[Adopted 12-14-1971 as Ch. III of the Revised General Ordinances, 1971]
The Police Department of the Town of Clinton is hereby established and shall consist of the officers and men composing the complement on the date of the adoption of this chapter and such other officers, patrolmen, probationary officers, police matrons, traffic officers, school traffic officers and employees as the Council may from time to time appoint.
All members of the Police Department shall be appointed by the Mayor, with confirmation by Council, to hold office as provided by law.
The Police Department of the town shall be under the control of the Town Council and the Police Committee thereof or the Council as a whole.
Unless the Town Council elects to be the governing body as a whole of the Department, the Mayor shall, each year as soon after the organization of the Council as may be possible, select and designate three members of the Town Council who shall constitute the Police Committee. He shall name one of the members of the Committee as Chairman and a second member as Vice Chairman, who shall be known as the Police Commissioner and Deputy Police Commissioner, respectively. Subject to the direction of the Police Committee and further subject to the ultimate control of the Council, the Police Commissioner shall be in charge and have the supervision and control of the Police Department.
The Council shall establish by resolution and may from time to time amend and repeal by resolution such rules and regulations as it deems necessary for the government and efficient working of the entire Department. When adopted, the rules and regulations shall be posted by the Police Commissioner within five days after their adoption in the room in the Municipal Building assigned to the Police Department and a copy thereof shall be delivered to each and every member of the Department within five days after such adoption, amendment or repeal thereof.
A. 
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 town unless he has first been given a probationary or temporary appointment to such office for a period of not longer than one year and 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-66 et seq.
B. 
No person shall be appointed to the Police Department as a regular or probationary member unless he is at the time of making application between the ages of 18 and 35 years, except as provided by law in the case of veterans. The applicant shall be a citizen of the United States of America.
[Amended 3-26-1985 by Ord. No. 85-4]
C. 
The applicant shall be required to submit to and pass such physical examination and written or oral examination as may be prescribed and administered by Council.
Each member of the Police Department, before entering upon the performance of his duties, shall take and subscribe an oath to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Clerk.
[Added 1- 26-1982 by Ord. No. 82-1]
A. 
Creation of office. The office of the Director of Law and Public Safety is hereby created and a Director shall be appointed and removed at will by the Town Council. The Director of Law and Public Safety shall be chosen on the basis of his thorough knowledge of the principles and practices of modern police and civil defense administration and supervision, knowledge of the principles and practices of modern police science, administration, crime prevention and his ability to command the respect of officers and men and his ability to plan, assign, direct, supervise and evaluate the work of the Police Department. The Director of Law and Public Safety shall also be acquainted with emergency and disaster procedure and be able to administer and coordinate the interaction of the Police Department, the Fire Department, Rescue Squad and other emergency and disaster control units organized and functioning within the Town of Clinton.
B. 
Qualifications. The Director of Law and Public Safety shall be a citizen of the United States and shall have at least 10 years' experience as a member of a police department or force, of which at least five years shall have been in a supervisory capacity. Military police experience may be accepted as part of the ten-year-experience qualification; however, the supervisory qualification shall have been attained in a civil police department or force. In lieu thereof, the Director of Law and Public Safety shall possess at least a bachelor's degree from an accredited program in police sciences and administration in a recognized institution of higher education and such educational requirements shall be supplemented by a minimum of three years' experience as a Director of Law and Public Safety, a Lieutenant or similar position in a municipality of greater size than or similar size and nature as the Town of Clinton, or shall have a minimum of 18 months' experience serving as an assistant to the Police Commissioner in a city of the United States having a population of over 50,000 people or have had a similar experience of equal responsibility and authority in a law enforcement agency of a state or federal government.
C. 
Duties of Director of Law and Public Safety. The Director of Law and Public Safety shall have and exercise the following authorities and perform the following duties:
(1) 
He shall, subject to the provisions of this chapter, generally supervise, manage and direct the overall operations and activities of the Police Department. The Chief of Police and all subordinate officers shall be accountable to him.
(2) 
He shall, in the exercise of the authority vested in him, issue such orders and give such instructions as he may deem necessary or proper from time to time in the administration and management of the Police Department.
(3) 
He shall communicate to the Chief of Police and all subordinate officers all orders and instructions of the Police Committee and Mayor and Town Council.
