[HISTORY: Adopted by the City Council of
the City of Salem 5-17-1993 by Ord. No. 93-11. Amendments noted where
applicable.]
[Amended 10-16-1995 by Ord. No. 95-15]
There is hereby established a Police Department
in and for the City of Salem. The governing body shall provide for
such employees as shall be deemed necessary for the efficient operation
of the Department.
[Amended 10-16-1995 by Ord. No. 95-15; 7-17-2000 by Ord. No.
00-14]
The Council shall annually appoint a committee
of members of the governing body of such number as it shall designate
to oversee the Police Department. The Council shall appoint a Chairman
of the committee. The committee shall act as the coordinator between
the Council, the Mayor and the Department in relation to all public
safety issues and matters. The members of the committee shall fully
familiarize themselves with the duties, operations, personnel and
equipment of the Police Department. The committee shall endeavor to
propose necessary legislation (ordinances, resolutions, etc.) for
the operation of the Department and to review and comment upon proposed
legislation relating to public safety issues. Any disciplinary hearing
pertaining to any member, employee or personnel of the Department
shall be held before the Mayor and the committee, and upon conclusion
of the hearing, the members of the committee present at the hearing
shall make their recommendations to the Mayor who, as the appropriate
authority pursuant to N.J.S.A. 40A:14-118, the proper authority pursuant
to N.J.S.A. 40A:14-147 and the appointing authority pursuant to N.J.S.A.
11A:2-13, shall be the final decision maker with respect to the disposition
of the hearing.
A.
The Police Department shall consist of the following
members, employees and personnel in order of rank:
(1)
A Chief of Police.
(2)
A Lieutenant, who may be designated as an Operations
Officer.
(3)
Not more than five Sergeants.
(4)
Regular patrolmen, whose number may be determined
by the Council from time to time by resolution;
(5)
Not more than three Class One special law enforcement
officers and not more than three Class Two special law enforcement
officers subject to the limitations of N.J.S.A. 40A: 14-146.17 and
or other applicable law.
(6)
Such other personnel as the Council shall determine
are necessary for the effective government of the force.
B.
The Mayor shall appoint all members, employees and
personnel of the Police Department, subject to the provisions of Title
40A and Title 11 of the Revised Statutes of the State of New Jersey,
other applicable law and further subject to the advice and consent
of the Council in relation to the appointment of the Chief of Police,
Captains, Lieutenants and Sergeants and communications officers.
[Amended 2-5-1996 by Ord. No. 96-3]
C.
Each member of the Police Department shall, before
entering upon the performance of his or her duties, take and subscribe
to 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 City Clerk within 10 days
after appointment.
D.
The compensation of members, employees and personnel
of the Police Department shall be fixed by the Council by ordinance
each year.
E.
The Chief of Police shall, with the prior advice and
consent of the Mayor, appoint qualified officers of the Department
to the positions of Detective and K-9 Officer, and such officers shall
serve in such capacity until such appointment is terminated by the
Chief of Police with the prior advice and consent of the Mayor.
[Added 7-17-2000 by Ord. No. 00-14]
The Chief of Police shall head the Department
under the Mayor and pursuant to N.J.S.A. 40A:14-118 shall be directly
responsible to the Mayor as the appropriate authority for the efficiency
and routine day-to-day operations thereof and shall, pursuant to policies
established by the appropriate authority:
A.
Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the Police
Department and its officers and personnel.
B.
Have, exercise and discharge the functions, powers
and duties of the force.
C.
Prescribe the duties and assignments of all subordinates
and other personnel.
D.
Delegate such of his authority as he may deem necessary
for the efficient operation of the Police Department to be exercised
under his direction and supervision.
E.
Report at least monthly to the Mayor as the appropriate
authority in such form as shall be prescribed by such authority on
the operation of the force during the preceding month and make such
other reports as may be requested by such authority. A copy of any
and all such reports shall be provided to the Chairman of the committee.[1]
The Police Department shall:
A.
Preserve the public peace; prevent crime, detect and
arrest offenders against the penal laws and ordinances effective within
the city; suppress riots, mobs and insurrections; disperse unlawful
or dangerous assemblages; and preserve order at all elections and
public, meetings and assemblages.
B.
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of streets by vehicles or persons and recommend
rules and regulations not inconsistent with the charter, ordinance
and general law for such purpose.
C.
