[Amended 12-20-1994 by Ord. No. 1958; 3-21-1995 by Ord. No.
1967; 12-18-2001 by Ord. No. 2179-01; 12-21-2004 by Ord. No.
2276-04; 7-3-2007 by 2412-07; 11-17-2008 by Ord. No.
2568-08; 6-6-2018 by Ord. No. 2908-18; 7-16-2019 by Ord. No. 2964-19]
There is hereby created in and for the Township of Maplewood
a Police Department which shall consist of a Chief of Police, a Deputy
Chief of Police, not more than two Captains, not more than four Lieutenants
not more than 11 Sergeants, and such number of patrol officers as
are deemed to be necessary by the Maplewood Township Committee from
time to time.
[Added 3-21-1995 by Ord. No. 1967]
The Township Committee of the Township of Maplewood
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 of the powers and duties provided
by said statutes during their terms in office but shall not be continued
as regular members of the Police Department and shall not be entitled
to tenure. The Chief of Police 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 the power of arrest.
[Amended 3-21-1995 by Ord. No. 1967]
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 successfully complete a physical, mental and psychological
examination.
[Amended 3-21-1995 by Ord. No. 1967]
Every member of the Police Department, before
serving as such and also upon promotion to any of the advanced ranks
within the Department, shall swear an oath to support the Constitution
and laws of the United States, the State of New Jersey and the ordinances
of the Township of Maplewood and to faithfully discharge and perform
the duties of his/her office.
The policemen appointed by the Township Committee
shall hold office during good behavior and shall not be dismissed
or removed except for cause upon charges, in writing, presented to
the Township Committee. Immediately upon receiving the charges, the
Township Committee shall appoint a time and place for a hearing. It
shall be the duty of the Township Clerk to serve a copy of the charges,
together with a notice of the time and place of hearing, upon the
accused officer at least three days before the time of hearing. At
the time and place so appointed, the Township Committee shall meet
and hear the evidence offered and shall determine whether or not the
accused officer is guilty of the charges made against him. If found
guilty, the Township Committee may, by resolution, dismiss or remove
him from the Department or provide such other penalty as may be authorized
by the rules and regulations.
[Amended 3-21-1995 by Ord. No. 1967]
The Police Department shall:
A.
Preserve the public peace.
B.
Protect life and property.
C.
Detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Township of Maplewood.
D.
Direct and control traffic.
E.
Provide attendance and protection during emergencies.
F.
Provide appearances in court.
G.
Cooperate with all other law enforcement agencies.
H.
Provide training for the efficiency of its members
and officers.[1]
[1]
Editor's Note: Original Section 3 of Ord.
No. 1967, adopted 3-21-1995, which designated the Maplewood Public
Safety Committee as the appropriate authority and gave it responsibility
for overall performance of the Police Department and authority to
adopt rules and regulations for the government of the Police Department
and discipline of its members, was repealed 5-2-1995 by Ord. No. 1972.
See now § 6-34.1E.
[Amended 3-21-1995 by Ord. No. 1967]
No member or officer of 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.
[1]
Editor's Note: Former § 6-34.1,
Police Director, added 5-2-1995 by Ord. No. 1972, as amended, was
repealed 8-5-2003 by Ord. No. 2226-03. This ordinance also provided
that the Business Administrator shall serve as the appropriate authority
pursuant to N.J.S.A. 40A:14-118. The ordinance further provided that
all administrative hearings for the Maplewood Police Department shall
be conducted by an independent hearing officer, who shall be a retired
judge or practicing attorney not associated with the Township or the
Township's Police Department.
[Amended 3-21-1995 by Ord. No. 1967]
The Police Chief shall be the head of the Police
Department and shall be directly responsible to the appropriate authority
for its efficiency and day-to-day operations. Pursuant to policies
established by the appropriate authority,[1] the Police Chief shall:
A.
Administer and enforce the rules and regulations of
the Police Department in a special emergency directive for the disposition
and discipline of the Department and its members and officers.
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department.
C.
Prescribe the duties and assignments of all members
and officers.
D.
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.
E.
Report at least monthly to the appropriate authority
in such form as shall be prescribed on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the appropriate authority.
