Borough of Woodstown, NJ Chapter 21 Police Department

[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown: Article I, 12-8-58 as Ord. No. 174; Article II, 5-10-65 as Ord. No. 211. Sections 21-1, 21-2, 21-3 and 21-6 amended 12-11-72 as Ord. No. 259. Other amendments noted where applicable.]

Editor's Note: Ord. No. 246, adopted 6-28-71, relieving the members of the police force of the necessity of living within the borough, reads as follows: "The Borough of Woodstown is hereby authorized to appoint and to retain police officers on its police force, notwithstanding that the same do not meet the residence requirements specified by N.J.S.A. 40:47-3, as amended or supplemented."

Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:

Article I Department Established

[Adopted 12-8-58 as Ord. No. 174]

§ 21-1 Creation; membership.

[Amended 12-11-72 by Ord. No. 259; 4-14-80 by Ord. No. 313; 2-9-87 by Ord. No. 372; 9-12-95 by Ord. No. 495; 9-10-02 by Ord. No. 572; 1-25-05 by Ord. No. 606; 11-23-10 by Ord. No. 2010-24; 12-27-2018 by Ord. No. 2018-13; 2-14-2023 by Ord. No. 2023-2]

A. The Police Department of the Borough of Woodstown shall consist of as many regular police officers and police clerks as may be authorized from time to time by the Borough Council. All members of the Police Department shall be appointed by the Mayor subject to the confirmation of the Borough Council and shall continue their appointments until removed for cause in the manner provided by statute.

B. All appointees, when originally appointed and confirmed, shall be appointed for a probationary period of one year. During this one-year period, such appointees shall not be considered permanent members of the police force and may be discharged or released without cause at any time. Upon the expiration of such probationary period, the appointment shall become permanent unless, at any time prior thereto, the probationary appointment has been revoked by the Mayor and confirmed by Council. The probationary period may be extended at the discretion of the Chief of Police for good cause for an additional 90 days.

C. Two regular full-time officers may be promoted to the rank of Sergeant and two regular full-time officers may be promoted to the rank of Corporal. Such promotion shall be upon the recommendation of the Chief of Police or, in the absence of the Chief of Police, upon the recommendation of the Public Safety Committee, which Committee shall report to the Borough Council with a report and recommendation for either acceptance or rejection of the nomination. An affirmative vote by a majority of the Mayor and Council shall be required to approve such a recommendation.

D. The Mayor may appoint a Chief of Police or the Mayor and Council may appoint a Public Safety Director to supervise the Police Department. A person appointed as Chief of Police may assume the duties of a regular police officer and shall have all the powers inherent in the office and as authorized by statute. If a Public Safety Director is appointed, that person shall perform the duties enumerated in § 21-14 herein.

§ 21-2 Control and supervision.

[Amended 12-11-72 by Ord. No. 259]

The Police Department shall be under the general control of the Borough Council and the immediate supervision and control of the Public Safety Committee of the Borough Council, and the members thereof shall be paid such salaries as shall be fixed and determined by ordinance.

§ 21-3 Officers; supervision.

[Amended 12-11-72 by Ord. No. 259, 4-14-80 by Ord. No. 313; 11-13-10 by Ord. No. 2010-24]

The Mayor shall designate one member of the police force as Chief of Police. The Chief shall direct the activities of the Department, with supervision of his activities being exercised by the Borough Council and the Public Safety Committee of the Borough Council as set forth above. In the absence of the Chief of Police or during his incapacity to act for any cause, the Mayor, subject to the confirmation of the Borough Council, may appoint an Acting Chief of Police as necessary. The Acting Chief of Police shall perform all of the duties and have all of the responsibilities of the Chief of Police during the absence of the Chief of Police. Upon the return of the Chief of Police, the appointment of a new Chief or the appointment of a Public Safety Director, the position of Acting Chief of Police shall be eliminated, and no such position shall be recreated without specific action by the Mayor and Borough Council.

