[Adopted 10-10-1974 by Ord. No. 74-12;
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A Police Department is hereby established in the Borough
of Chesilhurst, in the County of Camden, State of New Jersey.
B.
The officers and members of the Police Department
shall consist of the following to be appointed as set forth below
by the Mayor and Borough Council in the number of positions so designated.
Each position of the superior officers need not be filled continuously,
and the Mayor and Borough Council may decide, at their discretion,
to leave vacant certain offices. The rank, from highest of the members
of the force, is as follows:
C.
The Department members shall receive such salaries
and benefits as may from time to time be provided by ordinance and
collective bargaining agreement between the Borough and the Police
Department.
A.
Every person appointed to the Department shall, as
a prerequisite to becoming a member thereof, and before entering upon
his/her duties as such, take and subscribe to an oath or affirmation
as may be required and prescribed by the laws of the State of New
Jersey.
B.
No person shall be appointed a member of the Department
unless he/she:
(1)
Is a citizen of the United States.
(2)
Is a resident of the State of New Jersey.
(3)
Is sound in body and of good health sufficient to
satisfy the Board of Trustees of the Police Retirement System of New
Jersey, and he/she is eligible to enter the retirement system, and
shall pass such medical and psychiatric examinations as are requested
by the Board of Trustees.
(4)
Is able to read, write, and speak the English language
well and intelligently and shall have a high school diploma or the
equivalent thereof.
(5)
Is of good moral character. No person shall be so
appointed who has been convicted of an indictable offense or who has
been convicted of any crime or offense involving moral turpitude.
(6)
Is no younger than 21 years of age and no older than
35 years of age. The maximum age limit does not apply to special law
enforcement officers.
(7)
Is physically and mentally sound and emotionally stable,
and possesses the necessary ability to understand and obey orders
and to perform the duties required of a member of the Borough of Chesilhurst
Police Department to the satisfaction of the Mayor and Borough Council
of the Borough of Chesilhurst.
(8)
Serves a probationary period as prescribed below.
(9)
Holds a valid New Jersey driver's license.
(10)
Shall meet other qualifications as may be required
by the New Jersey State Civil Service Commission or the statutes and
rules in such cases made and provided.
C.
Each appointee shall serve a probationary period of
12 months and shall be designated as a probationary officer, and shall
not be considered a permanent member of the Police Department during
the term of his/her probation. Upon satisfactory performance of his/her
duty as a probationary officer for a period of 12 months after graduation
from an approved training school, he/she may be appointed to the position
of police officer by the Mayor and Borough Council. No person shall
hereafter be given or accept a permanent appointment as a patrolman
in the Department 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. For purposes of seniority and vacation
privilege, the period of probation shall be included in determining
the length of service. All appointments of probationary officers shall
be made by the Mayor and Borough Council.
D.
In all matters
of appointment, residents of the Borough of Chesilhurst shall be given
preference.
A.
The Chief of Police shall be the executive head of
the Department and shall be responsible to the Mayor and Borough Council
for the conduct, efficiency and routine daily management of the Department.
In the absence of or disability of the Chief of Police, his/her duties
and responsibilities shall be performed by the next senior ranking
superior officer of the Police Department until such time as the Mayor
and Borough Council are able to make a temporary appointment.
B.
He/she shall be held strictly responsible for the
preservation of the public peace in the Borough of Chesilhurst, the
necessary protection of life, and property in connection therewith,
the arrest of violators of the laws of the State of New Jersey and
the ordinances of the Borough of Chesilhurst and the prevention and
detection of crime. He/she shall administer and enforce rules and
regulations and special emergency directives for the disposition and
discipline of the force and its officers and personnel.
C.
He/she shall delegate such of his/her authority as
he/she may deem necessary for the efficient operation of the force
to be exercised under his/her direction and supervision.
D.
He/she shall report at least monthly to the Borough
Council in such form as shall be prescribed by the Council on the
operation of the force during the preceding month, and make such other
reports as may be requested by the Council.
E.
He/she or his/her duly appointed agent shall inspect
the firearms and the equipment of all members of the Department at
least once a month and shall insure that they are kept clean and in
good condition. He/she shall have full charge and control of all the
apparatus and equipment of the Department, and its assignment and
use, and shall be held responsible for its care, cleanliness and safekeeping.
He/she shall recommend to the Mayor and Borough Council from time
to time the purchase of such new equipment as will increase the efficiency
of the Department. He/she shall check all materials and supplies purchased
for the Department to insure that they are of the quality and quantity
desired and check all invoices to be paid out of the Department funds
to insure that the service and goods to be paid for were received
as set forth.
F.
He/she shall prescribe the duties and assignments
of all subordinates and other personnel. He/she shall insure that
the duties assigned to all members of the Police Department are regularly
and properly performed, that all records and reports are kept up to
date.
G.
He/she shall promptly report to the Mayor and Borough
Council the name of any member of the Department, who by reason of
age, disease, accident or other disability does not or cannot promptly
perform fully duty in the Department, together with a detailed statement
setting forth the facts in the case.
H.
He/she or his/her duly appointed agent shall promptly
investigate any absence and or dereliction of duty or improper conduct
or violation of any of the rules and regulations by any member immediately
upon becoming acquainted therewith and shall file a report of such
investigation with the Mayor and Borough Council, together with a
statement as to the disciplinary action to be taken by the Mayor and
Borough Council.
I.
He/she shall establish such general and special orders
for the regulation of the Police Department as he/she deems necessary,
provided that these orders are not inconsistent with the rules and
regulations as adopted by the Mayor and Borough Council.
