[Amended 12-28-2004 by Ord. No. 04-OR-027; 5-9-2006 by Ord. No. 06-OR-012; 9-26-2006 by Ord. No. 06-OR-032; 12-26-2006 by Ord. No. 06-OR-041; 12-26-2007 by Ord. No. 07-OR-034; 4-22-2008 by Ord. No. 08-OR-006; 12-23-2008 by Ord. No. 08-OR-032; 12-22-2009 by Ord. No. 09-OR-029; 12-8-2015 by Ord. No. 2015-OR-031; 2-26-2019 by Ord. No. 2019-OR-009; 8-27-2019 by Ord. No. 2019-OR-029; 12-10-2019 by Ord. No. 2019-OR-044; 12-10-2019 by Ord. No. 2019-OR-045; 2-11-2020 by Ord. No. 2020-OR-001; 4-27-2021 by Ord. No. 2021-OR-008; 10-28-2025 by Ord. No. 2025-OR-022; 1-27-2026 by Ord. No. 2026-OR-001]
A. Establishment; mission and purpose.
(1) There is hereby established a Police Department in the Township of Burlington, County of Burlington and State of New Jersey, pursuant to the provisions of N.J.S.A. 40A:14-118 et seq. This section is intended to ratify the existence and operation of the Police Department, which has historically operated within and served the Township of Burlington, and at the same time satisfy the statutory requirements of the legislation amended in 1981 and 1988, respectively, and requirements imposed by more recent case law pursuant to this statute.
(2) The mission and purpose of said Police Department is generally to bring police services to all inhabitants and taxpayers of the Township, and in this connection it shall enforce all laws which operate within the Township. It is the function of the Police Department to preserve the public peace, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, disperse unlawful or dangerous assemblage and preserve order at all elections and public meetings and assemblages; a further function is to administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the vehicles and persons and to make such rules and regulations not inconsistent with the Charter, rules, ordinances and general law for such purpose. Further, the Police Department shall remove all nuisances in 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 licenses or permits. In addition, the Police Department shall perform all such duties as the Township shall by ordinance provide. The Police Department is a prime provider of services for the inhabitants and taxpayers of the community.
B. Composition. Said Police Department shall consist of:
(1) One Director of Public Safety/Chief Law Enforcement Officer;
(2) Three Police Lieutenants;
(4) Up to forty-three patrol officers; and
(5) Such civilian members of the Police Department deemed necessary by the Director of Public Safety/Chief Law Enforcement Officer, with the approval and consent of the Mayor and Township Council, to provide dispatching services, information technology services, clerical duties and logistics in support of the Police Department.
(6) A chaplain or chaplains as deemed necessary by the Director of Public Safety/Chief Law Enforcement Officer, to be appointed by the Mayor upon the recommendation of the Director of Public Safety/Chief Law Enforcement Officer, with the approval and consent of the Township Council.
C. Jurisdiction.
(1) Said Police Department shall come under the jurisdiction of the appropriate authority, which position is hereby created pursuant to N.J.S.A. 40A:14-118.
(a) Said appropriate authority shall be the Township Municipal Administrator.
(b) The appropriate authority shall be responsible directly to the Mayor and Township Council. The Director of Public Safety/Chief Law Enforcement Officer shall be directly responsible to the appropriate authority/Township Municipal Administrator for the day-to-day operation of the Police Department pursuant to the policies established by said appropriate authority.
(c) The appropriate authority is hereby vested with the duty of and shall be responsible for the promulgation, adoption, updating and/or ratification of rules and regulations for police personnel, which shall be known as the rules and regulations for the Police Department of the Township of Burlington (N.J.S.A. 40A:14-118). The Director of Public Safety/Chief Law Enforcement Officer shall be responsible to assist the appropriate authority/Township Municipal Administrator in formulating policies and programs designed to efficiently provide services to the community.
(2) Hearing authority.
(a) In the event of any disciplinary proceedings in which any period of suspension is sought against any member of the Police Department of the Township of Burlington below the rank of Director of Public Safety/Chief Law Enforcement Officer, the said appropriate authority/Township Municipal Administrator or his/her designee shall serve as the hearing officer and person in charge of presiding over all such proceedings.
(b) In the event the appropriate authority/Township Municipal Administrator designates a hearing authority other than himself/herself pursuant to the paragraph, and the designated hearing authority is to be an officer within the Burlington Township Police Department (e.g., Director of Public Safety/Chief Law Enforcement Officer), only a person of greater rank than the person charged may be so designated for that purpose.
(3) Charging authority.
