[Adopted 3-6-1969 by Ord.
No. 234 (Ch. 16, Art. 1, of the 1969 Code)]
[Amended 5-8-1973 by Ord.
No. 282; 3-11-1980 by Ord. No. 389; 4-13-1982 by Ord. No. 429; 6-13-1989 by Ord. No. 538; 12-13-1994 by Ord. No. 646; 5-14-1996 by Ord. No. 677; 4-8-2003 by Ord. No. 775; 3-8-2011 by Ord. No. 962]
The Police Department shall consist of a Chief of Police, Sergeants
and patrolman and may also include the position of Deputy Chief, Captain,
Lieutenant and Corporal, who shall be appointed by the Mayor, upon
the recommendation of the Public Safety Committee, with the approval
of Council, and shall hold office during good behavior and efficiency;
provided, however, that each member of the Department shall first
be employed for a probationary period to be determined by the Public
Safety Committee so that his or her fitness for the duties he/she
is to perform may be determined before he/she is permanently appointed
to the Police Department. During such probationary period, the police
officers so employed shall be deemed probationers only and not permanently
appointed to the Department, and they may be dropped from the rolls
or discharged at any time during such probationary period. At the
expiration of the probationary period, a probationer shall be deemed
to have been dropped from the rolls and discharged, unless, upon the
recommendation of the Public Safety Committee, he or she shall be
permanently appointed to the Department by the Mayor with the approval
of Council.
All members of the Police Department and the Chief Desk Clerk
who shall have been employed by said Borough for a period of one year
or more on June 1, 1967, shall be entitled to two weeks' vacation.
All other members of the Police Department and the Chief Desk Clerk
shall be entitled to one week, provided that they have been employed
six months. In addition to said vacation, all members of the Police
Department and the Chief Desk Clerk shall be entitled to the following
eight paid holidays:
[Amended 4-8-2003 by Ord.
No. 775]
A.
There is hereby established in the Borough of Barrington the office
of Chief of Police.
B.
Said Chief of Police shall be appointed by the Mayor, subject to
confirmation by the Borough Council.
C.
Said Chief of Police and all policemen of the Borough of Barrington
shall be under the direction and control of the Police Committee of
the Council and its Chairman, acting as Director of Public Safety.
E.
The Chief of Police shall be the head of the Police Department and
shall be directly responsible to the Borough Council for its efficiency
and day-to-day operations. Pursuant to policies established by the
Borough Council, the Chief of Police shall:
(1)
Administer and enforce the rules and regulations of the Police Department
and any social emergency directive for the disposition and discipline
of the Department and its members and officers.
(2)
Have, exercise and discharge the functions, powers and duties of
the Police Department.
(3)
Prescribe the duties and assignments of all members and officers.
(4)
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control.
(5)
Report at least monthly to the Borough Council in such form as shall
be prescribed on the operation of the Police Department during the
preceding month and make such other reports as may be requested by
the Borough Council.
[Added 4-8-2003 by Ord.
No. 775]
All the officers of the Police Department shall perform all
the duties provided by law and such other and further duties as may
be established by the Director of Public Safety, including but not
limited to preserving the public peace; protecting life and property;
detecting, arresting and prosecuting offenders of the laws of New
Jersey and the ordinances of the Borough of Barrington; directing
and controlling traffic; providing attendance and protection during
emergencies; providing appearances in court; cooperating with all
other law enforcement agencies; and providing training for the efficiency
of its members and officers.
[Added 4-8-2003 by Ord.
No. 775]
The Borough Council of the Borough of Barrington shall be designated
as the appropriate authority as provided in the New Jersey Statutes.
The appropriate authority shall be responsible for the overall performance
of the Police Department, the regulations for the government of the
Police Department and for the discipline of its members.
[Amended 4-8-1983 by Ord.
No. 455]
To be eligible to appointment in the Police Department, a man
must be not less than 21 nor more than 35 years of age, except that,
pursuant to N.J.S.A. 38:23A-2, any man who, heretofore and subsequent
to July 1, 1940, entered or hereafter, in time of war, shall enter
the active military or naval service of the United States shall be
deemed to meet the maximum age requirement if his actual age less
the period of such service would meet the maximum age requirement
in effect on the date that he entered into such service of the United
States; must be a citizen of the United States; must be of good moral
character; and must be able to read and write the English language
understandably. He shall be in good health and sound in mind and body,
as certified by the Borough Physician, who shall also certify that
he is physically capable of performing the duties required of him
and shall satisfy the requirements for membership in the state police
and firemen's retirement system. The Public Safety Committee
shall examine all applicants for appointment from an educational,
mental and moral standpoint and, after also considering the report
of the Borough Physician, make their recommendations to the Mayor.
Each and every policeman shall make complaint before the Municipal
Magistrate of every person known to him to have violated any of the
laws of the United States or the State of New Jersey or the Borough
ordinances, so that the Magistrate may order the issuance of either
a warrant or summons for the appearance of the person charged with
the violation.
