Township of Greenwich, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Greenwich 10-4-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Mutual aid — See Ch. 96.
Officers and employees — See Ch. 103.
Personnel policies — See Ch. 120.
[Amended 9-8-1992 by Ord. No. 13-1992; 6-17-1996 by Ord. No. 20-1996; 3-5-2001 by Ord. No. 5-2001]
A. 
The Police Department created and established in the Township of Greenwich shall consist of a Chief of Police, a Captain, a Lieutenant of the Patrol Division, the Patrol Division, the Investigative Division, a Discovery and Records Coordinator and other civil personnel as needed. The Police Chief and Captain are managerial executives, and responsible for directing the effectiveness of management policies and practices within the Police Department.
[Amended 5-7-2007 by Ord. No. 11-2007; 12-21-2009 by Ord. No. 29-2009; 3-16-2015 by Ord. No. 4-2015]
B. 
The Patrol Division shall consist of a Lieutenant, four Sergeants, and patrolman of varying classes.
[Amended 2-19-2008 by Ord. No. 2-2008]
C. 
The Investigative Division shall consist of a Detective Sergeant and a Detective.
D. 
In addition, Special Law Enforcement Officers may be appointed, in the discretion of the Township Council, in such manner, and be given such assignments, as permitted by law.
[Amended 4-20-1998 by Ord. No. 6-1998]
The line of authority relating to the police function in the Township of Greenwich and for the adoption and promulgation of rules and regulations for the government of the force and the discipline of its members shall be as follows:
A. 
The "appropriate authority" for the police function in the Township of Greenwich, as that term is defined in N.J.S.A. 40A:14-118, shall be the Public Safety Committee, which shall consist of Mayor and a member of Council appointed by the Mayor. The chairman/woman of the Public Safety Committee shall be the Mayor. The Public Safety Committee shall possess and exercise all powers vested by state law in the "appropriate authority" including, but not limited to:
(1) 
The adoption of rules and regulations for the governance of the force and discipline of its members;
(2) 
The establishment of policy pertaining to the police function and force and the making of policy determinations relating to the police force;
(3) 
The exercise of direct responsibility over the Chief of Police as the head of the police force;
(4) 
The receipt of reports, on at least a monthly basis, from the Chief of Police on the operation of the force, in such form as the Public Safety Committee shall prescribe;
(5) 
The conducting of investigations of the performance or the operation of the police force;
(6) 
The examination of the operation of the police force and the performance of any officer or member thereof; and
(7) 
The conducting, hearing, and determination of any disciplinary charges brought against any member or officer of the police force; provided, however, that the Public Safety Committee may, in its sole discretion, designate a hearing officer to conduct any such hearing and make recommended findings of fact and conclusions to the Public Safety Committee, which shall retain full authority to accept, reject or modify said recommendations.
B. 
Notwithstanding the foregoing, the rules and regulations set forth in § 127-9, Subsections B through D, inclusive, shall remain in full force and effect unless repealed by action of the Township Council.
A. 
Recruits shall be subject to a six-month training period after which, if satisfactorily completed, they may become First Class Patrolmen.
B. 
All members of the Police Department shall be appointed and promoted by the Township Council and shall hold office during good behavior and efficiency, except that the first six months of their appointment shall be a probationary period during which time they may be discharged by the Township Council without cause. Applicants for appointment as members of the Police Department of the Township of Greenwich shall complete an application form, undergo a written and physical examination and psychological evaluation and be personally interviewed by a majority of the members of the Township Council. The Chief of Police shall investigate the background of each applicant and report, in writing, to the Township Council the results of said investigation prior to appointment.
[Amended 3-5-2001 by Ord. No. 5-2001]
C. 
No person shall be appointed to membership in the Police Department or continue to hold membership therein who is not a citizen of the United States, who has ever been convicted of any crime, who cannot read and write and speak English understandingly, who has not had a complete high school education, who is not of good moral character, who is not sound in body and in good health or who has been dismissed from any Police or Fire Department.
D. 
No person shall hereafter be given or accept a permanent appointment as a police officer in the Township of Greenwich unless such 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-68 et seq.
E. 
This chapter 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.
F. 
No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a police officer in the Township of Greenwich, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.
Before entering the duties of his office and within 10 days after his appointment, each member of the Department shall take and subscribe to such oath of office and allegiance as shall be prescribed by law.
Each member of the Department shall be allowed an annual vacation in accordance with the following schedule:
A. 
