[Ord. #87-31, § 1, 7-13-87]
The number of Class Two Special Law Enforcement Officers within
the Cherry Hill Police Department shall not exceed twenty five (25%)
percent of the total regular police officers.
[Ord. #80-19, §§ 1.01—1.03, 4-14-80]
a.
The regulations and procedures set forth herein shall constitute
the rules and regulations established for the government of the Department
of Police and the discipline of its members within the meaning of
N.J.S.A. 40A:14-17.
b.
Non-compliance with the regulations set forth herein, as well as
misconduct, shall be grounds for suspension, removal, reduction in
rank, fine, or reprimand.
c.
All personnel, including sworn police officers, reserve police officers,
special officers, and civilians performing duties under the supervision
of the Department of Police are subject to the provisions of this
Code.
[Ord. #80-19, § 4.03, 4-14-80]
This section is enacted pursuant to N.J.S.A. 40A:14-118 and
40A:14-147.
[Ord. #80-19, § 3.67, 4-14-80]
Members and employees shall, at all times, unless specified
otherwise, strictly adhere to the proper chain-of-command as outlined
in the Official Department of Police Table of Organization.
[Ord. #80-90, § 3.38, 4-14-80]
Members and employees shall be neat in appearance and well groomed
while in uniform. All articles of the uniform shall conform to Department
uniform regulations. Civilian clothing will not be worn with any part
of the uniform unless deemed absolutely necessary in the conduct of
crime repression activity and only with prior approval from the appropriate
superior officer.
[Ord. #80-19, 4-14-80; Ord. #2008-14, 9-22-08]
Members and employees shall report their current address and
telephone number to their supervisor and to such other persons as
may be appropriate in accordance with Department policy. Members and
employees are required to have a telephone in the place where they
reside. Changes in address or telephone number shall be reported within
twenty-four (24) hours of the change and shall be made in writing
to the office of the Chief of Police.
[Ord. #80-19, § 3.04, 4-14-80]
Within the Township, members shall, at all times, take appropriate
action to protect life and property, preserve the peace, prevent crime,
detect and arrest violators of the law, and enforce all Federal, State
and local laws and ordinances coming within the jurisdiction of the
Department of Police.
[Ord. #80-19, §§ 3.05, 3.07, 3.20, 3.21, 3.23,
3.24, 3.26, 3.27, 3.42, 3.58, 4-14-80; Ord. #2008-14, 9-22-10]
a.
Responsibility. Members shall, at all times, respond to the lawful
orders of a superior officer and other proper authorities, as well
as calls for services from citizens. The administrative delegation
of the enforcement of certain laws and ordinances to particular units
of the Department of Police does not relieve members of other units
from the responsibility of taking prompt, effective Police action
within the scope of those laws and ordinances when the occasion so
requires. Members assigned to special duties are not relieved from
taking proper action outside the scope of their specialized assignment
when necessary. All members and employees shall perform their duties
as required or directed by law, Department of Police rule, policy,
or order, or by the lawful order of a superior officer.
b.
Fitness.
1.
All members and employees shall maintain good physical condition.
Members and employees shall not feign illness or injury, falsely report
themselves ill or injured, or otherwise deceive or attempt to deceive
any official of the Department of Police as to the condition of their
health.
2.
Members and employees shall be required to furnish a doctor's certificate
to substantiate requests for approval of sick leave when such sick
leave exceeds five (5) consecutive workdays, or when management has
given written notice to an employee that there is good reason to believe
that the employee has abused the sick leave privilege and must therefore
furnish a doctor's certificate for each absence from work which is
claimed as sick leave.
3.
Notwithstanding any of the foregoing provisions of this paragraph,
the Chief of Police or his/her designee may require examination of
an employee by the Township appointed physician or medical group at
the expense of the Township whenever he has reason to believe that
an employee is physically or mentally unfit for duty.
c.
Availability. Members and employees shall not conceal themselves
except for some police purpose. They shall be immediately and readily
available to the public during duty hours and respond to calls and
requests for service and assistance from citizens or other members
and employees. All calls for service shall be answered as soon as
possible. Emergency calls will take precedence. As appropriate, the
Communications Center will be appraised as to the status of available
personnel.
d.
Prohibited Activity. Members and employees are prohibited from engaging
in the following activities while on duty: sleeping, loafing, recreational
reading, conducting personal business, and consuming alcoholic beverages.
Members and employees are prohibited from gambling while on duty,
except in the performance of an officially sanctioned police duty,
and then only with the specific consent of a superior officer, and
never in uniform. In addition, members and employees are prohibited
from using wireless telephones while operating department vehicles,
except as specified in New Jersey Motor Vehicle and Traffic Regulations
statutes 39:4-97.3 and 39:4-97.4.
e.
Neglect. Members and employees shall not read, play games, watch
television or movies or otherwise engage in entertainment while on
duty, except as may be required in the performance of an official
Police duty. Members and employees shall not engage in any activity
or personal business which would cause them to neglect or be inattentive
to duty.
f.
Meals. Members and employees may be permitted the privilege of suspending
patrol or other assigned duties and activities, subject to immediate
recall at all times, for the purpose of meal periods during their
tours of duty, but only for such a period of time, and at such a time
and place as established by Department of Police policy and procedures.
g.
Relief. Members and employees shall remain in their assignment areas
and on duty until properly relieved or until dismissed by the appropriate
authority. Officers shall not leave their assigned posts, sectors,
districts, etc., during a tour of duty except when authorized by proper
authority.
h.
Absence Without Leave and Tardiness. Except in the case of illness
or injury any member or employee who fails to appear for duty on the
date, time and place specified without prior official approval of
the appropriate authority is absent without leave. Any member or employee
who, due to illness or injury, fails to appear for duty on the date,
time and place specified without prior notification to the appropriate
authority is absent without leave. Prior notification shall mean a
communication between the employee's immediate supervisor, that takes
place no later than thirty (30) minutes after the start of the employee's
scheduled tour of duty. Any member or employee who is late for any
scheduled duty assignment without authorization shall be considered
tardy. Members or employees who are absent without leave or tardy
may be subject to disciplinary action.
i.
