[Ord. No. 2015-25 § 2,
Exh. A; Ord. No. 2019-32]
There is hereby created in and for Princeton, a police department,
known as the "Princeton Police Department," which shall consist of
the Chief of Police, up to one Captain, up to four Lieutenants, up
to seven Sergeants, up to four Corporals and up to 36 permanent Patrol
Officers. As used in this chapter, all sworn officers, i.e., the Chief,
Captain, Lieutenants, Sergeants, Corporals and Patrol Officers, may
be referred to as "members." In addition, the Police Department may
be supported by such civilian employees as may be deemed necessary
by the Mayor and Council. Such Department shall be governed by applicable
laws of the State, this chapter and other applicable laws and ordinances
of the municipality and rules and regulations adopted pursuant hereto.
[Ord. No. 2015-25 § 2,
Exh. A; Ord. No. 2016-09]
This section establishes and sets forth the line of authority
for the administration and operation of the Princeton Police Department.
(a) The Administrator shall constitute the "appropriate authority" as
required by N.J.S.A. 40A:14-118 and shall thereby have the powers
as provided by State law including the authority and duty to:
(1) Adopt and promulgate rules and regulations for the government of
the Police force and for the discipline of its members; and
(2) Coordinate with the Chief of Police with regard to the day-to-day
operations of the Police Department; and
(3) Handle Police disciplinary matters as more fully set forth in section
26-5 below; and
(4) Receive and review, and forward to the Mayor and Council for review,
monthly reports concerning the Department prepared by the Chief of
Police.
Reference to the Administrator in this Article shall be in his
or her capacity as the "appropriate authority."
(b) The Chief of Police shall be the head of the Police force and responsible
to the Administrator for the efficient and routine day-to-day operations
of the Department, including the authority and duty to:
(1) Administer and enforce rules and regulations of the Department and
special emergency directives for the disposition and discipline of
the force and its Officers and personnel; and
(2) Have, exercise and discharge the functions, powers and duties of
the Police force; and
(3) Prescribe the duties and assignments of all subordinates and other
personnel within the Department; and
(4) Delegate such of his or her authority as the Chief may deem necessary
for the efficient operation of the Police force to be exercised under
the Chief's direction and supervision; and
(5) Report at least monthly to the Administrator on the operations of
the Police force during the preceding month and make such other reports
as may be requested by the Administrator.
(c) The Mayor and Council shall have the duty and responsibility to:
(1) Review and conduct investigations of the operations of the Police
Department when necessary; and
(2) Review and establish from time-to-time the size and rank structure
within the Department; and
(3) Fix the compensation of members of the Department consistent with
the terms and conditions of any applicable Collective Bargaining Agreements;
and
(4) Approve the appointment of the Chief of Police, promotion of Police
personnel and the hiring of any new Police Officers; and
(5) Receive and review monthly reports with regard to the Police Department
prepared by the Chief of Police.
(d) The Mayor and Council hereby establish a Public Safety Committee
which shall consist of the Mayor or a member of Council selected by
the Mayor to serve as the Mayor's designee, plus the Administrator,
both ex officio, as well as two members of the Council appointed by
the Mayor with the consent of the Council. The Public Safety Committee
shall be advisory to the Mayor and Council and shall assist the Mayor
and Council with execution of its responsibilities hereunder and as
may be required by law. In accordance with the above, the Public Safety
Committee shall:
(1) Act as liaison between the Mayor and Council and Chief of Police
with regard to any matters related to the Police Department; and
(2) Meet with the Chief of Police with regard to matters related to the
daily and routine operation of the Police Department, and report regularly
to the Mayor and Council as to same; and
(3) When requested by the Mayor and Council, conduct such investigations
regarding the operations of the Police Department; and
(4) Advise the Mayor and Council as to the authorized number of officers
in various ranks and promotion of same, and with regard to the hiring
of new Police Officers; and
(5) Advise the Mayor and Council on such other Police Department matters
as may be requested from time to time.
The terms of the appointed members shall expire on the first
day of January next following their appointments but they shall serve
after the expiration of their terms until their successors shall have
been appointed and qualified. Any vacancy in any of the appointed
offices shall be filled in a like manner, but for the unexpired term.
The Mayor shall designate one of the appointed members as the Police
Commissioner and in that capacity such member shall be the Chair of
the Public Safety Committee.
[Ord. No. 2015-25 § 2,
Exh. A; Ord. No. 2019-32]
(a) All members of the Police Department shall be appointed by the Mayor,
with the advice and consent of the Council. The Mayor and the Council
may seek and consider, but need not follow, recommendations from the
Public Safety Committee as to appointments and promotions.
(b) No person shall be appointed a Patrol Officer unless that person
shall have demonstrated an aptitude for police employment for a period
of one year as a probationary patrol officer, during which time he
or she shall not be considered a permanent member of the Department
and instead referred to as a probationary member. For purposes of
this section, the probationary period for any Patrol Officer shall
be for a period of one year following the candidate's graduation
from a police academy or if the candidate has prior police experience,
said probationary period shall be for one year from the date of employment
or from the date of the successful completion of any police refresher
courses required to be taken as a condition of employment, whichever
shall occur last. Candidates shall be drawn from an eligibility list
established through recognized examination and testing procedures,
interviews and thorough background investigations.
