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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-5-1979 as §§ 22-1 to 22-19 of the 1979 Revised General Ordinances]
Within the Department of Public Safety there shall be a Division of Police, also known as the Police Department. The Division of Police, as heretofore established, is hereby continued and is subject to all laws and ordinances relating to a municipal police department.
The Division of Police shall consist of a Chief of Police and as many Captains, Lieutenants, Sergeants, patrolmen and probationary patrolmen as the Manager may, from time to time, appoint.
[Amended by Ord. No. 39-1992; Ord. No. 9-1999; Ord. No. 41-1999]
A. 
To be eligible for appointment as a probationary patrolman, the applicant must have the following qualifications:
(1) 
Be a citizen of the United States.
(2) 
Be a resident of the Township for at least two years next preceding his appointment.
(3) 
Be of good moral character.
(4) 
Be able to read and write the English language intelligently.
(5) 
Be at least 18 years of age and not more than 30 years of age.
(6) 
Be at least five feet eight inches tall.
(7) 
Weigh not less than 140 pounds.
(8) 
Be in good health, sound in mind and body.
(9) 
Exhibit, at the time of his application, a certificate from the Township Physician that he is physically capable of performing the duties which will be required of him as a probationary patrolman.
(10) 
Hold a bachelor's degree in any field of study or have served in the military for a minimum of two years with honorable discharge and hold either an associate degree or attain a minimum of 66 credits in any field of study from an accredited institution of higher learning.
B. 
Probationary patrolmen shall be appointed on the basis of merit and as a result of a competitive examination of such character as fairly to test and determine the qualifications, fitness and ability of the applicant to perform the duties of the position to which appointment is sought. The aforesaid examination shall be conducted at such time and in such manner as the Manager shall determine.
C. 
The applicants shall pay a nonrefundable registration/examination fee of $75 for the competitive examination referred to in Subsection B.
[Amended 5-4-2009 by Ord. No. 20-2009]
No person shall be eligible as a patrolman without having first been a probationary patrolman for at least one year.
Promotion in the Division of Police shall be made on the basis of merit and as a result of a competitive examination, which any member of the Division may take, in which due consideration shall be given to the applicant's previous record in the Division of Police.
A. 
The Division of Police shall preserve the peace, protect life and property and prevent and detect crime.
B. 
The Division shall have all the functions, powers and duties prescribed by law for a municipal police department generally or by any provision of the Charter and ordinances relating to the Township Police Department, Chief of Police or officers and members of the Division.
C. 
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.
D. 
The members of the Division of Police shall have power to serve and execute all process issuing out of the Municipal Court of the Township, except as to the service of civil process out of courts other than the Municipal Court of the Township.
The Chief of Police shall be the chief administrative officer of the Division of Police, subject to such rules, regulations and orders as may, from time to time, be established by general law or by the Manager in writing.
A. 
Captains shall have the powers vested in them by law, subject to such rules and regulations and orders as may, from time to time, be established in writing by the Manager.
B. 
Captains shall promptly report to the desk officer any and all infractions of rules, orders and regulations, or any unfitness for the performance of duties, and submit to the Chief of Police in writing a report containing such information.
A. 
The officers and members of the Division of Police shall severally hold their respective offices and continue in their respective employments during good behavior, efficiency and residence in the Township.
B. 
The said officers and members shall not be removed from office or employment in the Division for political reasons or for any other cause than incapacity, misconduct, nonresidence or disobedience of the established rules and regulations, except as Subsection C of this section.
C. 
Any member of the Division of Police who shall be absent from duty without just cause for the term of five days continuously shall, at the expiration of five days, cease to be a member of the Division of Police.
A. 
The Manager shall have the power and authority to reprimand, suspend, dismiss, deduct pay or reduce in rank, according to the nature and degree of his offense, any member of the Police Division for any violation of any of the rules and regulations governing the Division of Police including the following acts:
(1) 
Intoxication while on duty.
(2) 
Willful disobedience of orders.
(3) 
Indecent, profane or harsh language.
(4) 
Disrespect to a superior officer.
(5) 
Unnecessary violence to prisoners.
(6) 
Leaving post without just cause.
(7) 
Neglect in paying just debts contracted while in service.
(8) 
Absence without leave.
(9) 
Incompetency, lack of energy or incapacity, either mental or physical.
(10) 
Immorality, indecency or lewdness.
