[Adopted 8-16-1971 by Ord. No. 662 as
Ch. 24, Art. I, of the 1971 Code; amended in its entirety 8-4-2014 by Ord. No.
1551]
There is hereby established a department of municipal government
of the Borough of Collingswood to be known and designated as the "Police
Department of the Borough of Collingswood." The office of Chief of
Police is hereby affirmed.
A.
The Chief of Police and all other appointments to or promotions within
the Department shall be made by the appropriate authority or as otherwise
provided by law.
B.
Appointment of the Chief of Police.
(1)
When a vacancy occurs in the position of Chief of Police, the Mayor shall establish a "Chief of Police Hiring Committee," which shall be comprised of no less than three and no more than five persons which shall include among its members the Director of the Department of Public Safety and the Borough Administrator. The Director of the Department of Public Safety is designated as the appropriate authority under § 57-7 of this chapter.
(2)
The Chief of Police Hiring Committee shall accept and review applications
from prospective eligible Collingswood police officers. Said applications
shall include, at a minimum, a cover letter describing the individual,
his or her interest in the position, expectations for the position
of Police Chief and vision for the Department, a history of prior
promotions starting with the date of hire, and a writing sample commensurate
with the job duties. The application shall also include a waiver permitting
the Hiring Committee to have access to the individual's personnel
file to review all commendations and discipline, if any.
(3)
The Hiring Committee may interview qualified candidates and make
a recommendation to the Borough Commissioners.
(4)
The Commissioners, by resolution adopted by a majority vote of the
members, shall appoint the Chief of Police.
(5)
The removal of the Chief of Police shall be in the manner and as
provided by law.
C.
Hiring and promotion of police officers other than the Chief of Police.
(1)
When a vacancy exists in the Department in a position other than
position of Chief of Police, the Chief shall post an announcement
in the Department or, for new hires, through appropriate channels,
inviting eligible applicants to apply for the position.
[Amended 12-6-2021 by Ord. No. 1721]
(2)
Officers or potential applicants, as the case may be, shall make
application by submitting a resume and cover letter to the Borough
Administrator indicating why the individual believes he/she/they are
the best candidate for the position.
[Amended 12-6-2021 by Ord. No. 1721]
(3)
The Chief of Police shall review applications received, interview
applicants and perform background checks including medical screening.
[Amended 12-6-2021 by Ord. No. 1721]
(4)
The Chief of Police may utilize additional officers in this process
as long as those individuals are not currently seeking the vacant
promotion position.
(5)
The Chief of Police shall make recommendation to the Director of
the Department of Public Safety and the Borough Administrator.
(6)
The Director of the Department of Public Safety and the Borough Administrator
may, but are not required, to conduct a second round of interviews.
(7)
Examination of applicants. At any time in the process the Borough
may, in its discretion, administer an examination to be given to each
applicant, either written or oral, or both, the purpose of which shall
be to test the mental and moral fitness of the applicant.
(8)
The Director shall make recommendation to the Commissioners for action.
(9)
Upon a conditional offer of hire, applicants for initial hire shall
be subject to drug screening and psychological testing.
A.
Any person appointed an officer or member of the Police Department
must be:
[Amended 12-6-2021 by Ord. No. 1721]
(1)
A citizen of the United States and a citizen of the State of New
Jersey as required by law.
(2)
Of sound body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
that such person is eligible for membership in the retirement system.
(3)
Able to read, write and speak the English language well and intelligently.
(4)
Of good moral character.
(5)
Able to pass such physical examination and drug screening conducted
by a qualified physician designated by the Borough Administrator.
B.
No person shall be eligible for appointment who has been convicted
of any crime constituting an indictable offense or who has been convicted
of any crime or offense involving moral turpitude that, in the judgment
of the Borough Administrator, would be prejudicial to the morale or
effectiveness of the Police Department.
C.
No person shall be eligible for appointment who is less than 18 or
more than 35 years of age, except as such age limitations are affected
by N.J.S.A. 38:23A-2, and provided that nothing herein contained shall
be construed to prohibit the continuance in office or employment of
any person who is permanently employed by the municipality in the
Police Department at a fixed annual salary and whose sole occupation
is that of police officer.
[Amended 12-6-2021 by Ord. No. 1721]
[Amended 7-6-2015 by Ord.
