[Amended 6-7-2005 by Ord. No. 1236; 3-7-2006 by Ord. No. 1251; 6-20-2006 by Ord. No. 1260;[1] 6-5-2007 by Ord. No. 1284; 3-1-2022 by Ord. No. 1604]
[1]
Editor's Note: This ordinance stated that all appointments to positions within the Police Department extant before the date of adoption of the ordinance shall remain in force and shall be modified only by further appropriate action of the governing body of the Borough.
[Amended 6-17-2025 by Ord. No. 1688]
A. 
The Police Department of the Borough of Stone Harbor is hereby established. This Department shall consist of a police force and such other nonsworn or civilian personnel as the governing body of the Borough of Stone Harbor shall appoint. The police force shall consist of one Chief of Police, one Captain, one Detective Sergeant, and one Sergeant for each of the four patrol squads and 10 officers. Each patrol squad shall consist of a Sergeant and two patrol officers; however, two patrol officers are not mandated as the patrol squad is at the discretion of the Chief of Police. The remaining two officers, the Chief of Police may assign one as a detective/patrol officer and one as a SAS/patrol officer who acts as a rover, for the purpose of covering open shifts due to leave time and/or other situations that cause an open patrol slot. These shall constitute the permanent 16 full-time members of the police force, not including the Chief.
(1) 
The police force may also consist of such temporary and special police officers as may from time to time be required on a seasonal or emergency basis. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his/her absence, his/her 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 governing body may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The governing body 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 governing body shall have up to one year from the effective date of retirement or resignation to appoint/promote the replacement in order to conduct a thorough, fair and competitive search and selection process. The salary, contractual compensation or other monies paid to members of the police force for their services shall be provided by ordinance.
B. 
The governing body may decrease the police force for reasons of economy. In accordance with N.J.S.A. 40A:14-143, the governing body, if it 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.
C. 
There shall also be such clerical, secretarial and administrative employees as the governing body shall appoint. Said members 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/her absence, his/her designee.
The "appropriate authority," as said term is used in N.J.S.A. 40A:14-188, shall be the governing body of the Borough of Stone Harbor, which shall consist of the Mayor and the Borough Council. The governing body shall be responsible for the overall performance of the Police Department. Failure to post rules and regulations shall in no way invalidate such rules and regulations.
All officers and employees of the Police Department shall be appointed by the governing body, which is empowered to request and receive recommendations made by the Chief of Police. The governing body may require the Chief of Police to process a report upon all applications for employment and upon the applicants.
The head of the Police Department shall be the Chief of Police, who shall be the head of the police force, and he/she shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and he/she 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;
D. 
Delegate such of his/her authority as he/she may deem necessary for the efficient operation of the force to be exercised under his/her direction and supervision; and
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.
[Amended 6-17-2025 by Ord. No. 1688]
The Captain shall report to the Chief of Police as will the Detective Sergeant. All Patrol Sergeants will report to the Captain. In the absence of the Chief of Police, the Chief shall designate the Captain to assume the duties and responsibilities of the Chief. The Captain shall conform to the duties imposed by the job description for Chief of Police as contained in adopted Borough policies, as well as his/her duties as Captain.
The governing body shall establish by resolution, and may from time to time amend and repeal by resolution, such rules and regulations as it may deem necessary for the government and efficient working of the entire Police Department. The rules and regulations when adopted shall be posted by the Chief of Police within five days after their adoption in the room in the municipal building assigned to the Police Department, and a copy thereof delivered to each and every member of the Department within five days after their adoption or any amendment or repeal thereof. Failure to post rules and regulations shall in no way invalidate such rules and regulations.
A. 
General.
(1) 
Each police officer and temporary and special officer shall be subject to the command and direction of the head of the Police Department actually in command and shall perform all duties and obligations prescribed with respect to the Department and with respect to all laws, ordinances and general law enforcement.
(2) 
The Department is charged with the duty of enforcing law, maintaining order, preventing crime, investigating actual or alleged criminal acts and apprehending all violators in a manner agreeable to law and the regulations of the Department.
(3) 
The Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Stone Harbor; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers (N.J.S.A. 40A:14-152).
B. 
Specific duties of Department. The following are specific duties to be performed by the Police Department:
(1) 
Preventing crime.
(2) 
Arresting any person committing or attempting to commit a crime, and apprehend, pursue and arrest any person when permitted to do so without a warrant, and serving any warrant and arresting any person to whom the warrant is directed.
