A. 
A Police Department of the Borough of Sea Bright is hereby established.
B. 
The Borough Administrator is hereby designated the "appropriate authority" as defined by the laws of the State of New Jersey and the ordinances of the Borough of Sea Bright. The power vested in the Borough Administrator shall include all responsibilities of the appropriate authority in governing the efficient work of the police force and all other powers under law.
C. 
Pursuant to N.J.S.A. 40A:14-118, the Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority, who shall be the Borough Administrator of the Borough of Sea Bright for its efficiency and day-to-day operations.
[Amended 5-6-2014 by Ord. No. 7-2014]
A. 
Department Director of Public Safety. There shall be a Department of Public Safety, the head of which shall be the Director of Public Safety. Unless and until the Council shall authorize by resolution the appointment of a separate Director, the Chief of Police shall serve as Director of Public Safety. Any additional compensation shall be governed by the Salary Ordinance.[1] The Director shall be responsible for the proper and efficient conduct of the Borough Fire Department, the Sea Bright Division of First Aid, the Division of Police and the Division of Water Safety. The Director shall supervise and direct the work of the Department and shall provide such technical and other assistance necessary to all other departments for their proper functioning. Subject to the supervision and direction of the Borough Administrator, the Director shall administer the work of the Department through such divisions and bureaus as are authorized by the Code or other ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices; see Ch. 45, Salaries and Compensation.
B. 
Divisions. Within the Department of Public Safety, there shall be a Division of Fire, Division of First Aid, Division of Police and the Division of Water Safety.
C. 
The Police Department shall consist of a Chief of Police, Deputy Chief of Police, Captain, Lieutenant, Sergeants, Corporal and such patrol officers as the Mayor and Council may from time to time designate. All of the above ranks need not be occupied, and appointments are to be made by the Mayor and Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
No person shall be appointed as regular officer of the Police Department unless he/she has met all qualifications as prescribed by the statutes of New Jersey in such case made and provided.
B. 
Is a citizen of the United States and a resident of New Jersey and at least 18 years of age.
C. 
Is sound in body and of good health sufficient to satisfy the board of trustees of the police and firemen's retirement system of New Jersey as to his/her eligibility for membership in the retirement system. All applicants shall submit to an examination by the Borough Physician.
D. 
Is able to read, write, and speak the English language well and intelligently.
E. 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.
F. 
Applicants shall be required to take an examination prepared and held under the auspices of the Monmouth County Association of Chiefs of Police.
G. 
Applicants shall be required to have their fingerprints taken and complete background investigation.
H. 
Appointment of a patrol officer to the Police Department is for a probationary period of one year after he/she has completed an approved police training class for a recruit. Continuation in the service is dependent upon the conduct of the appointee and his/her fitness to perform his/her duties. At the termination of the probationary period, if the conduct or capacity of the probationer has not been satisfactory, he/she shall be notified in writing that he/she will not receive absolute appointment, and his/her services shall be terminated by the Mayor and Council upon recommendation of the Chief of Police without a trial. The probationary period may be extended up to one year in order to comply with the mandatory training required under N.J.S.A. 52:17B-69, or for other reasons deemed appropriate by the Chief of Police.
I. 
In addition to the qualifications set forth in this section, the Borough may require other qualifications that will be set forth in the Department hiring policy.
The Sea Bright Police Department shall come under the jurisdiction of the appropriate authority, which is hereby created pursuant to N.J.S.A. 40A:14-118. The Borough Administrator is designated as the appropriate authority pursuant to § 39-1B of the Code of Sea Bright and by Ordinance No. 2-2009. The Chief of Police shall be directly responsible to the appropriate authority for reporting upon the operations of the Police Department. 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 that shall be known as the rules and regulations for the Sea Bright Police Department.
A. 
Chief of Police.
(1) 
The Chief of Police shall be directly responsible for the conduct of the Police Department and, in his absence or disability; the next ranking officer of the Department will assume this responsibility. He/she shall see that all of the laws of the state and ordinances of this Borough are enforced and at all times shall be held responsible for the proper conduct of the Department and the efficient and effective operation thereof.
