Article IX Department of Public Safety

Is currently the Chief of Police for the Township of West Milford, or, in the alternative, all of the following:

Is a high school graduate and holds United States citizenship;

Possesses a minimum of a two-year degree with four-year degree preferred in criminal justice, fire science or related field;

All standard employee qualifications of the Township of West Milford and appropriate background check performed and cleared;

Possesses a minimum of 10 years' experience in professional law enforcement with at least five of those years at supervisory level;

Experience in the fire department or emergency management field preferred.

EMT and CPR certification is preferred;

(g)

Has a satisfactory knowledge of the principles, practices and methods of New Jersey criminal, police, fire, emergency medical and emergency management laws, rules, regulations and services;

(h)

Possesses knowledge and basic skills in the operation of various fire and emergency medical apparatus;

(i)

Possesses the knowledge and ability to prepare memoranda and written reports that may be used in a court of law;

(j)

Possesses the knowledge and ability to prepare and administer an annual budget for the Department of Public Safety; and

(k)

Possesses the ability to enact and enforce Departmental policies, rules, regulations, procedures and employee-related functions.

§ 15-47 Division of Fire Suppression.

Fire Commissioner. There shall be a Division of Fire Suppression, the head of which shall be the Fire Commissioner, who shall be appointed by the Mayor, on recommendation of the Fire Chief's Association, to serve for a term of two years, effective January 1 of odd-numbered years and who shall report to the Director of Public Safety.

Deputy Fire Commissioner. A Deputy Fire Commissioner shall also be appointed by the Mayor, on recommendation of the Fire Chief's Association. The Deputy Fire Commissioner shall assist the Fire Commissioner in all his duties and shall serve in the absence of the Fire Commissioner. He shall be appointed for a term of two years, effective January 1 of even-numbered years.

Qualifications. The Fire Commissioner or Deputy Fire Commissioner shall:

Be an ex-chief of one of the six member companies, and not currently serving as the chief officer.

Be active in the affairs of the Fire Chief's Association and an attendee of at least 60% of their meetings during the year preceding appointment.

Have been recommended by the Fire Chief's Association with the support of at least four of the six member companies. In the event that no person has the support of four of the six member companies, this qualification shall not apply, and the Mayor shall make the appointment without benefit of the recommendation of the Fire Chief's Association, solely upon the submission of personal resumes, by the Fire Chief's Association, of all persons seeking the position.

Vacancies in an office shall be filled for the remainder of the current term by the Mayor with the recommendation of the Chiefs in accordance with the Bylaws of the Fire Chief's Association.

Duties of Fire Commissioner. The Fire Commissioner shall:

Be a liaison officer between the Fire Chief's Association, Mayor and Director of Public Safety.

Give advice to and coordinate activities with each of the Township fire companies. He shall exercise control at a company fire or other emergency only if requested to do so by the company officer in charge of the emergency. He may act on behalf of a company in the event that at a fire or other emergency no officer or other member of the company capable of exercising control is present.

In an emergency, be responsible for coordinating personnel and equipment to provide adequate fire protection in each district.

Serve as the fire coordinator under emergency management. The Deputy Fire Commissioner shall assist the Fire Commissioner in the discharge of all his duties. In the absence of the Fire Commissioner, the Deputy Fire Commissioner shall act in his place with all the powers and duties of the Fire Commissioner.

Report to the Mayor and Council on the conditions and location of all Township-owned property which is assigned to the fire companies.

Maintain a record of all fire company owned property for which the Township has assumed the responsibility of maintenance.

Research those fires and other related problems not ordinarily within the scope of the local company.

Removal of Fire Commissioner.

The Fire Chief's Association may rescind its approval of the Fire Commissioner, or Deputy Fire Commissioner, by a vote of four of the six member companies, for just cause, and make such recommendation to the Mayor.

If the appointment of the Fire Commissioner or Deputy Fire Commissioner was made without benefit of a recommendation of the Fire Chief's Association pursuant to Subsection C(3), the Association, by a vote of four of the six member companies, for just cause, may recommend removal of such Commissioner to the Mayor.

The Mayor shall not be obligated to act on a recommendation pursuant to Subsection E(2) of this section unless he has reason to believe that another person has the support of at least four member companies.

