[Adopted 6-4-1973]
A.
The Police Department of the Borough of Dunellen is
hereby established and shall consist of the following:
(1)
A Chief of Police.
(2)
Such number of Captains as may be deemed necessary,
from time to time, by the Borough Council.
(3)
Such number of Lieutenants as may be deemed necessary,
from time to time, by the Borough Council.
(4)
Such number of Sergeants as may be deemed necessary,
from time to time, by the Borough Council.
(5)
Such number of patrolmen as may be deemed necessary,
from time to time, by the Borough Council.
(6)
Such number of special patrolmen as may be deemed
necessary, from time to time, by the Borough Council.
B.
Chief of Police; rules and regulations.
[Added 9-16-1996 by Ord. No. 096.13]
(1)
There shall be a Department of Police, the head of
which shall be the Chief of Police. The Chief of Police shall be appointed
by the Mayor and confirmed by the Council and, prior to his/her appointment,
shall be qualified through training and experience in police administration.
Subordinate officers and patrol officers shall be appointed by the
Police Committee and confirmed by the Council.
(2)
The Council shall adopt, and may supplement and amend
by resolution, Rules and Regulations for the Government of the Department
of Police established hereby as recommended by the appropriate authority.
The duties of the officers, members and other
employees of the Police Department shall be those prescribed by the
laws of the state, the ordinances of the Borough of Dunellen and such
rules and regulations as may, from time to time, be prescribed and
established by the Mayor and Council of the Borough of Dunellen.
[Amended 9-16-1996 by Ord. No. 096.13]
A.
Appointment. No person shall be appointed to the Department
of Police who is not qualified as provided by the laws of the State
of New Jersey. Applicants seeking appointment to the Department of
Police shall successfully complete a physical and psychological examination
which shall be conducted in accordance with all applicable laws and
administrative regulations of the State of New Jersey.
[Amended 7-1-2002 by Ord. No. 02.07]
B.
The Police Committee and confirmed by the Council
may appoint from time to time special law enforcement officers in
accordance with New Jersey statutes for terms not exceeding one year.
Such appointees shall possess and exercise all the powers and duties
provided by said statutes during their term in office, but shall not
be continued as regular members of the Department of Police. 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 Department of Police including the carrying of firearms and
the power of arrest. The Chief of Police may authorize special law
enforcement officers, when on duty, to exercise the same powers and
authority as regular officers of the Department of Police including
the carrying of firearms and the power of arrest, except as specifically
set forth in N.J.S.A. 40A:14-146.14 and 40A:14-146.15.
No appointment shall be made except after competitive
examination and with special reference to the fitness of the person
so appointed. Before any appointment shall be made, those desiring
to be appointed shall be required to submit themselves to such examination
as may be demanded by the Mayor and Council of the Borough of Dunellen.
The headquarters of the Police Department is
hereby established in the police station situated at 355 North Avenue
in the Borough of Dunellen, which shall be open for the transaction
of business at all hours of the day or night, including Sundays.
[Amended 9-16-1996 by Ord. No. 096.13]
The Chief of Police shall be the head of the
Department of Police and shall be directly responsible to the Police
Committee for the Department's efficiency and day-to-day operations.
The Chief of Police shall:
A.
Develop, administer, recommend to the Police Committee,
and enforce Rules and Regulations for the Government of the Department
of Police, and issue directives for the disposition and discipline
of the Department personnel;
B.
Exercise and discharge the powers and duties of the
Department.
C.
Prescribe the duties and assignments of all subordinates
and other personnel.
D.
Delegate such authority as may be necessary for the
efficient operation of the Department, the exercise of which will
be under his direction and supervision.
E.
Report at least monthly to the Police Committee regarding
the operation of the Department during the preceding month and make
such other reports as may be requested by the Police Committee and
the Mayor and Council.
A.
The Chief of Police shall be the executive head of
the Police Department and shall be responsible for the conduct, efficiency
and management of the Department, who is subject at all times to the
rules, regulations, instructions and orders of the Police Committee
and approved by the Borough Council. All orders and instructions to
members of the Police Department shall be made through the Chief or,
in his absence, through the ranking acting officer.
B.
Appropriate authority. Pursuant to N.J.S.A. 40A:14-118,
the Police Committee is hereby designated as the appropriate authority.
The Police Committee shall have full charge of all matters pertaining
to personnel administration, including serving as the hearing officer
and/or appointing an independent hearing officer to hear disciplinary
charges filed pursuant to N.J.S.A. 40A:14-147.
[Added 9-16-1996 by Ord. No. 096.13]
Each and every member of the Police Department
shall devote his whole time and attention to the business of the Department,
and he is expressly prohibited from following any other calling or
from being employed in any other business. Although certain hours
are allotted to the respective members for the performance of duty
on ordinary occasions, yet, at all times, they must be prepared to
act immediately upon notice that their services are required.
An unexplained absence for five days of any
member of the Police Department shall be deemed and held to be a resignation
by such member and shall be accepted as such.
All members of the Police Department shall at
all times be subject and obligated to comply with all orders of the
Chief of Police or, in his absence, the ranking acting officer, and
shall be subject and obligated to comply with all rules and regulations
issued or prescribed by the Police Committee and approved by the Borough
Council.
