Township of Manalapan, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 47 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 16.
Personnel policies — See Ch. 30.
Salaries and compensation — See Ch. 41.
Alarm devices — See Ch. 52.
Fees for police services — See Ch. 102, Art. I.
[Amended 12-21-2011 by Ord. No. 2011-11]
A. 
Establishment. The Police Department of the Township of Manalapan is hereby established and shall consist of such sworn members as shall be set forth in the table of organization contained herein as well as such other employees as the Township Committee may from time to time deem necessary and appropriate.
B. 
Current table of organization. The existing authorized membership of the Police Department consists of the following number of sworn officers holding the ranks indicated:
[Amended 9-7-2016 by Ord. No. 2016-08]
Number
Position
1
Chief of Police
2
Captains
5
Lieutenants
8
Sergeants
41
Patrol officers
C. 
Permanent table of organization. The current number and ranks of sworn members of the Police Department shall be modified and adjusted until such time as the following number of officers holding the ranks indicated shall exist as authorized by this permanent table of organization of the Police Department, as follows:
[Amended 2-13-2013 by Ord. No. 2013-01; 9-7-2016 by Ord. No. 2016-08; 7-12-2017 by Ord. No. 2017-15]
Maximum Number
Position
1
Chief of Police
2
Captains
3
Lieutenants
7
Sergeants
45
Patrol officers
Not to exceed 25% of total sworn officers
Special law enforcement officers Class II
No limitation
Special law enforcement officers Class I
No limitation
Special law enforcement officers Class III
(1) 
It is the preference of the Township, as a manner of policy, that changes in the current table of organization necessary to achieve the permanent table of organization in the Police Department be made by means of attrition rather than by demotions or layoffs.
(2) 
The right is reserved to the Township Committee, however, to determine in its sole discretion if demotions or layoffs should be made due to economic and budgetary considerations in order to effect the permanent table of organization of the Police Department.
D. 
Special law enforcement officers.
[Added 2-13-2013 by Ord. No. 2013-01]
(1) 
Class I. Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties. Class I 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 I officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class II. Officers of this class are 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 New Jersey Police Training Commission.
(3) 
Class III. 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 while providing security at a public or nonpublic school on the school premises during hours when it is occupied by public or nonpublic school students or their teachers. While on duty, a Class III officer may respond to offenses or emergencies off school grounds if they occur in the officer's presence while traveling to a school facility. 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 New Jersey Police Training Commission.
[Added 7-12-2017 by Ord. No. 2017-15]
A. 
All members of the Police Department shall be appointed by the Township Committee by resolution to hold office as provided by law.
B. 
Special law enforcement officers shall be appointed for terms not to exceed one year, and the appointments may be revoked by the Township Committee 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 of the Township or any other municipality, and their powers and duties shall cease at the expiration of the term for which appointed.
[Added 2-13-2013 by Ord. No. 2013-01]
[Amended 3-19-2008 by Ord. No. 2008-03]
The Township Administrator shall be designated as the “appropriate authority” as provided for in N.J.S.A. 40A:14-118, or any successor statute. The Township Administrator shall be responsible for the overall performance of the Police Department. The Township Administrator shall, from time to time, promulgate rules and regulations and amend same, for the governing of the Police Department, for the discipline of its members and any other lawful matters concerning said Police Department. All members of the Police Department shall be subject to such rules and regulations. The Chief of Police shall be in charge and have the supervision and control of the Police Department as further defined in N.J.S.A. 40A:14-118.
[Amended 3-19-2008 by Ord. No. 2008-03]
The Township Administrator shall establish and may, from time to time, amend and repeal such rules and regulations as he/she deems necessary for the governing and efficient working of the Department. The rules and regulations shall be transmitted to the Chief of Police by the Township Administrator. Within five days after the adoption of such rules and regulations or any amendment or repeal thereof, a copy thereof shall be posted or made available to the Chief of Police by the Township Administrator. All members of the Police Department shall be subject to the rules and regulations presently in existence and also to additional rules and regulations that may be established by the Township Administrator. Such rules and regulations may provide for penalties and forfeitures as the Township Administrator may deem necessary and expedient.
Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath to bear the true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all of the duties of his office, which oath or affirmation shall be filed with the Clerk.
[Amended 3-19-2008 by Ord. No. 2008-03]
A. 
Creation, powers, and qualifications. The Office of Chief of Police is hereby created, the holder of which shall be the Executive Head of the Police Department and shall be charged with the supervision and direction of the Department pursuant to the provisions of this section. In the temporary absence or disability of the Chief of Police, the Chief of Police shall designate on a temporary basis a Superior Officer of the Department to act as Executive Head of the Department.
B. 
