[Ord. No. 25-94, § 2[2]]
The purpose of this chapter is to revise all existing ordinances
of the Borough pertaining to the establishment, maintenance, regulation
and control of the Morris Plains Police Department in accordance with
N.J.S.A. 40A:14-118 et seq., and to prescribe rules and regulations
respecting the Department in order that its organization shall be
improved and its operations conducted more efficiently.
[1]
Editor's Note: For state law applicable to all municipalities
affecting generally the establishment, maintenance and government
of a police department and the qualifications and discipline of its
members, see N.J.S.A. 40A:14-118 et seq.
[2]
Editor's Note: This ordinance also repealed former Ch. 18,
Police Department, derived from Ord. No. 9-48, as amended.
[Ord. No. 25-94, § 2; No. 10-2001, § 1; No. 25-2002,
§ 1; Ord. No. 5-2020,
§ 1]
There is hereby created in and for the Borough of Morris Plains
a Police Department which shall consist of the following members and
officers and the maximum number of persons to be appointed to these
positions as the Borough Council may hereafter deem necessary and
proper and designate by resolution:
Title of Position
|
Authorized Number of Personnel
|
---|---|
Chief of Police
|
1
|
Lieutenant
|
2
|
Sergeant
|
5
|
Police Officer
|
14
|
[Ord. No. 25-94, § 2]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough; direct and control
traffic; provide attendance 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.
[Ord. No. 25-94, § 2]
(a)
Borough Council. Pursuant to N.J.S.A. 40A:14-118 et seq., the Borough
Council is hereby designated as the "appropriate authority."
(b)
Public Safety Committee. The Borough Council does hereby establish
a Public Safety Committee which shall consist of three members of
the Borough Council. The Mayor, with the consent and approval of the
Council, expressed by a majority vote of the members thereof, shall
each year appoint a Chairman of the Public Safety Committee.
(1)
The Public Safety Committee shall supervise the Police Department
and is designated as the Committee to whom the Chief of Police shall
be directly responsible for the efficiency and routine day-to-day
operations thereof.
(2)
In all other respects, the Public Safety Committee shall serve as
the liaison between the Borough Council and the Chief of Police and
shall be the Committee with whom the Chief of Police shall communicate
and from whom the Chief of Police shall take his orders and directives
from the Borough Council regarding policy matters.
(c)
Chief of Police. The Chief of Police shall be the head of the Police
Department and shall be directly responsible to the Public Safety
Committee for its efficiency and day-to-day operations. Pursuant to
policies established by the Borough Council, the Chief of Police shall:
(1)
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members an officers.
(2)
Have, exercise and discharge the functions, powers and duties of
the Police Department.
(3)
Prescribe the duties and assignments of all members and officers.
(4)
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control.
(5)
Report at least monthly to the Borough Council, in such form as shall
be prescribed, on the operation of the Police Department during the
preceding month and make such other reports as may be requested by
the Borough Council.
[Ord. No. 25-94, § 2]
(a)
The Borough Council shall, from time to time, adopt, amend or repeal,
by resolution, such rules and regulations for the government of the
Police Department and the discipline of its members, upon the advice
and recommendation of the Chief of Police and the Public Safety Committee,
and such other rules and regulations as it deems necessary or proper
concerning the powers, duties, regulation and control of the Police
Department.
(b)
All such rules and regulations shall be in writing and shall be filed
in the office of the Borough Clerk and in the office of the Chief
of Police and distributed to all members of the Police Department.
(c)
Ratification of existing rules and regulations. There is currently
a document entitled "Morris Plains Police Department Manual of Rules
and Regulations" which contains general orders, standing instructions
and certain departmental policies. Said rules, regulations and policies
are hereby ratified and adopted and shall be known as the "Morris
Plains Police Department Manual of Rules and Regulations." Said manual
shall be filed in the office of the Borough Clerk and in the office
of the Chief of Police and distributed to all members of the Police
Department in accordance with Paragraph (b) above. The Borough Council
specifically reserves, however, the right to repeal, amend or supplement
any and all of the rules, regulations, orders or procedures set forth
in said manual, as circumstances require.
(d)
Any neglect by any member of the Police Department to carry out such
rules and regulations shall be sufficient cause for his dismissal
from the Police Department. Moreover, should any member of the Police
Department be cited or disciplined for failure to observe the rules
and regulations, ignorance of any provision in the rules and regulations
shall not be accepted as an excuse and shall not constitute a defense
to said disciplinary charges.
