[Adopted 7-14-1999 by Ord. No. 1999-3]
A Police Department shall be, and the same is
hereby, created and established in the Township of Chesterfield, County
of Burlington and State of New Jersey.
The official name of the Police Department shall
be "Chesterfield Township Police Department."
This chapter shall be known by the short title
of and may be cited as "Township of Chesterfield Police Department
Ordinance."
The words "he" and "his" shall be taken to also
mean and include the words "she" and "hers," and said words shall,
for the purposes of this article, be interchangeable with each other,
and the words "special policeman" shall also be taken to mean and
include the words "special policewoman," and said words shall, for
the purposes of this article, be interchangeable with each other.
[Amended 4-13-2000 by Ord. No. 2000-4; 5-10-2007 by Ord. No.
2007-11]
The Chesterfield Township Police Department
shall consist of a Chief of Police, at least two Sergeants and such
members and officers as shall be deemed necessary by the Township
Committee, which shall be no less than three and no more than 10 in
number, including temporary officers and members in an emergency,
to be appointed to those positions, and the Township Committee shall,
from time to time, by ordinance, determine the compensation to be
paid to the members of said Department.
N.J.S.A. 40A:14-118 provides that any ordinance
creating and establishing a Police Department shall provide that the
Chief of Police, if such position is established, shall be the head
of the police force and he shall be directly responsible to the appropriate
authority for the efficiency and routine day-to-day operations thereof.
This chapter does establish the position of Chief of Police as set
forth in Subsection C below. N.J.S.A. 40A:14-118 further provides
that the term "appropriate authority" is permitted to include the
governing body or any designated committee or member thereof. The
Township Committee of the Township of Chesterfield hereby determines
that it shall appoint the Mayor to serve as the appropriate authority
to supervise the Police Department and as the person to whom the Chief
of Police shall be directly responsible for the efficiency and routine
day-to-day operations thereof. This person shall be known as the "Police
Commissioner." Said Commissioner shall recommend rules and regulations
for the conduct and operation of the Department to be adopted by the
Township Committee; shall act as hearing officer on any minor disciplinary
charges filed against police officers by the Chief of Police where
a hearing is requested; shall have the authority to recommend that
the Chief of Police bring disciplinary charges against individual
officers, in such cases where the same is deemed to be warranted by
the Commissioner; shall have authority to discipline the Chief of
Police (in which case the remaining members of the governing body
shall serve or shall appoint someone to serve as the hearing officer
on such disciplinary action); and shall, in all other respects, serve
as the person with whom the Chief of Police shall communicate and
from whom the Chief of Police shall take his orders and directives
regarding policy matters. No such orders or directives shall issue,
however, unless authorized by the Township Committee, except where
an emergency arises such that the Township Committee would not have
time to act as a body. In such cases, however, any decisions of the
Commissioner shall be submitted for review and either approval, rejection
or modification by the Township Committee as soon as possible after
the Commissioner's decision is made.
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the Police
Commissioner for the efficiency and day-to-day operations of the Department.
Pursuant to policies established by the Commissioner and the Township
Committee, 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 and be directly responsible for the conduct, efficiency
and management of the Department.
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.
E.
Report at least monthly to the Police Commissioner,
in such form as shall be prescribed by him, on the operation of the
force during the preceding month, and make such other reports as may
be requested by said Commissioner.
F.
From time to time, take such measures as he may deem
necessary for the preservation of peace and good order and the enforcement
of all laws and ordinances within the Township of Chesterfield.
G.
Instruct all members of the Police Department and
special police in their duties and give particular attention to the
instruction and training of members of the Department and special
policemen.
H.
Supervise all members of the Department and the performance
of their duties.
I.
Keep and/or supervise the keeping of all reports and
records concerning the activities of the Department.
A.
Appointment.
[Amended 5-10-2001 by Ord. No. 2001-11]
(1)
All members of the Police Department shall be appointed
by the Township Committee of the Township of Chesterfield and shall,
after their appointment and confirmation, subject to the provisions
of this subsection, serve a probationary period of 12 months, during
which time their performance shall be evaluated by the Chief of Police
who, no later than one month prior to the expiration of said twelve-month
period, shall make a recommendation to the Police Commissioner and
the Township Committee regarding permanent status of the particular
officer and/or employee. During said period, until the conclusion
of the twelve-month period, said employee shall serve at the pleasure
of the Township Committee and may be terminated without cause.