(3) 
Seeking and reporting all hazards that might affect the safety of people and property.
(4) 
Checking and investigating all suspicious persons and things, including private as well as public property and including vacant homes and any faulty condition with respect thereto.
(5) 
Making any and all investigations and checking at nighttime in accordance with the directives of the Department.
(6) 
Performing such duty at school crossings and other public places as directed.
(7) 
Enforcing all laws, ordinances and directives of superiors in the line of duty.
A. 
Training. No person shall be given or accept a permanent appointment as a police officer in the Borough unless that 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 of the State of New Jersey pursuant to the provisions of Chapter 56 of the Laws of 1961, and any amendments and supplements thereto.[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-66 et seq.
B. 
Probationary appointment.
(1) 
No person shall be permitted to take a police training course unless he/she holds a probationary or temporary appointment as a police officer in the Borough. The appointee shall be entitled to a leave of absence with pay during the period of the police training course.
(2) 
This Subsection B shall not prohibit the giving or accepting of a probationary or temporary appointment as a police officer, for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.
A. 
Each permanent police officer shall hold his/her office and continue in his/her employment during good behavior and efficiency, and no such police officer shall be removed from office or employment for any cause other than incapacity, misconduct or disobedience of rules and regulations of the Police Department. No such police officer shall be suspended, removed, fined or reduced from his/her office or employment except upon notice and service of written charges and a hearing, unless any or all of such procedures are waived. Exception: Any such police officer may be suspended, with or without pay, upon written charges pending a hearing as provided by law.
B. 
The Police Chief shall hold the hearing and assess the penalty in instances when the penalty sought is a suspension of five days or some such lesser penalty. In any and all other disciplinary hearings, including a disciplinary hearing based upon charges against the Chief of Police, the Chair of the Public Safety Committee for Police shall be the hearing officer and shall assess the penalty. However, in instances where the Police Chief or the Chairman of the Public Safety Committee is either unavailable, withdraws or is determined to have a conflict of interest, then the Mayor will appoint the hearing officer subject to the approval of the Borough Council. The hearing officer shall assess the penalty.
A. 
Number and class.
(1) 
The Police Department of the Borough of Stone Harbor may hire, on a seasonal basis for terms not to exceed six months during any calendar year, special law enforcement officers as follows:
(a) 
Class 1 officers (as defined in the Special Law Enforcement Officers' Act[1]): not to exceed 10 in number at any one time.
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
(b) 
Class 2 officers (as defined in the Special Law Enforcement Officers' Act[2]): not to exceed 35 in number at any one time.
[2]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
(2) 
Anything to the contrary herein notwithstanding, no more than four Class 2 special law enforcement officers may be hired for a term not to exceed one year.
B. 
Uniforms, equipment and training. The Borough of Stone Harbor shall provide uniforms, equipment and training for the special law enforcement officer. The Borough may charge a reasonable fee for the equipment and uniform supplied, the amount of same to be fixed from time to time by resolution of the Borough Council. The Borough shall charge no fee for training, and the Borough shall pay special law enforcement officers for time spent in training if during the employment with the Borough.
[Amended 6-17-2025 by Ord. No. 1688]
A. 
The Police Department shall have one patrol officer designated as a detective in additional to their role as a patrol officer and one patrol officer may be designated as SAS ("special assignment officer") in addition to their role as a patrol officer. These officers will be assigned, at the discretion of the Chief, to perform duties as a detective or special assignment officers.
B. 
The Police Department may have one full-time temporary detective who shall be assigned by resolution to serve in that position for a period not to exceed one year.
C. 
The position of temporary detective shall be filled by an existing member of the Police Department at the time the temporary assignment is made.
D. 
The Chief of Police shall designate and assign the officer who shall serve in the position of temporary detective.
E. 
The assignment of an officer to the position of temporary detective in one year shall not entitle that officer to fill the position in any succeeding year but shall not preclude same.
[Amended 6-17-2025 by Ord. No. 1688]
A. 
The following line of authority shall exist within the Police Department:
(1) 
Chief of Police.
(2) 
Captain.
(3) 
Sergeant.
(4) 
Officer.
(5) 
Special Officer.
B. 
Each rank/position shall be subordinate to all higher ranks as illustrated above.
C. 
Civilian employees shall report to their assigned supervisor or designee.