A Police Department is hereby established for
the Borough of Pennington in the County of Mercer which shall consist
of the members of the Borough Council during the period in which they
are actually occupying office, a Director of Public Safety, the Chief
of Police, if any, and such additional officers and members as shall
be deemed necessary by the Borough Council to properly preserve the
peace of the borough and maintain order therein.
The Borough Council shall appoint all officers
and members of the Police Department.
A.
Pursuant to the authority contained in the N.J.S.A.
4OA:14-118, the Borough Council of the Borough of Pennington is hereby
designated as the "appropriate authority" for the adoption an promulgation
of rules and regulations for the government of the police force and
for the discipline of its members. The Public Safety Committee, which
consists of three members of the Borough Council, shall oversee the
operations of the Police Department. The Borough Council shall have
the discretion and authority to designate a hearing officer to conduct
such hearings and make findings and recommendations to the Borough
Council. The Borough Council, as appropriate authority, shall render
a final determination of all Police Department disciplinary matters.
The Borough Council shall have the power and authority to affirm,
reverse or modify the findings and recommendations of the hearing
officer.
B.
The rules and regulations adopted and promulgated
by the Borough Council shall become part of the Police Manual as so
directed by the Borough Council. The Borough Council shall prescribe
the policy and have general administrative control over the Department,
which control shall be exercised through the Director of Public Safety,
Chief of Police, if any, or the Public Safety Committee of Borough
Council.
C.
Rules and regulations.
[Added 4-3-1995 by Ord. No. 95-6]
(1)
The rules and regulations of the Police Department
of the Borough of Pennington are amended and supplemented and revised,
and said amendments, supplements and revisions are totally contained
in a document entitled "Rules and Regulations, Pennington Borough
Police Department, Pennington, New Jersey, 1995." Which consists of
an introduction, Code of Ethics, table of contents and 75 pages of
rules, regulations and procedures, which is to be entitled the "Rules
and Regulations of the Police Department of the Borough of Pennington
dated 1995."
(2)
One copy of the Rules and Regulations, Pennington
Borough Police Department, Pennington, New Jersey, 1995, shall be
and shall remain on file in the office of the Borough Clerk and made
available to persons desiring to examine the same if this section
shall be adopted, and while the same is still in effect.
A.
No personnel shall be appointed as a member of the
Police Department unless he/she possesses requisite qualifications
prescribed by the applicable statutes of New Jersey and unless he/she:
(1)
Is a citizen of the United States and the State of
New Jersey.
(2)
Is physically and mentally sound and emotionally stable
and possesses the necessary ability to understand and obey orders
and to perform the duties required of the Police Department.
(3)
Is able to read, write and speak the English language
well and intelligently and holds a minimum of a high school education
or equivalent.
(4)
Is of good moral character.
(5)
Has not been convicted of any criminal offense involving
moral turpitude.
(6)
Is not less than 18 years nor more than 35 years of
age at the time of appointment.
(7)
Meets proportionate height and weight requirements
based upon the schedule of desirable weight ranges which shall be
adopted by resolution of the Borough Council.
(8)
Is certified by a licensed psychiatrist or qualified
expert selected by the Borough Council as being emotionally and mentally
capable of assuming the duties of a police officer.
(9)
Is able to pass any written test which may be conducted
by the Borough Council to the satisfaction of the Borough Council.
(10)
Holds a valid New Jersey driver's license.
B.
Probationary period.
(1)
All appointees of the Police Department shall have
a probationary period of one year during which they will serve at
the will of the Borough Council. No person holding such a probationary
appointment shall be given or accept a permanent appointment unless
such person has successfully completed a police training course at
an approved school. Continuation in the service is dependent upon
the conduct of the appointee and fitness of performance of duties.
At the termination of the probationary period, if the conduct or capability
of the probationer has not been satisfactory, he/she shall be notified
by the Borough Council, and he/she will not receive appointment, and
the service shall be terminated.
