The enabling statute for ordinances relating to the Police Department
is R.S. 40A:14-118, et seq.
[Ord. #907, § 1; Ord. #84-27, § 4.4]
The Police Department in the City shall be under the jurisdiction
and control of the Director of the Department who may be the Police
Chief.
[Ord. #907, § 2; Ord. #2015-05 § 2]
The Director of the Department, in addition to other powers
and duties conferred upon him by law, shall also possess the following
powers and duties with relation to the Police Department.
a. He shall exercise authority and control over all Police headquarters,
stations, property, paraphernalia, equipment and apparatus now or
hereafter owned by the City and used or to be used for the protection
of life, health and property, and for enforcing the laws of the State
of New Jersey and the ordinances of the City.
b. He shall recommend to the City Council the appointment of such officers
and men, and such other employees as he deems necessary or expedient
to efficiently govern, maintain and operate the Police Department.
c. He shall, from time to time, draft and recommend to the Business
Administrator those rules and regulations not inconsistent with the
laws of the State of New Jersey or the ordinances of the City for
the government, control and regulation of the Police Department, as
may be necessary to make the Department efficient and useful. These
rules may prescribe the duties of the Chief of Police and all other
members of the Department, and may provide such penalties or forfeitures
as may be necessary or expedient. These rules, and amendments thereto
which have been approved by the Business Administrator, shall be binding
upon all officers and members of the Department.
[Ord. #907, § 2]
a. The Director shall supply all officers and members of the Department
with printed copies of these rules and regulations and he or the Chief
of Police at his discretion shall deliver at least one copy of these
rules and regulations to each of the members of the Department. Such
delivery shall be deemed notice of the making and contents thereof.
b. The Director shall have the power to suspend and remove any officer,
member, or employee of the Department for proper cause; provided that
removals from employment shall only be made in accordance with the
laws of the State of New Jersey respecting such removals.
[Ord. #907, § 3; Ord. #853, § 3; amended 9-9-2021 by Ord. No. 21-23]
The personnel of the Police Department shall consist of one
Chief of Police, a Deputy Chief of Police as needed, and such number
of captains, lieutenants, desk sergeants, street sergeants, and other
officers, detectives, patrolmen and employees as deemed necessary
for the proper management, control and efficiency of the Department.
Any member of the Department who has acquired any right or employment
status as a street sergeant, desk sergeant or maintenance sergeant
shall not be deprived of any such acquired right or status but shall
hereafter be known and designated as a sergeant. The salary of any
such person shall continue as outlined in their current collective
bargaining agreement.
[Added 2-24-2022 by Ord.
No. 22-02]
The position of Police Chaplain for the Ocean City Police Department
is hereby created in accordance with N.J.S.A. 40A:14-141. The position
will be a volunteer position. The position of Chaplain shall be under
the Chief of Police and subject to the control of the Chief of Police.
[Added 2-24-2022 by Ord.
No. 22-02]
Any person appointed as Chaplain shall be an approved and member
in good standing of the NJ State Chaplain's Association. The
Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the rules and regulations
of the Ocean City Police Department and shall be qualified in accordance
with N.J.S.A. 40A:14-141.
[Added 2-24-2022 by Ord.
No. 22-02]
The duties of Police Chaplain shall include, but not be limited
to, assisting the Ocean City Police Department in critical incident
debriefing, death notifications, and/or any other duties that may
be assigned by the Chief of Police.
[Added 2-24-2022 by Ord.
No. 22-02]
Any person appointed as Chaplain shall serve in that capacity
without Rank or Salary.
[Added 2-24-2022 by Ord.
No. 22-02]
A person appointed as Chaplain shall serve for a period of three
(3) years from 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.
[Added 2-24-2022 by Ord.
No. 22-02]
The Chief of Police may recommend to the Mayor persons that
he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as
well as the rules and regulations of the Ocean City Police Department
with reference to Chaplains, if any. All applicants for the position
of Chaplain shall be reviewed by the Chief of Police and an assigned
Chaplain liaison within the Police Department to determine his/her
qualifications in accordance with this section and shall make recommendations
to the Mayor regarding the appointment as Chaplain. The Mayor shall
appoint Chaplains in accordance with this section with the advice
and consent of City Council.
[Ord. #907, §§ 4—6; Ord. #2015-05 § 3]
The Chief of Police shall be the head of the Police Force and
that he shall be directly responsible to the appropriate authority
for the efficiency and routine day to day operations thereof, and
that he shall, pursuant to policies established by the appropriate
authority:
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 the functions, powers and duties of
the force;
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 force to be exercised under his direction and supervision;
and
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.
It shall be the duty of the Chief of Police to command and properly
regulate the affairs of the Police Department, subordinate to and
under the supervision of the Director of the Department. All other
members and employees of the Police Department shall be subordinate
to and under the command of the Chief of Police.
