[Amended 6-20-2011 by Ord. No. 11-14; 10-17-2011 by Ord. No. 11-18; 1-17-2012 by Ord. No. 12-01; 6-17-2013 by Ord. No. 13-09; 6-16-2014 by Ord. No.
14-11; 10-19-2015 by Ord. No. 15-17]
Department established. There is hereby established within, by and
for the Township of Clark, the Department of Police, which is also
being known as the Police Department, the head of which is the Chief
Department composition. The Clark Police Department, which shall
consist of no more than a Chief of Police, up to two Captains, up
to four Lieutenants, up to eight Sergeants and up to 30 police officers,
to be appointed to these positions by the Chief of Police at the approval
of the appropriate authority with the budgetary approval of the governing
body, as public need may require. Detectives shall be appointed from
among the above-listed personnel on an as-needed basis with the recommendation
of the Chief of Police and the approval of the administration. In
addition, the Police Department may employ school traffic guards and
traffic control officers, clerical personnel and other employees to
assist its officers in preserving the peace and good order in the
[Amended 1-21-2020 by Ord. No. 20-07]
Responsibilities of the Police Department. The Police Department
shall 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 Clark; 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 employees.
Chief of Police. There is hereby created within the Department of
Police the position of Chief of Police, who shall be appointed by
the Mayor. The Chief of Police shall be directly responsible to the
Mayor as the appropriate authority for the efficiency and routine
day-to-day operations thereof, pursuant to policies established by
the appropriate authority under N.J.S.A. 40A:14-118.
The Chief of Police or, in case of the Chief's illness or absence,
the officer next in the chain of command shall exercise control over
the Department, its members and property, subject to the order of
the appropriate authority.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
Have, exercise, and discharge the functions, powers and duties of
Prescribe the duties and assignments of all subordinates and other
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such authority.
Designation of appropriate authority. In accordance with N.J.S.A.
40A:14-118, the Mayor of the Township of Clark is hereby designated
as the appropriate authority and is hereby vested with the powers
and duties of an appropriate authority as delegated by law. The Mayor
shall also serve as the hearing officer for all disciplinary hearings
within the Department, unless a designee is appointed.
Establishing the rules and regulations of the Police Department.
The Mayor as the appropriate authority shall, from time to time as
may be necessary, adopt and amend the rules and regulations for the
government and discipline of the Police Department and employees thereof.
Said rules and regulations may fix and provide for the enforcement
of such rules and regulations and the enforcement of penalties for
the violation of such rules and regulations. All employees of the
Police Department shall be subject to such rules and regulations and
Disciplinary actions. Discipline of employees and police officers
will be imposed consistent with New Jersey State statutes and the
rules and regulations of the Clark Police Department. Employees may
be subject to discipline for violating laws, statutes, ordinances,
rules and regulations and written directives.
Organizational components. The Chief of Police shall establish organizational
components of the Department as needed for the efficiency and routine
day-to-day operations of the Police Department.
Appointment of Police Department, officers and personnel. No person
shall be appointed to the Police Department who is not qualified as
provided in the New Jersey Statutes. The selection criteria for a
police officer shall be established in the department policy consistent
with New Jersey Statutes.
Working test period. Personnel shall be required to complete a working
test period in accordance with N.J.A.C. 4A:4-5.1 et seq.
Fees for police services.
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
- REQUESTING AGENCY
- Any person, public or private, desires to use such special
- SPECIAL ESCORT SERVICE
- The provisions of special police protection for any person,
public or private, for the purpose of transporting money or other
valuable goods within the boundaries of the Township.
Special escort service.
Administration. The desk officer shall record all requests received
for escort service and shall file daily reports with the Chief of
Police. The Chief of Police shall cause monthly bills to be forwarded
to each requesting agency detailing the date, destination and total
cost. All bills are payable before the 10th day of the following month.
Failure of using agency to pay the monthly bill in accordance with
the terms of this article will constitute grounds for the termination
of such special escort service until all bills are satisfied. Checks
in payment shall be made payable to "Police Department, Township of
Clark." A report of receipts and a check representing total receipts
shall be filed with the Township Treasurer on a monthly basis.
