[Amended 9-5-2006 by Ord. No. 24-2006; 12-20-2011 by Ord. No. 24-2011; 5-19-2015 by Ord. No. 12-2015; 10-20-2015 by Ord. No. 27-2015; 2-21-2017 by Ord. No. 6-2017; 3-20-2018 by Ord. No. 15-2018; 6-19-2018 by Ord. No. 39-2018; 5-21-2019 by Ord. No. 25-2019]
There is hereby created and established a police department for the City of Millville known as the Millville Police Department. It shall consist of one Chief, one Captain, three Lieutenants, up to 15 Sergeants, and as many patrol officers and civilian personnel as the governing body of the municipality shall deem necessary for the effective government of the department. The number of Police Captains, Lieutenants, Sergeants and police officers appointed in accordance with this article shall further be determined by the Commissioner of Public Safety and provided the funds for the positions are certified by the Chief Financial Officer of the City of Millville, but in no event shall there be more positions than as established in accordance herewith. However, there shall be an additional Captain who shall be appointed on a temporary basis whenever there is a vacancy in the office of Chief which exists for a period of 30 days or more. Said appointment shall be temporary in nature, and any Captain so appointed shall serve in said capacity only until such time as a new Chief is appointed. The governing body shall periodically establish the number of patrolmen and civilian personnel by resolution. The governing body of the municipality is the appropriate authority to exercise legislative authority as set forth below:
A. 
Provide for the maintenance, regulation and control of the Police Department;
B. 
Provide for a line of authority relating to the police function;
C. 
Adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members; and
D. 
Determine the terms of office for its members, fix their compensation, and prescribe their powers, functions and duties, all as the governing body shall deem necessary for the effective government of the Department.
The Director of Public Safety is the appropriate authority to exercise administrative authority to establish policies providing guidelines to the Chief of Police for the operation of the Police Department. Furthermore, he is the appropriate authority to:
A. 
Appoint the Chief of Police, superior officers, officers and other civil service employees from a list of candidates supplied by the Civil Service Commission;
B. 
Control the preparation of the budget for the Police Department and be responsible for submitting it to the governing body for approval;
C. 
Establish policies to control the budget once adopted to ensure that moneys are spent in accordance with the adopted budget;
D. 
Prescribe the internal organization of the Police Department, subject to the rules and regulations, budget resolution, and Salary Ordinance adopted by the governing body;
E. 
Establish policies formulating fundamental principles to serve as guidelines to the Chief of Police in making his decisions with respect to discharging his responsibility for the efficiency and routine day-to-day operation of the Police Department;
F. 
Issue special emergency directives to provide for the health, safety or welfare of the municipality in an emergency situation; and
G. 
May preside as hearing officer or designate an independent hearing officer in police disciplinary matters that originate within the Police Department, including matters involving civilian employees under his jurisdiction.
[Amended 7-1-2014 by Ord. No. 27-2014]
The Chief of Police shall be the head of the Police Department, and he shall be directly responsible to the Director of Public Safety for the efficiency and routine day-to-day operation of the Police Department. Furthermore, pursuant to policies established by the Director of Public Safety, he shall:
A. 
Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel;
B. 
Have, exercise and discharge the functions, powers and duties of the Department;
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 Department to be exercised under his direction and supervision; and
E. 
Report at least monthly, in writing, to the Director of Public Safety on the operation of the Department during the preceding month and make such other reports as may be requested by the Director of Public Safety.
The rules and regulations adopted by the governing body shall be contained in a manual known as the "Police Manual."
A. 
Adoption. The City of Millville Police Manual of 1995 containing the revised rules and regulations is hereby adopted.
B. 
Amendments. The City of Millville Police Manual may be amended by resolution of the Board of Commissioners from time to time as hereinafter provided.
C. 
Amendatory procedure. Any Commissioner seeking to amend the Police Manual shall do so by circulating a draft copy of the proposed change to the City Clerk, City Solicitor and the other Commissioners at least five days in advance of the Commission meeting when the change resolution is to be considered.
D. 
Copies. A copy of the Police Manual shall be kept on file in the office of the City Clerk, and copies shall be made available to each member of the Police Department. Copies shall be made available to special law enforcement officers and civilian school crossing guards.
[1]
Editor's Note: Pursuant to Ordinance No. 44-1996, the rules and regulations, written policies and standard operating procedures which are applicable to the Millville Police Department are hereby amended to the extent that they are inconsistent with Art. V, Discipline, of Ch. 46, Personnel Policies of the Code of the City of Millville.
Members of the Police Department shall be subject to discipline including suspension or dismissal for violations of N.J.A.C. 4A:2-2.3(a), ordinances of the City including personnel policies established by the governing body, rules and regulations adopted by the governing body, policies established by the Director of Public Safety, special emergency directives and other directives issued by the Chief of Police, or lawful orders of the Chief of Police or superior officers.
[Amended 1-19-2016 by Ord. No. 1-2016]
A. 
Appointment. The Director of Public Safety may appoint special law enforcement officers and civilian school crossing guards for terms not to exceed one year. Nothing herein shall be construed to require reappointment upon the expiration of the term.
B. 
Tenure. No special law enforcement officer or civilian school crossing guard shall be deemed permanently employed within the meaning of Title 40A New Jersey Statutes Annotated. Pursuant to state law, neither special law enforcement officers nor civilian school crossing guards are members of the Police Department. However, they come within the jurisdiction of the Department of Public Safety and the Director of Public Safety.
C. 
Discipline. Special law enforcement officers and civilian school crossing guards shall be subject to discipline, including suspension or revocation of appointment for violations of N.J.A.C. 4A:2-2.3(a), the rules and regulations, special emergency directives, directives issued by the Chief of Police, or lawful orders of the Chief of Police or other chief law enforcement officer of the City in the absence of the Chief.
D. 
Removal without cause. The Director of Public Safety may revoke the appointment of a special law enforcement officer without cause or hearing if the appointment was made for four months or less.
E. 
Hearing officer. The Director of Public Safety shall preside as hearing officer in disciplinary matters involving special law enforcement officers. The Chief of Police shall preside as hearing officer in disciplinary matters involving civilian school crossing guards.
F. 
Supervision and direction. All special law enforcement officers and civilian school crossing guards shall be under the supervision and direction of the Chief of Police or other chief law enforcement officer of the City in the absence of the Chief.
G. 
Rules and regulations. All special law enforcement officers and civilian school crossing guards shall comply with the rules and regulations applicable to the conduct and decorum of regularly appointed police officers of the City, as well as any rules and regulations specifically applicable to them.
H. 
Law enforcement authority.
(1) 
Consistent with 40A:14-146.11, SLEO Class One officers shall be authorized to perform routine traffic details, spectator control and similar duties, and issue summonses for disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes.
(2) 
SLEO Class Two Officers, while on duty, shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.
(3) 
The Chief of Police shall decide and authorize which duties, assignments, and powers each individual SLEO may perform.