(a) In the event a Burlington Township Police Department officer is to be charged in a disciplinary action in which any period of suspension is sought and said employee is subordinate to the rank of the Director of Public Safety/Chief Law Enforcement Officer, only the Director of Public Safety/Chief Law Enforcement Officer or his designee may initiate such charges pursuant to powers vested in said office by this chapter. The Township's civil service appointing authority, the Township Municipal Administrator, shall countersign any and all disciplinary complaints in any disciplinary matter in which any period of suspension is sought on the appropriate civil service form(s).
(b) Whenever any person, whether police officer, special counsel, or the appropriate authority, serves in an investigative capacity, he/she may not thereafter be designated as or serve as the hearing authority in that same disciplinary action. A charging authority is not disqualified from also sitting as the hearing authority so long as he/she has no conflict of interest by virtue of direct personal involvement in the underlying investigation.
(4) Appeals.
(a) Any employee seeking to appeal disciplinary charges shall do so in writing submitted to the office of the Director of Public Safety/Chief Law Enforcement Officer. Said appeal shall be filed within five days, not including Saturdays, Sundays and holidays, of the date said charges were served upon said employees.
(b) The appropriate authority shall schedule a hearing in accordance with the provisions of this chapter, state statute and/or collective bargaining agreement. A preliminary notice of disciplinary action served on any employee shall contain the date, time and location for a prospective hearing as required by statute. That hearing date may be postponed at the discretion of the hearing authority within the statutory time lines. Any postponement beyond the statutory thirty-day time line would generally require a waiver of the thirty-day rule by the employee and a formal request for said postponement. However, all employees are put on notice that a failure to submit the required written request for an appeal would constitute an act of insubordination and may affect the employee's rights pertaining to said statutory time lines, the discovery proceedings, as well as other legal rights and remedies appurtenant thereto.
D. Director of Public Safety/Chief Law Enforcement Officer.
(1) Appointment. The Director of Public Safety/Chief Law Enforcement Officer shall be appointed by the Mayor upon the advice and consent of the Council. The Director of Public Safety/Chief Law Enforcement Officer shall serve during the term of Office of the Mayor appointing him and until the appointment and qualification of a successor. The Director of Public Safety/Chief Law Enforcement Officer shall possess such qualifications deemed necessary by the Mayor appointing him. The Director of Public Safety/Chief Law Enforcement Officer shall be a resident of the Township of Burlington. The Director of Public Safety/Chief Law Enforcement Officer shall receive such compensation as is specifically indicated within the Salary Ordinance of the Township of Burlington.
(2) Absence. In the event the Director of Public Safety/Chief Law Enforcement Officer is absent or disqualified from holding the position, or in any other way the position becomes vacant, it shall be filled in accordance with the provisions of §
20-19G of this chapter of the Township Code.
(3) Removal. The Director of Public Safety/Chief Law Enforcement Officer may be removed from his position in accordance with the provisions of §
20-11I or in accordance with §§
20-19G and
20-22 of this chapter of the Township Code.
E. Assignment of police employees. The Director of Public Safety/Chief Law Enforcement Officer shall prescribe the assignments of all police personnel employed by the Township of Burlington to include both sworn and civilian personnel.
F. Special Law Enforcement Division.
(1) Creation of position. In accordance with the provisions of N.J.S.A. 40A:14-146.8, there is hereby created the position of special law enforcement officers for the Township of Burlington, County of Burlington and State of New Jersey. Each special officer appointed shall be subject to requirements of this chapter and the additional requirements set forth in N.J.S.A. 40A:14-146 et seq. Special law enforcement officers shall not be members of the police force.
(2) Classification and powers. The classifications of the special law enforcement officers shall be based upon the duties to be performed by said officers and are established as follows:
(a) Class one. They are authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Director of Public Safety/Chief Law Enforcement Officer or, in the absence of the Director, another law enforcement officer in a supervisory capacity designated by the Director to act in his stead. Class one officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of N.J.S.A. 39 et seq. The use of firearms by 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.
(b) 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 Director of Public Safety/Chief Law Enforcement Officer or, in the absence of the Director, another law enforcement officer in a supervisory capacity designated by the Director 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.
(c) Class three. Officers of this class are 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 Township, 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 a class three special law enforcement officer shall be authorized pursuant to N.J.S.A. 40A:14-146.14. A class three special law enforcement officer shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
(3) Compliance with other ordinances governing operations and discipline within the Police Department. All duly appointed special law enforcement officers shall be subject to the rules and regulations governing the Police Department of the Township as adopted by the appropriate authority, including by description, but not limited to, the Standard Operating Procedure Police Manual of the Township of Burlington.
(4) Term of appointment. Special law enforcement officers shall be appointed by the Mayor for a term not to exceed one year, which appointment shall be made at the annual reorganization meeting or at such other times as the Mayor deems it necessary to make such appointments. In no event shall any appointment carry a term beyond the end of the calendar year of the year in which said appointment is made.
