Borough of Prospect Park, NJ Composition; Line of Authority; Jurisdiction

Chief of Police. The Chief of Police shall be the head of the Department and shall be directly responsible to the appropriate authority for the conduct, efficiency and management of the department, and pursuant to policies established by the appropriate authority, shall:

Be the Chief Executive Officer of the police force;

Administer and enforce rules and regulations for the control, disposition and discipline of the Department, and of its officers and employees. Also, recommend to the appropriate authority changes to said rules and regulations;

Implement the procedures for the hearing and determination of charges alleging violation of department rules and regulations by any subordinate member of the police force, provided that a member may be penalized in accordance with the Police Department rules and regulations, only on written charges made or preferred against him, after such charges have been examined, investigated and heard by the proper hearing authority, upon such reasonable notice to the member charged, and according to such practice, procedure and manner as may be prescribed by rules and regulations of the Department. Said written charges shall contain a request for penalization as provided for in the Police Department rules and regulations by the applicable staff officer. If the Chief of Police is the officer charged with a violation of departmental rules and regulations and is to be removed from service, demoted in rank or suspended, fined, or otherwise penalized, the appeal and hearing must be under the jurisdiction of the appropriate authority.

In his discretion, deduct and withhold salary from any member of the police force as a result of absence for any cause without leave;

Have and exercise all of the functions, powers, and duties of a department head;

Have, exercise, and discharge any functions, powers, and duties of the Department;

The Chief of Police will coordinate with the Police Captain whereby they will each make periodic unannounced and unexpected inspections of police headquarters and patrols at various and diverse times during the day and night. Such activity will be recorded on reports to be kept by the Chief or other officer as applicable;

(h)

Delegate such of his powers as he may deem necessary for the efficient administration of the Department to be exercised under his direction and supervision; and

(i)

Report, as required, on the work of the Department to the appropriate authority on the forms and in the format prescribed.

Police Captain. In addition to the general and individual responsibilities of all members and employees and supervisory offices of the department, the Police Captain is responsible for the following.

Command. The direction and control of personnel under his/her command to assure the proper performance of duties and adherence to established rules, regulations, policies, and procedures. He shall provide for continuation of command and supervision in his/her absence.

Loyalty and espirit de corps. The development and maintenance of espirit de corps and loyalty to the Department.

Discipline and morale. The maintenance of discipline and morale within the investigation of personnel complaints not assigned elsewhere.

Organization and assignment. Organization and assignments of duties within his unit to assure proper performance of Department functions and those of his command.

Reports and records. Preparation of required correspondence, reports and maintenance records relating to the activities of his command. Assurance that information is communicated up and down the chain of command, as required.

Maintenance. Assurance that quarters, equipment, supplies and material assigned to his command are correctly used and maintained.

Other such supervisory duties as may be assigned from time to time.

(3)

Police Lieutenant. The Lieutenant, during his/her tour of duty, exercises the same authority and has the same responsibilities as his/her Captain, subject to the Captain's authority. In addition to the general and individual responsibilities of all members, employees and supervisory offices of the department, the Police Lieutenant is responsible for the following:

Loyalty and espirit de corps. The development and maintenance of espirit de corps and loyalty to the Department.

Discipline and morale. The maintenance of discipline and morale within the investigation of personnel complaints not assigned elsewhere.

Organization and assignment. Organization and assignments of duties within his unit to assure proper performance of Department functions and those of his command.

Maintenance. Assurance that quarters, equipment, supplies and material assigned to his command are correctly used and maintained.

Other such supervisory duties as may be assigned from time to time.

(4)

Police Sergeants. The Sergeants, during their tours of duty, exercise the same authority and have the same responsibilities as their Captain and Lieutenant, subject to the Captain's and Lieutenant's authority. In the absence of a Lieutenant and Sergeant, the senior available member of the shift is in charge, unless otherwise provided. In addition to the general and individual responsibilities of all members and employees, the Sergeants are specifically responsible for the following:

Good order. The general order of his command during his tour of duty includes proper discipline, conduct, welfare, field training, and efficiency.

Reporting. Reporting as required by a commanding officer.

Personnel complaints. Inquiry into personnel complaints against members and employees under his command in accordance with the provisions of this manual.

