HomeMy Public PortalAbout97:29Olll)[NANCE
"CREATION AND ESTABLISHMENT OF A
POI~ICE DEI'AP. TMENT WITIIIN TIlE llOl,lOCg}l OF CADITEI, IET";
P~ovidi~g for the gox'elnt~ent, rcgtIlalio~ and CO/ltlol 0~' sklch police pox¥cr,
~ecessaril) lin~ited to, ordina~*co ~o. 75-22, ordi~ance ~o. 78-8, ordinance no. 83-17,
ordinance ~o. 83-65, ordi~ancc no. 89-41, ~clexant ordiiiances in Chapter,l of thc Borough
Code, relevant ordinances it~ (.'hapler 42 ol'thc }3o~ough Code, and all of (Nmpter A345 of
lhc Borough t~ode entitled Police I)epatt~nent ltules and l~cgulalions.
I3e il ordained by F~oIough Coln~cil ol'tl~e I~otottgh of(7}~rtcrel, Middlesex
Ne,.,,' Jersey:
ARTIC! ,E I
ESTAIILISII VIIr~NT, MISSION AND PIJRPOSE
'l here is hereby eslnblighed a Police [)elmtqmenl in 0~c Borough oFCarteret, County
of Mid(llesex mid State of New Jcl'se)', ])ur~uant lo lhe provisions of~J,$.A. 40A:
II 8, ct seq. This o~clinance is intended to ratity the existence and opetalion of
police department which has historically opernled within and se~'ed the Borough
Cnrtcret and aI tlic sa~ne litlle satisfy the statutory requirements of the lcgislalion
a~e~dcd in 1981 and 1988 respectively.
lhe mission a~ld puq)osc oflhis police dcparrulcnl are gene~a]l)' threel~qd; to preserve
life and property; to piovldc a general police service fi~rtl~e residents of the Borough
of Caileret, Middlesex (?oun~y, Sta~e of New Jersey; to ent~rce l~dcral, stale,
and mu~icil>al laxvs, stalutcs and ordinances; and as hercinaltcr may be more
expressly
At¥1'ICI ,E 11
(?OMPOSI'i'ION; I~INE OF AU'I'IIORITY; ,}URIS1)ICTION
Said police deimrtment will consist of one (1) Af~propriale Amhorily, one (I) l>olice
Director, one (1) Chief of Police, amt such Deputy Police Chiefs, Captains,
IAemcnants, Sergeants, l)e~ectives, Patrolman, Special I~ntrolman, and civilian
employees as deemed necessary and appropriate by I}~e Approt)~i~te Authorily in lhcir
discretion nml judgmenl, with the apt)~oval of the Governing Body. The Appropriate
Aulholity and/or the (}ovet'ning Bofty flirty, 17o111 time to time, leave one or more
the above positions vacant as d~ey see fit. ]he express pur[~ose for ilatning these
o~ces is to eslablish a statutory line of authority fi'om all police employees to higher
elected amhotity. Whenever any such office, including the office of Chief of Police.
is intentionally left vacam, it will be deemed not 1o exist and will be bypassed i~ ll~e
chain of command. (ILg., if the Governing I3ody chose to no i(~nger have Sergennls
of Police, thet~ all civilian employees, Patrolman and Delcctlves would answe~
directly lo a Lieutenant in lieu lhereof.) 'l'he Appropriate Authority, with tho approval
of the Governing Body, may thereafter recreate or resurrect an office dm/has been sv
abolished by naming a pe~son lo fill said ollice. No person may be appointed to
Car/trot bor~mgh Police Department tmtil they have salisfied all s/att~tory
requirements and have complied wifl~ the selection process and standards established
by the n~les and ~egulations adopted by the Appropriate Authority Io govern the
[~olico dcpat~menl.
