[Amended 3-15-2001 by Ord. No. 7-2001]
There shall be a Department of Law Enforcement.
The Department shall consist of a Division of Police and a Division
of Emergency Management Services.
The Director of the Department of Law Enforcement
shall be the Chief of Police, who shall be qualified by sufficient
training and experience in police and public safety administration
and management.
The Township Council is hereby designated as
the appropriate authority as that term is set forth in N.J.S.A. 40A:14-118.
A.
Director. The head of the Division of Police shall
be the Chief of Police. The Chief of Police shall be the head of the
police force, and he 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:
[Amended 3-12-2003 by Ord. No. 4-2003]
(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 his
direction and supervision; and
(5)
Report at least monthly to the appropriate authority
in such form as shall be prescribed by such authority on the operation
of the force during the preceding month, and make such other reports
as may be requested by such authority.
B.
Rules and regulations.
[Amended 3-12-2003 by Ord. No. 4-2003]
(1)
The Chief of Police shall, from time to time, make
such rules and regulations concerning the management of the Division
as he may find necessary for the proper regulation of the Division
and the same, when adopted and promulgated by the appropriate authority,
shall be binding upon each member or employee of the Division.
(2)
The appropriate authority of the Township of Washington
hereby adopts and promulgates the department rules and regulations,
known as the "Township of Washington, Department of Public Safety,
Division of Police, Rules and Regulations: The Police Manual." [1]
[1]
Editor's Note: The Police Manual, originally
adopted 4-1-1989 by resolution, was readopted 12-5-2002 by Ord. No.
24-2002.
(3)
In addition to the rules and regulations, the Chief
of Police shall formulate and institute policies and procedures concerning
the management of the Division as necessary for the proper regulation
and operation of the Division.
C.
Duties. The Division of Police shall perform all the
appropriate functions associated with and shall:
[Amended 3-12-2003 by Ord. No. 4-2003]
(1)
Preserve the public peace, prevent crimes, detect
and arrest offenders against the penal laws and ordinances effective
within the Township of Washington, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblies and preserve order at all
elections and public meetings and assemblages.
(2)
Enforce the laws and ordinances in effect within the
Township of Washington and prevent the violation of them by any person;
apprehend, arrest or summon persons lawfully charged with violations
of any law or ordinance for the suppression or punishment of crimes,
disorderly conduct or offenses.
(3)
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 make
rules and regulations not inconsistent with the charter, ordinance,
and general law for such purpose.
(4)
Administer and enforce laws and ordinances in force
within the Township in all cases where such administration and enforcement
is not vested in the exclusive jurisdiction of such municipal officers
as the Municipal Zoning Officer, Building Inspector, Plumbing Inspector
or Health Officer and cooperate fully with such officers.
(5)
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 state
or municipal licenses or permits.
(6)
Provide proper police attendance and protection at
fire scenes.
(7)
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.
(8)
Operate a training program to maintain and improve
the police efficiency of the members of the Division.
(9)
Maintain such police training programs as may be necessary
and proper for the efficient and effective organization and operation
of the police force.
(10)
Serve and execute processes issuing out of the Municipal
Court and have all the power and authority of constables of this state,
except as to the service of civil processes out of courts other than
the Municipal Court.
(11)
Cooperate fully with the law enforcement agencies
and prosecuting authorities of federal, state and county governments.
D.
Composition.
[Amended 10-27-2010 by Ord. No. 21-2010; 12-9-2015 by Ord. No. 19-2015]
(1)
The Division of Police shall consist of not more than 88 full-time
active-duty members. The table of organization shall be as follows:
[Amended 2-7-2018 by Ord.
No. 1-2018; 3-13-2019 by Ord. No. 10-2019]
(a)
Chief of Police: not to exceed one.
(b)
Captains: not to exceed three.
[Amended 1-19-2022 by Ord. No. 1-2022]
(c)
Lieutenants: not to exceed four.
[Amended 1-19-2022 by Ord. No. 1-2022]
(d)
Sergeants, which may include Detective sergeants, Sergeants
First Class and Detectives: not to exceed 14.
(e)
Police officers, which may include Police Officers First Class:
not to exceed 66.