Fire Chief's Association. The Fire Chief's Association shall be recognized in the Township as the fire board of directors to coordinate the six volunteer fire companies in the Township. The bylaws of the Fire Chief's Association shall be on file in the Township Clerk's office.

Volunteer fire companies.

Districts. The operation of the Division of Fire Suppression shall be as set forth below, and in accordance with a map attached hereto and on file in the Township Clerk's office.

District No. 1. As set out on the map, District No. 1 is hereby entrusted to Apshawa Volunteer Fire Company, Inc., which shall have jurisdiction within the territorial limits delineated on the map for District No. 1.

District No. 2. As set out on the map, District No. 2 is hereby entrusted to Community Fire Company No. 2 of Newfoundland and Oak Ridge, New Jersey, Inc., which shall have jurisdiction within the territorial limits delineated on such map for District No. 2.

District No. 3. As set out on the map, District No. 3 is hereby entrusted to Greenwood Forest Volunteer Fire Company, Inc., which shall have jurisdiction within the territorial limits delineated on such map for District No. 3.

District No. 4. As set out on the map, District No. 4 is hereby entrusted to Macopin Volunteer Fire Company, Inc., which shall have jurisdiction within the territorial limits delineated on the map for District No. 4.

District No. 5. As set out on the map, District No. 5 is hereby entrusted to Upper Greenwood Lake Volunteer Fire Company, Inc., which shall have jurisdiction within the territorial limits delineated on the map for District No. 5.

District No. 6. As set out on the map, District No. 6 is hereby entrusted to West Milford Volunteer Fire Company, Inc., which shall have jurisdiction within the territorial limits delineated on such map for District No. 6.

Membership; organization. The members and officers in the fire companies shall be respectively members and officers of the Division of Fire Suppression of the Township of West Milford. In order to remain active members in good standing, members and officers shall faithfully perform the duties as firemen, obey the bylaws of their respective companies, and satisfy the attendance requirements of the company to which they belong. The officers of each volunteer fire company shall be elected by the company, and their names shall be submitted to the Mayor for confirmation of appointment. These elections and appointments shall take place annually. Upon completion of seven years of service under municipal control, with attendance at 60% of all fires and drills in the company in which the member belongs, the member shall be issued a Township exempt certificate.

New member qualifications. New members in the Division of Fire Suppression shall make formal application to the company in whose area or district they live or work. An applicant must meet the following qualifications:

Be at least 18 years of age.

Be a citizen of the United States.

Shall pass a physical examination.

Must meet Fire Fighter I requirements as set forth in Subsection G(4).

Fire Fighter I requirements.

Newly appointed fire fighters must meet the Fire Fighter I training and certification requirements as set forth in N.J.A.C. 5:73-4.2, 5:73-4.3 and 5:73-4.4. Any applicant who does not meet this requirement may only be appointed as a probationary fire fighter until the completion of a Fire Fighter I course approved by the Bureau of Fire Safety. The probationary period must not exceed two years.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Exemptions. An individual applying to the Division of Fire Suppression who has prior fire-fighting experience in another jurisdiction may be exempted from the above requirement if:

The applicant provides certificates and course objectives from previous training.

The courses meet the content requirement of the New Jersey Fire Fighter I program.

The fire company to which the individual is applying approves the training course as meeting Fire Fighting I requirements.

[4]

The Fire Commissioner approves the training courses meeting Fire Fighter I requirements.

Junior fire fighters must complete Fire Fighter I prior to being appointed to active fire fighter status.

Only active fire fighters as defined in this chapter may be appointed as an officer within the West Milford Division of Fire Suppression.

Responsibilities.

It shall be the responsibility of the Fire Company Chief to assure that all fire fighters in their respective fire company comply with this chapter.

It shall be the responsibility of the Fire Company Chief to assure that paper and course certificates of probationary fire fighters are forwarded to the Fire Commissioner.

Upon receiving the appropriate paperwork from the Company Chief, the Fire Commissioner will assure that the probationary fire fighter is appointed as an active fire fighter.

[4]

Any applicant who does not attend or successfully complete Fire Fighter I may be assigned by the Chief of the prospective company to nonfirematic duties such as fire police or the photo unit.

