[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.]
[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; 12-30-2020 by Ord. No. 2020-25]
|
Maximum Number
|
Position
|
|---|---|
|
1
|
Chief of Police
|
|
1
|
Deputy Chief of Police
|
|
2
|
Captains
|
|
3
|
Lieutenants
|
|
9
|
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 or military service. A police officer must have an associate’s
degree or the equivalent of 60 college credits or shall have served
in the armed forces of the United States for a minimum of two years
and received an honorable discharge. The education or military service
requirement shall not apply to the initial appointment of a special
law enforcement officer, but no special law enforcement officer shall
be appointed as a police officer unless the aforesaid requirements
are satisfied.
[Amended 9-11-2019 by Ord. No. 2019-15; 4-12-2023 by Ord. No. 2023-04]
(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]
C.
Lieutenant of Police.
[Amended 4-19-2017 by Ord. No. 2017-05]
D.
Captain of Police.
(1)
Experience: Two years in Lieutenant grade with Manalapan Police Department.
[Amended 1-27-2021 by Ord. No. 2021-01]
(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]
(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.
[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; 1-27-2021 by Ord. No. 2021-01]
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:
(2)
Any written or oral 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 to include evaluations, command staff
ratings, training, responsibilities and department service awards.
(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 and/or oral 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; 1-27-2021 by Ord. No. 2021-01]
Results from any written promotional examination shall be valid
for three 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).
