[Adopted 6-17-1968 by Ord. No. 68-3 as Ch. 12, Art. I of the 1968 Code]
A Police Department be and the same is hereby
established in and for the Borough of Berlin, in the County of Camden
and State of New Jersey.
[Amended 10-15-1979 by Ord. No. 79-20; 2-7-1994 by Ord. No. 94-1; 4-17-2012 by Ord. No. 2012-06A]
A.
The Police Department shall consist of the following positions:
(1)
Chief of Police.
(2)
One Acting Chief of Police, if necessary, in the absence of a Chief
of Police, for a term not to exceed two years.
(3)
Not to exceed two Lieutenants.
[Amended 5-16-2019 by Ord. No. 2019-05]
(4)
One Acting Lieutenant, if necessary, in the absence of a Lieutenant,
for a period not to exceed two years.
(5)
Not to exceed five Sergeants.
(6)
Not to exceed 14 patrolmen.
B.
General responsibilities of all Department members and employees.
In addition to the specific responsibilities specified by rank, each
member of the Police Department shall:
(1)
Uphold the Constitution and the laws of the United States, the Constitution
and laws of the State of New Jersey, the ordinances of the Borough
of Berlin, and the lawful orders of the Director of Public Safety.
(2)
Carry out the orders of the Chief of Police and of other superior
officers, whether such orders are verbal or written.
(3)
Maintain order and preserve the peace, prevent crime, protect life
and property and detect and arrest criminals.
(4)
Provide emergency services for sick and injured persons.
(5)
Recover missing property.
(6)
Regulate and control traffic.
(7)
Such other responsibilities and obligations as shall be periodically
designated by the Chief of Police.
[Amended 10-15-1979 by Ord. No. 79-20]
Said Chief of Police, Police Lieutenant and
Police Sergeants and policemen shall be appointed by the Mayor subject
to the consent and approval of such appointments by the Borough Council.
[Amended 11-19-2007 by Ord. No. 2007-22]
The Mayor and Council are hereby designated
as the appropriate authority pursuant to N.J.S.A. 40A:14-118. The
Police Department of the Borough shall be under the control of the
Mayor and Council. The Chief of Police shall report to the Mayor and
Council. The Director of Public Safety shall act as the liaison between
the Chief of Police and the Mayor and Council. The Chief of Police
shall prepare a monthly report which shall be submitted to the Mayor
and Council through the Director of Public Safety.
The members of said Police Department, including
the Chief of Police and the Sergeant of Police, shall receive a salary
of not less than $100 per year for their respective services. The
Borough Council of the Borough of Berlin, however, may, by resolution
or by appropriation in the annual budgets in and for said Borough,
establish annual salaries or provide that said members may be paid
on an hourly basis for services rendered, in the discretion of said
Borough Council.[2]
[Added 4-18-1977 by Ord. No. 77-6; amended 8-28-2002 by Ord. No. 2002:10[1]; 9-9-2021 by Ord. No. 2021-13]
Pursuant to the provisions of N.J.S.A. 40A:14-188, Mayor and
Council have enacted and adopted Ordinance 2002:10 setting forth the
Berlin Borough Police Department Rules and Regulations (added 4-18-1977
by Ord. No. 77-6; amended 8-28-2002 by Ord. No. 2002:10[2]). Each member of the Berlin Borough Police Department
shall comply with the provisions of the Berlin Borough Police Department
Rules and Regulations as established by Ordinance 2002:10 as may be
amended by Mayor and Council.
[Added 11-19-2007 by Ord. No. 2007-22]
A.
The Chief of Police shall be the head of the Police
Department and shall be responsible to the Mayor and Council as the
appropriate authority for the efficiency and routine day-to-day operations
of the Department. The Chief of Police shall be responsible to:
(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 of his authority as he may deem necessary
for the efficient operation of the force to be exercised under his
direction and supervision; and
(5)
Report monthly to the appropriate authority in such
form as shall be prescribed by the Mayor and Council on the operation
of the force during the preceding month, and make such other reports
as may be requested by the appropriate authority.
B.
The control of the Police Department shall be vested
in the Police Chief and the discipline of the members of the Department
shall be governed by the rules and regulations of the Borough of Berlin
Police Department. The Chief of Police shall enforce all rules and
regulations of the Borough of Berlin Police Department and any general
and special orders or instructions which he may, from time to time
promulgate, provided that such general or special orders or instructions
do not conflict with the rules and regulations adopted by the Mayor
and Council.
C.
The Chief of Police shall recommend to the Mayor and
Council, from time to time, the purchase of new equipment or the repair
or rearrangement of such old equipment as will increase the efficiency
of the Department. He shall have full charge and control of all the
apparatus and equipment of the Department and its assignment and use
and shall be held responsible for its care, cleanliness and safekeeping.
[Added 11-19-2007 by Ord. No. 2007-22]
Any officer or member of the Police Department
shall be subject to reprimand, suspension from duty, reduction in
rank, or dismissal, according to the nature or aggravation of his
or her offense, for any violation of state statutes, ordinances, regulations,
orders, resolutions, or rules.
[Added 4-18-1977 by Ord. No. 77-6; amended 11-19-2007 by Ord. No. 2007-22]
All charges brought against members of the Police
Department that may result in a suspension, removal, fine or reduction
in rank shall be reviewed initially at an investigative conference
conducted by the Chief of Police.
A.
If as a result of the investigative conference the
Chief of Police determines that disciplinary action is appropriate,
other than a written reprimand, the Chief shall serve the individual
with written notice of the charges against him/her and the disciplinary
action that may be imposed. The notice shall also designate a hearing
on the charges before the governing body, or a hearing officer designated
by the governing body, which hearing shall be not less than 10 nor
more than 30 days from the date of service of the complaint. The individual
charged may be represented by counsel at the hearing.
B.
The hearing shall be conducted by the governing body,
or a hearing officer designated by the governing body, in accordance
with due process of law, to examine whether or not there has been
a violation of any state statutes, ordinances, rules, regulations,
orders, or resolutions of the governing body or Police Department.
The governing body, or a hearing officer designated by the governing
body, may impose penalties as it deems appropriate as may be warranted
by the character of the offense.
C.
The governing body, or a hearing officer designated
by the governing body, shall make a final disposition of the charges
against the individual and shall furnish the individual with a written
notice setting forth its finding and the discipline imposed against
the individual within 10 days of the date of the hearing.
D.
An individual who has been found guilty of any charge
or charges pursuant to this section may appeal said finding to the
Superior Court. A notice of appeal shall be filed with the Clerk of
the governing body within 10 days after the individual has received
written notice of the conviction.