Widows' pension.

Any widow or minor child or children of a volunteer fireman who dies as a result of injuries sustained in the course of performance of duty as a member of the West Milford Township Division of Fire Suppression shall receive a pension in accordance with the provisions of N.J.S.A. 43:12-28.1 et seq.

The pension shall be in the amount of $5,000 annually to be paid to the widow of the deceased fireman during her widowhood, or to the legal guardian or trustee, if one is appointed, of the minor child or children if he leaves no widow surviving, or to the guardian of the minor child or children after the death of the widow during the child's or children's minority.

The minor child or children of the deceased fireman shall be determined to be minors if under the age of 18, unless legally emancipated prior thereto.

The $5,000 annual pension shall be included in the annual budget and tax levy of the Township and shall be raised by taxation and shall be paid in the same manner as municipal employees are paid.

The recipient of the above pension shall submit or have submitted a certified statement to establish her, his or their eligibility for such pension. This written certification should be submitted to the Township Administrator at the municipal building. Failure to establish or renew eligibility shall be sufficient reason for the Township to refuse or discontinue payments pursuant to this subsection.

Junior firemen's auxiliary.

Within the Division of Fire Suppression there shall be a junior firemen's auxiliary. The purpose of the auxiliary shall be to provide training for eventual membership in the Township's volunteer fire companies. Each fire company may have a maximum of eight auxiliary members to be appointed by the Mayor upon recommendation of the Fire Commissioner. Any applicant denied membership shall have the right to appeal pursuant to Subsection J. Each auxiliary member shall:

Be between the ages of 16 and 18 years.

Present permission of the applicant's parents or guardian. Such permission shall be in writing and acknowledged or proved in the manner required by law.

Pass a physical examination establishing the physical capability to perform the duties of an auxiliary member.

General rules. An auxiliary member shall be required to observe the rules and regulations of the Township volunteer company to which he is assigned and shall be expected to demonstrate an active interest in the fire company and its functions. Such member shall be required to observe the discipline and direction of the officers and members of the fire company.

Training rules. An auxiliary member shall be required to learn the basics of fire operations, including, but not limited to, the following:

Fire pump operations.

Ladder operations.

Rescue procedures.

Use of breathing apparatus.

Fire suppression.

Fire ground tactics.

(g)

Use of fire-fighting equipment.

Safety rules. Auxiliary members shall not be allowed to perform duties which would expose the fire auxiliary members to the same degree of hazard as a regular member of a volunteer fire company. Prohibited activities include, but shall not be limited to, the following activities:

Participating in the fighting of fires or remaining in the vicinity of a fire so as to risk injury or interfere with fire-fighting activities.

Riding on the outside of any fire truck or fire equipment.

Performing any functions or work details which would place any auxiliary member or volunteer fireman in any hazardous situation or condition.

Appeal of aggrieved firemen.

Each volunteer fire company shall have the right to discipline its members pursuant to the rules and regulations that have been adopted by that company, and approve membership pursuant to Subsection G(2). Any member aggrieved by any disciplinary action or denial of membership by a volunteer fire company shall be entitled to an appeal from that decision, which must be filed within 30 days of the action taken by the fire company to the Fire Chief's Association. On appeal, the aggrieved party shall be entitled to a full due process hearing, with said hearing being stenographically transcribed. Within 45 days of said hearing, the Fire Chief's Association shall make a written recommendation with regard to said appeal to the Mayor. The Mayor shall, based upon the record of the hearing and the recommendation of the Fire Chief's Association, make a determination on the appeal.

The term "member," when used herein, shall also mean junior firemen's auxiliary member.

First aid and rescue squads.

Establishment. There shall be two first aid and rescue squads recognized and eligible for assistance from the Township as follows:

[Amended 10-13-2004 by Ord. No. 2004-09]

The West Milford First Aid Squad, Inc.

The Upper Greenwood Lake Volunteer Ambulance Corps, Inc.

Accountability. Each first aid and rescue squad shall be responsible for and accountable to the Township for the custody, care, maintenance and repair of all Township-owned property in their possession, control and use. The president of each first aid and rescue squad shall be the person designated for all communication and contact with the Township Administrator with respect to such matters.

