Township of Pohatcong, NJ Article IX Department of Public Safety

[Amended 2-11-1992 by Ord. No. 92-10]

§ 4-45 Departmental administration; divisions.

A. Under the supervision of the Mayor as chief executive, there shall be a Department of Public Safety, the Director of which shall be a member of the Township Council and appointed by the Mayor with the consent of Council. Within the Department there shall be the following divisions:

(1) Fire Department.

(2) Police Department.

(3) Emergency Management.

B. Duties of appointees.

(1) The Director of Public Safety shall be the administrative head of the Department. He shall:

(a) Represent the divisions within the Department before the Council.

(b) Assist division heads in long-range planning.

(c) Assist division heads in budget preparation.

(d) Inform division heads of matters which may affect the performance of their division.

(e) Report to the Council on expenditures and on operations.

(f) Assist division heads in the preparation of division bylaws and operating regulations and present such bylaws and regulations to the Council.

(g) Engage in the formulation of policy concerning the operations of the divisions.

(h) Perform such other duties as are assigned to department heads generally by this chapter.

(i) To act as hearing officer for all matters dealing with suspensions, demotions or monetary penalties against any member of the Pohatcong Township Police Department.

(2) In the event that the position of Chief of Police becomes vacant, the Director of Public Safety will assume, except as otherwise provided by law, all the powers of the Chief of Police.

§ 4-46 Police Department.

[Amended 12-21-2004 by Ord. No. 04-43]

A. Establishment of Police Department.

(1) There is hereby created in and for the Township of Pohatcong a Police Department within the County of Warren, State of New Jersey, pursuant to the provisions of N.J.S.A. 40A:14-118, et seq. This section is intended to ratify the existence and operation of the Police Department, which has historically operated within and served the Township of Pohatcong, and at the same time satisfy statutory requirements of current New Jersey law.

(2) The members of the Pohatcong Township Police Department, as presently constituted as of the date of adoption of this section, are hereby continued in their respective offices or positions; and the salaries established by the Salary Ordinance now in effect shall prevail; and nothing contained in this section shall be considered as affecting the status, rank, tenure or any rights heretofore acquired by any member of the existing Department.

B. Statement of goals and objectives. 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 Pohatcong; 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.

C. Composition and chain of command. Said Police Department shall consist of one Chief of Police and no more than four Lieutenants, eight Sergeants, and 16 police officers, who shall be appointed or promoted, as the case may be, by the Township Council as it deems appropriate. The Township Council shall also have the authority to appoint special law enforcement officers and civilian personnel to the Police Department as it deems necessary and appropriate. The Township Council may, from time to time, leave one or more of the above positions vacant, as it deems appropriate in the best interests of the Township. The express purpose for identifying these offices is to establish a statutory line of authority from all police employees to a higher elected authority. Whenever any such office is intentionally left vacant, it will be deemed not to exist and it will be passed in the chain of command. The Township Council may therefor recreate or resurrect an office that has been so abolished by naming a person to fill said office. No personnel may be appointed to the Pohatcong Police Department until they have satisfied all statutory and New Jersey Department of Personnel requirements and have complied with the selection process and standards established by the rules and regulations adopted by the Township Council to govern said Police Department. No police officers shall be appointed to the Pohatcong Police Department until they have successfully completed physical, mental and psychological examinations. In the event that the abolishment of an office results in a decrease in the members of the Police Department or demotion in rank, any termination or demotion shall be in the inverse order of appointment pursuant to and for the reasons established by N.J.S.A. 40A:14-143. Any promotions shall take into account due consideration of the length and merit of service of existing members of the Department as required by N.J.S.A. 40A:14-129.

[Amended 10-20-2009 by Ord. No. 09-17]

D. Appropriate authority. The appropriate authority is hereby designated as the Pohatcong Township Council. The line of authority in the Police Department shall be as follows:

[Amended 10-20-2009 by Ord. No. 09-17]

(1) Pursuant to N.J.S.A. 40A:14-118, the appropriate authority presiding over the operation of the Police Department is the Township Council. The Chief of Police and all other members of the Police Department are under the authority of the Township Council. The Township Council shall be responsible for the overall performance of the Police Department, including the promulgation and adoption of the rules and regulations for the government of the Police Department and for the discipline of its members. The Council shall have the authority to establish policies and administrative direction and to issue, and amend as necessary, rules and regulations.

(2) The Township Council shall select one member among them to serve on a yearly basis as Director of Public Safety, who shall serve as liaison between the Police Department and the Council.

E. Police Department rules and regulations.

(1) The Chief of Police, in conjunction with the Director, shall be responsible for the periodic review and update 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 Pohatcong. Said rules and regulations shall be in manual form and shall govern the conduct of and be binding upon the entire membership, sworn officers and civilian employees of the Police Department. The rules and regulations shall be promulgated and adopted by the appropriate authority.

