[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 2, Ch. 2.32, of the 1998 Township Code;
amended in its entirety 12-4-2007 by Ord. No. 11-2007[1]]
[1]
Editor's Note: Section 2 of Ord. No. 11-2007 stated that references
to the "Director of Police" or "Director" shall be replaced by the
title "Chief of Police" or "Chief," as applicable, in any Township
ordinance, resolution, rule, regulation, policy, contract, agreement,
memorandum or other document.
The purpose of this article is to codify the existing ordinances
relating to the establishment of the Police Department in the Township
and to provide for an executive/enforcement function of the municipal
government in the form of a Police Department and to further set forth
the rules and regulations governing the same, and to provide for the
effective governance of the Police Department.
[Amended 2-18-2022 by Ord. No. 2022-02]
There is hereby established and continued a Police Department
of the Township of Edgewater Park which shall consist of a Chief of
Police, who shall be the chief law enforcement officer, and not more
than one Captain, two Lieutenants, four Sergeants and not more than
15 police officers, as may be authorized by the Township Committee.
It is the purpose of this section to establish limits on the size
of the Police Department, and nothing herein shall require appointments
or promotions to bring the staffing up to the maximum authorized strength.
The members of the Police Department shall receive such annual
salaries as may be fixed from time to time by a salary ordinance of
the Township.[1]
The Township Administrator of the Township, or, in the event
that there is no person holding the office of Township Administrator
of the Township, then the Chairman of the Public Safety Committee
of the Township Committee of the Township, shall be "appropriate authority"
as that term is applied by law, including civil service regulations.
The appropriate authority shall be vested with all powers and authority
established and granted pursuant to the provisions of N.J.S.A. 40A:14-118
et seq. Additionally, the Township Administrator of the Township,
or, if there is no person holding the office of the Township Administrator,
then the Chairman of the Public Safety Committee of the Township,
shall have the power to conduct investigations of the operations of
the Police Department and have all powers of inquiry as directed by
the Township Committee and to conduct hearings and investigations
into the operations of the Police Department. The Township Administrator,
or, in his or her absence, the Public Safety Committee, shall have
all the powers of the Township Committee to provide for the health,
safety and welfare of the persons and property of the Township. In
an emergency situation, the Township Administrator, or, in his or
her absence, the Public Safety Committee, may issue emergency directives
as may from time to time be necessary to protect the health, safety
and welfare of the persons and properties of the Township.
The Chief of Police shall be the head of the Police Department
and shall further be responsible to the Township Administrator and
to the Township Committee for the proper and efficient operation of
the Department.
A.
The Chief of Police shall:
(1)
Administer
and enforce rules and regulations and special emergency directives
for the disposition and discipline of the Police Department and its
officers and personnel;
(2)
Have, exercise and discharge the functions, powers and duties of
the force or Department;
(3)
Prescribe the duties and assignments of all subordinates; and
(4)
Delegate such of his authority as he may deem necessary for the efficient
operation of the Department or force, to be exercised under his direction
and supervision.
B.
The Chief of Police shall cause a report to be provided monthly through
the Township Administrator to the Township Committee in the form as
prescribed by the Township Administrator. The monthly report shall
contain the following information:
(1)
A record of the enforcement activities of the Department during the
preceding month, including the number of motor vehicle summons issued,
the number of accidents investigated, and the number of criminal investigations
conducted.
(2)
Identification of each of the police vehicles used during the preceding
month, including the number of miles logged on the vehicles during
the month; listing of repairs, if any, the date, reason and cost thereof;
the maintenance performed in accordance with a standard maintenance
schedule as promulgated by the Chief of Police; and any other information
required by the Township Committee.
(3)
A listing, by name, of each member of the force, including the Chief
of Police, as to the hours worked in each day of the month. This shall
be on a form as prescribed by the Township Administrator. The monthly
report shall list all vacations, administrative days, sick days or
other time off for every member of the Department, including the Chief
of Police.
(4)
The Chief of Police shall include in his monthly report any recommendations
relating to the promotion of the efficiency of the operation of the
Police Department or force.
(5)
A report of any disciplinary action taken by the Chief of Police
and a brief summary as to the nature of the disciplinary action and
the penalty imposed, if any.