Widows' pension.

Any widow or minor child of such first aid or rescue squad worker who dies as a result of injuries sustained in the course of performance of duty as a member of such first aid and rescue squad shall receive a pension in accordance with the provisions of N.J.S.A. 43:12-28.1 et seq.

A pension in the amount of $5,000 shall be paid annually to the widow of the deceased first aid or rescue squad member, during her widowhood, or to the legal guardian or trustee, if one is appointed, of the minor child or children, if he leaves no widow surviving, or to the guardian of the minor child or children after the death of the widow during the child's or children's minority.

[Amended 12-5-2007 by Ord. No. 2007-030]

The minor child or children of the deceased first aid and rescue squad member shall be determined to be minors if under the age of 18, unless legally emancipated prior thereto.

The $5,000 annual pension shall be included in the annual budget and tax levy of the Township and shall be raised by taxation and shall be paid in the same manner as municipal employees are paid.

[Amended 12-5-2007 by Ord. No. 2007-030]

The recipient of the above pension shall submit or have submitted a certified statement to establish her, his or their eligibility for such pension. This written certification shall be submitted to the Township Administrator at the municipal building. Failure to establish or renew eligibility shall be sufficient reason for the Township to refuse or discontinue payments, pursuant to this subsection.

Auxiliary members. Within the Division of Fire Suppression there shall be auxiliary members, who shall be subject to the following provisions:

[Added 7-9-2008 by Ord. No. 2008-017]

The purpose of establishing the position of auxiliary members within the Division of Fire Suppression shall be to supplement and administratively assist the West Milford Township Volunteer Fire Companies in the performance of their duties.

Each auxiliary officer shall be at least 18 years old and assigned to one of the six fire companies in the Township.

Each fire company within the Township may have auxiliary members to be appointed by the Mayor upon recommendation of the Fire Commissioner. Any applicant denied membership shall have the right to appeal pursuant to Subsection J.

Auxiliary members shall receive no clothing allowance or LOSAP and shall have no voting powers. Auxiliary members shall not be allowed to hold any offices within the Division of Fire Suppression, except that members shall be permitted to hold a civil position if no other individual shows interest or is qualified to hold such office within such individual fire company.

The status, administrative assignment and supervision of auxiliary members shall be under the control of the applicable fire company Chief.

Auxiliary members will have no seniority and will have no line number in the Fire Suppression Division.

Auxiliary members shall provide their respective volunteer fire company, to which they are assigned or appointed, assistance in the administrative functions and operations of the fire company.

(8)

Any auxiliary member who wishes to move to active membership in the volunteer fire company must complete all requirements established by the applicable fire company bylaws and Township Code provisions.

§ 15-48 Division of Fire Prevention.

[Added 12-5-2007 by Ord. No. 2007-030; amended 3-26-2008 by Ord. No. 2008-012]

Within the Department of Public Safety there shall be a Division of Fire Prevention. The Division of Fire Prevention is comprised of the Fire Marshal and any fire inspectors.

The duties of the Division of Fire Prevention shall be to enforce the Fire Prevention Code[1] of the Township and to work in conjunction with the Fire Chief's Association and the Department of Public Safety towards better fire prevention and safety from fire and/or explosion. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Passaic County Construction Board of Appeals. The applications for the hearing shall be filed with the Construction Board of Appeals by the 15th day after the receipt by the person of notice of the ruling, action, order or notice complained of.

Editor's Note: See Ch. 152, Fire Prevention.

Appointments; term of office; removal.

Appointment of Fire Marshal. The Mayor shall appoint, with advice and consent of Council, the Fire Marshal. The Fire Marshal shall report to the Township Administrator in the course of day-to-day responsibilities.

Inspectors and employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Mayor pursuant to Title 11, Civil Service, of the Revised Statutes.[2]

Editor's Note: See now Title 11A, Civil Service.

Removal from office. The Fire Marshal, inspectors and other employees of the enforcing agency shall be subject to removal by the Township Administrator for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or designated hearing officer, pursuant to Title 11, Civil Service, of the Revised Statutes.

Fire Marshal.

