Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 9-8-1992 by Ord. No. 1992-8. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 7.
Police Chaplain — See Ch. 41, Art. XI.
Personnel policies — See Ch. 46.

§ 51-1 Establishment.

A Police Department shall be and the same is hereby created and established in the Township of Lumberton, County of Burlington and State of New Jersey.

§ 51-2 Title of Department.

The official name of said Police Department shall be "Lumberton Township Police Department."

§ 51-3 Title of chapter.

This chapter shall be known by the short title of and may be cited as "Township of Lumberton Police Department Ordinance."

§ 51-4 Word usage.

The words "he" and "his" shall be taken to also mean and include the words "she" and "hers," and said words shall, for the purposes of this chapter, be interchangeable with each other, and the words "special policeman" shall also be taken to mean and include the words "special policewoman," and said words shall, for the purposes of this chapter, be interchangeable with each other.

§ 51-5 Organization; supervision.

A. 
The Lumberton Township Police Department shall consist of a Chief of Police, who shall be the head of the Department; a Captain; two Lieutenants of Police; five Sergeants of Police; four Corporals of Police; and a number of Patrol Officers not to exceed 21, to be appointed by the Township Committee. In addition, two Special Officers (Class I) may be appointed on an annual basis in accordance with the provisions of state statute. Notwithstanding the foregoing limitation on the number of Captains within the Department, for the period of time beginning upon the effective date of this ordinance and until August 7, 2004, there is hereby authorized the appointment of two Captains, in recognition of the fact that one of those Captains will be working on a limited basis pursuant to a previously executed employment retirement agreement.
[Amended 5-3-2004 by Ord. No. 2004-16]
B. 
Supervisor of Police Department. New Jersey Statutes Annotated (N.J.S.A.) 40A:14-118 provides that any ordinance creating and establishing a Police Department shall provide that the Chief of Police, if such position is established, shall be the head of the police force and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof. This chapter does establish the position of Chief of Police as set forth in Subsection C below. New Jersey Statutes Annotated (N.J.S.A.) 40A:14-118 further provides that the term "appropriate authority" is permitted to include the governing body or any designated committee or member thereof. The Township Committee of the Township of Lumberton hereby determines that it shall select and appoint one of its members to serve as the "appropriate authority" to supervise the Police Department and as the person to whom the Chief of Police shall be directly responsible for the efficiency and routine day-to-day operations thereof. This person shall be known as the "Police Department Supervisor." The Township Committee shall also select and appoint another one of its members to serve as the "Assistant Police Department Supervisor." Said Supervisor shall recommend rules and regulations for the conduct and operation of the Department, to be adopted by the Township Committee; shall have the authority to recommend that the Chief of Police bring disciplinary charges against individual officers, in such cases where the same is deemed to be warranted by the Supervisor; shall have authority to discipline the Chief of Police (in which case the remaining members of the governing body shall serve or shall appoint someone to serve as the hearing officer on such disciplinary action); and shall, in all other respects, serve as the person with whom the Chief of Police shall communicate and from whom the Chief of Police shall take his orders and directives regarding policy matters.
[Amended 4-15-1996 by Ord. No. 1996-6]
C. 
Chief of Police. The Chief of,Police shall be the head of the Police Department and shall be directly responsible to the Police Department Supervisor for the efficiency and day-to-day operations of the Department. Pursuant to policies established by the Supervisor and/or the Township Committee, the Chief of Police shall:
(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) 
Prescribe the duties and assignments of all members and officers.
(4) 
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.
(5) 
Report at least monthly to the Police Department Supervisor, in such form as shall be prescribed by him or her, on the operation of the force during the preceding month, and make such other reports as may be requested by said Supervisor.
(6) 
From time to time, make such measures as he may deem necessary for the preservation of peace and good order and the enforcement of all laws and ordinances within the Township of Lumberton.
(7) 
Instruct all members of the Police Department and special police in their duties, and give particular attention to the instruction and training of members of the Department and special policemen.
(8) 
Supervise all members of the Department and the performance of their duties.
(9) 
Keep and/or supervise the keeping of all reports and records concerning the activities of the Department.
(10) 
Confer with the Police Department Supervisor as to the activities of the Police Department during the previous calendar month, and shall in the report required under Subsection C(5) also make such recommendations as he shall deem advisable and appropriate for the betterment and improvement of the Department.
(11) 
Act as the hearing officer in matters of minor discipline.
[Added 4-15-1996 by Ord. No. 1996-6[1] ]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(11) as Subsection B(12).
(12) 
Be directly responsible for the conduct, efficiency and management of the Department, etc.

§ 51-6 Appointment.

