Borough of Shrewsbury, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 17.
Mutual aid — See Ch. 35.
Public access to records — See Ch. 42.
[Adopted 11-21-1967 by Ord. No. 251 (Ch. 3, Art. XV, of the 1973 Code); amended in its entirety 8-31-1992 by Ord. No. 650]

§ 39-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT
The Police Department of the Borough.
GOVERNING BODY
The Mayor and Council of the Borough.
POLICE COMMITTEE
A three-member committee of Borough Council members appointed from amongst its members.
[Amended 5-15-2006 by Ord. No. 871]

§ 39-2 Purpose.

[Amended 5-15-2006 by Ord. No. 871]
The purpose of this article is to prescribe rules and regulations respecting the organization of and operation of the Police Department of the Borough of Shrewsbury.

§ 39-3 Department established.

[Amended 6-4-2001 by Ord. No. 783; 5-15-2006 by Ord. No. 871; 9-8-2015 by Ord. No. 1020]
There is hereby created in and for the Borough of Shrewsbury a Police Department which shall consist of 16 sworn officers to include a Chief of Police and no more than one Captain, two Lieutenants, four Sergeants, one Detective Sergeant and nine officers to be appointed to these positions by a recommendation of the Police Committee to the Mayor and Council.

§ 39-4 Appropriate authority.

[Amended 5-15-2006 by Ord. No. 871]
The Police Committee, a three-member committee of Borough Council members appointed from amongst its members, shall be designated the appropriate authority as provided in New Jersey state statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 39-5 Powers and duties of Chief of Police.

[Amended 5-15-2006 by Ord. No. 871]
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for its efficiency and day to day operations. Pursuant to policies established by the appropriate authority, the Police Chief shall:
A. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its member officers;
B. 
Have, exercise, and discharge the functions, powers and duties of the Police Department;
C. 
Prescribe the duties and assignments of all members and officers;
D. 
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; and
E. 
Report at least monthly to the appropriate authority 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 appropriate authority.

§ 39-6 Powers and duties of Captain.

[Added 6-4-2001 by Ord. No. 783; amended 9-8-2015 by Ord. No. 1020]
A. 
It shall be the duty of the Captain to assist the Chief of Police in the performance of the Chief's duties, and they shall have such hours of active duty as may be prescribed by the Chief of Police.
B. 
In the absence of the Chief of Police, the Captain shall assume immediate command of the Police Department and shall serve in the capacity of Acting Chief of Police until the Chief shall return to duty or until otherwise directed by the Police Commissioner. During such service as Acting Chief of Police, the Captain shall have all the responsibilities, duties, powers and authority of the Chief of Police unless otherwise prohibited or in conflict with the statutes of the State of New Jersey.
C. 
They shall at all times keep themselves well informed on all matters within the Police Department or coming to the attention of the Police Department and shall bring all matters of importance to the direct attention of the Chief of Police.
D. 
It shall be the duty of the Captain to supervise the establishment and maintenance of all necessary records and filing systems to adequately provide for the proper needs of all branches and members of the Police Department.

§ 39-7 Powers and duties of Lieutenant.

[Added 6-4-2001 by Ord. No. 783; amended 9-8-2015 by Ord. No. 1020]
A. 
It shall be the duty of the Lieutenant to assist the Chief of Police and Captain in the performance of his duties, and he shall have such hours of active duty as may be prescribed by the Chief of Police.
B. 
In the absence of the Chief of Police and the Captain, the Lieutenant shall assume immediate command of the Police Department and shall serve in the capacity of Acting Chief of Police until the Chief shall return to duty or until otherwise directed by the Police Commissioner. During such service as Acting Chief of Police, the Lieutenant shall have all the responsibilities, duties, powers and authority of the Chief of Police unless otherwise prohibited or in conflict with the statutes of the State of New Jersey.
C. 
They shall at all times keep themselves well informed on all matters within the Police Department or coming to the attention of the Police Department and shall bring all matters of importance to the direct attention of the Chief of Police.
D. 
It shall be the duty of the Lieutenant and Captain to supervise the establishment and maintenance of all necessary records and filing systems to adequately provide for the proper needs of all branches and members of the Police Department.
E. 
The Lieutenant will perform any additional duties assigned by the Chief of Police.

§ 39-8 Powers and duties of Detective Sergeant.

[Added 6-4-2001 by Ord. No. 783]
A. 
It shall be the duty of the Detective Sergeant to assign and instruct subordinates in police criminal investigation methods and procedures, investigation practices and related law enforcement problems. Provides training as needed.
B. 
It shall be the duty of the Detective Sergeant to supervise criminal and noncriminal investigations; investigate improper police services or actions; when necessary, take proper police action against law violators; inspect subordinates, assignments and posts; and noting and correcting or reporting any conditions which require police attention.
C. 
He shall at all times keep himself well informed on all matters within the Police Department and shall bring all matters of importance through proper chain of command.
D. 
It shall be the duty of the Sergeant, Detective Sergeant, Lieutenant and Captain to supervise the establishment and maintenance of all necessary records and filing systems to adequately provide for the proper needs of all branches and members of the Police Department.
E. 
The Detective Sergeant will perform any additional duties assigned by the Chief of Police.

