Township of Cedar Grove, NJ Chapter 55 Police Department

[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 3-18-1946, Ch. 17, Art. 1, of the former Revised Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Administration of government — See Ch. 3.

Fire Department — See Ch. 23.

Personnel — See Ch. 52.

Salaries and compensation — See Ch. 61.

STATUTORY AUTHORITY

Creation and establishment of police department — See N.J.S.A. 40A:14-118 et seq.

§ 55-1 Department continued; composition; status of members; eligibility requirements.

[Amended 4-19-1954; 7-29-1955]

A. The Police Department of the Township heretofore established is hereby continued and shall consist of the following personnel:

(1) In order of rank, one Chief of Police, two Captains, five Lieutenants, four Sergeants, and 20 police patrol officers. Such appointees, following a satisfactory probationary period as set forth in § 52-23 of the Code of the Township of Cedar Grove, shall then become regular and permanent members of the Police Department as provided in N.J.S.A. 40:47-5.[1]

[Amended 6-4-2007 by Ord. No. 07-674; 9-20-2010 by Ord. No. 10-712; 3-21-2011 by Ord. No. 11-722; 10-3-2011 by Ord. No. 11-732; 4-10-2014 by Ord. No. 14-769; 3-21-2016 by Ord. No. 16-791; 6-21-2021 by Ord. No. 21-875; 5-2-2022 by Ord. No. 22-890; 8-7-2023 by Ord. No. 23-916]

[1] Editor's Note: N.J.S.A. 40:47-5 was repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-17 and 40A:14-128.

(2) Special policemen as may now or hereafter be appointed by the Township Manager for a one-year term under the provisions of N.J.S.A. 40:47-19, as amended.[2]

[2] Editor's Note: N.J.S.A. 40:47-19 was repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-146.8 et seq.

(3) Temporary police officers or men needed in a case of an emergency, or when their services are not needed throughout the entire year, appointed by the Township Manager as authorized under the provisions of N.J.S.A. 40:47-3, as amended.[3]

[3] Editor's Note: N.J.S.A. 40:47-3 was repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-9 and 40A:14-122.

(4) Temporary policemen appointed by the Township Manager where regular or permanent members of the police force have entered the military or naval force of the United States or of this state, as authorized under the provisions of N.J.S.A. 40:47-4.3 et seq.[4]

[4] Editor's Note: N.J.S.A. 40:47-4.3 was repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-15 and 40A:14-144.

(5) The civilian employees as authorized by the Council and appointed by the Township Manager.

B. Persons employed in the Police Department pursuant to Subsections A(2), (3) and (4) of this section shall not have the status of regular and permanent members of the Police Department and shall not be entitled to receive the benefits of tenure of office accorded to regular and permanent members of the Police Department under N.J.S.A. 40:47-5 and 40:47-6, as amended.[5]

[5] Editor's Note: N.J.S.A. 40:47-5 and 40:47-6 were repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-17 and 40A:14-128 and N.J.S.A. 40A:14-19 and 40A:14-147, respectively.

C. No person shall be employed in or appointed to the Police Department, whether as a regular and permanent member or otherwise, nor shall any regular and permanent member of the Police Department be appointed to a superior position therein unless he qualifies for such employment, appointment or promotion in accordance with the applicable provisions and requirements of the statutes of New Jersey, Chapter 52, Personnel, of the Code of the Township of Cedar Grove and the classification plan adopted by resolution of the Council pursuant to § 52-5 of the Code of the Township of Cedar Grove.

§ 55-2 Administration of Department.

[Added 7-29-1955; amended 1-24-2000 by Ord. No. 99-523]

A. The Police Department shall preserve the public peace; protect life and property; detect and arrest offenders of the laws of New Jersey and the ordinances of the Township of Cedar Grove; 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 members and officers (N.J.S.A. 40A:14-152).

B. The Township Manager is designated as the appropriate authority as provided in the New Jersey Statutes. The appropriate authority is responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members (N.J.S.A. 40A:14-118). To the extent that § 52-51 (governing the promulgation of rules by department heads) conflicts with this section, this section shall control regarding the Police Department.

C. The Chief of Police is the head of the Police Department and is appointed by the appropriate authority. The Chief of Police is directly responsible to the appropriate authority for the Department’s efficiency and day-to-day operations. Pursuant to the direction and policies established by the appropriate authority, the Chief of Police shall:

[Amended 9-20-2010 by Ord. No. 10-712; 3-21-2011 by Ord. No. 11-722]

(1) Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department, its members, and officers;

(2) Have, exercise, and discharge the functions, powers, and duties of the Police Department;

(3) Have charge and control of the administration of the Police Department and of its property, apparatus, and equipment;

(4) Prescribe the duties and assignments of all members and officers;

(5) Delegate such authority as deemed necessary for the efficient operation of the Police Department to be exercised under the Chief’s direction and control; and

(6) Report at least monthly to the appropriate authority in such form as shall be prescribed by this authority on the operation of the Police Department during the preceding month and make other reports as requested by the appropriate authority (N.J.S.A. 40A:14-118).

D. No member or officer 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 (N.J.S.A. 40A:14-147).

E. No person shall be appointed to the Police Department who is not qualified as provided in New Jersey Statutes. The Appropriate Authority may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-l47).

§ 55-3 Powers and duties of members.

[Amended 9-20-2010 by Ord. No. 10-712; 3-21-2011 by Ord. No. 11-722]

The Chief of Police and the officers and members of the Police Department shall severally exercise the powers and perform and discharge the duties and responsibilities pertaining to their respective offices and positions as shall be prescribed by the statutes of this state, the ordinances of the Township, the classification plan referred to in § 55-1C hereof and by the duly promulgated rules and regulations of the Police Department.