[1]
Editor's Note: Ordinance No. 2716-13, adopted 3-5-2013, stated
that, pursuant to N.J.S.A. 40A:14-118, the Business Administrator
is designated as the appropriate authority for the Police Department
and shall adopt and propagate rules and regulations for its government
and the discipline of its members; the Police Chief shall be directly
responsible to said authority for the efficiency and routine day-to-day
operation of the Department and shall perform all duties as specifically
enumerated in the provisions of N.J.S.A. 40A:14-118.
[Amended 3-6-2007 by Ord. No. 2390-07; 6-6-2018 by Ord. No. 2908-18]
A.
Deputy
Chief of Police. The Deputy Chief of Police shall be a member of the
Maplewood Police Department and shall be designated by the Maplewood
Township Committee. The Deputy Chief of Police shall be second in
command of the Police Department, and during the absence of the Chief
from duty, due to sickness or absence from the Township on leave or
special duty, the Deputy Chief of Police shall assume the duties of
Chief and, during such periods, shall exercise the same powers, perform
the same duties and be subject to the same rules and regulations as
the Chief.
B.
Captain.
Captains shall rank next below the Chief of Police and Deputy Chief
of Police. Captains shall perform all administrative and personnel
functions of the Police Department and shall oversee the operation
of the Patrol Division and Detective Bureau and perform such other
special duties as the Chief may direct.
C.
Lieutenants.
Lieutenants shall rank next below Captains. Lieutenants shall be assigned
to desk duty and to duty in command of the outside uniform members
of the Police Department and perform such other special duties as
the Chief may direct.
D.
Sergeants.
Sergeants shall rank next below Lieutenants. Sergeants shall be assigned
to duty as inspecting officers, relief duty at headquarters, desk,
detective duty and perform such other special duties as the Chief
may direct.
The patrolmen of the Police Department shall
be classified into five grades designated and determined according
to years of service as follows:
A.
Fifth Grade: less than one year of consecutive service.
B.
Fourth Grade: one full year but less than two full
years of consecutive service.
C.
Third Grade: two full years but less than three full
years of consecutive service.
D.
Second Grade: three full years but less than four
full years of consecutive service.
E.
First Grade: four full years or more of consecutive
service.
A.
There shall be within the Police Department the civilian
position and rank of police cadet. All candidates for the position
of police cadet shall:
(1)
Be 17 1/2 to 19 1/2 years of age, in good
health, with a minimum height of five feet seven inches and a minimum
weight of 130 pounds, with weight in proportion and according to medical
standards.
(2)
Be a high school graduate and a holder of a valid
New Jersey driver's license.
(3)
Have visual acuity of 20/30 in each eye without artificial
correction and with normal color perception and auditory acuity of
20/20 in each ear without artificial aid.
(4)
Submit to a medical and psychological examination,
undergo a character investigation, take a written test and physical
agility test and be interviewed orally by the Chief.
(5)
Possess a moderate degree of typing skills. In the
event that the applicant has no typing ability, he shall agree to
attend night courses at his own expense to attain the proficiency
required.
(6)
Agree to enroll at an accredited college for a minimum
of three credit hours per semester at his own expense in subjects
approved by the Chief. The cadet shall be required to maintain a satisfactory
standing in these courses in order to continue his employment as a
cadet. Each cadet shall be required to attend the classes on his own
time and continue this program as long as he serves as a cadet. Cadets
shall be assigned to work their forty-hour week on a watch consistent
with their academic program, as arranged by the Township.
(7)
Meet the general standards used in selecting patrolmen
with the exception of the age requirement.
B.
The standards of selection shall be high enough so
that any person appointed as a cadet shall be expected to meet the
standards for promotion as a patrolman when he attains the age of
21.
[Added 4-5-1983 by Ord. No. 1626]
Any person appointed to the Department shall
be first appointed as a probationary patrolman to serve for a probationary
period of one year. During such year the probationary patrolman shall
obey all provisions of this chapter and of the rules and regulations.