After 50 weeks of service: one week of vacation.
B. 
After two years of service: two weeks of vacation.
C. 
After five years of service: three weeks of vacation.
D. 
After 10 years of service: four weeks of vacation.
E. 
After 20 years of service: five weeks of vacation.
[Amended 3-5-2001 by Ord. No. 5-2001]
The Township Council, upon the recommendation of the Director of Public Safety, may grant a leave of absence with or without pay to any member of the Department who shall become injured, ill, disabled or physically unfit for duty. No such leave of absence with pay shall exceed a period of one year, commencing from the date of such illness, disability or injury, provided that an examining physician appointed by the Township Council shall certify to said injury, illness or disability.
A member of the Department who shall be prevented by sickness or any other cause from reporting to duty shall communicate that fact immediately to his superior officer or cause such notice to be communicated to him.
[Amended 3-5-2001 by Ord. No. 5-2001]
The salaries and compensation[1] of members of the Police Department shall be as set forth from time to time by ordinance or resolution of the Township Council.
[1]
Editor's Note: See Ch. 152, Salaries and Compensation.
[Amended 6-17-1996 by Ord. No. 20-1996; 4-20-1998 by Ord. No. 6-1998]
The following rules and regulations shall control and govern the administration of the Police Department of the Township of Greenwich and all personnel and employees connected therewith, together with such other rules and regulations as may be adopted by the Public Safety Committee. Copies of these rules and regulations shall be given to each member of the Police Department by the Chief of Police or as directed by the Mayor.
A. 
The Chief of Police shall be head of the police force, and shall be directly responsible to the Public Safety Committee, in its capacity as the "appropriate authority," for the efficiency and routine day-to-day operations thereof. Pursuant to policies established by the Public Safety Committee, the Chief shall perform such duties and exercise such powers and responsibilities as are vested in the Chief of Police position by N.J.S.A. 40A:14-118, Subsections a to e.
[Amended 3-5-2001 by Ord. No. 5-2001]
B. 
The Chief of Police shall be responsible for the keeping of a daily log of all activities of the Department, including but not limited to assignments to duty of all members and employees of the Department, arrests, investigations, accidents, crimes, complaints, warrants and all important and pertinent data referable to the duties and activities of the Department.
(1) 
Each officer assigned to duty shall sign the log at the time of commencement of his tour of duty and also upon being relieved.
(2) 
Officers assigned to Township police vehicles shall sign a checkout sheet and include thereon, when taken, and the mileage, gas and oil consumption. Each officer shall give a daily report, in writing, of his tour of duty.
C. 
No officer shall be assigned to duty unless he is in proper uniform as prescribed by the Township Council. He shall, at all times during his tour of duty, remain in uniform, be clean-shaven and be physically fit.
[Amended 3-5-2001 by Ord. No. 5-2001]
(1) 
Officers on patrol in a police car or otherwise assigned to duty therein shall not use said vehicle for any purpose other than for police purposes, as ordered.
(2) 
All motor vehicle accidents occurring within the Township shall be thoroughly investigated and completely reported and logged the day of the happening thereof.
(3) 
All cases, regardless of nature, must be reported in the daily log, and if such cases involve an investigation or other activity, a daily report shall be kept of the progress thereof and the final disposition of same. The foregoing shall include all accidents resulting in bodily injury or property damage, the issuance and service of all warrants or subpoenas and other court process, reports or apprehension of stolen motor vehicles, arrests, detentions, jailings and all associated matters.
D. 
All members of the Police Department shall be subject to suspension, removal, fine, reduction or discharge for a violation of these rules and regulations or for any of the following offenses:
(1) 
Being under the influence of intoxicating liquor and unfit for the proper performance of duty.
(2) 
Entering a place where intoxicating liquor is sold or furnished while on duty or in uniform, for purposes other than the performance of police duties.
(3) 
Willful disobedience of the orders of a superior officer.
(4) 
Using profane, indecent or harsh language while in uniform and in the performance of police duties.
(5) 
Conduct to the prejudice of good order and discipline, including but not limited to disrespect to a superior officer, public comment upon the official action of a superior office or disclosure of departmental business to unauthorized persons and failure to assist a fellow officer in the performance of duties when requested.
(6) 
Abusing a prisoner or other person by violence over and beyond the requirement of duty.
(7) 
Sleeping while on duty.
(8) 
Absence from duty or a post without authority or without being properly relieved.
(9) 
Immoral or indecent conduct.
(10) 
Violation and conviction of any criminal law.