A. 
All members of the Police Department shall be appointed by the Township Committee of the Township of Lumberton and shall, after their appointment and confirmation, subject to the provisions of this chapter, serve a probationary period of one year, during which time their performance shall be evaluated by the Chief of Police who, upon the conclusion of said one-year period, shall make a recommendation to the Police Department Supervisor and the Township Committee regarding permanent status of the particular officer and/or employee. During said probationary period, and until such time as the Township Committee makes a decision regarding the permanent employment of said employee, even if said decision is not made until after the expiration of one year, said employee shall serve at the pleasure of the Township Committee and may be terminated without cause.
B. 
Upon appointment to permanent employment by the Township Committee, following the successful completion of the probationary period described above, the officers shall hold their respective offices and continue in their respective employment during good behavior until retirement, death, voluntary resignation or removal for lawful cause as provided by statute.

§ 51-6.1 Appointment of Chief of Police and other superior officers.

[Added 12-20-2011 by Ord. No. 2011-12-014]
A. 
The Township Committee has consulted with police personnel and the Township Attorney and has determined the Police Department Written Directive Number 2:4, dated August 8, 2007, as revised July 14, 2011, sets forth appropriate and proper promotional procedures for the Township Police Department and a rational methodology for any promotions required by the Township to fill vacancies or impending vacancies within the ranks of superior officers of the Lumberton Township Police Department, including the Chief of Police.
B. 
The Township Committee thereby adopts the provisions of the said Written Directive as identified at Subsection A hereof as that said policy exists subsequent to the revisions of July 14, 2011. The provisions of said written directive are specifically incorporated herein by reference as if set forth at length herein.
C. 
For purposes of publication of this section as required by law, the Municipal Clerk shall publish this section and a full copy of Police Written Directive Number 2:4, as amended and revised on July 14, 2011.

§ 51-7 Qualifications.

Except as otherwise provided by law, no person shall be appointed as a member of the Police Department unless he:
A. 
Is a citizen of the United States.
B. 
Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen Retirement System of New Jersey as to his eligibility for membership in the retirement system.
C. 
Is able to read, write and speak the English language well and intelligently.
D. 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.
E. 
Is a resident of New Jersey, except persons recently discharged from military service as provided for by N.J.S.A. 40A:14-123.1.
F. 
Is at least 21 years of age and not over 35 years of age, except for the appointment of a Chief of Police, in which case such age restrictions shall not apply.
G. 
Is able to pass such physical and psychological examinations as may be prescribed by the Township Committee.
H. 
Is able to pass such written and oral examinations as may be prescribed by the Township Committee.
I. 
Is the holder of a valid New Jersey driver's license.
J. 
Has been appointed by the Township Committee as a probationary officer and has successfully served a probationary period of one year, during which time he has satisfactorily performed his duties as a probationary officer and finally has successfully passed the Basic Weapons Safety Course at a Police Academy approved by the New Jersey Police Training Commission.

§ 51-8 Class I and Class II police officers.

[Amended 4-7-1997 by Ord. No. 1997-8; 7-10-2007 by Ord. No. 14-2007]
A. 
The Township Committee may, at its annual reorganization meeting and at such other times as deemed necessary, appoint Class I and Class II police officers for terms not exceeding one year and may revoke such appointments at any time without cause or hearing.
B. 
Such policemen shall not be members of the Police Department or police force and their powers and duties shall cease at the expiration of the terms for which they were appointed or on revocation of their appointments. They shall, at the expiration or revocation of the terms for which they were appointed, return all uniforms and equipment that may have been issued to them.
C. 
Such Class I and Class II police officers shall have the same powers and duties as members of the Police Department, but shall not be members of the Department and shall not carry a revolver or similar weapon when off duty.
D. 
Except as otherwise provided by law, no person shall be appointed as a Class I or Class II police officer unless he:
(1) 
Has met the requirement of appointment of Special Law Enforcement Officer as contained in N.J.S.A. 40A:14-146.10 and N.J.S.A. 40A:14-146.11.
(2) 
Is a citizen of the United States.
(3) 
Is able to read, write and speak the English language well and intelligently.
(4) 
Is sound in body and of good health.
(5) 
Is of good moral character and has not been convicted of any offense involving dishonesty of which would make him unfit to perform the duties of this office.
(6) 
Has successfully undergone the same psychological testing that is required of all full-time police officers in the municipality.
E. 
Special Law Enforcement Officer Class II duties and responsibilities are outlined in the Lumberton Township Police Department Written Directive 2:7, a copy of which is attached and made part of this chapter.[1]
[Added 9-2-2014 by Ord. No. 2014-8-005]
[1]
Editor's Note: Written Directive 2:7 is on file in the Township offices.

