Township of Mansfield, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 37.
First Aid and Rescue Squad — See Ch. 49.
Mutual aid — See Ch. 58.
[Adopted 12-27-2006 by Ord. No. 2006-33]

§ 77-1 Positions created.

There is hereby created pursuant to N.J.S.A. 40A:14-146.8 et. seq. the position of "special law enforcement officer." The Committee shall be authorized to hire such number of special law enforcement officers as they may deem necessary in the interest of public safety.

§ 77-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
EMERGENCY
Any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel as shall be determined by the Chief of Police or the Mayor. Vacations, shortages in police personnel caused by vacancies unfilled by the Township Committee for more than 60 days, or any other condition which could reasonably have been anticipated or foreseen shall not constitute an emergency.
SPECIAL LAW ENFORCEMENT OFFICER
Any person appointed to temporarily or intermittently perform duties similar to those performed regularly by members of the Mansfield Township Police Department, or to provide assistance to the Mansfield Township Police Department during unusual or emergency circumstances or incidents.

§ 77-3 Qualifications.

No person may be appointed as a special law enforcement officer unless he or she is or shall be:
A. 
A resident of the State of New Jersey during the term of appointment;
B. 
Be able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
C. 
Is sound in body and of good health;
D. 
Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of the position;
E. 
Has successfully undergone the same psychological testing if required of all full-time police officers in the Township;
F. 
Shall not be appointed as a special law enforcement officer is any other municipal or county government or department, nor shall be any permanent, regularly appointed full-time police officer in this or any other municipality.
G. 
No member of the Mansfield Township Committee shall be appointed as a special law enforcement officer.

§ 77-4 Training.

A. 
No person may commence his duties as a special law enforcement officer unless he has successfully completed a training course approved by the State of New Jersey, and no special law enforcement officer may be issued a firearm unless he has successfully completed the basic firearms course approved by the State of New Jersey for permanent, regularly appointed police and annual requalification examinations.
B. 
There shall be two classifications for special police officers. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. If authorized by ordinance, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the State of New Jersey.
C. 
All officers hired as special law enforcement officers shall prior to their appointment supply the Township of Mansfield with the appropriate certificates of training issued by the State of New Jersey. The certificate shall clearly state the category of certification for which the officer has been certified.

§ 77-5 Appointment and term.

A. 
Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Township of Mansfield for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the Police Department, and their powers and duties shall all cease at the expiration of the term for which appointed.
B. 
No special law enforcement officer may be employed to replace or substitute for full-time, regular police officers or in any way diminish the number of full-time officers employed.
C. 
If more than one special law enforcement officer is employed at one time, then in such event, one officer may be employed without limitation on the number of hours a week worked. If only one officer is employed at any time, the officer shall be limited to not more than 20 hours per week.
D. 
No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Chief of Police, or, in the absence of the Chief, other chief law enforcement officer of the Township to carry a firearm and provided that the officer has satisfactorily completed the basic firearms course required for regular police officers and annual requalification examinations as required for permanent, regularly appointed full-time officers.
E. 
A special law enforcement officer shall be deemed to be on duty only while he is performing the public safety functions on behalf of the Township and when he is receiving compensation, if any, as shall be established by ordinance. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers, which duties are not assigned by the Chief of Police, or, in the absence of the Chief, other chief law enforcement officer of the Township, or while receiving compensation for those duties from a private employer.
F. 
A special law enforcement officer may, however, be assigned by the Chief of Police or, in the absence of the Chief, other chief law enforcement officer, to perform public safety functions for a private entity if the Chief of Police or other chief law enforcement officer supervises the performance of the public safety functions. If the Chief of Police or other chief law enforcement officer assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the local unit is reimbursed for the cost of assigning a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.
G. 
Any firearm utilized by a special law enforcement officer shall be returned at the end of the officer's workday to the officer in charge of the station house, which shall be supplied by the local unit. No special police officer shall carry a revolver or other similar weapon when off duty.
H. 
A special law enforcement officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, other chief law enforcement officer in the Township, and shall perform his duties only in the Township of Mansfield except when in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform duties in another unit pursuant to a mutual aid agreement.
I. 
The officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the local unit, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
J. 
A special law enforcement officer may travel through another local unit to reach a noncontiguous area of the local unit in which his appointment was issued or to transport persons to and from a correctional facility.
[Adopted 8-8-2007 by Ord. No. 2007-11]

§ 77-6 Establishment of Police Department.

