[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
The Governing Body shall have the authority to appoint, by resolution,
no more than 50 constables in the following manner, recognizing that
there are five wards, each represented by one council person and four
at-large council persons in the City of Newark:
a.
Each ward (East, West, South, North and Central) council person shall
have a total of five appointments during his or her term of office;
b.
Each at-large council person shall have a total of six appointments
during his or her term of office;
c.
Council President shall have one additional appointment.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
The Municipal Council shall pass a resolution declaring whether
constables will be appointed for a one or three year term, which appointment
shall remain in effect until such time as it is amended or a resolution
is adopted changing the terms of constables.
The constable shall complete a notarized, executed application,
in a form acceptable to the City Clerk and the Department of Public
Safety, in conformity with State law.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
The constable shall pay a minimum processing fee of $250 each
year of his/her appointment to the Office of the City Clerk and all
costs associated with the training required shall be paid by the applicant.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
a.
As a condition of appointment, the constable shall take an oath of
office and shall post a surety bond in the amount of $5,000, which
bond shall be approved as to form and legality by the Corporation
Counsel, and by resolution approved by the Municipal Council as to
form, amount, and sufficiency.
b.
A person is eligible for appointment as a constable, if he/she is
a resident and qualified voter of the City of Newark for at least
three years prior to their appointment, and pass a background and
records check in accordance with current custom, practice and procedures
of local law enforcement agencies.
c.
A constable shall fulfill all of the necessary requirements within
30 days of appointment (present him/herself at the Office of the City
Clerk and post surety bond and take the oath of office, in accordance
with this section and any applicable State law or regulation, as amended).
Failure to fulfill all of the necessary requirements within 30 days
of his or her appointment shall be cause to rescind the appointing
resolution.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
The City Clerk shall issue a photo identification card to the
constable, after he/she has taken the oath of office and posted the
required surety bond, which shall be filed in the Office of the City
Clerk.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Constables shall only have such power and authority as outlined
in this section and in specific statutes, including, but not limited
to, N.J.S.A 2A:33-9, assisting with distraint proceedings (repossession),
and their appointment is expressly limited to these powers and authorities,
notwithstanding any other prior or existing law or precedent. In particular,
constables shall be authorized to serve judicial process, including
subpoenas and warrants, capias ad testificandum or other compulsory
process issued by any court of the State; assist with distraint proceeding
(repossession), including appraisal of property, as authorized by
N.J.S.A. 2A:33-9; and serving a lock-out for a landlord.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Constables shall complete, within six months of appointment,
a training course as required by the Director of the Department of
Public Safety. Any constable who was appointed prior to the effective
date of this section, is required to complete the required training
within one year of the ordinance's effective date, unless an
exception is provided.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Constables are expressly prohibited from acting in any manner
contrary to State law or this section. Constables are expressly forbidden
from holding themselves out as constables to members of the public,
or wearing any paraphernalia or insignia identifying themselves as
a Newark Constable, when and if such individuals are acting as private
security officers. Constables are also expressly prohibited, when
acting in their official capacity as a constable, from representing
to others that they are, or are otherwise acting as if they are sworn
officers of the City of Newark Department of Public Safety. The carrying
or display of a firearm while performing the duties of a constable
is prohibited.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
If a constable is found to have violated the scope of duties, the rules and regulations established pursuant to this section or their statutory duties, then the constable shall be removed by a notice of termination issued by the Chief of Police or the sponsoring Council Member, pending adoption of a resolution terminating the appointment. The Municipal Council shall review and take action on the Police Chief's or sponsoring Council Member's recommendation at the first available Council Meeting following the notice of termination. If a constable is removed from office resulting from a finding of a violation of this section, then he or she shall be ineligible for future appointment in the City of Newark. Notwithstanding the foregoing, if a constable fails to file the report required by N.J.S.A. 40A:9-126.1 for any reason except physical incapacity, as outlined in Subsection 3:12-18, then no rescinding resolution shall be necessary to terminate the appointment, as provided by the statute.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Constables are expressly prohibited, when acting in their official
capacity as a constable, from wearing any insignia, clothing, hat
or other paraphernalia identifying them as constables, employees or
representatives of the City of Newark or the Department of Public
Safety, except for wearing or exhibiting of the official identification
card issued by the Office of the City Clerk. This section does not
intend, authorize and expressly prohibits the expenditure of public
monies to purchase apparel or insignia for any constable (excluding
the official photo identification card), including the purchase of
a firearm.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Once a constable application is approved by the Municipal Council and the necessary requirement under Subsections 3:12-3, 3:12-4 and 3:12-5 above are met, the City Clerk shall issue a photo identification card to each constable. The identification card shall have an expiration date which indicates the termination of the constable's term of office. A constable shall not exhibit any identification card or other documentation or badge not in conformity with this section while engaged in his or her official business or at any other time. In no event shall the identification card represent that the constable is a sworn police officer and shall not be utilized or exhibited if the constable is acting as a private security officer, acting independently or in the employ of a private security company. The identification card shall be returned to the City Clerk at the expiration of the constable's term.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
This section is not intended to substitute for any licensing
or registration requirements for private security officers or private
detectives.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Notwithstanding anything to the contrary herein, this section
does not confer on a constable, the authority to act in any capacity
involving a criminal proceeding or investigation. Neither this section
nor the appointment by the Municipal Council confers, nor do either
intend to confer, a right on behalf of the constable to carry a firearm.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Any complaint against a constable, lodged with the City Clerk
or the City of Newark, Department of Public Safety, by any person,
including representatives of the County of Essex, shall be investigated
by the City of Newark, Department of Public Safety or the Essex County
Prosecutor's Office, and may result in a recommendation of termination.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
The appointment of the constable does not and is not intended
to establish an employment arrangement between the constable and the
City of Newark.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
Each person appointed as a constable, before entering upon the
duties of his/her office shall take and subscribe an oath of office,
which shall be filed with the Office of the City Clerk.
[Added 7-22-2020 by Ord.
No. 6PSF-C, 07-22-2020]
As required by N.J.S.A. 40A:9-126.1, each constable shall on
or before the first Wednesday following the first Monday of every
month, file with the Office of the City Clerk a report of his/her
official activities, other than in connection with court or judicial
proceedings, for the month immediately past. The City Clerk shall
forward a copy of this report to the Chief of Police. The report shall
list the names and addresses of all persons contacted by the constable
in his/her official capacity, together with the date, time, and purpose
of the contact. In addition, the report shall contain an accurate
statement of all fees collected by the constable and from whom and
for what service each fee was collected. A template of the report
shall be prepared by the City Clerk and provided to the constable
for completion. Pursuant to N.J.S.A. 40A:9-126.1, failure to comply
with the reporting requirements of this section, for a period of two
consecutive months, except only for physical incapacity, shall result
in his or her office being deemed vacant and he shall be barred from
exercising the rights and privileges thereof.
