[Amended 12-21-1993 by Ord. No. 1993-11]
There shall be a Police Department in and for the Township of
Willingboro and which shall be composed of such officers, full-time
police officers and special law enforcement officers as may be appointed
by the Township Manager. The Township Manager shall be the appropriate
authority as provided in N.J.S.A. 40A:14-118 et seq.
[Amended 5-26-2009 by Ord. No. 2009-20]
The Director of Public Safety shall be the head of the Police
Department and shall be responsible for the organizational and administrative
control of the Police Department.
A.
Appointment. The Director of Public Safety shall be appointed by
the Township Manager for a term to be fixed by the Township Manager
and to be set forth in an employment agreement between the Township
and the Director of Public Safety. The Director of Public Safety may
be reappointed for additional terms in a similar manner. The Township
Manager may terminate the appointment, with or without cause, by giving
the Director of Public Safety 90 days' written notice.
B.
Qualifications. The Director of Public Safety shall be a citizen
of the United States, shall be qualified by education, training and
experience, including at least five years' supervisory or management
law enforcement experience, and shall meet such other qualifications
as may be established by the Township Manager.
C.
Residency. The Director of Public Safety shall not be required to
be a resident of the municipality during the first term of appointment,
but shall be required to be a resident of the municipality upon any
reappointment and to maintain residency thereafter.
D.
Powers and duties. The Director of Public Safety shall, pursuant
to policies established by the Township Manager:
(1)
Be the executive head of the Police Department, subject to the direction
and supervision of the Manager, and shall be responsible to the Township
Manager for the efficiency and routine day-to-day operations of the
Department and the supervision of its activities, including the performance
of all functions assigned to the Director of Public Safety under any
collective bargaining agreements applicable to employees within the
Police Department;
(2)
Be responsible for the observation and enforcement of all laws of
the state and ordinances within the jurisdiction of the Police Department
and shall perform such other duties as shall be prescribed by ordinance
or by directive of the Township Manager;
(3)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the Police Department
and its officers and personnel;
(4)
Have, exercise and discharge all of the administrative functions,
powers and duties of the police force;
(5)
Prescribe the duties and assignments of all subordinates and other
personnel;
(6)
Delegate any authority that the Director of Public Safety may deem
necessary for the efficient operation of the force, to be exercised
under the direction and supervision of the Director of Public Safety;
(7)
See that all persons connected with the Department are properly instructed
in their duties and shall give particular attention to the training
and instruction of new members thereof;
(8)
Have control of all records and property of the Police Department
and designate any member of the Department to prepare reports and
keep the records in the manner that the Director of Public Safety
may prescribe, as well as to take charge of any property coming into
the custody of the Department;
(9)
Furnish to the Township Manager, in such form as shall be prescribed
by the Township Manager, complete monthly and yearly reports on the
operation of the Police Department and make such other reports as
may be requested by the Township Manager.
The Township Manager may, but shall not be required to, appoint
a Deputy Director of Public Safety, who shall perform all of the duties
of the Director of Public Safety in the absence of the Director of
Public Safety and shall perform such other duties as may be assigned
by the Director of Public Safety or the Township Manager.
A.
Qualifications. The Deputy Director of Public Safety shall be a citizen
of the United States, shall be qualified by education, training and
experience, including at least three years' supervisory or management
law enforcement experience, and shall meet such other qualifications
as may be established by the Township Manager.
B.
Residency. The Deputy Director of Public Safety shall not be required
to be a resident of the municipality during the first term of appointment,
but shall be required to be a resident of the municipality upon any
reappointment and to maintain residency thereafter.
Except as provided herein, the Township Council and individual
Council members shall act in all matters relating to the police function
in the municipality as a body, or through the Township Manager.