If at any time during the probationary period the Chief of Police
shall determine that a probationary patrolman does not possess the
proper ability, aptitude, character or physique for regular membership
in the Department, he shall dismiss such probationary patrolman. Such
dismissal shall terminate the services of the probationary patrolman
in the Department. He shall receive, during such probationary period,
such salary as is provided for in the Salary Ordinance of the Township
of Maplewood.
[Added 8-7-2001 by Ord. No. 2170-01;
amended 2-18-2005 by Ord. No. 2282-05; 11-8-2017 by Ord. No. 2871-17]
A.
Chief. The appointment of the Chief of Police shall be in the discretion
of the Maplewood Township Committee.
B.
Captains, Lieutenants and Sergeants.
(1)
Eligibility and appointment.
(a)
The promotion procedure covered by this article shall cover
promotion to Captain, Lieutenant and Sergeant:
[1]
Captain. All candidates for promotion to Captain shall have
held the rank of Lieutenant in the Maplewood Police Department for
a minimum of one full year prior to the date of the examination.
[2]
Lieutenant. All candidates for promotion to Lieutenant shall
have held the rank of Sergeant in the Maplewood Police Department
for a minimum of one full year prior to the date of the examination.
[3]
Sergeant. All candidates for promotion to Sergeant shall have
served as full-time police officers in the Township of Maplewood Police
Department for a minimum of five continuous years prior to the date
of the examination.
(b)
In making the selection as outlined above, the Township Committee
shall select the most qualified candidates for promotion to a new
or vacant position. In order to assist the Township Committee in making
its selection to a new or vacant position, the Chief of Police shall
submit a list of the three most qualified candidates for consideration,
utilizing the following formula:
[1]
New Jersey State Chiefs of Police written examination or other
recognized similar exam accepted by the Chief of Police worth a maximum
of 80 points.
[2]
The balance of the points will be broken down into three parts:
sick time evaluation worth a maximum of six points; disciplinary evaluation
actions worth a maximum of nine points; and seniority worth a maximum
of five points.
(2)
Examination criteria.
(a)
Representatives of the New Jersey State Chiefs of Police Association
shall conduct the written examination. All scores will be based on
a 0% to 100% scale, with 100 being the highest possible score.
(b)
Written examination will be the type and length designated by
the New Jersey State Chiefs of Police Association and shall be the
most current examination in use. All raw scores will be multiplied
by factor for a maximum adjusted score of 80 points.
(3)
Nonexamination criteria.
(a)
Sick time calculation will be based on the average number of
sick days for the five calendar years immediately preceding the test.
The year with the highest number of days will not be counted. Job-related
injuries will not count in calculating sick time. The remaining four
years will then be added together, divided by four to get the average
days per year. Points will be awarded as follows:
|
Number of Days
|
Points
|
|---|---|
|
0 to 4
|
6
|
|
4.1 to 6
|
4
|
|
6.1 to 8
|
2
|
|
8.1 and over
|
0
|
(b)
Disciplinary actions calculation will be based on the total
number of disciplinary actions for the five calendar years immediately
preceding the test. Bookings with a guilty finding will equal one
point. Written warnings will have a value of 1/2 point.
|
Number of Disciplinary Actions
|
Points
|
|---|---|
|
0 to 2
|
9
|
|
2.1 to 3
|
6
|
|
3.1 to 4
|
3
|
|
4.1 and over
|
0
|
(c)
Seniority will be allocated as follows and defined as completed
years of service as a sworn Maplewood police officer:
|
Number of Years
|
Points
|
|---|---|
|
15 and over
|
5
|
|
10 to 14
|
3
|
|
5 to 9
|
1
|
|
0 to 5
|
0
|
(4)
Test notice. The notice of the approximate or actual examination
date shall be posted a minimum of 90 days prior to the examination.
(5)
Letter of intent. Each officer who intends to be a candidate for
promotion must write a letter of intent to the Chief of Police stating
his/her intention to take part in the examination process. The Chief
of Police must receive such letters at least three weeks prior to
the date of the written examination in order for the candidate to
be eligible for testing.
(6)
Required minimum point total. All candidates for promotion must achieve
a minimum written examination score of 70.
(7)
Examination list for promotion. When all of the above criteria have
been met, a list of eligible candidates, based on an overall score,
will be compiled by the Chief of Police according to point standing.
