[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 38 of the 1991 Code; amended in its entirety 10-7-2019 by Ord. No. 11-19, effective 10-28-2019. Subsequent amendments noted where applicable.]
There is hereby created in and for the Borough of Lincoln Park a Police Department which shall consist of a Chief of Police and such members and officers as deemed necessary by the Appropriate Authority, including special police officers, school crossing guards, matrons, and other non-sworn civilian personnel to be appointed to these positions together with their compensation. A Director of Police, if appointed as prescribed in § 99-3, shall be deemed to be an administrative function of the Police Department.
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 of Lincoln Park; direct and control traffic; provide attendance and protection during emergencies; provide for appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers pursuant to N.J.S.A. 40A:14-152.
A. 
The Mayor, Borough of Lincoln Park, shall be designated as the Appropriate Authority as provided in the New Jersey statutes. The Appropriate Authority shall be responsible for the overall performance of the Police Department. The Appropriate Authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
B. 
A Director, Department of Police, may be appointed by the Mayor for the term of the Mayor and shall act as liaison between the Mayor, as the Appropriate Authority, and the Police Department.
The Chief of Police shall be head of the Police Department and shall be directly responsible to the Appropriate Authority for its efficiency and day-to-day operations. Pursuant to policies established by the Appropriate Authority, the Chief of Police shall:
A. 
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 and officers;
B. 
Have, exercise and discharge the function, powers and duties of the Police Department;
C. 
Prescribe the duties and assignments of all members and officers;
D. 
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; and
E. 
Report at least monthly to the Appropriate Authority 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 Appropriate Authority (N.J.S.A. 40A:14-118).
No member of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or violation of Department rules and regulations (N.J.S.A. 40A:14-147).
[Amended 2-7-2022 by Ord. No. 2-22, effective 2-27-2022; 12-19-2022 by Ord. No. 19-22, effective 1-8-2023]
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 shall successfully complete a physical, mental and psychological examination (N.J.S.A. 40A:14-122 and 40A:14-127). In accordance with N.J.S.A. 11A:4-1.3 and in the sole discretion of the Appropriate Authority, a person may also be appointed for an entry-level law enforcement officer position without taking a competitive Civil Service examination as long as they successfully complete a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training Commission within nine months from the date of hire as a temporary entry-level officer.
Special law enforcement officers may be appointed 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.
A. 
The members of the Police Department shall be appointed by the Appropriate Authority in the following descending rank and order of authority and shall consist of:
(1) 
Chief of Police (no more than one).
(2) 
Deputy Chiefs (no more than one).
(3) 
Captains (no more than two).
[Amended 7-17-2023 by Ord. No. 16-23]
(4) 
Lieutenants (no more than three).
[Amended 7-17-2023 by Ord. No. 16-23]
(5) 
Sergeants (no more than six).
(6) 
Patrol officers and/or detectives (no more than 18 total).
B. 
The Appropriate Authority may, from time to time, leave one or more of the above positions vacant, as he or she sees fit. Whenever any such position is intentionally left vacant, it will be deemed not to exist and it will be passed in the chain of command. The Appropriate Authority may subsequently resurrect a position that has been left vacant by naming a person to fill said position.
C. 
In the event an officer in any of these positions is on leave immediately preceding an announced retirement or a suspension with intent to dismiss, the Appropriate Authority may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The Appropriate Authority may also choose to leave a position vacant in order to undertake a review of whether the current table of organization is still beneficial to the police mission.
A. 
Police salaries and other benefits are negotiated by contract between the Borough and PBA Local No. 192 in accordance with N.J.S.A. 34:13A-1 et seq., as supplemented and amended. The salaries and benefits are referred to in the contract and shall be determined for each regular police officer from the conditions in the contract, and where the provisions of the contract may be inconsistent with the provisions of this section, the contractual provisions shall prevail.
B. 
Where negotiations are in progress and new contracts have not been finalized or executed, employees shall be compensated under the current or preexisting contract until such time as the new contract has been formally executed and becomes effective. A copy of all executed contracts shall remain on file in the Borough Clerk's office.
[Added 2-7-2022 by Ord. No. 2-22, effective 2-27-2022]
The governing body of the Borough of Lincoln Park declares that a conflict of interest and nepotism policy should be enacted for the Lincoln Park Police Department. This conflict of interest and nepotism policy is not for the purpose of depriving any citizen of an equal chance for a job as a police officer, but solely to eliminate the potential for preferential treatment of the relatives of government personnel or elected officials.
As used in this article, the following terms shall have the meanings indicated:
ELECTED OFFICIAL
Person holding the position of Mayor or Council member of the Borough of Lincoln Park.
FAMILY MEMBER or RELATIVE
Spouse, child, parent, sibling, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-sibling, half-brother, half-sister, nephew, niece, first cousin, aunt, uncle, foster child, or domestic partner.
SUPERIOR OFFICER
Any police officer of the Borough of Lincoln Park having supervisory duties and powers over another police officer within the Police Department.
A. 
No person who is a relative or family member of any elected official of the Borough of Lincoln Park shall be considered for employment as a police officer of the Borough. This shall not restrict nor prohibit the continued employment of an individual as a police officer with the Borough where a family member, or relative of an elected official was hired before the effective date of this article.
B. 
No person who is a relative or family member of the Borough Administrator shall be considered for employment as a police officer of the Borough. This shall not restrict nor prohibit the continued employment of an individual as a police officer with the Borough where a family member or relative of the Borough Administrator was hired before the effective date of this article.
C. 
No elected official can serve as Council liaison to the Police Department that employs any family member or relative of that elected official as a police officer with the Borough.
The Borough of Lincoln Park is a Civil Service jurisdiction for the hiring, firing, promotion and discipline of police officers and is governed by the Civil Service Act and regulations. This section shall not prohibit an individual who is a family member or relative as defined herein and who is otherwise eligible to be hired or promoted through the open competitive process from being hired or promoted as a police officer.
No elected official, the Borough Administrator or superior officer within the Police Department may participate in the promotion process or any other personnel matter of a police officer who is a family member or relative of such elected official, the Borough Administrator or superior officer within the Police Department.
The prohibitions set forth in this article are enforceable only to the extent that they are not in violation of applicable civil service statutes or any other applicable state laws.