(2) Each sworn officer and each civilian employee shall be given a copy of same and is duty bound to be thoroughly familiar with the provisions of the rules and regulations and the policies and procedures of the Police Department.

(3) The Chief of Police shall have the authority to issue written directives, policies and procedures with respect to the day-to-day operational conduct of the Police Department as well as the delegation of such of his authority as he may deem necessary to delegate from time to time for the efficient operation of the Police Department.

F. Hearing authority.

[Amended 10-20-2009 by Ord. No. 09-17]

(1) The appropriate authority, or his/her designee, shall sit as hearing officer for the Township on any complaint against a permanent or probationary police officer charging violation of N.J.S.A. 40A:14-147, or N.J.A.C. 4A:2-2.3, or violation of the internal rules and regulations of the Police Department, which complaint seeks to suspend for more than five days, demote or terminate a police officer.

(2) In the event the appropriate authority does not act as hearing officer, the individual so designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the appropriate authority, who shall make the final determination. The appropriate authority’s decision shall be reviewable as provided by N.J.A.C. 4A:2-2.8, as amended from time to time, or, for minor discipline, through a collective negotiations agreement procedure. In the event an individual not employed by the Township is considered by the appropriate authority to act as the hearing officer, the alternate hearing officer shall be appointed by the Township Council.

(3) The Chief shall have the authority to counsel officers, issue reprimands and suspend or fine officers for up to five days without the matter coming before the appropriate authority, except that any proposed suspension must comply with N.J.S.A. 40A:14-147 and provide the officer with an opportunity for a hearing prior to imposition of the penalty. Officers who are suspended for five days or fewer may appeal the discipline to the Township Council in accordance with the grievance procedure in the PBA collective bargaining agreement.

(4) The Township Council shall have the authority to initiate discipline against the Chief of Police.

(5) All disciplinary proceedings shall comply with applicable law and regulations.

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, Charging authority, was repealed 10-20-2009 by Ord. No. 09-17.

H. Emergency directives. Nothing contained herein shall infringe upon or limit the duty and authority of the Township Council, or its designee, including, but not limited to, the Chief of Police, to act to provide for the health, safety and welfare of the municipality in an emergency through special emergency directives pursuant to the provisions of N.J.S.A. 40A:14-118 and 40A:14-146.9.

I. Civilian employees. The Township Council shall, in its discretion and in consultation with the Chief of Police, appoint civilian members to the Police Department. Said civilian employees will provide dispatch services, clerical duties and logistical services in support of the Police Department and shall perform other duties as directed by the Chief of Police. Civilian members of the department shall be governed by the policies and rules and regulations of the Department.

J. Appointment and qualifications.

(1) All appointments to the Police Department shall be made by the Township Council through appropriate resolution.

(2) No person shall be appointed as a sworn officer of the Police Department unless he or she:

(a) Is a citizen of the United States.

(b) Is not less than 21 nor more than 35 years of age in the case of a new hire or 45 years of age in the case of a lateral hire.

(c) Is sound of body and of good health sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey that such applicant or appointee is eligible to membership in the retirement system.

(d) Passes such medical and psychiatric examinations as are directed and requested by the Mayor and Council or the Chief of Police, under their direction.

(e) Is able to read, write and speak the English language well and intelligently.

(f) Is of good moral character and has not been convicted of any crime involving moral turpitude.

(g) Has served a probationary period not to exceed one year, in accordance with N.J.S.A. 52:17B-68, following his/her successful completion of a course at a qualified school recognized and approved by the New Jersey Police Training Commission.

[Amended 10-20-2009 by Ord. No. 09-17]

(h) Has a valid New Jersey driver's license.

(i) Has a high school diploma.

(j) Has not been convicted of any crime based upon a criminal background investigation.

(3) Residents of the municipality and veterans that are duly qualified shall be accorded preferences as provided by law.

(4) The appointment of a sworn officer to the Police Department shall be made by the Township Council from a list prepared by the New Jersey Department of Personnel after competitive examination and with special reference to the fitness of the candidates. Before any permanent appointments are made, the candidates shall submit themselves to such examination as may be required by the N.J. Department of Personnel.

K. Police services. Police services shall be available 24 hours per day, seven days per week.

L. Duties of Chief of Police. The Chief of Police shall be the executive head of the Police Department and shall be directly responsible to the Director and Township Council for its efficiency and day-to-day operations. Pursuant to rules and regulations established by the appropriate authority, the Chief of Police shall be responsible for the day-to-day operation of the Department, including but not limited to:

(1) Administer and enforce the rules and regulations of the Police 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 Police Department;

(3) Administer and enforce the rules and regulations adopted by the appropriate authority;

(4) Prescribe the duties and assignments of all members and officers;

(5) Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control;

(6) Report at least monthly to the Director and make such other reports to the Director and/or Township Council as may be requested; and

(7) Maintain a graphic Table of Organization to show the divisional structure of the Police Department. The function and duties of each position in the Table of Organization shall be defined by policies established by the Chief of Police.

