[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.
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.