Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[1984 Code § 32-78; Ord. No. 2015-1417]
There shall be a Police Department of the Borough, the head of which shall be the Chief of Police. The Chief shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof. The Department shall consist of a Chief of Police, up to three Lieutenants, up to eight Sergeants and such other patrolmen, probationary officer, police matrons, traffic officers, school traffic officer, officers and employees as the Council may appoint.
[1984 Code § 32-79]
All members of the Police Department shall be appointed by the Mayor, with the advice and consent of the Borough Council, to hold office as provided by law.
[Ord. No. 2015-1417]
In accordance with N.J.S.A. 40A:14-118, the Mayor and Council are hereby designated as the Appropriate Authority and are hereby vested with the powers and duties of an Appropriate Authority as delegated by law.
[1984 Code § 32-81; Ord. No. 2015-1417]
There may be a Detective Bureau and a Bureau of Identification established in the Police Department. The Detective Bureau shall be under the supervision of the Chief of Police.[1]
[1]
Editor's Note: The provisions of the current contract between the Borough and the Police bargaining unit shall supersede any conflicting provision of this chapter.
[1984 Code § 32-82; Ord. No. 2015-1417]
The Chief of Police shall be head of the Police Department and shall be responsible to the Borough Council. In the temporary absence or disability of the Chief of Police, the Lieutenant of the Department may act in his place for the duration of the temporary duty.
[1984 Code § 32-83; Ord. No. 2015-1417 § 3]
The Borough shall appoint a Chief of Police, in accordance with N.J.S.A. 40A:14-118, who shall be directly responsible to the Appropriate Authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall pursuant to any policies established by the Mayor and Borough Council:
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 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 Administrator in such form as shall be prescribed by the Mayor and Council on the operation of the Department, and make such other reports as requested by the Appropriate Authority.
[1984 Code § 32-84; Ord. No. 2015-1417]
The Chief of Police, with the assistance of other members of the Department who shall be detailed for the purpose, shall keep a complete record as prescribed in the rules and regulations adopted by the Borough Council, and the Chief of Police shall report in writing to the Council at its first regular meeting in each month on all matters of importance pertaining to the Department and shall make such recommendations as in his opinion will increase the efficiency of the Department.
[1984 Code § 32-85; Ord. No. 2015-1417]
The Chief of Police shall recommend to the Borough Council the purchase of new equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
[1984 Code § 32-86; Ord. No. 2015-1417]
The Police Department, through its Police 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 Borough, suppress riots, mobs and insurrections, disperse unlawful for 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 to make the enforce rules and regulations not inconsistent with the laws of the State of New Jersey and the ordinances and resolutions of the Borough for such purposes.
c. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, 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. 
Provide proper police attendance and protection at fires.
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trail 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 the members of the Department.
[1984 Code § 32-87]
a. 
Each applicant shall comply with all of the laws of the State of New Jersey pertaining thereto.
b. 
No person shall have given or accept a permanent appointment as a police officer in the Borough unless such person has first been given a probationary or temporary appointment to such office for a period not longer than one year and 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 1959.
c. 
Each candidate for appointment to the Police Department shall be, and is required to submit to such written and oral examination as may be prescribed by the Borough Council and also to submit to a physical and a psychiatric examination by a New Jersey licensed practitioner designated for such purpose; the character and scope of such examination is to be for the purpose of revealing the extent to which such applicant may be mentally, physically and otherwise qualified to perform his appropriate duties. The examinations shall be prepared and conducted at the time and place and by the persons designated by the Council. Any applicant who shall fail to attain a grade of 70 in such examination or who shall fail to meet the physical qualifications as may be set up by the Council or, in the opinion of the examining physician, is incapable of performing the duties of a police officer in a safe and efficient manner shall be ineligible for appointment to the Department.
d. 
The examinations shall be competitive where more than one candidate applies, and appointments shall be made from among those who have successfully passed the examination.
[Ord. No. 991]
a. 
Classes Enumerated.
1. 
Pursuant to N.J.S.A. 40A:14-123.1a, before any person shall be appointed as a member of the Police Department of the Borough of Milltown, the appointing authority shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:
(a) 
Class I: Residents of the Borough of Milltown.
(b) 
Class II: Other residents of the County in which the municipality is situated.
(c) 
Class III: Other residents of the State.
(d) 
Class IV: All other qualified applicants.