(2) 
The Chief of Police shall have the power to relieve from duty any member of the Police Department for violation of any rule governing the Department until the complaint and charge against such member shall be disposed of by the appropriate authority by established disciplinary process.
(3) 
Limitations on disciplinary actions. Whenever it shall appear to the satisfaction of the Chief of Police that any member has committed a minor infraction against this article or any other rule, regulation or lawful order governing the members of the Department and that, in his/her opinion, it is not worthy of suspension or the filing of formal written charges outlined above, the Chief may then proceed with disciplinary action as he/she deems necessary under the circumstances, provided that said action does not exceed the following limitations and, further, that same does not conflict with any existing statutes of this state.
(a) 
The loss up to, but not exceeding, five days off, including vacation, personal days, or holiday pay, any hour units of any accrued overtime.
(b) 
If an accused member of the Department disputes the charges, the Mayor and Council shall appoint a hearing officer to fix a time and place of hearing.
(c) 
The Chief of Police shall have the power to assign any and all members of the police force to his/her or their respective duties and to require any member or members to perform any such assigned duty or duties.
(d) 
The Chief of Police is empowered to issue to the police force any order not inconsistent with state law, Borough ordinance, rules and regulations that will expedite the work, aid discipline or add to the usefulness or efficiency of the Department.
(e) 
The Chief of Police shall furnish to the appropriate authority monthly and yearly reports of the Department.
(f) 
The Chief of Police shall have under his/her control all reports, records and property of the Police Department. He/she may designate any member of the Department to prepare these reports and keep and maintain the records in such manner as he/she may prescribe, as well as to take charge of such property coming into the custody of the Department. He/she shall also be in charge of keeping up-to-date service records of all personnel in the Police Department.
(g) 
The Chief of Police shall see that all persons connected with the Department are properly instructed in their duties and shall give particular attention to the training and instruction of new members thereof. He/she shall be authorized to select any member to attend any recognized police school to learn modern methods of police work.
(h) 
The Chief of Police shall certify to the correctness of all its bills for work done for the Police Department for merchandise, supplies and goods furnished to the Department and of all bills of every kind and description which may be submitted.
(i) 
The Chief of Police shall, without waiting for specific instructions, establish any required details or assignments for the preservation of peace, the protection of life or property or the guarding of prisoners at any place. He/she is expressly required to see to it that all complaints are properly investigated, arrests made where possible and necessary, and to take appropriate action in order to suppress crime, vice and gambling.
(j) 
The Chief of Police shall be held responsible for the preservation of the public peace, the protection of the life and property and the prevention and detection of crime within the Borough. He/she shall be vigilant in enforcing all the laws and ordinances of the Borough of which the Police Department takes cognizance, paying special attention to the suppression of crime against persons or property, gambling, prostitution and vice of any kind.
(k) 
The Chief of Police, in the exercise of his/her duties, shall have the power to prescribe, promulgate and enforce such orders, rules and regulations which shall be written or printed, and all members of the Department shall observe and obey them. He/she shall keep a record of all orders issued by him/her.
(l) 
The Chief of Police is also empowered to enter into any necessary agreements with other townships and municipalities within the State of New Jersey to effectuate the intent and purpose of police aid in times of emergency, as provided under the New Jersey Revised Statutes, N.J.S.A. 40A:14-26 and 40A:14-156.
B. 
Deputy Chief of Police.
(1) 
At such time, for such term and in such event as the Police Committee shall determine advisable, and upon approval of the Council, the position of Deputy Chief may be filled by an individual approved by the Mayor and Council.
(2) 
The position of Deputy Chief shall be superior to all other positions within the Police Department, except for the position of Chief.
(3) 
When filled, the position of Deputy Chief shall be directly and solely responsible for duties as directed by the Chief of Police.
(4) 
In the absence or incapacity of the Chief, the Deputy Chief shall assume all of the duties and responsibilities of Chief as set forth in Subsection A hereof.
