Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
Authority to establish, maintain, regulate, and control a municipal police department is contained in R.S. 40:47-1, et seq.
The police department of the Township of East Windsor shall consist of a chief of police, up to four lieutenants, up to eight sergeants, up to 37 patrol officers and employees as the council may from time to time authorize. All employees of the department shall be subject to the rules and regulations of the department but only sworn officers appointed by the manager shall be considered as police officers within the meaning of Chapter 14 of Title 40A of the New Jersey Statutes.
All members of the police department shall be recommended by the chief of police and appointed by the manager to hold office as provided by law.
The chief of police shall:
a. 
Be the executive head of the police department, subject to the direction and supervision of the manager, and shall be responsible for the proper and efficient operation of the department and the supervision of its activities.
b. 
Be responsible for the observation and enforcement of all laws of the state and ordinances within the jurisdiction of the police department; the enforcement of the rules and regulations of the police department; and shall perform such other duties as shall be prescribed by ordinance of the township council.
c. 
See that all persons connected with the department are properly instructed in their duties, and give particular attention to the training and instruction of new members thereof.
d. 
Have under his control all records and property of the police department and designate any member of the department to prepare these reports and keep the records in such manner as he may prescribe, as well as to take charge of such property and any other property coming into the custody of the department.
e. 
Furnish to the township manager complete monthly and yearly reports of police department matters.
Each applicant for a position as an officer or member of the police department shall:
a. 
Be a citizen of the United States.
b. 
Be more than 21 and less than 35 years of age.
c. 
Be sound in body and of good health sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey that such person is eligible to membership in the retirement system.
d. 
Be able to read, write and speak the English language well and intelligently.
e. 
Be of good moral character and must not have been convicted of any crime involving moral turpitude.
f. 
In accordance with N.J.R.S. 52:17B-68, serve a probationary period pending his successful completion of the course in a recognized police school.
g. 
Possess a valid New Jersey driver's license.
h. 
Satisfactorily qualify on such examinations as the council may establish by ordinance.
Applicants for the position of patrolman shall make written application to the chief of police and, at the same time, submit such proof as shall be requested with respect to the above qualifications.
Each full-time patrolman appointed to the police department may pursue other employment outside of duty hours as prescribed by the chief of police and subject to the approval of the manager.
The rights, privileges, powers and duties of the members of the police department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the Charter and ordinances and resolutions of the township, and such rules and regulations which may from time to time be established by the chief of police and approved by the manager.
The police department through its chief shall:
a. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections, public meetings and assemblages.
b. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations not inconsistent with the ordinances of the township for such purposes.
c. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the township, inspect and observe all places of public amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.
d. 
Respond to all fire alarms and assist the fire department in the protection of life and property, in regulating traffic, maintaining order, and enforcing observance of the fire prevention code. The chief of the fire department may request the township manager or the officer in charge at the time of any emergency to provide the assistance of police reserves in emergencies.
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
f. 
Operate a training program to maintain and improve the police efficiency of department members.
g. 
Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the department.
Each member of the police department shall devote his whole time and services thereto, except as provided in subsection 3-3.3. Although certain hours will be allotted for the performance of regular tours of duty, officers are considered at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
No police officer shall be required to be on regular duty for more than six days a week, but in case of an emergency the manager or chief of police shall have full authority to summon and keep on duty any and all such officers during the period of the emergency, but within 12 months after such emergency, each police officer may be given a day off duty for each extra day so served by him during the emergency.
No member of the police department shall be promoted within the police department until he has served at least three years in the police department. A promotional examination may be given when one member is being considered for promotion. A promotional examination shall be given when more than one member is being considered for promotion. No promotion shall become final until a three-month probationary period has been served and the chief of police has recommended that the promotion become permanent.
Upon his appointment there shall be furnished to each police officer a uniform, badge and other necessary equipment, at the expense of the township, which shall remain the property of the township and which shall be maintained by the officer in a clean and usable condition. In addition thereto, an inventory of uniforms and equipment shall be taken by the chief of police at the end of each calendar year to determine the need for replacement or new equipment. In the event that equipment may be needed or replaced, the chief of police shall make such recommendation to the manager and the manager shall authorize the purchase of new equipment or replace same as he deems necessary and proper.
Members of the department shall at all times observe the rules and regulations promulgated pursuant to section 3-11 hereof.
Such rules and regulations shall be dispositive of all matters not set forth in this code in relationship to incapacity and misconduct of members as well as all other areas of behavior and procedure and organization.
Any action taken against any officer pursuant to N.J.S. 40A:14-147 et seq. shall be based on this code or on the rules and regulations promulgated pursuant thereto.
Any person wishing to receive police services which the township is not obligated or expected to provide or does not usually provide as part of its regular plan of police services or pursuant to its normal provisional police services under section 3-3 of this chapter may arrange to receive such services through the office of the chief of police. Such person should notify the chief in writing of the specific nature of the services desired at least 15 days before such services are required. The office of the chief of police shall administer all activities pursuant to this section. Upon completion of each assignment he shall forward a summary of the assignment to the director of finance who shall then bill the person who had requested the service. The billing shall be based on hourly rates as established annually by ordinance. Such rates shall include the hourly rates of the officers working plus a sum representing a reasonable approximation of the administrative cost, overhead and out of pocket expense to the township for providing the service. All payments for such services shall be made to the order of the township. Upon receipt of such payment, the director of finance shall disburse to each officer at the next pay period the amount earned by that officer in such extra duty.
The township manager may appoint special policemen for a term not exceeding one year, and revoke such appointments without cause or hearing. Such special policemen shall carry out their duties and responsibilities under the direct supervision of the chief of police and their powers, rights and duties shall be specifically defined by the chief of police. The powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed, or on revocation of their appointment. Special officers shall not carry revolvers or other weapons at any time, except as otherwise directed by the chief of police.
No person shall be appointed a special policeman unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified, of good moral character, and shall not have been convicted of any crime. Each special policeman shall be fingerprinted and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation. Reports shall be made by the chief of police to the township manager concerning the eligibility and qualifications of any person proposed to be appointed a special policeman.
Each member of the police department shall, before entering upon the performance of his duties, take and subscribe to an oath to bear true faith and allegiance to the government established in this State, to support the Constitutions of the United States of America and the State of New Jersey, and to faithfully, impartially and justly discharge and perform all the duties of his office. Such oath or affirmation shall be filed with the clerk.
The chief of police, with the approval of the manager, shall establish and may, from time to time, amend and repeal such rules and regulations as he may deem necessary for the government and efficient working of the entire department. The rules and regulations, when adopted, amended or repealed, shall be posted by the chief of police in facilities assigned to the police department for headquarters purposes, and a copy delivered to each member of the department, within five days after their adoption, amendment or repeal.
Members of the department are required to live within 15 miles of the township.
[1]
Editor's Note: Ordinance #80-16 states that the provisions of Section 3-12 shall not apply to any officer currently serving in the department. The effective date of this ordinance is April 28, 1980.
a. 
Fingerprinting. The police department is hereby authorized to charge a fee of $10 for fingerprinting any person at his request.
b. 
Firearms qualifications examination. The police department is hereby authorized to charge a fee of $25 for administering a firearms qualification examination in connection with issuance of a pistol permit to any person at his request.