(6)
Copies of any special orders or directives issued by the Chief of
Police during the course of the month, excluding tactical, confidential
or investigative orders or directives.
(7)
In the event that a police vehicle should be involved in an accident,
there shall be submitted in the report a detailed narrative of the
circumstances surrounding the accident involving the police vehicle
and the estimated cost of damage thereto, if any.
The Chief of Police is required to prepare and submit the report as indicated in § 90-5 in order to provide the Township Committee with required information to assist it in the development of legislative procedures designated to enhance the effectiveness and efficiency of the Police Department.
The Chief of Police shall be responsible for the discipline
of all members of the Department except in the case of major discipline,
as defined under civil service laws, rules and regulations, or in
matters involving the Chief of Police, which shall be the responsibility
of the Township Committee.
The Chief of Police shall cause either a sergeant or a lieutenant
to be on duty and in charge of each shift of each day of the week,
including holidays and weekends, unless manpower constraints prohibit
the scheduling of one of the above for each shift, in which case the
Chief of Police shall notify the Township Administrator of the shift
that is not covered by one of the aforementioned officers and the
reason therefor. It shall be the responsibility of the Chief of Police
to utilize the available manpower so that there shall be adequate
police coverage of the Township and provide for the health, safety
and welfare of the residents, temporary or permanent, of the Township
and those transits travelling through the Township.
The rules and regulations governing the conduct and duties of the officers of the Police Department as heretofore promulgated are continued in full force and effect and may be amended from time to time pursuant to § 90-22 of this article.
The Police Department shall be governed in accordance with the
provisions of this article, state statutes (N.J.S.A. 40A:14-118 et
seq.), civil service requirements (N.J.S.A. Title 11A), and additional
judicial decisions, as well as all applicable administrative rules
and regulations. However, the Chief of Police shall be appointed by
the appropriate authority and shall serve as provided by law. The
Chief of Police shall be responsible to the Township Committee, through
the Township Administrator.
The Chief of Police, or the Township Committee in the case of
the Chief of Police, shall have the power to suspend, fine, reduce
in pay or grade, remove or dismiss any members of the Police Department
against whom any of the following charges are substantiated, namely:
A.
Intoxication or under the influence of any drugs or other compound
while on or off duty;
B.
Willful disobedience of orders;
C.
Indecent, profane or harsh language;
D.
Disrespect to a superior officer;
E.
Unnecessary violence to a prisoner;
F.
Absence without leave, sleeping on duty, absence from post or duty
without excuse, or not properly patrolling his beat;
G.
Immorality, indecency or lewdness;
H.
Incapacity, either mental or physical, lack of energy or gross ignorance
of the laws and regulations of the Department;
I.
Conviction of any criminal offense;
J.
For making known any proposed action or movement of the force, or
contents of any order, other than to persons immediately concerned
in their execution;
K.
Conduct unbecoming an officer;
L.
Conduct subversive of good order and the discipline of the force;
M.
Failure to report a known violation of law or of the ordinances of
the Township, or accepting a bribe or favor as a consideration either
for the performance or nonperformance of his duty;
N.
Swearing falsely in application for appointment to the force or to
such other papers as require an affidavit;
O.
Failure to attend drill or the school of instruction at the time
fixed or whenever ordered;
P.
Soliciting anyone to intercede with the Chief of Police, the Township
Administrator, any member of the Public Safety Committee, the Township
Committee or any superior officer in relation to promotions, changing
of any beats, disposition of pending charges or any findings of a
trial before the Township Committee or by refusing to do his duty
of any kind, whenever necessity requires, whether on patrol or elsewhere
and whether in uniform or not;
Q.
Violation of any of the rules and regulations promulgated governing
the Police Department.
Whenever the Township Committee or any member thereof has reasonable grounds to believe that a member of the Police Department, other than the Chief of Police, has committed a violation of any of the charges set forth in § 90-11, the Chief of Police, upon being notified in writing, shall cause an appropriate internal investigation to be made or, in the discretion of the Chief of Police, an impartial external investigation, and shall, in writing, report the results of the investigations to the Township Committee if no other action is to be taken. If further action is to be taken by the Chief of Police, the report of the final disposition shall be set forth in the monthly report as provided under § 90-5B.
