[Amended 2-27-2003 by Ord. No. 03-06; 2-25-2014 by Ord. No. 14-01]
There is hereby established in the Township of Ewing a Department
of Public Safety which shall be comprised of the Division of Police,
the Division of Emergency Medical Services, the Division of Fire,
the Volunteer Fire Division, the Volunteer Emergency Medical Services
Division and the Office of Emergency Management. The Director of Public
Safety shall serve during the term of office of the Mayor appointing
the Director and until the appointment and qualification of a successor.
In the event that the position of Director is not filled, the Mayor
shall serve as Director of Public Safety. In accordance with N.J.S.A.
40A:14-118, the Director is hereby designated as the "appropriate
authority" to whom the Chief of Police is directly responsible for
the efficiency and routine day-to-day operations of the Police Department
pursuant to any policies, rules or regulations which may be established
or approved by the Director.
[Amended 2-27-2003 by Ord. No. 03-06; 10-11-2005 by Ord. No.
05-41; 12-10-2019 by Ord. No. 19-23]
A.
The Police Department shall consist of the following
sworn police personnel: one Chief of Police, not more than one Deputy
Chief of Police, not more than two Police Captains, not more than
10 Police Lieutenants, not more than 15 Police Sergeants, and not
more than 70 police officers, subject to approval by the Director.
B.
The Deputy Chief of Police shall report directly to
the Chief of Police. The Police Captains shall report directly to
the Deputy Chief of Police. The Police Lieutenants shall report directly
to the Police Captains. The Police Sergeants shall report directly
to the Police Lieutenants and the police officers shall report directly
to the Police Sergeants.
[Amended 2-27-2003 by Ord. No. 03-06]
In accordance with general law, the duties and
powers of the Chief of Police shall include, but not be limited to:
A.
Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the force
and its officers and personnel. Such rules and regulations and special
emergency directives have been approved and as shall be hereafter
approved by the Township Council and made a part hereof.
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, subject to the duties prescribed in the respective
job specifications for each position as promulgated by the State of
New Jersey Department of Personnel, as amended from time to time.
D.
Delegate such of his authority as he may deem necessary
for the efficient operation of the force, to be exercised under the
direction and supervision of the Chief.
E.
Report at least monthly to the Director in such form
as shall be prescribed by the Director on the operation of the force
during the preceding month and make such other reports as may be requested
by the Director.
F.
Exercise such powers and perform such duties as prescribed
by the State of New Jersey. Department of Personnel pursuant to its
duly promulgated job specification for the title Police Chief, as
amended from time to time.
[Added 12-10-2019 by Ord. No. 19-23]
In accordance with general law, the duties and powers of the
Deputy Chief of Police shall include, but not be limited to:
A.
In subordination to the Chief of Police, administer and enforce rules
and regulations and special emergency directives for the disposition
and discipline of the force and its officers and personnel.
B.
In subordination to the Chief of Police, have, exercise and discharge
the functions, powers and duties of the force.
C.
In subordination to the Chief of Police, prescribe the duties and
assignments of all subordinates and other personnel, subject to the
duties prescribed in the respective job specifications for each position
as promulgated by the State of New Jersey Department of Personnel,
as amended from time to time.
D.
In the absence of the Chief of Police, temporary or otherwise, perform all of the duties of the Chief of Police, without exception, as set forth in § 4-47 above.
E.
Exercise such powers and perform such duties as prescribed by the
State of New Jersey Department of Personnel pursuant to its duly promulgated
job specification for the title Deputy Police Chief, as amended from
time to time.
[Amended 9-27-2022 by Ord. No. 22-18]
A.
Except as
otherwise set forth herein, appointments to the Police Department
shall be made in accordance with applicable law from lists of eligible
candidates provided to the Township by the New Jersey Department of
Civil Service.
B.
Each applicant
for a position in the Police Department shall be a citizen of the
United States and a resident of the State of New Jersey consistent
with N.J.S.A. 40A:14-122.8. Each applicant shall comply with all of
the laws of the State of New Jersey pertaining thereto and also meet
all requirements of the Department of Personnel of the State of New
Jersey. Each successful appointee shall, in accordance with N.J.S.A.
