There shall be a Department of Public Safety,
the head of which may be the Chief of Police.
A.
There is hereby created and established in the Township
of Brick a Police Department, which shall be a division of the Department
of Public Safety and shall be known as the Brick Township Police Department.
The Police Department is established in accordance with the provisions
of N.J.S.A. 40A:14-118 et seq.
B.
The Township Business Administrator is hereby designated
as the appropriate authority of the Police Department and shall be
responsible for the overall operation of the Police Department and
shall promulgate rules and regulations for the government of the police
force and the discipline of its members. The Business Administrator,
or his designee, shall sit as Hearing Officer for the Township on
any complaint against a permanent police officer charging violation
of N.J.A.C. 4A:2-2.3, New Jersey statutes, or violation of the internal
rules and regulations of the Police Department. In the event that
the Business Administrator does not act as Hearing Officer, the individual
so designated to hear the discipline matter shall, within 15 days
of the conclusion of the hearing, forward his findings to the Business
Administrator, who shall make the final determination. The Business
Administrator's decision shall be reviewable only as provided by New
Jersey Department of Civil Service regulations or statute, case law
and/or applicable collective bargaining agreement. In the event an
individual not employed by the Township is designated by the Business
Administrator to act as the Hearing Officer, an alternate Hearing
Officer shall be appointed by resolution of the Township Council.
A.
The Chief of Police shall appoint subordinate officers
and employees within their respective departments and may, with approval
of the Mayor, remove such officers and employees, subject to the provisions
of Title 11A of the New Jersey Statutes, where that title is effective
in the municipality, or other general law.
B.
Members, officers and personnel of the Police Department
shall be paid in accordance with the terms and provisions of the Salary
Ordinance of the Township.
There are hereby created the following positions
within the Police Department for the Township of Brick and the respective
duties of each position:
A.
Chief of Police. The Chief of Police shall be the
head of the Police Department and he or she shall be directly responsible
to the Business Administrator 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 Mayor, Township Council and 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 force.
(3)
Prescribe the duties and assignments of all subordinates
and other personnel.
(4)
Delegate such authority as he or she may deem necessary
for the efficient operation of the force to be exercised under the
Chief's direction and supervision.
(5)
Report at least monthly to the Mayor, in such form
as shall be prescribed by the appropriate authority, on the operation
of the force during the preceding month, and make such other reports
as may be requested.
(6)
Within the limitations set forth in N.J.S.A. 40A:14-118
et seq., the Department disciplinary authority and responsibility
rests initially with the Chief of Police. Except for oral reprimands
and emergency suspensions, Department discipline must be taken or
approved by the Chief of Police. In any case where the Chief of Police
believes a member or employee of the Police Department should be suspended
for a period in excess of five days, receive a demotion or be removed
from service, before such an action should be taken, he or she shall
make the appropriate recommendation to the Administrator setting forth
the facts upon which his or her recommendation is based, together
with all documents concerning the charges against and the hearing
for the member or employee in question.
B.
Deputy Chief. The Deputy Chief holds an administrative
position falling directly under the supervision of the Chief of Police.
The Deputy Chief shall be responsible for carrying out the orders
of the Chief of Police in regard to the general administrative operation
and efficiency of the Police Department. The Deputy Chief shall perform
such other duties as are directed by the Chief of Police. He or she
shall assist the Chief of Police in formulating and implementing policy,
regulations, goals and objectives of the Police Department. The Deputy
Chief shall perform such other duties as are directed by the Chief
of Police. The Deputy Chief shall serve as acting Chief of Police
whenever the Chief of Police is unable to perform his duties due to
absence, illness or any other reason.
C.
Captain. The Captain holds an administrative position
falling directly under the supervision of the Chief of Police, Deputy
Chief of Police or an inspector if so designated by the Chief of Police.
The Captain shall be responsible for carrying out the orders of the
Chief of Police in regard to the general administrative operation
and efficiency of the Police Department. The Captain shall perform
such other duties as are directed by the Chief of Police. He or she
shall assist the Chief of Police in formulating and implementing policy,
regulations, goals and objectives of the Police Department. The Captain
shall perform such other duties as are directed by the Chief of Police.
D.
Lieutenant. The Lieutenant holds an administrative
supervisory position under the supervision of his or her superiors.
The Lieutenant assists the Chief of Police, Deputy Chief and Captain
in formulating and implementing policy, regulations, goals and objectives
of the Police Department. He or she inspects personnel and equipment
to ensure that both meet Department standards and performs such other
duties as are directed by his or her superiors.
E.
Sergeant. The Sergeant is responsible for supervising
police work, directing and assisting in the direction of or participating
in the activities of the Police Department on an assigned shift. He
or she performs those tasks which are delegated by his or her superiors.
