[HISTORY: Adopted by the Township Council
of the Township of East Hanover 3-2-1995 by Ord. No. 9-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 42, Police Department, consisting of: Art. I, Department
Generally, adopted 10-4-1979 as Ord. No. 38-1979, as amended; Art.
II, Examinations for Reserves, adopted 10-21-1976 as Ord. No. 22-1976,
as amended; Art. III, Fees for Services and Materials, adopted 12-16-1976
as Ord. No. 32-1976, as amended; and Art. IV, Special Law Enforcement
Officers, adopted 12-4-1986 as Ord. No. 32-1986.
As used in this chapter, the following terms
shall have the meanings indicated:
The Mayor.
The executive head of the Police Department of the Township
of East Hanover.
The Police Department of the Township of East Hanover as
established by ordinance.
That elected official of the Township of East Hanover through
which the executive power of the municipality shall be exercised.
Those elected officials of the Township of East Hanover through
which legislative and investigative functions of the municipality
are exercised.
A.
There is hereby created and established in the Township
of East Hanover a Police Department, which shall be known as the "East
Hanover Police Department." The Police Department is established in
accordance with the provisions of N.J.S.A. 40A:14-118 et seq.
B.
Table of Organization. The Table of Organization for
the Police Department shall be as established by the Township Council
and the Township Council reserves the right to decrease the number
of members or officers of the Police Department for reasons of economy
pursuant to N.J.S.A. 40A:14-143.
[Amended 5-13-1999 by Ord. No. 6-1999]
C.
The appropriate authority may designate a Council
member as liaison to the Police Department. The Council person selected
shall serve for a period of one year and shall be designated as "Police
Commissioner."
[Amended 5-13-1999 by Ord. No. 6-1999]
A.
The Mayor is hereby designated as the appropriate
authority in accordance with N.J.S.A. 40A:14-118. The appropriate
authority shall adopt and promulgate rules and regulations for the
governance of the Department.
B.
Nothing herein contained shall prevent the appropriate
authority, or any executive or administrative officer of the Township
charged with the general administrative responsibilities within the
Township, from examining at any time the operations of the police
force or the performance of any officer or member thereof.
C.
Nothing herein contained shall infringe on or limit
the power or duty of the appropriate authority to act to provide for
the health, safety or welfare of the Township in an emergency situation
through special emergency directives.
D.
The Township Council and individual members thereof
shall act in all matters relating to the police function in the municipality
as a body, or through the appropriate authority.
E.
Nothing herein contained shall prevent the appointment
by the Township Council of committees or commissions; to conduct investigations
of the operation of the police force and the delegation to such committees
or commissions of such owners of inquiry as the Township Council deems
necessary to conduct such hearing or investigation authorized by law.
[Amended 6-18-1998 by Ord. No. 17-1998; 5-13-1999 by Ord. No. 6-1999]
A.
Appointments. All police officers shall be appointed
by the Mayor.
B.
Term of office. The term of office for any police
officer appointed pursuant to this Code shall be indeterminate and
continuous during good behavior. No permanent officer of the Police
Department shall be removed from his or her office, employment or
position for political reasons or for any cause other than incapacity,
misconduct or disobedience of the rules and regulations of the Police
Department in accordance with N.J.S.A. 40A:14-147. No member of the
Police Department can be removed from office except by the Mayor.
C.
Qualifications.
(1)
Individuals will be appointed to the Police Department
in accordance with the provisions of N.J.S.A. 40A:14-122.
(2)
A candidate for appointment to the Police Department
must possess a bachelor's degree from an accredited college or university
located in the United States.
(3)
Candidates for appointment to the Police Department
must successfully complete physical agility, medical and psychological
examinations. A background investigation will be conducted on each
applicant.
(4)
Appointments to the Police Department will be made
after consultation with and recommendation from the Chief of Police
pursuant to a list ranking applicants according to their scores on
tests and interviews as may be directed by the appropriate authority.
A list shall be valid for 18 months from the date of promulgation
unless specifically extended by the appropriate authority.
(5)
Nothing herein contained shall preclude the Mayor from selecting for appointment the individual he/she deems to be the most qualified from among the highest-ranking three candidates on the list formulated pursuant to the provisions of Subsection C(4) above, taking into account the requirements set forth in Subsections C(2) through C(4), inclusive.
[Amended 6-17-1999 by Ord. No. 8-1999]
(6)
Each person appointed as an officer to the Police Department shall
first serve a probationary period of 12 months from the date of certification
by a certified police training academy within the state in accordance
with N.J.A.C. 4A:4-5.2. Persons appointed to the Police Department
who are already Police Training Commission certified shall begin their
twelve-month probationary period upon the date of appointment. During
the probationary period, he or she shall be known as a "probationary
officer." At the termination of the probationary period, the appointment
as an officer shall become final upon the recommendation of the Police
Chief to the appointing authority.
[Added 3-7-2022 by Ord.
No. 1-2022]
D.
Promotions.