The Fire Marshal shall be the supervisor of the Division of Fire Prevention and shall supervise the enforcement of the Uniform Fire Safety Act[3] and the New Jersey Uniform Fire Code.

Editor's Note: See N.J.S.A. 52:27D-192 et seq.

The Fire Official may be the Subcode Official.

§ 15-49 Division of Police.

[Amended 12-5-2007 by Ord. No. 2007-030; 12-5-2007 by Ord. No. 2007-03; 2-22-2012 by Ord. No. 2012-001; 3-21-2012 by Ord. No. 2012-003; 03-21-2012 by Ord. No. 2012-003; 10-19-2022 by Ord. No. 2022-046; 7-17-2024 by Ord. No. 2024-031]

Powers and duties of Chief of Police. The Chief of Police shall:

Be the executive head of the Division of Police (hereinafter referred to as the "West Milford Police Department" or the "Department"), subject to the direction and supervision of the Director of Public Safety, and shall be responsible for the proper and efficient operation of the Division and the supervision of its activities.

Formulate and administer such rules and regulations for the Division of Police subject to the approval of the Mayor. The Mayor is hereby designated as the appropriate authority in accordance with N.J.S.A. 40A:14-118.

Be responsible for the observation and enforcement of all laws of the state and ordinances within the jurisdiction of the Police Department, the enforcement of the rules and regulations of the Police Department, and shall perform such other duties as shall be prescribed by ordinance of the Township Council.

See that all persons connected with the Department are properly instructed in their duties and shall give particular attention to the training and instruction of new members thereof.

Have under his control all records and property of the Police Department and designate any member of the Police Department to prepare these reports and keep the records in such manner as he may prescribe, as well as take charge of such property and any other property coming into the custody of the Police Department.

Furnish to the Mayor and Council complete monthly and yearly reports of police matters.

Perform such other duties as set forth in ordinances relating to the Police Department, as hereinafter referred to, and not inconsistent with the provisions of this chapter.

Qualifications of police members. Each applicant for a position as an officer or member of the Department of Police of the Township shall:

Be a citizen of the United States, a resident of the State of New Jersey, and live within such proximity of the Township as to fulfill the requirement of being reasonably available for duty at all times.

Be more than 18 and less than 35 years of age.

Be sound in body and of good health sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey and of the New Jersey State Civil Service Commission, that such person is not only eligible to membership in the retirement system, but also able to meet the civil service requirements.

Be able to read, write and speak the English language well and intelligently.

Be of good moral character and must not have been convicted of any crime involving moral turpitude.

In accordance with N.J.S.A. 52:17B-66 et al., serve a probationary period pending his successful completion of a basic course for police officers approved by the New Jersey Police Training Commission.

Fulfill such other qualifications as set forth in existing ordinances relating to the West Milford Township Department of Police as hereinafter referred to, and not inconsistent with the provisions of this chapter. All applicants for the position of patrolman shall make written application therefor to the Chief of Police and at the same time submit such proof as shall be required with respect to the qualifications for such position, both as listed above and in local ordinances.

Powers and duties of members.

The rights, privileges, powers and duties of the members of the Department of Police, including regular police officers, dispatchers, special police officers, domestic violence response team members and such nonuniformed personnel as may be appointed to this Department, shall be those prescribed by the laws of the State of New Jersey, governing municipal police departments generally, by the charter and ordinances and resolutions of the Township of West Milford, and such rules and regulations which may, from time to time, be established by the Mayor, Chief of Police or the Council. Rules, regulations and policies as set forth in ordinances relating to the Police Department, as hereinafter referred to, and not inconsistent with the provisions of this Code, are continued, but such rules, regulations and policies may be amended or revised by the Mayor, Chief of Police or Council.

The Department through its Chief shall:

Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic, and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the ordinances of the Township for such purposes.

Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.

Respond to all fire alarms and assist the fire companies in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of the fire prevention code. The chief of the volunteer fire company at a fire may request the Mayor or the officer in charge at the time of any emergency to provide police assistance in emergencies.

Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

Operate a training program to maintain and improve the police efficiency of the members of the Department.

(g)

Perform such other duties as are recited in ordinances relating to the Police Department, as hereinafter referred to, and not inconsistent with the provisions of this chapter.

