[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea 3-21-39 as Ord. No. 2; Amended in its entirety 10-24-67 by Ord. No. 166. Amended 12-11-74 by Ord. No. 16-1974; 3-10-76 by Ord. No. 4-1976; 8-27-79 by Ord. No. 7-1979; 7-28-80
by Ord. No. 13-1980; 5-11-81 by Ord. No. 11-1981; 8-10-81 by Ord. No. 20-1981; 8-25-86 by Ord.
No. 21-1986; 7-27-87 by Ord. No.
11-1987; 8-22-88 by Ord. No. 20-1988; 12-27-93 by Ord. No. 30-1993; 11-13-95 by Ord. No. 24-1995;
Amended in its entirety 3-9-09 by Ord. No. 5-2009. Subsequent amendments noted where applicable.]
The Police Department of the Borough of Avon-by-the-Sea, as
heretofore established, shall be continued without interruption and
shall be under the jurisdiction of the Board of Commissioners of the
Borough of Avon-by-the-Sea.
The Director of the Department of Public Safety shall be a member
of the Board of Commissioners and shall serve as a member of Police
Committee.
The Board of Commissioners shall serve as the Appropriate Authority
as set forth in N.J.S.A. 40A:14-118. The Board of Commissioners shall
be responsible for the overall performance of the Police Department.
The Board of Commissioners shall establish policy, shall approve rules
and regulations for the government of the Police Department and for
the discipline of its members.
[Amended 8-27-18 by Ord. No. 14-2018]
The Police Committee shall be responsible for providing recommendations
to the Board of Commissioners for the hiring and promotion of police
officers. The Police Committee shall consist of the Director of the
Department of Public Safety ("governing body representative"), the
Borough Administrator ("administration representative") and the Chief
of Police ("police department representative"). In the event of a
vacancy, the appropriate authority shall select a substitute interim
representative from the respective government body or department vacancy.
The Police Committee shall perform its duties as set forth in the
Rules and Regulations of the Borough of Avon-by-the-Sea Police Department.
[Amended 4-12-2021 by Ord. No. 07-2021]
The Police Department shall consist of a Chief of Police and
of such officers, patrolmen and other members as the Board of Commissioners,
from time to time, shall deem necessary for the preservation of peace
and good order within the Borough and as authorized by law.
A. Makeup of Department. The uniform force of the Department shall consist
of a Chief of Police, and such Captains, Lieutenants, Sergeants, and
regular police officers as the Police Committee may recommend, subject
to the approval of the Board of Commissioners. The formation of the
position of Captain, Lieutant and Sergeant does not obligate the Borough
to fill each, any or all of these positions.
B. Chain of command. All necessary orders and directives for the management
and regulation of the Police Department shall be given the chain of
command. The chain of command shall be as follows:
(3) The Borough Administrator.
(9) The special police officers.
It shall be the duty of the Chief of Police to command and regulate
the affairs of the Police Department under the supervision of the
Appropriate Authority. Pursuant to policies established by the Board
of Commissioners, as the Appropriate Authority, the Chief of Police
shall:
A. Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
B. Have, exercise, and discharge all functions, powers and duties of
the force;
C. Prescribe the duties and assignments of all subordinates and other
personnel;
D. Delegate such authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
E. Report at least monthly to the Appropriate Authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such authority; and
F. Be responsible for the day-to-day operation of the Police Department.
G. Be responsible for the observance and enforcement of all laws of
the state and ordinances within the jurisdiction of the Police Department,
and the enforcement of the rules and regulations of the Police Department;
and shall perform such other duties as shall be prescribed by the
Board of Commissioners by ordinance or resolution. He shall also be
charged with administering and enforcing any special emergency directive
for the disposition and discipline of the Department and its members
and officers.
H. See that all persons connection with the Police Department are properly
instructed in their duties and give particular attention to the instructions
and training of new members of the Department. He shall also be charged
with the responsibility of ascertaining that each and every officer
under his command is held accountable for his or her time and is devoting
his or her full attention to the performance of his or her respective
duties.
I. Have under his control all records and property of the Police Department
and designate any member of the Department to prepare reports and
keep records in a manner that the Chief may prescribe, as well as
take charge of the records and property of the Police Department and
any other property coming into the custody of the Department.