(11) 
Improper performance of duty.
(12) 
Neglect of duty.
(13) 
Conduct unbecoming an officer and a gentleman.
(14) 
Failure to wear or maintain a uniform in conformity with the rules and regulations of the Department.
(15) 
Receipt or acceptance of any money, reward or payment of any kind, directly or indirectly, for any act in the performance of duties, except payment of the regular salary by the Township.
(16) 
Playing any game of cards, billiards, pool or similar game while in uniform and on duty.
(17) 
Failure to promptly turn over to the Chief of Police or the officer in charge all lost, stolen or other property whatsoever coming into his possession during a tour of duty.
(18) 
Violation of any rule of the Department or order of a superior officer.[1]
[1]
Editor's Note: Former § 36-9F, regarding disciplinary proceedings, which previously followed this subsection, was repealed 5-4-1987 by Ord. No. 6-1987. See now § 127-10, Discipline of members of police force.
[Amended 5-4-1987 by Ord. No. 6-1987; 3-19-1990 by Ord. No. 3-1990; 4-20-1998 by Ord. No. 6-1998]
Disciplinary actions against members and officers of the Police Department shall be conducted in accordance with applicable statutory law.
No officer shall leave his post of duty without being properly relieved either by his superior or fellow officer. In matters of police or personal necessity, he must report his action to his superior immediately, either before leaving his post or, if impracticable, immediately upon his return.
Department members shall not conceal themselves on their beat except for police purposes and shall not patrol their beats in any type of public or private conveyance except when so assigned or ordered.
Department members shall render assistance for the protection of persons and property throughout the Township. They shall familiarize themselves with and carefully inspect every section of their beats and by their vigilance and alertness render it difficult for the commission of crimes in said areas.
Department members shall take particular note of all persons and places engaged in businesses or activities requiring licenses or permits and report to their superior all persons or places without such permits or licenses, or report all cases in violation of the provisions of said licenses or permits.
Members of the Department shall furnish information or render aid to all persons on request, consistent with good police practices in the performance of their duty. When in uniform, the badge shall be displayed at all times. A Department member shall give name and badge number in a respectful manner when requested to do so.
Members of the Department shall note and report, without delay, the following conditions:
A. 
All street and sidewalk obstructions.
B. 
All defects of streets or sidewalks that are or may be a hazard to the public.
C. 
All places where excavations or building operations are in progress.
D. 
All street or traffic lights out of repair or not otherwise functioning properly.
E. 
All matters and things, nuisances or other matters affecting the safety and convenience of the public or interests of the Township of Greenwich.
Department members shall be on the alert to prevent fires and the wasting of water. They shall call to the attention of property owners or residents hazardous conditions of sidewalks, such as ice, snow, weeds or other obstructions rendering them dangerous. Where the laws and ordinances in such matters are not obeyed, the member of the Department shall ascertain the names and addresses of the offending parties and report same for complaint and prosecution.
Members of the Department shall familiarize themselves with the laws of the state, the ordinances of the Township and these rules and regulations.
Department members shall deport themselves with courtesy and civility at all times when dealing with the public. Any contrary conduct will not be tolerated.
Department members shall not recommend to anyone the employment of a particular attorney for any cause. In the event of a traffic accident, members, if requested by the owner or driver, may advise the location of a garage or repair shop.
Department members shall not withhold information of a criminal nature or otherwise with a view toward personal gain, reward or any other reason. Members shall require service by legal subpoena to testify in any civil action.
A Department member shall not leave the Township for more than 24 hours without first notifying the Chief of Police of his destination and leaving an available telephone number for calls in an emergency. All changes of address must be given to the Chief of Police and the Director of Public Safety.
Department members shall not enter bail for anyone.
Department members, when investigating a crime or other matter, shall note all pertinent data, preserve all evidence, and report the names and addresses of all witnesses. A report shall be made as soon as possible to a superior officer.
Department vehicles shall be used only on Department business when authorized and directed by a superior officer, either the Chief of Police or the Director of Public Safety.
Members of the Department shall report in detail all accidents in writing and according to the form of reports as prescribed by the Chief of Police or the Director of Public Safety.
[Amended 3-5-2001 by Ord. No. 5-2001]
Department members are subject to call for duty 24 hours a day by the Chief of Police, the Director of Public Safety or the Township Council.
[Amended 3-5-2001 by Ord. No. 5-2001]
Any damage to or accidents with Department or Township vehicles shall be reported immediately to the Chief of Police, and a full report shall be given immediately to the Director of Public Safety or the Township Council.
