[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 1-5-1948 (Ch. 31 of the 1975 Code); amended in its entirety 5-11-1992 by Ord. No. 3-92. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 56.
[Amended 5-28-2002 by Ord. No. 02-10; 4-25-2005 by Ord. No. 05-09; 7-11-2005 by Ord. No. 05-25]
There is hereby created in and for the Borough of Chatham a Police Department which shall consist of no more than a Chief of Police, one Captain, two Lieutenants, six Sergeants, and seventeen patrol officers, to be appointed to these positions by the governing body of the Borough of Chatham. The decision whether or not to fill the mentioned positions is within the complete and unfettered discretion of the Borough Council.
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 Borough of Chatham; 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.
[Amended 4-25-2005 by Ord. No. 05-09; 6-11-2007 by Ord. No. 07-23]
In accordance with N.J.S.A. 40A:14-118, the Borough Administrator is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law and by this chapter.
[Amended 4-25-2005 by Ord. No. 05-09]
The Mayor shall appoint a Chief of Police with the consent and approval of Borough Council. The Chief shall be directly responsible to the Borough Administrator for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the Borough Council and consistent with Borough ordinances:
A. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its officers and personnel.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all subordinates and other personnel.
D. 
Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision.
E. 
Report at least monthly to the Borough Administrator in such form as shall be prescribed by the Borough Council on the operation of the force during the preceding month, and make such other reports as may be requested by the Borough Council.
A. 
All members of the Chatham Borough Police Department shall be appointed by the Mayor with the consent and approval of the Borough Council in accordance with N.J.S.A. 40A:14-118 et seq.
B. 
Appointments to the Chatham Borough Police Department shall be made in accordance with the "Personnel Recruitment" provisions of the Borough of Chatham Personnel Policies and Procedures as adopted by resolution of the Borough Council.
C. 
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes and in accordance with the hiring and promotion policies adopted by the Borough Council. The Borough Council may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.
[Amended 4-25-2005 by Ord. No. 05-09]
[Amended 4-25-2005 by Ord. No. 05-09; 6-11-2007 by Ord. No. 07-23]
The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and members thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members of the Police Department shall be subject to such rules and regulations and penalties.
[Amended 4-25-2005 by Ord. No. 05-09]
A. 
Discipline of police officers will be imposed consistent with N.J.S.A. 40A:14-147. The written charges will be signed by the Chief of Police or his/her designee. If the officer charged desires a hearing, he/she shall make a written request for said hearing to the Chief of Police. The Borough Administrator or his/her designee shall be the hearing officer in any hearing requested by the charged officer. The officer charged shall have the right to respond in writing to the charges. The hearing officer shall be the Borough Administrator or his/her designee. If the written information presented to the hearing officer demonstrates that there are no material facts at issue, the hearing officer may decide the matter on the basis of the written record without a testimonial hearing. If there are material facts in dispute, the hearing officer shall conduct a hearing, at which the charged officer is entitled to legal representation, to cross-examine any witnesses called to testify against him, and to present witnesses on his/her own behalf.
B. 
At the conclusion of the hearing, the hearing officer shall issue a written decision, which shall include findings of fact and conclusions as to guilt and penalty with respect to the charges proffered against the officer. If the hearing officer is someone other than the Borough Administrator, the decision shall be forwarded to the Administrator, who, as the appropriate authority, shall either accept or reject the recommended decision.
C. 
The hearing procedures described in Subsection B shall only apply to matters in the scope of N.J.S.A. 40A:14-147. Verbal and written reprimands are not within the scope of that statute; therefore, no hearings need be conducted with respect to verbal and written reprimands.
The Mayor with the consent and approval of Borough Council may appoint special law enforcement officers pursuant to P.L. 1985 c. 439 (N.J.S.A. 40A:14-146.8 et seq.) and in accordance with the following provisions:
A. 
Term. Special law enforcement officers shall be appointed for terms of one year, said appointment not to be revoked except for cause after adequate hearing.
B. 
Qualifications.
(1) 
No person shall be appointed as a special law enforcement officer unless such person meets the qualification requirements of N.J.S.A. 40A:14-146.10. The Chief of Police shall submit candidates for appointment to the Borough Council. The eligibility and qualifications of such persons shall be reported to the Borough Council by the Chief of Police in accordance with N.J.S.A. 40A:14-146.10(e). Appointment as a special law enforcement officer shall become effective upon passage of a resolution to that effect by the Borough Council.
(2) 
No person shall commence serving as a special law enforcement officer unless he has been certified by the Police Training Commission as provided by N.J.S.A. 40A:14-146.11.
C. 