2. 
Within each such classification, duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to such municipality, who fulfill the requirements of N.J.S.A. 40A:14-123.1, and who thereby are entitled to appointment notwithstanding their failure to meet the New Jersey residence requirement at the time of their initial applications, shall be placed in Class III.
b. 
Order of Appointments. In making such appointments, the appointing authority shall first appoint all those in Class I and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
c. 
Certification of Eligibles for Positions. The classes of qualified applicants defined in paragraph a., above, shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this chapter, make such certifications from classes separately and successively and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
d. 
Applicability. This subsection shall apply only to initial appointments and not promotional appointments of persons already members of the Police Department.
e. 
Temporary Appointments. In making temporary appointments, the Director of Public Safety shall utilize the classifications set forth in subsection 11-10.2a and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
[1984 Code § 32-88]
a. 
No person shall be appointed to the Police Department as a regular or probationary member unless he shall, at the time of making application, be between the ages of 21 and 35 years, except as provided by law in the case of veterans.
b. 
The applicant shall be a citizen of the United States of America.
[1984 Code § 32-89]
All promotions to superior positions in the Police Department shall be in accordance with the requirements of Civil Service and other applicable State laws and shall be made from the membership of the Department as constituted at the time of promotion and shall be made with due regard to the length of service of the person proposed to be promoted and his merit in the Department, preference being given to that member who has served the longest period of time in the Department. No person shall be eligible for promotion to a superior position unless he shall have first served in the grade of patrolman in the Department.
[1984 Code § 32-90]
a. 
Each regular Police Officer shall hold office and continue in employment during good behavior and efficiency, and no person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations of the Department or absence from duty without just cause for five days or more.
b. 
Any member of the Department may be suspended, removed, fined or reduced from his office or employment for just cause upon due notice and service of written charges and a hearing before the Council as provided by law.
[1984 Code § 32-92]
The hours of employment of uniformed members of the Police Department shall not exceed eight consecutive hours in any one day or 40 hours in any one week, provided that in case of an emergency, the officer, board or other official having charge or control of the Police Department or the police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.
[1984 Code § 32-93; Ord. No. 2015-1417]
Each full-time active uniformed member of the Police Department, excluding the Chief of Police, shall receive an annual vacation according to Chapter 10, Section 10-5 of this Code.
[1984 Code § 32-94; Ord. No. 2015-1417]
The Borough Council shall establish by resolution, and may amend and repeal by resolution, such rules and regulations as it may deem necessary for the government and efficient working of the Police Department. The rules and regulations, when adopted, shall be posted by the Chief of Police within five days after the adoption thereof in the quarters assigned to the Police Department. A copy thereof shall be delivered to each and every member of the Department within five days after the adoption of the rules and regulations or any amendment or repeal thereof.
[1984 Code § 32-95]
Any member of the Milltown Police Department who violates this chapter or any of the rules and regulations governing the Department shall be disciplined in accordance with the provisions of chapter x, subsection 10-10.1 - 10.10.3 and the provisions of Title 11 (Civil Service) and other applicable statutes of the State of New Jersey.
Former Section 11-14, Police Director was deleted in its entirety by Ordinance No. 2015-1417.
[Ord. No. 737 § 1; Ord. No. 2015-1417; amended 6-13-2016 by Ord. No. 16-1428]
The Lieutenant of Police, in the absence of the Chief of Police, may be charged with and be responsible for those duties as prescribed for the Chief of Police.
[Ord. No. 737 § 1; Ord. No. 2015-1417; amended 6-13-2016 by Ord. No. 16-1428]
The Lieutenant(s) hold an administrative supervisory position(s) under the supervision of the Chief of Police. There shall be a Lieutenant of Operations and a Lieutenant of Administration. The Lieutenant(s) assist the Chief of Police in formulating and implementing policy, regulations, goals and objectives of the Police Department. He or she inspects personnel and equipment to ensure that both meet Department standards and performs such other duties as are directed by the Chief of Police and/or set forth in the Police Department's Standard Operating Procedures and Rules and Regulation.
[1]
Editor's Note: Former § 11-15.3, Responsibilities, Ord. No. 737 § 1; Ord. No. 2015-1417, was repealed 6-13-2016 by Ord. No. 16-1428.
