All applicants for appointment to the Police Department shall
be qualified for appointment as required by law.
[Amended 8-26-2014 by Ord. No. O-19-2014; 2-9-2016 by Ord. No. O-1-2016; 3-8-2022 by Ord. No. O-5-22]
The person/entity hereby established as the "appropriate authority,"
as required by N.J.S.A. 40A:14-118, shall be the Director of Public
Safety as established by appointment of the Mayor annually at reorganization
of the Township Committee. The individual holding the title of Director
Public Safety shall be the person appointed by the Mayor in the first
liaison position of the list of committee appointments of the Township
Committee known as the "Police/Public Safety/Emergency Management
Committee."
[1]
Editor's Note: Former § 98-3, Appointment; removal
from office, was repealed 8-26-2014 by Ord. No. O-19-2014.
[1]
Editor's Note: Former § 98-4, Salary, was repealed
8-26-2014 by Ord. No. O-19-2014.
[Amended 8-26-2014 by Ord. No. O-19-2014]
The Director of Public Safety, as the appropriate authority,
shall be responsible for the promulgation of rules and regulations
for the government of the police force and for the discipline of its
members. While the Chief of Police shall be the head of the police
force, he or she shall be directly responsible to the appropriate
authority for the efficiency and routine day-to-day operations pursuant
to policies established by the appropriate authority.
[Amended 8-26-2014 by Ord. No. O-19-2014]
Under the general direction of the Mayor and Township Committee,
and the rules and regulations promulgated by the Director of Public
Safety as the appropriate authority for the Township of Franklin,
the Chief of Police shall be responsible for the efficiency and routine
day-to-day operations of the Police Department and shall administer
and enforce the rules and regulations and special emergency directives
for the disposition and discipline of the force and its officers and
personnel; shall have, exercise and discharge the functions, powers
and duties of the force; shall prescribe the duties and assignments
of all subordinates and other personnel; and may designate such of
his/her authority as may be deemed necessary for the efficient operation
of the force to be exercised under his/her direction and supervision.
[Amended 8-26-2014 by Ord. No. O-19-2014]
The Chief of Police shall submit monthly reports to the Township
Administrator, the Mayor and the Committee concerning the operation
of the Police Department during the preceding month in such form as
shall be prescribed by the Mayor and the Committee. The Chief shall
make such other reports as may be requested by the Mayor and the Committee.
[Amended 8-26-2014 by Ord. No. O-19-2014]
[Amended 8-26-2014 by Ord. No. O-19-2014]
Pursuant to N.J.S.A. 40A:14-118, the Chief of Police shall issue
any operations orders, general orders or standard operating procedures
or policies as the Chief deems necessary for the efficiency and operation
of the Police Department.
Nothing contained herein shall infringe upon or limit the duty
and authority of the Chief of Police, if one be appointed, to act
to provide for the health, safety and welfare of the municipality
in an emergency through special emergency directives pursuant to the
provisions of N.J.S.A. 40A:14-118 and 40A:14-146.9.
[Amended 8-26-2014 by Ord. No. O-19-2014]
A.
The appropriate authority, who shall be the Director of Public Safety,
pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt
and promulgate rules and regulations for the government of the Police
Department and for the discipline of its members, subject to ratification
and adoption of said rules and regulations by the Township Committee.
B.
Said rules and regulations shall govern the conduct of and be binding
upon the entire membership, sworn officers and civilian employees
of the Police Department.
C.
Said rules and regulations shall be in manual form and shall be called
the "Rules and Regulations of the Police Department of the Township
of Franklin."
D.
Each sworn officer and each civilian employee is duty bound to be
thoroughly familiar with the provisions of the Police Manual and rules
and regulations of the Police Department.
There is hereby created in and for the Township of Franklin a Police Department (previously established by § 98-1 now replaced by this section)[1] within the County of Gloucester, State of New Jersey,
pursuant to the provisions of N.J.S.A. 40A:14-118. This article is
intended to ratify the existence and operation of the Police Department
which has historically operated within and served the Township of
Franklin and to satisfy statutory requirements of the enabling legislation
as amended.
[1]
Editor's Note: Former § 98-1, Creation of Department,
in former Art. I, General Provisions, was adopted 5-25-1993 by Ord.
No. O-11-93.
The Police Department shall preserve the peace; protect life
and property; detect, arrest and prosecute offenders of the laws of
New Jersey and the ordinances of the Township of Franklin; direct
and control traffic; provide attendance at and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers as well as perform all other duties and fulfill all other
responsibilities normally associated with the operation of a Police
Department.