Members of the Department assigned to special duty, such as weddings, funerals, athletic events, dances, etc., shall conduct themselves as though on regular police duty.
[Amended 3-5-2001 by Ord. No. 5-2001; 5-16-2011 by Ord. No. 11-2011; 12-19-2011 by Ord. No. 24-2011]
A. 
Creation of position. The Township Council, as it deems necessary, shall appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by ordinance of the Township of Greenwich and authorized by N.J.S.A. 40A:14-118.
B. 
Appointments. All appointments shall be governed by N.J.S.A. 40A:14-146.8 et seq. No such appointment shall be made until the Chief of Police, or in the absence of the Chief, the chief law enforcement officer designated by the Chief of Police, shall have certified, in writing, that an applicant for the position of special law enforcement officer is both eligible and qualified to hold the position.
C. 
Classification. Special law enforcement officers shall be classified as belonging to either Class One or Class Two, based upon the duties to be performed by each class, as follows:
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, the law enforcement officer designated by the Chief of Police. Class One officers shall have the power to issue summons for disorderly persons and petty disorderly persons offenses, violations of Township ordinances and violations of N.J.S.A. 39:1-1 et seq. The use of a firearm by a Class One special law enforcement officer shall be strictly prohibited, and no Class One special law enforcement officer shall be assigned any duty which may require the carrying or use of a firearm.
(2) 
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class Two special law enforcement officer may be authorized only after the officer shall have been fully certified as successfully completing training, as prescribed by the Police Training Commission established in the Department of Law and Public Safety.
D. 
Training course. No person shall commence duties as a special law enforcement officer until having successfully completed a training course approved by the Police Training Commission. In addition, no Class Two special law enforcement officer shall be issued a firearm prior to having successfully completed the basic firearms course required by the Police Training Commission of permanent, regularly appointed police and biannual requalification examinations.
E. 
Persons ineligible for appointment. No person shall be eligible to serve as a special law enforcement officer in the Township if that person intends to serve as a special law enforcement officer in another municipality nor shall any permanent, regularly appointed full-time police officer be permitted to simultaneously serve as a special law enforcement officer in the Township. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Township or supervision over the Division of Police shall be appointed as a special law enforcement officer.
F. 
Powers of authority. The Chief of Police, or in the absence of the Chief of Police such other law enforcement officer designated by the Chief, may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers, including but not limited to the carrying of firearms and the power of arrest, subject to the rules and regulations, not inconsistent with the certification requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established pursuant to the ordinances of the Township of Greenwich.
G. 
Appointment; term; revocation. A special law enforcement officer may be appointed for a term not to exceed one year. The powers and duties of a special law enforcement officer shall cease at the expiration of the term to which the special law enforcement officer shall have been appointed. At the expiration of such term, the Council shall have the absolute discretion in determining whether to reappoint. The appointment of a special law enforcement officer may be revoked by the Council without cause or hearing. Special law enforcement officers so appointed shall not be considered members of the police force of the Township of Greenwich.
H. 
Supervision; conduct. A special law enforcement officer shall be under the supervision and direction of the Chief of Police, or his or her designee, and shall perform all duties solely within the Township, unless in fresh pursuit of any person pursuant to N.J.S.A. 2A:156-1 et seq. A special law enforcement officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Township as well as all rules and regulations applicable to the conduct and decorum of special law enforcement officers.
I. 
Understanding. Special law enforcement officers may be employed only to assist the Division of Police but may not be employed to replace or substitute for full-time, regular police officers or in any way diminish the number of full-time officers employed by the Township.
[Added 11-7-2005 by Ord. No. 15-2005]
A. 
Purpose. For the convenience of those person and entities that need the services of off-duty law enforcement officers of the Greenwich Township Police Department and to authorize the outside employment of the Township police officers while off duty, the Township hereby establishes a policy regarding the use of said officers.
(1) 
Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township. Acceptance of such employment shall be solely at the option of the officer. Under no circumstances shall an officer be required, ordered or directed to accept outside employment.
(2) 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted if in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work. At the time the request for services is made, an authorized representative of the contracting unit shall complete the standardized request form and contract. Such form shall require a description of the site and the work that will be performed by the officer(s), and shall contain the terms and conditions set forth in this chapter for the hiring of off-duty Township police.
B. 
Escrow accounts.
