[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown: Article I, 12-8-58 as Ord. No. 174; Article II, 5-10-65 as Ord. No. 211. Sections 21-1, 21-2, 21-3 and 21-6 amended 12-11-72 as Ord. No. 259. Other amendments noted where applicable.]
Editor's Note: Ord. No. 246, adopted 6-28-71, relieving
the members of the police force of the necessity of living within
the borough, reads as follows: "The Borough of Woodstown is hereby
authorized to appoint and to retain police officers on its police
force, notwithstanding that the same do not meet the residence requirements
specified by N.J.S.A. 40:47-3, as amended or supplemented."
Be it ordained by the Mayor and Council of the Borough of Woodstown,
in the County of Salem and State of New Jersey:
[Adopted 12-8-58 as Ord. No. 174]
[Amended 12-11-72 by Ord. No. 259; 4-14-80 by Ord. No. 313; 2-9-87 by Ord. No. 372; 9-12-95 by Ord. No. 495; 9-10-02 by Ord. No. 572; 1-25-05 by Ord. No. 606; 11-23-10 by Ord. No. 2010-24; 12-27-2018 by Ord. No. 2018-13; 2-14-2023 by Ord. No. 2023-2]
A. The Police Department of the Borough of Woodstown shall consist of
as many regular police officers and police clerks as may be authorized
from time to time by the Borough Council. All members of the Police
Department shall be appointed by the Mayor subject to the confirmation
of the Borough Council and shall continue their appointments until
removed for cause in the manner provided by statute.
B. All appointees, when originally appointed and confirmed, shall be
appointed for a probationary period of one year. During this one-year
period, such appointees shall not be considered permanent members
of the police force and may be discharged or released without cause
at any time. Upon the expiration of such probationary period, the
appointment shall become permanent unless, at any time prior thereto,
the probationary appointment has been revoked by the Mayor and confirmed
by Council. The probationary period may be extended at the discretion
of the Chief of Police for good cause for an additional 90 days.
C. Two regular full-time officers may be promoted to the rank of Sergeant
and two regular full-time officers may be promoted to the rank of
Corporal. Such promotion shall be upon the recommendation of the Chief
of Police or, in the absence of the Chief of Police, upon the recommendation
of the Public Safety Committee, which Committee shall report to the
Borough Council with a report and recommendation for either acceptance
or rejection of the nomination. An affirmative vote by a majority
of the Mayor and Council shall be required to approve such a recommendation.
D. The Mayor may appoint a Chief of Police or the Mayor and Council may appoint a Public Safety Director to supervise the Police Department. A person appointed as Chief of Police may assume the duties of a regular police officer and shall have all the powers inherent in the office and as authorized by statute. If a Public Safety Director is appointed, that person shall perform the duties enumerated in §
21-14 herein.
[Amended 12-11-72 by Ord. No. 259]
The Police Department shall be under the general control of
the Borough Council and the immediate supervision and control of the
Public Safety Committee of the Borough Council, and the members thereof
shall be paid such salaries as shall be fixed and determined by ordinance.
[Amended 12-11-72 by Ord. No. 259, 4-14-80 by Ord. No. 313; 11-13-10 by Ord. No.
2010-24]
The Mayor shall designate one member of the police force as
Chief of Police. The Chief shall direct the activities of the Department,
with supervision of his activities being exercised by the Borough
Council and the Public Safety Committee of the Borough Council as
set forth above. In the absence of the Chief of Police or during his
incapacity to act for any cause, the Mayor, subject to the confirmation
of the Borough Council, may appoint an Acting Chief of Police as necessary.
The Acting Chief of Police shall perform all of the duties and have
all of the responsibilities of the Chief of Police during the absence
of the Chief of Police. Upon the return of the Chief of Police, the
appointment of a new Chief or the appointment of a Public Safety Director,
the position of Acting Chief of Police shall be eliminated, and no
such position shall be recreated without specific action by the Mayor
and Borough Council.
[Amended 9-12-95 by Ord.
