[HISTORY: Adopted by the Township Council
of the Township of Chester 9-15-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 34, Art. 6.
Salaries and compensation — See Ch. 45.
[1]
Editor's Note: This ordinance also superseded
former Ch. 41, Police Department, adopted 12-7-1993 by Ord. No. 8:13-93.
The Police Department shall be responsible for
the following: to protect life and property; preserve the public peace;
detect, arrest and assist in the prosecution of offenders of the laws
of the United States of America and the State of New Jersey, the ordinances
of the Township of Chester and such other laws as may fall under their
jurisdiction; direct and control motor vehicle and pedestrian traffic;
provide attendance and protection during emergencies; provide appearances
in court; cooperate with other law enforcement agencies and judicial
bodies; and provide training for the efficient operation of its officers
and other members. The Township of Chester Police Department as has
been heretofore established by ordinance and the applicable laws of
the State of New Jersey is continued.
The members of the Township of Chester Police
Department as presently constituted are hereby continued in their
respective offices and/or positions, and the salaries established
by the Salary Ordinance[1] now in effect shall prevail. Nothing contained herein
shall be construed so as to adversely affect the status, rank, tenure
or any rights or benefits heretofore acquired by any member of the
existing Department.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
The Police Department shall be under the control
of the governing body, acting through the Police Committee. The Mayor
shall, each year, appoint a Police Committee composed of not more
than two members of the governing body, one of whom shall be appointed
as the Police Chair thereof, and shall be designated the "appropriate
authority" as required by applicable statute. The Mayor may also appoint,
with the Council's approval, a Civilian Police Director. The Police
Committee Chair and Police Director, if appointed and confirmed, shall,
after consultation with the Chief of Police and/or Officer in Charge,
provide recommendations for the maintenance, regulation, control and
good order of the Police Department for consideration by the Mayor
and Council in accordance with applicable state laws.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
The Chief of Police and/or Officer in Charge
shall report directly to the Police Committee Chair and shall direct
the administration and operation of the Police Department and shall
establish, within appropriate guidelines, and subject to review by
the Police Committee, such policies and procedures deemed necessary
or desirable without political intervention. The Chief of Police and/or
Officer in Charge shall, at the request of the Police Committee Chair
and/or the Mayor and Council, produce written reports pertaining to
the actions of the Department and its members, including such information
as is necessary to justify the actions and decisions taken.
[Amended 2-5-2002; 4-7-2009 by Ord. No. 2009-3; 4-20-2010 by Ord. No.
2010-2; 6-1-2010 by Ord. No. 2010-8]
A.
The Police
Department may consist of:
(1)
Chief
of Police and/or Officer in Charge.
(2)
Deputy
Chief of Police.
(3)
Up to
three Lieutenants.
[Amended 2-7-2012 by Ord. No. 2012-1; 10-18-2022 by Ord. No. 2022-15]
(4)
Up to five Sergeants.
[Amended 11-14-2019 by Ord. No. 2019-12]
(5)
Up to four Corporals.
[Amended 2-4-2014 by Ord.
No. 2014-1; 11-14-2019 by Ord. No. 2019-12]
(6)
Patrolmen
(as many as deemed necessary by the Mayor and Council, with the advice
of the Police Chair and Chief of Police or Deputy Chief of Police
or Officer in Charge).
(7)
Part-time,
sworn court officers, special officers and reserve officers (as may
be deemed necessary or desirable by the Mayor and Council, with the
advice of the Police Chair and Chief of Police or Officer in Charge).
(8)
Certain
civilian personnel and/or volunteers, to include such secretaries,
clerks, matrons, chaplains, dispatchers and aides as may be deemed
necessary or desirable by the Mayor and Council, with the advice of
the Police Committee Chair and the Chief of Police, or Deputy Chief
of Police or Officer in Charge, and the Civilian Police Director.
[Amended 2-4-2014 by Ord. No. 2014-1]
B.
When there is a Deputy Chief of Police or an Officer in Charge in charge of the administration and operation of the Police Department, such Deputy Chief of Police or Officer in Charge shall have all the duties, responsibilities, obligations and authority the Chief of Police has set forth in Chapter 41 of the Chester Township Code.
C.
The Mayor
shall determine the scope of use of the Township police vehicle utilized
by the Chief of Police or the Deputy Chief of Police or Officer in
Charge.