(2)
The Division of Police may consist of as many of the following part-time
positions as deemed necessary by the appropriate authority:
(3)
All appointments to any position shall be made by the appropriate
authority according to law. In instances where membership exceeds
the above limitations, the staffing shall be reduced through attrition.
E.
Promotions. All promotions in the Police Department
will be by the appropriate authority upon recommendation from the
Chief of Police.
[Amended 12-9-2015 by Ord. No. 19-2015]
F.
Special law enforcement officers.
(1)
Creation of position. The appropriate authority, as
it deems necessary, shall appoint special law enforcement officers
sufficient to perform the duties and responsibilities permitted by
the Code of the Township of Washington and authorized by N.J.S.A.
40A:14-118. No such appointment shall be made until the Chief of Police
or, in the absence of the Chief, the chief law enforcement officer
designated by the Chief of Police, shall have certified, in writing,
that an applicant for the position of special law enforcement officer
is both eligible and qualified to hold the position.
[Amended 12-9-2015 by Ord. No. 19-2015]
(2)
Qualifications.
[Amended 3-12-2003 by Ord. No. 4-2003]
(a)
No person may be appointed as a special law enforcement
officer unless such person:
[1]
Is a resident of the State of New Jersey during
the term of the appointment.
[2]
Is able to read, write and speak the English
language well and intelligently and has a high school diploma or its
equivalent.
[3]
Is sound in body and of good health.
[4]
Is of good moral character.
[5]
Has not been convicted of any offense involving
dishonesty which would make him/her unfit to perform the duties of
the office of special law enforcement officer.
[6]
Has successfully undergone the same psychological
testing that is required of all full-time police officers.
[7]
Complies with all other requirements set forth
in N.J.S.A. 40A:14-146.8 et seq., the administrative rules and regulations
of the Division of Police and the general ordinances of the Township
of Washington.
(b)
Township residents shall receive a preference.
(3)
Classification. Special law enforcement officers shall
be classified as belonging to either Class One or Class Two, based
upon the duties to be performed by each class, as follows:
(a)
Class One. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties
as may be assigned by the Chief of Police or, in the absence of the
Chief, the law enforcement officer designated by the Chief of Police.
Class One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of Township
ordinances and violations of N.J.S.A. 39:1-1 et seq. The use of a
firearm by a Class One special law enforcement officer shall be strictly
prohibited. No Class One officer shall be assigned any duty which
may require the carrying or use of a firearm.
(b)
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 a Class Two special law enforcement officer may be authorized only
after the officer shall have been fully certified as successfully
completing training, as prescribed by the Police Training Commission
established in the Department of Law.
(4)
Training course. No person shall commence duties as
a special law enforcement officer until having successfully completed
a training course approved by the Police Training Commission. In addition,
no Class Two special law enforcement officer shall be issued a firearm
prior to having successfully completed the basic firearms course required
by the Police Training Commission for permanent, regularly appointed
police and annual requalification examinations.
(5)
Persons ineligible for appointment. No person shall
be eligible to serve as a special law enforcement officer in the Township
if that person intends to serve as a special law enforcement officer
in another municipality; nor shall any permanent, regularly appointed
full-time police officer be permitted to simultaneously serve as a
special law enforcement officer in the Township. No public official
with responsibility for setting law enforcement policy or exercising
authority over the budget of the Township or supervision over the
Division of Police shall be appointed as a special law enforcement
officer.
(6)
Powers and authority. The Chief of Police or, in the
absence of the Chief of Police, such other law enforcement officer
designated by the Chief may authorize special law enforcement officers
when on duty to exercise the same powers and authority as permanent,
regularly appointed police officers, including, but not limited to,
the carrying of firearms and the power of arrest, subject to the rules
and regulations, not inconsistent with the certification requirements
of N.J.S.A. 40A:14-146.8 et seq., as may be established pursuant to
the Code of the Township of Washington.
(7)
Appointment; term; revocation. A special law enforcement
officer may be appointed for a term not to exceed one year. The powers
and duties of a special law enforcement officer shall cease at the
expiration of the term to which the special law enforcement officer
shall have been appointed. At the expiration of such term, the appropriate
authority shall have the absolute discretion in determining whether
to reappoint. The appointment of a special law enforcement officer
may be revoked by the appropriate authority for cause, after a hearing,
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing.
