Chapter 15. Police Department

Chapter 15 POLICE DEPARTMENT

ARTICLE I

General Regulations

§ 15-1. Short Title.

§ 15-2. Purpose.

§ 15-3. Establishment.

§ 15-4. Line of Authority.

§ 15-5. Appointment and Promotion.

§ 15-6. Special Officers

§ 15-7. Vacation and Sick Time.

§ 15-8. Leave of Absence.

§ 15-9 Rules and Regulations.

ARTICLE II

(Reserved)

§ 15-10 through § 15-25 (Reserved.

ARTICLE III

Reciprocal Provisions of Emergency Police Assistance

§ 15-26. Reciprocal Emergency Police Assistance

§ 15-27. Non Payment Provision.

§ 15-28. Termination or Withdrawal.

§ 15-29. Mutual Aid Operations Plan

§ 15-30. Reports

§ 15-31. Repealer.

§ 15-32. Severability.

§ 15-33. When Effective.

[HISTORY: Article I adopted by the Township Council of the Township of Gloucester 11-23-87 by Ord. No. 0-87-47; Article III adopted by the Town­ship Council of the Township of Gloucester 10-26-87 by Ord. No. 0-87-44; Ordinances 199 and 0-74-19 are hereby repealed. Amendments noted where applicable.]

ARTICLE I

[Adopted 11-23-87 by Ord. 0-87-47]

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden state of New Jersey as follows:

§ 15-1. Short Title.

This Ordinance shall be known and referred to as the "Gloucester Township Police Department Ordinance".

§ 15-2. Purpose.

The purpose of this Ordinance is to provide for the establish­ment, maintenance, operation, regulation and control of a Police Department within the Township of Gloucester, Camden County, New Jersey, pursuant to and in accordance with the provisions of N.J.S.A. 40A:14-118.

§ 15-3. Establishment.

A Police Department is hereby established in the Township of Gloucester, as an executive and enforcement function of the Township Government in accordance with Article X, Section 2.51 of the Gloucester Township Organizational Ordinance of 1982 (Chapter 2 of the Code of the Township of Gloucester).

The Police Department shall consist of the Chief of Police, A Deputy Chief of Police, two Captains and such superior officers, officers of lesser rank, patrolmen and other personnel as may be, from time to time, authorized and funded by Township Council. The Chief of Police shall be appointed by the Mayor with the advice and consent of Township Council in accordance with Civil Service Rules and Regulations and he shall receive such compensation as shall be fixed from time to time by general salary ordinance.

§ 15-4. Line of Authority.

A. Township Council.

The Township Council and individual members thereof shall act in all matters relating to the police function in the municipality as a body, or through the Mayor; however, nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the Police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or inves­tigation authorized by law. The Township Council may from time to time, by Ordinance and subject to law, prescribe the powers, functions and duties of the Chief of Police and other members of the Police Department as shall be deemed necessary for the effective government of the force. The Township Council also shall adopt general rules and regulations governing the Police Department and the discipline of its members as may be approved by the Mayor.

B. Mayor.

Subject to State Statute, the Mayor as chief executive officer shall be the appropriate authority to direct and supervise the Chief of Police who shall be responsible for the day to day operation of all police functions of the municipal government. The Mayor, with the approval of Township Council, shall establish policies relating to the government, control, discipline and function of the police department and shall approve, prior to adoption, the rules and regulations for government of the police force and the discipline of its members as hereinafter provided. The Mayor or other executive or administrative officer charged with the general administrative responsibilities within the Township may, at any time, examine the operations of the police force or the performance of any officer or member thereof; and in an emergency situation, the Mayor may act or provide for the health, safety or welfare of the municipality through special emergency directives.

C. Chief of Police.

The direct supervision of the Police Department shall be vested in the Chief of Police, who shall see that the laws of the State of New Jersey and the Ordinances of the Township of Gloucester are faithfully

executed and enforced. He shall recommend to the Mayor such measures as he shall deem necessary or expedient for the welfare of the Township and the organization, operation and development of the Police Department.