A.
There is hereby established within the Police Department
of the Township of Chester a branch or division which shall be known
as the "Detective Bureau."
B.
This Bureau shall consist of such supervisory officers
and patrolmen who are members of the Police Department as may be necessary
for the efficient operation of the Bureau.
C.
Members of the Police Department may be assigned to
and reassigned from the Detective Bureau at the discretion of the
Chief of Police or Deputy Chief of Police or Officer in Charge. No
person shall be assigned to the Detective Bureau unless such person
has a minimum of three years of law enforcement experience, except
that the Council shall have the right, in the event of an emergency
or other existing circumstance, based upon the recommendation of the
Police Committee Chair and the Chief of Police, or in his absence
the Deputy Chief of Police or Officer in Charge, to waive the requirements
of this section. Law enforcement experience is defined as the time
earned while working in the position of a full-time Class II special
officer, corrections officer, sheriff’s officer, or regular
police officer. Three years of law enforcement experience includes
all time while in attendance at a New Jersey State Police Training
Commission certified academy as well as time working as a Class II
special officer, corrections officer or regular police officer.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-7-2012 by Ord. No. 2012-1; 2-4-2014 by Ord. No.
2014-1]
D.
Assignment to and reassignment from the Detective
Bureau shall in no way affect the existing status, title, seniority
and rights of such members of the Police Department as may be so assigned
or reassigned.
E.
The Detective Bureau shall be responsible for investigative
activities of the Police Department, under the Chief of Police, Deputy
Chief of Police or Officer in Charge, and shall be responsible to,
and receive orders only from, the Chief of Police, or Deputy Chief
of Police or Officer in Charge, of the Department.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
A.
There is hereby established within the Police Department
of the Township of Chester a branch or division which shall be known
as the "Patrol Bureau."
B.
This Bureau shall consist of such supervisory officers
and patrolmen who are members of the Police Department as may be necessary
for the efficient operation of the Bureau.
C.
Members of the Police Department may be assigned to
and reassigned from the Patrol Bureau at the discretion of the Chief
of Police.
D.
Assignment to and reassignment from the Patrol Bureau
shall in no way affect the existing status, title, seniority and rights
of such members of the Police Department as may be so assigned or
reassigned.
E.
The Patrol Bureau shall be under the supervision of
an officer holding the rank of Sergeant or above, assigned to said
Bureau, who shall supervise, direct and execute the activities of
the Bureau and who shall have the command and control of other members
of the Department assigned thereto, subject to the direction of the
Chief of Police, or Deputy Chief of Police or the Officer in Charge,
of the Department.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
A.
The Chief of Police, or the Deputy Chief of Police
or the Officer in Charge, may, with the approval of the Mayor and
Council, create and staff additional bureaus, such as Community Services/Crime
Prevention, Traffic Safety and Drug Education, as may be deemed necessary.
B.
The establishment of such bureaus shall be accompanied
by a charter, written by the Chief of Police, or the Deputy Chief
of Police or Officer in Charge, with the advice of the Civilian Police
Director and the Police Committee Chair and shall be approved by the
Mayor and Council. The charter shall specify the mission of the bureau,
the level of staffing and the officer to whom the senior officer of
the bureau shall directly report.
[Amended 2-4-2014 by Ord. No. 2014-1]
C.
Officers may be assigned to and reassigned from such
specialized bureaus at the discretion of the Chief of Police, or Deputy
Chief of Police or Officer in Charge, with notification to the Police
Committee Chair.
D.
Assignment to and reassignment from such bureaus shall
in no way affect the existing status, title, seniority and rights
of such members of the Police Department as may be so assigned or
reassigned.
The officers and other members of the Police
Department shall be appointed and designated as to rank and/or title
by the Mayor and Township Council and shall receive such salary and
benefits as the governing body may provide by means of contract, resolution
and/or ordinance.
A.
The Chief of Police, or Deputy Chief of Police or
the Officer in Charge, may, upon demonstrating cause to the Police
Committee Chair, name an officer of a subordinate rank to a temporary
brevet or acting position equivalent in authority and responsibility
to the next superior rank.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
B.
Such a brevet position shall have no effect on the
remuneration or benefits received by the officer so named, unless
specified by salary ordinance or contract.
C.
No officer shall be required to accept such a brevet
position, nor shall negative consequences result from an officer's
declining the position.