[Ord. No. 25-94, § 2]
(a)
All members of the Police Department shall be appointed by the Borough
Council and shall, after their appointment and confirmation, serve
a probationary period of one (1) year during which time their on-the-job
performance shall be evaluated by the Chief of Police who, one (1)
month prior to the conclusion of said one-year probationary period,
shall make a recommendation to the Public Safety Committee and the
Borough Council regarding the permanent status of the particular officer.
During said probationary period, said officer shall serve at the pleasure
of the Borough Council and may be terminated without cause.
(b)
Upon appointment to permanent employment by the Borough Council following
the successful completion of the on-the-job probationary period described
above, members of the Police Department shall hold their respective
offices and continue in their respective employment, during good behavior
until retirement, death, voluntary resignation or removal for cause
as provided by the N.J.S.A. 40A:14-147, this chapter and the rules
and regulations established for the government and discipline of the
Police Department.
[Ord. No. 3-2010, § 1; Ord.
No. 25-94, § 2; No. 10-2003, § 1]
(a)
Except as otherwise provided by law, no person shall be appointed
to the Police Department unless he or she:
[Ord. No. 7-2015, § 1]
(1)
Possesses the requisite qualifications prescribed by N.J.S.A. 40A:14-122
and N.J.S.A. 40A:14-127; and
(2)
Successfully passes such written and oral examinations as may be
prescribed by the Borough Council;
(3)
Successfully passes such physical, mental and psychological examinations
as may be prescribed by the Borough Council; and
(4)
Effective March 20, 2015:
(i)
Possesses a bachelor of arts or science degree from an undergraduate
institution accredited by the Middle States Association of Colleges
and Schools; or
(ii)
Possesses an associates of arts or science degree from an undergraduate
institution accredited by the Middle States Association of Colleges
and Schools, or has completed 65 credits or more at such an accredited
institution, and has been honorably discharged from service in the
United States military.
(b)
Effective June 1, 2006, no person shall be promoted to or hired at
the rank of Sergeant unless he or she:
(1)
Possesses an associates degree from an undergraduate institution
accredited by the Middle States Association of Colleges and Schools;
or
(2)
Is currently enrolled in such an accredited undergraduate institution
and has completed 65 credits or more that satisfy the matriculation
requirements for a bachelor of arts or science degree from that institution;
or
(3)
Has been honorably discharged from service in the United States military
and is currently enrolled in an undergraduate institution accredited
by the Middle States Association of Colleges and Schools and has completed
35 credits or more that satisfy the matriculation requirements for
an associates degree or a bachelor of arts or science degree from
that institution.
(c)
Effective June 1, 2011, no person shall be promoted to or hired at
the rank of Lieutenant or Captain unless he or she is actively enrolled
at an undergraduate institution accredited by the Middle States Association
of Colleges and Schools and has obtained at least 90 credits towards
a bachelor of arts or science degree from such institution.
(d)
Effective June 1, 2006, no person shall be promoted to or hired at
the rank of Chief unless he or she possesses a bachelor of arts or
science degree from an undergraduate institution accredited by the
Middle States Association of Colleges and Schools or has completed
all of the requirements necessary for graduation with a bachelor of
arts or science degree.
[Ord. No. 25-94, § 2]
Before entering upon the duties of the office, and within 10
days after appointment, each member of the Police Department shall
take and subscribe an oath or affirmation to faithfully and impartially
discharge the duties of the office of a member of the Police Department
and to uphold and observe the Constitution and laws of the United
States and the State of New Jersey and the ordinances of the Borough.
Said oath or affirmation shall be taken before and filed with the
Borough Clerk.
[Ord. No. 25-94, § 2]
The Chief of Police shall cause to be kept a register of the
number of days and parts of days actually served on regular duty by
Police Department personnel and at the end of each month cause to
be certified such time so served and the amount of salary due to each
employee.
[Ord. No. 25-94, § 2; No. 3-2002, §§ 4, 5; No.
3-2004, § 1]
(a)
Policy established. For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Borough of Morris Plains and to authorize the outside employment
of Borough police officers while off-duty, the Borough hereby establishes
a policy regarding the use of said officers.
