[1973 Code § 7:1-1; Ord. No. 2014-806]
A Police Department is hereby established in and for the Township
under the name of "Police Department of the Township of Green Brook."
[1973 Code § 7:1-2; Ord. No. 2011-777a; Ord. No. 2014-806]
The Police Department of the Township shall consist of a Chief
of Police, not more than one Captain, not more than two Lieutenants,
not more than five sergeants and not more than 18 Police Officers
and other employees as shall from time to time be deemed necessary
by the Township Committee to properly preserve peace and good order
within the Township. One or more members of the Department may be
detailed as detectives by the Chief of Police.
[1973 Code § 7:1.3; Ord. No. 7-8-82 § 1; Ord. No. 2011-777a; Ord. No. 2014-806]
In accordance with N.J.S.A. 40A:14-129, a promotion of any member
or officer of the police department or force to a superior position
shall be made from the membership of the department. Due consideration
shall be given to the member or officer so proposed for promotion,
to the length and merit of service and preference shall be given according
to seniority in service. No person is eligible for promotion to a
superior officer unless s/he shall have previously served as a police
officer in such department or force for at least three full years.
Due consideration of merit will be made by reviewing each candidate's
departmental record and personnel files, with emphasis on the last
three years of service, including performance records, performance
evaluations, educational background, military background, demonstrated
qualities of leadership or leadership potential, demonstrated ability
to assume additional responsibilities, complaints, commendations,
disciplinary history and any other relevant matters.
[1973 Code § 7:1.4; Ord. No. 2014-806]
The Chief of Police, shall be the head of the police force and
that he shall be directly responsible to the appropriate authority
for the efficiency and routine day to day operations thereof, and
that he shall, pursuant to policies established by the appropriate
authority:
a.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
b.
Have, exercise and discharge the functions, powers and duties of
the force;
c.
Prescribe the duties and assignments of all subordinates and other
personnel;
d.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and,
e.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operations of the
force during the preceding month and make such other reports as may
be requested by such authority.
[1973 Code § 7:1.5; Ord. No. 2011-777a; Ord. No. 2014-806]
As the appropriate authority, the Township Committee shall act
in all matters relating to the police function in the municipality
as a body. The Township Committee may examine at any time the operations
of the police force or the performance of any officer or member thereof.
In addition, the Township Committee shall have the power and duty
to act to provide for the health, safety or welfare of the municipality
in an emergency situation through special emergency directives.
[1973 Code § 7:1-6; Ord. No. 2011-777a; Ord. No. 2014-806]
a.
An initial appointment will be contingent on the candidate successfully completing with successful results, as applicable, a background investigation, stress test, psychological evaluation and medical examination. The Chief of Police, his/her designees, the Township Administrator and a recognized physician to be selected by the Chief of Police shall examine all candidates for appointment and they shall furnish to the Township Committee a written certificate as to the educational, mental, moral and physical fitness of such candidates. The Township Committee with the consent of the majority of the members present and voting, shall appoint all members and officers of the Police Department, subject to the provisions of subsections 2-28.3 and this subsection 2-28.6 through subsection 2-28.8.
b.
The Chief shall submit candidates for promotion to the Township Administrator for his/her concurrence. The candidate will then be forwarded to the Township Committee for consideration and approval. Should the Chief and Administrator not concur on a candidate for promotion, both parties shall provide their individual recommendations to the Township Committee for consideration and approval. A promotion will be contingent on the candidate successfully completing with successful results, as applicable, a stress test, psychological evaluation and medical examination. The Township Committee with the consent of the majority of the members present and voting, shall promote all members and officers of the Police Department, subject to the provisions of subsections 2-28.3 and this subsection 2-28.6 through subsection 2-28.8.
c.
When needed, the Township Committee shall designate two of its members
to serve on the Promotional Board for the position of Chief of Police.
Candidates for promotion to Chief of Police shall be evaluated by
a Promotional Board consisting of the Township Administrator and two
Township Committee members. The final candidate will then be forwarded
to the appropriate authority for consideration and approval.
[1973 Code § 7:1-7; Ord. No. 2011-777a; Ord. No. 2014-806; Ord. No. 2014-812]
Each member of the police force of the Township, as presently
constituted, shall be a member of the Police Department.
Each member of the Department hereafter appointed shall be of
good moral character, be sound in body and in good health, and shall
possess the statutory qualifications for appointment to a police department
in the State of New Jersey and the ideal candidate should possess
a minimum of 48 college credits, or two years of honorable military
service, or two years of honorable service at a law enforcement agency.