Questions Regarding Assignment. Members and employees in doubt as
to the nature or details of their assignment shall seek information
from their supervisors by going through the chain of command.
j.
Compensation for Other Damages Sustained. Members and employees shall
not seek in any way, nor accept from any person, money or other compensation
for damages sustained or expenses incurred by them in the line of
duty without first notifying the Chief of Police in writing through
proper channels.
[Ord. #80-19, § 3.41, 4-14-80; Ord. #2008-14, 9-22-08]
a.
Display. Members and employees shall carry firearms in accordance
with law and established Department policy and procedure. Members
and employees shall never display firearms unnecessarily or draw them
in any public place except for authorized inspection or official use.
b.
Discharge. Members and employees are required to report any discharge
of firearms, accidental and otherwise on or off duty. This report
shall be in writing to the appropriate superior officer, according
to Department policy and procedure.
[Ord. #80-19, §§ 3.02, 3.11, 3.54, 3.57, 4-14-80]
a.
Standard. Members of the Department of Police shall conduct themselves
at all times, both on and off duty, in such a manner as to reflect
most favorably on the Department of Police. Conduct unbecoming an
officer shall include that which brings the Department of Police into
disrepute, or reflects discredit upon the officer as a member of the
Department, or that which impairs the operation or efficiency of the
department or officer.
b.
Conduct Toward Superior Officers, Subordinate Officers and Associates.
Members and employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at
all times in their associations with one another. When on duty, particularly
in the presence of other members, employees, or the public, officers
shall be referred to or addressed by rank.
c.
Conduct Toward the Public. All members and employees shall remain
completely impartial toward all persons coming to the attention of
the Department of Police. Members and employees shall be courteous
and orderly in their dealings with the public. They shall perform
their duties avoiding harsh, violent, profane, or insolent language,
and remain calm regardless of provocation to do otherwise. They shall
exercise the utmost control over their emotions and shall not engage
in argumentative discussions. Members and employees shall be immediately
and readily available to the public during duty hours and shall attend
to requests for services from the public quickly and accurately, avoiding
unnecessary referral to other sections or units within the Department
of Police. When a person requests assistance or advice, or makes a
complaint or report, either by telephone or in person, all pertinent
information will be obtained in an official and courteous manner and
will be properly and judiciously acted upon consistent with established
department policy and procedure. Members and employees shall never
attempt to dissuade any citizen from lodging any complaint against
the Department or authorized representatives thereof and shall follow
established guidelines for processing complaints.
d.
Immoral Conduct. Members and employees shall maintain a level of
moral conduct in their personal and business affairs which is in keeping
with the highest standards of the Department of Police and the law
enforcement profession. Members and employees shall not participate
in any incident involving moral turpitude which impairs their ability
to perform as law enforcement officers or causes the Department to
be brought into disrepute. Moral turpitude shall mean any action that
is contrary to justice, honesty or good morals.
[Ord. #80-19, §§ 3.08—3.09, 4-14-80]
a.
Knowledge. Every member and employee is required to establish and
maintain a working knowledge of all laws and ordinances in force in
the municipality, the rules and policies of the Department of Police,
and all orders of the department. In the event of improper action
or breach of discipline, it will be presumed that the member was familiar
with the law, rule, or policy in question.
b.
Obedience. Members and employees shall obey and observe all Federal
and State laws and municipal ordinances of any jurisdiction in which
the member or employee is present. A conviction for the violation
of any law shall be prima facie evidence of a violation of this paragraph.
However, conviction is not a prerequisite to administrative action
under this paragraph.
[Ord. #80-19, §§ 3.06, 3.13—3.15, 4-14-80]
a.
Manner of Issuing. Orders from superiors to subordinates shall be
in clear, understandable language, and issued in pursuit of Department
business.
b.
Unlawful Orders. Members and employees shall not obey any order which
they know or should know would require them to commit any illegal
act. If in doubt as to the legality of an order, the person to whom
the order is directed shall request the issuing officer to clarify
the order or to confer with higher authority.
c.
Insubordination. Members and employees shall promptly obey any lawful
order of a superior officer. This will include orders relayed from
a superior officer by an officer of the same or lesser rank.
d.
Conflicting Orders. Members and employees who are given an otherwise
proper order which is in conflict with a previous order, rule, regulation,
or directive shall respectfully inform the superior officer issuing
the order of the conflict. If the superior officer issuing the order
does not alter or retract the conflicting order, the order shall stand.
Under these circumstances, the responsibility for the conflict shall
be upon the superior officer. Officers shall obey the conflicting
order and shall not be held responsible for disobedience of the order,
rule, regulation, or directive that was previously issued.
[Ord. #80-19, § 3.47, 4-14-80]
a.
Members and employees shall furnish their name and badge number to
any person requesting that information, when they are on duty or while
holding themselves out as having an official capacity, except when
the withholding of such information is necessary for the performance
of police duties or is authorized by the proper authority.
b.
Except when impractical or unfeasible, or when identity is obvious,
members and employees shall identify themselves by displaying the
official badge and identification card before taking police action
or when acting as authorized representatives of the Department of
Police on official business when identification is necessary.
c.
Members and employees are required to carry the authorized official
department identification card and badge when off-duty and in public,
except when impractical or dangerous to their safety.
[Ord. #80-19, § 3.46, 4-14-80; Ord. #2013-21, 7-8-13]
a.
Investigations shall be conducted in accordance with Department policy
and procedure. Members and employees shall not interfere with cases
or investigations being handled by other members and employees of
the Department or by any other governmental agency unless ordered
to intervene by the appropriate superior officer, or unless the intervening
member or employee believes beyond a reasonable doubt that a manifest
injustice would result from failure to take immediate action. Members
and employees shall not knowingly, recklessly, or negligently convey
or provide information which is dishonest, misleading, or a misrepresentation
except as necessary in the course of conducting an investigation or
as authorized by the courts.
b.
Members and employees shall not make any arrest, search or seizure
which they know is not in accordance with the law. Transportation
of prisoners shall be made according to department policy and procedure.
c.
The use of physical force shall be limited to those occasions when
a member or employee is in danger of injury, in order to protect third
parties or innocent bystanders from injury, or to apprehend an individual
who resists arrest or removal. Only reasonable force may be used.