No. 1572]
The uniformed officers of the Department shall include the Chief of Police (one), Deputy Chief (one), Captain (one), Sergeants (up to six), Patrolmen (up to 22) and such Class I and Class II officers as permitted in § 57-18.
The Director of the Department of Public Safety, as the appropriate
authority, shall, by ordinance, make or prescribe such rules and regulations
for the operation of the Police Department as it shall deem advisable,
which rules and regulations shall be binding on all members of the
Police Department and special law enforcement officers. Such rules
and regulations may cover the duties, conduct and discipline of all
members and special law enforcement officers, uniforms and equipment
to be worn or carried, hours of service, leaves of absence, vacations
and all other similar matters necessary or desirable for the better
efficiency of the Department.
[Amended 12-6-2021 by Ord. No. 1721]
In addition to the statutory duties as the appropriate authority,
the Director of the Department of Public Safety shall have and exercise
the following authority and shall perform the following duties:
A.
The Borough Administrator shall have supervisory responsibility for
the conduct of the Police Department and the efficient and effective
operation thereof, subject to the appropriate authority as set forth
in N.J.S.A. 40A:14-118 and hereinafter designated. The Borough Administrator
shall be responsible for the enforcement by the Police Department
under the direction of the Chief of Police of the applicable laws
of the state and ordinances of the Borough and for the administration
of the rules and regulations prescribed for the conduct and control
of the Department, subject to the directives of the appropriate authority.
B.
He/she/they shall, in the exercise of his/her/their authority and
in order to accomplish his/her/their duties, issue such orders and
give such instructions as he/she/they may, from time to time, deem
necessary or proper in the operation, administration and management
of the Police Department and in relation to the work of the special
law enforcement officers assigned to active duty, subject to the directives
of the appropriate authority.
[Amended 12-6-2021 by Ord. No. 1721]
[Amended 12-6-2021 by Ord. No. 1721]
The Chief of Police shall be the head of the police force. He/she/they
shall be directly responsible to the appropriate authority for the
efficiency and routine day-to-day operations of the police force.
The Chief of Police shall, pursuant to policies established
by the appropriate authority:
A.
Administer and enforce any rules and regulations for the disposition
and discipline of the force and its officers and personnel as promulgated
by ordinance or the appropriate authority.
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/her/their authority as he/she/they may deem
necessary for the efficient operation of the force, to be exercised
under his direction and supervision.
[Amended 12-6-2021 by Ord. No. 1721]
[Amended 7-6-2015 by Ord.
No. 1572]
The Police Department shall consist of the Chief of Police,
one Deputy Chief, one Captain, up to six Sergeants, up to 18 patrolmen,
and any civilian personnel as deemed appropriate by the Borough Commission.
The salaries for the members of the Police Department shall
be established by the Borough Commission in the annual Salary Ordinance
or as amended during the year.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in
the Borough offices.
All members of the Police Department shall, before entering
upon the performance of their duties, take and subscribe an oath of
office and such other oaths as may be required by law.
[Amended 7-6-2015 by Ord.
No. 1572]
The Chief of Police, Deputy Chief of Police, Captain, Sergeants,
and patrolmen shall have the power and authority conferred upon members
and officers of such police force by N.J.S.A. 40A:14-118 and 40A:14-152.
The Chief of Police shall be subordinate to the Borough Administrator
and shall receive his orders from the Borough Administrator. The Administrator
shall be subordinate to and shall receive his orders from the Director
of the Department of Public Safety, who is hereby designated as the
"appropriate authority," pursuant to N.J.S.A. 40A:14-118.
The Borough Commission shall, at all times, have full power
and authority to amend or supplement this article and the rules and
regulations which are hereafter adopted, to repeal any part of this
article and to repeal or supplement any one or more of the regulations.
It shall be the duty of the members of the Police Department
and special law enforcement officers, when assigned to active duty,
to see to the enforcement of all applicable state laws and ordinances
of the Borough and to preserve order and prevent infractions of the
law and to arrest violators thereof. Every member of the Police Department
and special law enforcement officer shall conduct himself in a proper
and law-abiding manner at all times and shall avoid the use of unnecessary
force. Each member of the Department and special law enforcement officer
shall obey the orders and directions of his supervisors and shall
comply with the provisions of this article and the rules and regulations
of the Department.
A.