Appointment; term. The Chief of Police shall be appointed by the Township Committee in accordance with the laws of the State Department of Personnel of New Jersey and N.J.S.A. 40A:14-118. The Police Chief shall be responsible to the Township Administrator, as established under this chapter and consistent with his oath of office.
C. 
Salary. The Police Chief shall be paid such salary as is provided for by the Township Committee.
D. 
Duties. The Chief of Police shall be the Chief Administrative Officer of the Police Department and shall be directly responsible to the Township Administrator for the efficiency and routine day-to-day operations thereof pursuant to policies established by the Township Administrator. He shall be responsible for the protection of lives and property in the Township and for the organization and direction of all Township activities concerned with public safety and the police function as defined by the applicable statutes. He shall further, pursuant to policies established by the Township Administrator:
(1) 
Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
(2) 
Have, exercise, and discharge the functions, powers, and duties of the force;
(3) 
Prescribe the duties and assignments of all subordinates and other personnel;
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and
(5) 
Report at least monthly to the Township Administrator in such form as shall be described by the Township Administrator on the operation of the force during the preceding month, and such other reports as may be requested by such authority.
E. 
Removal. The Chief of Police may be removed for cause by the Township Committee pursuant to N.J.S.A. 40A:14-147 et seq. and Title 11 of the Laws of the State of New Jersey.
[Added 8-13-2003 by Ord. No. 2003-14]
A. 
Creation, powers and qualifications. The Township Committee may appoint the position of Deputy Chief of Police at its discretion. Should the Township Committee so appoint a Deputy Chief of Police, that individual will be charged with assisting the Chief of Police with the supervision and direction of the Department pursuant to the provisions in § 33-6. In the temporary absence or disability of the Chief of Police, the Deputy Chief of Police shall act on a temporary basis as executive head of the Police Department.
B. 
Salary. The Deputy Chief of Police shall be paid such salary as established by the Township Committee.
C. 
Duties. The Deputy Chief of Police shall be the assistant chief administrative officer of the Police Department and shall have those powers and perform such duties assigned by the Chief of Police.
D. 
The Deputy Chief of Police may only be removed for cause by the Township Committee pursuant to N.J.S.A. 40A:14-147 et seq.
[Amended 3-19-2008 by Ord. No. 2008-03]
A. 
The duties of all members of the Police Department shall be as prescribed by applicable laws of the State of New Jersey, by applicable ordinances and resolutions of the Township, including this chapter, and by such applicable rules and regulations as may hereafter be established by the Township Administrator for the governance and discipline of the Department. Further, the Police Department 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, disburse unlawful or dangerous assemblages, and preserve order at all elections and public meetings 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, to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Township for such purposes.
(3) 
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.
(4) 
Provide proper police attendance and protection at fires.
(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 cooperation fully with the law enforcement and prosecuting authorities of federal, state, and county governments.
(6) 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
(7) 
Notify the Chief of Police of the presence of any contagious or infectious diseases or the existence of any business or occupation in the Township detrimental to the public health. The Chief of Police shall report such facts to the local Board of Health and to the Township Administrator.
B. 
All regular and special law enforcement officers shall have the power to serve and execute all processes issuing from the Municipal Court of the Township, as well as from all other courts of the State of New Jersey.
[Amended 2-13-2013 by Ord. No. 2013-01]
C. 
Special law enforcement officers shall be deemed to be on duty only while performing the public safety functions on behalf of the Township of Manalapan and when receiving compensation as shall be established by ordinance. Special law enforcement officers 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 in accordance with § 33-16.
[Added 2-13-2013 by Ord. No. 2013-01]
Disciplinary action shall be issued for just cause only, according to conditions and procedures contained in collective bargaining agreements and such laws and regulations as may apply.
[Amended 3-19-2008 by Ord. No. 2008-03]
All members of the Department, except employees hired to serve in the Police Department, shall be furnished with a badge, identification card, and other supplies and equipment as may be required by the Township Administrator. The badge, identification card, and any equipment and supplies so assigned shall be returned within 48 hours following termination of membership and/or appointment.
All firearms which may be provided by the Township shall remain the property of the Township.
Each applicant for the Police Department shall comply with all of the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Township unless such person has first been given a probationary or temporary appointment to such office in accordance with N.J.S.A. 52:17B-69, and has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1961.
[Amended 6-12-1996 by Ord. No. 96-11; 3-9-2005 by Ord. No. 05-10; 2-28-2007 by Ord. No. 07-06; 10-7-2008 by Ord. No. 2008-19; 6-20-2012 by Ord. No. 2012-10[1]]
A. 
Police officer and special law enforcement officer.
[Amended 2-13-2013 by Ord. No. 2013-01]
(1) 
Age: must be at least 18 years of age.
