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Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[Amended 12-9-2014 by Ord. No. O-14-041]
The paid Police Department as heretofore established is hereby continued. The Department shall be composed of one Chief, and not more than two Deputy Chiefs, five Captains, 11 Lieutenants, 14 Sergeants, 120 patrol officers, and such probationary patrol officers and other personnel as the Manager from time to time may determine are essential to be appointed under this chapter in order to meet the police needs of the Township.
The Manager shall have full administrative control of the Police Department and of its members. He or she is directed and authorized:
A. 
To promulgate from time to time, as provided in Article I of this chapter, such administrative rules and regulations as may be necessary for the efficient management and operation of the Department.
B. 
To enforce the provisions of this chapter and of the rules and regulations governing the Department.
C. 
To authorize the examination of applicants for positions in the Department in accordance with this chapter and the rules and regulations, and, with the assistance of the Chief, to select from such applicants the persons best qualified for the positions to be filled.
D. 
To appoint persons to the Department.
E. 
To receive from the Chief charges preferred against any member of the Department.
F. 
To try all members against whom charges have been preferred and to impose such punishment as may be commensurate with the offense charged and proved.
G. 
To make all promotions after an examination has been given in accordance with this chapter and the rules and regulations.
H. 
To receive from the Chief his or her annual report and recommendations and to submit the same to the Township Council with recommendations.
[Amended 5-23-2000 by Ord. No. 00-19; 5-23-2017 by Ord. No. O-17-018; 11-18-2019 by Ord. No. O-19-036]
The Chief shall be the executive head of the Department. He or she shall exercise sole and complete control over the Department, its members and employees and over its property, subject only to the authority of the Manager. The Chief shall be directly responsible to the Manager for the conduct, efficiency and management of the Department. The Chief shall be charged with the preservation of the public peace and the protection of life and property in the Township. He or she shall be charged with the responsibility of causing the laws of the state and the ordinances of the Township to be strictly and impartially enforced. The Township Manager shall appoint a Chief of Police who shall have all of the powers set forth in N.J.S.A. 40A:14-118. In addition to any other powers conferred on the Chief by the laws of the State of New Jersey, the Chief shall, pursuant to policies established by the appropriate authority:
A. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
B. 
Have, exercise, and discharge the functions, powers and duties of the force;
C. 
Prescribe the duties and assignments of all subordinates and other personnel;
D. 
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; and
E. 
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.
In the absence of the Chief from duty, the Manager may designate a qualified member of the Department to act in his or her place. Such person shall be named as Acting Chief of Police.
Upon authorization by the Manager, the Chief may create within the Department organizational units such as sections, departments, bureaus or schools, as may be deemed necessary or desirable to increase the efficiency and management of the Department. Such units shall perform duties and functions as directed by the Chief and in accordance with this chapter and the rules and regulations of the Department. Said units shall be under the immediate supervision of such members of the Department as the Chief shall nominate. Such supervisory personnel shall be directly responsible to the Chief for the functioning and efficiency of the respective units.