At no time shall an individual be abused, mistreated or denied his/her
civil rights and due process of law.
d.
Members and employees shall safeguard against the escape or careless
release of any prisoner coming within the scope of their responsibility.
[Ord. #80-19, § 3.48, 4-14-80]
Members and employees shall treat official business of the Department
of Police as confidential. Information regarding official business
shall be disseminated only to those for whom it is intended, in accordance
with established department procedures. Members and employees may
remove or copy official records or reports only in accordance with
established department procedures. Members and employees shall not
release police information outside of the department except as provided
elsewhere and in accordance with policy and procedure. Information
contained in police records, information ordinarily accessible only
to members and employees, and names of informants, complainants, witnesses,
and other persons known to the police are considered confidential.
[Ord. #80-19, § 3.49, 4-14-80]
Members and employees shall not interfere with the service of
legal process, nor interfere with the attendance or testimony of witnesses
through coercion, bribery, or other means, nor take any other action
which will interfere with the efficiency or integrity of the administration
of criminal justice. Members and employees shall not communicate in
any manner, either directly or indirectly, any information which might
assist persons charged with criminal or quasi-criminal acts to escape
arrest or punishment, or which may enable them to dispose of or secrete
evidence of unlawful activity, money, or merchandise or other property
unlawfully obtained.
[Ord. #80-19, § 3.53, 4-14-80]
Property or evidence which has been discovered, gathered, or
received in connection with department responsibilities will be processed
in accordance with established department procedures and according
to law. Members and employees shall not convert to their own use,
manufacture, conceal, falsify, destroy, remove, tamper with or withhold
any property or evidence in connection with an investigation or other
police action except in accordance with established department procedures.
[Ord. #80-19, § 3.36, 4-14-80]
a.
Members and employees shall maintain sufficient competency to satisfactorily
perform their duties and the responsibilities of their position. Members
and employees shall perform their duties in a manner which will maintain
the highest standards of efficiency in carrying out the functions
and objectives of the Department of Police.
b.
Unsatisfactory performance may be demonstrated by:
1.
A lack of knowledge of the application of the laws to be enforced;
2.
An unwillingness or inability to perform assigned tasks;
3.
The failure to conform to work standards established for the employee's
rank, grade, or position;
4.
The failure to take appropriate action on the occasion of a crime,
disorder, or other condition deserving police attention.
d.
The failure of a superior officer to properly supervise subordinates,
prefer disciplinary charges, or take other appropriate disciplinary
action in accordance with Department of Police policy and procedure,
shall constitute unsatisfactory performance.
[Ord. #80-19, § 3.33, 4-14-80]
Members and employees shall not knowingly visit, enter or frequent
a house of prostitution, gambling house, or establishment where Federal,
State, or local laws and ordinances are regularly violated except
in the performance of duty of while acting under proper and specific
orders from a superior officer.
[Ord. #80-19, 4-14-10; Ord. #2008-14, 9-22-08]
Members and employees may use tobacco as long as they are not
in a formation, do not have to vacate an assigned area or post for
the sole purpose of doing so, and they are not engaged in traffic
control and direction. When in direct contact with the public, members
and employees must obtain permission to use tobacco from the public
with whom they are in direct contact. In addition, no members or employees
are to smoke in any public place as outlined in the New Jersey Code
of Criminal Justice Statute 2C:33-13.
[Ord. #80-19, §§ 3.28—3.31, 4-14-80]
a.
Prohibited in Police Installations. Members and employees shall not
store or bring into any police facility or vehicle, alcoholic beverages,
controlled dangerous substances, narcotics or hallucinogens, except
when the items are held as evidence and properly identified and stored
consistent with department policy.
b.
Possession and Use of Drugs. Members and employees shall not possess
or use any controlled dangerous substance, narcotic, or hallucinogen
except when prescribed for treatment by a physician or dentist. When
controlled substances, narcotics, or hallucinogens are lawfully prescribed,
members and employees shall notify their immediate supervisor.
c.
Use of Alcohol on Duty or in Uniform. Members and employees shall
not consume any alcoholic beverage while on duty except in the performance
of duty and while acting under proper and specific orders from a superior
officer but never in uniform. Members and employees shall not be on
duty while under the influence of an alcoholic beverage to any degree
whatsoever, or with an odor of an alcoholic beverage on their breath.
d.
Use of Alcoholic Beverages Off Duty. Members and employees, while
off duty, shall refrain from consuming alcoholic beverages to the
extent that such consumption results in irresponsible, obnoxious,
or offensive behavior which discredits them or the department or renders
them unfit to report for their next regular tour of duty. Members
and employees shall not engage in the consumption of an alcoholic
beverage while dressed in full or partial uniform and while in public
view.
e.
Drug
Testing. All officers will be ordered to submit to a drug test when
there is reasonable suspicion to believe that the officer is illegally
using drugs as well as being subject to mandatory random drug testing
pursuant to AG Directive 2018-2. A negative result is a condition
of employment as a sworn officer and a positive result will result
in: a) the officer's termination from employment; b) inclusion of
the officer's name in the central drug registry maintained by the
Division of the State Police; c) the officer being permanently barred
from future law enforcement employment in New Jersey. Any officer
who refuses to submit to a drug test based on reasonable suspicion
or random drug testing after being lawfully ordered to do so are subject
to the same penalties as those officers who test positive for the
illegal use of drugs. A sworn law enforcement officer who resigns
or retires after receiving a lawful order to submit to a urine specimen
for drug testing and who does not provide the specimen shall be deemed
to have refused to submit to the drug test.
[Added 11-13-2018 by Ord. No. 2018-11]
[Ord. #80-19, § 3.35, 4-14-80]
Members and employees shall not engage or participate in any
form of illegal gambling at any time, except in the performance of
duty and while acting under proper and specific orders from a superior
officer.
[Ord. #80-19, §§ 3.16—3.17, 4-14-80]
a.