[Amended 12-9-2015 by Ord. No. 19-2015]
(8)
Duty times. A special law enforcement officer shall
be deemed to be on duty only while performing the public safety functions
on behalf of the Township pursuant to N.J.S.A. 40A:14146.8 et seq.,
and when receiving compensation, if any, from the Township, at the
rates or stipends as established by ordinance. A special law enforcement
officer shall not be deemed to be on duty while performing private
security duties for private employers, which duties are not assigned
by the Chief of Police or his/her designee, or while receiving compensation
for such duties from a private employer. A special law enforcement
officer may, however, be assigned by the Chief of Police or his/her
designee to perform public safety functions for a private entity if
the Chief, or his/her designee, supervises the performance of the
public safety functions. If the Chief of Police, or his/her designee,
assigns a public safety duty and supervises the performance of those
duties, then, notwithstanding that the Township is reimbursed for
the cost of assigning a special law enforcement officer at a private
entity or function, the special law enforcement officer shall be deemed
to be on duty.
(9)
Supervision; conduct. A special law enforcement officer
shall be under the supervision and direction of the Chief of Police,
or his/her designee, and shall perform all duties solely within the
Township, unless in fresh pursuit of any person pursuant to N.J.S.A.
2A:156-1 et seq. A special police officer shall comply with the rules
and regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Township, as well as all
rules and regulations applicable to the conduct and decorum of special
law enforcement officers.[2]
[2]
Editor's Note: Former Subsection F(10), Number of special
law enforcement officers, which immediately followed this subsection,
was repealed 12-9-2015 by Ord. No. 19-2015.
G.
Duties of police officers.
(1)
All members of the Division of Police shall perform
all duties provided by law and any further duties as directed by the
Chief of Police, or his/her designee.
(2)
All police officers shall render aid to all distressed,
injured, infirm and sick persons.
(3)
All police officers shall have the power and it shall
be their duty to keep order in all public places of this Township;
to prevent, restrain and suppress any riot, row, disturbance, disorderly
assembly or breach of the peace in any street, alley or house of the
Township; and to restrain vagrants, mendicants and street bargainers.
(4)
All police officers shall have the power, and it shall
be their duty, to enforce all ordinances of the Township of Washington.
(5)
All members of the Division of Police shall have the
power and authority to serve and execute all processes issuing out
of the Municipal Court and shall have all the power and authority
of constables of the state, except as to the service of civil processes
out of the courts other than the Municipal Court.
(6)
Each police officer shall devote his/her whole time
and attention to the services of the Division. Although certain hours
may be allotted for the performance of regular tours of duty, officers
are considered at all times available for duty and must act promptly
at any time their services are required, except when on authorized
leave or in the event of disability.
(7)
Duties of police officers are also referred to in
the rules and regulations.
H.
Discipline; removal and hearings. Each permanently
employed member of the Division of Police shall hold office during
good behavior and efficiency and shall not be suspended, removed,
fined or reduced from office or employment therein for political reasons
or for any cause other than incapacity, misconduct or disobedience
of rules and regulations established for the government of the Division,
and then only after a hearing.
I.
Fees for copies of police documents.
(1)
The fees and charges set forth in Chapter 80, Fees, of this Code are hereby established for copies of photographs, reports and other documents to be furnished by the Division of Police.
(2)
All fees and charges established by this subsection
shall be collected by the Division of Police, which shall issue consecutively
numbered receipts therefor in duplicate. The original receipt shall
be delivered to the applicant. At least monthly, the second copy of
all such receipts, together with all fees so received, shall be delivered
to the Township Treasurer.
(3)
The copies of the receipts issued hereunder shall
be retained by the Treasurer until such time as they shall be ordered
destroyed by the Council or by the Township auditor.
(4)
Nothing herein contained shall prevent any person
from examining and making copies of any public record, not otherwise
restricted, without charge.