D.
The purpose of the brevet designation is to establish
elevated authority over an extended period of time, not less than
one month nor more than one year. Nothing in this section shall inhibit
the Chief of Police or other superior officers from assigning work
or delegating responsibility on an as-needed basis.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
The Mayor and Council shall adopt, by resolution,
rules and regulations for the government and discipline of the Police
Department and the members thereof upon recommendation by the Chief
of Police or Deputy Chief of Police or Officer in Charge. Such rules
and regulations shall fix and provide for the enforcement of penalties
for the violation of such rules and regulations and the members of
the Police Department shall be subject to such rules, regulations-and
penalties. Full and current copies of said rules and regulations as
well as one current copy of police policies and procedures shall be
kept on file in the office of the Municipal Clerk in the municipal
building. Any changes thereto shall be provided to the Municipal Clerk,
in writing, so that they can be filed at the time the changes are
made.
A.
To be eligible for probationary appointment to the
Police Department, a prospective candidate for appointment must meet
any and all qualifications set forth in the laws of the State of New
Jersey and in the ordinances and resolutions of the Township of Chester;
must be a citizen of the United States of America and a resident of
the State of New Jersey; must possess an Associate's Degree (or more
advanced degree) from an accredited college or university; must be
able to speak, read and write in the English language fluently; must
possess a valid New Jersey driver's license; must successfully complete
such oral, written, psychological and physical examinations as may
be required; and must possess current New Jersey Police Training Commission
certification and current New Jersey Emergency Medical Technician
certificate. However, should an otherwise eligible candidate for probationary
status not possess an EMT certification, then said certification must
be successfully completed during the probationary period described
below.
[Amended 6-5-2001; 2-4-2014 by Ord. No. 2014-1]
(1)
A waiver
of an Associate’s Degree requirement is permitted when a candidate
has served in the United States military for four years and has received
an honorable discharge.
B.
Permanent appointment.
(1)
Permanent appointment to the Police Department shall
require that the probationary officer, if not already so certified,
successfully complete EMT training and maintain EMT certification.
[Amended 4-5-2011 by Ord. No. 2011-3]
(2)
Permanent appointment to the Police Department shall
further require that the probationary officer successfully complete
a probationary period of one year, regardless of the step/salary at
which hired, during which time the Mayor and Council may, upon consultation
with the Chief of Police, or Deputy Chief of Police or Officer in
Charge, dismiss the probationary officer without cause or hearing.
Probation may be extended for an additional period, not to exceed
one year, at the discretion of the Chief of Police, or Deputy Chief
of Police or Officer in Charge, and Police Committee Chair and with
the approval of the Mayor and Council.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
(3)
An
extension of the probationary period will result in the extension
of compensation at the step/salary at which hired. However, such extension
will not change the officer’s hire date relating to terms of
tenure nor future pay step increases if the probationary officer’s
employment is continued.
[Added 2-7-2012 by Ord. No. 2012-1; amended 2-4-2014 by Ord. No.
2014-1]
C.
Upon permanent appointment to the Township of Chester
Police Department, all time served by any member during such probationary
period shall be considered as full service with the Department and
shall be applied toward any required tenure which may be a qualification
for promotion or assignment.
D.
All officers will be required to maintain their status as Emergency
Medical Technicians (EMT's) as a condition of their continued employment.
Officers will ensure that they will complete all required coursework
to maintain their certifications as prescribed by the State of New
Jersey.
[Added 2-4-2014 by Ord. No. 2014-1]
A.
All promotions to superior ranks shall be made from
the membership of the Chester Township Police Department, provided
that qualified persons may be found within such membership. In evaluating
qualifications of members proposed for promotion, primary consideration
shall be given to the performance of the member, the merit of his
or her service and his or her educational level. Seniority in service,
while a factor to be considered, shall only be determinant in the
case where two or more members of the Department have otherwise equal
qualifications. In the event that no members of the Department meet
the qualifications set forth by the Mayor and Council, promotion to
superior rank may be made from outside the membership of the Department.
B.
The Mayor and Council may require that Department
members proposed for promotion complete such examinations deemed necessary
or desirable to aid in the determination of merit service. Said examinations
shall be listed in the Police Policy and Procedures Manual and are
subject to periodic review by the Police Committee and Chief of Police,
or Deputy Chief of Police or Officer in Charge, with the review and
advice of the Civilian Police Director.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8]
C.