The Captain of Police, if one is appointed, shall fulfill all
duties and responsibilities designated by state law and other duties
designated by the Chief of Police.
A.
The Lieutenant of Police, if appointed, shall fulfill
all duties and responsibilities designated by state law and other
duties designated by the Chief of Police.
B.
The Lieutenant of Police shall be the direct assistant
to the Chief of Police.
C.
In the absence of or incapacity of the Chief of Police,
the Lieutenant of Police shall perform the duties of the Chief of
Police.
The Detective Sergeant shall have such duties and responsibilities
designated by state law and other duties designated by the Chief of
Police.
The Sergeant of Police shall have such duties and responsibilities
designated by state law and other duties designated by the Chief of
Police.
The Detective shall have such duties and responsibilities designated
by state law and other duties designated by the Chief of Police.
The patrolmen shall have such duties and responsibilities designated
by state law and other duties designated by the Chief of Police.
A.
The special law enforcement officers shall have such
duties and responsibilities designated by state law and other duties
designated by the Chief of Police.
B.
Special law enforcement officers may be appointed,
if the Borough Council deems necessary, for a term not to exceed one
year.
C.
Special law enforcement officers shall be residents
of the Borough of Chesilhurst.
D.
Appointments may be revoked by the Borough Council
for cause after adequate hearing, unless the appointment is for four
months or less, in which event the appointment may be revoked without
cause or hearing.
Except as otherwise provided by law, no permanently employed
member of the Police Department shall be removed from his/her office,
employment or position for political reasons or for any cause other
than incapacity, misconduct, or disobedience of rules and regulations
established for the government of the Police Department and force,
nor shall such member or officer be suspended, removed, fined or reduced
in rank from or in office, employment, or position therein, except
for just cause and then only upon a written complaint setting forth
the charge or charges against such member or officer, pursuant to
applicable statutory and regulatory law.
A.
Any member of the Police Department of the Borough
of Chesilhurst shall be subject to reprimand, fines not to exceed
$100, suspension from duty without pay not to exceed six months, reduction
in rank or dismissal; according to the gravity of the offense by the
Mayor and Borough Council for violating any rule or regulation governing
the Department or for any of the following causes:
(1)
Violation of any criminal law of the United States
or of the State of New Jersey.
(2)
Conducting himself/herself in a manner unbecoming
a police officer and a gentleman.
(3)
Conducting himself/herself in a manner subversive
to good order and discipline of the Police Department.
(4)
Conducting himself/herself in a manner disrespectful
to a superior.
(5)
Refusing to perform any of the duties of his/her office,
or evade the performance of such duties or any of them, whether on
patrol or otherwise, and whether or not in uniform; provided, however,
that this regulation shall apply to special police officers only when
assigned to active duty.
(6)
Contracting any debts or financial obligations without
reasonable expectation of being able to pay or discharge the same
when due.
(7)
Circulating petitions, selling tickets, soliciting
contributions or advertising, holding any political office, or being
a candidate for such office or engaging in any other form of political
activity.
(8)
Drinking, intoxication or being under the influence
of any drugs while on duty and off duty while in full or part uniform.
(9)
Habitual use of indecent, profane, harsh or uncivil
language.
(10)
Unnecessary violence to a prisoner.
(11)
Sleeping on duty, being absent without leave,
absent from post of duty without excuse or not properly patrolling
an assigned area.
(12)
Immorality, indecency or lewdness.
(13)
Gross ignorance of the laws and regulations
of the Department.
(14)
Entering a house of prostitution, gambling house
or room, saloons or sporting houses of any description while on duty
unless in discharge of his/her duty.
(15)
Making known any proposed action or movement
of the Department, or contents of any order, other than to persons
immediately concerned in their execution.
(16)
Publicly commenting on the official action of
a superior officer.
(17)
Failing to report a known violation of law or
of the ordinances of the Borough or accepting a bribe or favor as
a condition either for the performance or nonperformance of his/her
duty.
(18)
Incapacity or incompetency, either mental or
physical, to perform duties of office.
(19)
Falsifying any report or removing any departmental
records without authorization.
(20)
Failing to properly supervise subordinates or
to prefer disciplinary charges or to take other disciplinary action
or failing to properly fulfill the duties of a superior officer.
(21)
Failing to follow departmental procedures for
the handling of evidence, personal effects or other property.
(22)
Failing to report as witness or complainant
in any court proceeding when duly notified or failure to appear in
court in full uniform when specifically required.
(23)
Conducting personal business while on duty.
A.
Every member of the Police Department and special
law enforcement officers shall, under supervision of the Chief of
Police, when on duty wear such uniforms and equipment as shall comply
with standards and specifications prescribed from time to time by
the Mayor and Borough Council, on the basis of the recommendation
of the Police Chief, and shall at all times maintain his/her uniform
in neat, clean and presentable condition.
B.
All members of the Police Department and special law
enforcement officers shall be responsible for all clothes and equipment
furnished by the Borough. Said clothes and equipment shall, at all
times, be the property of the Borough and, upon termination of service,
shall be immediately returned to the Office of the Police Department.
A.
The membership
status (including any and all pertinent rights of seniority, rank,
official title, and tenure of office) of each and every member of
the Police Department shall not be interrupted or impaired by any
amendments to this chapter.
B.
Women meeting
the requirements set forth in this chapter with respect to eligibility
and qualifications shall not be discriminated against in the appointment
to any office or position in the Police Department.
C.
Pronouns
used in this article denoting masculine gender shall also denote feminine
gender, and the singular also includes the plural, and vice versa.