A. 
There is hereby created in and for the Township of Mansfield, 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 article is intended to ratify the existence and operation of the Police Department, which has historically operated within and served the Township of Mansfield, and at the same time satisfy statutory requirements of current New Jersey law.
B. 
The members of the Mansfield Township Police Department, as presently constituted as of the date of adoption of this article, 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.

§ 77-7 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 Mansfield; 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.

§ 77-8 Composition and chain of command.

Said Police Department shall consist of one Chief of Police, and such Lieutenants, Sergeants, police officers, special law enforcement officers and civilian employees as deemed necessary and appropriate by the Township Committee, hereinafter designated as the "Appropriate Authority." The Township Committee 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 Committee may therefore re-create or resurrect an office that has been so abolished by naming a person to fill said office. No personnel may be appointed to the Mansfield 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 Township Committee to govern said Police Department. No police officers shall be appointed to the Mansfield Township Police Department until they have successfully completed physical, 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.

§ 77-9 Appropriate Authority.

The Appropriate Authority is hereby designated as the Mansfield Township Committee. The line of authority in the Police Department shall be as follows:
A. 
The Chief of Police shall be the head of the police force and shall prescribe the duties and assignments and chain of command with respect to all subordinates and other personnel. The Chief of Police shall be vested with all other authority provided for in N.J.S.A. 40A:14-118.
B. 
The Chief of Police shall report monthly to the Police Commissioner.
C. 
The Police Commissioner shall report monthly to the Township Committee, and the Chief of Police shall report from time to time as requested by the Township Committee. The Committee shall be the final authority on all matters relating to the operation of the Police Department.

§ 77-10 Police Department rules and regulations.

A. 
The Chief of Police, in conjunction with the Police Commissioner, 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 Mansfield." 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.
B. 
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.
C. 
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.

§ 77-11 Hearing authority.

A. 
The Chief of Police shall have the authority to discipline all sworn officers of the Police Department, including the authority to fine, reduce in rank, or suspend an officer for just cause and upon written complaint and a hearing, unless waived in accordance with applicable law.
B. 
With respect to reduction in rank or suspension, an officer of the Police Department may appeal the decision of the Chief of Police to the Police Commissioner. The Police Commissioner may hear the appeal or refer the matter for determination by the Township Committee. Notwithstanding the foregoing, the Township Committee may, in its discretion, elect to designate a hearing officer other than the Township Committee for the purpose of conducting the disciplinary hearing, receiving evidence, preparing a record, and submitting findings and a proposed recommendation of penalty, if any, to the Township Committee.
C. 
In addition to adjudicating appeals, the Police Commissioner and the Township Committee shall have the independent authority to initiate discipline of all officers in the Police Department, including the Chief of Police.

§ 77-12 Charging authority.

Only the Police Commissioner, the Township Committee or the Chief of Police may initiate major disciplinary charges against any member of the Police Department.

§ 77-13 Emergency directives.

Nothing contained herein shall infringe upon or limit the duty and authority of the Township Committee, 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.

§ 77-14 Civilian employees.

The Township Committee 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.

§ 77-15 Appointment and qualifications.

A. 
All appointments to the Police Department shall be made by the Township Committee through appropriate resolution.
B. 
No person shall be appointed as a sworn officer of the Police Department unless he or she:
(1) 
Is a citizen of the United States;
(2) 
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;
(3) 
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;
(4) 
Passes such medical and psychiatric examinations as are directed and requested by the Mayor and Committee or the Chief of Police, under their direction;
(5) 
Is able to read, write and speak the English language well and intelligently;
(6) 
Is of good moral character and has not been convicted of any crime involving moral turpitude;
(7) 
Has served a probationary period, not to exceed one year in accordance with N.J.S.A. 52:17B-68, pending his or her successful completion of a course at a qualified school recognized and approved by the New Jersey State Police Training Commission;
(8) 
Has a valid New Jersey driver's license;
(9) 
Has a high school diploma and has either 60 college credits or at least two years of prior military or two years law enforcement experience;
[Amended 4-9-2008 by Ord. No. 2008-04]
(10) 
Has not been convicted of any crime based upon a criminal background investigation.
C. 
The appointment of a sworn officer to the Police Department shall be made by the Township Committee.

