[Adopted as Ch. 24 of the 1973 Code]
[Amended 4-9-1975; 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
There is hereby established in the Borough of Somerdale, County of Camden, a Police Department which shall consist of a Police Chief and such number of officers, including Lieutenant, Sergeant or Detective, as the Police Chief, in consultation with the Mayor and Council, may deem proper to appoint.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
The officers and members of the Police Department shall be appointed by the Police Chief, subject to confirmation by the Mayor and Council, in the manner prescribed by law for making of such appointments. Such persons so appointed shall receive the salary as may be determined by the Mayor and Council or as reached through collective bargaining with any recognized union.
The officers and members of the Police Department shall have the power to serve and execute all processes issuing out of the Municipal Court of the Borough of Somerdale and shall have such powers and duties as shall be prescribed by the laws of the State of New Jersey, the applicable ordinances and resolutions of the Borough of Somerdale and such rules, regulations, orders and resolutions as may now or hereafter be adopted for the government and discipline of the Police Department.
The officers and men of the Police Department shall severally hold their respective offices and continue in their respective employment during good behavior and efficiency, and no person shall be removed from, office or employment in the Police Department for political reasons or for any other cause than incapacity, misconduct or disobedience of just rules, regulations, orders and resolutions established or which may be established for the Police Department; provided, however, that any member of the Police Department who shall be absent from duty without just cause for a term of five days continuously shall, upon a finding to that effect after a hearing as provided in § 44-12 hereof, be subject to dismissal from the Department.
[Amended 9-12-1990 by Ord. No. 90:09]
To be eligible for appointment to the Police Department of the Borough of Somerdale, a person must be a citizen of the United States for one year next preceding his appointment and must be of good moral character and at no time ever convicted of a crime involving moral turpitude and must meet all other tests and qualifications established by statute, particularly the eligibility requirements of the New Jersey Department of Personnel.
[Amended 9-12-1990 by Ord. No. 90:09; 4-14-1993 by Ord. No. 93:03]
A. 
Special police officers, including men and women, may be appointed by Mayor and Council pursuant to the provisions of the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8 et seq., as in effect and as may be amended or supplemented from time to time.
B. 
Class one special officers, in addition to being authorized to perform routine traffic detail, spectator control and similar duties, are hereby authorized to issue summons for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the New Jersey Revised Statutes, all under the direction of the Police Chief or his designated appointee.
C. 
Class two special officers are 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 a Class two special officer is authorized only after such officer has been fully certified as successfully completing training as prescribed by the New Jersey Police Training Commission.
D. 
Class three special officers are authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school on the school premises during hours when the school is normally in session or when it is occupied by students, teachers or professors. While on duty, an officer may respond to offenses or emergencies off school property if they occur in the officer's presence while traveling to a school facility, but an officer shall not otherwise be dispatched or dedicated to any assignment off school property.
[Added 9-14-2022 by Ord. No. 2022:09]
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
A. 
The Police Chief shall be the executive officer of the Police Department, subject to such rules, regulations and orders as may from time to time be prescribed by the Mayor and Council.
B. 
The Police Chief shall arrange for the keeping of a record of the work and operations of the Police Department and shall, at the end of each month, prepare and present to the Mayor and Council a report of the work and operations of the Department for the preceding month.
C. 
The Police Chief shall be a full-time employee irrespective of whether other officers or patrolmen are on a part-time basis.
D. 
It shall be the duty of the Police Chief to cause public peace to be preserved and to see that all the laws, ordinances, written orders and resolutions of the Mayor and Council pertaining to police enforcement are properly complied with. He shall faithfully and promptly obey and cause all the personnel under him to obey all the rules, regulations, resolutions, and orders from time to time prescribed by the Mayor and Council.[1]
[1]
Editor's Note: Former §§ 24-8 and 249, dealing with Lieutenants and Sergeants, respectively, which followed this section, were repealed 12-9-1987 by Ord. No. 87-26.
If any member of the Police Department shall absent himself from duty on account of sickness, such member shall be allowed and paid such salary during such absence as may be determined by the Mayor and Council in accordance with statutory rules, regulations and procedure, unless such absence was duo lo injury or illness incurred in the performance of duty, in which case such member shall be entitled to full pay, subject, however, to such limitations as may be otherwise imposed by law.
The headquarters of the Police Department is hereby established in such place or places as the Mayor and Council of the Borough of Somerdale, in the County of Camden, may from time to time designate, which headquarters shall be open for the transaction of business at all hours of the day or night, including Sundays, when officers are available.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
Any officer or member of the Police Department shall be subject to reprimand, deduction of pay, suspension from duty, reduction in rank or dismissal, according to the nature of the aggravation of his or her offense, for violation of orders or for any violation of the rules and regulations governing the Police Department, as adopted by the Mayor and Council pursuant to § 44-13 of this article.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
The Police Chief shall have the power to suspend from duty any member of the Department against whom charges are brought for violating any of the regulations as established by § 44-13 of this article or any applicable law or regulation governing the operation of the Borough Police Department or the conduct of police officers generally. Such suspension may be with or without pay in the discretion of the Police Chief and shall be effective until such time as final decision is rendered after hearing by the Mayor and Council.
[Amended 9-12-1990 by Ord. No. 90:09]
No permanent member or officer of the Police Department shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of the 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 Police Department, 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 shall be not less than 10 nor more than 30 days from the date of service of the complaint. A failure to comply with said provisions as to the service of the complaint shall require a dismissal of the complaint.
A. 
The Mayor and Council shall make such rules and regulations concerning the conduct and duties of the officers and personnel, the kinds of uniform and insignia to be worn by them and concerning such other matters as may be necessary for the proper regulation of the Police Department. When the same have been adopted by the Mayor and Council, they shall be known as the "Rules and Regulations for the Government of the Police Department of the Borough of Somerdale, County of Camden and State of New Jersey" and shall be binding on each officer and member of the Police Department and all special officers and may further make provisions for the acquisition of such apparatus, equipment and vehicles as may be deemed necessary or useful for the Police Department.
B. 
Each member of the Police Department shall be presented with a printed copy of the Rules and Regulations of the Police Department, and any neglect or failure by any member of the Police Department to carry out each and every rule and regulation or order as aforesaid shall be held to be sufficient cause for dismissal from the Department.
There shall be appointed each year by the Mayor and Council a Police Physician who shall serve from January 1 of the year of his appointment for a term of one year.
[Amended 11-10-1976; 5-13-1987 by Ord. No. 87:11; 9-12-1990 by Ord. No. 90:09]
There are hereby established leaves of absence for the permanent full-time members of the Police Department of the Borough of Somerdale. All leave time, including vacation, holiday, sick and compensatory leaves and special leaves with pay, shall be in conformance with New Jersey Department of Personnel regulations and the current contract in effect.