Soliciting or Accepting. Members and employees shall not under any
circumstances solicit or accept from any person, business or organization
any gift, gratuity, loan, fee, tangible or intangible personal property,
food, beverage, promise, service, entertainment, or any other thing
of value, arising from, or offered because of membership or employment
with the Department of Police or any activity connected with the membership
or employment, if it may reasonably be inferred that the person, business
or organization:
1.
Seeks to influence action of an official nature or seeks to affect
the performance or nonperformance of an official duty.
2.
Has an interest which may be substantially affected directly or indirectly
by the performance or nonperformance of an official duty.
3.
Seeks to compensate the member or employee for any official action.
b.
Disposition of Unauthorized Gifts, Gratuities, Etc. Any unauthorized
gift, gratuity, loan, fee, or reward that comes into the possession
of any member or employee shall be forwarded to the Chief of Police
through official channels together with a written report that explains
the circumstances connected therewith.
[Ord. #80-19, § 3.19, 4-14-80]
Members and employees shall not undertake financial obligations
which they know or should know they will be unable to meet, and shall
pay all just debts when due. Nonpayment of debts that are in dispute
between an employee and a creditor shall not be the subject of disciplinary
action. An isolated instance of financial irresponsibility will not
be grounds for disciplinary action except where specific reasons exist
to question the propriety or legality of the financial obligation.
However, repeated instances of financial difficulty may be cause for
disciplinary action. Filing for a voluntary bankruptcy petition shall
not, by itself, be cause for disciplinary action. Financial difficulties
stemming from unforeseen medical expenses or personal disaster shall
not be cause for disciplinary action, provided that a good faith effort
to settle all accounts is being undertaken. No member or employee
shall borrow any money or otherwise become indebted to any other member
or employee to the extent that such indebtedness interferes with the
efficient operation of the Department of Police or the job performance
of either member or employee involved in the transaction.
[Ord. #80-19, § 3.18, 4-14-80]
Members and employees shall not use the color of their office
for personal gain. This provision includes, but is not limited to,
the display of Department of Police identification for personal or
financial gain, obtaining privileges not otherwise available to them
except in the performance of duty, or for attempting to avoid consequences
for illegal acts. Members and employees shall not lend to another
person their Department of Police identification or permit them to
be photographed or reproduced without the approval of the Chief of
Police. Members and employees shall not authorize the use of their
names, photographs, or official titles which identify them as members
and employees, in connection with testimonials or advertisements of
any commodity or commercial enterprise, without the approval of the
Chief of Police.
[Ord. #80-19, § 3.12, 4-14-80]
Members and employees shall not publicly criticize or ridicule
the Department of Police, its policies, or other members and employees
by talking, writing, or expressing in any other manner, where such
talking, writing, or other expression is defamatory, obscene, unlawful,
or tends to impair the operation of the Department by interfering
with its efficiency, interfering with the ability of supervisors to
maintain discipline, or having been made with reckless disregard for
truth of falsity.
[Ord. #80-19, § 3.39, 4-14-80]
a.
Members and employees shall utilize Department equipment only for
its intended purpose, in accordance with established Department policy
and procedure, and shall not abuse, damage or lose Department equipment.
All equipment issued to members and employees shall be maintained
in proper order.
b.
In the event that municipal property is found bearing evidence of
damage which has not been reported, it shall be prima facie evidence
that the last person using the property or equipment was responsible.
c.
Members and employees shall immediately report the loss, theft or
damage of any Department property assigned to or used by them to the
appropriate superior officer. The immediate supervisor will be notified
of any defects or hazardous conditions existing in any Department
equipment immediately upon discovery.
d.
Members and employees shall not mark, alter or deface any surface
in any Department area or upon any Department equipment. No material
shall be affixed to any wall or attachment without specific prior
approval of the appropriate superior officer. Members shall not mark,
alter, or deface any posted notice or memoranda of the Department.
Notices or announcements shall not be posted on walls or attachments
without specific permission from the appropriate superior officer.
e.
Members and employees are required to surrender all Department property
in their possession upon separation from active service.
[Ord. #80-19, § 3.40, 4-14-80; Ord. #2014-7, 7-28-14]
a.
Members and employees shall operate official vehicle in a careful
and prudent manner, and shall obey all laws and Department orders
pertaining to such operations. Revocation or suspension of any driver's
license shall be reported to the appropriate superior officer immediately.
b.
Members and employees shall not use any Department vehicle without
the permission of the appropriate superior officer. Department vehicles
shall never be used for personal business or pleasure and shall not
be driven outside the municipality except on official business without
specific authorization from the appropriate superior officer.
c.
Citizens will be transported in Department vehicles only when necessary
to accomplish a police purpose. Such transportation shall be done
in conformance with Department policy at the direction of a command
officer, supervisor, or by police radio.
d.
Keys and key fobs shall be removed from police vehicles while unoccupied.
Similarly, vehicles with a keyless ignition shall be turned off when
unoccupied.
[Ord. #80-19, § 3.43, 4-14-80]
Members and employees shall not use Department of Police or
Township letterheads for private correspondence, nor send correspondence
out of the department over their signatures without prior permission
of the Chief of Police. Any member of employee receiving a written
communication for transmission to a higher command shall in every
case forward such communication. A member or employee receiving a
communication from a subordinate directed to a higher command shall
endorse it indicating approval, disapproval, comments, or acknowledgement,
and forward it through the chain of command.
[Ord. #80-19, § 3.44, 4-14-80]
All members and employees operating a police radio shall observe
regulations for such operation as set forth in Department orders and
by the Federal Communications Commission.
[Ord. #80-19, § 3.25, 4-14-80; Ord. #2014-3, 3-10-14]
Members and employees shall promptly submit such reports as
are required by the performance of their duties or by an appropriate
authority. Members and employees shall submit all necessary reports
on time and in accordance with established police procedures. Reports
submitted shall be truthful and complete, and no member or employee
shall knowingly enter or cause to be entered any inaccurate, false,
or improper information, or intentionally neglect to make a proper
entry in any Department report, log, etc.
a.
Members and employees, who become involved in an incident while in
an off-duty capacity, shall notify their supervisor as soon as practical.
The member and employee will document his or her involvement, as required
by the agency having primary jurisdiction where the incident occurred.