§ 21-4 Special law enforcement officers.

[Amended 9-12-95 by Ord. No. 495; 11-23-10 by Ord. No. 2010-24; 11-22-2022 by Ord. No. 2022-13[1]]

A. Special law enforcement officers may be appointed by the Mayor and Council for terms not to exceed one year, and the appointments may be revoked by the Mayor and Council for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the Police Department, and their powers and duties shall cease at the expiration of the term for which they were appointed. Special law enforcement officers shall be under the supervision of the Chief of Police or senior ranking officer on duty as may be in charge of the Department.

B. Classes of special law enforcement officers.

(1) Class One. An officer of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly person offenses, violations of municipal ordinances and violations of Title 39 of the New Jersey 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 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 certified as successfully completing training as prescribed by the Commission.

(3) Class Three.

(a) 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 jurisdiction of employment, 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.

(b) The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection I of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

[1] Editor's Note: This ordinance also amended the title of this § 21-4 from "Part-time police officers" to its current title.

§ 21-5 Reprimands; suspensions.

[Amended 9-12-95 by Ord. No. 495]

The Borough Council shall have the power and authority to reprimand, suspend, order deduction of pay, dismiss or remove any member of the Police Department for just cause and upon written charge signed by the person making such charge, all as provided by law. It shall be just cause for suspension, deduction of pay, reprimand, dismissal or removal for the breach of any rules of the Police Department and particularly to be guilty of any one of the following, which hereby are determined to be a violation of the rules of the Police Department of the Borough of Woodstown:

A. Intoxication while on duty.

B. Willful disobedience of orders.

C. Indecent, profane or harsh language.

D. Disrespect to a superior officer.

E. Unnecessary violence to any prisoner.

F. Leaving post without just cause.

G. Neglect in paying just debts.

H. Absent without leave.

I. Incompetency and incapacity.

J. Entering premises licensed to sell an alcoholic beverage while in uniform, except in the discharge of duty. This prohibition shall not preclude an officer from entering a restaurant which is licensed to sell alcoholic beverages, so long as the officer does not consume alcoholic beverages while on duty.

K. Sleeping on post.

L. Neglect of duty.

M. Conviction of any indictable offense or disorderly persons offense involving a controlled dangerous substance.

N. Making known the proposed action or movements of the Police Department, or the provisions of any orders, to persons outside the Police Department.

O. Conduct not becoming an officer.

P. Publicly commenting on the official action of a superior officer.

Q. Conduct subversive to the good order and discipline of the force.

R. Not properly patrolling post.

S. Participating in political activity while on duty or in uniform.

T. Violating rules and regulations governing the Police Department.

These enumerations shall not be deemed to preclude other rules of the department which may be promulgated by resolution of the Mayor and Council.

§ 21-6 Penalty in lieu of dismissal.

The Borough Council may, after hearing any charge against any member of the Police Department as provided by law, impose such penalty in lieu of dismissal from the Department as it may seem justified by the character of the offense, which penalty may include reprimand, suspension or deduction of pay. A majority vote of the Borough Council shall be required for conviction upon any charge. The Public Safety Committee of the Borough Council, in addition to the Borough Council, shall have the power and authority to suspend any member of the Police Department upon written charges as required by law pending trial upon such charges, and in such event trial upon said charges shall be commenced within 30 days after service of a copy of the charges upon the person charged. Otherwise, the charges shall be dismissed and the member of the Police Department returned to duty.

§ 21-7 All members subject to rules and regulations.

All members of the Police Department shall be subject to the rules and regulations presently in existence and also to additional rules and regulations that may be adopted by resolution of the Borough Council from time to time; and such rules and regulations may provide for such penalties and forfeitures as the Borough Council may deem necessary and expedient.

§ 21-8 Reports.