A.. Tlm_Atqmop ri ole_Au t ho r
Said police delmmnent shall come trader d~e jurisdiction oFthe Appropriate Authm'ib',
which position is hereby crealed pmsuant lo ~,J.S~ 40A:14-118. Said Appropriate
Authorily shall bo the Police Committee or any person desigtmted by l}~e Police
Committee sub~iect 1o lhe al)p~>val of ll~e Borough Council pursuant 1o ~J.S~
40A:60-6. The Appropriate Anflmrit> shall be responsible directly to lhc Governing
Body. The Chief of Police shall be directly reslm~sible to the Appropriale Authority
for Iht day to day operation r>f thc police departnmnt pursuant to policies established
by said Appiopriate Authorily. The At)t)mpriale Authority is hereby vested wid~ the
duly of and shall be responsible fl0r thc promulgation, adoption, updating, and/or
~afitScalim* of rules and ~egulafions For police pe~som~el which shall be knmvn t}s the
niles and regulations ft,r ll~e Ptflice l)epamnent oldie Borough of Caterer. (~,,1~
~0_A: 14:J_~) In fl~e ~bscnce of fi~e al~pointmenl vf a lhll time professional Direelor
of Public Sa[cry and/ora Police Director, the Chairman oflhe Police Committee shall
PAlil! 3
tlr) 97-29
have die lide of Police Director. The ( hairman of ll~e Police Committee, or his
designee, shall be Ihs signatory for the Appropriate Authority in all such mallets
sutliect to the apl)z~val of said Police Committee.
B, liras'lng Alllh.0rlty.;
(l) In the event ol'm~5 discilqinau; proceedings againsl a~y mcmbei ofd~e
police depmlmenl of lt~e Borough of Cmqcrel below Ibc rank ofChicf
of Police, lhe Police ])itector or his designee shall be the sole hearing
mLtho~ib n,)d pc]son(s) in charge of all such proceedings, Thc decision
of thc heating oflice~(s) slmI} be final and b'nding, 'Ihe right of appeal
shall be Io the New Jersey Superior Cotltl or the NJ 1)eparlment of
Persollnel ns applicable m~d pt~rstmllt to law.
In ll~e evem oflmy disciplinnt'y proceedings ngainst the Chief of Police
of iht Borough ofCmtc~el, lhc Appropriale Authority or lheir designee
shnll be designated as tl~e hearing aulhority and in charge of all such
proceedings, l'he decision of said hearing authority shall be tinnl and
blmting, l'hc righl of appeal shall be tolhe New Jersey Superior ('oral
o~ the NJ I)etmttment of Persom~el as applicable and pursuant lo law.
(3)
In lhe event a designated hearing authority is utilized, pursunn! 1o
paragraph It(I) above, and the designated hea~ing authority is lo be an
otficc~ widfin d;e Carteret Borough Police Depatlment (e.g. Chief of
Police), oaly a person of'grealer rank thnn the person charged may be
so dcsigmded For that pt~rpose. If a designnted hearing authority is
utilized purstmt~t to seclion B(2) above, lbr hearings involving chmgcs
against lhc Chief of Police, i~ must be tl~e Police Director or Specinl
Counsel. Whcnexer Special Counsel is designated to be tt~e bern'lng
nulho~ity pmsunnlto either section, B(1) or B(2) above, prior approwfl
must be obtained by resolution of the Governing Body,
_C~C h~r gillg_A ~ttlm~ly;
In the ex, cid a Cm'tc~el Borough Police Department officer is to be
charged in a disciplinaU' action and said employ¢o is subordinate to
~ank of the Chief of Police, only thc Chief' of Policc or his designee
may initiate such charges (N.J,S,A. 40A:14-118), In the event lhe
office of the Chie£ of Police has been abolished tluough intentional
vacancy, pu~s/mnt lo A~q. icle I1, Subseclion 1,, fl~cn the Police Director
97-29
(2)
or his designee shall function as thc Chmging Authotily. Faih,re
initiale charges when same ate indicated may constilutc a neglect
derelic ion of duty (g~l~g~X, 194 N.J. Super. 468,477 A.2d
3ill (Apl). Div. 1984), but the function of thc Charging Authority may
m~t be circumvemed.