[Amended 12-27-2001 by Ord. No. 2001-27]
(2)
Upon appointment to permanent employment by the Township
Committee, following the successful completion of the probationary
period described above, the officers shall hold the respective offices
and continue in their respective employment doing good behavior until
retirement, death, voluntary resignation or removal for lawful causes
provided by statute.
B.
Qualifications. Except as otherwise provided by law,
no person shall be appointed as a member of the Police Department
unless he:
(1)
Is a citizen of the United States.
(2)
Is sound in body and of good health sufficient to
satisfy the Board of Trustees of the Police and Firemen Retirement
System of New Jersey as to his eligibility for membership in the Retirement
System.
(3)
Is able to read, write and speak the English language
well and intelligently.
(4)
Is of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
(5)
Is a resident of New Jersey, except persons recently
discharged from military service as provided for by N.J.S.A. 40A:14-123.1.
(6)
Is at least 21 years of age and not over 35 years
of age, except for the appointment of a Chief of Police, in which
case such age restrictions shall not apply.
(7)
Is able to pass such physical and psychological examinations
as may be prescribed by the Township Committee.
(8)
Is able to pass such written and oral examinations
as may be prescribed by the Township Committee.
(9)
Is the holder of a valid New Jersey driver's license.
(10)
Has been appointed by the Township Committee as a
probationary officer and has successfully served a probationary period
of 12 months, during which time he has satisfactorily performed his
duties as a probationary officer and finally has successfully passed
the Basic Weapons Safety Course at a Police Academy approved by the
New Jersey Police Training Commission, and has secured his Emergency
Medical Technician/Defib (EMT) or Emergency Medical Responder/Defib
(EMR) Certificate, which EMT or EMR certification shall be a requirement
for employment and shall be maintained during the officer's employment
with the Township as a continuing condition of employment.
[Amended 12-27-2001 by Ord. No. 2001-27; ,10-13-2022 by Ord. No. 2022-16]
A.
The Township Committee may, at its annual reorganization
meeting and at such other times as deemed necessary, appoint special
policemen for terms not exceeding one year and may revoke such appointments
at any time without cause or hearing.
B.
Such policemen shall not be members of the Police
Department or police force, and their powers and duties shall cease
at the expiration of the terms for which they were appointed or on
revocation of their appointments. They shall, at the expiration or
revocation of the terms for which they were appointed, return all
uniforms and equipment that may have been issued to them.
C.
Such special policemen shall have the same powers
and duties as members of the Police Department, but shall not be members
of the Department and shall not carry a revolver or similar weapon
when off duty.
D.
Except as otherwise provided by law, no person shall
be appointed as a special policeman unless he:
(1)
Has met the requirements of appointment of special
law enforcement officer as contained in N.J.S.A. 40A:14-146.10 and
N.J.S.A. 40A:14-146.11.
(2)
Is a citizen of the United States.
(3)
Is able to read, write and speak the English language
well and intelligently.
(4)
Is sound in body and of good health.
(5)
Is of good moral character; has not been convicted
of any offense involving dishonesty or moral turpitude or which would
make him unfit to perform the duties of his office.
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the municipality.
[Added 5-10-2007 by Ord. No. 2007-111[1]]
A.
Promotion of any officer shall be made from the membership
of the department. (N.J.S.A. 40A:14-129). No person shall be eligible
for promotion unless he or she shall have served as a full-time police
officer in the Chesterfield Township Police Department for a period
of three years (N.J.S.A. 40A:14-130).
B.
Any officer promoted to a higher rank shall be required
to serve a six-month probationary period prior to permanent appointment
to that rank. If during such probationary period the candidate fails
to demonstrate the requisite competency and leadership, the candidate
will be returned to his/her previous rank.
C.
The Chief of Police shall announce a promotional test
to members of the Department at least 15 days before the examination
is to be given. Candidates who qualify shall notify the Chief of Police
of their interest in taking the examination by submitting a letter
of interest no later than seven days after the announcement of the
promotion test. In the case of a promotional test for Chief of Police,
the Mayor, as the Police Commissioner and the "appropriate authority,"
shall announce the promotional test to the members of the Department,
and interested qualified candidates shall submit a letter of interest
to the Mayor. All time frames above shall also apply to promotional
tests for Chief of Police.