[Amended 9-12-95 by Ord. No. 495]

A. At the first regular council meeting in each month, the Chief of Police or in his absence, the Public Safety Director, shall submit a report to the Borough Council, setting forth the number of arrests, investigations, hearings and other pertinent matters that have occurred during the preceding month, including requests for police reports and background checks.

[Amended 11-23-10 by Ord. No. 2010-24]

B. The Chief or in his absence, the Public Safety Director, shall establish procedures to be followed, and application forms to be completed by any person or entity requesting a copy of any police report or criminal history. The fee for providing such reports or criminal histories shall be authorized by statute for each person for whom a report or criminal history is requested. In the absence of a statutory amount, the fee shall be $10. This fee may be waived by the Chief or Public Safety Director when a request for any such information is received from any public entity or law enforcement agency. All checks shall be made payable to the Borough of Woodstown.

[Amended 11-23-10 by Ord. No. 2010-24]

C. If a fee for providing a police report or criminal history is established by statute which contradicts or preempts this section, the fee established by statute shall be controlling.

§ 21-9 Uniforms, equipment.

[Amended 9-12-95 by Ord. No. 495]

At such time as an officer is hired, the Borough Council shall provide all necessary uniforms and equipment required for a full time regular police officer. Replacement equipment and uniforms shall be provided in accordance with the Collective Bargaining Agreement.

§ 21-10 Reports of contagious or infectious diseases.

[Amended 11-23-10 by Ord. No. 2010-24]

It shall be the duty of each member of the Police Department to notify the Chief or in his absence, the Public Safety Director of the presence of any contagious or infectious diseases or the existence of any business or occupation in the Borough detrimental to the public health; and the Chief of Police or in his absence, the Public Safety Director shall report the same to the local Board of Health and to the Borough Council.

§ 21-11 All members subject to call.

[Amended 9-12-95 by Ord. No. 495; 11-23-10 by Ord. No. 2010-24]

All members of the Police Department shall be subject to call-in by the Chief of Police or in his absence, the Public Safety Director at any time of the day or night in accordance with the terms of the collective bargaining agreement.

Article II Training

[Adopted 5-10-65 as Ord. No. 211]

§ 21-12 Police training.

[Amended 9-12-95 by Ord. No. 495]

No person shall hereafter be given or accept a permanent appointment as a regular police officer in the Borough of Woodstown unless such person has successfully completed a police training course as provided in N.J.S.A. 52:17B-66, et seq.

§ 21-13 Interpretation.

This Article shall not prohibit the giving or accepting of a probationary or temporary appointment as a police officer in order to complete a police training course as prescribed by the Police Training Commission.

§ 21-14 Public Safety Director.

[Added 11-23-10 by Ord. No. 2010-24]

A. The Mayor and Council may appoint an individual to serve as Public Safety Director for an initial term not to exceed three years on such terms and conditions as may be established by the Mayor and Borough Council. The Public Safety Director's salary shall be fixed from time to time by a general salary ordinance.

B. The Public Safety Director shall be responsible for the organizational and administrative control of the Police Department, governed by N.J.S.A. 40A:14-118. Prior to his/her appointment, the Public Safety Director shall be qualified by training and experience for the duties of the office, which shall be a civilian position. The Public Safety Director shall not assume any law enforcement duties such as patrol, arrest and criminal investigation, but shall be responsible for day-to-day supervision, discipline and control of the Police Department.

C. The Public Safety Director is responsible for providing the Mayor and Borough Council with monthly status reports or more frequent reports as the Mayor and Council may request.

D. The Public Safety Director shall promulgate, enforce and from time-to-time revise the department rules and regulations. The Public Safety Director shall make recommendations for hiring and promotion of the Police Officers and Department employees and shall be responsible for their scheduling and discipline.

E. The Public Safety Director shall gather information and make recommendations and reports to the Borough Council with regard to the annual budget for the Police Department and Public Safety Director's office to assist Borough Council in the annual budget process. This person shall also be responsible for administrative control and care of Borough equipment.