[HISTORY: Adopted by the Township Committee
of the Township of Mansfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-27-2006 by Ord. No. 2006-33]
There is hereby created pursuant to N.J.S.A.
40A:14-146.8 et. seq. the position of "special law enforcement officer."
The Committee shall be authorized to hire such number of special law
enforcement officers as they may deem necessary in the interest of
public safety.
As used in this article, the following terms
shall have the meanings indicated:
Any sudden, unexpected or unforeseeable event requiring the
immediate use or deployment of law enforcement personnel as shall
be determined by the Chief of Police or the Mayor. Vacations, shortages
in police personnel caused by vacancies unfilled by the Township Committee
for more than 60 days, or any other condition which could reasonably
have been anticipated or foreseen shall not constitute an emergency.
Any person appointed to temporarily or intermittently perform
duties similar to those performed regularly by members of the Mansfield
Township Police Department, or to provide assistance to the Mansfield
Township Police Department during unusual or emergency circumstances
or incidents.
No person may be appointed as a special law
enforcement officer unless he or she is or shall be:
A.
A resident of the State of New Jersey during the term
of appointment;
B.
Be able to read, write and speak the English language
well and intelligently and has a high school diploma or its equivalent;
C.
Is sound in body and of good health;
D.
Has not been convicted of any offense involving dishonesty
or which would make him or her unfit to perform the duties of the
position;
E.
Has successfully undergone the same psychological
testing if required of all full-time police officers in the Township;
F.
Shall not be appointed as a special law enforcement
officer is any other municipal or county government or department,
nor shall be any permanent, regularly appointed full-time police officer
in this or any other municipality.
G.
No member of the Mansfield Township Committee shall
be appointed as a special law enforcement officer.
A.
No person may commence his duties as a special law
enforcement officer unless he has successfully completed a training
course approved by the State of New Jersey, and no special law enforcement
officer may be issued a firearm unless he has successfully completed
the basic firearms course approved by the State of New Jersey for
permanent, regularly appointed police and annual requalification examinations.
B.
There shall be two classifications for special police
officers. The classifications shall be based upon the duties to be
performed by the special law enforcement officer as follows:
(1)
Class One. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
If authorized by ordinance, Class One officers shall have the power
to issue summonses for disorderly persons and petty disorderly persons
offenses, violations of municipal ordinances and violations of Title
39 of the Revised Statutes. The use of a firearm by an officer of
this class shall be strictly prohibited and no Class One officer shall
be assigned any duties which may require the carrying or use of a
firearm.
(2)
Class Two. Officers of this class shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer. The use of a firearm
by an officer of this class may be authorized only after the officer
has been fully certified as successfully completing training as prescribed
by the State of New Jersey.
C.
All officers hired as special law enforcement officers
shall prior to their appointment supply the Township of Mansfield
with the appropriate certificates of training issued by the State
of New Jersey. The certificate shall clearly state the category of
certification for which the officer has been certified.
A.
Special law enforcement officers may be appointed
for terms not to exceed one year, and the appointments may be revoked
by the Township of Mansfield 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. Nothing herein shall be construed
to require reappointment upon the expiration of the term. The special
law enforcement officers so appointed shall not be members of the
Police Department, and their powers and duties shall all cease at
the expiration of the term for which appointed.
B.
No special law enforcement officer may be employed
to replace or substitute for full-time, regular police officers or
in any way diminish the number of full-time officers employed.
C.
If more than one special law enforcement officer is
employed at one time, then in such event, one officer may be employed
without limitation on the number of hours a week worked. If only one
officer is employed at any time, the officer shall be limited to not
more than 20 hours per week.
D.
No special law enforcement officer may carry a firearm
except while engaged in the actual performance of the officer's official
duties and when specifically authorized by the Chief of Police, or,
in the absence of the Chief, other chief law enforcement officer of
the Township to carry a firearm and provided that the officer has
satisfactorily completed the basic firearms course required for regular
police officers and annual requalification examinations as required
for permanent, regularly appointed full-time officers.
E.