He shall be directly responsible to the Mayor for the efficiency and routine day to day operations thereof and he shall, pursuant to policies established by the Mayor:

(a) Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;

(b) Have, exercise, and discharge the functions, powers and duties of the force;

(c) Prescribe the duties and assignments of all subordinates and other personnel;

(d) Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercise under his direc­tion and supervision;

(e) Report a least monthly to the Mayor in such form as shall be prescribed by the Mayor on the operation of the force during the preceeding month, and make such other reports as may be requested by the Mayor.

The Chief of Police shall be the chief administrator of the Police Department and directly responsible to the Mayor for the enforcement of the duties of all personnel in the Department, all policy and all rules and regulations regarding the Department. He shall be responsible for the keeping of a daily log of all activities of the Department, including, but not limited to, assignments to duty of all members and employees of the Department, arrests, investigations, accidents, crimes, complaints, war­rants and all important and pertinent data related to the duties and activities of the Department.

D. Deputy Chief of Police.

The Deputy Chief of Police shall carry out and be responsible for fulfilling all of the functions of the Chief of Police should the Chief of Police be unavailable.

E. Captains.

One Captain shall be in charge of the Uniform Patrol Division and Traffic Unit and shall be responsible for both the operational and administrative functions of the same subject to the supervision of the Chief of Police. The other Captain shall be in charge of the Investigative Unit, Narcotics and Drugs, Records and Communications and shall be responsible for both the operational and administrative functions of the same subject to the supervision of the Chief of Police.

Both Captains may be assigned other duties which may be required by the Chief of Police.

§ 15-5. Appointment and Promotions.

A. All applicants for appointment to or for promotion within the Police Department, shall be qualified for appointment or promotion as required by law, ordinance and Civil Service rules and regulations. All applicants for appointment shall be residents of the Township of Gloucester and must maintain continuous residency within the Township of Gloucester from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

(Amended 12-13-93 by Ord. 0-93-60)

B. All applicants for appointment as members of the Police Depart­ment, after qualifying, shall when requested:

1. Complete a Gloucester Township Police Application form;

2. Submit to a background investigation

3. Be interviewed by the Police Chief or his designees

4. Submit to a psychological evaluation by a Township designated psychologist.

5. Submit to a complete physical examination by a Township designated physician.

C. Upon satisfactory completion of all requirements, the applicant may be duly appointed to the position of Police Officer of the Township of

Gloucester as heretofore provided, but shall not attain permanent Civil Service status until he or she shall have satisfactorily completed the required course of training for Municipal Police Officers as prescribed by the New Jersey Police Training Commission, and thereafter, shall have satisfactorily serviced in a probationary status for the period prescribed by Civil Service Law. Failure to do so will be just cause for dismissal.

§ 15-6. Special Officers.

There is hereby established the following classifications of special law enforcement officers; Class One and Class Two. Class One officers shall perform routine traffic detail, spectator control and similar duties, and shall have the power to issue summons for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. Class Two officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.

In accordance with, and subject to the terms, conditions and limitations of statute and law, special law enforcement officers may be appointed and assigned to perform the duties and responsibilities of Class One and Class Two special police officers. Class One and Class Two special police officers shall be limited to such numbers as, from time to time, shall be authorized and funded by Township Council, provided however, in no event shall the number of Class Two officers exceed that permitted by statute and law.

§ 15-7. Vacation and Sick Time.

Each member of the Department, subject to the guidelines and procedures set forth in the Police Operational Procedures of the Police Manual, shall be granted annual vacation and sick time in accordance with Civil Service Laws, rules and regulations and the contract between the Township and the respective bargaining unit of the Police Department of which he is a member.

§ 15-8. Leave of Absence.