(b)
Escrow accounts.
(1)
Any person or entity requesting the services of an off-duty law enforcement
officer in the Borough shall estimate the number of hours such law
enforcement services are required and shall establish an escrow account
with the Chief Financial Officer of the Borough by depositing an amount
sufficient to cover the rates of compensation and administrative fees
set forth in Paragraph (d) below for the total estimated hours of
service.
(2)
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his designee shall verify that the
balance in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the Chief Financial Officer of the Borough.
(3)
In the event that the funds in such an escrow account should become
depleted, services of off-duty law enforcement officers shall cease,
and requests for future services shall not be posted until additional
funds have been deposited in the escrow account in the manner prescribed
above.
(4)
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid an interruption of services.
(c)
Requests for services; officers to be treated as Borough employees.
(1)
All requests to the Borough for the services of off-duty law enforcement
officers in the Borough shall be forwarded to the Chief of Police
for posting.
(2)
Any law enforcement officer, when so employed in the Borough, shall
be treated as an employee of the Borough of Morris Plains; provided,
however, that wages earned through outside employment shall not be
applied towards the pension benefits of the law enforcement officer
so employed, nor shall hours worked for outside employment be considered
in any way compensable as overtime.
(d)
Rates of compensation and fees; payment for services.
(1)
Rates of compensation for the services of off-duty law enforcement officers are established as set forth in the Fee Schedule of the Borough of Morris Plains, Chapter 2, Section 2-46, of the Revised Ordinances.
(2)
An additional fee to cover administrative costs to the Borough is hereby established as set forth in the Fee Schedule of the Borough of Morris Plains, Chapter 2, Section 2-46, of the Revised Ordinances.
(3)
Payment to law enforcement officers for outside employment shall
be made through the Borough's payroll process.
(e)
Hold harmless agreement and insurance requirements. Any person or
entity requesting the services of an off-duty law enforcement officer
in the Borough shall file with the Borough Clerk an executed hold
harmless agreement and proof of insurance, the form of which shall
be approved by the Borough Attorney. Prior to posting any request
for services of off-duty law enforcement officers, the Chief of Police
or his designee shall verify that the person or entity requesting
services has an effective hold harmless agreement and proof of insurance
on file in the Borough Clerk's office.
[Ord. No. 25-94, § 2; Ord. No. 10-2018, §§ 1, 2, 3, 4; Ord. No. 36-2018, §§ 1,
2; Ord. No. 10-2022, § 1, 2, 3]
(a)
Appointment, term and revocation. The Borough Council may, as it
deems necessary, appoint special law enforcement officers for the
Borough of Morris Plains for terms not to exceed one year in accordance
with N.J.S.A. 40A:14-146.8 et seq. Such 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. Special law enforcement officers
so appointed shall not be members of the Police Department, and their
powers and duties shall cease at the expiration of the term for which
appointed or upon revocation of their appointments.
(b)
Classification and powers. The classifications of the special law
enforcement officers shall be based upon the duties to be performed
by said 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 Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity designated by the Chief
to act in his stead. Class One officers are also authorized to issue
summonses for disorderly persons and petty disorderly persons offenses,
violations of municipal ordinances and violations of Title 39 of the
New Jersey Revised Statutes. The use of firearms by 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 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 Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity designated by the Chief
to act in his stead. The use of a firearm by a Class Two officer 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 New Jersey Department of Law and Public Safety.
(3)
Class Three. Officers of this class are authorized to exercise full
powers and duties similar to those of a permanent, regularly appointed
full-time police officer while providing security at a public or nonpublic
school or a county college on the school or college premises during
hours when the public or nonpublic school or county college is normally
in session or when it is occupied by public or nonpublic school or
county college students or their teachers or professors. While on
duty in the jurisdiction of employment, an officer may respond to
offenses or emergencies off school or college grounds if they occur
in the officer's presence while traveling to a school facility or
county college, but an officer shall not otherwise be dispatched or
dedicated to any assignment off school or college property. The use
of a firearm by an officer of this Class Three shall be authorized
pursuant to the provisions of Subsection b of Section 7 of P.L. 1983,
c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not
be authorized to carry a firearm while off duty unless the officer
complies with the requirements set forth in Subsection 1 of N.J.S.A.
2C:39-6, authorizing a retired law enforcement officer to carry a
handgun.