(5)

Detective. The Detective shall have the same duties and responsibilities as assigned to patrol officers, however, with emphasis placed in the specialized areas as follows:

Initial and follow-up investigations of serious crimes, vice crimes and other investigations specifically assigned by the Chief of Police.

Preparation of cases for prosecution.

Recovery of stolen property.

Performance of all identification functions.

Prevention and control of juvenile delinquency.

Processing of juvenile offenders.

Maintaining liaison with the juvenile courts.

(h)

Crime prevention.

(i)

Evidence storage and control.

(6)

Patrol officers. Patrol officers are responsible for performing a variety of duties related to the protection of life and property, enforcement of criminal and traffic laws, prevention of crime, preservation of the public peace, and the apprehension of criminals. They will perform these duties as prescribed in Department orders and as directed by their supervisors. In addition to these and the general and individual responsibilities of all members and employees, patrol officers are specifically responsible for the following:

Police mission. A patrol officer is responsible for the accomplishment of the police mission on his patrol. He shall constantly be alert for violations of the laws and ordinances and shall make every effort to prevent breaches of the peace and offenses against persons and property. He shall be held accountable for crime, accidents, disorders, and other criminal conditions on his patrol beat or post.

Reporting for duty. He shall report promptly at the designated hour and place, in proper uniform for assignment and inspection. He shall listen attentively to orders and instructions of his superior officers and read such materials as are made available to him. He shall make written memoranda of such information as necessary and shall immediately proceed to his post or beat upon completion of these tasks.

Familiarization with patrol. A patrol officer shall thoroughly familiarize himself with the Borough. He shall be familiar with all public businesses, offices, and their entrances, exits, skylights, fire escapes, and other possible means of escape. While making security checks of doors, he shall familiarize himself with the location of safes and night lights. Changes in night lights will be particularly noted.

Method of patrol. During his tour of duty, the patrolman shall continuously patrol every part of his assigned area giving attention to and frequently rechecking locations where the crime hazard is great. As far as possible, he shall not patrol his assigned area according to any fixed route or schedule, but shall alternate frequently and backtrack in order to be at the location least expected.

Unlocked buildings.

When a door or window is found open under suspicious or unusual circumstances on any tour of duty, a patrol officer shall make a thorough investigation and determine, if possible, whether a burglary or other crime has been committed and whether the door or window can be secured. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows. He shall notify his shift commander and the property owner.

[2]

Under circumstances indicating that an intruder is still inside a building, the officer discovering same should immediately summon assistance and then stand guard. When the assistance arrives, he may enter and search the building.

Field interviews. When the occasion demands it, the patrol officers shall courteously, but firmly, question persons on the public streets as to their names, addresses, reason for being on the street, and other matters relating to the circumstances. In all cases, good judgment, probable cause, and discretion shall be used in the making a decision to arrest.

Traffic law enforcement. Patrol officers are charged with the enforcement of all provisions of local and state traffic codes. Failure to take appropriate action in traffic violation cases is considered neglect of duty.

(h)

Complaint action. A patrol officer shall carefully investigate all complaints on or near his patrol which are assigned to him or which are brought to his attention by citizens. He shall take suitable action in those cases which come under his jurisdiction, and inform interested parties of the laws or ordinances relative to the particular compliant or incident. If the legal remedy of the complaint lies outside the jurisdiction of the Police Department, he shall advise the complainant accordingly and refer him to the proper authority.

(i)

Preliminary investigations. At the scenes of major crimes, subject to direction from higher authority, the first officer at the scene, after it has been established that the perpetrator is no longer present, will begin the preliminary investigation (except in the case of homicide; in those instances, a member of the Detective Bureau will be called to the scene immediately). In all instances, members not assigned will not enter the premises or do any other thing that might interfere with the investigation or destroy evidence. In cases of homicide, the first duty of the patrol officer is to guard the scene, exclude all unauthorized persons, and detain all witnesses for interrogation.

(j)

Radio failure. Patrol officers shall pay strict attention to all regular radio transmissions. When they fail to hear any radio transmissions or time signals for a period not to exceed 15 minutes, they shall immediately call the dispatcher for a special test. If he fails to receive an acknowledgment, he shall immediately contact the dispatcher or commander. In case of radio trouble, the officer shall notify his shift commander and/or dispatcher of the nature of the trouble.