M. Progressive discipline. The Township Council does hereby incorporate a Table of Progressive Discipline set forth in the rules and regulations for the Police Department of the Township of Pohatcong that shall apply to all members of the Police Department. The conduct specified in the table shall not be deemed all inclusive, and members of the Police Department may be disciplined for misconduct not specifically identified in the table, said discipline to be commensurate with discipline identified in the table for misconduct deemed to be equivalent.

N. Disciplinary hearings. Any required notice of charges, disciplinary hearing, as well as imposition of disciplinary action shall be in accordance with applicable law and departmental policies, rules and regulations.

O. Powers and duties of police officers.

(1) The rights, privileges, powers and duties of the sworn officers of the Police Department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments, by departmental policies and procedures, the ordinances and resolutions of the Township and such other rules and regulations as may from time to time be adopted by resolution of the Mayor and Council.

(2) It is the obligation and duty of each sworn officer of the Police Department, regular, special or superior officers, to enforce all ordinances of the Township and to report and correct, if possible, all violations of these ordinances.

(3) The Police Department, through its Chief, 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 Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meeting 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 the streets by vehicles and persons and protect the safety and facilitate the convenience of motorists and pedestrians;

(c) Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township;

(d) Provide proper police attendance and protection at fires; and

(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.

P. Hours of employment. Each officer of the Police Department shall devote 40 hours per week as a minimum to the business, duties and work of the Department, and each officer shall be prepared to return for duty immediately on notice that his services are required in the event of an emergency. This shall not apply to special policemen who are given limited duties to perform. The Chief of Police shall have the authority to establish all shifts and schedules subject to any applicable provisions set forth in a collective bargaining agreement.

Q. Special police.

(1) No person shall be appointed as a special policeman unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified and of good moral character and has not been convicted of any crime. Each special policeman shall be fingerprinted, and his fingerprints shall be filed with the Division of the State Police and Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Mayor and Council concerning the eligibility and qualifications of any person proposed to be appointed a special policeman.

(2) With the specific approval of the Chief of Police, any person, firm or corporation may engage the services of a special policeman for the purpose of directing traffic, guarding private property or otherwise maintaining peace and good order on the basis of paying to the Township such sum as provided in the Salary Ordinance.

R. Oath of office. Every person appointed to the Police Department shall, as a prerequisite to becoming a member thereof and before entering upon his or her duties as such, take and subscribe to an oath or affirmation as may be required and prescribed by the laws of the State of New Jersey.

S. Retirement. All active officers of the Police Department, on attaining the age of 65 years, shall retire from service.

T. Probationary service.

(1) All new sworn officers appointed to the Police Department shall serve a probationary period of one year from date of graduation or hire, whichever is later, and no person holding such a probationary appointment as a police officer shall be given or accept a permanent appointment unless such person has successfully completed a police training course at an approved school. All appointments for existing members of the Department to a new position shall be for a probationary period of 90 days from the appointment.

(2) Subject to applicable New Jersey Department of Personnel regulations, continuation in the service is dependent upon the conduct of the appointee and his or her fitness to perform his or her duties. At the termination of the probationary period, if the conduct or performance of the probationer has not been satisfactory, that person shall be notified, in writing, that his or her probationary period with the Pohatcong Township Police Department is to be extended for an additional period of six months or that the person will not receive absolute appointment, and the decision of the Chief of Police shall be final in this regard. In the event that the Chief of Police determines that there should not be an extension of the probationary employment for a period of six months, the Chief of Police shall so notify the person and shall make his recommendation to the governing body to the effect that his or her services shall be terminated.

[Amended 10-20-2009 by Ord. No. 09-17]

(3) At or before the end of the probationary period, the Mayor and Council may discontinue, at the recommendation of the Chief of Police, the service of any such appointee if the working test indicates that the appointee is unable or unwilling to perform the duties of his or her position satisfactorily or is of such reputation, habits and dependability as not to merit continuance in the public service. Failure to qualify in the use of a police weapon or complete other assigned training or inability to understand the functioning, application and use of any police equipment shall be sufficient reason for the discontinuance of any such appointee, though discontinuance may be made for causes other than those enumerated herein. In each such case, the Mayor and Council shall give written notice to the appointee whose service is discontinued.

U. Classes of patrolmen; advancements.

(1) There will be seven classes of patrolmen, which shall be known as "Patrolman First Class" "Patrolman Second Class" "Patrolman Third Class" "Patrolman Fourth Class" "Patrolman Fifth Class" "Patrolman Sixth Class" and "Patrolman Trainee."

