[HISTORY: Adopted by the Town Council of the Town of Belvidere 8-20-1979 (Ch. 43 of the 1987 Code). Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40A:14-118 et seq., a Police Department is hereby established and created in the Town of Belvidere.
The official name of the Police Department shall be "Town of Belvidere Police Department."
[Amended 8-18-2014 by Ord. No. 2014-08]
All members of the Police Department shall be appointed by the Mayor with the advice and consent of Council to hold office as provided by law. If the Mayor fails to recommend an appointment to any available position within 30 days to Council, or fails to get advice and consent from the Town Council, the Town Council may appoint to the vacant position, by majority vote, a qualified officer as provided by law under N.J.S.A. 40A:14-118.
[Amended 12-1-2003 by Ord. No. 2003-12]
A. 
A line of authority relating to the police function of the Police Department is set forth in the Police Department Manual in the Code of the Town of Belvidere. The Police Commissioner, i.e., the Chairperson of the Police Committee as hereinafter set forth, is hereby designated as the "appropriate authority," pursuant to N.J.S.A. 40A:14-118.
B. 
The Mayor and Town Council of the Town of Belvidere shall act in all matters relating to the police function in the Town of Belvidere through the Police Commissioner.
C. 
Nothing herein contained shall prevent the appointment by the Mayor and Council of the Town of Belvidere of committees or commissions to conduct investigations of the operation of the Police Department, and the delegation to such committees or commissions of such powers of inquiry as the Mayor and Council deem necessary or to conduct such hearing or investigation authorized by law.
D. 
Nothing herein contained shall prevent the Police Commissioner 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 Police Commissioner to act to provide for the health, safety or welfare of the Town of Belvidere in an emergency situation through special emergency directives.
The Police Department of the Town of Belvidere shall consist of a Chief of Police and such other superior officers, patrolmen, detectives and other employees as shall be deemed necessary by the Mayor and Council of the Town of Belvidere.
[Amended 12-1-2003 by Ord. No. 2003-12]
The Police Commissioner, as designated the appropriate authority in this chapter, shall be responsible for the adoption and promulgation of rules and regulations for the government of the Police Department and for the promulgation of rules and regulations for the discipline of its members, subject to approval of the Mayor and Council.
A. 
The Mayor shall annually appoint a Police Committee consisting of two members from Town Council, as set forth in the Council bylaws, that is, Chairman of Police Committee and Vice Chairman of Police Committee.
B. 
The Chairperson of the Police Committee shall be known as the "Police Commissioner." The Police Department shall be under the general direction of the Police Committee. The Police Commissioner shall be the liaison between the Police Chief and the Police Committee and shall have and exercise such other powers and perform such other functions as set forth in this chapter.
Every appointee to the Police Department shall comply with all the laws of the State of New Jersey with respect to general qualifications of members of a police department. No person shall be appointed to the Police Department unless he or she at the time of the appointment shall be a resident of the State of New Jersey and a citizen of the United States; 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; a high school graduate; able to read, write and speak the English language well and intelligently; of good moral character; and has not been convicted of any criminal offense involving moral turpitude.
A. 
A medical doctor licensed to practice medicine in New Jersey shall be appointed by the Mayor, subject to confirmation by the Town Council. The Physician shall examine all members of the Police Department or appointees to the Police Department whenever required by this chapter or the rules and regulations as promulgated by the Town Council and report in writing the results of such examinations with his opinions as to physical fitness for police work of the person examined.
B. 
Every member of the Town of Belvidere Police Department shall be required to have at least one physical examination by the Physician annually. Such examination shall be conducted at such time as the Police Chief shall designate. Records of said physical examinations shall be kept on file by the Chief of Police.
C. 
Every member of the Town of Belvidere Police Department must maintain himself or herself in proper physical condition and good appearance at all times. The Police Committee or the Chief of Police may require any member of the Police Department to be examined by the Physician when, in the opinion of the Police Committee or Chief of Police, such member gives evidence that he or she is unable to perform properly the duties of his or her position.
D. 
Recommendations of the Physician for corrective measures of physical deficiencies interfering with the duties of a member of the Town of Belvidere Police Department shall be followed by such member, subject to the approval of the member's personal physician.
Each member of the Town of Belvidere Police Department shall, before entering upon the performance of his or her duties, take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this state, support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Town Clerk within 10 days after appointment.
A. 
Uniforms and equipment of the Town of Belvidere Police Department shall be furnished by the Town of Belvidere and remain its property. Such uniforms and equipment shall be issued by the Chief of Police, who shall take a receipt from the members obtaining the property. The members of the Department receiving uniforms and equipment shall be held responsible for the same, and upon leaving the Department for any cause, shall return to the Chief of Police all property belonging to the Town. Reasonable value of any property, including uniforms and equipment, not returned shall be deducted from the amount of salary or wages due such member. Requests for replacements of uniforms shall be made by members of the Department to the Chief of Police, and the Chief of Police shall make application therefor through the Police Commissioner to the Mayor and Council.
B. 