(2) 
Citizenship: must be a citizen of the United States. Special law enforcement officers shall be a resident of New Jersey during the term of appointment.
(3) 
Morality: of good moral character; never convicted of any criminal offense involving moral turpitude, an offense involving dishonesty, or a crime of the third degree or above.
(4) 
Education: must have an associate's degree, or the equivalent of 60 college credits, but a bachelor's degree shall be preferred, and meet all standards of the Police Department.
(5) 
Written exam: pass any and all written exams prescribed by the Chief of Police with the approval of the Township Committee.
(6) 
Physical: weight in proportion to height, able to pass physical agility test.
(7) 
Medical: applicant should be medically fit and sound, exhibiting no physical impairment which would render the applicant incapable of performing the duties of a police officer. Applicant must have normal hearing, be able to distinguish colors accurately and have 20/20 vision (eyeglasses acceptable).
(8) 
Psychological: candidates will be examined by a professional to determine a candidate's intellectual and mental fitness for a position as a police officer.
(9) 
Oral interview: conducted by police examining teams who shall refer two to five candidates, if otherwise qualified, per opening to the Chief of Police. Additional oral exams may be conducted by the Chief of Police, Township Administrator, and/or Township Committee.
(10) 
Background: Candidate will undergo a thorough background investigation, including but not limited to FBI, State Police, local police, schools, credit bureau, family, etc.
(11) 
Determined to be capable of performing the essential functions of the position.
(12) 
Driver's license: Candidate must possess a valid New Jersey Division of Motor Vehicles driver's license at time of appointment.
(13) 
Appointment: by the Township Committee.
B. 
Sergeant of Police.
[Amended 4-19-2017 by Ord. No. 2017-05]
(1) 
Experience: five years; three with Manalapan Township Police Department.
(2) 
Education: See § 33-15.
(3) 
Medical and psychological exams: See § 33-13.
(4) 
Oral interview: by the Township Administrator and Township Committee.
(5) 
Appointment: by the Township Committee, with a probationary period of one year.
C. 
Lieutenant of Police.
[Amended 4-19-2017 by Ord. No. 2017-05]
(1) 
Experience: one year in grade of Sergeant with Manalapan Police Department.
(2) 
Education: See § 33-15.
(3) 
Medical and psychological exams: See § 33-13.
(4) 
Oral interview: by the Township Administrator and Township Committee.
(5) 
Appointment: by the Township Committee, with a probationary period of one year.
D. 
Captain of Police.
(1) 
Experience: one year in Lieutenant grade with Manalapan Police Department.
(2) 
Education: See § 33-15.
(3) 
Medical and psychological exams: See § 33-13.
(4) 
Written proposal: The top candidates shall be required to submit responses to any questions that may be presented by the Chief of Police with the approval of the Township Administrator.
(5) 
Oral interview: by the Township Committee.
(6) 
Appointment: by the Township Committee, with a probationary period of one year.
E. 
Chief of Police.
(1) 
Experience: one year in grade of Captain or one year in grade of Lieutenant with Manalapan Police Department at time of oral examination.
[Amended 3-11-2015 by Ord. No. 2015-06]
(2) 
Education: See § 33-15.
(3) 
Medical and psychological exams: See § 33-13.
(4) 
Written proposal: The top candidates shall be required to submit responses to any questions that may be presented by the Chief of Police with the approval of the Township Administrator.
(5) 
Oral interview: by the Township Administrator Township Committee.
(6) 
Appointment: by the Township Committee.
[1]
Editor's Note: This ordinance also renumbered former § 33-12 as § 33-13, former § 33-13 as § 33-14, and former § 33-14 as § 33-12.
[Amended 6-12-1996 by Ord. No. 96-11; 3-9-2005 by Ord. No. 05-10; 6-20-2012 by Ord. No. 2012-10]
A. 
Scope. The promotion procedure covered by this section shall apply to all Police Department promotions.
B. 
Promotion criteria. In addition to the qualifications set forth in other sections of this chapter, the following factors are to be considered in the evaluation and recommendation of candidates for promotion:
(1) 
Minimum education requirements as set forth in § 33-15.
(2) 
Any written examination as may be prescribed by the Chief of Police with the approval of the Township Administrator.
(3) 
Length of service.
(4) 
Contents of personnel file.
(5) 
Medical and psychological examinations to insure medical fitness for the position sought and assessment of the candidate's ability to supervise and relate to others in the chain of command.
C. 
Procedure.
(1) 
Recommendation of candidates.
(a) 
The Chief of Police or his/her designee will compile a list of candidates for each promotion in order of standing using the results of any written examination and consideration of length of service and contents of the personnel file.
(b) 
The Chief of Police or his/her designee will provide a recommendation as to the suitability of each of the top three candidates for promotion for each vacant position.