Remove all nuisances in the public streets, parks
and other public places and inspect and observe all places of public
amusement or assemblage and all places of business requiring any state
or municipal license or permit.
D.
Provide proper police attendance and protection at
fires and other emergencies.
E.
Enforce the laws and ordinances in effect within the
city and prevent the violation of them by any person and apprehend
and arrest all persons legally charged with the violation of any law
or ordinance.
F.
Provide for the attendance of its police officers
or civilian employees in court as necessary for the prosecution and
trial of persons charged with crimes and other violations of the laws
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
G.
Operate a training program to maintain and improve
the police efficiency.
A.
The Mayor and Council hereby ratify, confirm and/or
adopt by reference a manual entitled "Salem Police Department Rules
and Regulations," dated December 15, 1975, which shall constitute
the rules and regulations for the government of the force and for
the discipline of its members.
B.
In accordance with N.J.S.A. 40A:14-118, the right
is reserved to the Mayor as the appropriate authority to amend or
to revoke any of these rules and regulations or add thereto, as the
circumstances require.
C.
All rules, regulations, procedures and orders previously
issued, contrary to those embodied in the manual, are hereby revoked.
All other rules, regulations, orders and procedures not in conflict
with those contained in this manual shall remain in force.
D.
Each member of the Police Department and civilian
employees will be issued a copy of said manual and will be responsible
for its maintenance and care. All manuals shall be kept current, and
supplementary pages concerning additions, revisions or amendments
shall be promptly and properly inserted. A copy shall be distributed
to the following:
E.
Each police officer and civilian employee is duty
bound to thoroughly familiarize themselves with the provisions of
the manual. Failure to comply shall be considered neglect of duty.
F.
In the event that neglect of duty is charged against
a member for failure to observe the rules and regulations, department
procedures or orders, ignorance of any provision of the manual or
any department procedure or order will not be accepted as an excuse.
The Mayor may appoint, for terms not to exceed
one year, such special law enforcement officers as the Mayor deems
are necessary for the preservation of public order in the City of
Salem, subject to the qualifications, regulations and provisions relating
to such officers as mandated by the Special Law Enforcement Officers
Act, N.J.S.A. 40A:14-146.8 et seq., and other applicable law. Special
law enforcement officers shall possess and exercise all powers and
duties provided by said statutes during their term in office but shall
not be continued as regular members and shall not be entitled to tenure.
The Chief of Police may authorize special law enforcement officers
when on duty to exercise the same powers and authority as regular
members of the Police Department, including the carrying of firearms
and power of arrest. Special law enforcement officers shall, pursuant
to N.J.S.A. 40A:14-146.18, be bona fide residents of the City of Salem
at all times during their appointment; however, the Council may, for
good cause shown, waive the residency requirement. Class One special
law enforcement officers shall, pursuant to N.J.S.A. 40A:14-146.11,
have the power to issue summonses for disorderly persons and petty
disorderly persons offenses, violations of municipal ordinances and
violations of Title 39 of the Revised Statutes of the State of New
Jersey.
[Added 6-15-2015 by Ord. No. 15-03]
A.
The position of Police Chaplain for the Police Department is hereby
created in accordance with N.J.S.A. 40A:14-141. The position will
be a volunteer position. The position of Chaplain shall be under the
control of the Chief of Police or his liaison officer.
B.
Any person appointed as Chaplain shall be an ordained clergyman in
good standing in the religious body from which he/she is selected.
The Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the rules and regulations
of the Police Department.
C.
The duties of Police Chaplain shall include but not be limited to
assisting the Police Department in death notifications, station house
adjustments and any other duties that may be assigned by the Chief
of Police or his liaison.
D.
Any person appointed as Chaplain shall serve in that capacity without
rank or salary, the same being a volunteer position only.
E.
A person appointed as Chaplain shall serve during the term of one
year and shall continue to serve until he/she is either replaced or
reappointed.
F.
The Chief of Police may recommend to the Mayor persons that the Chief
believes meet the qualifications of N.J.S.A. 40A:14-141 as well as
the rules and regulations of the Police Department with reference
to Chaplains, if any. All applicants for the position of Chaplain
shall be reviewed by the Chief of Police, Senior Police Chaplain and
Chaplain liaison to determine his/her qualifications in accordance
with this section and shall make recommendations to the Mayor regarding
the appointment as Chaplain. The Mayor shall appoint Chaplains in
accordance with this section with the advice and consent of members
of the Council.
