[HISTORY: Adopted by the Township Committee
of the Township of Pennsauken as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-23-2011 by Ord. No. 2011:03[1]]
[1]
Editor's Note: This ordinance amended in its entirety former Ch. 63, Police Department, which comprised Art. I, Establishment, adopted 3-13-1978 by Ord. No. 78-3 as Art. I of Ch. 63 of the 1977 Code, as amended; Art. II, Rules and Regulations, adopted 3-13-1978 by Ord. No. 78-3 as Art. II of Ch. 63 of the 1977 Code; Art. III, Compensation for Court Appearances, adopted 3-13-1978 by Ord. No. 78-3 as Art. III of Ch. 63 of the 1977 Code; and Art. IV, Disciplinary Hearings, adopted 2-10-1988 by Ord. No. 88-1.
A.
There shall be in the Township of Pennsauken, in the County of Camden
and State of New Jersey, a Police Department (hereinafter referred
to as "Police Department" or "police force") which shall consist of
an appropriate authority as defined by N.J.S.A. 40A:14-118, one Police
Chief, and such Captains, Lieutenants, Sergeants, police officers
and civilian employees as deemed necessary and appropriate by the
appropriate authority in his/her discretion and judgment with the
approval of Township Committee. The appropriate authority and/or Township
Committee may, from time to time, in their sole discretion, leave
one or more of the above positions vacant, as they deem fit. The appropriate
authority shall be subject to and answerable to Township Committee
only. The express purpose for naming these offices within the Police
Department is to establish a statutory line of authority from all
police employees to a higher authority.
B.
No personnel may be appointed to the Police Department until they
have satisfied all statutory requirements and have complied with the
selection process and standards established by the rules and regulations
adopted by the appropriate authority to govern said Police Department.
Said appointments are to be made by resolution of the Township Committee
after reviewing the recommendations of the appropriate authority.
C.
The Police Department shall preserve the peace; protect life and
property; detect, arrest and prosecute offenders of the laws of New
Jersey and the ordinances of the Township of Pennsauken; direct and
control traffic; provide attendance at and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers as well as perform all other duties and fulfill all other
responsibilities normally associated with the operation of a police
department.
A.
Appropriate authority. The Police Department shall come under the jurisdiction of the appropriate authority, which is created pursuant to N.J.S.A. 40A:14-118. Said appropriate authority is the Director of Public Safety as defined under Chapter 52, Article II, of the Code of the Township of Pennsauken. The appropriate authority shall be directly responsible to the Township Committee. The appropriate authority, in addition to those powers and duties enumerated in this Chapter 63 and Chapter 52, Article II, of the Code of the Township of Pennsauken, shall be responsible for the operation of the Police Department pursuant to policies established by said authority and shall be responsible for the promulgation, updating and/or ratification of the rules, regulations, policies and/or procedures for police personnel.
B.
Hearing authority.
(1)
In the event of any disciplinary proceeding against any member of
the Police Department, the appropriate authority or his/her designee
shall be the hearing officer and person in charge of all such proceedings.
(2)
Nothing herein shall prevent an attorney at law in the State of New
Jersey to be appointed by resolution of Township Committee or designated
by the appropriate authority as a hearing officer for the purpose
of conducting the disciplinary hearing, receiving evidence, preparing
a record and submitting findings and a proposed recommendation of
penalty to the appropriate authority.
C.
Charging authority. Only the Chief of Police or his designee may
initiate disciplinary charges against any member of the Police Department
pursuant to the powers vested in said office by N.J.S.A. 40A:14-118.
A.
The appropriate authority (as defined in Chapter 52, Article II, of the Code of the Township of Pennsauken), pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt and promulgate rules, regulations, policies and/or procedures for the government of the Police Department and for the discipline of its members.
B.
Said rules, regulations, policies and/or procedures shall govern
the conduct of and be binding upon the entire membership, sworn officers
and civilian employees of the Police Department.
C.
Said rules, regulations, policies and procedures are attached hereto
and made a part hereof and described as Exhibit A. Said Exhibit A
shall be adopted in full as the body and substance of this article.
A copy of Exhibit A shall be maintained on file in the Township Clerk's
ofice.
[Amended 3-28-2012 by Ord. No. 2012:03]
D.