(5) Compensation. Compensation for each class of special law enforcement officers shall be established annually through the Municipal Salary and Wage Ordinance.
(6) Limitations on number of officers. The number of special law enforcement officers employed by the Township of Burlington shall be limited as follows:
(a) Class one. Not more than the number of sworn full-time police officers employed by the Township of Burlington.
(b) Class two. No more than 25% of the number of sworn full-time officers employed by the Township of Burlington.
(c) Class three. No limit on the number of class three special law enforcement officers.
(7) Residency requirement.
(a) No special law enforcement officer shall be appointed to a position with the Township of Burlington unless that officer shall be a resident of the said Township.
(b) Special law enforcement officers who reside in the State of New Jersey and have previously served with the Burlington Township Police Department as full-time officers and have retired in good standing are exempt from having to reside within Burlington Township.
(8) Revocation of appointment. The appointment to the position of special law enforcement officer may be revoked by the Director of Public Safety/Chief Law Enforcement Officer for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing.
(9) Training course. No person shall commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the Police Training Commission.
(10) Hours of employment. The Director of Public Safety/Chief Law Enforcement Officer may assign one class two special law enforcement officer to perform authorized duties not to exceed 40 hours per week. All other class one and class two special law enforcement officers may not be assigned to work more than 20 hours per week. There is no limitation on the number of hours that a class three special law enforcement officer may be assigned to work. A class three special law enforcement officer shall not be assigned to an extra-curricular or after-school function unless the assignment has first been made available to full-time members of the police department.
G. Graphic table of organization.
(1) A graphic table of organization (T.O.) shall be maintained by the Director of Safety/Chief Law Enforcement Officer to show the following:
(a) The Burlington Township Police Department divisional structure.
(b) The Burlington Township Police Department personnel structure.
(2) The express function and duties of each position will be as defined within the rules and regulations of the Burlington Township Police Department promulgated by the appropriate authority but are not necessarily limited to the same.
H. Monthly reports to the appropriate authority. The Director of Safety/Chief Law Enforcement Officer shall submit monthly reports to the appropriate authority in such form as shall be prescribed by said authority on the operation of the force during the preceding month and make such other reports as may be requested by said appropriate authority.
I. Policies established by the Director of Director of Safety/Chief Law Enforcement Officer to govern day-to-day operations:
(1) Pursuant to N.J.S.A. 40A:14-118, the Director of Safety/Chief Law Enforcement Officer shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof and he shall, "...pursuant to policies established by the appropriate authority," perform his assigned duties.
(2) Therefore, the Director of Safety/Chief Law Enforcement Officer shall issue whatever operations orders, general orders or standard operating policies that he/she deems appropriate and necessary for the operation of the Department.
J. Emergency directives. Nothing herein contained shall infringe upon or limit the power or duty of the Director of Safety/Chief Law Enforcement Officer to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives (N.J.S.A. 40A:14-118; 40A:14-146.9).
K. Power vested in the Office of Director of Public Safety/Chief Law Enforcement Officer. The Director of Safety/Chief Law Enforcement Officer for the Township of Burlington, pursuant to policies promulgated by the appropriate authority, shall:
(1) Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
(2) Have, exercise and discharge the functions, powers and duties of the Police Department;
(3) Prescribe the duties and assignments of all members and officers;
(4) Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the direction and control of the Director of Safety/Chief Law Enforcement Officer; and
(5) Report at least monthly to the Mayor, in such form as shall be prescribed, on the operation of the Police Department during the preceding month and make such reports as may be requested by the Mayor (N.J.S.A.40A:14-118).
L. Extra-duty assignments. The Burlington Township Police Department shall be regulated in accordance with the terms and conditions of the provisions set forth below.
(1) The Township wishes to assist persons and entities by, under certain circumstances, allowing them to employ the services of off-duty Township police officers in Burlington Township in compliance with New Jersey Attorney General Guidelines, statutes, and Police Department rules and regulations. Any person or entity wishing to receive police services may arrange to receive services within the Township through the office of the Director of Public Safety/Chief Law Enforcement Officer. Such person should notify the Director of Public Safety/Chief Law Enforcement Officer, in writing, of the specific nature of the services desired at least 15 days before such services are required, unless exigent circumstances exist. All requests shall be subject to the availability of personnel, as shall be determined by the Director of Public Safety/Chief Law Enforcement Officer, and officers shall be assigned at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty.
(2) The Director of Public Safety/Chief Law Enforcement Officer shall administer all activities and maintain financial files pursuant to this section. All requests for additional police services will be finalized in a written agreement provided by the Director of Public Safety/Chief Law Enforcement Officer's office. The agreement will specify the duration of the police services to be provided, a termination date when the police services will be completed and a modification clause.