Fees. The cost of special escort service rendered by the Police Department to any person is as set forth in § 145-3
Copies of public records. The charges as set forth in § 145-3
shall be made by the Record Bureau of the Police Department for the furnishing of photographs, photocopies, or other duplications of public records of the Police Department.
Collection. All charges and fees shall be collected by the officer
in charge of the Record Bureau of the Police Department or his/her
Disposition. Within 48 hours, all charges and fees collected under
this subsection shall be delivered to the Township Treasurer and thereafter
deposited by him/her in the appropriate account of the Township.
Miscellaneous regulations. "Emergency" defined. Whenever the term
"emergency" appears in the rules and regulations of the Police Department,
the meaning shall be as follows: "Emergency" shall mean and include
any unusual conditions caused by fire, weather or any circumstances
or situation, including shortages in departmental personnel caused
by vacancies, sickness or injury, or by the taking of accrued vacation
or sick leave, or both, whereby the safety of the public is endangered
or imperiled, as shall be determined within the sole discretion of
the Chief of Police.
Personnel, assignment to private gatherings; payment.
Any organization or person desiring police service at private gatherings
shall make such a request to the Chief of Police. The Chief of Police
shall have the right to assign off-duty police officers or special
law enforcement officers to such private gatherings.
The organization or person so requesting this police service shall
pay the Township of Clark, and, in turn, the Township of Clark will
pay the police/special law enforcement officers, a sum equal to the
prevailing rate paid to Township police officers.
Special law enforcement officers.
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
- SPECIAL LAW ENFORCEMENT OFFICER
- Any person appointed pursuant to N.J.S.A. 40A:14-146.8 et
seq., to temporarily or intermittently perform duties similar to those
performed regularly by members of the Police Department, or to provide
assistance to the Police Department during unusual emergency circumstances.
Creation of position. The Township Council may appoint special law
enforcement officers as it deems necessary for the preservation of
peace and good order in the Township of Clark. They shall be under
the supervision and direction of the Chief of Police or, in the absence
of the Chief of Police, the chief law enforcement officer designated
by the Chief of Police.
Qualifications. No person may be appointed as a special law enforcement
officer unless such person:
Is a resident of the State of New Jersey during the term of
Residents of the Township of Clark shall be given preference
for appointments as special officers. Nonresidents certified as special
officers by the New Jersey Police Training Commission may be considered
for appointment at the discretion of the appointing authority.
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or equivalent.
Is sound in body and of good health.
Is of good moral character.
Has not been convicted of any offense involving dishonesty,
which would make him/her unfit to perform the duties of the office
of special law enforcement officer.
Has successfully undergone similar psychological testing that
is required of all full-time police officers.
Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8
et seq., the administrative rules and regulations of the Police Department
and the general ordinances of the Township of Clark.
Classification. Special law enforcement officers shall be classified
as belonging to either Class One or Class Two, based upon the duties
to be performed by each class, as follows:
Class 1-A. Officers of this class shall be authorized to perform
routine traffic detail, spectator control, and similar duties as may
be assigned by the Chief of Police or, in the absence of the Chief
of Police, the law enforcement officer designated by the Chief of
Class 1-B. Class 1-B officers shall have the same powers as
Class 1-A officers and, in addition, shall have the power to issue
summonses for disorderly persons and petty disorderly persons offenses,
violations of Township ordinances, and violations of N.J.S.A. 39:1-1
Firearms. The use of a firearm by a Class One special law enforcement
officer shall be strictly prohibited. No Class One officer shall be
assigned any duty which may require the carrying or use of a firearm.
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 a Class
Two special law enforcement officer may be authorized only after the
officer shall have been fully certified as successfully completing
training, as prescribed by the Police Training Commission established
in the Police Department.
Training course. No person shall commence duties as a special law
enforcement officer until having successfully completed a training
course approved by the Police Training Commission. In addition, no
Class Two special law enforcement officer shall be issued a firearm
prior to having successfully completed the basic firearms course required
by the Police Training Commission for permanent, regularly appointed
police and annual requalification examinations.