Leaves of absences may be granted in accordance with Civil Service Laws and rules and regulations, and the Mayor, upon recommendation of the Chief of Police, may grant a leave of absence with pay, not exceed­ing on (l) year, to any member of the Department who shall become injured, ill, disabled or physically unfit for duty, providing that an examining physician appointed by Township Council shall so certify to such illness, injury or disability. No leave of absence with pay shall exceed a period of one (l) year.

§ 15-9. Rules and Regulations.

General rules and regulations for the government of the Police Department and for the discipline of its members shall be prepared and recommended by the Police Chief, approved by the Mayor and adopted by Ordinance of the Township Council. Said general rules and regulations shall be in written form and distributed to all members of the Department, who shall sign for same. Standard operating procedures, orders and direc­tives and supplemental rules and regulations involving daily departmental operations shall be issued, from time to time, by the Chief of Police provided the same are not contrary to or inconsistent with the terms of this Ordinance, established policy or the general rules and regulations, and are duly promulgated in writing. The basic areas for which rules may be made shall include but shall not be limited to: discipline, training, conduct and efficiency of members, use and care of equipment and uniforms, police procedures, day to day activities, relationships with fellow offi­cers, public and municipal officers, appearance in uniform and the activ­ities, behavior and conduct of officers on or off duty. General rules and regulations as well as standard professional procedures, orders and direc­tives issued in writing and promulgated by the Chief of Police shall be binding upon the members and employees of the Police Department. [Amended on 12-16-02 by Ord. O-02-53]

ARTICLE II (Reserved)

§ 15-10 through § 15-25 (Reserved)

ARTICLE III

Reciprocal Provisions of Emergency Police Assistance

[Adopted on 10-26-87 by Ord. No. 0-87-44]

§ 15-26. Reciprocal Emergency Police Assistance

Pursuant to the Provisions of N.J.S.A. 40A:14-156 et seq., the governing body of the Township Council of the Township of Gloucester hereby agrees to the provision of reciprocal police assistance, as hereinafter proscribed, with those municipal corporations in Camden County and in those counties contiguous to Camden County which demonstrate their reciprocity by their enactment of this Ordinance.

§ 15-27. Non Payment Provision.

It is hereby expressly provided that upon committing such recip­rocal police assistance, as hereinafter proscribed, no payment shall be required to be made by the assisted municipality to the municipality providing such assistance. This exclusion will include (but is not neces­sarily limited to) police salaries, cost of automobiles, motorcycles, use of police dogs, and/or the cost of other equipment or expenses incurred by providing such assistance. This provision of non-payment is in lieu of those rates of pay and rentals set forth in N.J.S.A. 40A:14-156 and is required by law.

§ 15-28. Termination or withdrawal.

Any of the concurring parties may withdraw from and terminate their part of this Agreement at the end of any calender year, providing notice of such intention to terminate shall be given no later than November lst of each year to each participant herein. Otherwise, the Agreement shall remain in force on a yearly basis.

§ 15-29. Mutual Aid Operations Plan.

The "Mutual Aid Operations Plan" promulgated by the Camden County Chief of Police Association proscribing the specifics of emergency recipro­cal police assistance is hereby incorporated by reference without inclusion herein. Such "Mutual Aid Operations Plan" will be periodically updated; but such updated version will not be enacted until distributed to each and every party hereto for their edification and whatever action they may deem appropriate.

§ 15-30. Reports.

The Chief of Police shall annually, and as soon after the end of the year as practicable, furnish the respective governing body with a summary report of services rendered and received with his comments and recommendations.

§ 15-31. Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 15-32. Severability.

If any section, subsection, part, clause or phrase of this ordinance shall be declared invalid by judgement of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this ordinance.

§ 15-33. When Effective.

This ordinance shall take effect immediately after final passage and publication as required by law.

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Editor's Note: Former Chapter 15, Article I, adopted by Ord. No. 199 and Article II, adopted by Ord. NO. 0-74-19 was repealed by Ord. No. 0-87-47, adopted on 11-23-87.