[Adopted 7-22-1992 by Ord. No. 14-92]
The purpose of this article is to revise all existing ordinances of the Borough of Eatontown pertaining to the establishment, maintenance, regulation and control of the Eatontown Police Department and to prescribe new rules and regulations respecting the Department in order that its organization shall be improved and its operation conducted more efficiently.
[Amended 3-22-2006 by Ord. No. 10-2006; 9-28-2011 by Ord. No. 16-2011]
A. 
The Police Department of the Borough of Eatontown is hereby established and shall consist of a Chief of Police, who shall serve as head of the Department, and such members and officers as shall be deemed necessary by the governing body. The governing body shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to the positions, together with their compensation.
B. 
The Police Department shall consist of one Chief of Police, one Captain, three Lieutenants, seven Sergeants and 28 patrol officers, which the Borough Council deems necessary to preserve the peace of the Borough.
[Amended 7-28-2021 by Ord. No. 17-2021]
C. 
The Organizational Chart shall be as follows: see attached Exhibit A as adopted by Ord. No. 17-2021.[1]
[Amended 7-28-2021 by Ord. No. 17-2021]
[1]
Editor’s Note: Exhibit A is included as an attachment to this chapter.
[Amended 5-22-2002 by Ord. No. 07-2002]
The governing body shall appoint from among its members a three-member Police Committee. The governing body shall designate a person to serve as the Chairperson of the Police Committee from one of the three members appointed to the Police Committee. The Police Committee shall serve in an advisory capacity to the Mayor and Council on police matters. The Borough Administrator is hereby designated as the appropriate authority as provided for in the New Jersey statutes, and the Borough Administrator shall be responsible for the overall performance of the Police Department with the obligation to consult on a monthly basis with the Chairperson of the Police Committee who shall report to the Police Committee. The Chief of Police shall make recommendations to the Borough Administrator regarding the adoption of rules and regulations for the operation of the Department and for the discipline of its members. Those recommendations, as approved by the Borough Administrator, with the consultation with the Police Committee, shall be ratified by the governing body.
A. 
The Chief of Police shall be the head of the Department and shall be directly responsible to the Borough Administrator for its efficiency and day-to-day operations. Pursuant to policies established by the Police Committee and ratified by the governing body, the Chief of Police shall:
[Amended 5-22-2002 by Ord. No. 07-2002]
(1) 
Administer and enforce the Rules and Regulations of the 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 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 Department to be exercised under the Chief's direction and control.
(5) 
Report at least monthly to the Borough Administrator who shall in turn consult with the Police Committee or its Chairperson in such form as shall be prescribed on the operation of the Department during the preceding month and make such other reports as may be requested by the Borough Administrator.
B. 
The salary of the Chief of Police shall be established by the annual Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the office of the Borough Clerk.
The Department shall:
A. 
Preserve the public peace, protect life and property, 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 to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons and to protect the safety and facilitate the convenience of motorists and pedestrians and make and enforce rules and regulations consistent with the ordinances of the Borough for such purposes.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, 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.
D. 
Provide proper police attendance and protection at fires.
E. 
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.
F. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
No person shall be appointed to the Department who is not qualified as provided in the New Jersey statutes. The Chief of Police shall require that an applicant for appointment to the Department shall successfully complete physical, mental and psychological examinations.
No member or officer of the Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey statutes and the Department's Rules and Regulations.
A. 
The Department Rules and Regulations, as adopted by resolution of the governing body dated February 13, 1991, are hereby established under separate cover to be known as the "Eatontown Borough Police Department Rules and Regulations" and shall be binding and effective as though incorporated as part of this section.
B. 
One copy of the Rules and Regulations shall be distributed to each member of the Department and to certain civilian employees of the Department as determined by the Police Committee.
C. 
All members and employees who are assigned a copy of the Rules and Regulations shall be responsible for its maintenance and care. All copies shall be kept current, and supplementary pages, concerning additions, revisions or amendments, shall be promptly and properly inserted.
D. 
Each police officer and each civilian employee are duty bound to thoroughly familiarize themselves with the provisions of the Rules and Regulations. Failure to comply shall be considered a neglect of duty.
E. 
In the event that neglect of duty is charged against a member for failure to observe the Rules and Regulations, Department procedures or orders, ignorance of any provision of this manual or any Department procedure or order will not be accepted as an excuse.
Pursuant to N.J.S.A. 40A:14-118, as amended, the right is reserved by the Police Committee, in accordance with the recommendations of the Chief of Police and subject to the ratification by the governing body, to amend or to revoke any of the Rules and Regulations or add thereto, as the circumstances require.
All rules, regulations, procedures and orders previously issued contrary to those embodied in the Department Rules and Regulations adopted by the governing body by resolution dated February 13, 1991, are hereby revoked. All other rules, regulations, orders and procedures not in conflict with those contained in the aforesaid Rules and Regulations adopted on February 13, 1991, shall remain in force.