(5)
Nothing herein contained shall be construed as giving
to anyone the right to obtain copies of photographs, information,
statements or reports when, in the opinion of the Chief of Police,
the same should be restricted and held as confidential in the interest
of justice. In any such case, a restriction may be lifted by an order
of a court of competent jurisdiction or by the written order of the
Attorney General, the County or Township Prosecutor or the Director
of Public Safety.
(6)
No charge shall be made for copies of photographs,
reports, statements of other documents which the police shall be required
to give or make to any public officer or law enforcement authority
or which may be given to aid any public or law enforcement authority
in the enforcement of the law.
A.
Emergency Management Council.
(1)
Organization. There shall be within the Department
of Law Enforcement an Office of Emergency Management, the head of
which shall be known as the Emergency Management Coordinator. There
shall be a local Emergency Management Council composed of not more
than 15 members, who shall be appointed by and hold office at the
will of the Mayor.
(2)
Powers and duties.
(a)
The Emergency Management Council shall assist the
Township in establishing the various local volunteer agencies needed
to meet the requirements of all local emergency management activities,
in accordance with rules and regulations established by the Governor
in pursuance of the provisions of N.J.S.A. App. A:9-30 et seq. The
local Emergency Management Council is authorized, within the limits
of appropriations, to establish an adequate organization to assist
in supervising and coordinating the emergency management activities
of the Township.
(b)
It shall be lawful for the members of the local Emergency
Management Council also to be members of other agencies created because
of any emergency.
B.
Township Emergency Management Coordinator.
(1)
Appointment; term. The Mayor shall appoint a Township
Emergency Management Coordinator who shall serve for a term of three
years. The Emergency Management Coordinator shall serve as Chairperson
of the local Emergency Management Council.
(2)
Qualifications. As a condition of appointment and
continuance in office, the Emergency Management Coordinator shall
have successfully completed, at the time of appointment or within
one year immediately following appointment, the current approved Home
Study Course and the Basic Emergency Management Workshop. The failure
to fulfill such requirement within the period prescribed shall disqualify
the Coordinator from continuing in the office of Coordinator, and
thereupon a vacancy in such office shall be deemed to have been created.
(3)
Powers and duties. The Emergency Management Coordinator
shall be responsible for the planning, activating, coordinating and
the conduct of emergency management operations within the Township.
Whenever, in the opinion of the Coordinator, a disaster has occurred
or is imminent in the Township he/she shall proclaim a state of local
disaster emergency within the Township. The Emergency Management Coordinator,
in accordance with regulations promulgated by the State Director of
Emergency Management, shall be empowered to issue and enforce such
orders as may be necessary to implement and carry out emergency management
operations and to protect the health, safety and resources of the
residents of the Township.
[Added 10-28-2020 by Ord.
No. 11-2020; amended 9-22-2021 by Ord. No. 18-2021; 10-12-2022 by Ord. No. 20-2022]
Officers of the Township Police Department shall be permitted
to perform police-related services for private persons or entities,
subject to the following conditions:
A.
All such work performed by the police officer shall be in his/her
official capacity as an employee of the Township Police Department
and subject to its supervision and control.
B.
The police officer shall be paid for these services by the Township
Police Department at a rate of pay determined for such police-related
work.
C.
The private person or entity shall execute a contract with the Township
of Washington, which shall include but not be limited to the location
where the services are to be performed, the dates and hours of services,
and the rate to be paid to the Township of Washington for providing
said police services.
D.
All monies received by the Township of Washington for said police
services as aforesaid shall be placed in a designated appropriation
account established for this purpose. All disbursements related to
these services shall be made from this account to the Township of
Washington for administration purposes and the respective police officer
for said services performed.
E.
All payments to be made from the designated appropriation account
shall be paid to the police officer on the regular pay dates and based
on the submission of a voucher approved by the Township Police Chief
or his designee.
F.
The rate of payment for such police services shall be at the following
rates:
G.
The Township Chief of Police or his designee shall bill the private
person or entity for all such services performed based on the rate
established herein.
H.
The Township Chief of Police or his designee shall establish the
procedure for assigning police officers to such duty referenced in
this section pursuant to intradepartmental policy as established by
the Police Department.
I.
No Township police officer shall engage in any employment for police-related
services with any private person or entity except in the manner established
pursuant to this section.