No. 495; 11-23-10 by Ord. No. 2010-24; 11-22-2022 by Ord. No. 2022-13]
A. Special law enforcement officers may be appointed by the Mayor and
Council for terms not to exceed one year, and the appointments may
be revoked by the Mayor and Council for cause after adequate hearing,
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing. Nothing herein
shall be construed to require reappointment upon the expiration of
the term. The special law enforcement officers so appointed shall
not be members of the Police Department, and their powers and duties
shall cease at the expiration of the term for which they were appointed.
Special law enforcement officers shall be under the supervision of
the Chief of Police or senior ranking officer on duty as may be in
charge of the Department.
B. Classes of special law enforcement officers.
(1) Class One. An officer of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly person offenses, violations of municipal
ordinances and violations of Title 39 of the New Jersey Revised Statutes.
The use of a firearm by an officer of this class shall be strictly
prohibited, and no Class One officer shall be assigned any duties
which require the carrying or use of a firearm.
(2) Class Two. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by an officer
of this class may be authorized only after the officer has been certified
as successfully completing training as prescribed by the Commission.
(3) Class Three.
(a)
Officers of this class shall be authorized to exercise full
powers and duties similar to those of a permanent, regularly appointed
full-time police officer while providing security at a public or nonpublic
school or a county college on the school or college premises during
hours when the public or nonpublic school or county college is normally
in session or when it is occupied by public or nonpublic school or
county college students or their teachers or professors. While on
duty in the jurisdiction of employment, an officer may respond to
offenses or emergencies off school or college grounds if they occur
in the officer's presence while traveling to a school facility or
county college, but an officer shall not otherwise be dispatched or
dedicated to any assignment off school or college property.
(b)
The use of a firearm by an officer of this class shall be authorized
pursuant to the provisions of Subsection b of Section 7 of P.L. 1985,
c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not
be authorized to carry a firearm while off duty unless the officer
complies with the requirements set forth in Subsection I of N.J.S.A.
2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
[Amended 9-12-95 by Ord. No. 495]
The Borough Council shall have the power and authority to reprimand,
suspend, order deduction of pay, dismiss or remove any member of the
Police Department for just cause and upon written charge signed by
the person making such charge, all as provided by law. It shall be
just cause for suspension, deduction of pay, reprimand, dismissal
or removal for the breach of any rules of the Police Department and
particularly to be guilty of any one of the following, which hereby
are determined to be a violation of the rules of the Police Department
of the Borough of Woodstown:
A. Intoxication while on duty.
B. Willful disobedience of orders.
C. Indecent, profane or harsh language.
D. Disrespect to a superior officer.
E. Unnecessary violence to any prisoner.
F. Leaving post without just cause.
G. Neglect in paying just debts.
I. Incompetency and incapacity.
J. Entering premises licensed to sell an alcoholic beverage while in
uniform, except in the discharge of duty. This prohibition shall not
preclude an officer from entering a restaurant which is licensed to
sell alcoholic beverages, so long as the officer does not consume
alcoholic beverages while on duty.
M. Conviction of any indictable offense or disorderly persons offense
involving a controlled dangerous substance.
N. Making known the proposed action or movements of the Police Department,
or the provisions of any orders, to persons outside the Police Department.
O. Conduct not becoming an officer.
P. Publicly commenting on the official action of a superior officer.
Q. Conduct subversive to the good order and discipline of the force.
R. Not properly patrolling post.
S. Participating in political activity while on duty or in uniform.
T. Violating rules and regulations governing the Police Department.
These enumerations shall not be deemed to preclude other rules
of the department which may be promulgated by resolution of the Mayor
and Council.
The Borough Council may, after hearing any charge against any
member of the Police Department as provided by law, impose such penalty
in lieu of dismissal from the Department as it may seem justified
by the character of the offense, which penalty may include reprimand,
suspension or deduction of pay. A majority vote of the Borough Council
shall be required for conviction upon any charge. The Public Safety
Committee of the Borough Council, in addition to the Borough Council,
shall have the power and authority to suspend any member of the Police
Department upon written charges as required by law pending trial upon
such charges, and in such event trial upon said charges shall be commenced
within 30 days after service of a copy of the charges upon the person
charged. Otherwise, the charges shall be dismissed and the member
of the Police Department returned to duty.