When members and employees are arrested, charged or come under investigation
in another jurisdiction for any criminal or disorderly persons offense
he or she will notify his or her supervisor, as soon as practical.
All documentation will be forwarded to and retained by the Office
of Internal Affairs.
[Ord. #80-19, § 3.45, 4-14-80]
Should a member or employee be killed or seriously injured on
or off-duty, immediate verbal notification shall be made to the Chief
of Police by a member or employee who has knowledge thereof. Serious
injury in this instance shall mean an injury which could result in
death or disability. In cases where any injury is sustained while
on duty, serious or otherwise, inclusive of death, written reports
shall be forwarded to the Office of the Chief of Police through proper
channels no later than the following day. Information shall include,
but not necessarily be limited to, the date, time, location, cause,
extent of injury, and any other information pertinent to the incident.
The extent of injury and circumstances shall determine notifications
to command staff personnel as prescribed in Department policy or procedure.
The family of a member or employee who has been injured or killed
shall be notified by the Chief of Police or the person to whom the
authority has been delegated in accordance with Department policy.
[Ord. #80-19, § 3.03, 4-14-80]
All members and employees are required to take appropriate police
action toward aiding a fellow peace officer exposed to danger or in
a situation where danger might be impending. Members and employees
shall assist other law enforcement agencies as prescribed by Department
policy and procedure.
[Ord. #80-19, § 3.22, 4-14-80]
Uniformed members and employees will render full military honors
to the national colors and anthem at appropriate times. Members and
employees in civilian dress shall render proper civilian honors to
the national colors and anthem at appropriate times.
[Ord. #80-19, § 3.59, 4-14-80]
Upon the order of the Chief of Police, or a superior officer
having the authority, members and employees shall truthfully answer
all questions specifically directed and narrowly related to their
scope of employment and/or operations of the Department which may
be asked of them. Members and employees are required to be truthful
at all times whether or not under oath.
[Ord. #80-19, § 3.66, 4-14-80]
Intentional falsification of application to gain employment
shall be grounds for disciplinary action.
[Ord. #80-19, § 3.52, 4-14-80]
Members and employees shall avoid regular or continuous associations
or dealings with persons whom they know, or should know, are persons
under criminal investigation or indictment, or who have a reputation
in the community or Department of Police for suspected present involvement
in criminal activity, except as necessary in the performance of official
duties, or where unavoidable because of other personal relationships
of the member or employee.
[Ord. #80-19, § 3.68, 4-14-80; Ord. #2003-3, § 1,
2-24-03]
Members and employees shall not use their official capacity
to influence, interfere with or affect the results of a public election.
Members and employees shall not use or give the appearance of using
their official status at any time or place for the purpose of soliciting
contributions or attempting to exert influence in respect to any election.
This includes but is not limited to the use or title of the wearing
of the uniform. Members and employees shall not engage in any political
activity while on duty, in uniform, or in any Township work area.
Members and employees shall not engage in the promotion of any religious
beliefs to the public while on duty, in uniform, in any Township work
area, or within the scope of their employment. This prohibition does
not include an officer or member's official assignment to a religious
facility or funeral procession.
[Ord. #80-19, § 3.55, 4-14-80]
Members and employees shall have the right to join labor organizations,
but nothing shall compel the Department of Police to recognize or
to engage in collective bargaining with any such labor organizations
except as provided by law. Members and employees shall not engage
in any work stoppage or strike. Strike shall mean and include but
is not limited to the concerted failure to report for duty, the concerted
stoppage of work, the concerted use of sick leave, boycotting or disruptive
demonstrations by any employee or employee group, or the concerted
absence in whole or in part from the full, faithful and proper performance
of the duties of employment with the Township for the purpose of inducing,
influencing, condoning, or coercing a change in the terms and conditions
of employment, or the rights, privileges, or obligations or public
employment, or participating in any manner in any course of conduct
which adversely affects the services to the Township. Members and
employees are prohibited from conducting, communicating, or otherwise
transacting any union, labor organization or association business
while on duty, except as provided by law or the current collective
bargaining agreement.
[Ord. #80-19, § 3.54, 4-14-80]
Members and employees shall not address any individual or group,
offer comments or grant interviews to the news media, or prepare any
article for publication, while holding themselves out as representing
the Department of Police without the express permission of the Chief
of Police or his/her designee.
[Ord. #80-19, § 3.50, 4-14-80]
Members and employees shall not recommend or suggest in any
matter, except in the transaction of personal business, the employment
or procurement of a particular person, product, or service. Members
and employees shall not suggest, recommend, advise, or otherwise counsel
the retention of any specific attorney or bail bond broker to any
person coming to their attention as the result of a police action
involving any member or employee of the Department of Police.
[Ord. #80-19, § 3.56, 4-14-80]
No member or employee may seek the influence or intervention
of any person outside of the Department of Police for purposes of
personal preferment, advantage, transfer, or advancement.
[Ord. #80-19, § 3.51, 4-14-80]
Members and employees shall not act as bailors for any person
in custody except relatives, and in no case where any fee, gratuity,
or reward is solicited or accepted. Relief from the provisions of
this subsection may be granted by the Chief of Police or his/her designee.
[Ord. #80-19, § 3.60, 4-14-80]
Members and employees shall, upon being directed or subpoenaed,
attend court of quasi-judicial hearings. Permission to omit this duty
shall be obtained from a competent court official. When appearing
in court, either the standard uniform or clothing that complies with
standards imposed on officers working in plain clothes shall be worn.
Weapons shall not be displayed unless wearing the official uniform.
[Ord. #80-19, § 3.61, 4-14-80]
Any member or employee who is subpoenaed or directed to testify
for the defense in any trial or hearing or against the municipality
or Department of Police in any hearing or trial shall notify the Chief
of Police in writing through proper channels prior to testifying.
[Ord. #80-19, § 3.62, 4-14-80]
Civil action interviews involving members and employees which
arise out of Department employment shall be conducted according to
Department policy and procedure.
Members and employees shall notify the Chief of Police in writing
through proper channels prior to the interview.
[Ord. #80-19, § 3.63, 4-14-80]
Members and employees shall not serve civil processes unless
the specific consent of the Chief of Police is obtained.
