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.
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.
[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.
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.