All members of the Police Department shall be subject to the
rules and regulations presently in existence and also to additional
rules and regulations that may be adopted by resolution of the Borough
Council from time to time; and such rules and regulations may provide
for such penalties and forfeitures as the Borough Council may deem
necessary and expedient.
[Amended 9-12-95 by Ord. No. 495]
A. At the first regular council meeting in each month, the Chief of
Police or in his absence, the Public Safety Director, shall submit
a report to the Borough Council, setting forth the number of arrests,
investigations, hearings and other pertinent matters that have occurred
during the preceding month, including requests for police reports
and background checks.
[Amended 11-23-10 by Ord. No. 2010-24]
B. The Chief or in his absence, the Public Safety Director, shall establish
procedures to be followed, and application forms to be completed by
any person or entity requesting a copy of any police report or criminal
history. The fee for providing such reports or criminal histories
shall be authorized by statute for each person for whom a report or
criminal history is requested. In the absence of a statutory amount,
the fee shall be $10. This fee may be waived by the Chief or Public
Safety Director when a request for any such information is received
from any public entity or law enforcement agency. All checks shall
be made payable to the Borough of Woodstown.
[Amended 11-23-10 by Ord. No. 2010-24]
C. If a fee for providing a police report or criminal history is established
by statute which contradicts or preempts this section, the fee established
by statute shall be controlling.
[Amended 9-12-95 by Ord. No. 495]
At such time as an officer is hired, the Borough Council shall
provide all necessary uniforms and equipment required for a full time
regular police officer. Replacement equipment and uniforms shall be
provided in accordance with the Collective Bargaining Agreement.
[Amended 11-23-10 by Ord. No. 2010-24]
It shall be the duty of each member of the Police Department
to notify the Chief or in his absence, the Public Safety Director
of the presence of any contagious or infectious diseases or the existence
of any business or occupation in the Borough detrimental to the public
health; and the Chief of Police or in his absence, the Public Safety
Director shall report the same to the local Board of Health and to
the Borough Council.
[Amended 9-12-95 by Ord. No. 495; 11-23-10 by Ord. No. 2010-24]
All members of the Police Department shall be subject to call-in
by the Chief of Police or in his absence, the Public Safety Director
at any time of the day or night in accordance with the terms of the
collective bargaining agreement.
[Adopted 5-10-65 as Ord. No. 211]
[Amended 9-12-95 by Ord. No. 495]
No person shall hereafter be given or accept a permanent appointment
as a regular police officer in the Borough of Woodstown unless such
person has successfully completed a police training course as provided
in N.J.S.A. 52:17B-66, et seq.
This Article shall not prohibit the giving or accepting of a
probationary or temporary appointment as a police officer in order
to complete a police training course as prescribed by the Police Training
Commission.
[Added 11-23-10 by Ord. No. 2010-24]
A. The Mayor and Council may appoint an individual to serve as Public
Safety Director for an initial term not to exceed three years on such
terms and conditions as may be established by the Mayor and Borough
Council. The Public Safety Director's salary shall be fixed from time
to time by a general salary ordinance.
B. The Public Safety Director shall be responsible for the organizational
and administrative control of the Police Department, governed by N.J.S.A.
40A:14-118. Prior to his/her appointment, the Public Safety Director
shall be qualified by training and experience for the duties of the
office, which shall be a civilian position. The Public Safety Director
shall not assume any law enforcement duties such as patrol, arrest
and criminal investigation, but shall be responsible for day-to-day
supervision, discipline and control of the Police Department.
C. The Public Safety Director is responsible for providing the Mayor
and Borough Council with monthly status reports or more frequent reports
as the Mayor and Council may request.
D. The Public Safety Director shall promulgate, enforce and from time-to-time
revise the department rules and regulations. The Public Safety Director
shall make recommendations for hiring and promotion of the Police
Officers and Department employees and shall be responsible for their
scheduling and discipline.
E. The Public Safety Director shall gather information and make recommendations
and reports to the Borough Council with regard to the annual budget
for the Police Department and Public Safety Director's office to assist
Borough Council in the annual budget process. This person shall also
be responsible for administrative control and care of Borough equipment.