52:17B-66, serve a probationary period pending his successful completion
of the course at the New Jersey State Municipal Police School.
[Amended 2-14-2023 by Ord. No. 23-04]
C.
In accordance
with N.J.S.A. 11A:4-1.3, and in the sole discretion of the Township
as the appointing authority, the Township may hire as an entry-level
law enforcement officer a person who has successfully completed a
full Basic Course for Police Officers training course at a school
approved and authorized by the New Jersey Police Training Commission.
A person hired pursuant to this section shall be exempt from the requirement
to take an examination for an entry-level law enforcement position.
Use of this provision for the hiring of police officers outside of
the civil service examination process shall be utilized only upon
the written authorization of the Director of Public Safety. The Director
of Public Safety shall report to Council quarterly on the use of this
process.
The Police Department shall:
A.
Preserve the public peace; protect life and property;
prevent crime; detect and arrest offenders against the penal laws
and ordinances effective within the Township; suppress riots, mobs
and insurrections; disperse unlawful or dangerous assemblages; and
preserve order at all elections and public meetings and assemblages.
B.
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of streets by vehicles and persons to protect
the safety and facilitate the convenience of motorists and pedestrians
and to make and enforce rules and regulations not inconsistent with
the ordinances of the Township for such purposes.
C.
Remove or cause to be removed all nuisances in the
public streets, parks and other public places, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and report thereon
to the appropriate department.
D.
Provide proper police attendance and protection at
fires.
E.
Provide for the attendance of its members in court
as necessary for the prosecution and trial of persons charged with
crimes and offenses and cooperate fully with the law enforcement and
prosecuting authorities of federal, state and county governments.
F.
Operate a training program to maintain and improve
the police efficiency of the members of the Department.
G.
Recommend, administer and enforce rules and regulations
for the disposition, conduct and discipline of the Department. Said
rules and regulations, prior to becoming effective, shall be approved
by the Director, as appropriate authority.
[Added 2-27-2003 by Ord. No. 03-06]
A.
The Police Captain, under the supervision of the Deputy
Chief of Police during an assigned tour of duty, has charge of subordinates
engaged in activities intended to provide assistance and protection
for persons, safeguard property, assure observance of the law, apprehend
lawbreakers, and do related work as required.
[Amended 12-10-2019 by Ord. No. 19-23]
B.
The work of the Police Captain shall include, but
not be limited to, those duties, tasks and examples of work as prescribed
by the State of New Jersey. Department of Personnel pursuant to its
duly promulgated job specification for the title Police Captain, as
amended from time to time.
[Added 2-27-2003 by Ord. No. 03-06]
A.
The Police Lieutenant, under the supervision of a
Police Captain during an assigned tour of duty, performs specialized
supervisory police work and related work as required.
B.
The work of the Police Lieutenant shall include, but
not be limited to, the examples of work as prescribed by the State
of New Jersey Department of Personnel pursuant to its duly promulgated
job specification for the title Police Lieutenant, as amended from
time to time.
[Added 2-27-2003 by Ord. No. 03-06]
A.
The Police Sergeant, under the supervision of a Police
Lieutenant during an assigned tour of duty, has charge of police activities
intended to provide assistance and protection for persons, safeguard
property, assure observance of the laws, apprehend lawbreakers, and
do related work as required.
B.
The work of the Police Sergeant shall include, but
not be limited to, the examples of work as prescribed by the State
of New Jersey Department of Personnel pursuant to its duly promulgated
job specification for the title Police Sergeant, as amended from time
to time.
[Added 2-27-2003 by Ord. No. 03-06]
A.
The police officer during an assigned tour of duty,
on foot or in an automobile, patrols a designated area to provide
assistance and protection for persons, to safeguard property, to assure
observance of the law, apprehend lawbreakers, and do related work
as required.
B.
The work of the police officer shall include, but
not be limited to, the examples of work as prescribed by the State
of New Jersey Department of Personnel pursuant to its duly promulgated
job specification for the title Police Officer, as amended from time
to time.
