Borough of Oaklyn, NJ Article I Police Department Established

[Adopted 1-20-1932 by Ord. No. 1-32]

§ 35-1 Establishment; duties.

[Amended 10-11-1994 by Ord. No. 12-94; 7-10-2012 by Ord. No. 11-12]

A. Establishment.

(1) There is hereby created in and for the Borough of Oaklyn a Police Department which shall consist of a Chief of Police, Captains of Police, Lieutenants of Police, Sergeants of Police, patrol persons, and such other positions as needed and created by ordinance.

(2) The Borough Council shall from time to time determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions, by resolution, with their compensation. Hiring and promotion of said persons shall be the responsibility of the Borough Council.

(3) No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes. The Borough Council may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.

B. Duties. The Police Department shall:

(1) Preserve the public peace;

(2) Protect life and property;

(3) Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Oaklyn;

(4) Direct and control traffic;

(5) Provide attendance and protection during emergencies;

(6) Provide appearances in court;

(7) Cooperate with all other law enforcement agencies; and

(8) Provide training for the efficiency of its members and officers.

§ 35-2 Office of Chief of Police.

[Amended 6-4-1947 by Ord. No. 1A-47]

A. There is hereby established in the Borough of Oaklyn the office of Chief of Police.

B. Said Chief of Police shall be appointed by the Mayor, subject to confirmation by the Borough Council.

C. Said Chief of Police and all policemen of the Borough of Oaklyn shall be under the direction and control of the Police Committee of the Council and its Chairman acting as Director of Public Safety.

D. Said Chief of Police shall be paid a salary as set forth in the annual Salary Ordinance.[1]

[Amended 9-13-1977 by Ord. No. 13-77]

[1] Editor’s Note: The current salary ordinance is on file in the Borough offices.

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

[Added 10-11-1994 by Ord. No. 12-94]

(1) Administer and enforce the rules and regulations of the Police Department and any social emergency directive for the disposition and discipline of the Department and its members and officers.

(2) Have, exercise and discharge the functions, powers and duties of the Public Department.

(3) Prescribe the duties and assignments of all members and officers.

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

(5) Report at least monthly to the Borough Council in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Borough Council.

§ 35-3 Duties of officers of Police Department.

[Amended 10-11-1994 by Ord. No. 12-94]

All the officers of the Police Department shall perform all the duties provided by law and such other and further duties as may be established by the Director of Public Safety, including but not limited to preserving the public peace; protecting life and property; detecting, arresting and prosecuting offenders of the laws of New Jersey and the ordinances of the Borough of Oaklyn; directing and controlling traffic; providing attendance and protection during emergencies; providing appearances in court; cooperating with all other law enforcement agencies; and providing training for the efficiency of its members and officers.

§ 35-3.1 Administration.

[Added 10-11-1994 by Ord. No. 12-94]

The Borough Council of the Borough of Oaklyn shall be designated as the appropriate authority as provided in the New Jersey Statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 35-3.2 Appointment of special police officers.

[Added 9-9-2014 by Ord. No. 16-14]

The Borough Council 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, and such appointment may be revoked without cause or hearing. 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. The special police officer's powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed, or upon revocation of their appointment. They may be furnished with a badge upon the deposit of a sum to be fixed by the Borough Council, which may be refunded upon return of the badge.

§ 35-3.3 Qualifications of special police; conduct in office.

[Added 9-9-2014 by Ord. No. 16-14]

A. No person shall be appointed as a special police officer unless he/she is a citizen of the United States; able to read, write and speak the English language; physically qualified and of good moral character; and shall not have been convicted of any crime. No such special police officer shall carry a revolver or other weapon when off duty. Every special police officer shall be fingerprinted, and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

B. Every such special police officer shall be under the supervision and direction of the Chief of Police or officer in charge of the Police Department.

C. Every such special police officer shall comply with the Police Department's rules and regulations promulgated by the Borough Council for the conduct and decorum of the regular members of the Police Department.

D. Before any such appointment is made, the Chief of Police shall ascertain whether the applicant for the appointment is eligible and qualified, as provided by statute, and a written report shall be made to the Borough Council.

E. Said written report shall be made by the Chief of Police within two weeks of the date the same is requested by the Borough Council, and said written report shall list the findings of the Chief of Police in detail. Following the receipt of such written report, the Borough Council shall determine whether to appoint said special police officer and, in conjunction therewith, may make an independent investigation and appraisal of such applicant or proposed appointee.