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HomeMy Public PortalAbout98:29No. 98-29 Jif t[~e Councihnan Presents the following Ordinance Seconded by Councilman CREATION AND ESTABLISHMENT OF A POLICE DIRECTOR WITHIN THE BOROUGH OF CARTERET Providing for the government, regulation and control' of such police power; and repealing any ordinance or part of an ordinance inconsistent herewith to include, but not necessarily limited to, Ordinance # 75-22, Ordinance #78-8, Ordinance #83-17, Ordinance #83-65, Ordinance #89-41, Ordinance #97-29, and relevant ordinances in Chapter 42 and all of Chapter A345 of the Borough Code. BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, Middlesex County, New Jersey: ARTICLE 1 ESTABLISHMENT: MISSION AND PURPOSE 1. A Police Department in the Borough of Carteret, County of Middlesex and State of New Jersey, has been established pursuant to the provisions of N.J.S.A. 40A: 14-118, et seq. and the Borough Police Ordinance (#97-29). This ordinance is intended to be companion legislation to the Police Ordinance and to provide for the derivative powers of a Police Director. 2. The mission and purpose of said police department is generally three fold; to preserve life and property; to provide a general polide service for the residents of the Borough of Carteret, Middlesex County, State of New Jersey; to enforce federal, state, county and municipal laws, statutes and ordinances; and as may be more expressly defined in the Police Ordinance previously enacted. ARTICLE I1 DIRECTOR OF POLICE 1. Director of Police: We hereby create full time salaried position of Director of Police in and for the Borough of Carteret, County of Middlesex, and State of New Jersey. As the Executive Head of the police department, the Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint such pohce personnel and other special law enforcement officers as he/she or they may deem necessary (See Ordinance #97-29, Article II) and perform all the duties expected of a Municipal Department Head, and as may be further expressed herein, and/or as assigned by the Appropriate Authority. The term of office of said Director of Police wilI be for not less than three (3) years nor more than five (5) years as may be provided for in a contract negotiated between the Police Committee, on behalf of the Borough, and the Director of Police. The salary and benefits will be as provided in said contract and/or the Borough's salary ordinance. Renewal of any such contract is permitted subject to the negotiation process. Such negotiations will be between the Police Committee in office at the time the previous contract is set to expire and the Director of Police. The Police Director is NOT a tenured position and he, therefore, can be removed from office at any time by the Police Committee, subject to ratification by the Borough Council, the language of the applicable contract and the statutory and common law of this State. 98-29 PAGE 2 NO. 2. Civilian Employees: The Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint such ciyilian members of the police department to serve in the services division as he/she or they may deem necessary. Said members are to provide dispatching services, clerical duties and logistics in support of the police departmenL 3. WORK FORCE: The Director of Police shall, with the approval and consent of the Police Committee and Borough Council, appoint, promote, assign or reduce in force for reasons of economy all police personnel employed by the Borough of Carteret 4. Graphic Table of Organization: A. A graphic table of organization (T.O.) shall be maintained by the Director of Police to show the following: (1) The Carteret Borough Police Department divisional structure. (2) The Carteret Borough Police Department personnel structure. B. The express function of each position will be as Aefined within the Rules and Regulations of the Carteret Borough Police Department promulgated by the Appropriate Authority, but is not necessarily limited to the same. 5. Monthly Reports to the Appropriate Authority: The Director of Police shall submit monthly reports to the Appropriate Authority in such form as shall be prescribed by said Authority on the operation of the force during the preceding month and make such other reports as may be requested by said Appropriate Authority. 6. Policies Established by the Director of Police to Govern Day to Day Operations: Pursuant to N.J. S A. 40A: 14-118, the Director of Police, if such office is filled, and in the absence of a duly appointed Chief of Police, shall be directly responsible to the Appropriate Authority for the efficiency and routine day to day operations thereof and that he shall ..."pursuant to policies established by the Appropriate Authority" perform his assigned duties. Therefor6, the Director of Police shall issue whatever operations orders, general orders or standard operating policies that he/she deems appropriate and necessary for the operation of the department. 7. Emergency Directives: Nothing herein contained shall infringe upon or limit the power or duty of the Director of Police to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives. (N.J. SA 40A:14-118; 40A:14-146.9) 98-29 PAGE NO. 8. Police Power Vested in the Office of Director of'Police: In the event the position of Director of Police is filled by an individual who has been trained in a recognized police academy and/or who is duly certified by the New Jersey Police Training Commission, he is hereby vested with full police powers by operation of this ordinance and pursuant to the enabling legislation granting such power to govern their police force to each municipality by the State of New Jersey. As with all police power, this grant of authority is conditioned upon satisfying all retraining and recertifications required by law (e.g., firearms qualifications, etc.) and is limited where and to such extent as may be required by law (e.g. may not grant firearms applications). This power will include, but is not necessarily limited to, the power of arrest and the power to bear arms. Additionally, the Director of Police for the Borough of Carteret, pursuant to policies promulgated by the Appropriate Authority, shall: a. Administer and enforce the Rules and ,Regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers; b. Have, exercise and discharge the functions, powers and duties of the Police Department. c. Prescribe the duties and assignments of all members and officers. d. Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the direction and control of the Director of Police; and e. Report at least monthly to the Appropriate Authority, in such form as shall be prescribed, on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Appropriate Authority (N. J.S.A. 40A: 14-118). If the individual appointed to the position of Police Director, though trained, is unable to obtain either a waiver and/or certification from the New Jersey Police Training Commission then he/she will NOT be empowered by this ordinance to bear arms and his power of arrest is limited to that vested in any other citizen in our society. Notwithstanding such limitations, he will continue to serve as the Director of Police for the Borough of Carteret. 98-29 4 NO. F'AGE ARTICLE II1 ADOPTION I. Repealer: All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of' such inconsistency. 2. Severability: If for any reason any section or any provision of' this Ordinance shall he questioned in any court and shall be held unconstitutional or invalid, the same shall not be held to effect any other sections or provisions of this Ordinance. 3. When Effective: This Ordinance shall take effect immediately after publication and as provided by law. oo NO ~ usa sp^c~ nm.o;v 'r~ ns t.m~z RECORD OF COUNCIl, VOTE FaZEKAS O' BRIEN _ ~ X - Indicate Vole AB - Absenl NV - Not Voling XOR - Jtldicales Vole Io Overrule Vclo S j Adopted on firsl ~eadingoflheCounciloJ'lhe Jtmough of Cnilci'el, N.J., on___ JuB~ 18~ 1998 Adoptedousecondtcadingaflerhcaling°n f~g 16, 1998