(2)
At, during or before the end of the probationary period,
the Borough Council may discontinue the service of any such appointee
if the working test indicated that the appointee is unable or unwilling
to perform the duties of the position satisfactorily or is of such
reputation, habits and dependability as not to merit continuation
in the police service. Failure to qualify in the use of a police weapon
or to obtain a Red Cross first aid certificate or equivalent, or inability
to understand the functioning, application and use of any police equipment
shall be sufficient reason for discontinuance of any such appointee,
though discontinuance may be made for causes other than those enumerated
herein.
C.
Every member of the Police Department, before entering
upon the performance of the duties, shall take and subscribe to an
oath of affirmation to uphold and defend the provisions of the Constitution
of the State of New Jersey, to obey the laws of the State of New Jersey
and the ordinances of the Borough of Pennington and the rules and
regulations any any other policies and/or procedures established by
the Department and the orders of his/her superiors in office, an to
faithfully, justly and impartially discharge the duties of the office,
and shall file such oath or affirmation with the Clerk of the borough
and shall sign the police register.
The Police Department of the Borough of Pennington
shall consist of a Director of Public Safety, Chief of Police, if
any, or administrative officer in charge, as the case may be, who
shall be the administrative head of the Department, and the regular
members who shall be appointed by the Borough Council to their respective
ranks.
The Borough Council shall provide for the maintenance,
regulation and control of the Police Department and may further promulgate
and adopt rules and regulations for the government of the Police Department
and the discipline of its members, which rules and regulations shall
become a part of the police manual if so directed by the Borough Council.
The Borough Council shall prescribe the policy and have general administrative
control over the Department, which control shall be exercised through
the Chief of Police, Director of Public Safety or the administrative
officer in charge, as the case may be.
A.
Position established. There is hereby established
the administrative position of Director of Public Safety.
B.
Method of appointment. The Director of Public Safety
may be appointed pursuant to the provisions of N.J.S.A. 40A:9-1.1
by the Borough Council.
C.
Term of appointment. The Director of Public Safety
shall serve for a term at the pleasure of the Borough Council.
D.
Qualification of appointee. The person appointed to
the position of Director of Public Safety shall be qualified by training
and experience for the duties of this position, but in no event shall
a person be appointed unless such person meets the following minimum
qualifications:
(1)
A bachelor's degree from an accredited college or
university in public safety administration, police science or a related
field is preferred.
(2)
A minimum of 10 years' experience as a member of a
Police Department, five years of which shall have been in a supervisory
and administrative capacity.
E.
Powers. Under the general direction of the Borough
Council, the Director of Public Safety shall have control over the
Police Department in such manner as may be consistent with all applicable
statutes, ordinances and regulations and shall be responsible for
the administration, regulations and discipline of the Police Department.
All officers and patrolmen of the Police Department shall perform
their duties subject to the supervision and control of the Director
of Public Safety.
F.
Duties. The duties of the Director of Public Safety
shall include but not be limited to the following:
(1)
Shall have full control over the Police Department
and see to the proper enforcement of the rules and regulations adopted
by the Borough Council; shall report to the Borough Council from time
to time such matters as may require the attention of the Borough Council
with the recommendations of the Director thereon, relating to conditions
of the Department and its improvements and needs; shall perform such
other matters in connection therewith as may be prescribed by the
Borough Council; shall provide rules for application to become members
of the police force; shall examine all applicants for positions on
the police force and recommend for positions on the police force such
persons as the Director may deem proper from time to time; shall prefer
charges against and in his/her discretion, pending a final hearing
on the charges, suspend any officer or member of the force and otherwise
exercise control over all subordinates, subject to law; and may employ
marshals in emergencies and discharge them at the expiration thereof.
(2)
To keep abreast of the Public Safety requirements
of the borough and formulate policies, plans and procedures responsive
to determined needs.
(3)
To develop organization, manpower and resource recommendations
and, upon approval of same by the Borough Council, effect their implementation.
(4)
To establish performance criteria for the Police Department
as well as its individual members and conduct periodic evaluations
to assure compliance with those criteria.
(5)
To establish and maintain relations with school, civil
and private organizations to assure a full understanding of the public
safety effort.
(6)
To conduct public relations and public information
programs on behalf of the Police Department and the citizens of the
borough.
(7)
To promote a close liaison with the various agencies
of the borough and Hopewell Township, and to attend all meetings of
the Borough Council when necessary, to better coordinate the functioning
of the Police Department with the work of all municipal agencies.