Discipline. Under the supervision of the Township Administrator, the Chief of Police shall promulgate, and from time to time, revise and enforce a manual of police discipline, practices and procedures for the better administration of the work of the Department, and for the discipline and efficiency of the Department. Rules, regulations and provisions as outlined in the ordinances relating to the West Milford Township Police Department, as hereinafter referred to, and not inconsistent with the provisions of this chapter, are continued in full force and effect.

Suspension. The Chief of Police shall have the power to relieve from duty any member of the Department for the violation of any provision of this section or any rule governing the Department until such time as complaint and charge against such member shall have been disposed of by formal hearing in accordance with N.J.S.A. 40A:14-147, this provision to be subject to the rules and regulations of the Civil Service Commission. The Township Administrator or his/her designee shall be the hearing officer in such hearings.

Division of Communications. Within the Department there shall be a Division of Communications. The Chief of Police shall assign one or more superior officers to this Division, who, under his direction and that of the Mayor, shall be responsible for the police desk alarm system, police radio, fire alarm system, and any and all other systems of communication between the Department and other police departments, fire departments, state, county and other local public safety units.

Division of Special Policemen, Special Policewomen and Special Police Matrons.

Appointment. Special police officers shall be appointed by the Council, pursuant to this chapter, for a term of one year.

Qualifications.

No person shall be appointed a special police officer unless they meet the following qualifications:

Is a resident of New Jersey during the term of appointment and a resident of the Township of West Milford at the time of appointment.

Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.

Is sound in body and of good health.

[4]

Is of good moral character.

[5]

Has not been convicted of any offense involving dishonesty which would make them unfit to perform the duties of their office.

[6]

Has successfully undergone the same psychological testing that is required of all full-time police officers in the Township.

No person shall be appointed to serve as a special police officer in the Township of West Milford and any other municipality at the same time, nor shall any permanent, regularly appointed full-time police officer of any municipality be appointed as a special police officer. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the local unit or supervision of the Police Department of a local unit shall be appointed as a special police officer.

Every applicant for the position of special officer appointed pursuant to this chapter shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

No person shall commence serving as a special police officer unless he has been certified by the Police Training Commission as provided for in N.J.S.A. 40A:14-146.11.

Before any special police officer is appointed, the Chief of Police or, in the absence of the Chief, other chief law enforcement officers of the local unit shall ascertain the eligibility and qualifications of the applicant and report these determinations in writing to the Council.

Classification; powers. Persons appointed as special police officers shall, upon appointment, be designated as either a Class One or Class Two special police officer. The classifications shall be based upon the following standards, and the appointees shall have the following powers:

Class One. Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his stead. Said Class One officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of firearms by said Class One officers is strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.

Class Two. Officers of this class are herewith authorized to exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer. They shall be assigned such powers and duties by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his stead. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established within the Department of Law and Public Safety of the State of New Jersey.

Carrying of firearms. The carrying of firearms by special police shall be strictly governed by N.J.S.A. 40A:14-146.14b.

Work hours. No special police officer may work more than 20 hours per week, except as provided as follows:

Without limitation as to hours during period of emergency.

A special police officer may be assigned for not more than 20 hours per week to provide public safety and law enforcement services to a public entity, in addition to not more than 20 hours per week performing the duties pursuant to this section.

For hours to be determined by the Chief of Police while assigned to public safety duties for a private entity, pursuant to N.J.S.A. 40A:14-146.14b.

Number of officers. The number of special police employed by the Township of West Milford shall not exceed:

Class One. Not more than the number of regular police officers employed by the Township.

Class Two. Not more than 25% of the number of regular police officers employed by the Township.

Compliance with rules governing Police Department. All duly appointed special police officers shall be subject to the rules and regulations governing the Police Department.

(8)

Removal. The appointment of special police officers may be revoked for cause after an adequate hearing. Nothing herein shall be construed to require reappointment after the expiration of the term.

Division of Detective Bureau. Within the Department of Police there shall be a Division called the "Detective Bureau," which shall be under the supervision of the Chief of Police. This Bureau shall consist of such members of the Department as may from time to time be assigned thereto by the Chief of Police. The duties and responsibilities of the Detective Bureau shall be those assigned by the Chief.