(c)
Qualifications.
(1)
No person shall be appointed as a special law enforcement officer
unless the person meets the following requirements as set forth in
N.J.S.A. 40A:14-146.10:
(i)
Is a resident of the State of New Jersey.
(ii)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or equivalent.
(iii)
Is sound in body and of good health.
(iv)
Is of good moral character.
(v)
Has not been convicted of any offense involving dishonesty or
which would make the person unfit to perform the duties of a special
law enforcement officer.
(vi)
Has successfully undergone the same psychological testing that
is required of all full-time members of the Police Department.
(2)
Every applicant for the position of special law enforcement officer
shall have fingerprints taken by the Chief of Police, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
(3)
No person shall be appointed to serve as a special law enforcement
officer of the Borough at the same time that he or she serves as a
special law enforcement officer in any other municipality. No public
official with responsibility for setting law enforcement policy or
exercising authority over the budget of the Borough or supervision
of the Police Department shall be appointed as a special law enforcement
officer.
(4)
Before any special law enforcement officer is appointed pursuant
to this section, the Chief of Police shall ascertain the eligibility
and qualifications of the applicant and report these determinations
in writing to the Public Safety Committee.
(5)
In addition to the qualifications established in Paragraph (1) of
this section, a person shall not be appointed as a Class III special
law enforcement officer unless the person:
(i)
Is a retired law enforcement officer who is less than 65 years
of age; for the purpose of this paragraph, a law enforcement officer
shall not be considered retired if the officer's return to employment
violates any federal or state law or regulation which would deem the
officer's retirement as not being bona fide;
(ii)
Had served as a duly qualified, fully trained officer in any
municipality or county of the State of New Jersey or as a member of
the New Jersey State Police, or from any agency of this state, bi-state
agency, or federal agency and was separated from that prior service
in good standing, within three years of appointment, except during
the first year following the effective date of P.L. 2016, c. 68, was
separated from that prior service within five years of appointment;
(iii)
Is physically capable of performing the functions of the position,
determined in accordance with Police Training Commission guidelines;
(iv)
Possesses a New Jersey Police Training Commission Basic Police
Officer certification or New Jersey State Police Academy certification;
(v)
Has completed the training course for safe schools resource
officers developed pursuant to Subsection a of Section 2 of P.L. 2005,
c. 276 (N.J.S.A. 52:17B-71.8);
(vi)
Must pass a psychological examination;
(vii)
Must pass a medical examination and have a doctor complete a medical
certification form;
(viii)
Must pass a drug test pursuant to Attorney General's Law Enforcement
Drug Testing Policy; and
(ix)
Must have an updated background investigation.
(d)
Uniforms. The uniform of special law enforcement officers shall be
furnished by the Chief of Police in accordance with N.J.S.A. 40A:14-146.12.
(e)
Supervision and direction.
(1)
Special law enforcement officers shall be under the supervision and
direction of the Chief of Police or, in the absence of the Chief,
another superior officer designated by the Chief of Police, and shall
perform their duties only in the Borough of Morris Plains unless in
fresh pursuit of any person, pursuant to N.J.S.A. 2A:156-1 et seq.,
or when authorized to perform duties in another municipality pursuant
to a mutual-aid agreement enacted in accordance with N.J.S.A. 40A:14-156.1.
(2)
Special law enforcement officers shall comply with the rules and
regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Police Department, as well
as any rules and regulations applicable to the conduct and decorum
of special law enforcement officers.
(f)
Compensation. Compensation for each class of special law enforcement
officers shall be established annually by ordinance of the Borough
Council.
(g)
Limitations on number of officers. The number of special law enforcement
officers employed by the Borough shall be limited as follows:
(1)
Class One. Not more than the number of regular police officers employed
by the Borough.
(2)
Class Two. In accordance with N.J.S.A. 40A:14-146.17, not more than
25% of the number of regular police officers employed by the Borough.
(3)
Class Three. Not more than 10 Class Three special law enforcement
officers shall be appointed by the Borough.
(h)
Hours of employment; duty assignment.
(1)
Except as provided in Paragraph (2) below, no special law enforcement
officer may be employed for more than 37.5 hours per week by the Borough,
except that special law enforcement officers may be employed by the
Borough for those hours as the Borough Council may determine necessary
in accordance with the following:
(i)
Special law enforcement officers may be assigned without limitation
as to hours during periods of emergency.
