[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-1-2000 by Ord.
No. 2000-2[1]; amended in its entirety 9-15-2009 by Ord. No. 2009-13 (Ch. 50, Art. I, of
the 1986 Code)]
[1]
Editor's Note: This ordinance also repealed former Art.
I, General Provisions, adopted 6-15-1971, as amended.
A.Â
There is hereby established a Police Department in the Borough of
Penns Grove, County of Salem and State of New Jersey, pursuant to
the provisions of N.J.S.A. 40A:14-118 et seq. This article is intended
to ratify the existence and operation of the Police Department which
has historically operated within and served the Borough of Penns Grove
and at the same time satisfy the statutory requirements of the legislation
amended in 1981 and 1988 respectively.
B.Â
The mission and purpose of this Police Department are generally threefold:
to preserve life and property; to provide a general police service
for the residents of the Borough of Penns Grove, Salem County, State
of New Jersey; to enforce federal, state, county and municipal laws,
statutes and ordinances; and as hereinafter may be more expressly
defined.
A.Â
Said Police Department will be governed by one Appropriate Authority
and shall consist of one Chief of Police. In addition, the Police
Department shall consist of no more than one lieutenant, four sergeants,
two detectives, four corporals, four patrolmen, three special patrolmen
and other civilian employees as deemed necessary and appropriate by
the Appropriate Authority in his/her discretion and judgment, with
the approval of the governing body. The Appropriate Authority and/or
the governing body may, from time to time, leave one or more of the
above positions vacant as he/she or it sees fit. The express purpose
for naming these offices is to establish a statutory line of authority
from all police employees to higher elected authority as required
by law and to provide the organizational framework for future growth
and/or attrition or reduction in force as may become applicable. Whenever
any such office, including the office of Chief of Police, is intentionally
left vacant, it will be deemed not to exist and will be bypassed in
the chain of command (e.g., if the governing body chose to no longer
have sergeants of police, then all civilian employees, patrolmen and
detectives would answer directly to a lieutenant or the next higher
rank in lieu thereof). The Appropriate Authority, with the approval
of the governing body, may thereafter recreate or resurrect an office
that has been so abolished by naming a person to fill said office.
No person may be appointed to the Penns Grove Borough Police Department
until he or she has satisfied all statutory requirements and has complied
with the selection process and standards established by the rules
and regulations adopted by the Appropriate Authority to govern the
Police Department.
[Amended 6-8-2011 by Ord.
No. 2011-7; 10-18-2011 by Ord. No. 2011-11; 7-5-2017 by Ord. No. 2017-5]
B.Â
Jurisdiction.
(1)Â
Appropriate authority. Said Police Department shall come under the
jurisdiction of the Appropriate Authority, which position is hereby
created pursuant to N.J.S.A. 40A:14-118. Said Appropriate Authority
shall be the Mayor. The Appropriate Authority shall be responsible
directly to the governing body. The Chief of Police shall be directly
responsible to the Appropriate Authority for the day-to-day operation
of the Police Department pursuant to policies established by said
Appropriate Authority. The Appropriate Authority is hereby vested
with the duty of and shall be responsible for the promulgation, adoption,
updating, and/or ratification of rules and regulations for police
personnel which shall be known as the "Rules and Regulations for the
Police Department of the Borough of Penns Grove" (N.J.S.A. 40A:14-118).
In the absence of the appointment of a full-time professional Director
of Public Safety and/or a Police Director, the Chairman of the Police
Committee or his/her designee shall have the title of Police Director.
[Amended 2-7-2012 by Ord.
No. 2012-1]
(2)Â
Hearing authority.
[Amended 6-8-2011 by Ord.