[Ord. #80-19, § 3.64, 4-14-80]
Members and employees shall not volunteer to testify in civil
actions and shall not testify unless legally subpoenaed. Members and
employees will accept all subpoenas legally served. If the subpoena
arises out of Department employment of if the member of employee is
informed that he/she is a party to a civil action arising out of Department
employment, he shall immediately notify the Chief of Police through
proper channels. Members and employees shall not enter into any financial
understanding for appearances as witnesses prior to any trial, except
in accordance with Department policy and procedure.
[Ord. #80-19, § 3.65, 4-14-80]
Members and employees shall notify the Chief of Police before
giving a deposition or affidavit in a civil case.
[Ord. #80-19, §§ 3.01—3.10, 4-14-80]
a.
Members of the Department of Police shall not commit any acts or
omit any acts which constitute a violation of any rules, regulations,
directives or orders of the Department of Police whether stated in
this Code of Conduct or elsewhere.
b.
Members and employees having knowledge or other members or employees
violating laws, ordinances, or rules of the Department of Police,
or disobeying orders, shall report the violations to the Chief of
Police.
[Ord. #80-19, §§ 2.01—2.04, 4-14-80]
a.
No permanent employee, sworn or civilian, employed by the Department
of Police shall be suspended, removed, fined or reduced in rank or
office except pursuant to these rules.
b.
Hearings for violations of this Code of Conduct shall follow the
procedures set forth by the Chief of Police.
c.
A supervisor may temporarily relieve from duty an employee under
his/her supervision for a period of not more than one (1) work day
on the grounds that the employee is unfit for duty. Unfit for duty
shall mean or may include any physical or mental condition which might,
in the judgment of the supervisor, render the employee incapable of
adequately performing duties, or performing them in such a way as
to embarrass or discredit the Department of Police, or jeopardize
the safety of any person or property. The supervisor shall immediately
notify the division commander of the employee relieved from duty,
concerning any action under this subsection. A relief from duty under
this subsection shall not involve a loss of pay; however, loss of
pay for the period of relief from duty for this occurrence may be
imposed in addition to any subsequent disciplinary action based on
this occurrence.
d.
When appropriate, formal charges for violation of the provisions
of this Code shall be initiated as soon as is practicable, and shall
not be held in abeyance. A member or employee may petition the Chief
of Police for dismissal of charges pending against him/her, if the
charges were not filed within a reasonable amount of time from the
date of the alleged offense.
[Ord. #2008-14, 9-22-08]
All police officers hired after July 1, 2006 shall serve a probationary
period of nine (9) months from the date of graduation from an accredited
police training academy. Any police officer hired after July 1, 2006
and is exempt from attending an accredited police training academy
and holds a Police Training Commission issued Basic Course for Police
Officers Certificate shall serve a probationary period of twelve (12)
months from the date of hire. Both of the aforementioned probationary
periods can be extended at the sole discretion of the Chief of Police
and/or his/her designee.
[Ord. #87-40, preamble, 9-14-87]
We live in a transient and highly mobile society, which tends
to magnify the effects of criminal behavior, and civil disorder; and,
the above factor can and has created a public safety crisis of a magnitude
which would exceed the resources of the jurisdiction in which it occurs;
and, N.J.S.A. 40A:14-152 "Boundaries, et al" tends to generally limit
the jurisdiction of municipal public safety resources; and, N.J.S.A.
40A:14-156, "Mutual Aid" provides the mechanism to exceed the aforementioned
limitations in answer to a social need.
[Ord. #87-40, § 1, 9-14-87]
Pursuant to the provisions of N.J.S.A. 40A:14-156, the Township
Council agrees to the provision of reciprocal police assistance, as
hereinafter prescribed with those municipal corporations in Camden
County, and in those counties contiguous to Camden County which demonstrate
their reciprocity by their enactment of this section.
[Ord. #87-40, § 2, 9-14-87]
It is provided that upon committing to reciprocal police assistance,
as hereinafter prescribed no payment shall be required to be made
by the assisted municipality to the municipality providing the assistance.
This exclusion will include, but is not necessarily limited to, police
salaries, cost of automobiles, motorcycles, use of police dogs, and/or
the cost of other equipment or expenses incurred by providing assistance.
This provision of non-payment is in lieu of those rates of pay and
rentals set forth in N.J.S.A. 40A:14-156, and as required by law.
[Ord. #87-40, § 3, 9-14-87]
Any of the concurring parties may withdraw from, and terminate
their part in this agreement at the end of any calendar year, providing
notice of the intention to terminate shall be given no later than
November 1 of each year to each participant. Otherwise, the agreement
shall remain in force on a yearly basis.
[Ord. #87-40, § 4, 9-14-87]
The Mutual Aid Operations Plan promulgated by the Camden County
Chiefs' Association prescribing the specifics of emergency reciprocal
police assistance is hereby incorporated by reference without inclusion
herein. The Mutual Aid Operations Plan will be periodically updated;
but the updated version will not be enacted until distributed to each
and every party hereto for their edification and whatever action they
may deem appropriate.
[Ord. #87-40, § 5, 9-14-87]
The Chief of Police shall annually, and as soon after the end
of the year as practicable, furnish the respective governing body
with a summary report of services rendered and received with his/her
comments and recommendations.
[Ord. #60, AI, § 1, 8-27-28]
There is established a volunteer Fire Department in and for
the Township. The Fire Department shall be at all times under the
control of the Township Council as hereinafter set forth and provided.
[Ord. #60, AI, § 2, 8-27-28]
The Fire Department shall consist of all persons who may be
citizens and residents of the Township and active members of any of
the five (5) volunteer fire companies in the Township known as Woodland
Fire Company, Erlton Fire Company No. 1, Ashland Fire Company No.
2, Woodcrest Fireman's Association and Church Road Civic Association
Fire Company No. 1.
[Ord. #60, AI, §§ 3, 4, 8-27-28; Ord. #105,
§ 1, 8-27-34; Ord. #73-14, § 1, 4-23-73]
a.
