[HISTORY: Adopted by the Township Council
of the Township of Maple Shade as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-24-2021 by Ord. No. 2021-08[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Personnel Policy, adopted 11-24-1998 by Ord. No. 1998-17, as amended.
There is hereby created in and for Maple Shade a Police Department,
known as the "Maple Shade Police Department," which shall consist
of one Chief of Police, one Captain, up to two Lieutenants, up to
five Sergeants, up to five Corporals, up to 26 patrol officers, and
part-time special law enforcement officers including up to two Class
I officers, two Class II officers and three Class III officers. As
used in this chapter, all sworn officers, i.e., Captain, Lieutenants,
Corporals, Sergeants and patrol officers, may be referred to as "members."
In addition, the Police Department may be supported by such civilian
employees as may be deemed necessary by the Township Manager. Such
Department shall be governed by the applicable laws of the state,
this chapter and other applicable laws and ordinances of the municipality
and rules and regulations adopted pursuant hereto.
This section establishes and sets forth the line of authority
for the administration and operation of the Maple Shade Police Department.
A.
The Township Manager shall constitute the "appropriate authority"
as required by N.J.S.A. 40A:14-118 and shall thereby have the powers
as provided by state law, including the authority and duty to:
(1)
With the advice of the Chief of Police, adopt and promulgate rules
and regulations for the government of the police force and for the
discipline of its members; and
(2)
Coordinate with the Chief with regard to the day-to-day operations
of the Police Department; and
(3)
Handle police disciplinary matters; and
(4)
Approve the promotion of police personnel and the hiring of new officers;
and
(5)
Appoint Police Chaplains, crossing guards and such other civilian
employees and volunteers, as deemed necessary.
B.
Reference to the Township Manager in this article shall be in his
or her capacity as the "appropriate authority."
C.
Except as provided in N.J.S.A. 40A:14-118, the governing body and
individuals thereof shall act in all matters relating to the police
function as a body, or through the Township Manager.
D.
The Chief of Police shall be the highest ranking sworn law enforcement
officer in the police force and shall be directly responsible to the
Township Manager to ensure the efficient and routine day-to-day operations
of the Department, including the authority and duty to:
(1)
Assist the Township Manager in the formulation of rules and regulations;
(2)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
(3)
Have, exercise, and discharge the functions, powers and duties of
the force;
(4)
Give assignments/instructions to subordinate members of the Police
Department and other personnel in conjunction with the Township Manager;
(5)
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
(6)
Report at least monthly to the Township Manager, in such form as
shall be prescribed by the Township Manager, on the operation of the
Police Department and make such other reports as may be requested
from time to time by the Township Manager; and
(7)
Such other duties as outlined in the Police Department Personnel
Rules and Regulations.[1]
[1]
Editor's Note: A copy of the Maple Shade Police Department Rules and Regulations is included as an attachment to this chapter.
E.
The Township Council shall:
(1)
Review and conduct investigations of the operations of the Police
Department when necessary; and
(2)
Review and establish from time to time the size and rank structure
within the Department; and
(3)
Fix the compensation of the members of the Department consistent
with the terms and conditions of any applicable collective negotiations
agreements; and
(4)
Approve the appointment of the Chief of Police.
A.
All members of the Police Department, other than the Chief of Police,
shall be appointed by the Township Manager upon recommendation of
the Chief of Police.
B.
No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey Statutes. The Township Manager
may also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination.
All applicants for employment shall be subject to the following residential
preference as administered by the Civil Service Commission pursuant
to N.J.S.A. 40A:14-123.1: I) other residents of the County of Burlington;
III) other residents of the state; and IV) all other qualified applicants.
To be considered a resident of the County of Burlington, applicants
must maintain continuous residency within the County of Burlington
from the announced closing date of the Civil Service Commission examination
up to and including the date of appointment.
[Amended 4-13-2023 by Ord. No. 2023-07]
C.
Every member of the Police Department shall be a resident of the
State of New Jersey while serving in such position, as required by
law. New members shall be residents of the state at the time of their
appointment and thereafter, unless they served in the armed forces
as provided by N.J.S.A. 40A:14-123.1.
A.
The police department. The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Township of Maple
Shade; direct and control traffic; provide attendance 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.
B.
Township Manager.