(k)

Patrol officers will be further responsible for daily performance standards and such other duties as defined by SOP.

§ 50-4 Jurisdiction.

The appropriate authority. Said Police Department shall come under the jurisdiction of the appropriate authority, which position is hereby created pursuant to N.J.S.A. 40A:14-118. Said appropriate authority shall be the Mayor or any person designated by the Mayor subject to the approval of the Borough Council. The appropriate authority shall be responsible directly to the governing body. The Chief of Police shall be directly responsible to the appropriate authority for the day-to-day operation of the Police Department pursuant to policies established by said appropriate authority. The appropriate authority is hereby vested with the duty of and shall be responsible for the promulgation, adoption, updating, and/or ratification of rules and regulations for police personnel which shall be known as the rules and regulations for the Police Department of the Borough of Prospect Park (N.J.S.A. 40A:14-118).

Hearing authority.

In the event of any disciplinary proceedings against any member of the Police Department of the Borough of Prospect Park below the rank of Chief of Police, the appropriate authority or his designee shall be the sole hearing authority and person(s) in charge of all such proceedings. The decision of the hearing officer(s) shall be final and binding. The right of appeal shall be to the New Jersey Superior Court pursuant to N.J.S.A. 40A:14-150.

In the event of any disciplinary proceedings against the Chief of Police of the Borough of Prospect Park, the appropriate authority or their designee shall be designated as the hearing authority and in charge of all such proceedings. The decision of said hearing authority shall be final and binding. The right of appeal shall be to the New Jersey Superior Court pursuant to N.J.S.A. 40A:14-150.

(3)

In the event a designated hearing authority is utilized, pursuant to Subsection B(1) above, and the designated hearing authority is to be an officer within the Prospect Park Borough Police Department (e.g., Chief of Police), only a person of greater rank than the person charged may be so designated for that purpose. If a designated hearing authority is utilized pursuant to Subsection B(2) above in lieu of the appropriate authority, for hearings involving charges against the Chief of Police, such designee shall be either the entire governing body or Special Counsel. Whenever Special Counsel is designated to serve as the hearing authority pursuant to either Subsection B(1) or B(2) above, prior approval must be obtained by resolution of the governing body.

Charging authority.

In the event a Prospect Park Borough Police Department officer is to be charged in a disciplinary action and said employee is subordinate to the rank of the Chief of Police, only the Chief of Police or his designee may initiate such charges (N.J.S.A. 40A:14-118). In the event the office of the Chief of Police has been abolished through intentional vacancy, pursuant to § 50-10, then the appropriate authority or his designee shall function as the charging authority. Failure to initiate charges when same are indicated may constitute a neglect or dereliction of duty [Gauntt v. Bridgeton, 194 N.J. Super. 468, 477 A.2d 381 (App. Div. 1984)], but the function of the charging authority may not be circumvented.

In the event the Chief of Police for the Borough of Prospect Park is to be charged in a disciplinary action against the Chief, the appropriate authority and/or his designee shall be the charging authority. The appropriate authority is hereby empowered to name a designated Special Counsel to function as an alternative charging authority without prior Council approval in an emergency. This is necessitated by the statutory time lines involved in the charging process. Notwithstanding this authority, at the earliest opportunity the appropriate authority shall inform Council of the action that he has taken and obtain its approval.

(3)

Any person(s), whether police officer, Special Counsel, or the appropriate authority, who serves in an investigative capacity and/or as the charging authority relevant to a Prospect Park Borough Police Department disciplinary action; he or they may not thereafter be designated as or serve as the hearing authority in that same disciplinary action.

Appeals. In the event of administrative charges pertaining to any member of the Police Department, the appropriate authority shall schedule a hearing in accordance with the provisions of this chapter and state statute. Administrative charges served on any employee shall contain the date, time and location for a prospective hearing as required by statute. That hearing date may be postponed at the discretion of the hearing authority within the statutory time lines. Any postponement beyond the statutory thirty-day time line will generally require a waiver of the statutory thirty-day rule by the employee and a formal request for said postponement.

§ 50-5 Special law enforcement officers.