[Amended 8-26-2014 by Ord. No. O-19-2014; 3-8-2022 by Ord. No. O-5-22]
Said Police Department shall consist of one Public Safety Director
as the appropriate authority, one Chief of Police, one Deputy Chief
of Police and such captains, lieutenants, sergeants, corporals, detectives,
police officers, officers in charge and civilian employees as deemed
necessary and appropriate by the appropriate authority in his or her
discretion and judgment, with the approval of the Mayor and Township
Committee. The appropriate authority and/or Mayor and the Township
Committee may, from time to time, leave one or more of the above positions
vacant, as they see fit. The express purpose for renaming these offices
is to establish a statutory line of authority for all police employees
to a higher elected authority. No personnel may be appointed to the
Franklin Police Department until they have satisfied all statutory
requirements and have complied with the selection process and standards
established by the rules and regulations adopted by the appropriate
authority to govern said Police Department.
[Amended 8-26-2014 by Ord. No. O-19-2014]
A.
Appropriate authority. The Franklin Police Department shall come
under the jurisdiction of the appropriate authority, which is hereby
created pursuant to N.J.S.A. 40A:14-118. Said appropriate authority
shall be the Director of Public Safety. The appropriate authority
shall be directly responsible to the governing body of the municipality.
B.
Hearing authority.
(1)
In the event of any disciplinary proceeding against any member of
the Police Department of the Township of Franklin, the appropriate
authority or his/her designee shall be the sole hearing officer and
person in charge of all such proceedings.
(2)
Nothing herein shall prevent the appropriate authority from designating
a hearing officer for the purpose of conducting the hearing, receiving
evidence, preparing a record and submitting findings and a proposed
recommendation of penalty to the appointing authority established
under law.
C.
Charging authority. The Chief of Police or his/her designee may initiate
disciplinary charges against any member of the Police Department pursuant
to the powers vested in said office by N.J.S.A. 40A:14-118, except,
however, if charges are to be initiated against the Chief of Police,
those charges may only be initiated by the appropriate authority or
his/her designee.
[Amended 8-26-2014 by Ord. No. O-19-2014]
A.
Any employee seeking to appeal disciplinary charges shall do so in
writing submitted to the office of the Chief of Police. Said appeal
shall be filed, in writing, within five business days, not including
Saturday, Sunday and legal holidays, from the date said disciplinary
charges were served upon the employee.
B.
The Chief of Police or his/her designee, as the case may be, shall
schedule a hearing no sooner than 10 calendar days nor later than
30 calendar days from the date of service of the charges upon the
employee.
C.
Any preliminary notice of disciplinary action served upon any employee
shall contain the date, time and location of the hearing on the charges.
No member or officer in the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey statutes
and the Police Department's rules and regulations (N.J.S.A. 40A:14-147).
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department successfully complete a physical, mental and psychological
examination (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127).
[Amended 8-26-2014 by Ord. No. O-19-2014]
The Mayor and Committee of the Township of Franklin may appoint
from time to time special law enforcement officers in accordance with
New Jersey statutes for terms not exceeding one year. They 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 Police Department and shall not be entitled to tenure. 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 Police Department, including the carrying of firearms and power
of arrest (N.J.S.A. 40A:14-146.8 et seq.).
The Township shall hereby cooperate with all other municipalities
which adopt a similar reciprocal ordinance providing for intermunicipal
police assistance in times of emergency.
This intermunicipal assistance will be provided if and when
the Township of Franklin has an emergency within its boundaries requiring
additional police assistance to protect life and property or to assist
in suppressing a riot or disorder and whenever another municipality,
which has enacted a similar reciprocal ordinance, may experience a
similar emergency requiring additional police assistance.
[Amended 8-26-2014 by Ord. No. O-19-2014]
A.
The Chief of Police of the Township of Franklin or the highest ranking
officer on duty at the time is hereby authorized to request assistance
from the Chief/Director of Police or highest ranking officer on duty
of the police departments of other municipalities for intermunicipal
police assistance during and/or after an emergency situation.
B.
The Chief of Police of the Township of Franklin or the highest ranking
officer on duty at the time shall provide assistance to another municipality
or municipalities making a valid request to supply such personnel
and equipment to the extent possible without endangering person or
property within the Township of Franklin.
Members of the Franklin Police Department supplying emergency
assistance to another municipality shall have the same powers and
authority as have the members of the Police Department of the municipality
in which said assistance is being rendered. Additionally, said members
shall also have, while so acting, said rights and immunities as they
may otherwise enjoy in the performance of their normal duties within
the Township of Franklin.
The Township of Franklin shall, upon providing assistance to
another municipality which has enacted a similar intermunicipal assistance
ordinance, assume the cost and expense of providing said personnel
and equipment to the requesting municipality, excepting such instances
when the requesting municipality receives state or federal aid as
reimbursement or if private concerns are involved and the requesting
municipality receives reimbursement. Therefore, in this event, the
costs incurred by the Township shall be submitted to the municipality
which requested assistance for reimbursement.