Nothing herein contained shall prevent the appointment by the
Township Council of committees or commissions to conduct investigations
of the operation of the Police Department, and the delegation to those
committees or commissions of those powers of inquiry as the Township
Council deems necessary or to conduct any hearing or investigation
authorized by law. Nothing herein contained shall prevent the Township
Manager from examining at any time the operations of the Police Department
or the performance of any officer or member thereof. In addition,
nothing herein contained shall infringe on or limit the power or duty
of the Township Council or the Township Manager to act to provide
for the health, safety or welfare of the municipality in an emergency
situation through special emergency directive.
A.
Each applicant
for a position as an officer or member of the Police Department of
the Township of Willingboro shall:
(1)
Meet basic requirements for a position as an officer or member of
the Police Department of the Township as set forth in N.J.S.A. 40A:14-122
and in other general statutes and applicable special legislation and
pursuant to the rules and regulations of the State Department of Personnel
with respect to the position and meet the additional qualifications
hereinafter set forth in this subsection.
(2)
Be more than 18 and less than 30 years of age.
(3)
Be sound in body and of good health sufficient to satisfy the State
Board of Trustees of the Police and Firemen's Retirement System that
such person is eligible for membership in the retirement system.
(4)
Be able to read, write and speak the English language well and intelligently.
(5)
Be of good moral character and must not have been convicted of any
crime involving moral turpitude.
(6)
Satisfactorily serve a probationary period and successfully complete
a police training course as provided by law.
B.
All applicants for the position of police officer, who have qualified
under Department of Personnel rules, shall make written application
to the Director of Public Safety and at the same time submit such
proof as shall be requested with respect to the above qualifications.
Each full-time police officer appointed to the Police Department
of the Township of Willingboro may pursue other employment outside
of the duty hours as prescribed by the Manager and subject to the
approval of the Manager.
The rights, privileges, powers and duties of the members of
the Police Department, including temporary officers and special law
enforcement officers, shall be those prescribed by the laws of the
state governing municipal police departments generally, by the Charter
and ordinances and resolutions of the Township of Willingboro and
such rules and regulations which may from time to time be established
by the Director of Public Safety with the approval of the Township
Manager. The Police Department members shall:
A.
Preserve the public peace, protect life and liberty, prevent crimes,
detect and arrest offenders against the penal laws and ordinances
effective within the Township, 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 the streets by vehicles and persons to protect the safety
and facilitate the convenience of motorists and pedestrians and make
and enforce rules and regulations not inconsistent with the ordinances
of the Township for such purposes.
C.
Remove or cause to be removed all nuisances in the public streets,
parks, and other public places of the Township, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and report thereon
to the appropriate department.
D.
Respond to all fire alarms and assist the Fire Company in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of Chapter 170, Article I, Fire Prevention Code. The Chief of the Fire Company may request the Township Manager and/or the officer in charge at the time of any emergency to provide the assistance of the police reserves in emergencies.
E.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
F.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
G.
Subject to the approval of the Township Manager, make, administer,
and enforce rules and regulations for the disposition, conduct and
discipline of the Department.
Each member of the Police Department shall devote his or her whole time and services thereto, except as provided in § 3-62. Although certain hours will be allotted for the performance of regular tours of duty, officers are considered at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
No member of the Police Department shall be promoted to or hold
any superior rank within the Police Department until the officer has
served at least three years in the Police Department.
Upon appointment, there shall be furnished to each police officer
a uniform, badge, club and other necessary equipment, at the expense
of the Township, which shall remain the property of the Township and
which shall be maintained by the officer in a clean and usable condition.
In addition thereto, an inventory of the uniforms and equipment shall
be taken by the Director of Public Safety at the end of each calendar
year to determine the need for replacement or new equipment. If uniforms
or equipment may be needed or replaced, the Director of Public Safety
shall make a recommendation to the Manager, and the Manager shall
authorize the purchase or replacement of uniforms and equipment as
the Manager deems necessary and proper.
