[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Greenwich 10-4-1976. Amendments
noted where applicable.]
[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.
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:
[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.
[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.
[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)
GOVERNMENTAL ENTITY
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
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.
