Not have been convicted of an offense involving dishonesty or which would make the applicant unfit to perform his or her duties.
Successfully undergo the same psychological testing as is required of a full-time police officer in the Township of Morris.
Be fingerprinted according to statute.
Special officers shall be under the direction and supervision of the Chief of Police or, in his absence, other superior officer designated by the Chief of Police.
Special officers shall only perform their authorized duties within the jurisdictional boundaries of Morris Township unless in fresh pursuit as defined pursuant to Chapter 156 of Title 2A of the New Jersey statutes.
Special officers shall be subject to and comply with all rules and regulations, standard operating procedures, general and special orders and other directives of the Morris Township Police Department.
The uniforms and equipment of special officers shall be determined by the Chief of Police and comply with N.J.S.A. 40A:14-146.12.
All special officers must satisfactorily complete all training requirements as established by the Police Training Commission pursuant to N.J.S.A. 40A:14-146.11 et seq. and any additional requirements established by the Chief of Police.
There shall be three classifications of special officers. The Police Training Commission shall prescribe by rule or regulation the training standards for each classification. The classification shall be based on the duties to be performed by the special law enforcement officers as follows:
Class One special officer. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Township ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited. No Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
Class Two special officer. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
Class Three special officer. Officers of this class shall be authorized to exercise full powers and duties to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of § 7 of P.L. 1985, c. 39 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection I of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
The Chief of Police may assign Class One and Class Two special officers to perform authorized duties not exceeding 20 hours per week.
The Chief of Police may designate one special officer to whom the limitation of hours set forth in Subsection A above shall not apply, in accordance with N.J.S.A. 40A:14-146.8 et seq.
Class One and Class Two special officers may be assigned without a limitation of hours during periods of emergency.
The Chief of Police may assign Class Three special officers to schools as needed as a part-time employee.