[Added 10-13-2020 by Ord. No. 20-20]
A.
Position created. The position of Police Chaplain for the Ewing Township
Police Department is hereby created in accordance with N.J.S.A. 40A:14-141.
The position will be a volunteer position. The position of Police
Chaplain shall be under the direction of the Director of Public Safety
and subject to the control of the Chief of Police.
B.
Qualifications. Any person appointed as Police Chaplain shall be
an ordained clergyman in good standing in the religious body from
which he or she is selected and qualified in accordance with N.J.S.A.
40A:14-141. The Police Chaplain shall have basic training in the position
and shall be a certified police chaplain credentialed in accordance
with the rules and regulations of the Police Department.
C.
Appointment. The Chief of Police may recommend to the Director of
Public Safety persons that he or she believes meet the qualifications
of N.J.S.A. 40A:14-141, as well as the rules and regulations of the
Police Department with reference to chaplains. All applicants for
the position of Police Chaplain shall be reviewed by the Chief of
Police, Senior Police Chaplain and Chaplain liaison, if any, to determine
their qualifications in accordance with this section and shall make
recommendations to the Director of Public Safety regarding the appointment
of Police Chaplains. The Director of Public Safety shall appoint Police
Chaplains in accordance with this section, with the advice and consent
of the Chief of Police. The number of Police Chaplains shall be at
the discretion of the Director of Public Safety and Chief of Police.
D.
Duties. The duties of Police Chaplain shall include, but not be limited
to, assisting the Police Department in death notifications, station
house adjustments and any other duties that may be assigned by the
Chief of Police.
E.
Rank and salary. Any person appointed as Police Chaplain shall serve
in that capacity without rank or salary.
F.
Term of office. A person appointed as Police Chaplain shall serve
for a period of one year from the date of appointment and shall continue
to serve in that capacity until he or she is either terminated or
reappointed with the recommendation of the Chief of Police.
G.
Senior Chaplain. If more than one Police Chaplain is appointed, the
Director of Public Safety shall appoint one of the Police Chaplains
to be designated as Senior Police Chaplain.
[Added 2-27-2003 by Ord. No. 03-06]
A.
The salaries for the members of the Police Department
shall be governed by the collective bargaining agreement currently
in effect, except that the salaries of the Chief and Deputy Chief
of Police shall be set by ordinance by the Township Council.
[Amended 12-10-2019 by Ord. No. 19-23]
B.
The salaries for the members of the Police Department
shall be presented annually to the public by ordinance of the Township
Council upon the adoption of the Township budget.
[Amended 8-13-2002 by Ord. No. 02-17; 2-25-2014 by Ord. No. 14-01]
B.
Volunteer
firefighting.
(1)
There is hereby established in the Township a volunteer firefighting
function. The volunteer firefighting function shall consist solely
of the Prospect Heights Volunteer Fire Company (to be known as Station
31) and the West Trenton Volunteer Fire Company (to be known as Station
33). Membership in said companies shall be limited to those members
belonging to the Prospect Heights Volunteer Fire Company and the West
Trenton Volunteer Fire Company. Said companies shall have complete
responsibility for all fire-suppression and -control activities in
Ewing Township together with paid Ewing Division 30. The volunteer
companies, together with paid Ewing Division 30, shall have responsibility
for any incidents in Ewing Township which, through the threat of fire,
are considered a threat to public safety or property.
[Amended 7-23-2019 by Ord. No. 19-15]
(2)
No person shall hereafter become an active firefighter in the Township
volunteer fire-fighting function unless said person is at least 18
years of age and a resident of the United States. Said person shall
be physically fit to perform all duties of a firefighter, as evidenced
by a certificate to that effect by a practicing physician of the State
of New Jersey after physical examination for this purpose. Said person
shall also be certified by the State of New Jersey as a firefighter
and possess all required certifications and training required by law.
(3)
Junior firefighters may be appointed by fire companies as permitted
by law, but in no case may any person under the age of 18 operate
any firefighting apparatus at any time.