A special law enforcement officer shall be deemed
to be on duty only while he is performing the public safety functions
on behalf of the Township and when he is receiving compensation, if
any, as shall be established by ordinance. A special law enforcement
officer shall not be deemed to be on duty while performing private
security duties for private employers, which duties are not assigned
by the Chief of Police, or, in the absence of the Chief, other chief
law enforcement officer of the Township, or while receiving compensation
for those duties from a private employer.
F.
A special law enforcement officer may, however, be
assigned by the Chief of Police or, in the absence of the Chief, other
chief law enforcement officer, to perform public safety functions
for a private entity if the Chief of Police or other chief law enforcement
officer supervises the performance of the public safety functions.
If the Chief of Police or other chief law enforcement officer assigns
the public safety duties and supervises the performance of those duties,
then, notwithstanding that the local unit is reimbursed for the cost
of assigning a special law enforcement officer at a private entity,
the special law enforcement officer shall be deemed to be on duty.
G.
Any firearm utilized by a special law enforcement
officer shall be returned at the end of the officer's workday to the
officer in charge of the station house, which shall be supplied by
the local unit. No special police officer shall carry a revolver or
other similar weapon when off duty.
H.
A special law enforcement officer shall be under the
supervision and direction of the Chief of Police or, in the absence
of the Chief, other chief law enforcement officer in the Township,
and shall perform his duties only in the Township of Mansfield except
when in fresh pursuit of any person pursuant to Chapter 156 of Title
2A of the New Jersey Statutes or when authorized to perform duties
in another unit pursuant to a mutual aid agreement.
I.
The officer shall comply with the rules and regulations
applicable to the conduct and decorum of the permanent, regularly
appointed police officers of the local unit, as well as any rules
and regulations applicable to the conduct and decorum of special law
enforcement officers.
J.
A special law enforcement officer may travel through
another local unit to reach a noncontiguous area of the local unit
in which his appointment was issued or to transport persons to and
from a correctional facility.
[Adopted 8-8-2007 by Ord. No. 2007-11]
A.
There is hereby created in and for the Township of
Mansfield, a Police Department within the County of Warren, State
of New Jersey, pursuant to the provisions of N.J.S.A. 40A:14-118 et
seq. This article is intended to ratify the existence and operation
of the Police Department, which has historically operated within and
served the Township of Mansfield, and at the same time satisfy statutory
requirements of current New Jersey law.
B.
The members of the Mansfield Township Police Department,
as presently constituted as of the date of adoption of this article,
are hereby continued in their respective offices or positions; and
the salaries established by the Salary Ordinance now in effect shall
prevail, and nothing contained in this section shall be considered
as affecting the status, rank, tenure or any rights heretofore acquired
by any member of the existing Department.
The Police Department shall preserve the peace;
protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Township of Mansfield;
direct and control traffic; provide attendance at 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 as well as perform all other duties and
fulfill all other responsibilities normally associated with the operation
of a police department.
Said Police Department shall consist of one
Chief of Police, and such Lieutenants, Sergeants, police officers,
special law enforcement officers and civilian employees as deemed
necessary and appropriate by the Township Committee, hereinafter designated
as the "Appropriate Authority." The Township Committee may, from time
to time, leave one or more of the above positions vacant, as it deems
appropriate in the best interests of the Township. The express purpose
for identifying these offices is to establish a statutory line of
authority from all police employees to a higher elected authority.
Whenever any such office is intentionally left vacant, it will be
deemed not to exist and it will be passed in the chain of command.
The Township Committee may therefore re-create or resurrect an office
that has been so abolished by naming a person to fill said office.
No personnel may be appointed to the Mansfield Police Department until
they have satisfied all statutory requirements and have complied with
the selection process and standards established by the rules and regulations
adopted by the Township Committee to govern said Police Department.
No police officers shall be appointed to the Mansfield Township Police
Department until they have successfully completed physical, and psychological
examinations. In the event that the abolishment of an office results
in a decrease in the members of the Police Department or demotion
in rank, any termination or demotion shall be in the inverse order
of appointment pursuant to and for the reasons established by N.J.S.A.
40A:14-143. Any promotions shall take into account due consideration
of the length and merit of service of existing members of the department
as required by N.J.S.A. 40A:14-129.
The Appropriate Authority is hereby designated
as the Mansfield Township Committee. The line of authority in the
Police Department shall be as follows:
A.