F.
Patrolman. The patrolman is responsible for the general
law enforcement work involved in the protection of life and property
through the enforcement of laws and related preventative investigative
work. A patrolman shall perform all duties which are assigned to him
or her by superior officers.
[Amended 9-25-2012 by Ord. No. 30-12; 2-27-2018 by Ord. No. 5-18]
A.
The following staffing limits shall apply to the Police Department:
B.
If at the time this section becomes effective there are officers
in excess of the numbers herein provided, all such officers shall
continue their rank but, upon their departure, no appointment shall
be made to their rank, until the limits provided herein are reached.
A.
Appointment. All police officers, without regard to
rank, shall be appointed or promoted by the Mayor, or Business Administrator
if so designated by the Mayor, in accordance with applicable state
law.
B.
Term of office. The term of office for any police
officer shall be indeterminate and continuous during good behavior
and efficiency. No permanent officer of the Police Department shall
be removed from 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. No member of
the Police Department can be removed from office except with the consent
and approval of the Business Administrator. No member of the Police
Department shall be suspended, removed, fined or reduced in rank for
any cause other than for incapacity, misconduct or disobedience as
provided in the New Jersey statutes and the Police Department's rules
and regulations.
C.
Qualifications. No individual shall be appointed as
a police officer, regardless of rank, unless he or she:
(1)
Is a citizen of the United States, either by birth
or naturalization, and a resident of the State of New Jersey, except
as provided in N.J.S.A. 40A:14-123.1., and is a resident of the Township
of Brick as of the date of appointment in addition to residency as
of the closing date of the examination;
(2)
Is sound of body and of good health sufficient to
satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey as to his or her 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 at least 21 years of age and otherwise meets the
age requirements set forth in N.J.S.A. 40A:14-127 and 40A:14-127.1;
and
(6)
Meets such other requirements as are established in
the Police Department rules and regulations.
The following positions are hereby established
within the Brick Township Police Department. The positions being established
are civilian in character and the persons being appointed to these
positions do not have any authority to perform any of the duties of
a police officer.
A.
School crossing guard. There is hereby created the
position of school crossing guard. The school crossing guard shall
be appointed for a term not exceeding one year by the Business Administrator.
Prior to appointment to the position of school crossing guard, an
individual must meet the requirements of N.J.S.A. 40A:9-154.1. The
school crossing guards shall be under the supervision and direction
of the Chief of Police. School crossing guards shall receive training
in accordance with the requirements of N.J.S.A. 40A:9-154.2. A school
crossing guard shall be responsible for the control and direction
of vehicular and pedestrian traffic during those time periods of a
school day when it is necessary to control traffic or during any special
event or program involving pedestrian crossing whenever it is deemed
to be in the best interest of public safety. Before any school crossing
guard is appointed, the Chief of Police shall ascertain the eligibility
of the applicant and make a report to the Business Administrator.
A.
The Detective Bureau of the Township of Brick Police
Department shall be under the direct control of the Chief of Police
of the Township of Brick, and the members of said Detective Bureau
shall perform the general duties customarily performed by members
of a Detective Bureau.
B.
The members of the Brick Township Bureau of Detectives
of the Brick Township Police Department shall wear plain clothes during
the performance of their duties as Detectives.
A.
Rules and regulations for the efficient operation
of the Police Department, the government of the police force and for
the discipline of its members shall be promulgated by the Chief of
Police and approved by the Business Administrator. A copy of any such
police regulations shall be provided to all members of the Police
Department. The rules and regulations may be amended at any time by
the Chief of Police with approval by the Business Administrator. Copies
of such amendments or additions shall be supplied to all members of
the Police Department.
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.
Nothing contained within this chapter shall:
A.
Prevent the appointment by the Township Council of
committees or commissions to conduct investigations of the operation
of the police force and to delegate to such committees or commissions
such powers of inquiry as the Township Council deems necessary.
B.
Prevent the Township Council from conducting a hearing
or investigation authorized by law.
C.
Prevent the Mayor, Township Council or Business Administrator
from examining, at any time, the operations of the police force or
the performance of any officer or member thereof.
D.
Infringe upon or limit the power of the Mayor, Township
Council, Business Administrator or Police Commissioner to act to provide
for the health, safety or welfare of the municipality in an emergency
situation through special emergency directives.
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. Any off-duty employment must
be approved by the Chief of Police on the basis that the employment
proposed shall not affect efficiency as a police officer nor reflect
adversely upon his or her character or that of the Department.
Any suspension of a member of the Police Department
shall be in accord with the rules and regulations of the New Jersey
Department of Personnel and any applicable collective bargaining agreement.