(c) No person shall be appointed or promoted to a command or supervisory
position above patrol officer unless that person shall have demonstrated
an aptitude and the qualifications for such position. In addition,
no person shall be promoted to Chief unless that person has served
as Captain for at least one year; no person shall be promoted to Captain
unless that person has served as Lieutenant for at least one year;
no person shall be promoted to Lieutenant unless that person has served
as Sergeant for at least one year; no person shall be promoted to
Sergeant unless that person has served as Corporal or Patrol Officer
for at least five years; and no person shall be promoted to Corporal
unless that person has served as Patrol Officer for at least five
years.
(d) Candidates for and members of the Police Department shall comply
with all other qualifications prescribed by law, including but not
limited to N.J.S.A. 40A:14-122.
(e) Every member of the Police Department shall be a resident of the
State of New Jersey while serving in such position, as required by
law. New members shall be residents of the State of New Jersey at
the time of their appointment and thereafter, unless they served in
the armed services of the United States as provided by N.J.S.A. 40A:14-123.1.
(f) No person shall be appointed to the Police Department who is under
21 years of age or who is over 35 years of age, except as otherwise
provided by law.
[Ord. No. 2015-25 § 2,
Exh. A]
The members of the Police Department shall have the powers and
duties and shall be subject to the discipline prescribed by law, this
Code and other ordinances of Princeton and the rules and regulations
adopted pursuant hereto. They shall receive such compensation for
their services as shall be lawfully determined by the Mayor and Council
from time to time, consistent with the terms and conditions of any
applicable Collective Bargaining Agreements.
[Ord. No. 2015-25 § 2,
Exh. A]
(a) No permanent member of the Police Department shall be removed or
suspended from or reduced in rank in office, employment or position
therein, or fined, except by action of the Administrator on the grounds
of incapacity, misconduct or disobedience of rules and regulations
established for the government of the Department, and then only upon
a written complaint setting forth the charge or charges against such
member, signed by the person making the charge or charges. Such complaint
shall be filed in the office of the Chief of Police, and a copy thereof
shall be served upon such member, with notice of a designated hearing
thereon by the Administrator, which shall not be less than 10 nor
more than 30 days from the date of service of the complaint.
(b) A complaint charging a violation of the internal rules and regulations
established for the conduct of the Department shall be filed no later
than the 45th day after the date on which the person filing the complaint
obtained sufficient information to file the matter upon which the
complaint is based. The forty-five-day time limit shall not apply
if an investigation of a law enforcement officer for a violation of
the internal rules or regulations of the law enforcement unit is included
directly or indirectly within a concurrent investigation of that officer
for a violation of the criminal laws of this State. The forty-five-day
limit shall begin on the day after the disposition of the criminal
investigation. The forty-five-day requirement of this paragraph for
the filing of a complaint against an officer shall not apply to a
filing of a complaint by a private individual.
(c) Failure to comply with the foregoing provisions as to service of
a complaint and the time within which a complaint is to be filed shall
require a dismissal of the complaint.
(d) The member against whom a complaint is made shall be given every
reasonable opportunity to make a defense, if any member has or chooses
to make, at and during the hearing on the charges by a hearing officer
designated by the Administrator. The hearing officer shall conduct
the hearing, receive testimony and other evidence, compile a list
of exhibits and make findings and recommendations to the Administrator.
The hearing officer shall file a report containing his or her findings
and recommendations, with copies provided to the charged member, who
will be provided with an opportunity to file exceptions and present
oral argument to the Administrator. The Administrator shall make the
final determination with respect to the charge and the penalty imposed.
The Administrator, may, in his or her discretion, serve as the hearing
officer. Any member who has been tried and convicted upon any charge
or charges may appeal same to the Superior Court, as provided by law.
(e) Any member of the Police Department may, nevertheless, by writing
signed by the member and filed with the Chief of Police, waive his
or her right to have a written complaint filed and served upon the
member and to have a hearing thereon by the Administrator and consent
to the summary imposition against the member of a specified penalty
by the Chief of Police, as provided by the rules and regulations and
particularly those governing internal affairs. A member's consent
to any summary imposition of penalties shall be subject to the review
and approval of the Administrator. Alternatively, the member may waive
the right to a hearing and may appeal the charges directly to any
available authority specified by law or regulation, or follow any
other procedure recognized by a contract, as permitted by law.
(f) Notwithstanding the above, and to the extent permitted by law, a
member of the Police Department may, pursuant to the Department rules
and regulations and particularly those governing internal affairs,
be suspended with or without out pay pending a hearing, as a result
of charges made against the member, but such hearing, except as otherwise
provided by law, shall be commenced within 30 days after the service
of the copy of the complaint upon the member, in default of which
the charges shall be dismissed and the member returned to duty.