(4)
The volunteer fire chief shall be the ranking officer of each volunteer
fire company. The fire chief shall in all cases where fire threatens
life or damage or destruction of property within the Township take
prompt and efficient measures and use the means of their station or
mutual aid to extinguish the fire and shall at such times and occasions
have the sole and absolute control and command over all the fire apparatus
and all members of their respective station.
C.
Paid emergency medical technicians. Emergency medical technicians are Township employees who report to the Director and who work with the various municipal departments in the provision of emergency medical services. Operation command authority at emergency medical services incidents shall rest with the paid Emergency Medical Services Supervisor pursuant to the Township's Emergency Operations Plan. The Township is authorized to collect fees for the use of emergency medical services and ambulance transport services from persons who receive such services. The fees for emergency medical services and ambulance transport services shall be in accordance with the fee schedule as set forth in Chapter 172 of the Code.
[Amended 7-23-2019 by Ord. No. 19-15]
D.
Paid
firefighters. Paid firefighters are Township employees who report
to the Director of Public Safety (hereinafter "Director" or "Director
of Public Safety") or his/her designee and who assist the volunteer
fire companies in various fire-suppression functions, including but
not limited to serving as fire equipment drivers.
[Amended 1-22-2019 by Ord. No. 19-03]
(1)
Establishment of paid firefighting division. There shall be one Township-wide
fire division to be known as Ewing Fire Division 30 ("Division 30")
that will apply to all paid firefighters employed by the Township.
For Civil Service purposes, paid firefighters employed by the Township
shall be deemed to serve in Division 30. Division 30 shall be a section
of the Township's Department of Public Safety.
(a)
Division 30 shall serve on a Township-wide basis that shall
include the geographic boundaries of the Township. Division 30 may
also respond to another municipality if a request for mutual aid is
made.
(b)
The Fire Division of the Department of Public Safety shall be
composed of four firefighting units: the two volunteer stations, Prospect
Heights Volunteer Fire Company and West Trenton Volunteer Fire Company,
and the paid firefighters in Division 30.
[Amended 7-23-2019 by Ord. No. 19-15]
(2)
Certification and appointment. Paid firefighters shall be appointed
and promoted in accordance with Civil Service guidelines pursuant
to N.J.S.A. 11A:4-1 et seq.
(3)
Duties of Division 30.
(a)
Paid firefighters may be assigned to any of the Township's two
volunteer fire companies as determined by the Director of Public Safety
or his/her designee. The Director or his/her designee shall make this
determination based upon the day-to-day staffing needs of the Township.
[Amended 1-22-2019 by Ord. No. 19-03; 7-23-2019 by Ord. No. 19-15]
(b)
Paid firefighters are Township employees who report to the Director
of Public Safety or his/her designee and who perform various fire
suppression functions alongside the volunteer fire companies, including
but not limited to serving as fire apparatus equipment drivers.
(c)
Division 30 shall coordinate fire suppression and other emergency
scene operations with the volunteer fire companies and provide adequate
and prompt response to all emergencies assigned.
(4)
Management rights retained by Township. It is recognized that the
management of the Township, the control of its properties and the
maintenance of order and efficiency, is solely a responsibility of
the Township. Accordingly, the Township retains the rights, including,
but not limited to, to direct the paid firefighting forces, including
the right to hire, suspend, or discharge for just cause, assign, promote
or transfer within the Township's two voluntary firefighting companies,
to determine the amount of overtime worked, to relieve employees from
duty because of lack of work, decide the number and locations of its
facilities, stations, etc., determine the work to be performed within
the unit, maintenance, and repair, amount of supervision necessary,
machinery and tool equipment, methods, schedules of work, together
with selection, procurement, designing, engineering and the control
of equipment and materials, purchase services of others, contract
or otherwise, except as may be otherwise specifically limited by agreement
between the Township and the applicable union.
[Amended 7-23-2019 by Ord. No. 19-15]
(5)
No effect upon volunteer firefighting companies. The hiring of paid
firefighters and the creation of the Division shall in no way affect
the volunteer fire companies, which shall continue to operate without
change.
(6)
Ranking Officer.
