[Adopted 7-6-1925 by Ord. No. 3]
[Amended 3-1-1960 by Ord. No. 01-60; 10-18-1971 by Ord. No. 71-24; 12-16-1971 by Ord. No. 71-28; 7-12-1973 by Ord. No. 73-13;9-24-1973 by Ord. No. 73-17; 12-17-1973 by Ord. No. 73-23; 3-24-1975 by Ord. No. 75-6; 2-23-1976 by Ord. No. 76-1; 6-27-1989 by Ord. No. 89-10; 4-24-2001 by Ord. No. 2001-11; 1-24-2006 by Ord. No. 2005-38; 11-27-2007 by Ord. No. 2007-13]
A. 
There shall be in the Borough of Clementon a Police Department which shall consist of a police force and such other civilian personnel as the governing body should deem advisable and necessary, which said positions shall be nominated and appointed by the Mayor with the advice and consent of Council. The police force shall consist of one Chief of Police and not more than one Lieutenant, four Sergeants, 10 full-time patrolmen, and three part-time patrolmen. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his absence, his designee. In the event of an officer in any of these positions being on leave immediately preceding an announced retirement or a suspension with intent to dismiss, the governing body may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The governing body may also choose to leave a position vacant to undertake a review of whether the current table of organization is still beneficial to the police mission. The governing body shall have up to one year from the effective date of retirement or resignation to appoint/promote the replacement in order to conduct a thorough, fair and competitive search and selection process.
B. 
All of the officers of said Police Department shall hold their offices during good behavior and efficiency and obedience to the just rules and regulations as shall be from time to time adopted and promulgated, until such time as they shall be unable to discharge their duties; provided, however, that any officer of said department may be removed for the reasons and in the manner set forth herein.
[Added 6-5-2012 by Ord. No. 2012-10[1]]
[1]
Editor's Note: This ordinance also redesignated Subsections B and C as Subsections C and D.
C. 
The Borough Council may decrease the force for reasons of economy. In accordance with N.J.S.A. 40A:14-143, the governing body, if it shall deem it necessary for reasons of economy, may decrease the number of members and officers of the Police Department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank, and in the case of termination of service and new appointment, prior consideration shall be given to the person on said special employment list.
D. 
There shall also be such clerical, secretarial and administrative employees, community service officers, and school crossing guards as the governing body shall appoint. Said employees shall not be members of the Police Department within the meaning of any provision of Chapter 14, Title 40A, of the Revised Statutes of New Jersey, as amended and supplemented. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his absence, his designee.
[Added 10-28-1996 by Ord. No. 96-11]
A. 
The Mayor and Council are hereby designated as the appropriate authority pursuant to N.J.S.A. 40A:14-118.
B. 
The Police Department of the Borough shall be under the control of Council. The Chief of Police shall report to the Mayor and Council. The Chairman of the Public Safety Committee shall act as the liaison between the Chief of Police and the Mayor and Council.
[Amended 11-27-2007 by Ord. No. 2007-13]
[Added 6-5-2012 by Ord. No. 2012-10[1]]
There is hereby adopted by the Mayor and Council of the Borough of Clementon for the purpose of adopting a Police Manual and Rules and Regulations for the Operation, Government and Discipline of the Police Department of the Borough of Clementon, that certain manual entitled "Borough of Clementon — Police Manual," two copies of which manual have been and how are filed in the office of the Clerk of the Borough of Clementon, and the same is hereby adopted and incorporated as if fully set forth herein at length, and shall take effect from the date of this section.
A. 
The aforesaid manual, entitled "Borough of Clementon — Police Manual," when adopted, shall be posted by the Chief of Police within five days of the adoption of this section in the Municipal Building on the bulletin board assigned to the Police Department, and a copy thereof shall be delivered to each and every member of the Department within five days after the adoption thereof and/or any amendments or repeals thereof. Each member of the Police Department shall, within 30 days from the delivery thereof, acknowledge that he/she has received a copy thereof, has read the same and is familiar with the content thereof.
B. 
The manual herein may from time to time be amended and portions thereof repealed by resolutions and/or ordinances of the Mayor and Council of the Borough of Clementon as provided by law.
C. 
If any clause, sentence, subdivision, paragraph, section or part of said Police Manual and Rules and Regulations for the Operation, Government and Discipline of the Police Department of the Borough of Clementon be adjudged by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.