The Fire Department shall consist of those persons mentioned in subsection 2-51.2 above, so long as the persons shall continue to be citizens and residents of the Township and active members of any of the volunteer fire companies, as well as those persons who are or may be elected to active membership in any of the companies and who shall possess the qualifications hereinafter expressed and who may be approved by the Township Council.
b.
No person shall hereafter become a member of the Township Fire Department
or any unit thereof unless above the age of eighteen (18) years and
not over the age of thirty-five (35) years, a citizen of the United
States of America, and a resident of the Township for upwards of one
(1) year.
[Ord. #105, § 3, 8-27-34]
Every person seeking to join the Fire Department shall make
application to the company or unit which he desires to join. Upon
his/her election to membership by vote of a majority of the unit present
and voting, he shall become a member in good standing of the Fire
Department after approval of his/her membership by the Chief and confirmation
by the Township Officers. His name shall be entered on a roll of firemen
kept by the Township Clerk. He shall be given a badge which shall
be worn at all times when on duty and which shall be delivered to
the Chief at any time upon demand of the Chief, or whenever the person
is under charges involving moral turpitude or neglect of duty, or
for any cause shall cease to be an active fireman.
[Ord. #60, AI, §§ 5, 11, AVIII, § 1,
8-27-28]
a.
The officers of the Fire Department shall be a Chief Engineer and
four (4) Assistant Engineers, who shall jointly constitute a Board
of Fire Officers and who shall meet monthly or more frequently for
the transaction of all business of the Department. The Board shall
have entire and absolute control over and management of the Department
and its government when the Department is not upon active duty, subject
to the approval of the Township Council, to which approval of the
acts of the Board shall only be subject as herein particularly and
specifically provided.
b.
The Chief Engineer of the Fire Department and four (4) Assistant Engineers shall be those persons who, having the approval of the Township Council, shall be the Chiefs of the respective volunteer fire companies listed in subsection 2-51.2 of this section, and the Chief of the Fire Department shall be chosen by a system of rotation whereby for successive calendar years the Chiefs of the Woodland Fire Company, Erlton Fire Company No. 1, Ashland Fire Company No. 2, Woodcrest Fireman's Association and Church Road Civic Association Fire Company 1, shall in that order of rotation be for one (1) year terms respectively. The Chief Engineer and the other four (4) Company Chiefs shall be the Assistant Engineers, provided that in all events the Chief Engineer and Assistant Engineers shall at all times and at least annually, prior to January 1 be subject to the approval of the Township Council. If in any event any person, being one of the Company Chiefs, shall fail to secure the approval of the Township Council to the holding of the office of Chief Engineer or Assistant Engineer, then and in such event the vacancy in the office of Chief Engineer or Assistant Engineer shall be filled by appointment of the Township Council, but only from among those members of the Fire Department who shall be active members of the particular company whose Chief fails to secure the approval of the Township Council as aforesaid.
c.
The Chief and Assistant Engineers shall wear, when upon duty, a white
hat and a white frontispiece with the name of their respective offices
thereupon in white letters upon a black background.
[Ord. #60, AI, §§ 8-10; AII, § 1;
AIII, §§ 1-13; AIV, §§ 1-2; AIX, §§ 1-2,
8-27-28; Ord. #105, § 2, 8-27-34]
a.
Board of Fire Officers.
1.
The Board of Fire Officers is hereby authorized, empowered and required
to adopt a code of bylaws and rules for the control, management and
government of the Department and for the regulating of the proceedings
and business of the Board. The code of bylaws and rules, after adoption
by the Board, shall not become effective and operative until presented
to and approved by the Township Council.
2.
The Board of Fire Officers is hereby authorized, empowered and required
to inspect at least twice annually all buildings and premises where
accumulations of combustible materials or other hazardous conditions
are liable to exist and to order such changes or removals, as in their
opinion, are necessary for safety from fire. For purposes of inspection,
they are hereby empowered to enter any and all buildings and premises
at any reasonable hours.
3.
The Board of Fire Officers is required to devise forms and methods
of keeping records and shall see that records are kept of all alarms
of fire, fire losses, methods of extinguishment, drills, hose, apparatus,
minor equipment, condition of hydrants and starting or motors.
b.
Members of Department.
1.
It shall be the duty of the members of the Fire Department, so often
as any fire shall break out, to report immediately upon the alarm
to their respective fire houses and to convey their apparatus to the
location of the fire, unless otherwise directed by the Chief Engineer
or other officer in charge, and, upon such direction, they shall return
their apparatus washed and cleaned to their respective fire houses.
2.
Every member of the Fire Department shall annually perform at least
sixty (60%) percent of duty to be composed of actual attendance and
duty at fires and drills. A record shall be kept of such attendance
and duty by the Secretary of the Fire Company and reported to the
Township officers annually.
c.
Chief Engineer.
1.
The Chief Engineer shall have the general supervision of the Department
when it is not in actual duty at a fire. Such supervision shall be
subject to and not conflict with the rules and bylaws for the government
and management of the Department as may be adopted by the Board of
Fire Officers as herein provided.
2.
In all cases of fire the Chief Engineer or, in his/her absence, an
Assistant, shall have full power and absolute control and command
and cause the apparatus to be used in the most advantageous manner.
3.
Should the Chief Engineer and the Assistant Chief Engineers be absent
from a fire, the person having charge of the apparatus first arriving
at the fire shall assume the duties of the Chief Engineer until the
arrival of his/her superior officer.
4.
It shall be the duty of the Chief Engineer to report on December
31 in each year to the Township Council, the condition of the various
pieces of apparatus and appurtenances, the number of hydrants and
their condition, the number of fires during the year, their location,
cause and date of same and loss occasioned thereby, the number of
members in each Company and the total number of active members in
the Department and resignations and expulsions passed upon by the
Board of Fire Officers.
5.
The Chief Engineer and his/her Assistants or officers in command
at any fire have full and complete police authority and are hereby
authorized and directed to require and secure the removal of any and
all obstructions from in front of and around fire hydrants, and for
that purpose are authorized to call upon the head of any of the Township
Departments for aid and assistance in securing the removal of obstructions.
6.
It shall be the duty of the Chief Engineer to see that company officers
have all hoses thoroughly washed and dried after use at fires and
drills and that no wet or dirty hose is placed on the apparatus.