(1)
The Township Manager shall report to the Township Council. The Manager
shall serve as the administrative and executive head of the Police
Department and shall establish policies for the daily operation of
the Department and the discipline of its members. The Township Manager's
duties include, but are not limited to:
(a)
Establishing by policy, rule and regulation the procedures to
be followed by the Chief of Police and other subordinate officers
for the purchase of equipment and supplies. Such procedures may include
the requirement that the Township Manager approve all expenditures
with regard to the equipment and supplies.
(b)
Keeping a record of all business transacted by the Police Department
and approving all bills for the expenses of the Police Department.
(c)
Keeping and maintaining accurate records and submitting an annual
report to the Township Council which shall assess the operations of
the Police Department and its personnel, equipment and property.
(d)
Keeping and maintaining all records, reports, documents and
other data required to be kept and maintained by the federal and/or
state government and/or any of their respective subdivisions.
(e)
Keeping and maintaining a record of all appointments, dismissals,
removals, resignations and deaths of officers and other Department
employees as they take place, with such other information as may be
necessary.
(f)
Developing the annual budget for the Police Department and overseeing
any and all expenditures of the Police Department.
(g)
Analyzing crime trends and statistics to ensure that the Police
Department makes the best use of available funds, personnel, equipment
and supplies.
(h)
Evaluating the effectiveness of work programs and procedures
of all units and bureaus within the Police Department and developing
effective work methods for subordinates.
(i)
Undertaking special studies pertaining to public safety functions
and promoting close coordination of planning efforts.
(j)
Establishing and maintaining helpful and cooperative relations
with civic and business organizations, schools, and court offices,
and with other groups and public authorities and other jurisdictions,
and with others interested in the maintenance of law and order.
(k)
All such other duties set forth in N.J.S.A. 40A:14-118.
(2)
The Township Manager shall also be responsible for ensuring that
all police officers and employees are compensated in accordance with
state and federal wage and hour requirements.
Discipline of police officers will be imposed consistent with
the Civil Service Commission regulations, New Jersey State statutes
and the Rules and Regulations of the Maple Shade Township Police Department.[1] Employees may be subject to discipline for violating laws,
statutes, ordinances, rules and regulations and written directives.
Local disciplinary hearings shall be conducted by the Township Manager
or their designee. Pursuant to Civil Service regulations, the imposition
of major discipline may be appealed to the Commission.
[1]
Editor's Note: A copy of the Maple Shade Police Department Rules and Regulations is included as an attachment to this chapter.
[Adopted 5-9-2019 by Ord.
No. 2019-06]
The Township of Maple Shade authorizes the use of special law enforcement officers to assist the regular police department in the performance of its duties and responsibilities subject to the eligibility criteria and limitations set forth in the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq., and further subject to the Maple Shade Police Department Rules and Regulations incorporated herein by reference pursuant to § 36-2.[1] No special law enforcement officers shall be appointed
to any term exceeding one year.
A.
"Special law enforcement officer (SLEO)" shall mean any person appointed
annually by the Township Manager 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 a municipal police department,
or to provide assistance to a police department during unusual or
emergency circumstances, and to provide security in a school system
within Maple Shade. Nothing herein shall be construed to require reappointment
at the expiration of the term.
[Amended 6-24-2021 by Ord. No. 2021-05]
B.
No special law enforcement officer, by virtue of his/her appointment
as such, shall be or become a regular member of the Police Department.
C.
Special law enforcement officers are considered at-will part-time
employees and can be terminated 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 (N.J.S.A.
40A:14-146.14).
D.
The number of SLEO Class II officers employed by the Maple Shade
Police Department shall not exceed 25% of the total number of regular
police officers pursuant to N.J.S.A. 40A:14-146.17.
[Amended 6-24-2021 by Ord. No. 2021-05]
E.
Every special law enforcement officer, while on duty, shall abide
by the Police Department Rules and Regulations and those policies,
general order or standard operating procedures established by the
Chief of Police.
[1]
Editor's Note: A copy of the Maple Shade Police Department Rules and Regulations is included as an attachment to this chapter.
A.
No person shall be appointed as a special law enforcement officer
unless the person meets the criteria of N.J.S.A. 40A:14-146.10, including
but not limited to the provision that the person:
(1)
Is legally permitted to work in the United States.
(2)
Is a resident of the State of New Jersey during the term of appointment.
(3)
Is at least 18 years of age.
(4)
Shall possess and maintain a valid New Jersey driver's license.
