[Adopted 12-13-1967 as Ch. 35, Art. I, of
the 1967 Code; amended in its entirety 12-18-1996 by Ord. No. 9-1996]
There is hereby created in and for the City
of Linwood a Police Department which shall consist of a Chief of Police
and such members and officers as shall be deemed necessary by the
City of Linwood which shall, from time to time, determine the number
of persons, including temporary officers and members in an emergency,
to be appointed to these positions together with their compensation
in accordance with N.J.S.A. 40A:14-118.
The Police Department shall:
A.
Preserve the public peace; protect life and property;
detect, arrest and prosecute offenders of the laws of New Jersey and
the ordinances of the City of Linwood; 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 in accordance
with N.J.S.A. 40A:14-152.
B.
The Mayor shall be designated as the "appropriate
authority" as provided in the New Jersey Statutes. The Mayor shall
be responsible for the overall performance of the Police Department.
The Mayor shall adopt and promulgate rules and regulations for the
government of the Police Department and for the discipline of its
members in accordance with N.J.S.A. 40A:14-118.
C.
The Chief of Police shall be the head of the Police
Department and shall be directly responsible to the Mayor for its
efficiency and day-to-day operations. Pursuant to policies established
by the Mayor, the Chief of Police shall:
(1)
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.
(2)
Have, exercise and discharge the functions, powers
and duties of the Police Department.
(3)
Prescribe the duties and assignments of all members
and officers.
(4)
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.
(5)
Report at least monthly to the Mayor 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 Mayor in accordance with N.J.S.A. 40A:14-118.
No permanent member or officer of the Police
Department shall be suspended, removed, fined or reduced in rank for
any cause other than for incapacity, misconduct, disobedience or for
causes listed in the most current version of the Police Management
Manual published by the New Jersey Division of Criminal Justice, and
as provided in the New Jersey Statutes and the Police Department's
rules and regulations in accordance with N.J.S.A. 40A:14-147.
No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey Statutes. The Mayor
may also require that an applicant for appointment to the Police Department,
or members of the Police Department if ordered by the Mayor or the
Chief of Police, shall successfully complete a physical, mental and
psychological examination in accordance with N.J.S.A. 40A:14-122 and
N.J.S.A. 40A:14-127.
The City of Linwood may appoint from time to
time special law enforcement officers in accordance with the 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 terms in office but shall not be continued as regular members
of the Police Department, shall not be entitled to tenure and shall
serve at the will of the Mayor. Such appointments may be revoked 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. The Chief of Police 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, subject to rules and regulations,
not inconsistent with the certification requirements of N.J.S.A. 40A:14-146.8
et seq.
All salaries of municipal officers and employees
shall be in accordance with the current Municipal Salary Ordinance.[1]
A.
All members of the Police Department of the City of
Linwood having the rank of patrolman or Sergeant shall be paid additional
compensation at their prevailing hourly wage rate for time spent in
appearances before any Grand Jury or any County, Superior or Supreme
Court, except in a civil action, and for time spent in appearances
before the Municipal Court of the City of Linwood during time other
than the member's assigned duty.
B.
Any member of the Police Department of the City of
Linwood having the rank of Lieutenant or above shall receive additional
compensatory time off for time spent in appearances before any Grand
Jury or any County, Superior or Supreme Court proceeding, except in
a civil action, and for time spent in appearances before the Municipal
Court of the City of Linwood during time other than the member's assigned
duty hours.
All promotions of personnel in the Police Department
shall be made by the Mayor and shall be subject to confirmation by
the Common Council.