(1)
No person shall be eligible for promotion to be a
superior officer until he/she shall have previously served as a patrol
officer in the Department, pursuant to N.J.S.A. 40A:14-129 and 40A:14-130.
[Amended 6-17-1999 by Ord. No. 8-1999]
(2)
All promotions within the Department shall be based
upon merit which shall be determined by prior work performance, experience
and suitable promotional tests for such positions, as may be directed
by the appropriate authority.
(3)
All persons who shall have served at least one year
in the rank immediately below the rank to be filled shall be eligible
for promotion to that rank, provided that in cases where the appropriate
authority deem it in the best interests of the Township, he/she may,
but is not obligated to, open eligibility to one or more additional
subordinate ranks, provided that promotion to the rank of Lieutenant
or above shall require a minimum of one year of service as a Sergeant.
(4)
Eligibles for promotion shall be ranked based upon the criteria set forth in Subsection D(2) above, and the Mayor, after consultation with the Chief of Police, shall select for promotion the individual he/she deems to be the most qualified from among the highest-ranking three eligibles on the list formulated pursuant to the provisions hereof. In cases where there are three or fewer eligibles for promotion and the appropriate authority has not deemed it necessary to open eligibility to additional ranks, the Mayor may, after consultation with the Chief of Police, make the promotion based upon the education and experience of the candidates without additional testing.
[Amended 6-17-1999 by Ord. No. 8-1999]
[Amended 5-13-1999 by Ord. No. 6-1999; 7-16-2001 by Ord. No.
29-2001; 7-12-2004 by Ord. No. 29-2004; 5-14-2007 by Ord. No.
9-2007; 7-1-2008 by Ord. No. 11-2008; 4-5-2021 by Ord. No. 3-2021]
There are hereby created the following positions within the
Police Department for the Township of East Hanover and certain duties
of each position, which are not inclusive of all the duties of the
said positions:
A.
Chief of Police. The Chief of Police shall be appointed by the Mayor
and shall be subject to the direction and supervision of the appropriate
authority. The Chief of Police shall be the executive head of the
Police Department and shall be directly responsible to the appropriate
authority for the efficiency and routine day-to-day operations of
the Police Department. The Chief of Police shall, pursuant to the
policies established by the appropriate authority:
(1)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
(2)
Have, exercise and discharge the functions, powers and duties of
the Police Department.
(3)
Prescribe the duties and assignments of all subordinates and other
personnel.
(4)
Delegate such of his/her authority as he or she may deem necessary
for the efficient operation of the Police Department to be exercised
under his or her direction and supervision.
(5)
Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by such authority.
(6)
Report immediately, but no later than 24 hours, to the appropriate
authority and file a written report to the appropriate authority in
regard to:
(a)
Any accident, motor vehicle or otherwise, in which any member
of the Township of East Hanover Police Department is involved while
such member is acting in his or her official capacity.
(b)
Any investigation of the Police Department being conducted by
any federal, state, county or municipal agency, which concerns either
the Township of East Hanover or a member thereof.
(c)
Any lawsuit, federal, state or otherwise, in which the Township
of East Hanover Police Department or a member of the East Hanover
Police Department is named either as a defendant or plaintiff.
B.
Captain. There shall be one Captain, who shall be the second in command
of the Police Department and shall have the authority and responsibility
ascribed to the Chief when the Chief is absent. The Captain shall
have such other duties as shall be assigned by the Chief.
C.
Lieutenant. There shall be four Lieutenants. Two shall be assigned
to the Patrol Division; one to the Investigation Division and one
to the Support Services Division. The Lieutenants shall have such
duties as shall be assigned by the Chief.
D.
Sergeant. There shall be six Sergeants. Four shall be assigned to
the Patrol Division; one to the Investigation Division and one who
shall be assigned to administrative duties in the Support Services
Division. The Sergeants shall have such duties as shall be assigned
by the Chief.
E.
Patrol officer. There shall be not fewer than 23 nor more than 27
patrol officers, who shall be assigned at the discretion of the Chief
to patrol, investigative or administrative duties. The patrol officer
is responsible for the general law enforcement work involved in the
protection of life and property through the enforcement of laws and
related preventive and investigative work. A patrol officer shall
perform all duties assigned by the Chief or by any other superior
officer.
Duties imposed upon all members of the East
Hanover Police Department are:
A.
The preservation of the peace;
B.
The protection of life and property;
C.
The arrest of violators of the law and recovery of
property;
D.
The prevention and detection of crime;
E.
The enforcement of all laws and ordinances;
F.
Aid and service to the public;
G.
Regulation of traffic and parking;
H.
Youth guidance.
[Amended 5-13-1999 by Ord. No. 6-1999]
The appropriate authority shall promulgate rules
and regulations consistent with applicable law which shall set forth
procedures and rules governing disciplinary actions applicable to
the Police Department.
A.
