[Adopted 12-19-1994]
[Amended 3-17-1997 by Ord. No. 97-4]
There is hereby created in and for the Township
of North Brunswick, a Police Department (previously established in
1949 and revised in 1963) within the County of Middlesex, State of
New Jersey, pursuant to the provisions of N.J.S.A. 40A:4-118. This
article is intended to ratify the existence and operation of the Police
Department which has historically operated within and served the Township
of North Brunswick and at the same time satisfy statutory requirements
of the legislation as amended in 1981 and 1988.
[Amended 3-17-1997 by Ord. No. 97-4]
The Police Department shall preserve the peace;
protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Township of North
Brunswick; direct and control traffic; provide attendance at and protection
during emergencies; provide appearances in court; cooperate with all
other law enforcement agencies; and provide training for the efficiency
of its members and officers as well as perform all other duties and
fulfill all other responsibilities normally associated with the operation
of a Police Department.
[Amended 3-17-1997 by Ord. No. 97-4; 6-4-2001 by Ord. No. 01-12]
Said Police Department shall consist of one
Director of Police, one Chief of Police, one Deputy Chief of Police
and such Captains, Lieutenants, Sergeants, police officers and civilian
employees as deemed necessary and appropriate by the Director of Police
in his discretion and judgment with the approval of the Mayor and
Township Council. The Director of Police and/or Mayor and the Council
may, from time to time, leave one or more of the above positions vacant,
as they see fit. The express purpose for renaming these offices is
to establish a statutory line of authority from all police employees
to a higher elected authority. No personnel may be appointed to the
North Brunswick Police Department until they have satisfied all statutory
requirements and have complied with the selection process and standards
established by the rules and regulations adopted by the appropriate
authority to govern said Police Department.
[Amended 3-17-1997 by Ord. No. 97-4; 6-4-2001 by Ord. No. 01-12; 5-3-2021 by Ord. No.
21-06]
A.
Appropriate authority. The North Brunswick Police Department shall come under the jurisdiction of the appropriate authority, which is hereby created pursuant to N.J.S.A. 40A:14-118. Said appropriate authority shall be the Director of Police. In the absence of a Police Director the Municipal Business Administrator shall serve in the interim as the appropriate authority. The appropriate authority shall be directly responsible to the Mayor of the Township. The Director of Police or Municipal Business Administrator, in addition to those powers and duties enumerated in § 69-13 of this chapter, shall be responsible for the operation of the Police Department pursuant to policies established by said Director and shall be responsible for the promulgation, updating and/or ratification of the rules and regulations for police personnel which shall be known as the "rules and regulations for the Police Department of the Township of North Brunswick."
B.
Hearing
authority.
(1)
In
the event of any disciplinary proceeding against any member of the
Police Department of the Township of North Brunswick, the appropriate
authority or his/her designee shall be the sole hearing officer and
person in charge of all such proceeding.
(2)
Nothing
herein shall prevent the Director of Police or Municipal Business
Administrator from designating a hearing officer for the purpose of
conducting the hearing, receiving evidence, preparing a record and
submitting findings and a proposed recommendation of penalty to the
appointing authority established under the rules of the New Jersey
Department of Personnel and the provisions of Title 11 of the New
Jersey Statutes for a final determination of discipline.
C.
Charging
authority. Only the Chief of Police or his designee may initiate disciplinary
charges against any member of the Police Department pursuant to the
powers vested in said office by N.J.S.A. 40A:14-118.
[Added 3-17-1997 by Ord. No. 97-4]
A.
Any employee seeking to appeal disciplinary charges
shall do so in writing submitted to the Office of the Director of
Police. Said appeal shall be filed, in writing, within five business
days, not including Saturday, Sunday and legal holidays, from the
date said disciplinary charges were served upon the employee.
B.
The Director of Police or designee shall schedule
a hearing no sooner than 10 calendar days nor later than 30 calendar
days from the date of service of the charges upon the employee.
C.
Any preliminary notice of disciplinary action served
upon any employee shall contain the date, time and location of the
hearing on the charges.
No member or officer in the Police 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 Police Department's rules and regulations
(N.J.S.A. 40A:14-147).
[Amended 2-22-2022 by Ord. No. 22-03]
A.
No person
shall be appointed to the Police Department who is not qualified as
provided in the New Jersey statutes. The appropriate authority may
also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination
(N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127).
B.
An alternate
process, pursuant to N.J.S.A. 11A:4-1.3, allows for qualified applicants
to be exempt from examination for an entry-level law enforcement position
if the applicant has successfully completed within nine months from
the date of hire as a temporary entry-level officer a full Basic Course
For Police Officers training course at a school approved and authorized
by the New Jersey Training Commission.
[Amended 12-4-2023 by Ord. No. 23-20]
C.
No police
officer may be hired through the alternative process if any available
veteran or disabled veteran, as those terms are defined by N.J.S.A.
11A:5-1, remains on the most recent certified list of eligible for
appointment obtained from the New Jersey Civil Service Commission,
unless the person being hired using the alternative process is a veteran
or disabled veteran. For the purposes of this section and the alternative
hiring process, a veteran or disabled veteran who opted to defer eligibility
subsequent to the Township's receipt of the most recent certified
list of eligibles for appointment shall not be considered an available
veteran or disabled veteran.
D.
Any relatives
of the Mayor and Municipal Council members of the Township of North
Brunswick being hired through the alternative process must recuse
themselves from the hiring process. For the purposes of this section,
"relative" means a candidate's spouse or the candidate's or spouse's
parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent,
grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother,
stepsister, half-brother or half-sister, whether the relative is related
to the candidate or the candidate's spouse by blood, marriage or adoption.
The Mayor and Council of the Township of North
Brunswick may appoint from time to time special law enforcement officers
in accordance with New Jersey statutes for terms not exceeding one
year. They shall possess and exercise all the powers and duties provided
by said statutes during their term in office but shall not be continued
as regular members of the Police Department and shall not be entitled
to tenure. The Director of Police/Acting Chief may authorize special
law enforcement officers when on duty to exercise the same powers
and authority as regular members of the Police Department, including
the carrying of firearms and power of arrest (N.J.S.A. 40A:14-146.8
et seq.).
