[Amended 6-25-1999 by Ord. No. 99-13; 6-8-2021 by Ord. No. 2021-11]
A.
The Police
Department shall be under the administrative control of the Township
Manager and shall be governed by the Charter of the Township. Accordingly,
the Township Manager shall be the appropriate authority in all matters
regarding the establishment and implementation of the rules and regulations
of the Police Department. The Chief of Police shall be directly responsible
to the appropriate authority for the efficiency and routine day-to-day
operations thereof pursuant to policies established by the appropriate
authority.
B.
The rules
and regulations of the Pequannock Township Police Department, as recommended
by the Chief of Police, shall be fully operable upon the approval
of the Township Manager.
[Amended 6-22-2010 by Ord. No. 2010-12; 11-22-2016 by Ord. No. 2016-17]
The Police Department of this Township shall consist of a Chief
of Police, a Captain, two Lieutenants, six Sergeants, and up to 25
police officers.
A.
No person shall be given or accept
a permanent appointment as a police officer in the Township 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, pursuant
to the provisions of N.J.S.A. 52:17B-66 through 52:17B-77.
B.
This section shall not be construed
to 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.
C.
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 Township. Such appointee shall
be entitled to a leave of absence with pay during the period of the
police training course.
Every member of the Police Department, before entering upon
the performance of his duties, shall take and subscribe an oath or
affirmation faithfully and impartially to discharge the duties of
his office and shall file such oath or affirmation with the Township
Clerk and sign the police register.
The head of the Police Department shall be known as the Chief,
and he shall be responsible to the Township Manager for the efficiency
and discipline of the Department. In the absence or disability of
the Chief, his duties shall be assumed by the next officer to command
in order of rank. The order of rank of the officers shall be: Chief,
Captain of Police, Lieutenant of Police and Sergeant of Police. The
other police officers shall rank in order of the seniority of their
appointment to the Department.
The members of the Police Department will be held responsible
for the proper enforcement of all provisions of this Code and other
ordinances of the Township and the laws of the state. They shall arrest
without warrant any person who, in their presence, may violate any
provisions of this Code and other ordinances of the Township or be
guilty of disorderly conduct or commit a crime against the laws of
the state and shall promptly execute all warrants and serve all court
orders issued to them and such other papers as may be required of
them to be served within the Township. They shall patrol the streets
of the Township at such time and on such routes and perform such other
police duty and service as may be assigned to them by the Township
Manager or the Chief of Police.
A.
The Chief of Police, with the assistance
of such other members of the Police Department as shall be detailed
for that purpose, shall keep complete records as required by law.
The Department records shall not be examined, except as provided by
law, by any person except the Township Manager or Chief of Police.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No information of the Department
shall be made public except by the Chief of Police or, in his absence,
by the officer in charge of the Department or any other officer designated
by the Chief of Police.
The Chief of Police shall report in writing to the Township
Manager on all matters pertaining to his Department, giving a complete
record of all arrests and complaints, together with dispositions of
the same, and such recommendations as, in his opinion, will increase
the efficiency of the Department.
The Chief of Police shall be a citizen of the United States.
The Chief and every member of the Police Department shall be able
to read and write the English language understandingly and must be
of good moral character, good health and sound body, and shall attend
in-service training as required by law or recommended by the Chief
of Police.
No person shall be appointed a member of the Police Department
who is less than 18 years of age at the time of his appointment.
A.
Grounds and procedures for suspension
or disciplinary action.
(1)
Any member of the Police Department
shall be subject to reprimand, suspension from duty without pay, reduction
in rank or dismissal by the Township Manager upon recommendation by
the Chief of Police according to the nature or aggravation of the
offense for any of the following causes or violation of any other
rules and regulations governing the police force:
(a)
Drinking of any intoxicating
liquor while on duty or in uniform.
(b)
Willful disobedience of
orders.
(c)
Indecent, profane or harsh
language.
(d)
Disrespect to a superior
officer.
(e)
Unnecessary violence to
a prisoner or any other person.
(f)
Absence without leave, sleeping
on duty, absence from a post or duty without excuse or not properly
patrolling his beat.
(g)
Neglecting or refusing to
pay any just debts.
(h)
Immorality, indecency or
lewdness.
(i)
Incapacity, either mental
or physical; lack of energy; or gross ignorance of the laws and regulations
of the Department.
(j)
Visiting, except on police
business, any gambling house, poolroom or house of ill fame or visiting
while on duty or in uniform, except on police business, any saloon
or liquor store.
(k)
Violation of any criminal
law.
(l)
For making known any proposed
action or movement of the force, or contents of any order, other than
to persons immediately concerned in its execution.
(m)
Conduct unbecoming an officer.
(n)
Conduct subversive of good
order and the discipline of the force.
(o)
Publicly commenting on the
official action of a superior officer.
(p)
Failure to report a known
violation of the law or of the ordinances of the Township.
(q)
Visiting any place of amusement
while in uniform except on police business.
(r)
Failure to attend drill
or the school of instruction for which compensation is provided at
the time affixed or whenever ordered.
(s)
Swearing falsely in application
for appointment to the force or to such other papers as required of
him and affidavit.
(t)
Soliciting anyone to intercede
with the Chief, the Council or any superior officer in relation to
promotions, changing of any beats, disposition of pending charges
of any findings of a trial before the Council or for refusing to do
duty, or evading duty of any kind, whenever necessity requires, whether
on patrol or elsewhere and whether in uniform or not.
(u)
Accepting a bribe or favor
as a consideration either for the performance or nonperformance of
his duty.
(v)
Receiving or accepting a
reward or present of any kind, directly or indirectly, for any act
in the performance of his duty without permission being first had
and obtained of the Township Manager.
(2)
All charges against members
of the Police Department shall be instituted by the Chief of Police
and thoroughly examined by the Township Manager, and upon any member
of the Department being convicted by the Manager of any violations
or orders of the Department, the Manager may, in lieu of dismissal
from the Department, impose such penalty as, in his judgment, is warranted
by the character of the offense.
(3)
Emergency suspension. Any command
or supervisory officer shall have the authority to impose emergency
suspension until the next business day against a member of the police
department when it appears that such action is in the best interests
of the department.
B.
Hearing procedure.
(1)
Any member or employee of the
Police Department who violates the terms of this article or the rules
or regulations promulgated for the control of the Police Department,
against whom charges are preferred, shall be given a hearing within
30 days, before the Manager, on such charges. These shall be in writing
and signed by the person making the same. The Manager shall thereupon
proceed as speedily as possible to investigate the charges. The Manager
shall thereupon determine whether to:
(2)
After the hearing of the member
or employee of the Police Department, who may be represented by counsel
in his own defense, or without hearing in case he fails to appear,
the Manager may reprimand, suspend, reduce in rank, fine or dismiss
said member or employee of the Police Department from the service
of the Township or exonerate him from such charges. The Chief of Police
shall have the power to suspend any member or employee of the Police
Department from active duty, without pay, pending the determination
of such charges.
C.
Assignments and orders. All orders
or assignments for members of the Police Department shall be made
through the Township Manager and the Chief of Police.