(a)
The ranking officer of Ewing Division 30 shall be a Captain
and shall, for purposes of table of organization and chain of command,
be equal in rank to a command level officer in the fire service.
(b)
During the primary work hours of the paid firefighters of Division
30, the ranking officer of the responding apparatus shall be the career
Captain. In responding to a fire or other emergency, the incident
officer shall be the ranking firefighter in the absence of the career
Captain for purposes of assuming responsibility for the responding
apparatus and crew, unless a higher-ranking volunteer officer responds
to the scene. During all other daytime duties, career firefighters
shall continue to report to the Captain or other ranking firefighter
within Division 30.
(c)
The Captain shall assist the Director in coordinating with the
Volunteer Fire Chiefs to establish policies, procedures and orders
for the efficient operation of the Division and ensure compliance
with same.
(d)
The Captain shall assist the Director, together with the volunteer
fire chiefs of each volunteer district, in establishing orders for
the efficient operation of fire ground operations and for the chain
of command for fire ground operations.
(e)
The Captain shall assist the Director in identifying and applying
for grants and other funding opportunities related to Fire Division
activities and in the preparation of the annual operating and capital
budgets of the Division.
(7)
Promotions; preference to resident. As a Civil Service municipality,
promotions to positions on the paid firefighting force shall be based
upon merit as determined by Civil Service promotional tests for such
positions; provided, however, that a resident shall be appointed rather
than a nonresident thereof in any instance in which the resident and
nonresident achieved the same final average score in such test. The
preference granted by this provision shall in no way diminish, reduce
or affect the preference granted to veterans pursuant to N.J.S.A.
11A:5-1 et seq. or any other provision of law.
(8)
Service credits for volunteer firemen appointed to paid firefighting
positions. When a Civil Service examination is scheduled to determine
appointments to paid firefighting positions, any qualified fireman
having served in any volunteer fire company of the Township for at
least two years next preceding such appointment shall be entitled,
in addition to his earned rating, to service credits of not less than
three nor more than 10 points as may be determined by the Director.
Said appointee shall be over 21 but not more than 40 years of age
at the time of the appointment.
(9)
General qualifications for paid firefighters. No person shall be
appointed, retained or promoted as a paid firefighter unless he/she
shall satisfy all statutory requirements of N.J.S.A. 40A:14-7 et seq.,
the provisions of which are incorporated into this section by reference
herein.
E.
Office of Emergency Management. In accordance with N.J.S.A. App. A:9-40.1 et seq., an Emergency Management Coordinator, appointed by the Mayor for a term of three years, shall head an Emergency Management Council. The Coordinator shall be qualified as required by law. The Emergency Management Council shall have the powers and duties as set forth in Chapter 14, Boards, Commissions and Committees, Article XV, Emergency Management Council.
F.
Administrative Fire Director. In accordance with N.J.S.A. 40:69A-43,
there is hereby established the position of Administrative Fire Director.
[Added 1-22-2019 by Ord.
No. 19-03]
(1)
The Mayor, at his or her option, may appoint an individual to serve
as the Fire Director, to act as the administrative head of Division
30, under the direction and supervision of the Director of Public
Safety.
(2)
The Fire Director shall be responsible for the proper administration
of fire affairs, and shall govern and control Division 30 and prescribe
its rules and regulations.
(3)
The Fire Director shall also have the following duties and powers,
including but not limited to:
(a)
Prepare standard operating guidelines ("SOGs") and related memoranda
to inform, instruct, or direct the activities the Division 30 officers.
(b)
Review and approve the final written form of SOGs and Division
30 regulations.
(c)
Review Division 30 training programs to ensure compliance with
applicable regulations.
(d)
Authorize training courses for Division 30 staff.
(e)
Monitor monthly reports of sick time, vacation and overtime
use to ensure budget allocation may be checked for compliance.
(f)
Discuss pertinent matters with various union officials to promote
a harmonious relationship within Division 30.
(g)
Recommend minor and/or major disciplinary actions of uniformed
personnel for violations of Division 30, county, state, or federal
regulations.
(h)
Refer personal problems of Division 30 personnel to proper resources
for guidance and treatment.
