[Adopted by Ord. No. 1308 as Ch. 2.56 of the 1998 Code]
The Police Department shall be organized, constituted
and administered as heretofore established by ordinance to the extent
that any such ordinance is not inconsistent with the Charter or this
article. The rules and regulations for the Department on December
2, 1975, as amended and supplemented, are hereby affirmed and adopted
as the rules and regulations of the Department.
A.
A Police Department is hereby established for the Township of Montville,
to consist of one Chief of Police, two Captains of police, four Lieutenants
of police, six Sergeants of police, and up to 28 patrol officers to
carry out the responsibilities of the Township.
[Amended 3-23-2010 by Ord. No. 2010-11; 10-24-2017 by Ord. No. 2017-36]
B.
The Township Administrator shall nominate and, with
the advice and consent of a majority of the members of the Township
Committee then present and voting at any regular or any annual meeting
constituting a quorum for the transaction of business at which such
appointment or appointments may be made, shall appoint all officers
and members of the Police Department.
A.
The Police Department shall as follows: preserve the
public peace; protect life and property; detect, arrest and prosecute
offenders of the Laws of New Jersey and the ordinances of the Township
of Montville; direct and control traffic; provide attendance and protection
during emergencies; provide appearances in court; cooperate with all
other law enforcement agencies; serve all court orders issued to them
and such other papers as required by them to be served within the
limits of the Township and provide training for the efficiency of
its members and officers.
B.
Every member of the Police Department, before entering
upon the performance of the officer's duties, shall take and subscribe
an oath or affirmation faithfully and impartially to discharge the
duties of the office and shall file such oath or affirmation with
the Clerk of the Township.
The Township Committee for the Township of Montville
shall be designated as the appropriate authority as provided in New
Jersey statutes. The appropriate authority shall be responsible for
the overall performance of the Police Department. The appropriate
authority shall adopt and promulgate rules and regulations for the
government of the Police Department and for the discipline of its
members. The Township Administrator for the Township of Montville,
or his/her designee, shall act as hearing officer in police disciplinary
proceedings.
A.
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. 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; and
(5)
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.
B.
A vacancy in the office of Chief of Police shall be
filled by appointment by the Administrator, subject to the approval
of the Township Committee.
C.
All orders of assignments for the members of the Police
Department shall be made through the Chief of Police.
D.
Deputy Chief of Police. There is created a position
of Deputy Chief of Police who shall, in the absence of the Chief of
Police, exercise any and all powers vested in the Chief of Police
in this article.
No member or officer of the Police Department
shall be suspended, removed, fired or reduced in rank for any cause
other than for incapacity, misconduct or disobedience as provided
in the New Jersey statutes and the Police Department's rules and regulations.
No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
[Amended 7-17-2018 by Ord. No. 2018-19]
A.
The Township
Committee of the Township of Montville may appoint, from time to time,
special law enforcement officers in accordance with New Jersey statutes
for a term 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 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.
B.
The Township
may charge each special law enforcement officer a reasonable fee,
as fixed by resolution, for equipment and uniforms supplied pursuant
to this section. The cost of training and issuing a certification
of appointment shall be borne by the Township. The Township will not
compensate a special law enforcement officer for time spent in training.
C.
The Township
Committee may, by resolution , designate one special officer who shall
be permitted to work an unlimited number of hours. No other special
law enforcement officer may be employed for more than 20 hours a week
except during periods of emergency.
D.
Not more
than 20 special law enforcement officers may be employed by the Township.
At no time shall the number of Class Two Special Officers, as designated
in N.J.S.A. 40A:14-146.8 et seq., exceed 25% of the total number of
the regular Montville Township police officers.
E.
Pursuant
to N.J.S.A. 40A: 65-1 et seq., the Township of Montville, by resolution,
is authorized to enter into a shared service agreement with the Montville
Township Board of Education for the purposes of setting forth the
terms and conditions regarding the appointment, work assignments,
and hours of the Class Three Special Law Enforcement Officer(s) (SLEO
III).
School crossing guards shall be appointed pursuant
to the provisions of N.J.S.A. 40A:9-154.1, and their qualifications,
training and removal will be governed by N.J.S.A. 40A:9-154.1 and
40A:9-154.2.