(5) 
Such individuals as shall be appointed to Deputy Chief shall receive salary compensation as approved by ordinance of the Mayor and Council.
C. 
Captain.
(1) 
At such time, for such term and in such event as the Police Committee shall determine advisable, and upon approval of the Council, the position of Captain may be filled by an individual approved by the Mayor and Council.
(2) 
It shall be the duty of the Captain to assist the Chief of Police in the performance of his/her duties, and he/she shall have such hours of active duties, as may be prescribed by the Chief of Police.
(3) 
In the absence of the Chief of Police and Deputy Chief, the Captain shall assume immediate command of the Police Department and shall serve in the capacity of acting Chief of Police until the Chief shall return to duty or until otherwise directed by the appropriate authority. During such services as acting Chief of Police, the Captain shall have all the responsibilities, duties, powers and authority of the Chief of Police unless otherwise prohibited or in conflict with the statutes of the State of New Jersey.
(4) 
He/she shall at all times keep himself/herself well informed on all matters within the Department or coming to the attention of the Police Department and shall bring all matters of importance to the direct attention of the Chief of Police.
(5) 
It shall be the duty of the Captain to supervise the establishment and maintenance of all necessary records and filing systems to adequately provide for the proper needs of all branches and members of the Department.
D. 
Superior officers generally.
(1) 
All superior officers shall set an example to all subordinates in sobriety, dignity, courtesy, discretion, skill and diligence and the observance of proper discipline, and at all times appear neatly attired, clean in person and equipment.
(2) 
Superior officers shall not borrow or accept money or gifts of any description from a member of the Department subordinate in rank or permit a subordinate to engage in work of a personal nature for him/her without compensation.
(3) 
Superior officers shall control and command. Should there be failure or neglect in the execution of any responsibility by a subordinate, it is incumbent upon the superior officer to recommend the disciplining of such subordinate in writing.
(4) 
They shall exercise authority in the Department with firmness, kindness and justice; sustain their subordinates when they can do so consistently; and avoid, as far as circumstances may permit, disciplining them in presence of others.
(5) 
They shall frequently check to see that all subordinates are properly informed of all orders, directives and any other information necessary to the proper performance of their duties. They shall assist all other members in every way possible.
(6) 
Superior officers shall act as shift supervisors and are immediately responsible to the Chief for the proper supervision and control of all subordinate members assigned to their shift.
(7) 
Superior officers, while performing the duties as shift supervisors, shall:
(a) 
Supervise, assign, inspect, check, direct and assist all subordinates in the performance of their assigned activities and functions.
(b) 
Enforce rules, regulations, orders and instructions.
(c) 
Report to the Chief or, in his/her absence, to the ranking officer designated by the Chief, any major crime, any grave, unusual or important development, any procedural or operational delinquency and any member who is unfit for duty or who is not ready, able willing to perform his/her duty.
(d) 
Require and ensure the submission of reports by members under their supervision.
(e) 
Assign and inspect patrol cars.
(f) 
Personally and immediately notify the Chief of serious injury to officers on duty.
(g) 
Personally investigate motor vehicle accidents involving patrol vehicles and, in the absence of investigation unit personnel, investigate serious crimes.
(h) 
Check members assigned to their shift for personal appearance, uniform and fitness for duty.
(i) 
Provide for the supervision and direction of school crossing guards.
(j) 
Evaluate all departmental delinquencies coming to their attention and inform the Chief of such delinquencies, with their recommendations in writing as to the training to be given, the instructions to be issued and the procedures to be followed to ensure efficiency in operations.
(k) 
Every supervisor will provide for the proper training and instruction of all members in the procedures, operations and business of the Department. Members of the patrol unit shall be trained to replace each other without loss of efficiency.
E. 
Detective. It shall be the primary duty of the Detective to take charge of all local investigations and multi-jurisdiction investigations involving the Borough of Sea Bright, reporting directly to the Chief of Police. The Detective shall have such hours of active duty as may be prescribed by the Chief of Police and as dictated by casework requirements and shall be exempt from the right to decline shift changes due to casework needs.