Each sworn officer and each civilian employee is duty bound to be
thoroughly familiar with the provisions of the police manual(s) governing
the rules, regulations, policies and/or procedures of the Police Department.
E.
The appropriate authority may examine at any time the operations
of the police force or the performance of any officer or member thereof.
F.
The appropriate authority shall act to provide for the health, safety
or welfare of the municipality in an emergency situation through special
emergency directives.
A.
The office of Police Chief is hereby established. The Police Chief
shall be the head of the Police Department and shall be directly responsible
to the appropriate authority for the efficiency and routine day-to-day
responsibilities of the Police Department pursuant to policies established
by the appropriate authority.
B.
The Police Chief shall be appointed by Township Committee. The Police
Chief may be removed from office in accordance with the laws of the
State of New Jersey and by rules and regulations promulgated thereunder.
C.
The salary of the Police Chief shall be in accordance with the Township
Salary Ordinance. The salary of the Police Chief shall be subject
to the requirements of N.J.S.A. 40A:14-179.
D.
The Police Chief shall have and exercise the following authority
and perform the following duties:
(1)
Administer and enforce rules, regulations, policies and procedures
as well as any special emergency directives for the disposition and
discipline of the police force and its officers and personnel.
(2)
Have, exercise and discharge the functions, powers and duties of
the police force.
(3)
Prescribe the duties and assignments of all subordinates and other
personnel.
(4)
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his discretion and supervision.
(5)
Report at least monthly to the appropriate authority in such form
as shall be prescribed by the such authority on the operation of the
force during the preceding month, and make such other reports as may
be requested by such authority.
A.
The Township Committee, at any time, may appoint a committee or commission
to conduct hearings or investigations of the operation of the Police
Department, and may delegate to such committee or commission such
powers of inquiry as the Township Committee deems necessary or appropriate
in order to conduct such hearing or investigation.
B.
Nothing contained herein shall prevent any executive or administrative
officer charged with the general administrative responsibilities within
the municipality from examining at any time the operations of the
Police Department or the performance of any officer or member thereof.
[Adopted 5-18-2016 by Ord. No. 2016:01]
As used in this article, the following terms shall have the
meanings indicated:
Any person appointed pursuant to N.J.S.A. 40A:14-146.8 et
seq., to temporarily or intermittently perform duties similar to those
performed regularly by members of the Police Department, or to provide
assistance to the Police Department during unusual emergency circumstances.
A.
Upon the recommendation of the Director of Public Safety, with the
advice of the Chief of Police, the Township Committee of the Township
of Pennsauken (hereinafter referred to as "Township Committee") may
appoint special law enforcement officers as it deems necessary for
the preservation of peace and good order in the Township of Pennsauken
(hereinafter referred to as "Township"). A SLEO shall be under the
supervision and direction of the Chief of Police or, in the absence
of the Chief of Police, the Superior Officer in charge as designated
by the Chief of Police.
B.
Before any SLEO is appointed pursuant to this act, the Chief of Police,
or, in the absence of the Chief, other chief law enforcement officer
of the local unit shall ascertain the eligibility and qualifications
of the applicant and report these determinations in writing to the
Public Safety Director.
No person may be appointed as a SLEO unless he or she:
A.
Is a resident of the State of New Jersey during the term of the appointment.
Residents of the Township of Pennsauken shall be given preference
for appointments as SLEO. Nonresidents certified as special officers
by the New Jersey Police Training Commission may be considered for
appointment at the discretion of the Township Committee.
B.
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or equivalent.
C.
Is sound in body and of good health.
D.
Is of good moral character.
E.
Has not been convicted of any offense involving dishonesty which
would make him/her unfit to perform the duties of the office of special
law enforcement officer.
F.
Has successfully undergone similar psychological testing that is
required of all full-time police officers in the Township.
G.
Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8
et seq., the administrative rules and regulations of the Township
Police Department and the general ordinances of the Township of Pennsauken.
SLEOs shall be classified as belonging to either Class One or
Class Two, based upon the duties to be performed by each class, as
follows:
A.
Class One. Officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned
by the Chief of Police or, in the absence of the Chief of Police,
the law enforcement officer designated by the Chief of Police. They
shall have the power to issue summonses for disorderly persons and
petty disorderly persons offenses and violations of municipal ordinances
and violations of Title 39 of the revised statutes. The use of a firearm
by an officer of this category shall be strictly prohibited, and no
Class One officer shall be assigned any duties which may require the
carrying or use of a firearm. There may be appointed such number of
Class One special law enforcement officers as may be required.