§ 39-9 Powers and duties of Sergeant.

[Added 6-4-2001 by Ord. No. 783; amended 9-8-2015 by Ord. No. 1020]
A. 
It shall be the duty of the Sergeant to assign and instruct subordinates in police patrol methods and procedures, investigation practices and related law enforcement problems. Provides training as needed.
B. 
It shall be the duty of the Sergeant to supervise criminal and noncriminal investigations; investigate improper police services or actions; when necessary, take proper police action against law violators; inspect subordinates and patrol units, assignments and posts; and noting and correcting or reporting any conditions which require police attention.
C. 
They shall at all times keep themselves well informed on all matters within the Police Department or coming to the attention of the Police Department and shall bring all matters of importance through proper chain of command.
D. 
It shall be the duty of the Sergeant, Lieutenant and Captain to supervise the establishment and maintenance of all necessary records and filing systems to adequately provide for the proper needs of all branches and members of the Police Department.
E. 
The Sergeant will perform any additional duties assigned by the Chief of Police.

§ 39-10 Powers and duties of police officer.

[Added 6-4-2001 by Ord. No. 783; amended 9-8-2015 by Ord. No. 1020]
A. 
It shall be the duty of the police officer to take appropriate action to protect life and property; preserve the peace; prevent crime; detect and arrest violators of the law; enforce all federal, state and local laws and ordinances coming within Departmental jurisdiction; safely and expeditiously regulate traffic; aid citizens in matters within police jurisdictions; take appropriate police action in aiding fellow officers as needed; and provide miscellaneous services.
B. 
It shall be the duty of the police officer to exercise authority consistent with the obligations imposed by the oath of office and in conformance with the policies of the Department; abide by all the rules, regulations and Departmental procedures and directives governing police officers; and be accountable and responsible to their supervisors for obeying all lawful orders.
C. 
It shall be the duty of the police officers to coordinate their efforts with other employees of the Department to achieve Department objectives; conduct themselves in accordance with high ethical standards, on and off duty; and strive to improve their skills and technique through study and training.
D. 
It shall be the duty of the police officers to familiarize themselves with the area of authority and responsibility for the current assignment; perform their duties promptly, faithfully and diligently; and perform all related work as required.
E. 
The police officer will perform any additional duties assigned by the Chief of Police.

§ 39-11 Police Physician.

Within the Department there shall be a Police Physician who shall have all of the powers, functions and duties of a borough police physician prescribed by law. The Police Physician shall be appointed each year by the Mayor with the consent of the Council and shall serve from January 1 of the year of his appointment for a term of one year or until such time as his successor shall be appointed.

§ 39-12 Powers and duties of Police Department.

[Amended 5-15-2006 by Ord. No. 871]
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and ordinances of the Borough of Shrewsbury; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.

§ 39-13 Qualifications.

[Amended 5-15-2006 by Ord. No. 871]
No person shall be appointed to the Police Department who is not qualified as provided in New Jersey state statutes. The appropriate authority may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.

§ 39-14 Special officers.

[Amended 5-15-2006 by Ord. No. 871]
The Mayor and Council of the Borough of Shrewsbury may appoint from time to time special law enforcement officers in accordance with New Jersey state statutes for terms not exceeding one year. 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 Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department including the carrying of firearms and the power of arrest.

§ 39-15 Suspension or removal.

[Amended 5-15-2006 by Ord. No. 871]
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey state statutes and the Police Department's rules and regulations.[1]
[1]
Editor's Note: Former §§ 3-86 and 3-87, regarding establishment and amendment of rules and regulations, which immediately followed this section, were deleted 5-15-2006 by Ord. No. 871.

§ 39-16 Previous orders.

All rules, regulations, procedures and orders previously issued, contrary to those embodied in the manual, are hereby revoked. All other rules, regulations, orders and procedures not in conflict with those contained in this manual shall remain in force.
[Adopted 3-12-1974 by Ord. No. 352 (Ch. 60 of the 1973 Code); amended in its entirety 10-17-1994 by Ord. No. 699]

§ 39-17 Fees for certain services established.

[Amended 3-4-2004 by Ord. No. 827; 11-15-2004 by Ord. No. 844; 9-8-2015 by Ord. No. 1020]
Fees comply with Open Public Records Act (OPRA)[1] requirements.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.

§ 39-18 Exemptions.

No fee shall be charged for any report for which a formal request is made by any local, county, state or federal law enforcement agency or by the federal postal authorities.

§ 39-19 Receipt; disposition of moneys.

The Police Department shall issue a receipt for all fees and moneys received for the services extended or materials furnished as hereinabove provided. All moneys received shall be forwarded to the Chief Financial Officer of the Borough of Shrewsbury.