[Adopted 12-6-2001 by Ord. No. 747 (Ch.
16 of the 1970 Code)]
The purpose of this article is to provide for
the organization, maintenance, regulation and control of the Police
Department and to provide for the adoption of rules and regulations
relating to the organization and operation of the Police Department.
[Amended 7-16-2009 by Ord. No. 867; 12-15-2022 by Ord. No. 1063]
The Mayor or his/her designee; and in the absence of the Mayor,
the Borough Administrator; and in the absence of the Borough Administrator,
the Public Safety Committee Chair, is designated as the appropriate
authority as provided in the New Jersey statutes. The appropriate
authority shall be responsible for the overall performance of the
Police Department. The Borough Council shall adopt and promulgate
rules and regulations for the governance of the Police Department
and for the discipline of its members (N.J.S.A. 40A:14-118).
The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Borough of Oceanport;
direct and control traffic; provide attendance 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. (N.J.S.A. 40A:14-152)
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the appropriate
authority for its efficiency and day-to-day operations. Pursuant to
policies established by the appropriate authority, the Chief of Police
shall:
A.
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;
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department;
C.
Prescribe the duties and assignments of all members
and officers;
D.
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; and
E.
Report at least monthly to the appropriate authority
in such form as shall be prescribed on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the appropriate authority. (N.J.S.A. 40A:14-118)
No member or officer of the Police Department
shall be suspended, removed, fined or reduced in rank for any cause
other than for incapacity, misconduct or disobedience as provided
in the New Jersey statutes and the Police Departments rules and regulations.
(N.J.S.A. 40A-14-118)
A.
The following ranks and the number of positions at
each rank are authorized for the Police Department:
[Amended 6-21-2012 by Ord. No. 907]
B.
Appointments; probationary periods.
(1)
The Mayor and Council shall appoint the members of
the Police Department in accordance with the requirements of New Jersey
statutes. No person shall be appointed to the Police Department who
is not qualified as provided in said statutes. The Mayor and Council
may also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination.
(N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127)
(2)
Each policeman shall be first employed for a probationary
term of at least 12 months so that his/her fitness for the duties
he/she is to perform may be determined before he/she is permanently
attached to the Police Department. The probationary term may be extended
at the discretion of the governing body for a period not to exceed
six months at the expiration of said twelve-month period. These periods
of probationary employment shall be termed "probationary periods."
A probationary policeman so employed shall be deemed a "probationer"
and may be dropped from the rolls or discharged at any time during
such probationary period without notice and without hearing. The Mayor
and Council may at any time prior to the expiration of the probationary
period of employment appoint such probationary member of the Police
Department as a permanent member of the Police Department by official
resolution. The continued employment of any probationary policeman
after the expiration of his/her probationary period of employment
shall be deemed a permanent appointment to the regular force.
[Amended 12-2-2004 by Ord. No. 783]
C.
Special officers. The Mayor and Council may appoint,
from time to time, special law enforcement officers in accordance
with New Jersey statutes for terms not exceeding one year. They shall
possess and exercise all the powers and duties provided by said statutes
during their term in office but shall not be continued as regular
members of the Police Department and shall not be entitled to tenure.
The Police Chief may authorize special law enforcement officers when
on duty to exercise the same powers and authority as regular members
of the Police Department, including the carrying of firearms and the
power of arrest. (N.J.S.A. 40A:14-146.8 et seq.)[1]
[1]
Editor's Note: Original Subsection D, regarding
probationary trainees, which immediately followed this subsection,
was repealed 12-2-2004 by Ord. No. 783.
The Mayor and Borough Council shall adopt by
resolution rules and regulations relating to the organization and
operation of the Police Department, which rules and regulations may,
from time to time, be amended and modified by further resolution.