(1) 
Any person or entity requesting the services of an off-duty law enforcement officer in the Greenwich Township Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be reviewed by the Chief of Police, and if the estimate is approved in writing by the Chief, an escrow account with the Township Chief Financial Officer shall establish by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D for the total estimated hours of service.
(2) 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Township Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.
(3) 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
(4) 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
C. 
Requests for services. All requests to the Township for the services of off-duty law enforcement officers in the Township of Greenwich Police Department for a period exceeding a minimum of five calendar days or 80 man hours shall be forwarded to the Chief of Police before such services are required. Any law enforcement officers, when so employed by the outside employer, shall be subject to the rules and regulations of the Greenwich Township Police Department, and shall receive compensation for such outside employment in accordance with the Township's regular payroll policies and procedures, subject to Subsection D, below; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime. It is the intention and expectation of the Township Council that this chapter shall be interpreted and applied in accordance with the provisions of Section 7(p)(1) of the Fair Labor Standards Act, 29 U.S.C. § 207(p)(1), and 29 CFR 553.227.
D. 
Rates of compensation; administrative fee; payment for services.
(1) 
Rates of compensation for contracting the services of off-duty law enforcement officers are established as follows:
(a) 
Rate of compensation per hour: $65.
[Amended 4-21-2008 by Ord. No. 7-2008; 11-17-2014 by Ord. No. 16-2014]
(b) 
An additional fee of 20% of the total cost of compensation (hourly rate times estimated number of hours) is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Township of Greenwich.
(c) 
Charge for use of police car: $80 per day.
(2) 
Payment to officer.
(a) 
Once a special duty/off-duty assignment is completed, the Chief of Police or his designee shall advise the Finance Department/Payroll Clerk, in writing, to pay the officer(s). The payment report shall contain the name of the officer(s), date(s) of service, time and place of site/job, hours worked and rate of pay.
(b) 
The Finance Department/Payroll Clerk must confirm that sufficient funds are on deposit in the appropriate escrow account before issuing the paycheck requested by the payment report. The lack of sufficient funds shall in no way relieve the outside employer of its obligation to tender payment to the subject officers. Nothing herein shall in any way waive or limit the Township and/or the subject officers in their rights or remedies, in law or equity, with respect to obtaining payment for the subject officer for services rendered to an outside employer.
(c) 
The Finance Department shall provide the Chief of Police or his designee monthly reports identifying contractors and indicating the status of their extra duty/off-duty accounts.
(d) 
In addition to any remedies that may exist in law or equity, any outside employer who violates the requirements of this section will be debarred from hiring off-duty Township officers for a period of at least one year from the date of violation.
(e) 
Nothing herein shall waive or limit the right of the Township to seek remedy, indemnification or contribution, in law or equity, from an outside employer in the case of any claim, action or right asserted against the Township and/or the subject officer as a result of any extra duty/off-duty assignment.
E. 
Exemption for governmental entities.
[Added 11-20-2006 by Ord. No. 22-2006]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
GOVERNMENTAL ENTITY
The state, and any county, municipality, school district, public authority, public agency, and any other political subdivision or public body in the state.
(2) 
In the event a governmental entity seeks to utilize Greenwich Township police officers for extra-duty services, a contract with such entity may be authorized by the adoption of a resolution of the Greenwich Township Council, which contract shall contain adequate financial and budgeting provisions to eliminate the need for escrow provisions established under Subsection B of this section. In addition, the other provisions of this § 127-31 may be relaxed by the Chief of Police and the Township Administrator but only to the extent deemed necessary to accommodate the needs of the governmental entity while retaining substantial compliance with the procedural and administrative provisions of this § 127-31 of the Greenwich Township Code.
(3) 
Upon adoption of the resolution authorized herein, the governmental entity is relieved of strict compliance with the provisions of this § 127-31 and shall be exempt from the provisions of § 127-31B regarding escrow requirements with such matters to be appropriately addressed in the contract authorized by the resolution. The Greenwich Township Council retains its absolute discretion in determining whether to authorize such a contract by adoption of the resolution authorized herein.
[Added 3-16-2015 by Ord. No. 4-2015]
The Discovery and Records Coordinator shall have direct control of the records of the Police Department and is responsible to the Chief of Police for the order and completeness of the reports and records. The Discovery and Records Coordinator shall be responsible for the Gloucester County Prosecutor's Office mandatory info-share program. The Discovery and Records Coordinator shall coordinate the Discovery Program for Gloucester County Superior Court and Greenwich Township Municipal Court.