[1]
Editor's Note: This ordinance also repealed former § 51-3, Terms of office; see now § 51-1B.
[Added 11-27-2007 by Ord. No. 2007-13[1]]
A. 
There is hereby established within the Police Department of the Borough of Clementon a branch or division which shall be known as the “Detective Division.” Said Division shall consist of such superior officers and patrolmen who are members of the Borough Police Department as may be necessary for the efficient operation of the Division.
B. 
Members of the Borough of Clementon Police Department may be assigned to and reassigned from the Detective Division by the Chief of Police. Assignment to and reassignment from the Detective Division shall in no way affect the existing status, title, seniority or rights of such members of the Police Department so assigned or reassigned, nor shall the creation of the Detective Division and the assignment of members of the Police Department thereto constitute the creation of a new office or rank within the Police Department.
C. 
The Detective Division shall be in charge of all investigative activities of the Police Department under the direction of the Chief of Police.
D. 
The Detective Division shall be charged with such duties and responsibilities and shall perform functions as may be prescribed by the Department regulations enacted by the Mayor and Council.
[1]
Editor's Note: This chapter also provided for the renumbering of former § 51-4, Requisites for appointment, as § 51-9.
[Added 10-28-1985 by Ord. No. 85-21]
The Police Department created and established by New Jersey law and this article shall have, in addition to the usual powers, duties and obligations, the following authority to:
A. 
Preserve the public peace, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.
B. 
Administer and enforce laws and ordinances or regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons and to make rules and regulations, not inconsistent with the Charter, ordinance and general law for such purposes.
C. 
Remove all nuisances in the public streets, parks and other public places; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit.
D. 
Provide proper police attendance and protection at fires.
E. 
Enforce the laws and ordinances in effect within the Borough and prevent the violation of them by any person; apprehend and arrest all persons legally charged with the violation of any law or ordinance.
F. 
Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of persons charged with crimes and other violations of the law and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
G. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
[1]
Editor's Note: Former § 51-5, Chief of Police; powers and duties, was renumbered as § 51-8 by Ord. No. 2007-13, adopted 11-27-2007.
[Added 11-27-2007 by Ord. No. 2007-13[1]]
A. 
The following chain of command shall exist within the Police Department:
(1) 
Chief of Police.
(2) 
Lieutenant.
(3) 
Sergeant.
(4) 
Corporal.
(5) 
Patrolman.
(6) 
Probationary patrolman.
(7) 
Special officer.
(8) 
Such other Police Department civilian employees as the Governing Body of the Borough of Clementon authorizes.
B. 
Each rank/position shall be subordinate to all higher ranks as illustrated above.
C. 
Civilian employees shall report to their assigned supervisor or his or her designee, or in his/her absence, the ranking officer on duty.
[1]
Editor's Note: This ordinance also repealed former § 51-6, Deputy Chief of Police, added 3-24-1975 by Ord. No. 75-6.
[Added 11-27-2007 by Ord. No. 2007-13[1]]
Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the New Jersey Department of Personnel. The reviewing committee, which shall be made up of the Chairman of Public Safety Committee, Chairman of Administration Committee, his/her designee(s) and the current Chief of Police (unless he/she is involved in pending discipline or litigation with the Borough), shall consider the following: the candidates’ knowledge of criminal law and procedure, police science and police administration, leadership and management ability, general knowledge of Clementon local government and N.J.S.A. 40A:14-118, the candidates’ poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations and moral character. To be considered for the position of Chief of Police, the candidates must be serving the Borough as Lieutenant or Sergeant and have served in such supervisory ranks for a minimum of five years.
[1]
Editor's Note: This ordinance also renumbered former § 51-10, Powers and duties of police, as § 51-10.
[Amended 7-12-1973 by Ord. No. 73-13; 2-27-1984 by Ord. No. 84-3; 10-28-1996 by Ord. No. 96-11]
A. 
The Chief of Police shall be the head of the Police Department and shall be responsible to the Mayor and Council as the appropriate authority, through the Borough Administrator, for the efficiency and routine day-to-day operations of the Department.
[Amended 9-24-2002 by Ord. No. 2002-19]
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(2) 
Have, exercise and discharge the functions, powers and duties of the force.
(3) 
Prescribe the duties and assignments of all subordinates and other personnel.
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under this direction and supervision.