Persons ineligible for appointment. No person shall be eligible to
serve as a special law enforcement officer in the Township of Clark
if that person intends to serve as a special law enforcement officer
in another municipality, nor shall any permanent, regularly appointed
full-time police officer be permitted to simultaneously serve as a
special law enforcement officer in the Township. No public official
with responsibility for setting law enforcement policy or exercising
authority over the budget of the Township or supervision of the Police
Department shall be appointed as a special law enforcement officer.
Fingerprints. Every applicant appointed to the position of special
law enforcement officer shall have fingerprints taken, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
Powers and authority. The Chief of Police, or, in the absence of
the Chief of Police, such other law enforcement officer designated
by the Chief of Police, may authorize special law enforcement officers,
when on duty, to exercise the same powers and authority as permanent,
regularly appointed police officers, including, but not limited to,
the carrying of firearms and the power of arrest, subject to rules
and regulations not consistent with the certification requirements
of N.J.S.A. 40A:14-146.8 et seq., as may be established by the Code
of the Township of Clark.
Appointment; term; revocation. A special law enforcement officer
may be appointed for a term not to exceed one year. The powers and
duties of a special law enforcement officer shall cease at the expiration
of the term to which the special law enforcement officer shall have
been appointed. At the expiration of such term, the Township Council
shall have absolute discretion in determining whether to reappoint.
The appointment of a special law enforcement officer may be revoked
by the Chief of Police for cause and after an administrative 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 the reappointment upon the expiration
of the terms. Such special law enforcement officers shall not be classified
as regular members of the Police Department entitled to tenure and
other benefits of the Police Department. They shall receive such compensation
for their services as recommended by the Chief of Police and set forth
in the Township of Clark Salary Ordinance.
Duty times. A special law enforcement officer shall be deemed to
be on duty only while performing the public safety functions on behalf
of the Township pursuant to N.J.S.A. 40A:14-146.8 et seq., and when
receiving compensation, if any, from the Township at the rates or
stipends as 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 his/her designee, or while receiving compensation
for those duties from a private employer. A special law enforcement
officer may, however, be assigned by the Chief of Police, or his/her
designee, to perform public safety functions for a private entity
if the Chief of Police, or his/her designee, supervises the performance
of the public safety functions. If the Chief of Police, or his/her
designee, assigns a public safety duty and supervises the performance
of those duties, then, notwithstanding that the Township is reimbursed
for the cost of assisting a special law enforcement officer at a private
entity, the special law enforcement officer shall be deemed to be
Hours of employment. Except in periods of emergency, in which event
there shall be no limitation as to hours per week, no special law
enforcement officer may be employed for more than 20 hours per week.
An "emergency" shall be defined as 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 his/her
designee. Vacations, shortages in police personnel caused by vacancies
unfilled by the Township Council for more than 60 days or any other
condition which could reasonably have been anticipated or foreseen
shall not constitute an emergency. However, an emergency may continue
when a vacancy remains unfilled for more than 60 days and when, on
application of the Township Council, the County Prosecutor grants
an extension for one or more sixty-day periods upon a showing by the
Township Council of a diligent, good faith effort to fill the vacancy.
Supervision; conduct. A special law enforcement officer shall be
under the supervision and direction of the Chief of Police or his/her
designee and shall perform all duties solely with the Township of
Clark, except when in fresh pursuit of any person, pursuant to N.J.S.A.
2A:156-1 et seq. A special police officer shall comply with the rules
and regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Township, as well as all
rules and regulations applicable to the conduct and decorum of special
law enforcement officers.
Police Director. If appointed, the Police Director shall report to
the Mayor of the Township of Clark. The Police Director shall serve
as the administrative and executive head of the Police Department.
The Police Director, if appointed, shall be appointed by the Mayor
and shall serve at the pleasure of the Mayor and may be removed by
the Mayor. The Police Director's duties include, but are not
Establish the procedures to be followed by the Chief of Police and
other subordinate officers for the purchase of equipment and supplies.
Such procedures may include the requirement that the Police Director
approve all expenditures with regard to the equipment and supplies.
Keeping a record of all business transacted by the Police Department
and approving all bills for the expense of the Police Department.
Keeping and maintaining accurate records and submitting an annual
report to the Mayor, which shall assess the operations of the Police
Department, and its personnel, equipment and property.
