[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:
The Borough Council of the Borough.
[Amended 10-12-2023 by Ord. No. NP2023-16]
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which immediately followed, was repealed 10-12-2023 by Ord.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:
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"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."
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[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:
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.
