[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 3-16-1972 by Ord. No. 4-72 as Ch. 27 of the 1972
Code; amended in its entirety 2-24-2005 by Ord. No. 02:11-05. Subsequent amendments
noted where applicable.]
There is hereby established in and for the Borough of Bellmawr
a Police Department consisting of a Chief of Police and as many officers
and patrolmen and other personnel as shall be deemed necessary by
the governing body of the municipality.
The Director of Public Safety 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.
The Chief of Police shall be the head of the police force and
is directly responsible to the Appropriate Authority for the efficiency
and routine day-to-day operations thereof, and he shall, pursuant
to policies established and ordained by the governing body in the
form of police regulations:
A.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
B.
Have, exercise and discharge the functions, powers and duties of
the force;
C.
Prescribe the duties and assignments of all subordinates and other
personnel;
D.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and
E.
Report to the Appropriate Authority in such form and at such times
as shall be prescribed by the governing body on the operation of the
force and related matters.
Except as provided herein, the municipal governing body and
individual members thereof shall act in all matters relating to the
police function in the municipality as a body.
Nothing herein contained shall prevent the appointment by the
governing body of committees or commissions to conduct investigations
of the operation of the police force and the delegation to such committees
or commissions of such powers of inquiry as the governing body deems
necessary or to conduct such hearing or investigation authorized by
law. Nothing herein contained shall prevent the Appropriate Authority,
or any executive or administrative officer charged with the general
administrative responsibilities within the municipality, from examining
at any time the operations of the police force 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 Appropriate Authority
to act to provide for the health, safety or welfare of the municipality
in an emergency situation through special emergency directives.
The governing body of the municipality when authorized to do
so may employ such Class I and Class II officers and other personnel
for the Police Department as temporary employees in emergencies, or
for certain specified parts of the year, as needed. Said temporary
employees shall not be members of the police force, and their powers,
rights and duties shall cease and terminate at the expiration of the
term for which they were appointed. Any such temporary appointment
may be revoked at any time without cause or without hearing.
A.
Class I special officers.
(1)
Power, duties and responsibilities of Class I special law enforcement
officers. Any person appointed to temporarily or intermittently perform
duties similar to those performed regularly by members of the police
force. Officers will provide assistance to a police force during unusual
or emergency circumstances or at times considered necessary by the
Chief of Police. Class I special officers must attend the basic course
for Class I special officers which is approved by the New Jersey Police
Training Commission. Officers of this classification are strictly
prohibited from carrying or the use of a firearm and shall not be
assigned any duties which may require firearm use. Their authorized
duties shall include:
(2)
Officers of this classification shall have the authority to issue
summonses for disorderly persons, petty disorderly persons offenses,
and violations of municipal ordinances and violations of N.J.S.A.
Title 39, traffic violations. Officers of this classification shall
be under the supervision and direction of the Chief of Police and
shall only perform their duties in the Borough of Bellmawr unless
in fresh pursuit. All rules and regulations applicable to the conduct
and decorum of the permanent, regularly appointed police officers,
as well as any rules and regulations applicable to the conduct and
decorum of special law enforcement officers, shall apply to officers
of this classification.
B.
Class II (SLEO II). Officers of this class shall be authorized to
exercise full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. 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.
No person shall be appointed an officer or member of the Police
Department unless he or she:
A.
Is a citizen of the United States.
B.
Is sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of
New Jersey as to his or her eligibility for membership in the retirement
system.
C.
Is able to read, write and speak the English language well and intelligently.
D.
Is of good moral character and has not been convicted of any criminal
offense involving moral turpitude.
E.
Is a resident of the State of New Jersey.
F.
Shall submit to and pass any background investigations and any written
physical or psychological tests required by the appointing authority.
The rights, privileges, powers and duties of the Bellmawr Police
Department, as well as temporary officers, shall be those prescribed
by the laws of the State of New Jersey, the ordinances and resolutions
of the Borough of Bellmawr, and the rules and regulations of the Bellmawr
Police Department. They shall have the power to serve and execute
all process issuing out of courts of New Jersey and the Borough of
Bellmawr.
The duties of the Chief of Police and other duly appointed officers
and men shall be those as set forth in the rules and regulations of
the Bellmawr Police Department as duly adopted by the governing body.
Although certain hours may be allotted for the performance of
regular tours of duty, officers are considered to be 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.
Any member of the Police Department of the Borough of Bellmawr
shall be subject to reprimand, suspension, extra training, deduction
in pay, reduction in rank or dismissal, according to the gravity of
the offense, for those reasons determined from time to time by the
governing body and set forth in the Police Department rules and regulations.
A.
Except as otherwise provided by law, no permanent member or officer
of the Police Department or force shall be removed from his office,
employment or position for political reasons or for any cause other
than incapacity, misconduct, or disobedience of rules and regulations
established for the government of the Police Department, nor shall
such member or officer be suspended, removed, fined or reduced in
rank from or in office, employment or position therein except for
just cause as hereinbefore provided and then only upon a written complaint
setting forth the charge or charges against such member or officer.
Said complaint shall be filed in the office of the Municipal Clerk
and a copy shall be served upon the member or officer so charged,
with notice of a designated hearing thereon by the proper authorities,
which hearing shall be not less than 10 nor more than 30 days from
the date of service of the complaint unless the parties shall agree
to an extension of time for such hearing.
B.
A complaint charging a violation of the internal rules and regulations
established for the Police Department shall be filed no later than
the 45th day after the date upon which the person filing the complaint
obtained sufficient information to file the matter upon which the
complaint is based. The forty-five-day time limit shall not apply
if an investigation of a law enforcement officer for a violation of
the rules and regulations of the Police Department is included directly
or indirectly within a concurrent investigation of that officer for
a violation of the criminal laws of this state. The forty-five-day
limit shall begin on the day following the disposition of the criminal
investigation. The forty-five-day requirement of this subsection for
the filing of a complaint against an officer shall not apply to a
filing of a complaint by a private individual.
C.
The hearing shall be conducted before the municipal governing body
or before a committee of the governing body designated by the governing
body to conduct such hearing or before a hearing officer duly appointed
to conduct such disciplinary hearing by the municipal governing body.