Police ordinance. It is the intent that an ordinance entitled "An Ordinance to Establish and to Provide Rules and Regulations for the Government, Maintenance and Control of a Police Department in the Township of West Milford, in the County of Passaic, New Jersey," adopted December 15, 1964, shall remain in full force and effect, excepting, however, where any one or more provisions thereof might conflict with provisions of this chapter, in which case the provisions of this chapter shall prevail. Further, that where reference is made to "Township Committee," same shall mean "Township Council"; and except further that the position of Director of Public Safety mentioned therein shall be deemed to have been abolished, any duties of such office to be assigned to the Mayor. General law, the charter and local ordinance, not repealed or amended, shall govern the Department.

Composition of Police Department.

One Chief.

One Captain.

Three Lieutenants.

Six Sergeants.

Patrol officers as assigned by the Chief.

Detectives as assigned by the Chief.

Domestic Violence Team members (volunteers) as assigned by the Chief.

Position of Police Chaplain established. Pursuant to N.J.S.A. 40A:14-141, the position of Police Chaplain within the Township of West Milford is hereby created and established, in additional to the composition of the Police Department as otherwise reflected within this section. The position of Police Chaplain shall be a volunteer position under the supervision and authority of the Chief of Police of the Township of West Milford Police Department. The position of Police Chaplain and any supporting positions shall be subject to the specific terms and conditions set forth within the West Milford Township Police Department Policy and Procedure Manual.

Appointment. Police Chaplain applicants shall be recommended by the Chief of Police, and appointed by the Mayor with the advice and consent of the Township Council.

Qualifications.

All applications for the position of Police Chaplain shall be reviewed by the Chief of Police to determine if the applicant's qualifications are in accordance with this subsection, and upon determining so, shall make recommendations to the Mayor and Township Council.

Any person appointed as Police Chaplain shall be duly ordained clergy, in good standing in the religious body from which he/she is selected. The appointee shall be a certified Police Chaplain credentialed in accordance with the rules, regulations, policies and procedures of the Township of West Milford and shall be qualified in accordance with N.J.S.A. 40A:14-141.

Number of Police Chaplains; term of office. There may be up to four Police Chaplains appointed at any given time, and in accordance with the established procedures, eligibility and training standards as set forth within the West Milford Township Police Department Policy and Procedure Manual. The Chief of Police shall also appoint a Police Chaplain liaison. A person appointed as Police Chaplain shall serve in that capacity from the date of appointment and shall serve in that capacity until he/she is either terminated or resigns from that position.

Duties. The duties of Police Chaplain are to assist the Township of West Milford Police Department with any functions that may be assigned by the Chief of Police that relate to the Police Chaplain program, including, but not be limited to, partaking in community policing initiatives, assisting crime victims/witnesses, assisting police officers with death notifications, and conducting juvenile stationhouse adjustments.

§ 15-50 Office of Emergency Management.

Rank and salary. Any person appointed as Police Chaplain shall serve in that capacity without rank or salary. The position shall be voluntary under the direction and supervision of the Chief of Police.

[Amended 3-26-2008 by Ord. No. 2008-012]

Emergency Management Council. An Emergency Management Council, with powers and duties prescribed by general law, is hereby created in the Township and, within the limits of appropriation, shall establish an adequate organization to assist in supervising and coordinating the civilian defense and disaster control activities of the Township. The Council shall consist of no more than 15 persons, who shall be appointed by and who shall serve at the pleasure of the Council. They shall receive no compensation.

Emergency Management Coordinator.

Appointment; term; compensation. A Municipal Emergency Management Coordinator shall be appointed by the Mayor with the advice and consent of the Council and serve as a member of the Emergency Management Council and as its Chairman. The Emergency Management Coordinator shall serve for a term of three years. The Emergency Management Coordinator shall receive such compensation as provided by ordinance.

Qualifications. The Emergency Management Coordinator shall be a resident of West Milford and shall have a minimum of two years' experience in the planning, development and administration of emergency response activities such as those provided by police, fire, rescue, medical or emergency management units either in the public or private sector or in the military service.