Borough of Avon-by-the-Sea, NJ Chapter 32 Police Department

[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.]

§ 32-1 Department generally.

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.

§ 32-2 The Director of the Department of Public Safety.

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.

§ 32-3 Appropriate Authority.

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.

§ 32-4 Police Committee.

[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.

§ 32-5 Composition.

[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:

(1) Board of Commissioners.

(2) Public Safety Director.

(3) The Borough Administrator.

(4) The Chief of Police.

(5) The Captain(s).

(6) The Lieutenant(s).

(7) The Sergeant(s).

(8) The patrolman.

(9) The special police officers.

§ 32-6 Duties—Police Chief.

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.

§ 32-7 Rules and Regulations.

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.

§ 32-8 Appointments.

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.

§ 32-9 Promotions.

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.

§ 32-10 Powers and Duties.

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.

§ 32-11 Discipline, suspension or dismissal.

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.

§ 32-12 Salaries.

The salaries of the members of the Police Department shall be as established by the Board of Commissioners.

§ 32-13 Employment of off-duty officers.

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.

§ 32-14 Special officers.

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.

§ 32-15 Rules and Regulations Manual.

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.

§ 32-16 Repealer.

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.