[1973 Code § 7:1-8; Ord. No. 2014-806]
a.
Each person hereafter appointed to the Department, or promoted to
any office within the Department, shall first serve a probationary
period of one year from the date of his appointment. At the termination
of the probationary period, the appointment as an officer or police
officer as the case may be, shall become final upon the recommendation
of the Chief of Police and the consent of a majority of the members
of the Township Committee present and voting. The Chief of Police
may also recommend termination of the probationary officer or an extension
of the term of probation.
b.
The probationary period may be waived by the Township Committee in
the case of an appointment of a patrolman who shall have served in
the Police Department of another community, and appointment of any
such experienced officer may be made to a grade commensurate with
his prior service and experience.
c.
If a problem arises in the probationary period for the Chief of Police
and is deemed uncorrectable by the Township Committee, the member
may be returned to his/her previous rank. Any such determination shall
be made by the Township Committee, whose decision is final.
[Repealed by Ord. No. 2011-777a]
[1973 Code § 7:1-10; Ord. No. 2014-806]
Every member of the Police Department, before entering upon
the performance of his duties, shall take and subscribe an oath of
affirmation to bear true faith and allegiance to the government established
in this State, as prescribed by law for public officials.
[1973 Code § 7:1-11; Ord. No. 2011-777a; Ord. No. 2014-806]
The Chief of the Police Department shall be the executive head
of the Department and shall be responsible to the Township Committee,
for the conduct, efficiency and management of the Department. Nothing
herein shall supersede or alter the powers and duties of the Chief
of the Police Department set forth in N.J.S.A. 40A:14-118. The hours
of employment of the members of the Police Department shall be determined
by the Chief of Police. In case of an emergency the Chief of Police,
or other officer in charge, shall have full power and authority to
summon and keep on duty any and all members of the Police Department
during the period of the emergency. In the absence or disability of
the Chief of Police his duties shall be performed by the next officer
in command in order of rank.
[1973 Code § 7:1-12; Ord. No. 2014-806]
The members of the Police Department shall be held responsible
for the proper enforcement of all the ordinances of the Township,
and the laws of the State of New Jersey and of the United States.
[1973 Code § 7:1-13; Ord. No. 2014-806]
The Chief of Police, with the assistance of other members of
the Department as shall be detailed for that purpose, shall keep a
complete record as prescribed in the rules and regulations to be adopted
by the Township Committee.
[1973 Code § 7:1-14; Ord. No. 2011-777a; Repealed by Ord. No. 2014-806]
[1973 Code § 7:1-15; Ord. No. 2014-806]
No person shall be removed from office or employment in the
Police Department for political reasons or for other causes than incapacity,
misconduct, nonresidence, violation of the terms of this section,
or of the rules and regulations of the Department.
[1973 Code § 7:1-16; Ord. No. 7-8-82 § 2; Ord. No. 2011-777a; Ord. No. 2014-806]
Except as otherwise provided by law, no permanent member or
officer of the Police Department or force shall be removed from his
or her office, employment or position for any cause other than incapacity,
misconduct, or disobedience of rules and regulations established for
the government of the Police Department and the force, nor shall such
member or officer be suspended, removed, fined or reduced in rank
from or in office, employment, or position therein, except for just
cause as hereinbefore provided and then only upon a written complaint
setting forth the charge or charges against such member or officer.
The complaint shall be filed in the office of the body, officer or
officers having charge of the Department or force wherein the complaint
is made and a copy shall be served upon the member or officer so charged,
with notice of a designated hearing thereon by the proper authorities,
which shall be not less than 10 nor more than 30 days from date of
service of the complaint.
A complaint charging a violation of the internal rules and regulations
established for the conduct of the Police 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.
A failure to comply with said provisions as to the service of
the complaint and the time within which a complaint is to be filed
shall require a dismissal of the complaint.
The law enforcement officer 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.
Notwithstanding any other law to the contrary, whenever a police
officer is charged under the law of this State, another state, or
the United States, with an offense, said police officer may be suspended
from performing his duties, with pay, until the case against said
officer is disposed of at trial, until the complaint is dismissed,
or until the prosecution is terminated; provided, however, that if
a grand jury returns an indictment against said officer, or said officer
is charged with an offense which is an indictable offense or which
involves moral turpitude or dishonesty, said officer may be suspended
from his duties, without pay, until the case against him is disposed
of at trial, until the complaint is dismissed or until the prosecution
is terminated.
