[Adopted by Ord. No. 15-78 (Secs. 2-36.1 through 2-36.11 of the 1987 Revised General Ordinances)]
As used in this article, the following terms shall have the meaning indicated:
BOROUGH COUNCIL
The Borough Council of the Borough.
[Amended 10-12-2023 by Ord. No. NP2023-16]
DEPARTMENT
The Police Department of this Borough.[1]
[1]
Editor's Note: The former definition of "Police Committee," which immediately followed, was repealed 10-12-2023 by Ord. No. NP2023-16.
The purpose of this article is to revise all existing ordinances of the Borough pertaining to the establishment, maintenance, regulation and control thereof, and to prescribe new rules and regulations respecting such Department in order that the organization of the Department shall be improved and its operations conducted more efficiently and economically.
The existence of the separate Department of the municipal government of the Borough, designated the "Police Department of the Borough of Red Bank," heretofore established, is hereby continued without interruption, and shall be known as the "Police Department of the Borough of Red Bank," hereinafter referred to as the "Police Department."
[Amended 4-9-2007 by Ord. No. 2007-11; 10-12-2023 by Ord. No. NP2023-16]
A. 
The Department Rules and Regulations under cover to be known as the "Red Bank Police Department Rules and Regulations" heretofore or hereafter adopted by the appropriate authority shall be binding and effective as though incorporated as part of this article.
B. 
The Borough Manager shall be the "appropriate authority" pursuant to N.J.S.A. 40A:14-118.
[Amended 10-12-2023 by Ord. No. NP2023-16]
For the good of the service, in accord with N.J.S.A. 40A:14-118, the right is reserved by the Police Chief as the representative of the Borough to amend or to revoke any of the rules, regulations, or procedures, or add thereto, as the circumstances require, subject to the approval of the Borough Manager.
New members shall take the following oath of office:
"I _____ do solemnly swear that I will support and comply with the Constitution of the United States of America; the Constitution and the laws of the State of New Jersey; the charter, laws and ordinances of the Borough of Red Bank; the rules and regulations of the Red Bank Police Department; and the Law Enforcement Code of Ethics; and that I will faithfully discharge the duties of my office as _____ to the best of my ability."
[Amended by Ord. No. 21-81; Ord. No. 1992-6; Ord. No. 1998-26; Ord. No. 2002-4]
A. 
For the purpose of administration and efficiency, the Police Department will be divided into the following divisions:
(1) 
Patrol Division.
[Amended 4-9-2007 by Ord. No. 2007-11]
(2) 
Criminal Investigation Division.
(3) 
Service Division.
(4) 
Traffic Safety Division.
[Added 4-9-2007 by Ord. No. 2007-11]
B. 
Responsibility of command and membership within the Department.
(1) 
The order of rank and the authorized number in the Police Department will be as follows:
(a) 
Chief of Police: one.
(b) 
Deputy Chief of Police: none.
[Amended 9-22-2008 by Ord. No. 2008-22]
(c) 
Captains: four.
[Amended 9-22-2008 by Ord. No. 2008-22]
(d) 
Lieutenants: five.
(e) 
Sergeants: seven.
[Amended 9-22-2008 by Ord. No. 2008-22]
(f) 
Detectives: (as many as the Chief of Police deems necessary, subject to the approval of the Mayor and Council).
[Amended 9-22-2008 by Ord. No. 2008-22]
(g) 
Patrolmen: (as many as the Mayor and Council deem necessary).
(h) 
Command shall be exercised by virtue of rank, and in cases of equal rank, by length of services in such rank; and where equal, by length of service in the preceding rank.
[Amended 9-22-2008 by Ord. No. 2008-22]
(2) 
During the temporary absence of a commanding officer when no other provision is made by competent authority, the command automatically devolves upon the subordinate present next in rank, or upon the subordinate present with seniority if rank is equal. Within any division or section, however, during the temporary absence of an officer, his authority shall automatically and temporarily devolve upon the subordinate present within the division or section next in rank, or with seniority if rank is equal.
(3) 
Members of the Department who may be placed temporarily in the position of a member of higher rank by proper authority shall exercise the authority and perform the duties of such higher position; and they shall be held responsible in like manner as if regularly appointed to such office. They shall not alter or countermand any order issued by the member whose place they temporarily occupy, except when the expediency of police business demands.
(4) 
Upon all occasions when a body of members of the Department is assembled, the ranking officer shall take command, and he will be held responsible for the official action and conduct of those present and for the good condition of everything entrusted to his charge. He shall be familiar with all that concerns his command and he shall exact from his subordinates efficient performance of duty.
(5) 
When two or more patrolmen are sent upon any special duty and no ranking officer accompanies them, the patrolman senior in point of service will have command.
C. 
Assignment of personnel. Responsibility for the assignment of any police officer to any division or section, and his reassignment, shall be the responsibility of the Police Chief, subject to the approval of the Mayor and Council.
A. 
Authority. The Chief of Police is the chief executive officer of the Department and the final departmental authority in all matters of policy, operations and discipline. He exercises all lawful powers of his office and issues such lawful orders as are necessary to assure the effective performance of the Department.
B. 
Responsibility. Through the Chief of Police, the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. He is responsible for planning, directing, coordinating, controlling and staffing all activities of the Department, for its continued and efficient operation, for the enforcement of rules and regulations within the Department, for the completion and forwarding of such reports as may be required by competent authority, and for the Department's relations with the citizens of the Borough, the Borough government and other agencies.
No person shall be appointed an officer or member of the police force unless he meets the following requirements:
A. 
A citizen of the United States and a resident of New Jersey.
B. 
Between the ages of 18 and 35.
C. 
High school diploma or state equivalency certificate.
D. 
Normal hearing in both ears.
E. 
Vision 20/30 in both eyes, without glasses or contact lenses.
F. 
Ability to distinguish colors.
G. 
Teeth in good condition or satisfactory restoration.
H. 
Body free from all physical defects.
I. 
Must have a valid New Jersey automobile driver's license.
J. 
Must be able to read, write and speak the English language well and intelligently.
K. 
Be of good moral character.
L. 
Never been convicted of a crime.
M. 
If applicant has been in the military service, must have completed his service under honorable conditions.
N. 
Be eligible to membership in the Police Retirement System.
O. 
Pass a physical agility examination, written examination, psychiatric examination and oral interview.
The Police Department shall have an Examining Board which will consist of the Police Committee, Police Physician and Police Chief. They will make arrangements for all examinations, interview all qualified applicants and will recommend to the Mayor and Council the most qualified.
The following promotional procedures will be followed:
A. 
Eligibility for all ranks will be a minimum of five years of service within the Red Bank Police Department at the time of appointment.
B. 
The Chief of Police along with the current Police Committee of the Borough Council shall prepare a list of all persons eligible for each rank.
C. 
The Chief and the Committee shall designate three persons who in their opinion are most qualified for promotion.
D. 
The Chief and the Committee will prepare their own objective evaluation criteria.
E. 
Due consideration shall be given to the officer so proposed for the promotion, to the length and merit of his service and preference shall be given according to seniority in service.