[Adopted as Ch. 24 of the 1973 Code]
[Amended 4-9-1975; 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
There is hereby established in the Borough of Somerdale, County
of Camden, a Police Department which shall consist of a Police Chief
and such number of officers, including Lieutenant, Sergeant or Detective,
as the Police Chief, in consultation with the Mayor and Council, may
deem proper to appoint.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
The officers and members of the Police Department shall be appointed
by the Police Chief, subject to confirmation by the Mayor and Council,
in the manner prescribed by law for making of such appointments. Such
persons so appointed shall receive the salary as may be determined
by the Mayor and Council or as reached through collective bargaining
with any recognized union.
The officers and members of the Police Department shall have
the power to serve and execute all processes issuing out of the Municipal
Court of the Borough of Somerdale and shall have such powers and duties
as shall be prescribed by the laws of the State of New Jersey, the
applicable ordinances and resolutions of the Borough of Somerdale
and such rules, regulations, orders and resolutions as may now or
hereafter be adopted for the government and discipline of the Police
Department.
The officers and men of the Police Department shall severally hold their respective offices and continue in their respective employment during good behavior and efficiency, and no person shall be removed from, office or employment in the Police Department for political reasons or for any other cause than incapacity, misconduct or disobedience of just rules, regulations, orders and resolutions established or which may be established for the Police Department; provided, however, that any member of the Police Department who shall be absent from duty without just cause for a term of five days continuously shall, upon a finding to that effect after a hearing as provided in § 44-12 hereof, be subject to dismissal from the Department.
[Amended 9-12-1990 by Ord. No. 90:09]
To be eligible for appointment to the Police Department of the
Borough of Somerdale, a person must be a citizen of the United States
for one year next preceding his appointment and must be of good moral
character and at no time ever convicted of a crime involving moral
turpitude and must meet all other tests and qualifications established
by statute, particularly the eligibility requirements of the New Jersey
Department of Personnel.
[Amended 9-12-1990 by Ord. No. 90:09; 4-14-1993 by Ord. No. 93:03]
A.
Special police officers, including men and women, may be appointed
by Mayor and Council pursuant to the provisions of the Special Law
Enforcement Officers Act, N.J.S.A. 40A:14-146.8 et seq., as in effect
and as may be amended or supplemented from time to time.
B.
Class one special officers, in addition to being authorized to perform
routine traffic detail, spectator control and similar duties, are
hereby authorized to issue summons for disorderly persons and petty
disorderly persons offenses, violations of municipal ordinances and
violations of Title 39 of the New Jersey Revised Statutes, all under
the direction of the Police Chief or his designated appointee.
C.
Class two special officers are 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 officer
is authorized only after such officer has been fully certified as
successfully completing training as prescribed by the New Jersey Police
Training Commission.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
A.
The Police Chief shall be the executive officer of the Police Department,
subject to such rules, regulations and orders as may from time to
time be prescribed by the Mayor and Council.
B.
The Police Chief shall arrange for the keeping of a record of the
work and operations of the Police Department and shall, at the end
of each month, prepare and present to the Mayor and Council a report
of the work and operations of the Department for the preceding month.
C.
The Police Chief shall be a full-time employee irrespective of whether
other officers or patrolmen are on a part-time basis.
D.
It shall be the duty of the Police Chief to cause public peace to
be preserved and to see that all the laws, ordinances, written orders
and resolutions of the Mayor and Council pertaining to police enforcement
are properly complied with. He shall faithfully and promptly obey
and cause all the personnel under him to obey all the rules, regulations,
resolutions, and orders from time to time prescribed by the Mayor
and Council.[1]
[1]
Editor's Note: Former §§ 24-8 and 249,
dealing with Lieutenants and Sergeants, respectively, which followed
this section, were repealed 12-9-1987 by Ord. No. 87-26.
If any member of the Police Department shall absent himself
from duty on account of sickness, such member shall be allowed and
paid such salary during such absence as may be determined by the Mayor
and Council in accordance with statutory rules, regulations and procedure,
unless such absence was duo lo injury or illness incurred in the performance
of duty, in which case such member shall be entitled to full pay,
subject, however, to such limitations as may be otherwise imposed
by law.
The headquarters of the Police Department is hereby established
in such place or places as the Mayor and Council of the Borough of
Somerdale, in the County of Camden, may from time to time designate,
which headquarters shall be open for the transaction of business at
all hours of the day or night, including Sundays, when officers are
available.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
Any officer or member of the Police Department shall be subject to reprimand, deduction of pay, suspension from duty, reduction in rank or dismissal, according to the nature of the aggravation of his or her offense, for violation of orders or for any violation of the rules and regulations governing the Police Department, as adopted by the Mayor and Council pursuant to § 44-13 of this article.
[Amended 12-9-1987 by Ord. No. 87:26; 5-8-1991 by Ord. No. 91:05]
The Police Chief shall have the power to suspend from duty any member of the Department against whom charges are brought for violating any of the regulations as established by § 44-13 of this article or any applicable law or regulation governing the operation of the Borough Police Department or the conduct of police officers generally. Such suspension may be with or without pay in the discretion of the Police Chief and shall be effective until such time as final decision is rendered after hearing by the Mayor and Council.
[Amended 9-12-1990 by Ord. No. 90:09]
No permanent member or officer of the Police Department shall
be removed from his office, employment or position for political reasons
or for any cause other than incapacity, misconduct or disobedience
of the rules and regulations established for the government of the
Police Department, nor shall such member or officer be suspended,
removed, fined or reduced in rank from or in office, employment or
position therein, except for just cause as hereinbefore provided and
then only upon a written complaint setting forth the charge or charges
against such member or officer. Said complaint shall be filed in the
Police Department, and a copy shall be served upon the member or officer
so charged, with notice of a designated hearing thereon by the proper
authorities, which shall be not less than 10 nor more than 30 days
from the date of service of the complaint. A failure to comply with
said provisions as to the service of the complaint shall require a
dismissal of the complaint.
A.
The Mayor and Council shall make such rules and regulations concerning
the conduct and duties of the officers and personnel, the kinds of
uniform and insignia to be worn by them and concerning such other
matters as may be necessary for the proper regulation of the Police
Department. When the same have been adopted by the Mayor and Council,
they shall be known as the "Rules and Regulations for the Government
of the Police Department of the Borough of Somerdale, County of Camden
and State of New Jersey" and shall be binding on each officer and
member of the Police Department and all special officers and may further
make provisions for the acquisition of such apparatus, equipment and
vehicles as may be deemed necessary or useful for the Police Department.
B.
Each member of the Police Department shall be presented with a printed
copy of the Rules and Regulations of the Police Department, and any
neglect or failure by any member of the Police Department to carry
out each and every rule and regulation or order as aforesaid shall
be held to be sufficient cause for dismissal from the Department.
There shall be appointed each year by the Mayor and Council
a Police Physician who shall serve from January 1 of the year of his
appointment for a term of one year.
[Amended 11-10-1976; 5-13-1987 by Ord. No. 87:11; 9-12-1990 by Ord. No. 90:09]
There are hereby established leaves of absence for the permanent
full-time members of the Police Department of the Borough of Somerdale.
All leave time, including vacation, holiday, sick and compensatory
leaves and special leaves with pay, shall be in conformance with New
Jersey Department of Personnel regulations and the current contract
in effect.