(4) 
He shall administer all property of the town used by the Police Department and shall attend to the repair and maintenance of all such property and equipment so that the same shall at all times be in proper condition and effective use.
(5) 
He shall, through the chain of command, attend to the enforcement of all appropriate statutes of the state and ordinances of the town and shall cause to be investigated all crimes, violations of state statutes and of town ordinances. It shall be his duty to take cognizance of any and all neglect of duty, disobedience of orders and other offenses on the part of members of the Police Department.
(6) 
He shall devote his energies and plan his activities for the health, welfare, safety and general well-being of the citizens and residents of the town. He shall stimulate in the members of the Police Department a concern for the well-being of all the people and property in the community and an appreciation and respect for the rights and liberties of all persons. He shall constantly require all members of the Police Department to strive for a high degree of excellence in the quality of law enforcement and services rendered by them.
(7) 
In addition to the duties and responsibilities explicitly outlined herein and those incumbent upon his office as the general supervisory officer of the Police Department, he shall have all other duties and authorities as further defined by the Public Safety Committee from time to time.
(8) 
The Director of Law and Public Safety, as a part of his duties, shall have all of the authority of a law enforcement officer of the Town of Clinton and shall, as such, enforce all of the appropriate statutes of New Jersey and the ordinances of the town, including investigation of crimes and other violations and arresting persons, processing violations and appearing before appropriate courts, when required. In connection with these duties, the Director of Law and Public Safety shall be permitted to carry weapons in accordance with the rules and regulations established for law enforcement officers.
D. 
Term and removal of Director of Law and Public Safety.
(1) 
The Director of Law and Public Safety shall be appointed for a period of two years. If he shall be appointed after January 1 of any year, the appointment shall be deemed, for the purpose of calculating the term, to have commenced the January 1 immediately prior to his appointment.
(2) 
The Director of Law and Public Safety may be removed at will by the Council upon a majority vote of the full Council. In the event of removal by Council prior to the expiration of his term, he shall be given three months' written notice of discharge. No notice need be given in the event that the Council elects not to reappoint the Director at the expiration of his term.
[Amended 1-26-1982 by Ord. No. 82-1; 4-22-1986 by Ord. No. 86-4; 3-24-1987 by Ord. No. 87-4; 4-25-1995 by Ord. No. 95-6; 12-27-2023 by Ord. No. 23-26]
A. 
Chief of Police.
(1) 
The Chief of Police shall be the executive head of the Police Department and shall be responsible to the Director of Law and Public Safety or, if there is a vacancy in that position, to the Town Council. The control and discipline of the Police Department of the town and of its members shall be vested in the Chief of Police, and he shall have the power to enforce all applicable rules and regulations and any general and special orders or instructions which he may promulgate from time to time. He shall enforce these rules and regulations, orders or instructions whether promulgated by him, by the Director of Law and Public Safety, by the Police Committee or by the Council and may punish their violation by reprimand. Should the Chief deem the violation to be of a sufficiently flagrant nature, he shall report the same to the Director of Law and Public Safety with his recommendations with reference to the filing of charges. If the position of Director of Law and Public Safety is vacant, then the Chief may file such charges as are appropriate against any member of the Department.
(2) 
The Chief of Police, with the assistance of any other members of the Department detailed for the purpose, shall keep comprehensive records as prescribed in the rules and regulations adopted by the Council and shall report in writing to the Director of Law and Public Safety or, in his absence, the Police Committee on all matters of importance pertaining to the Department and make such recommendations as, in his opinion, will increase the efficiency of the Department.
(3) 
The Chief of Police shall from time to time recommend, to the Director of Law and Public Safety or, in his absence, the Police Committee, the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. Subject to the Director of Law and Public Safety, if one has been appointed, he shall have full charge and control of all apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
B. 
Sergeant of Police.
(1) 
The Council may appoint up to two Sergeants of Police, who shall perform such duties as from time to time are prescribed and set forth in the police rules and regulations as promulgated under § 18-5. The Council shall not permanently appoint any officer to the position of Sergeant of Police until he has served for at least one year as a Probationary Sergeant of Police and until:
(a) 
He has been recommended to the position by the Chief of Police or Director of Law and Public Safety; and
(b) 
His performance has been fully and completely evaluated by the Police Committee, and the Committee has recommended his permanent appointment to the Council. The evaluation may include performance testing, psychological testing, personal interviews and such other techniques as may be appropriate within the discretion of the Police Committee.