Each member of the Police Department shall, before entering
upon the duties of his office and within 10 days after receiving notice
of his appointment, take and subscribe an oath or affirmation faithfully
and impartially to discharge the duties of his office and such other
oath or affirmation as may be required by law, which oaths or affirmations
shall be filed with the Borough Clerk.
Any member of the Police Department shall be subject to reprimand,
deduction of pay, suspension, dismissal or other appropriate punishment,
according to the nature and gravity of his offense, upon conviction
thereof by a majority vote of Borough Council, for any of the following
causes:
A.
Intoxication or being under the influence of any drug while on or
off duty.
B.
Willful disobedience of orders.
C.
Indecent, profane or harsh language.
D.
Disrespect to a superior officer.
E.
Unnecessary violence to a prisoner.
G.
Immorality, indecency or lewdness.
H.
Incapacity, either mental or physical, lack of energy or gross ignorance
of the laws or regulations of the Department.
I.
Visiting, except on police business, any gambling house, poolroom
or house of ill fame or visiting while in uniform or on duty, except
on police business, any saloon or liquor store.
J.
Violation of any criminal law.
K.
For making known any proposed action or movement of the force or
contents of any order, other than to persons immediately concerned
with their execution.
L.
Conduct unbecoming an officer and a gentleman.
M.
Conduct subversive of good order and the discipline of the force.
N.
Publicly commenting on the official action of a superior officer.
O.
Failure to report a known violation of law or of the Borough ordinances
or accepting a bribe or favor as a consideration either for the performance
or nonperformance of his duty.
P.
Visiting any place of amusement while in uniform, except on police
business.
Q.
Failure to attend school of instruction whenever ordered.
R.
Swearing falsely in application for appointment.
[Added 5-13-1975 by Ord.
No. 318; amended 5-13-1980 by Ord. No. 397]
Longevity shall be paid to regular members of the Police Department.
The longevity shall be paid at the rate of 3% of the current year's
regular salary after the fifth year and 3% of each previous year's
regular salary until the 10th year. After the 10th year, the rate
will increase to 6% of the current year's regular salary. Upon
reaching 15 years of service, 8% of the current year's salary
shall be given in addition to the year's salary.
[Added 6-11-1991 by Ord.
No. 571]
The rules and regulations of the Police Department of the Borough
of Barrington shall be adopted subject to the following procedures:
A.
The Chief of Police submits to the Public Safety Committee the proposed
rules and regulations.
B.
Upon review by the Public Safety Committee, the Director of Public
Safety shall make recommendations to the governing body for its consideration.
C.
The Council shall adopt a resolution approving the rules and regulations.
D.
Upon adoption of the resolution, the Clerk shall forward a copy of
the resolution to the Chief of Police, who shall then henceforth provide
a copy of the rules and regulations with the authorizing resolution
to all of the members subject thereto.
[Added 9-9-2014 by Ord.
No. 1025[1]]
The Borough Council may appoint special law enforcement officers
in accordance with N.J.S.A. 40A:14-146.8 et seq., to be utilized by
the Police Chief. Their terms may not exceed one year, and such appointment
may be revoked without cause or hearing. They shall possess and exercise
all the powers and duties provided by said statutes during their term
in office, but shall not be continued as regular members of the Police
Department and shall not be entitled to tenure. The special police
officer's powers, rights and duties shall immediately cease at the
expiration of the term for which they were appointed, or upon revocation
of their appointment. They may be furnished with a badge upon the
deposit of a sum to be fixed by the Borough Council, which may be
refunded upon return of the badge.
[Added 9-9-2014 by Ord.
No. 1025[1]]
A.
No person shall be appointed as a special police officer unless he/she
is a citizen of the United States; able to read, write and speak the
English language; physically qualified and of good moral character;
and shall not have been convicted of any crime. No such special police
officer shall carry a revolver or other weapon when off duty. Every
special police officer shall be fingerprinted, and his fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
B.
Every such special police officer shall be under the supervision
and direction of the Chief of Police or officer in charge of the Police
Department.
C.
Every such special police officer shall comply with the Police Department's
rules and regulations promulgated by the Borough Council for the conduct
and decorum of the regular members of the Police Department.
D.
Before any such appointment is made, the Chief of Police shall ascertain
whether the applicant for the appointment is eligible and qualified,
as provided by statute, and a written report shall be made to the
Borough Council.
E.
Said written report shall be made by the Chief of Police within two
weeks of the date the same is requested by the Borough Council, and
said written report shall list the findings of the Chief of Police
in detail. Following the receipt of such written report, the Borough
Council shall determine whether to appoint said special police officer
and, in conjunction therewith, may make an independent investigation
and appraisal of such applicant or proposed appointee.
[Added 5-10-2016 by Ord.
No. 1055[1]]
In accordance with N.J.S.A. 40A:14-141 et seq., the Mayor may
appoint, with the advice and consent of the Borough Council, a chaplain
for the Barrington Police Department. The person appointed as chaplain
shall be an ordained clergyperson in good standing in the religious
body from which he or she is selected. Said chaplain shall become
a member of the Barrington Police Department, without rank and without
salary. Said appointment shall be for a period not to exceed one year
and shall expire on December 31 of each calendar year.
