[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.
e.
Notwithstanding the forgoing, appointments for entry level police
officers may, in the sole discretion of the appointing authority,
be made in accordance with the provisions of N.J.S.A. 11A:4-1.3. Pursuant
to N.J.S.A. 11A:4-1.3, the State of New Jersey has authorized that
municipalities may hire entry-level police officers who have successfully
completed a Basic Course for Police Officers at a school approved
and authorized by the New Jersey Police Training Commission and such
applicant may be exempt from the requirement to take the Civil Service
examination for an entry-level law enforcement position in the discretion
of the Borough. In appropriate circumstances, therefore, an applicant
may be hired without having taken a Civil Service examination. The
Borough Council may also require that an applicant for appointment
to the Police Department successfully complete a physical, mental
and psychological examination.
[Added 11-14-2022 by Ord. No. 2022-1518]
[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:
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.
[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]
[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).