(c) 
The Chief of Police or his/her designee will forward to the Township Administrator the Chief's recommendation of the top three candidates for each vacant position to be filled; and the results of the psychological and medical examinations.
(d) 
The Township Committee shall consider the written recommendation of the Chief of Police as to the suitability of the top three candidates for promotion but need not solely rely on such in making its final decision as to which candidate(s) to promote.
(e) 
The Township Committee and the Administrator shall conduct such interviews of the candidates for each promotion as they may consider appropriate.
[Amended 3-9-2005 by Ord. No. 05-10; 6-20-2012 by Ord. No. 2012-10]
Results from any written promotional examination shall be valid for two years from the date thereof.
[Amended 7-24-1996 by Ord. No. 96-15; 3-9-2005 by Ord. No. 05-10]
Minimum educational requirements shall be as follows:
College Credits
Chief
Deputy Chief
Capt.
Lt.
Sgt.
2005/6
BS
BS
96
66
66
2007
BS
BS
102
72
72
2008
BS
BS
108
78
78
2009
BS
BS
114
84
84
2010
BS
BS
120
90
90
2011
BS
BS
BS
96
96
2012
BS
BS
BS
102
102
2013
BS
BS
BS
108
108
2014
BS
BS
BS
114
114
2015
BS
BS
BS
120
120
2016
BS
BS
BS
BS
BS
A. 
Extra duty assignments of regular police personnel employed by the Township of Manalapan performed on behalf of any entity other than the Township of Manalapan shall not be given, unless the provisions of this section are complied with. However, this section does not apply to assignments or work performed for or at the direction of any special task force or similar assignments by the Monmouth County Prosecutor or other law enforcement agencies, except that payments to the officers performing such assignments may be made by such law enforcement agencies through the Township Extra Duty Police Fund subject to the approval of the Municipal Finance Officer.
[Amended 5-23-2001 by Ord. No. 01-07]
B. 
Whenever the Chief of Police or his designee determines that extra duty assignments shall be performed for a party requesting private or quasi-public duty, the Chief of Police or his designee shall enter into an agreement providing for extra duty assignments for which the Township shall be compensated at the rate set from time to time by resolution of the governing body. These duties shall include, but not be limited to traffic control, crowd control and other police-type duties.
C. 
The agreement shall be in accordance with the following standards:
(1) 
The party requesting the assignment shall execute and deliver an agreement in a form approved by the Township Committee by a resolution adopted from time to time. The Chief of Police or his designee shall be authorized to execute any such agreement, provided it has been submitted in the form approved by the resolution.
(2) 
The Township shall be responsible to provide all necessary insurance coverage as required by law including, but not limited to, worker's compensation, public liability and claims for damage for personal injury including death or damage to property which may arise or result from the Township performance under the contract.
(3) 
The party requesting the assignment of the police officer shall indemnify and hold harmless the Township from any and all claims made by said police officers for injury or illness while performing extra duty assignments for said party. In addition, the party shall hold the Township harmless from any and all claims made by any third party for injury, illness or damage to property arising out of the extra duty assignment of a police officer.
(4) 
Any and all extra duty assignments shall be determined and approved by the Chief of Police or his designee. The Chief of Police or his designee may assign a patrol vehicle for use in performing extra duty, if and in the event it is determined by the Police Chief or his designee in their sole discretion that the use of the patrol vehicle is necessary to perform the contractual duty.
(5) 
The work performed shall be considered "special assignment from independent contractors" and will not be considered direct assignment or duty on the job through the Township. The performance of any and all extra duty assignments shall be on a voluntary basis in accordance with the system established and administered by the Chief of Police.
(6) 
Any and all payments due under the agreement shall be paid 15 days from the date of billing. Interest shall be charged at the rate of 18% per annum on any amount billed for which the payment has not been made within 15 days. The delinquent party shall be liable for all costs, fees and attorneys fees associated with the collection of any amounts due.
(7) 
At the time of the execution of the agreement the contracting party shall deposit a portion of the anticipated costs as determined in the contract with the Township.
D. 
A police officer shall not be assigned to extra duty if there is any reason or probability that the extra duty assignment will interfere with the police officer's performance or compromise a police officer's position as a conflict of interest or if such extra duty shall exceed 20 hours per week.
[Amended 2-13-2013 by Ord. No. 2013-01]
All members of the Police Department shall provide and maintain in clean and serviceable condition such wearing apparel as shall be prescribed by the Township Committee. The uniforms shall be furnished at the expense of the Township. The members shall also be issued a badge and identification card and other supplies and equipment as may be required by the Township. The badge, identification card and all other equipment shall be returned by the Township at the termination of the appointment. Special law enforcement officers shall wear insignia clearly identifying them as special law enforcement officers (Class II or Class I).