[Amended 5-28-2002 by Ord. No. 02-10; 4-25-2005 by Ord. No.
05-09; 7-11-2005 by Ord. No. 05-25]
There is hereby created in and for the Borough
of Chatham a Police Department which shall consist of no more than
a Chief of Police, one Captain, two Lieutenants, six Sergeants, and
seventeen patrol officers, to be appointed to these positions by the
governing body of the Borough of Chatham. The decision whether or
not to fill the mentioned positions is within the complete and unfettered
discretion of the Borough Council.
The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Borough of Chatham;
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.
[Amended 4-25-2005 by Ord. No. 05-09; 6-11-2007 by Ord. No.
07-23]
In accordance with N.J.S.A. 40A:14-118, the
Borough Administrator is hereby designated as the appropriate authority
and is hereby vested with the powers and duties of an appropriate
authority as delegated by law and by this chapter.
[Amended 4-25-2005 by Ord. No. 05-09]
The Mayor shall appoint a Chief of Police with
the consent and approval of Borough Council. The Chief shall be directly
responsible to the Borough Administrator for the efficiency and routine
day-to-day operations of the Police Department. The Chief of Police
shall, pursuant to policies established by the Borough Council and
consistent with Borough ordinances:
A. Administer and enforce the rules and regulations of
the Police Department and any 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 Police 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 Police Department to be exercised
under his direction and supervision.
E. Report at least monthly to the Borough Administrator
in such form as shall be prescribed by the Borough Council on the
operation of the force during the preceding month, and make such other
reports as may be requested by the Borough Council.
[Amended 4-25-2005 by Ord. No. 05-09; 6-11-2007 by Ord. No.
07-23]
The appropriate authority shall, from time to
time as may be necessary, adopt and amend the rules and regulations
for the government and discipline of the Police Department and members
thereof. Said rules and regulations may fix and provide for the enforcement
of such rules and regulations and the enforcement of penalties for
the violation of such rules and regulations, and all members of the
Police Department shall be subject to such rules and regulations and
penalties.
[Amended 4-25-2005 by Ord. No. 05-09]
A. Discipline of police officers will be imposed consistent
with N.J.S.A. 40A:14-147. The written charges will be signed by the
Chief of Police or his/her designee. If the officer charged desires
a hearing, he/she shall make a written request for said hearing to
the Chief of Police. The Borough Administrator or his/her designee
shall be the hearing officer in any hearing requested by the charged
officer. The officer charged shall have the right to respond in writing
to the charges. The hearing officer shall be the Borough Administrator
or his/her designee. If the written information presented to the hearing
officer demonstrates that there are no material facts at issue, the
hearing officer may decide the matter on the basis of the written
record without a testimonial hearing. If there are material facts
in dispute, the hearing officer shall conduct a hearing, at which
the charged officer is entitled to legal representation, to cross-examine
any witnesses called to testify against him, and to present witnesses
on his/her own behalf.
B. At the conclusion of the hearing, the hearing officer
shall issue a written decision, which shall include findings of fact
and conclusions as to guilt and penalty with respect to the charges
proffered against the officer. If the hearing officer is someone other
than the Borough Administrator, the decision shall be forwarded to
the Administrator, who, as the appropriate authority, shall either
accept or reject the recommended decision.
C. The hearing procedures described in Subsection
B shall only apply to matters in the scope of N.J.S.A. 40A:14-147. Verbal and written reprimands are not within the scope of that statute; therefore, no hearings need be conducted with respect to verbal and written reprimands.
The Mayor with the consent and approval of Borough
Council may appoint special law enforcement officers pursuant to P.L.
1985 c. 439 (N.J.S.A. 40A:14-146.8 et seq.) and in accordance with
the following provisions:
A. Term. Special law enforcement officers shall be appointed
for terms of one year, said appointment not to be revoked except for
cause after adequate hearing.
B. Qualifications.
(1) No person shall be appointed as a special law enforcement
officer unless such person meets the qualification requirements of
N.J.S.A. 40A:14-146.10. The Chief of Police shall submit candidates
for appointment to the Borough Council. The eligibility and qualifications
of such persons shall be reported to the Borough Council by the Chief
of Police in accordance with N.J.S.A. 40A:14-146.10(e). Appointment
as a special law enforcement officer shall become effective upon passage
of a resolution to that effect by the Borough Council.
(2) No person shall commence serving as a special law
enforcement officer unless he has been certified by the Police Training
Commission as provided by N.J.S.A. 40A:14-146.11.
C. Classification. Persons appointed as special law enforcement
officers shall upon appointment be designated as either a Class One
or Class Two special law enforcement officer. The classifications
shall be based upon the following standards:
(1) Class One. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties
but shall not have the power to issue summonses for disorderly persons
or petty disorderly persons offenses, violations of municipal ordinances
or violations of Title 39 of the 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 may 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 fully certified as successfully completing training as prescribed
by the Police Training Commission.
