There is hereby created and established within
the organizational structure of the Township of Union, in the County
of Union, a Department of Public Safety.
[Amended 8-11-1992 by Ord. No. 4210; 2-9-1993 by Ord. No. 4229; 3-22-1994 by Ord. No. 4303; 12-9-2008 by Ord. No. 5078; 2-23-2010 by Ord. No. 5127]
The Department shall consist of three divisions,
namely the Division of Police, the Division of Fire and the Division
of Administration. The Division of Police shall be operated under
the control of the Police Director and the Division of Fire shall
be operated under the direction and control of a Chief. The Division
of Administration shall be operated under the direction and control
of the Director of Public Safety. These divisions shall be comprised
of as many officers, patrolmen, firefighters, civilians, part-paid
personnel and/or volunteers as may be directed by the Township Committee.
Further allocations of duties into respective bureaus or assignments
shall be determined as needs require, in the discretion of the Police
Director or Fire Chief regarding the Police and Fire Divisions and
the Director of Public Safety regarding the Administrative Division,
except that the Director shall not have assignment powers regarding
sworn personnel.
[Amended 2-14-1995 by Ord. No. 4371; 12-9-2008 by Ord. No. 5078]
The Director of the Public Safety shall be appointed
by a majority vote of the Township Committee and shall hold office
at the pleasure of the Township Committee. The Director may be a full-time
or contract employee of the Township. The Director shall be knowledgeable,
by reason of education and experience, in administering a department
of the size, type and complexity of the Department of Public Safety.
Direct experience in one of the disciplines included in the Department
is required. In the absence of a Director, the Township Administrator
will assume the administrative duties of the Director.
[Amended 2-12-1991 by Ord. No. 4134; 8-11-1992 by Ord. No.
4210; 2-9-1993 by Ord. No. 4229; 3-22-1994 by Ord. No. 4303; 11-27-2007 by Ord. No. 5033]
A. The Police Director
is designated hereby as the appropriate authority and shall be responsible
for the overall performance of the Division of Police, including the
promulgation and adoption of the rules and regulations for the government
of the Police Division and for the discipline of its members.
[Amended 12-9-2008 by Ord. No. 5078]
B. The Appropriate
Authority, or his/her designee, shall sit as Hearing Officer for the
Township on any complaint against a permanent or probationary police
officer charging violation of N.J.S.A. 40A:14-147, or N.J.A.C. 4A:2-2.3,
or violation of the internal rules and regulations of the Police Department.
In the event the Appropriate Authority does not act as Hearing Officer,
the individual so designated to hear the disciplinary matter shall,
at the conclusion of the hearing, forward his/her findings and recommendations
to the Appropriate Authority, who shall make the final determination.
The Appropriate Authority's decision shall be reviewable as provided
by N.J.A.C. 4A:2-2.8, as amended from time to time, or through a collective
negotiations agreement procedure. In the event an individual not employed
by the Township is considered by the Appropriate Authority to act
as the Hearing Officer, the alternate Hearing Officer shall be appointed
by the Township Committee.
C. The Division of
Police shall be under the supervision and control of the Police Director
and the Division of Fire shall be under the supervision and control
of a Chief. The Chief of Fire shall implement the policies established
by the Director of Public Safety and be accountable to the Director
of Public Safety, who in turn shall report to the Township Committee
through the Township Administrator. The Police Director shall implement
the policies established by the Township Committee, and be accountable
to and report to the Township Committee. The Division of Administration
shall be under the supervision and control of the Director of Public
Safety, who in turn shall report to the Township Committee through
the Township Administrator.
[Amended 12-9-2008 by Ord. No. 5078; 2-23-2010 by Ord. No. 5127]
D. The second in
command of the Police Division shall be the Deputy Chief of Police,
and the second in command of the Fire Division shall be the Deputy
Chief of the Fire Division. The Deputy Chief of each division shall
perform such duties as are assigned to him or her by the Chief.
[Amended 2-12-1991 by Ord. No. 4134; 8-11-1992 by Ord. No.
4210; 2-9-1993 by Ord. No. 4229; 2-23-2010 by Ord. No. 5127]
The Fire and Administrative Divisions and all
their personnel shall be under the direction of the Director of Public
Safety, subject to the terms of this chapter and applicable state
law and such rules and regulations as may from time to time be promulgated
by the Township Committee with reference to the discipline of members
of the Divisions, the training and efficiency of the personnel thereof
and the use and care of equipment and apparatus. The Director of Public
Safety is hereby authorized to administer and enforce such rules as
may be delegated, except that he may delegate, in his discretion,
such administration and enforcement thereof to the Division head.
The rules, as herein authorized, and all other Division ordinances,
rules and regulations and orders, both verbal and written, shall apply
to all paid personnel, but also to all volunteers and civilian personnel.
The Police Division shall report to the Director of Public Safety
on routine personnel matters, budgetary issues and all other non-police
matters necessary for the internal administrative functions for the
operation of local government. In order to carry out these responsibilities,
the Director of Public Safety may:
A. Direct the preparation
of annual budget requests to the Township Administrator and monitor
budget expenditures.
B. Coordinate the
preparation and submission of monthly and annual reports, when appropriate.
C. Coordinate training
of the Divisions in a variety of matters with respect to the duties
of said Divisions.
D. Coordinate drills
with any or all Divisions.
E. Develop plans
and programs for dealing with public safety issues and emergency situations.
F. Keep records and
review and analyze the performance of all Divisions of the Department.
G. Coordinate emergency
activities with the Department of Emergency Management.
H. Direct the preparation
of quarterly financial status reports.
I. Keep the Township
Administrator advised of significant issues affecting the Department.
J. Communicate the
Township Committee's goals and objectives to the Department.
K. Develop the long-term
capital planning needs for the Department.
L. Facilitate the
setting of goals and objectives for the Department.
M. Serve as an advocate
for the departmental needs to the Township Administrator.
N. Interface with
area departments and represent the Township at professional conferences.
O. Identify new technologies
and the implementation of new approaches to law enforcement and fire
services.
P. Facilitate resolution
of problems which cannot be resolved within or between the Police
and Fire Divisions.
Q. Coordinate research
and development necessary for policy formulation.
R. Perform such other
duties as shall be assigned by the Township Administrator.
Annually, the Township Committee shall designate
one of its members to be Commissioner of the Division of Police and
one to be Commissioner of the Division of Fire. Subject to administrative
control and practice, the Commissioner shall become knowledgeable
about the general functioning of the Division and act as a liaison
between the Division, Department and the Township Committee.