In the case of a tie in score, seniority within the Township's police
force will prevail. Based on the final standing, the top three candidates'
names and personnel files will be sent to the Township Committee for
consideration. The Township Committee, after personal interviews of
the top candidates, a review of the written test scores and a review
of the candidate's personnel file, will choose the officer to be promoted
from among the top three candidates. In the event a candidate is promoted
out of order, the passed-over candidate will be advised in writing
by the Township Committee as to the reason(s) the candidate was not
promoted. This list will be valid for a period of two years. In the
event that a vacancy occurs in the last 90 days of the list, the list
will be automatically extended for 180 additional days.
(8)
Open Public Meetings Act. The provisions of the Open Public Meetings
Act, N.J.S.A. 10:4-6, et seq., as amended, shall apply to the interviews
conducted by the Township Committee.
[Added 3-5-2013 by Ord. No. 2715-13; amended 5-18-2021 by Ord. No. 3027-21]
A.
Purpose. The purpose of this section is to establish a procedure
to request and compensate members of the Maplewood police force during
off-duty hours by private employers requiring special police services.
B.
OFF DUTY
OFF-DUTY EMPLOYMENT
PRIVATE EMPLOYER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A police officer who is not on duty and is free from the
performance of specified duties.
Employment or assignment performed by an off-duty police
officer for a private employer that has entered into an agreement
with the Township for the performance of such services wherein the
actual or potential use of law enforcement powers is anticipated.
Persons, businesses, organizations and other entities which
request and utilize the paid services of the Township's off-duty police
officers.
C.
Eligibility and limitations.
(1)
Sworn members of the Maplewood Police Department ("Police Department")
who are authorized to engage in off-duty employment shall be permitted
to accept police-related employment, in accordance with the Police
Department's standard operating procedures ("SOP"), for private employers
who are separate and independent from the Township, only during off-duty
hours, to perform public safety functions, while receiving compensation
at the rates established by the Maplewood Township Committee (Township
Committee), at such times as will not conflict or interfere with official
police responsibilities nor take precedence over the performance of
any official police duties.
(2)
An off-duty Township police officer performing police-related activities
shall perform such activities as if they were performing such activities
for the Township and shall be subject to Police Department discipline
and control in connection with their actions and/or inactions concerning
the police-related activities.
(3)
An off-duty police officer shall be vested with full police powers
while engaged in off-duty employment and shall address any crime,
offense or condition that occurs in his or her presence or comes to
her or his attention while working an off-duty assignment.
(4)
The Maplewood Chief of Police ("Chief"), or designee, shall have
the authority to order any police officer engaged in off-duty assignments
within the Township to respond to an emergency situation within Maplewood.
The Chief, or designee, shall also have the right to order any off-duty
assignment to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty officer and/or
the citizens of Maplewood.
(5)
Only police officers who have signed the pay job authorization list
will be eligible to engage in off-duty employment.
D.
Police uniforms. Police officers performing off-duty police-related
services shall be in full police uniform and appropriate protective
gear while said services are being provided.
E.
Request for services.
(1)
Any private employer wishing to employ an off-duty police officer
shall first obtain the approval of the Chief, or designee, which approval
shall be granted if, in the opinion of the Chief, or designee, such
employment is necessary and would not be inconsistent with the efficient
functioning and good reputation of the Police Department and would
not unreasonably endanger or threaten the safety of the police officer(s)
who are to perform the work.
(2)
The Chief, or designee, shall issue a SOP regarding the method of
designation of off-duty officers, the number of continuous hours off-duty
officers are permitted to work in conjunction with their regular police
duties, the impact that sickness of a police officer may have on the
selection of an off-duty police officer, and other related issues.
F.
Cancellation. In the event the private employer cancels the requested
police service, notification to the Chief, or designee, must be made
prior to two hours before the scheduled start time. If the private
employer fails to cancel the requested police service prior to two
hours before the scheduled start time, the officer(s) shall be paid
by the private employer for a minimum of four hours at the established
rates of compensation.
G.
Escrow account.