Unless circumstances so warrant and with the exception of the rank of Chief of Police, no member of the Township of Chester Police Department shall be promoted to a superior rank unless he/she has served in the next lower rank. For promotion to Lieutenant, the next lower rank is Sergeant; for promotion to Sergeant, the next lowest rank is patrolman. An officer must have a Bachelor's Degree from an accredited college or university to be considered eligible for promotion to the rank of Lieutenant. An officer must have a minimum of three years of law enforcement experience, as defined in § 41-6C, to be considered eligible for promotion to the rank of Sergeant, except the Council shall have the right, in the event of emergency or other existing condition, based upon the recommendation of the Police Committee Chair and the Chief of Police, or in his absence, the Deputy Chief of Police, the Officer in Charge and/or the Civilian Police Director, to waive the requirement of this section.
[Amended 12-15-2009 by Ord. No. 2009-20; 2-7-2012 by Ord. No.
2012-1; 2-4-2014 by Ord. No. 2014-1; 5-2-2023 by Ord. No. 2023-17]
D.
Promotion to Chief of Police shall require that the
officer proposed for promotion have at least 10 years' experience
in law enforcement and supervisory and administration experience at
the rank of Sergeant or above. In addition, candidates for promotion
to Chief must possess a bachelor's degree from an accredited college
or university or serve in the capacity of Deputy Chief of Police for
not less than six months, to the satisfaction of the Mayor and Council
of the Township.
[Amended 11-5-2008 by Ord. No. 2008-13; 12-15-2009 by Ord. No. 2009-20]
[Added 12-19-2000]
For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Chester Township Police Department and to authorize the outside
employment of police officers while off duty, the Township hereby
establishes a policy regarding the use of said officers.
A.
Members of the Police Department shall be permitted
to accept police related employment for private employers only during
off-duty hours and at such time as will not interfere with the efficient
performance of regularly scheduled or emergency duty for the Township.
B.
Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police, Deputy Chief
of Police or the Officer in Charge or their designee, which approval
shall be granted if such employment would not be inconsistent with
the efficient functioning and good reputation of the Police Department
and would not unreasonably endanger or threaten the safety of the
officer or officers who are to perform the work.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
C.
Any person or entity requesting the services of an off-duty law enforcement officer shall estimate the numbers of hours such services are required, which estimate shall be approved, in writing, by the Chief of Police, or Deputy Chief of Police or the Officer in Charge or their designee, and shall establish an escrow account with the Township Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection H for the total estimated hours of service.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
D.
Prior to posting any request for services of off-duty
officers, the Chief of Police, or Deputy Chief of Police or Officer
in Charge or their 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. No service shall be performed unless
all fees and compensation required in the manner described above have
been deposited with the Treasurer. No officer shall provide any such
services for more hours than are specified in the request for services.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
E.
In the event that the funds in such an escrow account
should become depleted, services of off-duty officers shall cease,
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
F.
The person or entity requesting such services shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services
G.
All requests for the services of off-duty law enforcement
officers in the Chester Township Police Department for a period of
one week or longer shall be forwarded to the Chief of Police, or Deputy
Chief of Police or Officer in Charge or their designee, at least 10
days before such services are required, whenever possible. Any officers,
when so employed by the Township, shall be treated as an employee
of the Township; provided, however, that wages earned for outside
employment shall not be applied toward the pension benefits of law
enforcement officers so employed nor shall hours worked for outside
employment be considered in any way compensable as overtime.
[Amended 4-20-2010 by Ord. No. 2010-2; 6-1-2010 by Ord. No.
2010-8; 2-4-2014 by Ord. No. 2014-1]
H.
Rates of compensation for contracting the services
of off-duty officers shall be at an hourly rate as agreed to by Chester
PBA Local 315 and the Chester Township Council, as per the agreement
between the Chester PBA 315 and Chester Township currently in effect
with a minimum of four hours, plus an additional 20% of such rate
to cover administrative costs and payroll expenses. When a patrol
car is deemed necessary by the Chief of Police, or Deputy Chief of
Police or Officer in Charge, or his or her designee, a charge of $50
per day shall be made.
[Amended 4-20-2010 by Ord. No. 2010-2; 5-18-2010 by Ord. No.