Classification. Persons appointed as special law enforcement officers shall upon appointment be designated as either a Class One or Class Two special law enforcement officer. The classifications shall be based upon the following standards:
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties but shall not have the power to issue summonses for disorderly persons or petty disorderly persons offenses, violations of municipal ordinances or violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
(3) 
Class Three. Officers of this class shall be 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 or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the Borough of Chatham, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by Class Three officers may be permitted under the conditions set forth in N.J.S.A. 40A:14-146.8 et seq.
[Added 2-25-2019 by Ord. No. 19-03]
D. 
Number. No more than six persons shall be designated as Class One special law enforcement officers. The number of persons designated as Class Two special law enforcement officers shall not exceed 25% of the total number of regular police officers. No more than five persons shall be designated as Class Three special law enforcement officers.
[Amended 2-25-2019 by Ord. No. 19-03; 10-11-2022 by Ord. No. 22-09]
E. 
Firearms. The carrying of firearms by special law enforcement officers shall be strictly governed by N.J.S.A. 40A:14-146.14(b).
F. 
Hours of work. No special law enforcement officer may work more than 20 hours per week, except as provided as follows:
(1) 
Without limitations as to hours during periods of emergency.
(2) 
A special law enforcement officer may be assigned for not more than 20 hours per week to provide public safety and law enforcement services to a public entity, in addition to not more than 20 hours per week performing the duties pursuant to this chapter.
(3) 
For hours to be determined by the Chief of Police while assigned to public safety duties for a private entity, pursuant to N.J.S.A. 40A:14-146.14(b).
(4) 
The Borough may designate one special law enforcement officer to whom the limitations on hours employed as set forth elsewhere in this section shall not be applicable, pursuant to N.J.S.A. 40A:14-146.16(c).
[Added 10-11-2022 by Ord. No. 22-09]
(5) 
A Class Three special law enforcement officer may work without limitation, pursuant to N.J.S.A. 40A:14-146.16(a)(5).
[Added 10-11-2022 by Ord. No. 22-09]
[Amended 4-25-2005 by Ord. No. 05-09]
In addition to the regular members of the police force provided for in § 48-5 and the special police officers provided for in § 48-8, the Mayor with the consent and approval of the Borough Council may also employ persons 18 years of age or older as civilian dispatchers for the Police Department. Persons shall be appointed to the office of civilian dispatcher for the Police Department on an annual basis and shall be citizens of the United States; shall be able to read, write and speak the English language; and shall be of good moral character and never have been convicted of a crime. Such person shall be hired in accordance with the hiring procedures set forth in the Borough Personnel Policies and Procedures.
[Amended 3-8-2010 by Ord. No. 10-06]
The compensation for all members of the Police Department and the civilian dispatchers, special officers, and the Executive Administrative Assistant shall be fixed by the Borough Council.
The Mayor with consent and approval of Borough Council shall appoint one civilian parking enforcement officer pursuant to P.L. 1987, Chapter 260 (N.J.S.A. 40A:9-154.7).
[Added 3-8-2010 by Ord. No. 10-06]
A. 
In addition to the regular members of the police force provided for in § 48-5, the special police officers provided for in § 48-8 and the civilian dispatchers provided for in § 48-9, the Mayor, with the consent and approval of the Borough Council, shall appoint one civilian Executive Administrative Assistant for the Chatham Borough Police Department.
B. 
The person appointed to the position of Executive Administrative Assistant shall be a citizen of the United States; shall be able to read, write and speak the English language; and shall be of good moral character and never have been convicted of a crime. Such person shall be hired in accordance with the hiring procedures set forth in the Borough Personnel Policies and Procedures, as well as the qualifications and requirements set forth in the Chatham Borough Police Department Policies and Procedures.
C. 
The Executive Administrative Assistant shall not have any statutory law enforcement powers. The Chief of Police will prescribe the administrative duties and responsibilities of the Executive Administrative Assistant, which shall be prescribed in a manner to promote the efficient and effective operation of the Chatham Borough Police Department.
[Added 2-24-2020 by Ord. No. 20-01]
A. 
Position created. The position of Police Chaplain for the Chatham Borough Police Department is hereby created in accordance with statutory authority. The position(s) will be a volunteer position. The position of Police Chaplain shall be under the control of the Chief of Police.
B. 
Qualifications. Any person appointed as Police Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the directives of the Chatham Borough Police Department and shall be qualified in accordance with statutory requirements.
C. 
Duties of Police Chaplain. The duties of Police Chaplain shall include, but not be limited to, assisting the Chatham Borough Police Department in police employee assistance, death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.
D. 
Rank and salary. Any person appointed as Police Chaplain shall serve in that capacity without rank or salary.
E. 
Term of office. A person(s) appointed as Police Chaplain shall serve for a period of one year from the date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police regarding the appointment of the Police Chaplain.
F. 
Chaplain. The Mayor shall appoint the Chaplain or Chaplains in accordance with this section with the advice and consent of the Borough Council.