A.
Any member of the Police Department may be expelled
by a majority vote of the Council against whom any of the following
charges are substantiated, namely:
(1)
Intoxication while on duty.
(2)
Willful disobedience of an order.
(3)
Indecent, profane or harsh language.
(4)
Disrespect to a superior officer.
(5)
Unnecessary violence to a prisoner.
(6)
Absence without leave, sleeping on duty, absence from
post of duty without excuse or not properly patrolling his beat.
(7)
Immorality, indecency or lewdness.
(8)
Incapacity, either mental or physical, lack of energy
or gross ignorance of the laws and regulations of the Department.
(9)
Visiting, except on police business, any gambling
house, poolroom or house of ill fame, or visiting while in uniform
or on duty, except on police business, any saloon or liquor store.
(10)
Violation of any criminal law.
(11)
Making known any proposed action or movement
of the force or contents of any order other than to persons immediately
concerned in their execution.
(12)
Conduct unbecoming an officer.
[Amended 5-5-2003 by Ord.
No. 03.20]
(13)
Conduct subversive of good order and the discipline
of the force.
(14)
Publicly commenting on the official action of
a superior officer.
(15)
Failure to report a known violation of the law
or of the ordinances of the Borough of Dunellen, or accepting a bribe
or favor as a consideration either for the performance of or for the
nonperformance of his duty.
(16)
Failure to attend drill, Court or the school
of instruction at the time affixed or whenever subpoenaed or ordered.
(17)
Swearing falsely in an application for appointment to the force or to such other papers as required of him in an affidavit, as provided for in § 54-21 of this article.
(18)
Soliciting anyone to intercede with the Chief,
the Council or any superior officer in relation to promotions, changing
of any beats, the disposition of pending charges of any findings of
a trial before the Council, or for refusing to do duty or for evading
duty of any kind whenever necessity requires, whether on patrol or
elsewhere, and whether in uniform or not.
B.
When any member of the Police Department is suspended
from office and is afterwards reinstated, he shall not receive any
pay for the period of such suspension, unless otherwise ordered by
the Council.
C.
Suspension and removal of officers and employees.
No permanent member or officer of the Department of Police shall be
removed from his office, employment or position for any cause other
than incapacity, misconduct, or disobedience of the rules and regulations
established for the governance of the Department of Police nor shall
such member or officer be suspended, reduced in rank, removed or fired
from or in office, employment or position except for just cause as
hereinbefore provided and then only upon a written complaint setting
forth the charge or charges against such member or officers. Said
complaint shall be filed with the Chief of Police, or with the Police
Committee in the event that the charge is against the Chief of Police,
and a copy shall be served upon the member or officer so charged with
notice of designated hearing date thereon which shall not be less
than 10 or more than 30 days from the date of the service of the complaint.
If either party requests an adjournment, the statutory time period
for holding a hearing is hereby waived. The charged party shall notify
the Chief of Police, or his designee, in writing if the charged requests
a public hearing on the disciplinary matter. In all disciplinary matters,
the Police Committee shall serve as hearing officer and shall have
the power and authority to dispose of the charges against the accused.
[Added 9-16-1996 by Ord. No. 096.13]
[Amended 9-16-1996 by Ord. No. 096.13]
A.
The Police Committee, as hearing officer, shall have
the power to subpoena witnesses and shall have the benefit of the
advice of the Borough Attorney at the hearing. The Police Committee
may appoint special counsel to prosecute charges and present evidence
on behalf of the Borough. All parties shall attend a hearing unless
excused by the Police Committee. Every party to a hearing shall be
entitled to:
(1)
Present his case and be represented by legal counsel.
(2)
Request a subpoena of witnesses to testify or produce
pertinent documentary evidence.
(3)
Cross examine witnesses or participants at a hearing
and any other persons who may have investigated any matter involved
in the hearing.
(4)
Impeach any witness and present any affidavit, exhibits
or other evidence at said hearing, but which shall not be binding.
B.
The New Jersey Rules of Evidence shall apply as a
general guideline for the orderly presentation of evidence at said
hearing but shall not be binding.
C.
The hearing officer shall render a written decision
as soon as possible after the conclusion of the hearing and without
undue delay shall provide for a true copy of the decision to be served
upon each party to the hearing.
The Council shall make such rules and regulations
concerning the conduct and duties of the officers and men, the kind
of uniforms and insignias to be worn by them and such other matters
as may be necessary for the proper regulation of the Police Department.
When the same have been adopted by the said Council, they shall be
known as the "Rules and Regulations for the Government of the Police
Department of the Borough of Dunellen, New Jersey" and shall be binding
upon each member and employee of the Department.[1]
[1]
Editor's Note: The Rules and Regulations for
the Government of the Police Department are on file at Borough offices.
Each member of the Police Department shall be
presented with a printed copy of the Rules and Regulations of the
Police Department. Such rules shall show what his duty shall be on
all occasions, and also what particular provisions of any ordinance
or ordinances it is his duty to see enforced, upon his being apprised
of the violation of the provisions of any of the ordinances of the
Borough of Dunellen. Any neglect by any member of the Police Department
to carry out each and every rule and regulation or order, as aforesaid,
shall be held to be sufficient cause for his dismissal from the Department.