The Chief of Police shall be the head of the police
force and shall prescribe the duties and assignments and chain of
command with respect to all subordinates and other personnel. The
Chief of Police shall be vested with all other authority provided
for in N.J.S.A. 40A:14-118.
B.
The Chief of Police shall report monthly to the Police
Commissioner.
C.
The Police Commissioner shall report monthly to the
Township Committee, and the Chief of Police shall report from time
to time as requested by the Township Committee. The Committee shall
be the final authority on all matters relating to the operation of
the Police Department.
A.
The Chief of Police, in conjunction with the Police
Commissioner, shall be responsible for the periodic review and update
of the rules and regulations for police personnel, which shall be
known as the "Rules and Regulations for the Police Department of the
Township of Mansfield." Said rules and regulations shall be in manual
form and shall govern the conduct of and be binding upon the entire
membership, sworn officers and civilian employees of the Police Department.
The rules and regulations shall be promulgated and adopted by the
Appropriate Authority.
B.
Each sworn officer and each civilian employee shall
be given a copy of same and is duty bound to be thoroughly familiar
with the provisions of the rules and regulations and the policies
and procedures of the Police Department.
C.
The Chief of Police shall have the authority to issue
written directives, policies and procedures with respect to the day-to-day
operational conduct of the Police Department as well as the delegation
of such of his authority as he may deem necessary to delegate from
time to time for the efficient operation of the Police Department.
A.
The Chief of Police shall have the authority to discipline
all sworn officers of the Police Department, including the authority
to fine, reduce in rank, or suspend an officer for just cause and
upon written complaint and a hearing, unless waived in accordance
with applicable law.
B.
With respect to reduction in rank or suspension, an
officer of the Police Department may appeal the decision of the Chief
of Police to the Police Commissioner. The Police Commissioner may
hear the appeal or refer the matter for determination by the Township
Committee. Notwithstanding the foregoing, the Township Committee may,
in its discretion, elect to designate a hearing officer other than
the Township Committee for the purpose of conducting the disciplinary
hearing, receiving evidence, preparing a record, and submitting findings
and a proposed recommendation of penalty, if any, to the Township
Committee.
C.
In addition to adjudicating appeals, the Police Commissioner
and the Township Committee shall have the independent authority to
initiate discipline of all officers in the Police Department, including
the Chief of Police.
Only the Police Commissioner, the Township Committee
or the Chief of Police may initiate major disciplinary charges against
any member of the Police Department.
Nothing contained herein shall infringe upon
or limit the duty and authority of the Township Committee, or its
designee, including, but not limited to, the Chief of Police to act
to provide for the health, safety and welfare of the municipality
in an emergency through special emergency directives pursuant to the
provisions of N.J.S.A. 40A:14-118 and 40A:14-146.9.
The Township Committee shall, in its discretion
and in consultation with the Chief of Police, appoint civilian members
to the Police Department. Said civilian employees will provide dispatch
services, clerical duties and logistical services in support of the
Police Department and shall perform other duties as directed by the
Chief of Police. Civilian members of the Department shall be governed
by the policies and rules and regulations of the Department.
A.
All appointments to the Police Department shall be
made by the Township Committee through appropriate resolution.
B.
No person shall be appointed as a sworn officer of
the Police Department unless he or she:
(1)
Is a citizen of the United States;
(2)
Is not less than 21 nor more than 35 years of age
in the case of a new hire or 45 years of age in the case of a lateral
hire;
(3)
Is sound of body and of good health sufficient to
satisfy the Board of Trustees of the Police Retirement System of New
Jersey that such applicant or appointee is eligible to membership
in the retirement system;
(4)
Passes such medical and psychiatric examinations as
are directed and requested by the Mayor and Committee or the Chief
of Police, under their direction;
(5)
Is able to read, write and speak the English language
well and intelligently;
(6)
Is of good moral character and has not been convicted
of any crime involving moral turpitude;
(7)
Has served a probationary period, not to exceed one
year in accordance with N.J.S.A. 52:17B-68, pending his or her successful
completion of a course at a qualified school recognized and approved
by the New Jersey State Police Training Commission;
(8)
Has a valid New Jersey driver's license;
(9)
Has a high school diploma and has either 60 college
credits or at least two years of prior military or two years law enforcement
experience;
[Amended 4-9-2008 by Ord. No. 2008-04]
(10)
Has not been convicted of any crime based upon
a criminal background investigation.