Municipally provided defense for members or officers of the
Police Department of the Township in actions or legal proceedings
arising out of or incidental to the performance of their duties shall
be governed by the provisions of this article.
Pursuant to the Laws of 1971, Chapter 197, as amended (N.J.S.A.
40A:14-155), whenever a member or officer of the Municipal Police
Department or force is a defendant in any action or legal proceeding
arising out of or incidental to the lawful performance of their duties,
the officer shall be provided with the necessary means for the defense
of such action or proceeding. The necessary means for a defense, however,
shall not be provided for his defense in a disciplinary proceeding
instituted against him by the Township or in a criminal proceeding
instituted as a result of a complaint on behalf of the municipality
or the state.
Whenever a member of the Police Department is entitled to a
municipally provided defense, the officer shall notify the Township
Administrator of the Township of the nature of the incident and a
full written report of the circumstances which give rise to the action
or proceedings. The Chief of Police shall report the entire matter
to the Mayor and the Township Committee of the Township, provide each
of them with copies of all material supplied by the police officer
and his report and recommendations as to whether, in his opinion,
the officer is entitled to a municipally provided defense pursuant
to this article and the New Jersey State statutes.
If the Township's insurance carrier provides an attorney for
defense of the officer, that shall satisfy the obligation to provide
the officer with the means for defense. In the event that the insurance
carrier declines coverage and a defense, then the Township Committee
shall, after receipt of the materials, make a decision whether the
officer is entitled to a municipally provided defense. The obligation
to provide a defense shall be limited to circumstances arising out
of the lawful exercise of his or her duties by the police officer.
If it is determined by a majority vote that the police officer has
a right to a municipally provided defense, it shall provide the necessary
means for the defense in the manner as set forth in this article.
In the event that the Township Committee, by a majority vote, shall
determine that the police officer is not entitled to a municipally
provided defense, it shall notify the police officer promptly of its
determination, in writing, with the reasons therefor. The Township
Committee shall act within the time limitations imposed by the action
or proceedings, as the filing of an answer against the police officer,
or failing to do so, shall, on a police officer's behalf, secure an
extension of time in which to respond to the action or proceedings.
The Township Committee shall provide to the police officer,
in the event that it is determined that the officer is entitled to
the necessary means for the defense of such action or proceeding,
an attorney, selected by it, licensed to practice in the State of
New Jersey, which attorney shall have agreed to the rate schedule
as set forth by the municipality, as more fully set forth herein.
The provision of an attorney by the Township's insurance carrier shall
satisfy the obligation to provide a defense.
Should any police officer who is entitled to a municipally provided
means of defense of any action or proceeding decline to accept the
attorney provided by the Township or by the Township's insurance carrier,
then, and in that event, said police officer shall not be entitled
to any reimbursement from the Township for any legal fees, cost or
expenses incurred.
A.
Priority of eligibility in accordance with residence.
(1)
Pursuant to N.J.S.A. 40A:14-123.1a, the Township does classify all
duly qualified applicants for the position or positions to be filled
in the Police Department in the following manner:
(2)
Within each such classification, duly qualified applicants who are
veterans shall be accorded all such veterans' preferences as are provided
by law. Persons discharged from the service within six months prior
to making application to such municipality who fulfill the requirements
of N.J.S.A. 40A:14-123.1, and who thereby are entitled to appointment
notwithstanding their failure to meet the New Jersey residency requirement
at the time of their initial application, shall be placed in Class
III.
B.
The Township shall first appoint all those in Class I and then those
in each succeeding class in the order above-listed, and shall appoint
a person or persons in any such class only to a vacancy or vacancies
remaining after all qualified applicants in the preceding class or
classes have been appointed or have declined an offer of appointment.
A.
There is adopted and promulgated, a manual of rules and regulations
for the government and discipline of the members of the Police Department
of the Township, pursuant to the authority of N.J.S.A. 40A:14-118,
superseding the manual of rules and regulations for the government
and discipline of the members of the Police Department of the Township
adopted June 2000. In the event of a conflict between the provisions
of the manual of rules and regulations and the ordinances of the Township,
the ordinances of the Township shall take precedence and be controlling.
B.
Rules and regulations; standard operating procedures.
[Added 7-20-2010 by Ord.