In the evcm dm Chief of Police for the Borough of Cmtcrel is to bc
charged in a disciplinary action agalnsl the Chief~ the Police Director
or Special Counscl named by the Police Dire(lot to act on his behalf
shall bc ibc (ihmging Amhority. The Police Dircctor is hereby
empowcrcd to nam( n designated Special Council lo fu[~clim~ as an
ahernalivc Charging Authority without prior council approval in an
emergency. 1his is necessitated by (}~c stalu{oW time lines involved in
ihe chmglng process. Notwid~standlug tl~is aufl~ori~y, a/ lhe earliest
oppoduuily the Police l)irccmr shall inform Corm(il of the action lhal
he ]ms taken and obtain ils approval.
Any person(s), whether police t~tlicer, Special Courts(l, Police I )irecmr
or ll~c Appropriate Authority, n~ho sma, es in an investigative cnpacity
and/or as tt~e Charging Authority relevant Io a Carterel Borough Police
Department disciplinary action; he or they may 1~ therea~er be
designaled as o~ serve as ll~c ttcaring Authority in lhat same
disciplinaW action.
An,/subordinate employee se(king lo appeal disciplinary charges shall do so
in (vriting st~bmitted roche office of the Chief of Police, Said al)peal shall be
filed within five (5) days, ~ including Salurdays, Sundays and holidays, of
em dale said chmgeswc~e served upon said employee. When charges are tiled
against the Chief of Policc, he shall, within five (5) clays, not including
Saturdays, Sundays and holidays, file said apl)cai with thc Police Dircctor. In
either evcnt, tl~e Appropriale Authority shall schcdule a heroins in accordance
wid~ the plovisions of this Ordinance and State statute. A Preliminary Notice
of Disciplinary Action served on nny employee shall conlaiu the (late, time and
location for a pmq)ective hearing as required by slatute. That hearing date
may bo poslp(med at the discretion of the ltearing Authority widdn the
sm(moW time line~. Any postponement beyond the statutory thirty day lime
line would generally requi~e a waiYer of thc thirty day rule by the employee
and a lbrmal ~eques~ fbr said poslpol~ement. However, all enq)loyees mc pul
pAiH: ~
r~ 97-29
on notice that a [hihu'e to sul)mit Iht rcquh'ed writlen rcquesl tbr an appeal
would c(mstilulc an act t~f insubordinalion ami may effect l]~e employee's
rights pemfining to said statutory rune lines, the chscover) proceedings, as well
as o~her legal rights nmi ~emcdies appudemmt therelo,
'lhe Police Direclor shall, with the approval m~d consent of It~e Governing Body,
appoh~t special law enl'o~cement ~ffficcrs as he or lhey may deem nccessmy. They
shall be n pan oflhe police deparlmenl e~tablished herein and subject to nil thc laws,
rules m~d ~e~ulafi(ms goveminglhe same. Pursuantto~'10A:14'146.8 el seq.,
the tem~ of~fid appointmenl shall be
no event shall exceed one (l) yenr. The pe~som~el referred to in lifts seclion shall be
compensated al such homly ~alc as designaled in
Said personnel shall serve lot lhe apl~oiuted lem~ only and al lhc compensation, if any,
established by Ordinance ()r as modified or changed by the Governing Body.
The Appropriate Authorily shall, with 1he approval and consent of thc Governing
Body, apt)oint such civilian members of lhc police deparlment m se~'e in lhe
dixi~ion as hc or they may deem necessary. Said members arc to serve as School
Crossing Guaids ami/or to provide dispatching sclwlces, clerical duties and logistical
duties in support oflhe police department. Such civilian employees will serve in
.job classifications c~cated fi)r lhnl purt)ose, but not necessarily limited to same. The
Police Administration will immediately prepare a Oeneral Order listing the job titles
and job descriptions fbr all civilian employees currenlly set,,ins in the
Borough Police l)epartmenl and as lisle(t in Borough Ordinance ~4-21 (Saved
repeal by Am IV, Sec. I herein).