§ 77-16 Police services.

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

§ 77-17 Chief of Police duties; Acting Chief.

A. 
The Chief of Police shall be the executive head of the Police Department and shall be directly responsible to the Police Commissioner and Township Committee 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 Police Commissioner and make such other reports to the Police Commissioner and/or Township Committee 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.
B. 
Should the sitting Chief of Police become incapacitated for a period which extends more than two weeks in duration, the Township Committee may appoint, by resolution, an Acting Chief of Police to fulfill the powers, functions and duties of the Chief of Police. The Acting Chief of Police shall retain said appointment until such time as the sitting Chief of Police is able to return to active duty, either on a full-time or approved light-duty schedule.
[Added 12-26-2007 by Ord. No. 2007-19]

§ 77-18 Discipline.

The Police Commissioner, The Township Committee or the Chief of Police shall determine the appropriate level of discipline in their sole discretion, based upon facts and circumstances surrounding the infraction and, if deemed applicable, any past disciplinary record.

§ 77-19 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.

§ 77-20 Powers and duties of police officers.

A. 
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 Township Committee.
B. 
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.
C. 
The Police Department, through its Chief, shall:
(1) 
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;
(2) 
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;
(3) 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township;
(4) 
Provide proper police attendance and protection at fires; and
(5) 
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.

§ 77-21 Hours of employment.

Each officer of the Police Department shall devote 80 hours every two weeks 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.

§ 77-22 Special law enforcement officers. [1]

A. 
No person shall be appointed as a special law enforcement officer 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 law enforcement officer shall be fingerprinted and his fingerprints shall be filed with the Division of the State Police and Federal Bureau of Investigation. The Chief of Police shall make reports to the Mayor and Committee concerning the eligibility and qualifications of any person proposed to be appointed a special law enforcement officer.
B. 
With the specific approval of the Chief of Police, any person, firm or corporation may engage the services of a special law enforcement officer 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 77-23 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.

§ 77-24 Retirement.

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

§ 77-25 Probationary service.

A. 
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.
B. 
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 Mansfield 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. Should the Chief of Police agree to extend the probationary employment of the employee for a period of six months, the probationary employment will then continue for that six-month extension period, and, during the period of extended probationary employment, the job performance of the employee will continue to be observed and evaluated. At the completion of the extended six-month probationary term, the overall job performance of the employee will be reviewed and a determination will be made by the Chief of Police concerning whether the person shall be recommended for a permanent appointment. If, at the end of the six-month extension of the probationary employment, the conduct or performance of the probationer has not been satisfactory, that person shall be notified, in writing, that the person will not receive absolute appointment.
C. 
At or before the end of the probationary period, the Township Committee 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 Township Committee shall give written notice to the appointee whose service is discontinued.

§ 77-26 Classes of patrolmen; advancements.

A. 
There will be five classes of patrolmen, which shall be known as "Patrolman Probationary," "Patrolman Step 1," "Patrolman Step 2," "Patrolman Step 3," "Patrolman Step 4," and "Patrolman Step 5."
B. 
Upon date of hire or graduation from a New Jersey State approved PTC academy, whichever is later, the patrolmen shall advance from Patrolman Probationary to Patrolman Step 1 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 Step 5, and they shall be paid salaries designated in the Salary Ordinance under the established categories.
C. 
If the Chief of Police does not recommend an advance in grade from one step 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.

§ 77-27 Classes of sergeants; advancements.

A. 
There will be two classes of sergeant, which shall be known as "Sergeant Step 1" and "Sergeant Step 2."
B. 
The Sergeant will become eligible for advance in grade at the expiration of each additional year, upon the recommendation of the Chief, until they have reached Sergeant Step 2, and they shall be paid salaries designated in the Salary Ordinance under the established categories.
C. 
If the Chief of Police does not recommend an advance in grade from one step 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.
D. 
The promotion and continuation of the position of Chief of Police shall be the sole prerogative of the Township Committee.