The Chief of Police shall have command of the activities of
the other members of the Police Department. He shall efficiently command
the members of the Police Department and preserve the records of the
Department. He shall have power to assign the members of the Department
to any duties for the protection of life, health and public safety
and to enforce the laws of the State of New Jersey, ordinances of
the City and the rules of the Police Department.
Subject to the ultimate control of the Director of the Department,
the Chief of Police shall have authority to detail such officers and
men to duty in connection with the Department as he shall deem for
the best interests of the Department, and he shall perform such other
duties as shall devolve upon him by the laws of the State and ordinances
of the City; he shall have sole and entire command over all members,
apparatus and appurtenances of the Department. In the absence or disability
of the Chief, the Director of the Department shall designate one of
the captains to assume command and perform the duties of the Chief.
In the absence or disability of any superior officer other than the
Chief, the Chief shall have full power and authority to designate
in a temporary and acting capacity such person as he shall consider
proper to perform the duties of the superior rank.
[Ord. #732, § 6]
The Director of the Department hereby delegates, and the City
Council ordains, that it shall be the duty and power of the Chief
of Police to properly enforce the rules and regulations governing
the conduct of the members of the Police Department, and for infractions
of these rules the Chief of Police shall have the power to suspend
any member or members of the Police Department for a period of time
not to exceed thirty (30) days, with or without pay, according to
the order of the Chief of Police, in the absence of the Chief of Police
this power shall be vested in the captain.
[Ord. #907, § 7; Ord. #1009, § 2; Ord. No. 94-12 § 1; amended 9-9-2021 by Ord. No. 21-23]
All applicants for appointment to or for promotion within the
Police Department or Fire Department shall be qualified for appointment
or promotion as required by law, ordinance and Civil Service rules
and regulations. All applicants for appointment shall be residents
of the City of Ocean City and must maintain continuous residency within
the City of Ocean City from the announced closing date of the New
Jersey Department of Personnel Examination up to and including the
date of appointment.
The department may also appoint members under alternate programs
and rules as prescribed by the N.J. Civil Service Commission and/
or N.J. State Statute.
[Ord. #907, § 8]
All officers and members of the Police Department now serving as policemen of the City, or those hereafter appointed under the provisions of this Chapter, shall severally hold their respective positions and offices, and continue in their respective employments, during good behavior, efficiency and compliance with requirements for residence as set forth in Section
6-5, and shall not be removed from office or employment for political reasons, or for any cause other than those permitted by law and no removal shall be made from employment except in accordance with the laws of the State of New Jersey; and provided further, that nothing herein contained shall prevent the placing of an employee on a pension in accordance with the laws of the State of New Jersey.
[Ord. #949, § 1]
No person shall hereafter be given or accept a permanent appointment
as a Police Officer in the City unless such person has 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 Chapter
56 of the Laws of 1961.
[Ord. #949, § 2]
This subsection shall not prohibit the giving or accepting of
a probationary or temporary appointment as a Police Officer for a
period not to exceed one year, to enable a person seeking a permanent
appointment to complete a police training course as prescribed by
the Police Training Commission.
[Ord. #949, § 3]
No person shall be permitted to take a police training course
unless he holds a probationary or temporary appointment as a Police
Officer in the City, and such appointee shall be entitled to a leave
of absence with pay during the period of the police training course.
[Ord. #907, § 10; amended 9-9-2021 by Ord. No. 21-23]
Every permanent officer and member of the Police Department
shall be granted sick leave with pay as outlined in their current
collective bargaining agreement.
[Ord. #907, § 9; amended 9-9-2021 by Ord. No. 21-23]
Annual vacations shall be granted in accordance with the employee’s
current collective bargaining agreement.
[Ord. #907, § 12; amended 9-9-2021 by Ord. No. 21-23]
The working hours of the personnel of the Police Department
shall be in accordance with the employee’s current collective
bargaining agreement.
[Ord. #1136, § 1]
The rules and regulations of the Police Department are hereby
adopted by reference as if set out in full and promulgated in the
document entitled "Rules and Regulations of the Ocean City Police
Department" which is on file in the office of the City Clerk.
[Ord. #1136, § 2]
Copies of the aforesaid rules and regulations are available
for inspection in the office of the City Clerk.
[Ord. #87-15, § 1]
This section is promulgated pursuant to authority conferred
by the laws of the State of New Jersey and specifically N.J.S.A. 40A:14-146.8
"Special Law Enforcement Officers Act".
[Ord. #87-15, § 2]
In addition to the duties set forth under N.J.S.A. 40A:14-146.11(a),
Class One Officers shall be empowered to issue Summons for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the Revised Statutes.
[Ord. #87-15, § 3; amended 9-9-2021 by Ord. No. 21-23]
The City is hereby authorized to hire as many Special Law Enforcement
Officers as is needed to fulfill their current mission. These officers
may consist of Class I, Class II, or Class III Special Law Enforcement
officers and must meet all of the rules promulgated by the Police
Training Commission and as authorized by N.J.S.A. 40A:14-146.