(2) 
Probationary Sergeant of Police. The Council may appoint a Probationary Sergeant of Police. He shall be appointed for a term of one year. The Council may reappoint him for an additional term of six months, but in no case shall his term as Probationary Sergeant exceed 18 months.
(3) 
Supervision of Probationary Sergeant of Police. A Probationary Sergeant shall have the duties and responsibilities as prescribed in the police rules and regulations for a Sergeant of Police, but he shall work under the close scrutiny and direction of the Chief of Police or Director of Law and Public Safety.
C. 
Corporal of Police.
(1) 
The Council may appoint one Corporal of Police, who shall perform such duties as from time to time are prescribed and set forth in the police rules and regulations as promulgated under § 18-5. The Council shall not permanently appoint any officer to the position of Corporal of Police until they have served for at least one year as a Probationary Corporal of Police and until:
(a) 
They have been recommended to the position by the Chief of Police or Director of Law and Public Safety; and
(b) 
Their performance has been fully and completely evaluated by the Police Committee, and the Police Committee has recommended their permanent appointment to the Town Council. The evaluation may include performance testing, psychological testing, personal interviews, and such other techniques as may be appropriate within the discretion of the Police Committee.
(2) 
Probationary corporal of police. The Town Council may appoint a Probationary Corporal of Police. They shall be appointed for a term of one year. The Town Council may reappoint them for an additional term of six months, but in no case shall their term as Probationary Corporal exceed 18 months.
(3) 
Supervision of probationary corporal of police. A Probationary Corporal shall have the duties and responsibilities as prescribed in the police rules and regulations for a Corporal of Police, but they shall work under the close scrutiny and direction of the Chief of Police or Director of Law and Public Safety.
[Amended 1-26-1982 by Ord. No. 82-1]
The Police Department shall:
A. 
Preserve the public peace; protect life and property; prevent crime; detect and arrest offenders against the penal laws and ordinances effective within the town; suppress riots, mobs and insurrections; disperse unlawful or dangerous assemblages; preserve order at all elections, public meetings and assemblages; and cooperate with county, state and federal law enforcement agencies.
B. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons and to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations, not inconsistent with the ordinances and resolutions of the town, for such purposes.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the town, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
D. 
Provide proper police attendance and protection at fires within the Town of Clinton.
E. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses.
F. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
A. 
The Council may appoint special policemen for a term not exceeding one year and revoke such appointments without cause or hearing. Special policemen shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. Their powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. Special officers shall not carry revolvers or other weapons at any time except as otherwise directed by the Chief of Police.
B. 
No person shall be appointed a special policeman unless he is a citizen of the United States; is able to read, write and speak the English language; is physically qualified and of good moral character, and shall not have been convicted of any crime. Every such special policeman shall be fingerprinted, and his fingerprints shall be filed with the Division of the State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Council concerning the eligibility and qualifications of any person proposed to be appointed a special policeman.
A. 
Each regular police officer shall hold his office and continue in his employment during good behavior and efficiency, and no person shall be removed from office or employment for any other causes than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter established for the Department or absence from duty without just cause for five days or more.
B. 
Any member of the Department may be suspended, removed, fined or reduced from his office or employment for just cause upon due notice and service of written charges and a hearing, unless waived, in accordance with N.J.S.A. 40A:14-147 et seq. Hearings on charges shall be held before the Mayor and Council, at which time the member shall have the right to be represented by counsel, to present evidence and to cross-examine witnesses.
[Amended 3-24-1987 by Ord. No. 87-4]
A. 
Upon his appointment there shall be furnished to each permanently employed police officer a uniform, badge, club and other necessary equipment at the expense of the town, and the same shall remain the property of the town and be maintained by the officer in a clean and usable condition.
B. 
In addition to salary to be paid to members of the Police Department, the town shall allow each member a clothing allowance to be fixed annually by the Police Committee, the first allowance to be made one year from the date of his appointment.
Each permanently employed member of the Department shall devote his whole time and attention to the services of the Department and is prohibited from being otherwise employed without the express consent of the Mayor and Council. Although certain hours may be allotted for the performance of regular tours of duty, officers are considered to be at all times available for duty and shall act promptly at any time their services are required, except when on authorized leave or in the event of disability.