This provision shall not supersede or restrict the authority
and obligations of the Township Committee and the Chief of Police
as set forth in N.J.S.A. 40A:14-147 through 40A:14-149.1.
[1973 Code § 7:1-17; Ord. No. 2011-777a; Ord. No. 2014-806]
The compensation of the members of the Police Department shall
be determined by the Township Committee and shall be paid at such
times as the Township Committee may designate or as designated by
a collective bargaining agreement.
[Repealed by Ord. No. 2011-777a]
[Ord. 11-10-77 § 1; Ord. 96-605 §§ 1, 2; Ord. No. 2014-806]
The Township of Green Brook is authorized to enter into an intermunicipal
agreement or agreements with other "participating municipalities"
which has by ordinance entered into the following or substantially
similar intermunicipal agreements for mutual police and fire aid,
as follows:
a.
Intermunicipal Agreement for Mutual Police and Fire Aid. This Mutual
Aid Agreement ("Agreement") is made and entered into by and between
the Township of Green Brook, County of Somerset, a Municipal Corporation
of the State of New Jersey, and each other Participating Municipality,
as hereinafter defined. In consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1.
CHIEF OF POLICE
EMERGENCY
FIRE CHIEF
PARTICIPATING MUNICIPALITY
REQUESTING MUNICIPALITY
Definitions. As used in this Agreement, the following phrases shall
have the following meanings:
Shall mean the Chief of Police or other head of a municipal
police department, or that person's designee.
Shall mean any situation or combination of situations which,
in the opinion of the Chief of Police of a Requesting Municipality,
requires the assistance of police or fire personnel, or both, from
one or more Participating Municipalities to protect or promote the
public safety or welfare, or to protect police or fire personnel.
Shall mean the Fire Chief or other head of a municipal fire
department, or that person's designee.
Shall mean each Municipal Corporation of the State of New
Jersey, located within the County of Somerset, or, if in a county
other than Somerset, having a boundary contiguous with the Township
of Green Brook, which has by ordinance entered into this or a substantially
similar Intermunicipal Agreement for Mutual Police and Fire Aid.
Shall mean a participating municipality which has requested
assistance pursuant to this Agreement.
2.
Purpose. It is to the mutual advantage and benefit of the Participating
Municipalities that each agree to render supplemental police and fire
assistance to any Requesting Municipality pursuant to this Agreement.
3.
Authority. Municipal corporations of the State of New Jersey are
authorized under N.J.S.A. 40A:14-156 et seq. to provide police and
fire assistance outside their territorial jurisdictions. Municipal
corporations of the State of New Jersey are authorized under N.J.S.A.
40:8A-1 et seq. to enter into Interlocal Services agreements with
other municipalities.
4.
Scope. This Agreement shall apply to every instance of fire or police
Emergency assistance among Participating Municipalities.
5.
Intermunicipal Assistance. The Chief of Police of each Participating
Municipality to whom such a request for assistance is made shall,
in the case of a contiguous municipality, provide such personnel and
equipment as requested to the extent possible without endangering
persons or property within the municipality rendering assistance.
The members of each police department and fire department supplying
aid shall have the same powers, authority, rights and immunities of
the member of the police department or fire department of the Requesting
Municipality while providing assistance to a Requesting Municipality.
6.
Expenses. Each Participating Municipality shall assume the costs
and expense of providing its personnel and equipment to the Requesting
Municipality, except when the Requesting Municipality receives State
or Federal aid by way of reimbursement. When State or Federal aid
is received by the Requesting Municipality, each Participating Municipality
shall certify its costs and expenses to the Requesting Municipality,
and the Requesting Municipality shall pay the costs and expenses of
each Participating Municipality to the extent necessary so that no
Participating Municipality bears a greater proportion of unreimbursed
costs and expenses than the Requesting Municipality.
7.
Senior Ranking Officer. When police or fire assistance is requested
pursuant to this Agreement, the Chief of Police of the Requesting
Municipality shall be the senior ranking officer of all members of
any police department rendering assistance, and the Fire Chief of
the Requesting Municipality shall be the senior ranking officer of
all members of any fire department rendering assistance.
8.
Injury and Death Benefits. Members of any police department or fire
department who suffer injury while providing assistance pursuant to
this Agreement, or their legal representative if death results, shall
be entitled to all of the benefits they would have received if injury
or death had occurred in the Participating Municipality where their
duties are normally performed. The Participating Municipality where
their duties are normally performed shall provide such injury or death
benefits.
9.