[Amended 11-10-2021 by Ord. No. 2021-18]
D.
Where two or more candidates are ranked equally pursuant
to the promotional procedure set forth herein, preference shall be
given to the candidate with the most seniority in service pursuant
to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant
to N.J.S.A. 40A:14-122.6.
E.
The Mayor, the Chief of Police, and the Administrator,
or their designees, shall comprise the reviewing committee for departmental
promotions. At least three persons shall sit on the reviewing committee.
In the case of a promotion to Chief of Police, the Mayor and the Administrator,
or their designees, shall comprise the reviewing committee. At least
two persons shall sit on the promotional reviewing committee for the
position of Chief of Police.
[Amended 11-10-2021 by Ord. No. 2021-18]
F.
Promotion testing procedure. The promotion testing
procedure for the Township of Chesterfield Police Department shall
consist of an oral examination, recommendations and evaluations, a
review of the candidates' service record, educational achievements
and accomplishments, and seniority. Each examination shall have a
total of 100 points:
(1)
Oral examination.
(a)
The oral examination shall count for 25% of
the candidates' final score. The maximum points for oral examination
shall be 25 points.
(b)
All candidates shall be asked the same questions.
The candidates shall be scored on the following criteria, including
but not limited to comprehensive and presentation skills in oral communication,
maturity in judgment, interest in law enforcement, evidence of supervisory
and administrative ability, and knowledge and understanding of rules,
regulations, policies and procedures.
(2)
Recommendations and evaluations.
(a)
The recommendations and evaluations shall count
for 25% of the candidates' final score. The maximum points for recommendation
and evaluations shall be 25 points.
(b)
The Committee shall review recommendations and
evaluations made by each candidate's superior officer within the previous
three years. These recommendations and evaluations shall be on standard
forms and fairly and objectively measure past and current performance
and future capabilities for professional development.
(4)
Educational achievement and accomplishments.
(a)
The educational achievement and accomplishments
portion of the examination shall count for 20% of the candidates'
final score. The maximum points for educational achievement and accomplishments
shall be 20 points.
(b)
Points shall be distributed for associate's,
bachelor's, master's, and professional degrees secured from an accredited
institution, as well as for actual job-related formal training/certifications.
[Amended 11-10-2021 by Ord. No. 2021-18]
(5)
Seniority. Seniority shall count for 5% of the candidates'
final score. The maximum points for seniority shall be five points.
G.
Notice of results. The results of promotional tests
shall be distributed in writing to all candidates. Any candidate who
wishes to review his/her test results may do so within five days of
the distribution of said results.
Every member of the Police Department and every
special policeman shall, before entering upon the performance of his
duties, take and subscribe to an oath or affirmation to bear true
faith and allegiance to the government established in this state under
the authority of the people, to support the Constitution of the United
States and the Constitution of the State of New Jersey and to faithfully,
impartially and justly discharge and perform all the duties of this
office, which oath or affirmation shall be filed with the Township
Clerk.
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 Township of Chesterfield; direct and control
traffic; provide attendance and protection during emergencies; provide
appearances in Court; suppress riots, mobs and insurrections; preserve
order at all elections and public meetings and assemblages; cooperate
with all other law enforcement agencies; and provide training to the
efficiency of its members and officers.
B.
Make and enforce rules and regulations not inconsistent
with state statutes, the ordinances and resolutions of the Township
or other laws, for purposes of protecting the safety and facilitating
the convenience of motorists and pedestrians and the regulation, direction,
control and restriction of the movement of vehicular and pedestrian
traffic and the use of streets by vehicles and persons.
C.
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Township; inspect
and observe all places of public amusement or assemblage and all places
of business requiring any state or municipal license or permit and
report thereon to the appropriate department.
D.
Provide proper police attendance and protection at
fires.
E.
Shall lend aid and assistance to distressed, injured
and infirm persons.
F.
Shall have all powers and duties otherwise provided
by law.
A.
Establishment of Department rules and regulations.