No. 2010-7]
(1)
Rules and regulations, entitled "Edgewater Park Police Department Rules and Regulations," dated January 1, 2000, are hereby adopted as and for the rules and regulations for the Police Department, as provided for in § 90-20 of the Edgewater Park Township Code.
(2)
The rules and regulations aforesaid may be amended, from time to
time, by resolution approved by the Township Committee.
(3)
Standard Operating Procedures, dated January 1, 2000, are also approved
for the Police Department.
(4)
The standard operating procedures may be amended, from time to time,
by resolution approved by the Township Committee.
(5)
A copy of said rules and regulations and standard operating procedures
shall be on file in the office of the Township Clerk.
Each member of the Police Department shall receive a copy of
the rules and regulations for the government and discipline of the
members of the Police Department of the Township, consisting of Chapters
I through VII. There shall also be on file with the Township Clerk
three copies of the rules and regulations available for public inspection.
The Township Committee of the Township may from time to time,
by resolution, amend or supplement the said rules and regulations.
[Added 2-7-2012 by Ord.
No. 2012-1]
The Police Department shall charge and shall receive fees for providing copies of police reports and photographs for those reports and photographs which are available to the public as set forth in Chapter 240, Fees.
Each member of the Police Department of the Township shall be
responsible for the safekeeping and preservation of his copy of the
rules and regulations, as amended and supplemented from time to time.
Each member of the Police Department presently employed by the
Township and all future employees of the Police Department of the
Township shall acknowledge receipt of the said manual of rules and
regulations governing and disciplining the members of the Police Department
of the Township, and said receipt shall be filed and maintained by
the Chief of Police and the Township Clerk of the Township.
[Adopted as Title 2, Ch. 2.36, of the 1998 Township Code]
In accordance with the provisions of N.J.S.A. 40A:14-146.8 et
seq., there is created the position of special law enforcement officers
for the Township of Edgewater Park, County of Burlington and State
of New Jersey. Each special officer appointed shall be subject to
the requirements of this article and the additional requirements set
forth in N.J.S.A. 40A:14-146.8 et seq.
[Amended by Ord. No. 13-96]
The classifications of the special law enforcement officers
shall be based upon the duties to be performed by said officers and
are established as follows:
A.
Class One. They are authorized to perform routine traffic details,
spectator control and similar duties as may be assigned by the Chief
of Police, or, in the absence of the Chief of Police, another law
enforcement officer in a supervisory capacity authorized by the Chief
of Police to act in his stead. Class One officers are also authorized
to issue summonses for disorderly persons and petty disorderly persons
offenses, violations of municipal ordinances and violations of N.J.S.A.
Title 39. The use of firearms by Class One officers is strictly prohibited,
and no Class One officer shall be assigned any duties which require
the carrying or use of a firearm.
B.
Class Two. Officers of this class are authorized to exercise full
powers and duties similar to those of a permanent, regularly appointed,
full-time police officer. They shall be assigned such duties as deemed
necessary by the Chief of Police, or, in the absence of the Chief
of Police, another law enforcement officer in a supervisory capacity
authorized by the Chief of Police to act in his stead. 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 Police Training Commission, established within
the Department of Law and Public Safety of the State of New Jersey.
All duly appointed special law enforcement officers shall be
subject to the rules and regulations governing the Police Department
of the Township as adopted by previous ordinances, including by description,
but not limited to, the standard operating procedures police manual
of the Township.
Special law enforcement officers shall be appointed by the Township
Committee for a term not to exceed one year, which appointments shall
be made at the annual reorganization meeting or at such other times
as the Township Committee deems it necessary to make such appointments.
In no event shall any appointment carry a term beyond the end of the
calendar year of the year in which said appointment is made.
Compensation for each class of special law enforcement officers
shall be established annually by the salary ordinance of the Township.[1]
The number of special law enforcement officers employed by the
Township shall be as follows:
No special officer shall commence his duties until he has completed
the training as required under N.J.S.A. 40A:14-146.11, as amended
from time to time.
[Amended by Ord. No. 13-96]
The Chief of Police or another law enforcement officer in a
supervisory capacity authorized to act in his stead may assign special
officers of the First and Second Classes to perform authorized duties
not to exceed 20 hours per week in accordance with existing ordinances
of the Township, except in case of emergency, which shall be without
limitation as to hours.