B.
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 a Class
Two SLEO may be authorized only after the officer shall have been
fully certified as successfully completing training, as prescribed
by the Police Training Commission established in the Police Department.
The number of Class Two special law enforcement officers shall not
exceed 25% of the total number of regular police officers.
No person shall commence duties as a SLEO until having successfully
completed a training course approved by the Police Training Commission.
In addition, no Class Two SLEO shall be issued a firearm prior to
having successfully completed the basic firearms course required by
the Police Training Commission for permanent, regularly appointed
police and annual requalification examinations.
No person shall be eligible to serve as a SLEO in the Township
of Pennsauken if that person intends to serve as a special law enforcement
officer in another municipality, nor shall any permanent, regularly
appointed full-time police officer be permitted to simultaneously
serve as a SLEO in the Township. No public official with responsibility
for setting law enforcement policy or exercising authority over the
budget of the Township or supervision of the Police Department shall
be appointed as a SLEO.
Every applicant appointed to the position of SLEO shall have
fingerprints taken, which fingerprints shall be filed with the Division
of State Police and the Federal Bureau of Investigation.
The Chief of Police or, in the absence of the Chief of Police,
such other law enforcement officer designated by the Chief of Police
may authorize a SLEO, when on duty, to exercise the same powers and
authority as permanent, regularly appointed police officers, including,
but not limited to, the carrying of firearms and the power of arrest,
subject to rules and regulations not consistent with the certification
requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established
by the Code of the Township of Pennsauken.
A SLEO may be appointed for a term not to exceed one year. The
powers and duties of a SLEO shall cease at the expiration of the term
to which the SLEO shall have been appointed. At the expiration of
such term, the Township Committee of the Township of Pennsauken shall
have absolute discretion in determining whether to reappoint. The
appointment of a SLEO may be revoked by the Township Committee for
cause and after an adequate hearing, unless the appointment is for
four months or less, in which event the appointment may be revoked
without cause or hearing. Nothing herein shall be construed to require
the reappointment upon the expiration of the terms. Such SLEOs shall
not be classified as regular members of the Police Department entitled
to tenure and other benefits of the Police Department. They shall
receive such compensation for their services as recommended by the
Township Public Safety Director and set forth in the Township of Pennsauken
Salary Ordinance.[1]
A.
A SLEO shall be deemed to be on duty only while performing the public
safety functions on behalf of the Township of Pennsauken pursuant
to N.J.S.A. 40A:14-146.8 et seq., and when receiving compensation,
if any, from the Township of Pennsauken at the rates or stipends as
established by ordinance. A SLEO shall not be deemed to be on duty
while performing private security duties for private employers, which
duties are not assigned by the Chief of Police or his/her designee,
or while receiving compensation for those duties from a private employer.
B.
A SLEO may not be assigned by the Chief of Police, or his/her designee,
to perform public safety functions for a private entity.
A.
Except in periods of emergency, in which event there shall be no
limitation as to hours per week, no SLEO may be employed for more
than 20 hours per week. An "emergency" shall be defined as any sudden,
unexpected or unforeseeable event requiring the immediate use or deployment
of law enforcement personnel, as shall be determined by the Mayor
and/or the Chief of Police or his/her designee. Vacations, shortages
in police personnel caused by vacancies unfilled for more than 60
days or any other condition which could reasonably have been anticipated
or foreseen shall not constitute an emergency.
B.
Notwithstanding any provisions to the contrary, a SLEO may be utilized
only to assist local law enforcement, but may not be employed to replace
or substitute for full-time, regular police officers or in any way
diminish the number of full-time officers employed by the Township.
A SLEO shall be under the supervision and direction of the Chief
of Police or his/her designee and shall perform all duties solely
with the Township of Pennsauken, except when in fresh pursuit of any
person, pursuant to N.J.S.A. 2A:156-1 et seq. A SLEO shall comply
with the rules and regulations applicable to the conduct and decorum
of the permanent, regularly appointed Township police officers, as
well as all rules and regulations applicable to the conduct and decorum
of special law enforcement officers.