(8)
To regularly review the ordinances of the borough
dealing with public safety to assure their propriety with the prevailing
public safety needs of the borough.
(9)
To annually prepare a budget request for the Police
Department and administer same.
(10)
To plan and implement an ongoing program of training
and education, subject to the approval of the Borough Council, for
all the members of the Police Department, so that they will be fully
apprised of current developments in law enforcement.
(11)
To take an active part in any land use proposals or
studies which are or might be conducted for the Borough Council so
that adequate consideration is given to the present and future needs
of the Police Department as well as to facilities and programs incidental
to the functioning of the Department and the implementation of the
program of preventive law.
(12)
To otherwise function in an executive capacity in
evaluating, planning, organizing and directing the Police Department
of the borough.
G.
Compensation. The Director of Public Safety shall
be paid an annual salary as established by the Borough Council.
H.
In the event of a vacancy in the position of Director
of Public Safety, absence or incapacity, the next ranking officer
may, if so directed by the Borough Council or the Public Safety Committee,
temporarily assume the position, duties and responsibilities of the
Director of Public Safety until such vacancy is filled.
A Chief of Police, if appointed by the Borough
Council, shall, pursuant to policies established by the Borough Council,
have the powers and duties as provided by law in N.J.S.A. 40A:14-118.
The members of the Police Department shall be
responsible for the proper enforcement of all ordinances of the borough
and all laws of the State of New Jersey. They shall have the power
to arrest with or without warrant as permitted by law any person committing
a breach of the peace or violating any law of this state or ordinance
of the borough. Each member shall promptly execute all warrants and
papers as are required of him/her to be served within the limits of
the borough or elsewhere when so directed by the Director of Public
Safety or the Chief of Police. Each member shall patrol the streets
of the borough at such time and on such routes, and perform such other
duties and services, as may be assigned to him/her by the Chief of
Police or Public Safety Director.
The Chief of Police or Public Safety Director
shall report, in writing, to the Borough Council at the regular monthly
meeting of the Borough Council, all matters pertaining to the Police
Department. Such report shall contain a record of all arrests and
complaints, together with the disposition of same and such recommendations
as, in the opinion of the Chief of Police or Public Safety Director,
will increase the efficiency of the Department. In addition, such
monthly report shall include all reports of fires or fire-related
calls of any kind and nature whatsoever received by the Police Department,
as well as the action taken in connection with such calls or notices
of fire. Notwithstanding anything else herein contained, the Borough
Council may, in its discretion, from time to time, require the Department
to make such additional reports to it as the Borough Council may deem
appropriate.
All orders and assignments for the members of
the Police Department from the Borough Council shall be made to and
through the Public Safety Committee of Borough Council, the Chief
of Police or Director of Public Safety, as the case may be.
No member of the Police Department shall be
suspended as a punishment, removed, fined or reduced from office of
employment except for just cause as provided by New Jersey law and
then only after written notice of charges of the cause or complaint,
signed by the person making the same, shall have been preferred against
such member and filed with the Borough Council. It is the intent of
this section to give the person so charged a fair hearing and every
opportunity to make his/her defenses, if any, in accordance with the
provisions of N.J.S.A. 40A:14-149 and 40A:14-149.1 and the amendments
thereof and supplements thereto.
The Chief of Police or Director of Public Safety
or the Borough Council may suspend any member of the Department from
active duty pending a hearing on charges preferred against such member,
pursuant to and as required by N.J.S.A. 40A:14-147, 40A:14-149 and
40A:14-149.1, as amended and supplemented.[1]
[1]
Editor's Note: Former Subsection K, Marshals,
was repealed 12-27-1995 by Ord. No. 95-21, which further provided
that all individuals designated as marshals shall be classified as
Class 2, special law enforcement officers, or, if appropriate, as
patrolman trainee.
The Chief of Police or the Director of Public
Safety, subject to the review and approval of the Borough Council,
shall determine whether a member shall receive compensatory time off
from regular duty hours or additional compensation for required court
appearances. All compensation shall be paid in accordance with salary
ordinances of the borough, but the total for any calendar year shall
not exceed the budget allocation therefor.