(3) All fees for police services will be collected by the Burlington Township Police Department, in full, prior to the delivery of such services. The fees shall be based on hourly rates as established annually. Such rates shall include the hourly rates of the officers working, plus a sum representing a reasonable approximation of the administrative cost, overhead and out-of-pocket expenses to the Township for providing the service. All payments of such services shall be made payable to the Township of Burlington.
(4) Upon completion of each work assignment, the Director of Public Safety/Chief Law Enforcement Officer shall forward a summary of the assignment to the Director of Finance for payment. Upon receipt of proof of extra-duty services, the Director of Finance shall disburse payments to those officers who worked the extra-duty assignments, the amount earned by those officers based on the established rate, less administrative costs, during the next pay period. Standard rates, and rates for public and charitable organizations, shall be established by resolution and the schedule of rates shall be available in the Township Clerk's office.
(5) All police officers providing extra-duty services pursuant to this section shall function under the control and supervision of the Director of Public Safety/Chief Law Enforcement Officer in his capacity as Administrator of Burlington Township Police Department. The Burlington Township Police Department and its employees will maintain all employment rights while assigned to work extra-duty details and will operate under the mandates of Department rules and regulations.
(6) Notwithstanding any other provisions set forth above, Public Service Electric and Gas Company shall be exempt from the provision set forth in Subsection
L(3) which requires advance payment in full prior to the delivery of extra-duty assignment services.
(7) For commercial persons and entities, the Township may choose to utilize a private vendor to administer and perform the function of contracting for the employment of off-duty police officers and for their payment in accordance with the provisions of the contract between the Township. The private vendor will be compensated by a fee set forth in the contract which fee will be an additional charge to be paid by the person or entity engaging the off-duty police services.
M. Police Department rules and regulations and police manual.
(1) The appropriate authority/Township Municipal Administrator, pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members with a view to making the Police Department and all members thereof efficient, vigilant and effective in the service of the Township of Burlington. Said rules and regulations will be in manual form and shall be called the "Rules and Regulations of the Police Department for the Township of Burlington" and shall govern the conduct of and be binding upon the entire membership of said Police Department, including the Director and all subordinates as listed in Subsection
A of this section.
(2) The rules and regulations shall be distributed in manual form as follows: A serialized copy will be issued to and signed for by each employee of the Police Department for the Township of Burlington. A copy will be maintained by the Township Clerk for the personnel designated as special officers and to provide public access to same.
(3) All members and employees who are assigned a manual shall be responsible for its maintenance and care. Said manuals shall remain the property of the Township of Burlington, County of Burlington, State of New Jersey, and upon separation from police service, each person is bound to return the same. Each person will be responsible for the security of his/her manual, and the loss of the same will constitute neglect of duty and will result in disciplinary action. All manuals shall be kept current, and supplementary pages concerning additions, revisions or amendments shall be promptly and properly inserted. No Police Department new rules and regulations will be inserted as part of this manual unless and until properly assimilated by the appropriate authority.
(4) Each police officer and each civilian employee is duty-bound to thoroughly familiarize himself/herself with the provisions of the Police Manual. Failure to comply shall be considered neglect of duty.
(5) In the event neglect of duty is charged against a member for failure to observe the rules and regulations or Department procedures or orders, ignorance of any provisions of this manual will not be accepted as an excuse.
N. Police chaplain.
(1) One or more persons may be appointed as a chaplain. Such person shall be an ordained clergyperson in good standing in the religious body from which he or she shall be selected.
(2) A chaplain shall serve without salary or other compensation under the direction of the Director of Public Safety/Chief Law Enforcement Officer and shall not be required to be a Township resident.
(3) The term of a chaplain shall be one calendar year commencing on January 1, or if appointed subsequent to January 1, for the remainder of the year of appointment. A chaplain may be removed by the Director of Public Safety with or without cause and without a hearing.
(4) The duties of a police chaplain shall include:
(a) Knowledge of the Police Manual and participation in training related to the duties of a chaplain.
(b) Assisting in providing notification of emergencies, serious injuries or death, in accordance with Police Department policy and practice, to family members or other persons entitled to notice.
(c) Visit sick or injured police personnel.
(d) Attend and participate in funerals of present and former members of the Police Department.
(e) Insofar as he or she may have sufficient training, provide counseling to members of the Police Department.
(f) Conduct and/or participate in memorial services.
(g) Attendance at functions such as graduations, promotions and awards to members of the Police Department.
(h) Insofar as he or she may have sufficient training, assist in programs and counseling targeted at youthful offenders.
(i) Assist in furthering community outreach and relations with the public.
(j) Assist in the development of programs to encourage departmental morale.