(2) Upon date of hire or graduation from a New Jersey State approved PTC academy, whichever is later, the patrolmen shall advance from Patrolman Trainee to Patrolman Sixth Class upon recommendation of the Chief of Police. The patrolmen will become eligible for additional advances in grade at the expiration of each additional year, upon the recommendation of the Chief, until they have reached Patrolman First Class, and they shall be paid salaries designated in the Salary Ordinance under the established categories.

(3) If the Chief of Police does not recommend an advance in grade from one level to the next, the advance in grade shall not occur; said advancement not being automatic but being dependent upon the recommendation of the Chief of Police.

(4) The promotion and continuation of the position of Chief of Police shall be the sole prerogative of the Township Council.

V. Outside employment of off-duty police officers.

[Added 4-19-2022 by Ord. No. 22-02; amended 7-16-2024 by Ord. No. 24-04]

(1) The Chief of Police of the Township of Pohatcong is hereby authorized to permit members of the Township Police Department, during their off-duty hours, to engage in extra-duty police-related activities for private reasons or entities under the provisions of this subsection. Any and all extra-duty assignments must be determined and approved by the Chief of Police prior to the commencement of such employment. The Chief of Police shall obtain such information as he deems necessary in order to make his determination as to whether to permit the requested assignment. The Chief of Police may assign a patrol vehicle for use in performing the requested assignment if the Chief of Police determines that such patrol vehicle is necessary in order to properly perform the contracted duty. The Chief of Police may deny assignment or use of police officers or vehicles and/or impose any conditions or requirements as he, in his sole discretion, may deem to be in the best interests of the Borough and/or the police officers or public safety. The Chief of Police shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or high risk of injury.

(2) Application. Any person, entity, contractor or utility wishing to employ an off-duty police officer must apply to the Chief of Police, or his designee, requesting off-duty police services. The written application shall include the following information:

(a) The dates that off-duty police services and, if appropriate, police vehicles will be needed.

(b) The nature of the off-duty police services requested.

(c) An estimate of the number of off-duty police officers and an estimate of the number of hours the person or entity anticipates needing such police officers and, if appropriate, police vehicles. The Chief of Police, or his designee, based upon the application, will ultimately determine the number of police officers and number of hours of officers needed for each application, subject to Subsection V(4) below.

(3) For large off-duty projects, the funds to cover the cost of off-duty police services and use of any Township vehicles, based on the estimated number of officers and hours as determined by the Chief of Police, or his designee, shall be submitted to the Chief of Police, or his designee, which shall be forwarded to the Township's Chief Financial Officer, or his designee, before the start of any off-duty employment in accordance with state and Division of Local Government Services regulations. An escrow account shall be established for funds dedicated to the payment of off-duty police officers for outside employment by private persons or entities. The person, entity, contractor or utility shall deposit an amount sufficient to cover the rates of compensation and administrative fees set forth herein for the total estimated hours of service. All funds received for off-duty police services shall be deposited and kept in this account. All payments to the police officers for such services shall be made from the funds in this account. For small projects, the Chief of Police, or his designee, will fill all requested needs by the contractor. Once the job is complete, the Chief of Police, or his designee, will invoice the contractor and request payments for the services rendered.

(4) Rates of compensation for contracting the services of off-duty law enforcement officers shall be $90 per hour, $10 per hour for each patrol car and an additional fee of $5 per hour is hereby established to cover administrative costs, overhead, and out-of-pocket expenses. These rates are subject to periodic adjustment by resolution of the Mayor and Township Council. Any assignment canceled by a private party on less than four hours notice shall be charged against the party for the minimum hours for the assignment. The minimum hours for any assignment are set at two hours.

(5) The person, entity, contractor or utility requesting such off-duty employment shall assume any and all liability arising from such off-duty police employment, including, but not limited to, liability arising from travel to and from job locations and services rendered during the off-duty employment. The person, entity, contractor or utility requesting such off-duty employment must sign, in advance, a hold harmless and indemnification agreement stating that such person or entity will release, defend and indemnify the police officer so employed, the Chief of Police, the Pohatcong Township Police Department, Pohatcong Township, and any agent, officer or employee thereof and save them harmless from and against any and all claims, actions, damages, liabilities, and expenses, including, but not limited to, court costs and reasonable attorney fees, in connection with such off-duty employment.

(6) The Township, in consultation with the Chief of Police, shall have the discretion to designate a third-party vendor to administer and perform all of the Chief's responsibilities as set forth in this section, including, but not limited to, scheduling, billing and collection. The third-party vendor shall have the right to charge an additional fee directly to any applicant.

§ 4-47 Emergency Management Coordinator.

Within the Department of Public Safety there shall be appointed a Municipal Emergency Management Coordinator, who shall have such powers and duties as heretofore established by general law and appointed by N.J.S.A. App. A:9-40.1.