(5) 
Report monthly to the appropriate authority in such form as shall be prescribed by the Mayor and Council on the operation of the force during the preceding month and make such other reports as may be requested by the appropriate authority.
B. 
The control of the Police Department shall be vested in the Police Chief, and the discipline of the members of the Department shall be governed by the rules and regulations of the Borough of Clementon Police Department. The Chief of Police shall enforce all rules and regulations of the Borough of Clementon Police Department and any general and special orders or instructions which he may from time to time promulgate, provided that such general or special orders or instructions do not conflict with the rules and regulations, orders or instructions issued by resolution of the Mayor and Council. He shall enforce all rules and regulations, orders or instructions, whether promulgated by him or by the Mayor and Council.
C. 
The Chief of Police shall recommend to the Mayor and Council, from time to time, the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
[1]
Editor's Note: Former § 51-8, Powers and duties of Police Department, was renumbered as § 51-5 by Ord. No. 2007-13, adopted 11-27-2007.
[Amended 7-12-1973 by Ord. No. 73-13]
A. 
No person shall be appointed to membership in said Police Department who is not a citizen of the United States; who is not 18 years of age at the time of his appointment; who has ever been convicted of a crime involving moral turpitude; who cannot understandingly and intelligently read and write the English language; or who shall not be of good moral character, sound in body and in good health. The governing body may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.
[Amended 1-28-2003 by Ord. No. 2002-33]
B. 
Any person hired as a police officer for the Borough of Clementon with prior years' police experience may receive credit for purposes of salary increments for the years of prior police service up to a maximum of six years. This provision shall be retroactive to January 1, 2002.
[Added 9-24-2002 by Ord. No. 2002-19; amended 7-25-2006 by Ord. No. 2006-15]
C. 
The Borough of Clementon is authorized pursuant to N.J.S.A. 11A:4-1.3 to hire as an entry-level law enforcement officer a person who has successfully completed a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training Commission.
[Added 8-17-2021 by Ord. No. 2021-09]
D. 
A person hired pursuant to Subsection C above shall be exempt from the requirement to take an examination for an entry-level law enforcement position.
[Added 8-17-2021 by Ord. No. 2021-09]
[1]
Editor's Note: Former § 51-9, Rules and regulations, as amended, was repealed 11-27-2007 by Ord. No. 2007-13.
Members of the Police Department, in addition to the powers conferred upon them in criminal matters by the general laws of the State of New Jersey, shall have power and it shall be their duty to arrest, without warrant, any person by them found violating any of the penal ordinances of said Borough or any of the laws of the State of New Jersey, and to take such person before a proper magistrate or any other person authorized under the law to hear, try and determine the same, to be dealt with in a manner as if such person has been arrested upon a warrant thereto duly issued by a magistrate or such other officer. It shall be their duty to report to the Chief of Police violations of laws and ordinances coming to their knowledge in any way. Said members of the Police Department shall have full authority to serve any and all process to enforce any penalty for the violations of any law of the Borough and any subpoena or bench warrant issued in connection therewith.
[1]
Editor's Note: Former § 51-10, Reprimand; grounds for suspension, as amended, was repealed 11-27-2007 by Ord. No. 2007-13.
[Added 11-27-2007 by Ord. No. 2007-13]
The permanent members of the Police Department shall hold their offices and employment during good behavior and efficiency, and no person shall be removed from office or employment for political reasons or for any cause other than incapacity, misconduct or disobedience of just rules and regulations established for the Department, and then only on written charges and hearing in accordance with law.
[Added 10-28-1996 by Ord. No. 96-11; amended 9-22-1997 by Ord. No. 97-14; 7-27-1999 by Ord. No. 99-6; 12-18-2018 by Ord. No. 2018-13; 6-18-2019 by Ord. No. 2019-07]
All charges brought against members of the Police Department that may result in a suspension, removal, fine or reduction in rank shall be reviewed initially at an investigative conference conducted by the Chief of Police.
A. 
If as a result of the investigative conference the Chief of Police determines that a minor disciplinary action is appropriate, the Chief shall issue a preliminary notice of minor disciplinary action ("notice") setting forth the charges against the individual and the disciplinary action that may be imposed.