(2)
Any private employer shall estimate the number of hours off-duty
police services are required. An estimate shall be approved in writing
by the Chief, or designee, and shall be forwarded to the private employer
and Township's Finance Department ("Finance"). The Chief, or designee,
reserves the right to add additional hours of off-duty police services
if he/she determines the private employer's estimate has an insufficient
number of hours. The private employer shall then forward payment for
services for the total approved estimated hours of service, the rates
of compensation and administrative fees to Finance for deposit in
the off-duty employment escrow account prior to the commencement of
said services.
(3)
In any instance where the number of hours required is unknown and
cannot be reasonably estimated, or is anticipated to be in excess
of 10 days, the private employer shall deposit an amount sufficient
to cover the rate of compensation and administrative fees for the
equivalent of 10 days prior to the commencement of any work. Any unused
portion of the deposit shall be returned or credited against the final
amount owed.
(4)
Prior to assigning an off-duty police officer, the Chief, or designee,
shall verify that the balance in the escrow account of the private
employer is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. All payments
must be remitted directly to Finance for deposit in said account.
No police officer shall be paid directly by any private employer nor
provide any such services for more hours than are specified in the
request for services.
(5)
The private employer shall be responsible for ensuring that sufficient
funds remain in the escrow account in order to avoid any interruption
of services.
(6)
In the event funds in the escrow account should become depleted or
that the escrow account falls below the designated level, services
of an off-duty police officer shall cease, and the Chief, or designee,
reserves the right to order all activity to cease. Requests for additional
or future services shall not be honored or posted until additional
funds have been deposited in the escrow account in the manner prescribed
above.
(7)
All public utility companies are requested to establish an annual
escrow account with the Township. If a utility has such an escrow
account, it shall be exempt from the provisions set forth in this
section requiring advance payment to the escrow account, providing,
however, that there are no amounts previously due that are outstanding
for a period in excess of 30 days. Any such delinquent balances shall
require advance payment of the amount outstanding prior to any police
officer engaging in any further off-duty assignments. The Chief, or
designee, may waive this provision if necessary to ensure public safety.
H.
Rates of compensation. The hourly rate of compensation to be paid
by the private employer for an off-duty police officer will be determined
by a rate schedule to be established by the Township Committee by
resolution.
I.
Request for Township-owned vehicles.
(1)
All requests for Township-owned vehicles for use exclusively by a
police officer while performing public safety functions on behalf
of and as assigned by the Police Department must be reviewed by the
Chief, or designee.
(2)
A police officer using a Township-owned vehicle will be responsible
for its condition and care at all times.
(3)
The hourly rate for use of Township-owned vehicles shall be, from
time to time, established by the Township Committee by resolution.
J.
Administrative fee.
(1)
An administrative fee is established to cover the Township's costs,
overhead, and out-of-pocket expenses and shall be paid by the private
employer at the same time as all other payments are required to be
made.
(2)
The Township shall waive the administrative fees for public events
that receive permits and financial support from the Township and for
events by the South Orange-Maplewood School District.
(3)
All administrative fees paid by the private employer shall belong
to the Township.
[Added 2-20-2018 by Ord.
No. 2890-18]
A.
Creation of position. The position of Police Chaplain(s) for the
Township of Maplewood Police Department is hereby created. The position(s)
will be voluntary. The position of Chaplain will be under the control
of the Maplewood Police Chief.
B.
Qualifications. Any person appointed as Chaplain shall be an ordained
clergyperson in good standing in the religious body from which she/he
is selected. Each Chaplain shall have basic training and shall be
a certified Police Chaplain credentialed in accordance with the rules
and regulations of the Township of Maplewood Police Department and
shall be qualified in accordance with statutory requirements.
C.
Duties. The Duties of Police Chaplain shall include, but not be limited
to, assisting the Township Police Department in death notifications,
station house adjustments and any other duties that may be assigned
by the Police Chief.
D.
Rank and salary. Any person appointed as Chaplain shall serve in
that capacity without rank or salary.
E.
Term of office. A person(s) appointed as Chaplain shall serve for
a period of one year from the date of appointment and shall continue
to serve in that capacity until she/he is either terminated or resigns.
The Township Committee shall appoint, reappoint and terminate all
Police Chaplains upon recommendation of the Police Chief.