(11) 
Gross ignorance of the rules and regulations of the Division of Police.
(12) 
Visiting, except on police business, any gambling house or house of ill fame, or while in uniform or on duty on police business, visiting any licensed alcoholic beverage premises.
(13) 
Sleeping on duty.
(14) 
Neglect of duty.
(15) 
Violation of any criminal law.
(16) 
Making known the proposed action or movements of the force, or the provisions of any order, other than to persons immediately concerned in their execution.
(17) 
Conduct unbecoming an officer and gentleman.
(18) 
Conduct subversive of good order and discipline of the force.
(19) 
Publicly commenting on the official action of a superior officer or member of the Council.
(20) 
Failure to report a known violation of law or of any ordinance of the Township.
(21) 
Accepting a bribe or favor as a consideration either for the performance or nonperformance of his duty.
(22) 
Making false representations in an application for appointment to the Division.
(23) 
Soliciting anyone to intercede with the Chief of Police or the Manager regarding promotions, change of beat or shift, disposition of pending charges or any findings at a trial before the Manager.
(24) 
Refuse to perform any duty, evasion of any duty, whether on duty or elsewhere, and whether in uniform or not.
B. 
Whenever any member of the Division shall be suspended from office and afterwards reinstated, he shall not be entitled to receive pay for the period of such suspension unless the Manager shall otherwise direct.
A. 
Every member of the Division of Police shall report annually to the Township Physician at a place and time designated by the Physician and submit to a complete physical examination by the said Physician.
B. 
If the member is found by said Physician to be suffering from any ailment, or to be underweight or overweight, the member shall take such treatment or comply with such instructions as the Township Physician may prescribe or give.
A. 
Any member of the Division of Police who shall be unable to report for duty by reason of any injury or incapacitating illness shall immediately report that fact to his immediate superior officer who, upon receiving any such report, shall immediately arrange to have the Township Physician make a prompt examination of such incapacitated person.
B. 
The Township Physician, after having made such examination, shall submit his report to the Chief of Police, setting forth the nature of the incapacitating illness or injury and an estimate of the probable length of time during which such member of the Division will be absent from duty.
C. 
The said Physician shall follow up and keep a record of each case and shall advise the Chief of Police that said member is available for duty.
D. 
The Chief of Police may then order the member to return to duty, even though such member shall be under the care or treatment of another physician.
E. 
The Township Physician shall, from time to time, report in writing to the Manager or Chief of Police all cases of illness or absence from duty because of injuries or illness where such absence has continued for a period of 30 days or more.
F. 
The said Physician shall also report all cases of repeated excuse from duty or sick leave, together with a statement of the circumstances, and his recommendations concerning the same.
Any member of the Division who shall sustain any injury or become ill while on duty shall immediately report such fact to his immediate superior officer or the desk officer.
Whenever, in the opinion of the Township Physician, a member of the Division has incurred a physical disability not in the line of duty which prevents the performance of full duty, the Manager may have such member examined by two additional competent disinterested physicians. Upon the confirmation of the findings by any two of them, the Manager may direct that such member be paid 1/2 pay during such period of disability or any part of said period.
A. 
The Manager shall, from time to time, make rules and regulations concerning the conduct and duties of the officers and members of the Division, the kinds of uniforms and insignia to be worn by them and concerning such other matters as may be necessary for the proper regulation of the Division of Police.
B. 
The rules and regulations shall be issued in writing and shall have the same force and effect as though included in this chapter.
C. 
The rules and regulations, when promulgated, shall become binding upon each member of the Division of Police.
D. 
Every member of the Division shall familiarize himself with the rules and regulations of the Division of Police and with the various ordinances of the Township.
The hours of employment of members of the Division of Police shall not exceed eight consecutive hours in any one day, nor more than 40 hours in any one week; provided that, in case of an emergency, the officer having charge of the Division, or the Manager, shall have the authority to summon or retain on duty during the period of emergency.
A. 
The members of the Division of Police shall receive for their respective services such salaries as may, from time to time, be established by ordinance.
B. 
Members of the Division shall be entitled to such annual vacations, with pay, as may, from time to time, be established by the Council.
Members of the Division of Police shall be required to appear in court, as required by rule or regulation, or as directed. Unless otherwise provided by rule or regulation, the time required for court appearances shall not be counted as part of the regular forty-hour work week, nor shall extra compensation be allowed or paid for such time spent in court appearances.