The Director of Public Safety shall have the power to relieve
from duty any member of the Police Department for the violation of
any provision of this article or any rule governing the Police Department
until such time as complaint and charge against such member shall
have been disposed of by formal hearing.
The Township Manager may, as provided in N.J.S.A. 40A:14-146.8
et seq., appoint special law enforcement officers for a term not exceeding
one year and revoke those appointments without cause or hearing.
A.
Creation of position. In accordance with the provisions of N.J.S.A.
40A:14-146.8 et seq., there is hereby created the position of special
law enforcement officers for the Township of Willingboro. Each special
law enforcement officer appointed shall be subject to the requirements
of this section and the additional requirements set forth in N.J.S.A.
40A:14-146.8 et seq.
B.
Classification and powers. The classifications of the special law
enforcement officers shall be based upon the duties to be performed
by those officers and are established as follows:
(1)
Class One. Officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned
by the Director of Public Safety or, in the absence of the Director
of Public Safety, another law enforcement officer in a supervisory
capacity designated by the Director of Public Safety to act in his
stead. The Class One officers are also authorized to issue summonses
for disorderly persons and petty disorderly persons offenses, violations
of municipal ordinances and violations of N.J.S.A. 39:1-1 et seq.
The use of firearms by the Class One officers is strictly prohibited,
and no Class One officer shall be assigned any duties which may require
the carrying or use of a firearm.
(2)
Class Two. Officers of this class are herewith authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. They shall be assigned such powers
and duties by the Director of Public Safety or, in the absence of
the Director of Public Safety, another law enforcement officer in
a supervisory capacity designated by the Director of Public Safety
to act in his stead. The use of a firearm by an officer of this class
may be authorized only after the officer has been fully certified
as successfully completing training as prescribed by the Police Training
Commission established within the State Department of Law and Public
Safety.
C.
Rules and regulations. All duly appointed special law enforcement
officers shall be subject to the ordinances of the Township of Willingboro
and to the rules and regulations governing the Police Department of
the Township of Willingboro, including, but not limited to, the Standard
Operating Procedures Police Manual of the Township of Willingboro.
D.
Term of appointment. Special law enforcement officers shall be appointed
by the Township Manager for a term not to exceed one year. In no event
shall any appointment carry a term beyond the end of the calendar
year of the year in which the appointment is made.
E.
Limitations on number of special law enforcement officers.
(1)
The
number of special law enforcement officers employed by the Township
of Willingboro shall be limited as follows:
(2)
Guidelines of limitation. The establishment of the limitations herein
shall serve to provide maximum numbers only and shall not be interpreted
to require the appointment of any specific number of special law enforcement
officers. The number of special law enforcement officers actually
appointed shall be a management decision made by the Township Manager
in accordance with the budgetary guidelines established by the Township
Council.
F.
Residency requirement. No special law enforcement officer shall be appointed to a position with the Township of Willingboro who is not a bona fide resident of the Township of Willingboro, except that the Township Manager may, but is not required to, waive the residency requirement on a year-to-year basis in specific cases where the Township Manager determines that it is in the best interest of the Township to grant such a waiver. Whenever a waiver has been granted by the Township Manager, the waiver may be subject to such conditions as the Township Manager may determine. The preferences established in § 66-4 shall be applicable to special law enforcement officers. The Township Manager shall annually report to the Township Council the number of waivers granted, the reasons for the waivers and the conditions, if any, imposed on the waivers.
The Township Manager may, as provided in N.J.S.A. 40A:9-154.1,
appoint adult school crossing guards (who may also be known as "school
traffic guards") for a term not exceeding one year and revoke those
appointments for cause and after hearing before the Director of Public
Safety. An adult school crossing guard shall not be a member of the
Police Department and shall not have the power to arrest or the right
to bear firearms. Every adult school crossing guard shall be under
the supervision and direction of the Police Department and shall comply
with the rules and regulations applicable to the conduct and decorum
of the regular police officers of the Township.