(5)
Shall be able to read, write and speak the English language well
and intelligently and have a high school diploma or its equivalent.
(6)
Shall be sound in body and of good health and be able to perform
the physical functions of the duties assigned.
(7)
Shall be of good moral character and shall not have been convicted
of any crime or offense involving moral turpitude (dishonesty) or
a crime or offense that would render him/her unfit for duty.
(8)
Shall successfully undergo the same psychological testing that is
required of full-time police officers.
B.
Additionally, SLEO III personnel:
(1)
Must be retired law enforcement officers who are less than 65 years
of age. For the purposes of this subsection, a law enforcement officer
shall not be considered retired if the officer's return to employment
violates any federal or state law or regulation, which would deem
the officer's retirement as not being bona fide;
(2)
Must have served as a duly qualified, fully trained, full-time officer
in any municipality or county of this state or as a member of the
New Jersey State Police and was separated from that prior service
in good standing, within three years of appointment. "Good standing"
means to exclude a retirement resulting from injury or incapacity.
(3)
Must be physically capable of performing the functions of the position,
determined in accordance with PTC guidelines.
(4)
Must possess a valid New Jersey PTC basic police officer certification
or New Jersey State Police Academy certification.
(5)
Must be hired only in a part-time capacity.
A.
SLEO Class
I (SLEO I) are authorized to perform only certain duties of a regular
full-time police officer. SLEO I duties shall include foot and bicycle
patrol, community engagement and such other duties as specified by
the Chief of Police.
[Added 6-24-2021 by Ord. No. 2021-05[1]]
(1)
SLEO
I shall not be assigned any duties which may require the carrying
or use of a firearm.
(2)
SLEO
I duties shall include foot and bicycle patrol, community engagement
and such other duties as specified by the Chief of Police.
(3)
SLEO
I are authorized to carry designated mechanical force weapons while
on duty and must qualify and demonstrate proficiency with the same
frequency as regular police officers.
(4)
SLEO
I are authorized to utilize handcuffs and other restraining devices
consistent with this Department's policies upon demonstrating proficiency
in the use of these devices.
(5)
SLEO
I 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 Revised Statutes.
B.
SLEO Class II (SLEO II) are authorized to perform all duties of regular
full-time police officers subject to the authorization of the Chief
of Police.
(1)
SLEO II are authorized to carry firearms and must qualify and demonstrate
proficiency with the same frequency as regular police officers.
(2)
SLEO II are authorized to carry designated mechanical and enhanced
mechanical force weapons while on duty and must qualify and demonstrate
proficiency with the same frequency as regular police officers.
(3)
SLEO II are authorized to utilize handcuffs and other restraining
devices consistent with this department's policies and only after
demonstrating proficiency in the use of these devices.
(4)
SLEO II have the power of arrest and the authority to issue summonses
and uniform traffic tickets the same as regular full-time police officers.
SLEO II can enforce crimes, disorderly person offenses, petty disorderly
person offenses and Township ordinances.
C.
SLEO Class III (SLEO III) are authorized to exercise full powers
and duties similar to those of a permanent, regularly appointed full-time
police officer while providing security at a public or nonpublic school
premises while occupied by the public or nonpublic school students
and/or its staff.
(1)
SLEO III personnel are authorized to carry a handgun and must qualify
and demonstrate proficiency with the handgun and any other authorized
firearms with the same frequency as regular police officer but must
first comply with the requirements of N.J.S.A. 2C:39-6 authorizing
a retired law enforcement officer to carry a handgun.
(2)
SLEO III are authorized to carry designated mechanical and enhanced
mechanical force weapons while on duty and must qualify and demonstrate
proficiency with the same frequency as regular police officers.
(3)
SLEO III are authorized to utilize handcuffs and other restraining
devices consistent with this department's policies and only after
demonstrating proficiency in the use of these devices.
(4)
SLEO III personnel are not eligible for health care benefits or enrollment
in any state-administered retirement system.
(5)
Specific SLEO III duties are contained within the Police Department
Rules and Regulations.[2]
[2]
Editor’s Note: A copy of the Maple Shade Police Department Rules and Regulations is included as an attachment to this chapter.
[Amended 6-24-2021 by Ord. No. 2021-05]
The Township Manager shall make appointments upon recommendation
by the Chief of Police or his/her designee. The Chief of Police or
his/her designee shall certify the eligibility and qualifications
of all applicants, in writing, to the Township Manager prior to appointment.