L;~sal~hN./~ble of Organizaliom
A. A g~aphic table of o~galfization (T.O.), shall be maintained by the Police
Actministtalion l.) show lhc Following:
(1) The Carte~el Borough Police Department chvtsio al su ~cl c.
(2) Thc Carte'el Botough Po}ice l)epartmenl personnel structure.
The express l\mction of each position will be as defined within the Rules and
q
Rcgulatton of thc (?ariel'ct Bolough Police l)epartmen/promulgalcd by ibc
App oI)~ ate A1 tho 'it>', bul is not necessarily limited to the same.
97-29
The Chief of Police shall submit monthly rcpo~s to Ibc Appropriate Amho~ih, in such
form as shall be proscribed by said Authority on the operntion office tk)rce during the
preceding momh and make such ol}ler reports as may be requested by said
Appropriate Autho~it),
l;O,N.ieLEslabltsht¢, b3:J,h¢ ..App. zi~>riake AulhgLily~.9_(;o_Ler~L.Day_Ao I/ob'
?ursum]t to N~I,L~q,A, 40A;14-118, the Chief of Police, if s~ch otfice is filled, slmll be
direcdy responsible Io d~e AI)ptopriale Aud~orily for linc e/liciency and ~omine day
t(, day operations thereof and Ihnt he shall "...pursuant to policies established by tl~e
Appropriate Authe~ity" perl¥~m his assigned duties. 'lherefore, the Al~propria~e
Authority shall isst~e whalcver operations orders, general ordcis, or standard operating
policies lhat the)' deem al)prop~iale and necessary For Gc operation of thei~
department. ()Ge~ lhan fl)~ emergency direcllveg, any such operational policies
promulgated b)' the Chief of I>olice shall require ratification 10y the Appropriate
Authority. All such policies will be submitted lo the Approl*riale Aufl~orily and will
lake elt~ct lea (10) days Inlet absent a response flora lhe AFl>ropriate Aulhorily to the
conttal¥. 'I't~is will hcreafle~ be ~cferred to as the ten day review ~xdo.
Nothing he~ein contained shah inli'Mge upon or limit the power or duty of dm
ApplOpZialc Authority to act to I>;ovide f~r lhc he~dlh, safety or wcll~re of lhe
mmfici?allty in an emergency situalion du'ough special emergency directives,
ll0urs of ~E~lll)10ymenl;
The sttmdard previt)usly established by ordinance is expressly carried lb~lh and
continued herein. ~l'hc Il(mrs ofelllployment of sworn and/or unitbrmed members
tt~e Police L)cparm]enl shall not exceed eight (8) consecutive hours in any one (l) day
or forty (40) hours in any one week, provided that. in case of an emerge~:cy,
officer, board, o~ olhcr official having charge or conuol of the Police Deparm~e~t or
police system shall have fidl amhorily to smnnlon m~d kee1) on duty any and all such
members during file period of emergency. The fo~ly hours per week rcquireme[~l
may, with npproYnl oflhe Appropriate Amhorily, be satisfied over an extended work
period as l)zovidcd by ~TK of the Fair l,abor Standards Act.
(See former Ord. ~42- I 0 } Iotlls of employment)
: 7
97-29
10.
APlmi~ll meaL'
All members of'0~e Police Department shall bc appointed by the Appropriate
Autholity, withthe advice and consent office Govc~niug Body, m~d areto hold
their offices as pwvidcd by law.