2010-7; 6-1-2010 by Ord. No. 2010-8; 2-4-2014 by Ord. No.
2014-1; 12-6-2016 by Ord. No. 2016-13; 5-19-2020 by Ord. No. 2020-06]
[Added 4-20-2010 by Ord. No. 2010-2; amended 6-1-2010 by Ord. No.
2010-8]
A.
The position of a full-time Civilian Police Director may be appointed
by the Mayor, with the advice and consent of the Council. The Civilian
Police Director shall serve at the pleasure of the Mayor and Council.
The person appointed as Civilian Police Director shall be qualified
by law enforcement training and have a minimum of 10 years' experience
in law enforcement.
B.
The Civilian Police Director shall report directly to the Mayor and
the Police Committee Chair.
C.
The duties of the Civilian Police Director shall include, but not
be limited to:
(1)
Recommend to the Mayor and Council efficiencies as to supervisory
functions of the Police Department limited to civilian administrative
tasks.
(2)
Recommend to the Mayor and Council employment policies and adoption
of special emergency directives and ordinances to assist in the governance
and management of the Police Department.
(3)
Provide written monthly reports by the first Council meeting of each
month concerning his/her activities for the prior month.
(4)
Review and advise the Mayor and Council as to manpower allocations,
overtime, vacation, sick and compensatory time accumulations and usage
and schedules for all police personnel.
(5)
Review and advise the Mayor and Council as to all bills and expenses
of the Police Department.
(6)
Keep and maintain an administrative record of all appointments, dismissals,
removals and resignations of officers as they take place, with such
other information as may be necessary.
(7)
Develop and recommend to the Mayor and Council the annual budget
for the Police Department and review all expenditures and all purchases
of the Police Department.
(8)
Analyze crime trends and statistics.
(9)
Evaluate effectiveness of work programs and procedures of all units
and bureaus within the Police Department and make recommendations
to the Mayor and Council as to suggested changes.
D.
The term of office of the Civilian Police Director shall not exceed
one year, unless approved by the Mayor and Council.
E.
The position of Civilian Police Director shall be that of a full-time
employee of the Township.
G.
The Mayor and Council shall determine the Civilian Police Director's
sick leave, holidays, vacation, bereavement leave and reimbursement
of expenses.
H.
Outside employment of the Civilian Police Director shall not be permitted
without the consent of the Mayor and Council.
I.
This section of Chapter 41, pertaining to the position of Civilian Police Director, shall expire on May 1, 2011, unless extended by a vote of the Mayor and Council held at a public meeting.
[Added 5-18-2010 by Ord. No. 2010-6; amended 6-1-2010 by Ord. No.
2010-8]
J.
There shall not be both a Chief of Police and Civilian Police Director
serving at the same time for more than 30 days.
[Added 5-18-2010 by Ord. No. 2010-6; amended 6-1-2010 by Ord. No.
2010-8]
[Added 10-7-2014 by Ord. No. 2014-13]
[Added 12-20-2016 by Ord.
No. 2016-14]
The Township may provide police services to the Borough on a
contract basis pursuant to an interlocal services agreement only with
the Borough.
[Added 12-20-2016 by Ord.
No. 2016-14]
The name of the "Township of Chester Police Department" is changed
to the "Chester Police Department."
[Added 12-20-2016 by Ord.
No. 2016-14]
The control of the Police Department shall be governed by § 41-3 as well as the provisions of the Interlocal Services Agreement.
[Added 12-20-2016 by Ord.
No. 2016-14]
Probationary and permanent appointments as governed by § 41-11 shall be governed by the Interlocal Services Agreement.
[Added 12-20-2016 by Ord.
No. 2016-14]
Promotions shall not be governed by § 41-12. Promotions shall be governed by the Interlocal Services Agreement.
[Added 12-20-2016 by Ord.
No. 2016-14]
Pursuant to the Interlocal Services Agreement, the Township
hereby creates a Public Safety Committee consisting of members all
of whom are to be appointed by the Mayor with the advice and consent
of a majority of the members of the Council. The Committee members
shall consist of two members of the Council and one additional member.
The Public Safety Committee shall perform its duties with the Joint
Police Safety Committee pursuant of the Interlocal Services Agreement.
[Added 12-20-2016 by Ord.
No. 2016-14]
The Seniority rights and status of the officers from the Borough
shall be governed by the Interlocal Services Agreement.