No. 2011-7]
(a)Â
In the event a collective bargaining agreement is not controlling
and disciplinary proceedings are brought against any member of the
Police Department of the Borough of Penns Grove below the rank of
Chief of Police, the Police Committee or its designee shall be the
sole hearing authority in charge of all such proceedings. The decision
of the hearing authority shall be final and binding. The right of
appeal shall be to the New Jersey Superior Court pursuant to law.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(b)Â
In the event of any disciplinary proceedings against the Chief
of Police of the Borough of Penns Grove, the Police Committee of the
Borough of Penns Grove shall be designated as the hearing authority
and in charge of all such proceedings. The decision of said hearing
authority shall be final and binding. The right of appeal shall be
to the New Jersey Superior Court pursuant to law.
(c)Â
In the event a designated hearing authority is utilized pursuant to Subsection B(2)(a) above and the designated hearing authority is to be an officer within the Penns Grove Borough Police Department (e.g., Chief of Police), only a person of greater rank than the person charged may be so designated for that purpose.
(3)Â
Charging authority.
(a)Â
In the event a Penns Grove Borough Police Department officer
is to be charged in a disciplinary action and said employee is subordinate
to the rank of the Chief of Police, only the Chief of Police or his
designee may initiate such charges (N.J.S.A. 40A:14-118). In the event
the office of the Chief of Police has been abolished through intentional
vacancy, then the Appropriate Authority or his/her designee shall
function as the charging authority. Failure to initiate charges when
the same are indicated may constitute a neglect or dereliction of
duty [Gauntt v. Bridgeton, 194 N.J. Super. 468, 477 A.2d 381 (App.
Div. 1984)], but the function of the charging authority may not be
circumvented.
[Amended 6-8-2011 by Ord.
No. 2011-7; 7-5-2017 by Ord. No. 2017-5]
(b)Â
In the event the Chief of Police for the Borough of Penns Grove
is to be charged in a disciplinary action, the Appropriate Authority
shall be the charging authority. The Appropriate Authority is hereby
empowered to name a designated special counsel to function as an alternative
charging authority without prior Council approval in an emergency.
This is necessitated by the statutory time lines involved in the charging
process. Notwithstanding this authority, at the earliest opportunity
the Appropriate Authority shall inform Council of the action that
he has taken and obtain its approval.
[Amended 6-8-2011 by Ord.
No. 2011-7]
(c)Â
Any person(s), whether police officer, special counsel, or the
Appropriate Authority, who serves in an investigative capacity and/or
as the charging authority relevant to a Penns Grove Borough Police
Department disciplinary action may not thereafter be designated as
or serve as the hearing authority in that same disciplinary action.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(4)Â
Appeals.
[Amended 6-8-2011 by Ord.
No. 2011-7]
(a)Â
Any employee seeking to appeal disciplinary charges shall do so in
writing submitted to the office of the Chief of Police. Said appeal
shall be filed within five days, not including Saturdays, Sundays
and holidays, of the date said charges were served upon said employee.
When charges are filed against the Chief of Police, he shall, within
five days, not including Saturdays, Sundays and holidays, file said
appeal with the Police Committee of the Borough of Penns Grove. In
the event an appeal is filed by any employee, the hearing authority
shall schedule a hearing in accordance with the provisions of this
article and state statute. A preliminary notice of disciplinary action
served on any employee shall contain the date, time and location for
a prospective hearing as required by statute. That hearing date may
be postponed at the discretion of the hearing authority within the
statutory time lines. Any postponement beyond the statutory thirty-day
time line would generally require a waiver of the thirty-day rule
by the employee and a formal request for said postponement. However,
all employees are put on notice that a failure to submit the required
written request for an appeal would constitute an act of insubordination
and may affect the employee's rights pertaining to said statutory
time lines, the discovery proceedings, as well as other legal rights
and remedies appurtenant thereto.
(b)Â
Notwithstanding any provision to the contrary contained in this article,
the grievance procedure respecting disciplinary charges, and any appeals
thereof, against any member of the Police Department shall follow
that established in any collective bargaining agreement between the
Borough of Penns Grove and any employee of the Police Department covered
under such collective bargaining agreement.