§ 51-9 Oath of allegiance.

[Amended 7-10-2007 by Ord. No. 14-2007]
Every member of the Police Department and every Class I and Class II police officer shall, before entering upon the performance of his duties, take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of this office, which oath or affirmation shall be filed with the Township Clerk.

§ 51-10 Duties of Department.

The Police Department shall:
A. 
Preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Lumberton; direct and control traffic, provide attendance and protection during emergencies; provide appearances in court, suppress riots, mobs and insurrections; preserve order at all elections and public meetings and assemblages, cooperate with all other law enforcement agencies; and provide training to the efficiency of its members and officers.
B. 
Make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the township for purposes of protecting the safety and facilitating the convenience of motorists and pedestrians and the regulation, direction, control and restriction of the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the township; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
D. 
Provide proper police attendance and protection at fires.
E. 
Lend aid and assistance to distressed, injured and infirm persons.
F. 
Have all powers and duties otherwise provided by law.

§ 51-11 Rules and regulations.

A. 
Establishment of Department rules and regulations. The Police Department Supervisor shall promulgate rules and regulations for the government of the police force and for the discipline of its members and shall recommend the same to the Township Committee. The Township Committee shall, from time to time, adopt, amend or repeal, by resolution, such rules and regulations as are recommended to it by the Police Department Supervisor and/or such other rules and regulations as it deems necessary or proper concerning the powers and duties of the Police Department, the regulation and control of the Police Department and the conduct and decorum of members of the Department of Special Officers.
B. 
All such rules and regulations shall be in writing, signed by the Police Department Supervisor, and shall be filed in the office of the Township Clerk and in the office of the Chief of Police, and for and distributed to all members of the Police Department.
C. 
Ratification of current rules and regulations. There is currently in effect, within the Township of Lumberton, a document entitled "Lumberton Township Police Department Rules and Regulations" along with certain special orders and general orders annexed thereto. Said rules and regulations are hereby ratified and reestablished and shall continue to be known as the "Lumberton Township Police Department Rules and Regulations." The Township Committee specifically reserves, however, the right to itself and the Police Department Supervisor, and for the good of the Police Department, to amend and revoke any of the rules, regulations or procedures, to amend the same or to add thereto, as circumstances require.
D. 
Revocation of other rules and regulations. All other rules, regulations, procedures and orders, whether special or general, previously issued and contrary to those, in body and context, herein described, are hereby revoked. All other rules, regulations, orders and procedures not in conflict with those contained herein shall remain in full force and effect.
E. 
Any neglect by any member of the Police Department to carry out each and every rule and regulation, special order or general order ratified and reestablished herein and/or established in the future shall be sufficient cause for his dismissal from the Department. Moreover, should any member of the Police Department be cited or disciplined for failure to observe the rules and regulations or departmental procedures or orders, ignorance of any provision of the manual or any departmental procedure or order shall not be accepted as an excuse and shall not constitute a defense to said disciplinary charges.

§ 51-12 Removal and discipline of officers.

A. 
Except as otherwise provided by law, no permanent member of the Police Department shall be removed from his office, employment or position for political reasons or for any other cause other than incapacity, misconduct or disobedience of the rules and regulations established for the government of the Police Department, nor shall such member be suspended, removed, fined or reduced in rank from officer, employment or position therein, except for just cause, and then only upon a written complaint setting forth the charge or charges against such member or officer and upon proceedings in accordance with law in such case made and provided.
B. 
Except as otherwise provided by law, any permanent member or officer of such Police Department and force who shall be absent from duty without just cause or a leave of absence, for a continuous period of five days, shall cease to be a member of such Police Department and force.
C. 
Hearing officer. All charges against members of the police force shall be prosecuted by the Chief of Police, or his designee, and shall be heard by the Township Committee except for matters of minor discipline. Said hearing shall be conducted not less than 10 nor more than 30 days from the date of service of the disciplinary charges/complaint upon the charged member.
[Amended 4-15-1996 by Ord. No. 1996-6]
D. 
Minor discipline. The Chief of Police, with the written consent of the charged member, may hear and determine cases involving allegations of minor violations of the rules and regulations and other infractions. In such cases, the discipline imposed upon a finding of guilt shall not exceed a suspension without pay of three days. The decision of the Chief of Police shall be final and not subject to review or appeal.
[Added 4-15-1996 by Ord. No. 1996-6]

§ 51-13 Compensation.

Compensation for the members of the Police Department and Chief of Police and special patrolmen shall be as determined by the Township Committee and authorized by ordinance.