J. Operate a training program to maintain and improve the efficiency
of the members of the Department.
K. Perform those duties and responsibilities as set forth in the Rules
and Regulations of the Borough of Avon-by-the-Sea Police Department.
The Chief of Police shall have the power to make and amend the
rules and regulations for the government, discipline, direction and
management of the Police Department in order to promote proper discipline
and efficiency in the Department. The Board of Commissioners, as the
Appropriate Authority, is responsible to review and to approve the
rules and regulations, which will be binding upon the members of the
Police Department.
Appointments to the Department and the filling of vacancies
therein shall be made by the Board of Commissioners based upon the
recommendation of the Police Committee and in accordance with the
requirements of the Statutes of New Jersey and rules and regulations
approved by the Board of Commissioners. The members shall hold office
in accordance with statutes and rules and regulations approved by
the Board of Commissioners. No person shall be appointed a permanent
member of the Police Department unless that person has all the qualifications
prescribed by statute and rules and regulations approved by the Board
of Commissioners.
The appointments shall be contingent upon such person having
successfully completed a police training course at a school approved
and authorized by the Police Training Commission in the Department
of Law and Public Safety of the State of New Jersey pursuant to the
provisions of the Laws N.J.S.A. 52:17B-66 et seq.
To be eligible for appointment to the Police Department, a candidate
must meet the following criteria:
A. Be not less than twenty-one (21) years of age at the time of appointment.
B. Have a valid New Jersey driver's license.
C. Comply with all provisions as set forth in N.J.S.A. 40A:4-122.
All promotions to superior positions shall be made by resolution
of the Board of Commissioners from the membership of the Department
as construed at the time of promotion and from the recommendation
of the Police Committee. Provisions shall be made based on the procedure
and criteria set forth in the Rules and Regulations of the Borough
of Avon-by-the-Sea Police Department.
The rights, privileges, powers and duties of the members of
the Police Department, including temporary offices of special policemen,
shall be those prescribed by the laws of the State of New Jersey governing
municipal police departments generally, by the ordinances and resolutions
of the Borough of Avon-by-the-Sea, and by the rules and regulations
which may, from time to time, be adopted by the Board of Commissioners.
Members of the Police Department may be disciplined, including
suspension (with or without pay), demotion or dismissal as set forth
in the Rules and Regulations of the Borough of Avon-by-the-Sea Police
Department.
The salaries of the members of the Police Department shall be
as established by the Board of Commissioners.
A. The Chief of Police shall be responsible for the assignment of all
off-duty police related activities, and the billing of all compensation
due the Borough. The Chief of Police shall be authorized to designate
other members of the police department, as needed, to assist him in
the assignment of off-duty police related activities. The procedure
for assignment of off-duty police related activities shall be as follows:
(1) The Chief of Police or his designee shall create and maintain a list whereby police officers may volunteer for off-duty police related activities, however, the contract to be executed with regard to such off-duty police related activities shall provide that such police officers shall be compensated at the overtime rate of pay as set forth in Section
142-17.9. The Chief of Police shall advise as to the rates of pay for the officers to be employed.
(2) The Chief of Police or his designee shall assign all off-duty police
related activities from the aforementioned list of officers desiring
said assignments; said assignments shall be made on a rotating basis
as the assignment becomes available.
The Chief of Police shall recommend to the Board of Commissioners
candidates for the appointment as special officers. The Board of Commissioners
by resolution shall appoint special officers for terms ending not
later than the end of the calendar year in which the appointment is
made, and may revoke such appointments at any time without cause.
Such special officers shall not be members of the Police Department.
The Chief of Police shall have power to call upon the special officers
in case of emergency or for any special duty. The special officers
shall possess the same qualifications as to citizenship, and, while
on such special or temporary employment, shall have the same powers,
duties and obligations as members of the Police Department. All special
officers shall be under the direction of the Chief of Police.
The Chief of Police shall prepare a manual for the rules and
regulations of the government of the Police Department consistent
with the policies established by the Board of Commissioners, as the
Appropriate Authority. The Board of Commissioners, as the Appropriate
Authority shall review and approve the manual.
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed, provided, however,
that this repeal shall not affect any ordinances heretofore adopted
fixing the salaries of members of the Police Department.