(i)
Review all monthly reports to initiate appropriate follow-up,
including overtime, apparatus, drills, and fuel.
(j)
Provide information on equipment that requires capital expenditures
for budget consideration.
(k)
Ensure that all staff violations of Division 30 rules and regulations
are documented and implement appropriate disciplinary processes.
(l)
Provide an equipment replacement schedule for budget consideration.
(m)
Approve expenditures for both budgeted and nonbudgeted items.
(n)
Approve specifications of new equipment.
(o)
Reviews bid returns from potential vendors for compliance with
specifications, and makes recommendations.
(p)
Participate in disciplinary and grievance processes.
(q)
Perform all scheduling for Division 30 personnel.
(4)
The Fire Director shall serve during the term of office of the Mayor
appointing the Director and until the appointment and qualification
of a successor.
G.
Emergency
Response Specialist. In accordance with N.J.S.A. 11A:3-5, there is
hereby established the position of Emergency Response Specialist.
[Added 12-8-2020 by Ord. No. 20-25]
(1)
The Mayor, at his or her option, may appoint an individual to serve
in the unclassified position of Emergency Response Specialist, under
the direction and supervision of the Director of Public Safety and/or
his or her designee.
(2)
The Emergency Response Specialist shall assist the Local Health Department
in the development, instruction and execution of response and recovery
work in order to prevent, protect from, prepare for, respond to recover
from and/or mitigate a natural disaster, pandemic and/or other emergency,
and perform other related duties as required.
(3)
The Emergency Response Specialist shall have the following duties
and powers, including but not limited to:
(a)
Assist Local Health Department in determining priorities, roles
and functions of personnel in responding to a natural disaster, pandemic
and/or other emergency.
(b)
Assist Local Health Department in determining equipment needs,
training needs, and other requirements for handling a natural disaster,
pandemic and/or other emergency.
(c)
Development and maintain a list of available resources within
the Township to assist residents impacted by a natural disaster, pandemic
and/or other emergency.
(d)
Ensure appropriate linkages to social supports are made, such
as referrals to social support coordinators and/or 211 supports.
(e)
Establish and maintain emergency management communications between
federal, state and local governments, and coordinate with such federal,
state and local agencies as necessary.
(f)
Identify at-risk populations within the Township, and oversee
development of a plan addressing steps in outreach/messaging to vulnerable
populations, testing, case investigation, contact tracing, containment,
quarantine facilities, support services, and long-term prevention
for communicable diseases, both routine and emergent, in these vulnerable
populations.
(g)
Work with federal, state and local governments and agencies
to align strategies, maximize resources, and prioritize response to
a natural disaster, pandemic, and/or other emergency.
(h)
Regularly monitor data relating to natural disasters, pandemics
and/or other emergencies, and utilize to reprioritize outreach to
existing and newly affected vulnerable populations.
(4)
The Emergency Response Specialist shall have professional and/or
technical experience in program/project coordination, community outreach,
and/or emergency response, including natural disasters and pandemics,
or other suitable equivalent experience as determined by the Township.
(5)
The Emergency Response Specialist shall serve at the pleasure of
the Mayor, for such term as may be required during and/or after any
period of declared State of Emergency, Public Health Emergency, or
other emergency requiring a response from the Township.
[Added 9-25-2018 by Ord.
No. 18-25]
Whenever there shall be a declared state of emergency by any
federal, state, county or local authority that includes all or any
part of Ewing Township, the following personnel are deemed to be essential
personnel for purposes of traveling upon the roadways and shall be
required to report to work in accordance with their regularly scheduled
workday, or in accordance with any modified schedule as a result of
the declared emergency:
A.
Police officers.
B.
Fire fighters.
C.
Emergency medical technicians.
D.
Public safety telecommunicators.
E.
Emergency Management Coordinator.
F.
Public Works employees, by job title as warranted by the emergency.
G.
Code officials, by job title as warranted by the emergency.
H.
Mayor.
I.
Township Administrator.
J.
Emergency Response Specialist.
[Added 12-8-2020 by Ord. No. 20-25]
