[Adopted 7-22-1992 by Ord. No. 14-92]
As used in this article, the following terms
shall have the meanings indicated:
The Police Department of the Borough of Eatontown.
The Mayor and Council of the Borough of Eatontown.
The Committee appointed by the governing body with jurisdiction
over the Department.
The person designated by the governing body to be the Chairman
of the Police Committee.
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.
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.