Appointment. The Mayor may, as he/she deems necessary,
appoint special law enforcement officers in accordance with the applicable
statutes for terms not to exceed one year. The appointment may be
revoked by the Mayor for cause after adequate hearing, unless the
appointment is for four months or fewer, in which event the appointment
may be revoked without cause or hearing. The Mayor is not required
to reappoint upon expiration of the term.
[Amended 5-13-1999 by Ord. No. 6-1999]
B.
Duties. Special law enforcement officers shall not
be members of the Department, and their powers and duties shall cease
at the expiration of the term for which appointed. Special law enforcement
officers will serve on a temporary or intermittent basis to supplement
the regular Police Department during emergent or unusual conditions,
for traffic and crowd control and/or to provide extra security at
parades, sporting events, riots, natural disasters and for other similar
purposes. No special law enforcement officer will have authority to
carry a firearm or effect an arrest except as specifically set forth
in N.J.S.A. 40A:14-146.14 and 40A:14-146.15.
C.
There shall be the following three classes of special police officers
pursuant to law:
[Added 10-1-2018 by Ord.
No. 15-2018]
(1)
Class
1. Officers of this class shall be authorized to perform routine traffic
detail, spectator control and similar duties. Such officers shall
have the power to issue summonses for disorderly persons offenses,
petty disorderly persons offenses, violations of Borough ordinances
and violations of N.J.S.A. 39:1-1 et seq. The use of a firearm by
an officer of this class shall be strictly prohibited, and no officer
of this class shall be assigned any duties which may require the carrying
of or use of a firearm. The Chief of Police may authorize the use
of mechanical force weapons, but such special law enforcement officers
must train and demonstrate proficiency with such mechanical force
weapons with the same frequency as regular police officers.
(2)
Class
2. Officers of this class are authorized to exercise powers and duties
commensurate with those of a regular police officer. The use of a
firearm by such officer may only be authorized upon successful completion
of training and instruction as required by law. The Chief of Police
may authorize the use of mechanical force weapons, but such special
law enforcement officers must train and demonstrate proficiency with
such mechanical force weapons with the same frequency as regular police
officers.
(3)
Class
3. Officers of this class must be a retired law enforcement officer
under the age of 65, who had retired from his/her agency in good standing
and possesses a valid New Jersey Police Training Commission basic
police officer certification. Such Class 3 officers must be physically
capable of performing the functions of the position in accordance
with New Jersey Police Training Commission guidelines. Such Class
3 officers are authorized to exercise powers and duties commensurate
with those of a regular police officer. The use of a firearm by such
officer may only be authorized upon successful completion of training
and instruction as required by law. The Chief of Police may authorize
the use of mechanical force weapons, but such special law enforcement
officers must train and demonstrate proficiency with such mechanical
force weapons with the same frequency as regular police officers.
[Amended 5-13-1999 by Ord. No. 6-1999]
As the efficient operation of the Department
depends, to some extent, on the health of its members, all members
of the Department shall be required to submit to a medical examination
every two years from the date of appointment. Such examinations will
be conducted by the Township Physicians or such other physician as
the Township may designate, at no cost to the member. The results
of the medical examinations, which shall be kept as confidential as
possible, shall be reported to the Chief of Police. If, in the opinion
of the Chief, action is required, he shall report with his recommendation
to the appropriate authority and to the Mayor if the same is not also
the appropriate authority.
A.
Rules and regulations for the efficient operation
of the Police Department, the governance of the police force and for
the discipline of its members as promulgated by the appropriate authority
shall be provided to all members of the Police Department. The rules
and regulations may be amended at any time by the appropriate authority;
copies of such amendments or additions shall be supplied to all members
of the Police Department.
[Amended 5-13-1999 by Ord. No. 6-1999]
B.
Whenever there is a conflict between the provisions
of the rules and regulations of the Police Department and this chapter,
the provisions of this chapter shall control.
The following positions are hereby established
within the Department. The positions being established are civilian
in character, and the persons being appointed to these positions shall
not have the right to bear firearms or the power of arrest:
A.
A school crossing guard 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.
B.
Female prisoner attendant shall be a female, appointed
by the Mayor, upon recommendation of the Chief of Police, for the
purpose of performing strip searches of female prisoners, should there
exist no available female police officer or female special police
officer. Strip searches will be conducted in accordance with N.J.S.A.
2A:161A-1 et. seq. and applicable rules and regulations of the East
Hanover Police Department.
[Amended 5-13-1999 by Ord. No. 6-1999]
Promotions of civilian members of the Police
Department shall be made by the Mayor and upon recommendation of the
Chief of Police. Promotions shall be based upon merit as may be determined
by suitable promotional tests for such positions, which will rank
employers on the basis of test scores as well as prior work performance
and experience.
Every officer and member of the Police Department
shall devote his or her whole time and attention to the business of
the Department, and he or she is expressly prohibited from following
any other calling or being employed in any other business during the
hours in which he or she is on duty. He or she may, however, accept
any respectable employment, at any time that he or she is not on duty,
provided that such employment shall not affect his or her efficiency
as a police officer nor reflect adversely upon his or her character
or that of the Department.