Mutual Aid Operations Plan. The Mutual Aid Operations Plan promulgated
by the Somerset County Chiefs of Police Association, prescribing the
specifics of emergency reciprocal police and fire assistance, is hereby
incorporated by reference without inclusion in this Agreement.
10.
Withdrawal from Agreement. Any Participating Municipality may
withdraw from and terminate its part in this Agreement at the end
of any calendar year, provided that: notice of its intention to terminate
is given no later than the prior November 12 to every other Participating
Municipality. Otherwise, the Agreement shall remain in force from
year to year.
11.
Report to Governing Body. The Chief of Police and Fire Chiefs
in each Participating Municipality shall annually, as soon after the
end of the calendar year as practicable, provide their respective
governing bodies with brief summaries of the types of services rendered
and received under this Agreement, along with any appropriate comments
and recommendations.
[1973 Code § 5:1-1; Ord. No. 2015-828]
(The following is the text of the original ordinance to establish
a Municipal Fire Department and to provide for taking over the equipment
and property of the North Plainfield Township Volunteer Fire Company,
adopted March 27, 1935.)
a.
A Municipal Fire Department shall be established in the Township.
b.
That the equipment, real estate, and buildings of the North Plainfield
Volunteer Fire Company be taken over by the Township.
c.
That the sum of $3,500 or so much thereof as may be required by and
is hereby appropriated for this purpose.
d.
In order to temporarily finance the above undertaking temporary improvement
notes are hereby authorized under Chapter 252, P.L. 1916 as amended
and supplemented in an amount not to exceed the amount of $3,500.
Said sum shall be raised by the issue and sale of temporary notes
or temporary bonds of the Township of Green Brook in the County of
Somerset, or both, the same to be issued from time to time as funds
shall be required not exceeding the total amount of the sum hereby
appropriated. The said temporary notes or bonds shall bear interest
at the rate not exceeding 6% per annum, shall state in general terms
the purpose for which they are issued, shall be payable on demand
or mature in not exceeding six years from the date when the purpose
for which they are issued shall be carried out or subject to earlier
call for payment and shall be issued as the said Township Committee
may provide. All other matters in respect to the said notes or bonds
or issuance thereof shall be determined by the subsequent resolutions
of the Township Committee.
[1973 Code § 5:1-2; Ord. No. 2015-828]
a.
The name of the Fire-EMS Department of the Township is the "Green
Brook Township Fire-EMS Department," hereinafter referred to as the
"Fire-EMS Department."
b.
The name of the Fire-EMS Company of the Township is the "Green Brook
Volunteer Fire-EMS Company," hereinafter referred to as "The Company."
[1973 Code § 5:1-1; Ord. No. 2015-828]
a.
The Fire-EMS Department of the Township of Green Brook in the County
of Somerset hereby established shall include such members and officers
as the Township Committee shall by resolution appoint.
b.
The members of such Fire-EMS Department shall serve as volunteers
without compensation and may be dismissed at the will of the Township
Committee.
[1973 Code § 5:1-1; Ord. No. 2015-828]
The Township Committee may adopt administrative policies, for
the regulation, control and management of the Fire Department.
[1973 Code § 5:1-3; Ord. No. 2015-828]
a.
No person shall hereafter become an active member of the Fire-EMS
Department, or any unit thereof, who shall not meet the requirements
of any State law if any, as to age, citizenship or residence. The
Township Committee may, by resolution, adopt such regulations and
additional requirements as to membership to the Department, as they
shall deem necessary or appropriate for the efficient operation of
the Department.
[1973 Code § 5:1-4; Ord. No. 2015-828]
Every member hereafter appointed by the Township Committee on
the first appointment shall be termed a Probationary Member of the
Department, and shall serve a probationary period for a term of up
to one year, and shall only be reappointed by the Township Committee
upon a certification to the Township Committee by the Chief of the
Department that the probationary member is entitled to reappointment.
[1973 Code § 5:1-5; Repealed by Ord. No. 2015-828]
[1973 Code § 5:1-6; Ord. No. 2015-828]
Every person seeking to join the Fire-EMS Department shall make
application to the Company to join, and upon recommendation by the
Company, he/she shall become a member in good standing of the Department
after approval of his/her membership by the Chief and confirmation
by the Township Committee, his/her name shall be entered on a roll
of Department members to be kept by the Township Clerk.
[1973 Code § 5:1-7; Ord. No. 2015-828]
Exemption certificates will be issued to members of the Township
Fire-EMS Department who shall have served in the manner and length
of time as proscribed by State law.