C.Â
Special law enforcement officers. The Appropriate Authority shall,
with the approval and consent of the Borough Council, appoint special
law enforcement officers as he/she or it may deem necessary. They
shall be a part of the Police Department established herein and subject
to all the laws, rules and regulations governing the same. Pursuant
to N.J.S.A. 40A:14-146.8 et seq., the term of said appointment shall
be at the discretion of the governing body. The personnel referred
to in this subsection shall be compensated at such hourly rate as
designated in the Borough's Salary Ordinance. Said personnel
shall serve at the compensation, if any, established by ordinance
or as modified or changed by the governing body.
[Amended 6-8-2011 by Ord.
No. 2011-7; 7-5-2017 by Ord. No. 2017-5]
D.Â
Civilian employees. The Appropriate Authority shall, with the approval
and consent of the governing body, appoint such civilian members of
the Police Department to serve in the services division as he/she
or it may deem necessary. Said members are to serve as school crossing
guards and/or to provide dispatching services, clerical duties and
logistical duties in support of the Police Department. Such civilian
employees will serve in the job classifications created for that purpose,
but not necessarily limited to the same.
E.Â
F.Â
Monthly reports to the Appropriate Authority. The Chief of Police
shall submit monthly reports to the Appropriate Authority in such
form as shall be prescribed by said Authority on the operation of
the force during the preceding month and make such other reports as
may be requested by said Appropriate Authority.
G.Â
Policies established by the Appropriate Authority to govern day-to-day
operations. Pursuant to N.J.S.A. 40A:14-118, the Chief of Police,
if such office is filled, shall be directly responsible to the Appropriate
Authority for the efficiency and routine day-to-day operations thereof
and he shall pursuant to policies established by the Appropriate Authority
perform his assigned duties. Therefore, the Appropriate Authority
shall issue whatever operations orders, general orders, or standard
operating policies are deemed appropriate and necessary for the operation
of the Department. Other than for emergency directives, any such operational
policies promulgated by the Chief of Police shall require ratification
by the Appropriate Authority. All such policies will be submitted
to the Appropriate Authority and will take effect 10 days later absent
a response from the Appropriate Authority to the contrary. This will
hereafter be referred to as the "ten-day review rule."
H.Â
External investigations. The governing body may appoint a committee
and/or designate special counsel to conduct investigations of the
operation of the police force and may delegate to such committee or
special counsel any and all lawful powers of inquiry. The Appropriate
Authority or its designee, or any other elected or appointed official
within the municipality, or special counsel appointed by the governing
body, may examine the operations of the force or the performance of
any officer or member thereof. In conducting any such external investigation
or examination, the investigating or examining authority shall not
be bound by those internal affairs investigation guidelines or regulations
governing the Police Department in conducting its own internal investigation.
I.Â
Emergency directives. Nothing herein contained shall infringe upon
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 (N.J.S.A.
40A:14-118).
J.Â
Hours of employment.
[Amended 6-8-2011 by Ord.
No. 2011-7]
(1)Â
The
hours of employment of sworn and/or uniformed members of the Police
Department shall not exceed eight consecutive hours in any one day
or 40 hours in any one week, provided that, in case of an emergency,
the officer, board, or other official having charge or control of
the Police Department or police system shall have full authority to
summon and keep on duty any and all such members during the period
of emergency. The 40 hours per week requirement may, with approval
of the Appropriate Authority, be satisfied over an extended work period
as provided by § 7K of the Fair Labor Standards Act.
(2)Â
Notwithstanding
any provision to the contrary contained in this article, the hours
of employment for uniformed members of the Police Department shall
follow the hours of employment established in any collective bargaining
agreement between the Borough of Penns Grove and any employee of the
Police Department covered under such collective bargaining agreement.
K.Â
Appointments.
(1)Â
All members of the Police Department shall be appointed by the Appropriate
Authority, with the advice and consent of the governing body, and
are to hold their offices as provided by law.
(2)Â
No person shall be appointed as a member of the Police Department
in the Borough of Penns Grove who has failed, prior thereto, to have
duly executed and signed a written application for such employment,
upon a form supplied by the Borough Clerk, requiring relevant data
to be submitted by the applicant therein, and shall have also indicated
therein his willingness to undergo a required preemployment physical
examination and a preemployment psychiatric examination.