(1) 
If the individual charged disputes the discipline, he or she may request a hearing before a member of the Public Safety Committee or such other person or persons designated by the Public Safety Committee in accordance with due process of law. The request for hearing must be submitted to the Public Safety Committee or its designee, in writing, within five days after the individual charged is served with the preliminary notice of minor disciplinary action. If a request for hearing is filed within the time limit set forth herein, the hearing shall be conducted within 30 days of the date of the preliminary notice of minor disciplinary action. The Public Safety Committee or its designee and the individual charged may consent to an adjournment to a later date. The individual charged may be represented by a union representative or attorney at the hearing. Within 20 days of the hearing provided in this section, the Public Safety Committee member or his/her designee shall issue either:
(a) 
A final notice of minor disciplinary action consistent with the Chief's original determination on the charges filed;
(b) 
A modified final notice of minor disciplinary action if the dispute warrants such modifications; or
(c) 
A written notice rescinding the preliminary notice of minor disciplinary action.
(2) 
If no request is made within this time or such additional time as agreed to by the Public Safety Committee or its designee, the hearing shall be deemed waived by the individual charged and the Chief shall issue a final notice of minor disciplinary action consistent with the Chief's determination on the charges filed.
B. 
If as a result of the investigative conference the Chief of Police determines that a major disciplinary action is appropriate, the Chief shall issue a preliminary notice of disciplinary action setting forth the charges against the individual and the disciplinary action that may be imposed. The individual charged may request a hearing before the governing body. The request for hearing must be filed with the Borough Clerk, in writing, within five days after the individual charged is served with a copy of the preliminary notice of disciplinary action pursuant to N.J.A.C. 4A:2-2.5(c). If no request is made within this time or such additional time as agreed by the governing body, the hearing shall be deemed waived by the individual charged and the Chief shall issue a final notice of disciplinary action consistent with the Chief's determination on the charges filed. If a request for hearing is filed within the time limit set forth herein, the hearing shall be conducted within 30 days of the date the preliminary notice of disciplinary action pursuant to N.J.S.A. 11A:2-13. The governing body and the individual charged may consent to an adjournment to a later date.
C. 
The hearing shall be conducted by the Borough Council or such other person or persons designated by the Borough Council in accordance with due process of law, and it shall examine whether or not there has been a violation of any ordinance, rule, regulation, order or resolution of the governing body or Police Department. The Borough Council may appoint a special prosecutor to represent the Chief of Police/Police Department. The individual charged may be represented by an attorney at the hearing. The Borough Council or such other person or persons designated by the Borough Council may impose penalties as it deems appropriate as may be warranted by the character of the offense.
D. 
Within 20 days of the hearing provided in Subsection B, the Borough Council or such other person or persons designated by the Borough Council shall make a final disposition of the charges against the individual and shall furnish the individual with a written notice setting forth its findings and the discipline imposed against the individual.
[Added 10-28-1996 by Ord. No. 96-11; amended 9-22-1997 by Ord. No. 97-14]
A. 
If the Borough Council or such other person or persons designated by the Borough Council decides to impose "minor disciplinary action," defined as a suspension of five days or less, a fine in an amount equal to five days' pay or less or a demotion of five days or less, the Borough Council shall issue a notice of minor disciplinary action which shall not be appealable; provided, however, that the suspension or fine of an individual for five days or less shall be appealable if an individual's aggregate number of days suspended or fined in any one calendar year is 15 days or more. Where an individual receives more than three suspensions or fines of five or less days in a calendar year, the last suspension or fine is appealable.
[Amended 7-27-1999 by Ord. No. 99-6]
B. 
If, as a result of the hearing, the Borough Council or such other person or persons designated by the Borough Council determines that the individual is to be removed, demoted or receive a suspension greater than five days or a fine in excess of an amount equal to five days' pay, the Borough Council shall issue a final notice of disciplinary action setting forth its findings and the discipline imposed. The individual shall have a right to appeal this decision to the Merit System Board.
[Amended 7-27-1999 by Ord. No. 99-6]
C. 
An appeal to the Merit System Board pursuant to Subsection B above shall be made in writing by the individual to the Merit System Board no later than 20 days from receipt of the final notice of disciplinary action.
[Amended 7-12-1973 by Ord. No. 73-13]
Personnel set forth in § 51-1 of this article shall be compensated in a manner set forth in the current applicable Salary Ordinance of the Borough of Clementon.[1]
[1]
Editor's Note: See Ch. 59, Art. II, Annual Salary Ordinance.