[Ord. No. 737 § 1; amended 6-13-2016 by Ord. No. 16-1428]
No member of the Police Department shall be eligible for the position of Corporal unless he shall have completed 10 years' consecutive service as a patrolman in the Police Department.
[Ord. No. 737 § 1]
The Corporal, in the absence of a Sergeant, may be charged with and be responsible for those duties as prescribed for Sergeants.
[1984 Code § 32-91; Ord. No. 2015-1417]
a. 
Term; Duties. The Mayor, subject to approval of the Council, may appoint special policemen for a term not exceeding one year, and revoke such appointments without cause or hearing. 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. Such powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. Special officers shall not carry revolvers or other weapons at any time except as directed by the Chief of Police as provided by N.J.S.A. 40:47-19.
b. 
Qualifications. No person shall be appointed as a part-time policeman unless he is a citizen of the United States; has graduated from high school or obtained equivalent education; is able to read, write and speak the English language; is physically qualified and of good moral character; and shall not have been convicted of any crime. Every such part-time 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 Council concerning the eligibility and qualifications of any person proposed to be appointed as a part-time policeman.
[Added 10-3-2016 by Ord. No. 16-1439]
A full-time member of the Police Department will be appointed by the Chief of Police and such appointment will be confirmed by the Borough Council.
a. 
Custodian shall safely keep, maintain, archive, and store any public record as defined by N.J.S.A. 47:3-16 in relation to the Milltown Borough Department of Police.
b. 
Custodian will be responsible for handling requests for records of the Milltown Police Department and responding accordingly. Custodian must comply with all rules, regulations and laws of the New Jersey Open Public Records Act, Freedom of Information Act, Common Law and discovery.
c. 
Custodian will be responsible for compliance with state records retention schedules and is charged with properly storing, archiving and destruction of records in accordance with state statute.
[Added 12-12-2016 by Ord. No. 16-1443]
An effort to promote safer transactions between strangers, the Milltown Police Department encourages residents to conduct such transactions in the safe environment of the Municipal Building. A specific section near the Police entry will be marked for the Safe Exchange Zone and will be monitored by video surveillance. This coupled with the proximity to the Police Department will foster a safer environment for conducting such transactions.
The Police Department will not provide personnel or staff to witness any transaction to take place in the Safe Exchange Zone. The Milltown Police cannot settle any disputes related to the transactions that occur at the Safe Exchange Zone. Police personnel are not trained nor authorized to validate the legitimacy of any transaction, item for sale, integrity of any product or goods or the legality of any sale. The Milltown Police Department will monitor the video surveillance covering the designated Safe Exchange Zone.
Weapons, drugs, or drug paraphernalia transactions are not allowed at the facilities. The area designated for the Safe Exchange Zone shall be available to the public between 8:30 a.m. to 11:00 p.m., seven days a week. The Chief of Police may establish and publicize additional rules and regulations as seen as necessary to maintain a safe environment.
[Added 4-23-2018 by Ord. No. 18-1461]
a. 
A program designed to assist residents, who, due to advanced age, mobility or medical concerns, may be unable to answer their door in an emergent situation.
b. 
A lock box containing a key to the residence would be mounted in an inconspicuous location on or near the home. The responding officers would be able to retrieve the key and enter the home without causing damage.
c. 
This program is offered free of cost to eligible residents.
a. 
Residents who wish to participate in Operation Blue Angel must complete an application which must include name, address of residence, contact information, terms and conditions of program and waiver.
b. 
Residents who wish to participate in Operation Blue Angel must meet the following criteria:
1. 
Must be 55 years of age or older or have a medical condition that is potentially incapacitating.
2. 
Must either live alone or be home alone on a frequent basis.
3. 
Must provide key(s) for an entry door to the home.
4. 
Must grant the Milltown Police Department permission to access and use the key in an emergent situation including welfare check. A waiver form must be completed and notarized.
a. 
The Milltown Police Department maintains ownership of the lock box.
b. 
Residents will not be given the code to the lock box and may not request access to the lock box.
c. 
Residents must provide the key(s) to the police department that grant access to the residence. If the locks are changed on the residence, it is the responsibility of the resident to notify the Police Department.
d. 
If a resident vacates the residence, it is the responsibility of the homeowner, resident, or next of kin to notify the Milltown Police Department to remove the lock box.
e. 
If resident wishes to end participation in the program, they must submit a notarized letter to the Milltown Police Department requesting the removal of the box and return of the key(s).