(ii)
In addition to not more than 20 hours per week, including duties
assigned by the Chief of Police pursuant to N.J.S.A. 40A:14-146.14,
a special law enforcement officer may be assigned for not more than
20 hours per week to provide public safety and law enforcement services
to a public entity.
[Ord. No. 13-97, § 1, 2]
(a)
Except as otherwise provided by law, no permanent member of the Police
Department shall be removed from his office, employment or position
for political reasons or for any other cause other than misconduct
or neglect or disobedience of the rules and regulations established
for the government of the Police Department, nor shall such member
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 and after proceedings in accordance with law
and this chapter.
(b)
All charges against members of the Police Department shall be prosecuted
by the Chief of Police, who shall file with the Public Safety Committee
a written complaint setting forth the charges in accordance with N.J.S.A.
40A:14-147. The Public Safety Committee shall immediately forward
said complaint to the Borough Council, and a copy shall be served
upon the officer so charged. The copy served upon the officer so charged
shall contain a notice of the date and time of the hearing on the
charges, which hearing shall be held by the Borough Council not less
than 10 nor more than 30 days from the date the complaint was served
upon the officer so charged. The Borough Council in its discretion
may, by resolution, designate its Public Safety Committee to serve
as hearing officer for the purpose of conducting the disciplinary
hearing or appoint an independent hearing officer for such purpose.
(c)
A complaint charging a violation of the internal rules and regulations
established for the conduct of the Police Department shall be filed
no later than the 45th day after the date on which the Chief of Police
obtained sufficient information to file the matter upon which the
complaint is based. This forty-five-day time limit shall not apply
in an investigation of a law enforcement officer for a violation of
the internal rules or regulations of the Police Department if included
directly or indirectly within a concurrent investigation of that officer
for a violation of the criminal laws of New Jersey, in which case
the forty-five-day time limit shall begin on the day after the disposition
of the criminal investigation.
(d)
On the designated hearing date, the Borough Council, or its designee,
shall conduct a disciplinary hearing in accordance with N.J.S.A. 40A:14-147
and 40A:14-148. The Council shall have the authority to suspend, remove,
fine or reduce in rank any member of the Police Department found guilty
of the charges brought. In any such disciplinary hearing conducted
by the Public Safety Committee or an independent hearing officer,
the Committee or hearing officer shall submit a report and recommendation
to the Borough Council as an initial decision. The Borough Council
may accept, reject or modify the initial decision of the Committee
or hearing officer.
(e)
A failure to comply with the provisions of this section as to the
service of the complaint and the time within which a complaint is
to be filed shall require a dismissal of the complaint.
[Ord. No. 21-97, § 1]
(a)
The Borough Council believes that Police Department civilian employees
should have the right to direct access to the Borough Council in the
resolution of any complaint arising out of discipline received by
such a civilian employee. Accordingly, upon receipt of a proposed
disciplinary action, a civilian employee may file an appeal thereto
as outlined herein.
(b)
Any civilian employee who is disciplined pursuant hereto shall have
the right to appeal the action directly to the Borough Council. The
appeal shall be in writing and shall be submitted to the Borough Clerk
within five working days after the employee receives notice of the
proposed disciplinary action. Failure to submit a written appeal to
the Borough Clerk within five working days shall act as a waiver of
the appeal process, and the disciplinary action will be final and
binding.
(c)
The Borough Council provide a civilian employee the opportunity for
a hearing before the Borough Council, or its designee, prior to the
imposition of "major discipline" which shall be defined as a fine
or suspension in excess of five days. If the employee seeks a public
hearing, he or she must submit a written request to the Borough Clerk
no later than 72 hours in advance of the scheduled hearing.
(d)
The Borough Council, in its discretion, may designate one of its
standing committees or an independent person as hearing officer for
the purpose of conducting the disciplinary hearing. The hearing officer
shall, if appointed, submit a report and recommendation to the Borough
Council as an initial decision. The Borough Council may accept, reject
or modify the initial decision of the hearing officer.
(e)
The Borough Council's decision shall be final and binding on all
parties.
(f)
The provisions of this section shall not supersede any statutory
provisions, Borough rules and regulations or other ordinances governing
any of its departments as to disciplinary procedures.