[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]
A.
Chief of Police.
[Amended 3-24-1987 by Ord.
No. 87-4]
(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.
[Amended 4-22-1986 by Ord.
No. 86-4]
(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:
[Amended 4-25-1995 by Ord.
No. 95-6]
(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.
[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.