The appropriate authority shall, with the approval and consent of the governing body, appoint special law enforcement officers as he or they may deem necessary. They shall be a part of the Police Department established herein and subject to all the laws, rules and regulations governing the same. Pursuant to N.J.S.A. 40A:14-146.8 et seq., the term of said appointment shall be at the discretion of the governing body, but in no event shall exceed one year. The personnel referred to in this section shall be compensated at such hourly rate as designated in the Borough's Salary Ordinance.[1] Said personnel shall serve for the appointed term only and at the compensation, if any, established by ordinance or as modified or changed by the governing body.

Editor's Note: The currently effective salary ordinances of the Borough of Prospect Park are on file in the office of the Borough Clerk; see Ch. 60.

§ 50-6 Civilian employees.

The appropriate authority shall, with the approval and consent of the governing body, appoint such civilian members of the Police Department to serve in the services division as he or they may deem necessary. Said members are to serve as school crossing guards and/or to provide dispatching services, clerical duties and logistical duties in support of the Police Department. Such civilian employees will serve in the job classifications created for that purpose, but not necessarily limited to same.

§ 50-7 Graphic table of organization.

A graphic table of organization (TO) shall be maintained by the Police Administration to show the following:

The Prospect Park Borough Police Department divisional structure.

The Prospect Park Borough Police Department personnel structure.

The express function of each position will be as defined within the rules and regulations of the Prospect Park Borough Police Department promulgated by the appropriate authority, but is not necessarily limited to the same.

§ 50-8 Monthly reports to appropriate authority.

The Chief of Police shall submit monthly reports to the appropriate authority in such form as shall be proscribed by said authority on the operation of the force during the preceding month and make such other reports as may be requested by said appropriate authority.

§ 50-9 Policies established by appropriate authority to govern day-to-day operations.

Pursuant to N.J.S.A. 40A:14-118, the Chief of Police, if such office is filled, shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof and he shall ". . .pursuant to policies established by the appropriate authority" perform his assigned duties. Therefore, the appropriate authority shall issue whatever operations orders, general orders, or standard operating policies that are deemed appropriate and necessary for the operation of their Department. Other than for emergency directives, any such operational policies promulgated by the Chief of Police shall require ratification by the appropriate authority. All such policies will be submitted to the appropriate authority and will take effect 10 days later absent a response from the appropriate authority to the contrary. This will hereafter be referred to as the "ten-day review rule."

§ 50-10 Responsibility of Chief of Police to appropriate authority.

Consistent with N.J.S.A. 40A:14-118, the Chief of Police, when that position is filled, is directly responsible to the appropriate authority for the performance of the Chief's duties. As such, the Chief of Police shall be considered a subordinate officer in relation to the appropriate authority and shall be subject to and duty-bound to obey any otherwise lawful direct order of the appropriate authority in the discharge of his or her duties. As such, the appropriate authority may issue such orders directing the day-to-day performance of the Police Chief's duties in any manner and to any degree not directly prohibited by law, specifically N.J.S.A. 40A:14-118 and case law thereunder, as applicable.

§ 50-11 Emergency directives.

Nothing herein contained shall infringe upon or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives (N.J.S.A. 40A:14-118).

§ 50-12 Hours of employment.

The hours of employment of sworn and/or uniformed members of the Police Department shall not exceed eight consecutive hours in any one day or 40 hours in any one week, provided that, in case of an emergency, the officer, board, or other official having charge or control of the Police Department or police system shall have full authority to summon and keep on duty any and all such members during the period of emergency. The 40 hours per week requirement may, with approval of the appropriate authority, be satisfied over an extended work period as provided by Section 7K of the Fair Labor Standards Act.[1]

Editor's Note: See 29 U.S.C. § 207(k).

§ 50-13 Appointment.

All members of the Police Department shall be appointed by the appropriate authority, with the advice and consent of the governing body and are to hold their offices as provided by law.

No person shall be appointed as a member of the Police Department in the Borough of Prospect Park who has failed, prior thereto, to have duly executed and signed a written application for such employment, upon a form supplied by the Borough Clerk, requiring relevant data to be submitted by the applicant therein, and shall have also indicated therein his willingness to undergo a required preemployment physical examination and a preemployment psychiatric examination.

Appointments to new positions or offices or to fill vacancies shall also be subject to state laws.

§ 50-14 Qualifications.

Each applicant shall comply with all the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Borough unless he has first been given a probationary or temporary appointment to such office after successfully completing 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 amendments thereto.[1]