The members of the Town of Belvidere Police Department shall, when on duty, wear such uniforms and equipment as shall be prescribed from time to time by the Town Council and shall at all times present a neat, clean and respectable appearance.
[Amended 12-1-2003 by Ord. No. 2003-12]
A. 
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Police Commissioner for the efficiency and routine day-to-day operations thereof and shall, pursuant to policies established by the Police Commissioner as the appropriate authority:
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
(2) 
Have, exercise, and discharge the functions, powers and duties of the force;
(3) 
Prescribe the duties and assignments of all subordinates and other personnel;
(4) 
Delegate such of his or her authority as he or she may deem necessary for the efficient operation of the force to be exercised under his or her direction and supervision; and
(5) 
Report at least monthly to the Police Commissioner, in such form as shall be prescribed by such authority, on the operation of the Department during the preceding month, and make such other reports as may be requested by such authority.
B. 
The control and discipline of the Police Department and of its members and all employees of the Department and special police shall be vested in the Chief of Police, in accordance with the rules and regulations for the government of the Department and for the discipline of its members, and he or she shall have the power to enforce all of the Department regulations and may punish their violations by reprimand. Should the Chief deem the violation to be of a serious nature, he or she shall report it, through the Police Commissioner, to the Mayor and Town Council, together with his or her recommendations as to the filing of charges.
C. 
The Chief of Police shall from time to time recommend, through the Police Commissioner, to the Mayor and Town Council the purchase of new equipment or the repair of existing equipment. He or she shall have charge and control of all apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
D. 
The Chief of Police shall have such other powers and perform such other duties as may be provided in the Department regulations adopted and promulgated by the Police Commissioner.
A. 
Every permanent member of the Town of Belvidere Police Department shall hold office and continue in employment during good behavior and efficiency, and no such person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established or hereafter established for the Department or absence from duty without just cause for five days or more.
B. 
Any member of the Police Department may be suspended, removed, fined or reduced in rank for just cause upon due notice and service of written charges and a hearing as required by law.
A. 
When the Town Council shall, for reasons of economy, find it necessary to decrease the number of members or employees in the Police Department or of any grade or rank thereof in the Town of Belvidere, it shall proceed in the following manner:
(1) 
If the Town Council shall determine to decrease the number of any of the higher ranks or grades of the Police Department, it shall demote such member or employee, or members or employees, of such higher rank or ranks to the next rank below. It shall not remove any such member or employee from such Department for reasons of economy, except as hereinafter provided, and in any such demotion from the higher rank or grade, the member or employee to be demoted shall be the last one so appointed to such higher rank or grade.
(2) 
All dismissals or removals from the Department for reasons of economy shall be made from the last person or persons appointed to the Department, regardless of the rank of such person at the time of decreasing the number of employees.
B. 
If any officer, employee or member of said Police Department shall be demoted to a lower rank or grade for reasons of economy, such member or employee shall be carried on a special list, and when promotions are made to such higher rank or grade, the person demoted on the ground of economy shall be the first to be restored to the rank from which he or she was demoted.
Whenever the male gender is used in this chapter, it shall be deemed to include the female gender.
[Added 5-6-2013 by Ord. No. 2013-03]
A. 
To qualify for appointment or promotion of Chief of Police in the Town of Belvidere, any person must meet all applicable qualifications set forth in § 74-126 of the Code of the Town of Belvidere and shall have further qualifications as follows:
(1) 
A minimum of 10 years' service in a police department or other law enforcement agency of the State of New Jersey;
(2) 
A bachelor's degree as awarded from a college or university accredited by a national or regional accreditation organization is required;
[Amended 3-17-2014 by Ord. No. 2014-03]
(3) 
Have a minimum of five years' experience as a superior officer in a law enforcement agency with such experience to include administrative duties and functions;[1]
[1]
Editor's Note: Original § 43-16A(4), regarding passing grades on a uniform examination, which immediately followed this subsection, was repealed 3-17-2014 by Ord. No. 2014-03.
(4) 
Possess a satisfactory record of compliance with rules and regulations of any law enforcement agency in which candidate was previously and currently employed;
(5) 
Possess a record demonstrating commitment to police training and administration;
(6) 
Submitted to a psychological screening and physical examination with satisfactory results;
(7) 
Capable of appointment to the position, if otherwise qualified, in accordance with N.J.S.A. 40A:14-129 and such other applicable law as is now and may hereafter be enacted by the State of New Jersey;
(8) 
Be well versed in all aspects of running a police department to include supervisory experience, scheduling experience, budgeting experience and be certified in all duty firearms used in the department;
(9) 
Must be a resident of the State of New Jersey with preference being given to residents of the County of Warren, State of New Jersey, and must become a resident of the Town of Belvidere within 12 months of appointment.
B. 
Appointment. Appointment to such position shall give due consideration to the length and merit of a candidate's service as a police officer with the evaluation of merit to include, but not be limited to, a candidate's record of compliance or noncompliance with police agency rules and regulations in his/her present and previous employment.