The Police Commissioner shall promulgate rules and regulations for
the government of the police force and for the discipline of its members
and shall recommend the same to the Township Committee. The Township
Committee shall, from time to time, adopt, amend or repeal, by resolution,
such rules and regulations as are recommended to it by the Police
Commissioner and/or the Chief of Police and/or such other rules and
regulations as it deems necessary or proper concerning the powers
and duties of the Police Department, the regulation and control of
the Police Department and the conduct and decorum of members of the
department of special officers.
B.
All such rules and regulations shall be in writing,
signed by the Police Commissioner, and shall be filed in the office
of the Township Clerk and in the office of the Chief of Police and
shall be distributed to all members of the Police Department.
C.
Ratification of current rules and regulations. There
is currently in effect, within the Township of Chesterfield, a document
entitled "Chesterfield Township Police Department Rules and Regulations,"
along with certain "Special Orders" and "General Orders" annexed thereto.
Said rules and regulations are hereby ratified and reestablished and
shall continue to be known as the "Chesterfield Township Police Department
Rules and Regulations." The Township Committee specifically reserves,
however, the right to itself and the Police Commissioner, and for
the good of the Police Department, to amend and revoke any of the
rules, regulations or procedures, to amend the same or to add thereto,
as circumstances require.
D.
Revocation of other rules and regulations. All other
rules, regulations, procedures and orders, whether special or general,
previously issued and contrary to those, in body and context, herein
described, are hereby revoked. All other rules, regulations, orders
and procedures not in conflict with those contained herein shall remain
in full force and effect.
E.
Any neglect or failure of or by any member of the
Police Department to carry out each and every rule and regulation,
special order or general order ratified and reestablished herein and/or
established in the future shall be sufficient cause for his dismissal
from the Department. Moreover, should any member of the Police Department
be cited or disciplined for failure to observe the rules and regulations
or Departmental procedures or orders, ignorance of any provision of
the manual or any Departmental procedure or order shall not be accepted
as an excuse and shall not constitute a defense to said disciplinary
charges.
A.
Except as otherwise provided by law, no permanent
member of the Police Department shall be removed from his office,
employment or position for political reasons or for any other cause
other than incapacity, misconduct or disobedience of the rules and
regulations established for the government of the Police Department,
nor shall such member be suspended, removed, fined or reduced in rank
from officer employment or position therein, except for just cause
and then only upon a written complaint setting forth the charge or
charges against such member or officer, and upon proceedings in accordance
with law in such case made and provided.
B.
Except as otherwise provided by law, any permanent
member or officer of such Police Department and force who shall be
absent from duty without just cause or an approved leave of absence
for a continuous period of five days shall cease to be a member of
such Police Department or force.
C.
Hearing Officer. All charges against members of the
police force shall be prosecuted by the Chief of Police or his designee
and shall be heard by the Police Commissioner, if of a minor disciplinary
nature, or by the Township Committee or a hearing officer appointed
by it pursuant to Ordinance No. 1998-18.[1] Said hearing shall be conducted not less than 10 nor more
than 30 days from the date of service of the disciplinary charges/complaint
upon the officer involved. The decision of the Police Commissioner
shall be appealable to the Township Committee which may either affirm,
modify or reverse the decision of the Police Commissioner or may remand
the matter for further findings. The decision of the hearing officer
shall be recommendatory in nature, and the Township Committee may
either affirm, modify or reverse the decision of the hearing officer
or may remand the matter for further findings.
D.
Minor discipline. The Chief of Police, with the written
consent of the charged member, and notwithstanding anything to the
contrary herein contained, may hear and determine cases involving
allegations of minor violations of the rules and regulations and other
infractions. In such cases, the discipline imposed upon a finding
of guilt shall not exceed a suspension without pay of three days.
The decision of the Chief of Police shall be final and not subject
to review or appeal.
Compensation for the members of the Police Department
and Chief of Police and special patrolman shall be as determined by
the Township Committee and authorized by ordinance.
Any and all ordinances inconsistent with the provisions of this article be and the same are hereby repealed to the extent of any such inconsistencies. Specifically repealed are all provisions of the current Chapter 42[1] of the Code of the Township of Chesterfield entitled "Police Department"; this article shall substitute for Chapter 42 and shall be recodified in the same chapter.
[1]
Editor's Note: Said chapter consisted of Ord.
No. 1987-6, adopted 7-27-1987, as amended 5-4-1989 by Ord. No. 1989-3.