F. 
Patrol officers. Police officers are responsible for performing a variety of duties related to the protection of life and property, enforcement of criminal and traffic laws, prevention of crime, preservation of the public peace and the apprehension of criminals. They will perform these duties as prescribed in Department orders and as directed by their supervisors.
A. 
The Mayor and Council shall appoint special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq.
B. 
Special law enforcement officers shall act in compliance with N.J.S.A. 40A:14-146.8 et seq., the ordinances of the Borough of Sea Bright and the orders of the Chief of Police or other duly constituted authority.
C. 
The number of Class I members shall not exceed 10. The number of Class II members shall not exceed 10.
D. 
Class I and Class II members shall be empowered to issue summonses for those offenses specified in N.J.S.A. 40:A 14-146.11
E. 
All issued police property shall be immediately returned to the Chief of Police upon termination or other cessation of employment.
F. 
The Borough is hereby designated a "resort municipality."
A. 
The hours of work, rates of pay, benefits, etc., of the members of the police force shall be determined by the statutes of New Jersey, the ordinances of the Borough of Sea Bright and the contract agreed upon by the Mayor and Council and representatives of the members of the police force.
B. 
No member of the Police Department shall be promoted to or hold any superior rank until he/she shall have served at least three years in the Department as a regular member.
C. 
Every regular member shall submit to a thorough physical examination annually. In addition, each member of the Department is hereby charged with the duty of notifying the Chief of Police, or in the case of the Chief, notifying the appropriate authority, of any accident resulting in the injury to him/her or any other illness suffered by him/her and the nature and extend of the same, and if ordered by the Chief of Police or appropriate authority, such member shall submit to a physical examination by a physician designated by the Chief of Police or appropriate authority for determination as to his/her fitness for service.
D. 
Members shall not engage in any other employment outside the Department without first obtaining permission from the Chief of Police. However, any member while under suspension from the Department without pay, if so authorized by the Chief of Police or Appropriate Authority, may engage temporarily in another employment.
The Police Department rules and regulations and the standard operating procedures are on file with the Chief of Police and in the office of the Borough Administrator/Borough Clerk and available to Department members.
A. 
Any member of the Police Department who shall fail to observe and carry out such standards required to promote efficiency and discipline in the Department shall be guilty of violation of this section and shall be subject to punishment in the following manner:
(1) 
Upon receipt of any charge or complaint against any member of the Police Department for violation of the terms of this section and the rules and regulations as set forth herein or of conduct to the prejudice of good order, efficiency or discipline the investigation of such Department member will be conducted in accordance with New Jersey State Attorney General's guidelines.
(2) 
The Mayor and Council will designate a hearing officer who shall fix a time and place for the hearing on said charges and give due notice thereof through the appropriate authority to the accused officer and the complainant. At the time and place set, the hearing officer shall proceed to hold an open and fair hearing or trial, examine witnesses under oath and keep a record of the evidence employing a competent stenographer if deemed necessary. Both complainant and defendant may be represented by counsel.
(3) 
The hearing may be adjourned from time to time if necessary, but not so as to unduly delay decision. At the close of the hearing, the hearing officer shall review the evidence and determine the guilt or innocence of the defendant. If the defendant shall be found guilty, then a majority vote of the Mayor and Council present shall fix the penalty. The penalty may be, according to the nature and flagrancy of the offense, dismissal from the force, and suspension without pay for a period of not more than 90 days, a fine of not more than thirty days' pay, demotion or reprimand.
(4) 
Notice given of said hearing and the conduct of the same shall conform to all the regulations laid down by the laws of the State of New Jersey.
B. 
Upon being suspended from duty, a member of the Department shall promptly surrender, if directed by the Chief of Police all property of the Department which may be in his/her possession, which articles shall be retained by the Police Chief and returned to such member upon his/her relief from suspension or his/her restoration to duty. During the period of such relief from duty, the relieved member shall not wear a police uniform.