(3)Â
Appointments to new positions or offices or to fill vacancies shall
also be subject to state laws.
L.Â
Qualifications.
(1)Â
Each applicant shall comply with all the laws of the State of New
Jersey pertaining thereto. No person shall be given or accept a permanent
appointment as a police officer in the Borough unless he has first
been given a probationary or temporary appointment to such office
for a period of one year after successfully completing a police training
course at a school approved and authorized by the Police Training
Commission in the Department of Law and Public Safety of the State
of New Jersey, pursuant to the provisions of Chapter 56 of the Laws
of 1961 and amendments thereto.[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-66 et seq.
(2)Â
No person shall be appointed to the Police Department as a regular
or probationary member unless, at the time of making application,
he is between the age of 18 and 35 years of age, except as otherwise
provided by law. The applicant shall be a citizen of the United States
of America and the State of New Jersey, and preference shall be given
to those applicants who have been residents of the Borough of Penns
Grove for a period of at least six months prior to the date of application.
M.Â
Oath of allegiance. Each member of the Police Department shall, before
entering upon the performance of his duties, take and subscribe an
oath to bear true faith and allegiance to the government established
in this state, to 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. Such
oath or affirmation shall be filed with the Borough Clerk.
A.Â
The Appropriate Authority pursuant to N.J.S.A. 40A:14-118 is hereby authorized to update, adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members with a view to making the Police Department and all members thereof efficient, vigilant and effective in the service of the Borough of Penns Grove. Said rules and regulations will be in manual form and shall be called the "Rules and Regulations of the Police Department for the Borough of Penns Grove" and shall govern the conduct of and be binding upon the entire membership of said Police Department, including the Chief and all subordinates as listed in § 116-2 hereof. Said Rules and Regulations shall provide for penalties and forfeitures for violations thereof.
B.Â
The Rules and Regulations, which shall include all parts of the Police
Ordinance of the Code of the Borough of Penns Grove, shall be distributed
in manual form as follows: A serialized copy will be issued to and
signed for by each employee of the Police Department for the Borough
of Penns Grove. The Chief may not amend or change these rules except
through action taken by the Appropriate Authority. A copy will be
maintained by the Borough Clerk for the personnel designated as special
officers and to provide public access to the same.
C.Â
All members and employees who are assigned a manual shall be responsible
for its maintenance and care. Said manuals shall remain the property
of the Borough of Penns Grove, County of Salem, State of New Jersey,
and, upon separation from police service, each person is bound to
return the same. Each person will be responsible for the security
of his/her manual, and loss of the same will constitute neglect of
duty and will result in disciplinary action. All manuals shall be
kept current, and supplementary pages concerning additions, revisions
or amendments shall be promptly and properly inserted. No Police Department
operating policies will be inserted as part of this manual unless
and until properly assimilated and endorsed by the Appropriate Authority.
D.Â
Each police officer and each civilian employee is duty bound to thoroughly
familiarize himself/herself with the provisions of the Police Manual.
Failure to comply shall be considered neglect of duty.
E.Â
In the event neglect of duty is charged against a member for failure
to observe the rules and regulations or Department procedures or orders,
ignorance of any provision of this manual will not be accepted as
an excuse.
[Adopted 4-3-1973 by Ord.
No. 73-3 (Ch. 50, Art. II, of the 1986 Code)]
In accordance with the provisions of N.J.S.A. 40A:14-139 there
is hereby created in the Borough of Penns Grove the position of Police
Clerk.
The duties of said Clerk shall be typist, file clerk, general
clerical work, keeping of necessary records, preparation of required
reports, assisting the Chief of Police in the operation of his office
and maintenance of records and reports and, when required by the Chief,
may fill in as a dispatcher.
The salary of the Clerk shall be as set forth in the salary
ordinances of the Borough which designate the salary of other Borough
employees.