[Amended 8-26-2014 by Ord. No. O-19-2014]
At such times that an emergency may occur and intermunicipal
police aid is requested, the Chief or the next highest ranking officer
of the municipality wherein said emergency situation exists shall
be the senior ranking officer of all members of any police department
rendering assistance within the boundaries of said municipality.
In the event that any member of a police force summoned pursuant
to an agreement to render assistance suffers injury or death in the
performance of his or her duties, he/she or his/her designee or legal
representative shall be entitled to such salary, pension rights, workers'
compensation or other benefits as would have accrued if such injury
or death had occurred in the performance of his or her normal duties.
A copy of this article shall be transmitted to the Municipal
Clerk of each municipality in Gloucester County no later than five
business days following its adoption. The Clerk of the Township of
Franklin shall maintain a record of all such similar ordinances adopted
by other municipalities.
[Amended 8-26-2014 by Ord. No. O-19-2014]
The office of Police Chief, which individual shall be the head
of the police force and be directly responsible to the appropriate
authority for the efficiency and routine day-to-day responsibilities
of the Police Department pursuant to policies established by the Director
of Police, is hereby established.
The salary of the Police Chief shall be as is set forth in the
Salary Ordinance. The salary of the Police Chief shall, nonetheless,
be subject to the requirements of N.J.S.A. 40A:14-179.
[Amended 8-26-2014 by Ord. No. O-19-2014]
The Police Chief, as the head of the police force, shall be
directly responsible to the appropriate authority for the efficiency
and routine day-to-day operations of said police force pursuant to
N.J.S.A. 40A:14-118.
[Amended 8-26-2014 by Ord. No. O-19-2014]
The Chief of Police shall have and exercise the following authority
and perform the following duties:
A.
Administer and enforce rules and regulations and any special emergency
directives for the disposition and discipline of the police force
and its officers and personnel.
B.
Have, exercise and discharge the functions, powers and duties of
the police force.
C.
Prescribe the duties and assignments of all subordinates and other
personnel.
D.
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
discretion and supervision.
E.
Report at least monthly to the Mayor and Township Committee in such
form as shall be prescribed by the appropriate authority on the operation
of the force during the preceding month, which report shall include
but not be limited to reports detailing the status of all internal
affairs investigations and reports detailing the deployment of personnel
and all assignments of personnel, and make such other reports as may
be requested by the appropriate authority.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The line of authority of the Township of Franklin Police Department
shall consist of the Chief of Police as the head of the Department
followed by Deputy Chief, Captain, Lieutenant, Sergeant, Corporal,
and Patrol Officer.
[Added 3-8-2022 by Ord. No. O-5-22]
The position of Deputy Chief shall be second in command to the Chief of Police. The Deputy Chief’s powers, functions and duties shall be as currently prescribed by Article IV, Subsection B, of the Franklin Township Police Department Rules and Regulations Manual.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The position of Lieutenant shall be fourth in command to the Chief of Police, the Deputy Chief and Captain. The Lieutenants' powers, functions and duties shall be as currently prescribed by Article IV, Subsection D, of the Franklin Township Police Department Rules and Regulations Manual.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The position of Sergeant shall be fifth in command to the Chief of Police, the Deputy Chief, Captain and Lieutenant. The Sergeants' powers, functions and duties shall be as currently prescribed by Article IV, Subsection E, of the Franklin Township Police Department Rules and Regulations Manual. The position of Sergeant within the Detective Bureau, however, shall fall under the authority of a Lieutenant but shall only direct the activities of the Detective Bureau and shall only have authority over the detectives and any other positions which the Chief of Police shall deem necessary to grant to a Sergeant in the Detective Bureau. The detectives within the Detective Bureau shall fall under the authority of the Sergeant assigned to the Detective Bureau.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The position of Corporal shall be sixth in command to the Chief of Police, the Deputy Chief, Captain, Lieutenant and Sergeant. The Corporal's powers, functions and duties shall be as currently prescribed by Article IV, Subsection H, of the Franklin Township Police Department Rules and Regulations Manual.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The position of Patrol Officer shall be eighth in command to the Chief of Police, the Deputy Chief, Captain, Lieutenant, Sergeant, Corporal and Detective. The Patrol Officer's powers, functions and duties shall be as currently prescribed by Article V, Subsection B, of the Franklin Township Police Department Rules and Regulations Manual.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15]
Future positions are eliminated.
[Amended 4-23-2013 by Ord. No. O-8-2013; 12-28-2015 by Ord. No. O-14-15; 3-8-2022 by Ord. No. O-5-22]
The position of Detective shall be seventh in command to the Chief of Police, the Deputy Chief, Captain, Lieutenant, Sergeant, and Corporal. The position of Detective shall fall under the authority of the Sergeant assigned to the Detective Bureau. The Detective's powers, functions and duties shall be as currently prescribed by Article V, Subsection A, of the Franklin Township Police Department Rules and Regulations Manual.