(3) Class Three. 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 Borough of Chatham,
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. The use of a firearm by Class Three officers may be permitted
under the conditions set forth in N.J.S.A. 40A:14-146.8 et seq.
[Added 2-25-2019 by Ord. No. 19-03]
D. Number. No more than six persons shall
be designated as Class One special law enforcement officers. The number
of persons designated as Class Two special law enforcement officers
shall not exceed 25% of the total number of regular police officers.
No more than five persons shall be designated as Class Three special
law enforcement officers.
[Amended 2-25-2019 by Ord. No. 19-03; 10-11-2022 by Ord. No. 22-09]
E. Firearms. The carrying of firearms by special law
enforcement officers shall be strictly governed by N.J.S.A. 40A:14-146.14(b).
F. Hours of work. No special law enforcement officer
may work more than 20 hours per week, except as provided as follows:
(1) Without limitations as to hours during periods of
emergency.
(2) A special law enforcement 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 chapter.
(3) 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:14-146.14(b).
(4) The Borough may designate one special law enforcement officer to
whom the limitations on hours employed as set forth elsewhere in this
section shall not be applicable, pursuant to N.J.S.A. 40A:14-146.16(c).
[Added 10-11-2022 by Ord. No. 22-09]
(5) A Class Three special law enforcement officer may work without limitation,
pursuant to N.J.S.A. 40A:14-146.16(a)(5).
[Added 10-11-2022 by Ord. No. 22-09]
[Amended 4-25-2005 by Ord. No. 05-09]
In addition to the regular members of the police force provided for in §
48-5 and the special police officers provided for in §
48-8, the Mayor with the consent and approval of the Borough Council may also employ persons 18 years of age or older as civilian dispatchers for the Police Department. Persons shall be appointed to the office of civilian dispatcher for the Police Department on an annual basis and shall be citizens of the United States; shall be able to read, write and speak the English language; and shall be of good moral character and never have been convicted of a crime. Such person shall be hired in accordance with the hiring procedures set forth in the Borough Personnel Policies and Procedures.
[Amended 3-8-2010 by Ord. No. 10-06]
The compensation for all members of the Police
Department and the civilian dispatchers, special officers, and the
Executive Administrative Assistant shall be fixed by the Borough Council.
The Mayor with consent and approval of Borough
Council shall appoint one civilian parking enforcement officer pursuant
to P.L. 1987, Chapter 260 (N.J.S.A. 40A:9-154.7).
[Added 3-8-2010 by Ord. No. 10-06]
A. In addition to the regular members of the police force provided for in §
48-5, the special police officers provided for in §
48-8 and the civilian dispatchers provided for in §
48-9, the Mayor, with the consent and approval of the Borough Council, shall appoint one civilian Executive Administrative Assistant for the Chatham Borough Police Department.
B. The person
appointed to the position of Executive Administrative Assistant shall
be a citizen of the United States; shall be able to read, write and
speak the English language; and shall be of good moral character and
never have been convicted of a crime. Such person shall be hired in
accordance with the hiring procedures set forth in the Borough Personnel
Policies and Procedures, as well as the qualifications and requirements
set forth in the Chatham Borough Police Department Policies and Procedures.
C. The Executive
Administrative Assistant shall not have any statutory law enforcement
powers. The Chief of Police will prescribe the administrative duties
and responsibilities of the Executive Administrative Assistant, which
shall be prescribed in a manner to promote the efficient and effective
operation of the Chatham Borough Police Department.
[Added 2-24-2020 by Ord. No. 20-01]
A. Position created. The position of Police Chaplain for the Chatham
Borough Police Department is hereby created in accordance with statutory
authority. The position(s) will be a volunteer position. The position
of Police Chaplain shall be under the control of the Chief of Police.
B. Qualifications. Any person appointed as Police Chaplain shall be
an ordained clergyman in good standing in the religious body from
which he/she is selected. The Chaplain shall have basic training and
shall be a certified Police Chaplain credentialed in accordance with
the directives of the Chatham Borough Police Department and shall
be qualified in accordance with statutory requirements.
C. Duties of Police Chaplain. The duties of Police Chaplain shall include,
but not be limited to, assisting the Chatham Borough Police Department
in police employee assistance, death notifications, station house
adjustments and any other duties that may be assigned by the Chief
of Police.
D. Rank and salary. Any person appointed as Police Chaplain shall serve
in that capacity without rank or salary.
E. Term of office. A person(s) appointed as Police Chaplain shall serve
for a period of one year from the date of appointment and shall continue
to serve in that capacity until he/she is either terminated or reappointed
with the recommendation of the Chief of Police regarding the appointment
of the Police Chaplain.
F. Chaplain. The Mayor shall appoint the Chaplain or Chaplains in accordance
with this section with the advice and consent of the Borough Council.