7.
It shall be the duty of the Chief Engineer to see that company officers
have all hoses on apparatus changed every thirty (30) days, if not
otherwise used, and have water run through them every sixty (60) days.
8.
It shall be the duty of the Chief Engineer to see that company officers
have the motors on all automobile apparatus turned over and operated
for five (5) minutes at least twice each week and that a permanent
record is kept of such operations at the company quarters.
9.
It shall be the duty of the Chief Engineer to see that all new hose
is subjected to a test of two hundred (200) pounds hydrostatic pressure
and that all hose is tested annually at a hydrostatic pressure of
one hundred fifty (150) pounds.
10.
It shall be the duty of the Chief Engineer to make a permanent record
of all reports of defective, inoperative or improperly set fire hydrants
and he/she shall submit a report to the Township Council, giving the
location of the hydrant and name of the maker, with a specification
of the troubles.
11.
It shall be the duty of the Chief Engineer to call out for practice
drill, one (1) or more companies of the department and the Chief may,
whenever he deems it necessary, call out any or all of the companies
for such drills when and where he/she thinks advisable. Each company
shall be drilled and trained not less than once each month, except
during the winter season. Any company, officer or member being reported
to the Board of Fire Officers for refusal or failure to respond to
any such order, the company, officer or members shall be liable to
suspension or expulsion as provided for by the rules and regulations
of the Board of Fire Officers.
12.
It shall be the duty of the Chief Engineer to arrange the drills
and training so that they will include the proper and efficient use
of all appliances and apparatus, the quick handling, laying and raising
of hose, halting of streams, use of shut-off nozzles, Siamese connections,
forcible entry tolls, salvage work, ladder work, life saving and modern
methods of extinguishment.
d.
Company Officer in Charge. It shall be the duty of the company officers
in charge of his/her company at a fire or drill to report to the Chief
Engineer all fire hydrants that are found frozen, out of order, leaky
or that are set in such manner as to make it difficult to connect
thereto.
It shall be the duty of the company officer in charge of each
company to keep a permanent record of the fire and drill service of
each member of his/her company. A copy of this record shall be submitted
to the Board of Fire Officers at the close of each year.
e.
Secretary.
1.
It shall be the duty of the Secretary of each company of the department
to make a report once each month to the Board of Fire Officers in
accordance with such rules and regulation as may be established by
the Board.
2.
If the secretary of any company neglects or refuses to make such
report, the Board of Fire Officers shall immediately prefer charges
against the delinquent secretary in accordance with the rules and
regulations of the Board of Fire Officers.
[Ord. #105, § 4, 8-27-34]
Exemption Certificates will be issued to members of the Township
Fire Department who shall have served seven (7) years in active duty,
under municipal control, as required by law. The certificates shall
indicate the percentage of duty performed each year and are to be
signed by the Municipal Officers and the Chief of Department.
[Ord. #60, AI, § 7, 8-27-28]
Any member of the department who has arrived at the age of fifty
(50) years may be retired from service by the Board of Fire Officers,
by and with the consent of the Township Council, and in like manner
any member may be retired who shall become physically unfit for active
service.
[Ord. #60, AV, §§ 1-2, AVII, §§ 1-2,
AX, §§ 1-2, 8-27-28]
a.
Any company officer or member having charge of any fire company while
on duty, who shall refuse or voluntarily neglect to obey or execute
any orders from the officer in charge of any fire, shall, for such
offense, be subject to suspension or expulsion from the department
by the Board of Fire Officers in such manner and upon such hearing
or trial as may be prescribed or provided by the bylaws and rules
of the Board of Fire Officers.
b.
Any officer or member of the department or and company who refuses
or voluntarily neglects to obey or execute any orders from the officer
in charge of any fire who shall violate or willfully neglect or refuse
to be controlled, governed or managed by any of the rules and bylaws
of the Board of Fire Officers, that may be adopted, shall be subject
to suspension or expulsion from the Department by the Board of Fire
Officers in such manner and upon such hearing or trial as may be prescribed
or provided by the bylaws and rules of the Board of Fire Officers;
the suspension or expulsion of any company being subject to the approval
of the Township Council.
c.
If any of the companies shall vote for expulsion or suspension of
any of its members, the result of the vote shall be reported to the
Board of Fire Officers at their next meeting.
d.
The expelled or suspended member shall have the right to appear before
the Board of Fire Officers and state cause, if any, why such penalty
should not be confirmed, and in the case of the nonappearance or in
case his appeal is not sustained, the Chief shall report his/her name
to the Township Council as expelled or suspended.
e.
All charges for offenses, neglect of duty or insubordination while
on duty at a fire that may be preferred against any company, officer
or member of the department shall be tried and determined by the Board
of Fire Officers subject, however, to an appeal of the decision to
the Township Council who shall either confirm the action of the Board
of Fire Officers or refer the same back to them for retrial.
f.
In the event of a retrial being ordered by the Township Council,
the decision arrived at by the Board of Fire Officers at such retrial
shall be final, conclusive and not subject to appeal.
[Ord. #60, AIV, § 14, AVI, §§ 1-2,
8-27-28]
a.
No member of any company shall drive the automobile apparatus except
the regularly appointed drivers unless directed to do so by the company
officer or one of the Chief Engineers, and then only in case of emergency.
b.
No fire apparatus during any fire or the report of any fire shall
be taken or moved out of its house unless an officer or member of
the company to which the management of the fire apparatus shall belong
shall be present and assent thereto.
c.
No person shall be allowed to enter any fire house or handle any
apparatus or implements belonging to the department unless accompanied
by an active member of the department.
[Ord. #60, AIV, § 3, 8-27-28]
All requests for repairs or supplies for the various companies
of the Department shall be presented to the Board of Fire Officers
for the approval or recommendation of the Board by the Secretary of
such companies at the time the monthly report mentioned in subsection
2-25.6e of this section is presented, but in case any apparatus shall
become so disabled that immediate repairs are necessary, the person
in charge of the company operating the apparatus shall immediately
report the condition of the same to the Chief who is hereby empowered
to have the same repaired at once.