Keeping and maintaining all records, reports, documents and other
data required to be kept and maintained by the federal and/or state
government and/or any of their respective subdivisions.
Keeping and maintaining a record of all appointments, dismissals,
removals, resignations and deaths of officers and other Department
employees as they take place, with such other information as may be
Developing the annual budget for the Police Department and overseeing
any and all expenditures of the Police Department.
Analyzing crime trends and statistics to ensure that the Police Department
makes the best use of available funds, personnel, equipment and supplies.
Evaluating the effectiveness of work program and procedures of all
units and bureaus within the Police Department and developing effective
work methods for subordinates.
Undertaking special studies pertaining to police functions and promoting
close coordination of planning efforts.
Establishing and maintaining helpful and cooperative relations with
civic and business organizations, schools, and court offices, and
with other groups and public authorities and other jurisdictions,
and with others interested in the maintenance of law and order.
All such other duties not specifically reserved to the Chief of Police
pursuant to N.J.S.A. 40A:14-118.
[Amended 11-21-2011 by Ord. No. 11-21; 1-17-2012 by Ord. No. 12-01; 2-18-2014 by Ord. No. 14-02; 6-16-2014 by Ord. No. 14-12; 2-17-2015 by Ord. No. 15-01]
Established. There is hereby established in the Township, within
the Department of Public Safety, a Volunteer Fire Department, to be
known as the "Volunteer Fire Department of the Township of Clark."
Organization. The Clark Fire Department shall consist of the following
Officers in order of the chain of command/rank:
[Amended 2-16-2016 by Ord. No. 16-02; 3-20-2017 by Ord. No. 17-05; 4-16-2018 by Ord. No. 18-10]
Director/Fire Chief/Fire Official.
Command Staff/Line Officers.
Duties and responsibilities of the Command Staff and Line Officers and for their appointment, pursuant to the terms of Chapter 161
, entitled Fire Prevention.
The Command Staff shall include Deputy Chiefs, Battalion Chiefs,
Captains and Lieutenants in such number as may be determined by the
Director of the Department.
Duties, responsibilities, and appointment procedures are defined in Chapter 161
, Fire Prevention, and as needed in accord with the Clark Fire Department Standard Operating Guidelines as approved by the Director/Chief of the Department with approval of the Administration.
It shall be the duty of every Command Staff and Line Officer to perform
all acts and things required by general law, the Ordinances of the
Township, Standard Operating Guidelines governing the Department and
orders issued by the Director/Chief and the Administration.
New members. The Director/Fire Chief/Fire Official and Command Staff,
as needed, shall interview and present to Council persons for appointment
to the Fire Department.
Approval; certificate of membership. Such persons, after having been
approved by the Township Council, in its discretion, shall be furnished
with certificates of membership by the Township Clerk and shall thereafter
be considered members of the Fire Department
Duties. It shall be the duty of every member of the Fire Department
to observe and enforce all laws, ordinances and Department Standard
Operating Guidelines pertaining to his/her duty as a firefighter.
The firefighter shall, under the supervision of the Director/Fire
Chief/Fire Official and Command Staff, be authorized and empowered,
and it shall be his/her duty, to perform all acts and things required
by general law, ordinances of the Township, and Departmental Standard
Operating Guidelines of the Fire Department.
Register of members. The Township Clerk shall keep register of all
members of the Fire Department.
Disciplinary proceedings. Charges may be proffered by the Director/Fire
Chief/Fire Official against any member of the Department; by the Director
of Public Safety against any member of the Department, including the
Chief; and by a majority of the members of the Department against
any member, including the Chief.
Any rule or regulation shall be issued by the Director/Fire Chief/Fire
Official of the Department and posted. The Standard Operating Guidelines,
together with any other rule or regulation of the Fire Department
heretofore adopted, are continued.
[Amended 4-16-2018 by Ord. No. 18-10]
Any member who has served one year and has completed his/her requirements
as a probationary firefighter may move his/her residence from the
jurisdiction limits of the Township of Clark with the prior approval
of the Director/Fire Chief/Fire Official; provided, however, that
the member's new residence shall not be more than three miles'
distance from the jurisdiction limits of the Township of Clark. Any
member who has relocated his/her residence beyond the geographical
limits provided for hereinabove shall be determined to have resigned
as a member of the Clark Voluntary Fire Department.