As permitted by the law, the Borough Administrator may appoint special
law enforcement officers for terms not exceeding one year. Such appointments
may be revoked for cause after adequate hearing, unless the appointment
is for four months or less, in which event the appointment may be
revoked without cause or hearing. They shall not be members of the
Police Department, and their powers, rights and duties shall immediately
cease at the expiration of the term for which they were appointed
or upon revocation of their appointment.
B.
No person shall be appointed as such special law enforcement officer
unless the person:
(1)
Is a resident of this state during the term of appointment.
(2)
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
(3)
Is sound in body and of good health.
(4)
Is of good moral character.
(5)
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office.
(6)
Has successfully undergone the same psychological testing that is
required of all full-time police officers in the municipality.
C.
Every applicant for the position of special law enforcement officer
appointed pursuant to this section shall have fingerprints taken,
which fingerprints shall be filed with the Division of State Police
and the Federal Bureau of Investigation.
D.
Every such special law enforcement officer shall be under the supervision
and direction of the Chief of Police except as otherwise provided
in this article.
E.
Every such special law enforcement officer shall perform his or her
duties only when expressly assigned to active duty and only within
the limits of the municipality except when in fresh pursuit of any
person pursuant to the provisions of N.J.S.A. 2A:156-11 et seq.
F.
Every such special law enforcement officer shall comply with the
provisions of this article and the rules and regulations promulgated
for the conduct and decorum for the regular members of the Police
Department.
G.
Appointments as special law enforcement officers shall be made in
accordance with N.J.S.A. 40A:14-146.8 et seq., and their duties and
qualifications shall be as set forth therein.
[Amended 7-6-2015 by Ord.
No. 1572]
H.
Pursuant to N.J.S.A. 40A:14-146.17, it is hereby established that
the number of Class One special officers shall be limited to 10, and
the number of Class Two special officers shall be limited to six.
The classifications shall be based upon the duties to be performed
by the special law enforcement officer as follows:
(1)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the New Jersey Statutes.
The use of a firearm by an officer of this class shall be strictly
prohibited, and no Class One officer shall be assigned any duties
which may require the carrying or use of a firearm.
(2)
Class Two. 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
Borough.
[Amended 12-6-2021 by Ord. No. 1721]
No member shall be suspended or removed from office or employment
in the Police Department for political reasons or for any other cause
than incapacity, misconduct or disobedience or for violation of this
article or the rules and regulations established for the government
of the Police Force and Department. No member of the Police Department
shall be suspended, removed, fined or reduced from office or employment
therein except for just cause and then only after written charge or
charges of the cause or causes of complaint shall have been preferred
against such member, signed by the person or persons making such charge
or charges and filed in the office of the Borough Administrator and
a copy thereof served upon such member within 15 days after the filing
thereof and after the charge or charges shall have been examined by
the Borough Administrator upon reasonable notice to the person charged,
which examination shall be commenced not less than 15 days nor more
than 30 days after said copy of such charge or charges shall have
been so served. It is the intent of this section to give every member
against whom a charge or charges for any cause may be preferred under
this section a fair trial upon said charge or charges and every reasonable
opportunity to make any defense he/she/they have or choose to make
and that, in the event of failure of compliance with any provision
of this section, such charge or charges shall be dismissed.
A.
If any member of the Police Department shall be suspended pending
trial on charges, such trial shall be commenced within 30 days after
service of a copy thereof upon him; otherwise, the charges shall be
dismissed and the member returned to duty.
B.
Upon the trial on charges of any member of the Police Department,
the appropriate authority, if the member shall be found guilty of
the charges, may, in lieu of dismissal from the Department, impose
such penalty as, in its judgment, is warranted by the character of
the offense.
C.
The Borough Administrator may recommend, in the event of any trial
on charges against any member of the Police Department, the employment
of a hearing officer to conduct the hearing and make findings of fact
and recommendations to the Borough Administrator. The appropriate
authority shall also have the authority to employ special counsel who
shall be an attorney at law of the State of New Jersey to review the
charges against any such member and to present the same at the hearing
on behalf of the person or persons filing the charges. In the event
that it is deemed necessary by the appropriate authority to employ
the services of a hearing officer or special counsel, the Administrator
shall report the appointment of the same at the next succeeding Commission
meeting after such appointment. The hearing officer shall not be employed
in any capacity by the Borough or any boards created by ordinance.
Throughout this article, the masculine gender shall include
the feminine, and the singular number shall include the plural, and
vice versa, unless the context of this article indicates otherwise.