C.
The appointment of a sworn officer to the Police Department
shall be made by the Township Committee.
Police services shall be available 24 hours
per day, seven days per week.
A.
The Chief of Police shall be the executive head of
the Police Department and shall be directly responsible to the Police
Commissioner and Township Committee for its efficiency and day-to-day
operations. Pursuant to rules and regulations established by the Appropriate
Authority, the Chief of Police shall be responsible for the day-to-day
operation of the Department, including but not limited to:
(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)
Administer and enforce the rules and regulations adopted
by the Appropriate Authority;
(4)
Prescribe the duties and assignments of all members
and officers;
(5)
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;
(6)
Report at least monthly to the Police Commissioner
and make such other reports to the Police Commissioner and/or Township
Committee as may be requested; and
(7)
Maintain a graphic Table of Organization to show the
divisional structure of the Police Department. The function and duties
of each position in the Table of Organization shall be defined by
policies established by the Chief of Police.
B.
Should
the sitting Chief of Police become incapacitated for a period which
extends more than two weeks in duration, the Township Committee may
appoint, by resolution, an Acting Chief of Police to fulfill the powers,
functions and duties of the Chief of Police. The Acting Chief of Police
shall retain said appointment until such time as the sitting Chief
of Police is able to return to active duty, either on a full-time
or approved light-duty schedule.
[Added 12-26-2007 by Ord.
No. 2007-19]
The Police Commissioner, The Township Committee
or the Chief of Police shall determine the appropriate level of discipline
in their sole discretion, based upon facts and circumstances surrounding
the infraction and, if deemed applicable, any past disciplinary record.
Any required notice of charges, disciplinary
hearing, as well as imposition of disciplinary action shall be in
accordance with applicable law and departmental policies, rules and
regulations.
A.
The rights, privileges, powers and duties of the sworn
officers of the Police Department, including temporary officers and
special policemen, shall be those prescribed by the laws of the State
of New Jersey governing municipal police departments, by departmental
policies and procedures, the ordinances and resolutions of the Township
and such other rules and regulations as may from time to time be adopted
by resolution of the Township Committee.
B.
It is the obligation and duty of each sworn officer
of the Police Department, regular, special or superior officers, to
enforce all ordinances of the Township and to report and correct,
if possible, all violations of these ordinances.
C.
The Police Department, through its Chief, shall:
(1)
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances effective within the Township, suppress riots, mobs
and insurrections, disperse unlawful or dangerous assemblages and
preserve order at all elections and public meeting and assemblages;
(2)
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of the streets by vehicles and persons and protect
the safety and facilitate the convenience of motorists and pedestrians;
(3)
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Township;
(4)
Provide proper police attendance and protection at
fires; and
(5)
Provide for the attendance of its members in court
as necessary for the prosecution and trial of persons charged with
crimes and offenses, and cooperate fully with the law enforcement
and prosecuting authorities of federal, state and county governments.
Each officer of the Police Department shall
devote 80 hours every two weeks as a minimum to the business, duties
and work of the Department, and each officer shall be prepared to
return for duty immediately on notice that his services are required
in the event of an emergency. This shall not apply to special policemen
who are given limited duties to perform. The Chief of Police shall
have the authority to establish all shifts and schedules subject to
any applicable provisions set forth in a collective bargaining agreement.
A.
No person shall be appointed as a special law enforcement
officer unless he is a citizen of the United States, is able to read,
write and speak the English language, is physically qualified and
of good moral character and has not been convicted of any crime. Each
special law enforcement officer shall be fingerprinted and his fingerprints
shall be filed with the Division of the State Police and Federal Bureau
of Investigation. The Chief of Police shall make reports to the Mayor
and Committee concerning the eligibility and qualifications of any
person proposed to be appointed a special law enforcement officer.
B.