Any trained firefighter who lives two miles outside the jurisdiction
limits of the Township of Clark may complete an application to join
the Clark Volunteer Fire Department. Trained firefighter requirements
include successful completion of the State of New Jersey requirements
for Firefighter One and Two Programs. Any application will be reviewed
by the senior officers of the Fire Department and approved or denied
for membership pending final approval of the Chief of the Fire Department.
Once an application has been approved, the application will be placed
on a wait list pending the need for additional members, or the application
will be sent to the administration for the applicant to be approved
for a position within the Fire Department. Any members joining the
Clark Volunteer Fire Department who reside outside the jurisdiction
limits of the Township of Clark shall not hold a position of Fire
Pension to surviving spouse or minor children.
The governing body of any municipality served by a volunteer fire
company or first aid or rescue squad shall, by resolution, determine
the eligibility for a survivor's pension of the widow or children
or parent of any volunteer firefighter, first aid worker, rescue squad
worker, or emergency medical technician who has died as the result
of injuries sustained in the course of performance of duties as a
member of the volunteer fire company or first aid or rescue squad
on or after January 1, 2000. A governing body may determine that the
widow or children or parent of a volunteer is eligible for a survivor's
pension whenever a volunteer dies while responding to, preparing for
or returning from an emergency while under orders from a competent
authority. When the municipal governing body determines that a widow
or children or parent are eligible for a survivor's pension,
a certified copy of the resolution shall be filed by the Municipal
Clerk with the State Treasurer within 10 days of adoption, and the
state shall provide for payment of the survivor's pension, starting
in the first calendar year next following the year of death of the
volunteer or the year next following the year in which P.L. 2002,
c. 134, is enacted, whichever is later.
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
- A deceased firefighter's, emergency medical technician's,
or first aid or rescue squad worker's unmarried child:
Eighteen years of age or older and enrolled in a secondary school;
Under the age of 24 and enrolled in a degree program in an institution
of higher education for at least 12 credit hours in each semester;
Of any age who, at the time of the firefighter's, technician's
or worker's death, is disabled because of mental retardation
or physical incapacity, is unable to do any substantial, gainful work
because of the impairment, and the impairment has lasted or can be
expected to last for a continuous period of not less than 12 months,
as affirmed by a medical professional.
- FIRST AID OR RESCUE SQUAD
- Any duly incorporated first aid and emergency or volunteer
ambulance or rescue squad association providing volunteer public first
aid, ambulance or rescue services within the municipality.
- The parent of a firefighter, emergency medical technician,
or first aid or rescue squad worker who was receiving at least 1/2
of his or her support from the firefighter, technician or worker in
the twelve-month period immediately preceding the firefighter's,
technician's or worker's death. The dependency of such a
parent will be considered terminated by marriage of the parent subsequent
to the death of the member.
- Shall also include "widower."
Amount. A survivor's pension granted under Section 1 of P.L.
1957, c. 168 (N.J.S.A. 43:12-28.1), shall be for the sum of $15,000
annually and shall be paid to the widow during her widowhood, or to
the child or children of such firefighter, emergency medical technician,
or first aid or rescue squad worker if, he leaves no surviving widow,
or to such child or children after the death of such widow; $10,000
annually and shall be paid to the child or children of such firefighter,
emergency medical technician, or first aid or rescue squad worker
if the surviving widow remarries; or $5,000 annually and shall be
paid to the parent or parents of such firefighter, emergency medical
technician, or first aid or rescue squad worker if he leaves no surviving
widow or child. As used in this subsection, the terms "widow" and
"widowhood" shall also include "widower" and "widowerhood," respectively.
Manner of payment. With regard to any pension granted by a municipality
pursuant to Section 1 of P.L. 1957, c. 168 (N.J.S.A. 43:12-28.1),
prior to the effective date of P.L. 2002, c. 134, the governing body
shall make provision in its budget for the payment of any such pension,
and the same shall be paid in the same manner as municipal employees