With the specific approval of the Chief of Police,
any person, firm or corporation may engage the services of a special
law enforcement officer for the purpose of directing traffic, guarding
private property or otherwise maintaining peace and good order on
the basis of paying to the Township such sum as provided in the Salary
Ordinance.
Every person appointed to the Police Department
shall, as a prerequisite to becoming a member thereof and before entering
upon his or her duties as such, take and subscribe to an oath or affirmation
as may be required and prescribed by the laws of the State of New
Jersey.
All active officers of the Police Department,
on attaining the age of 65 years, shall retire from service.
A.
All new sworn officers appointed to the Police Department
shall serve a probationary period of one year from date of graduation
or hire, whichever is later, and no person holding such a probationary
appointment as a police officer shall be given or accept a permanent
appointment unless such person has successfully completed a police
training course at an approved school. All appointments for existing
members of the department to a new position shall be for a probationary
period of 90 days from the appointment.
B.
Continuation in the service is dependent upon the
conduct of the appointee and his or her fitness to perform his or
her duties. At the termination of the probationary period, if the
conduct or performance of the probationer has not been satisfactory,
that person shall be notified, in writing, that his or her probationary
period with the Mansfield Township Police Department is to be extended
for an additional period of six months or that the person will not
receive absolute appointment, and the decision of the Chief of Police
shall be final in this regard. In the event that the Chief of Police
determines that there should not be an extension of the probationary
employment for a period of six months, the Chief of Police shall so
notify the person and shall make his recommendation to the governing
body to the effect that his or her services shall be terminated. Should
the Chief of Police agree to extend the probationary employment of
the employee for a period of six months, the probationary employment
will then continue for that six-month extension period, and, during
the period of extended probationary employment, the job performance
of the employee will continue to be observed and evaluated. At the
completion of the extended six-month probationary term, the overall
job performance of the employee will be reviewed and a determination
will be made by the Chief of Police concerning whether the person
shall be recommended for a permanent appointment. If, at the end of
the six-month extension of the probationary employment, the conduct
or performance of the probationer has not been satisfactory, that
person shall be notified, in writing, that the person will not receive
absolute appointment.
C.
At or before the end of the probationary period, the
Township Committee may discontinue, at the recommendation of the Chief
of Police, the service of any such appointee, if the working test
indicates that the appointee is unable or unwilling to perform the
duties of his or her position satisfactorily or is of such reputation,
habits and dependability as not to merit continuance in the public
service. Failure to qualify in the use of a police weapon or complete
other assigned training or inability to understand the functioning,
application and use of any police equipment shall be sufficient reason
for the discontinuance of any such appointee, though discontinuance
may be made for causes other than those enumerated herein. In each
such case, the Township Committee shall give written notice to the
appointee whose service is discontinued.
A.
There will be five classes of patrolmen, which shall
be known as "Patrolman Probationary," "Patrolman Step 1," "Patrolman
Step 2," "Patrolman Step 3," "Patrolman Step 4," and "Patrolman Step
5."
B.
Upon date of hire or graduation from a New Jersey
State approved PTC academy, whichever is later, the patrolmen shall
advance from Patrolman Probationary to Patrolman Step 1 upon recommendation
of the Chief of Police. The patrolmen will become eligible for additional
advances in grade at the expiration of each additional year, upon
the recommendation of the Chief, until they have reached Patrolman
Step 5, and they shall be paid salaries designated in the Salary Ordinance
under the established categories.
C.
If the Chief of Police does not recommend an advance
in grade from one step to the next, the advance in grade shall not
occur, said advancement not being automatic but being dependent upon
the recommendation of the Chief of Police.
A.
There will be two classes of sergeant, which shall
be known as "Sergeant Step 1" and "Sergeant Step 2."
B.
The Sergeant will become eligible for advance in grade
at the expiration of each additional year, upon the recommendation
of the Chief, until they have reached Sergeant Step 2, and they shall
be paid salaries designated in the Salary Ordinance under the established
categories.
C.
If the Chief of Police does not recommend an advance
in grade from one step to the next, the advance in grade shall not
occur, said advancement not being automatic but being dependent upon
the recommendation of the Chief of Police.
D.
The promotion and continuation of the position of
Chief of Police shall be the sole prerogative of the Township Committee.