No person shall be aplminted a~ a n/clnbcr of the Police Delmrtment in the
Borough ofCarteret whc~ has thiled, prior thereto, to have duly executed and
signed a written application Iht sud~ employment, up(m a form supplied by the
Borough Clerk, requiring relevant data to be submitted by the applicant
therein, and shall have also indicated therein his willingness to undergo a
~eqnired p~ccmployment physical examinnfion and a preemployment
psychiatric examitmtion.
C. Appointments to new p(~sitions o~ offices or lo fill vacancies shall also be
subject to State [axss, inclttding Civil Service/Department of Personnel
~cqnitements. where applicable.
11.
Qualifications;
Erich applicaI~t shall comply with all the laws of lt~e State of New Jersey
pertaining thereto. N~* person shall bc given or accept a permanent
appoinmmnt as a police officer in fl~e borough unless hc has tirst been given
a probationm'y or tempormT appointnlent lo such ofl~ce fi>r a period of one (1)
year after successfidly completing a police training course at a school
appi~wed and authorized by the Police Training Commission in the
l)cl~artment of Law and Public Saik:ty of the State of New Jersey, pursuant to
th~ p~ovisionn of Chapter 56 of thc l.aws oF 196I and amendments thereto.
I3
Iq() person Mmll be appoinlcd to the Pollc¢ Dcpartll~ent as a regulm or
probationat9' member unless, at the time of'making application, he is between
the age oftx~cnty /me (21) and thinly five (35) years of age, except as
olhe~vise provided by law, 'Hie applicnnt shall be a citizen of the United States
of America, the State of New Jcisey, and prdkrence shall be given to those
applicants who have been residents of thc Borough of Carteret for a period of
at least six (6) months prior to lhe dale of application.
12.
OatlLt}f AIl esi a n c_e.x.
Each member of ibc Police 1)eparlmcnl shall, befbre entering upon the perfimnance
of his duties, take and subscribe an oath to bear true fhith and allegiance to the
government established in this strut, to support the Conslitu(ions of the United States
of America and thc Sta(e of New Jelsey ami to faiflltkdly, impartially and juslly
t~) 97-29 PA~W
dischargc and per[b~m all the duties, of his off]ce, Such oath or affirmation shall be
filed with the Bormlgh Clerk,
ARTICLE I11
I"OIACE I)EPARTMI~NI' RULES AND REGUI,ATIONS
The Appropriatc Amhotity pu~stmnt Io ~.,1~ 40A:14-118 is hereby authorized
updatc, adopl and promulgate rules and ~egulations ft~r the governing of the Police
Department and tbr the discipline of its members wilh a view lo making the Police
Depatlment ami all members lhcrcof c[ficient, vigilant aud effective in the sec'ice of
the B{omugh of Carterct. Said rules fred regulations will be in manual form and shall
be called the "Rules and Regulations of thc Police Delmrtment for the Borough of
Cmxeret" nnd shall govern the conducl of and be binding upon the entire membership
of said Police Departmcnt. including thcChiefand all subordinnles as lisled in Article
I hereof. Said Rules and Regulations shall provide fl0r penalties nmi R)rfeitm'eg
violations thereof.
The Rules and Regulations. which shall include all parts of the Police Ordinance of
lhe Code lbr the Borough o['Carleret, shall be distribuled in mmmal form as fifllows:
A sc~ializcd copy will be issued to and signed for by each employee of the l'olice
Depatqmenl for the t¢oiot~gh of Cm~eret. 'lhe Chief may no longer amend or chnngc
[t~esc rules except through action taken by the Appropriate Aufl~orily. A copy will be
maintained by the Borough Clerk for tl~c personnel desi~mted as Special Officers and
to provide public access to thc same.
Alt inen~bcrs ami cn/ployees who are assigned a manual shall be responsible Ib~ its
maintenance and care. Said manuals shall remain the property of lhe Borough
Ca~ereL County of Middlesex, Stale of New Jersey, and, upon scpm'ation flora
police scwice, each pe~sO~l iS hotrod to ~cttl~l the same. Each persoll will be
responsible fb~ the security of'hlsD~cr mamml, and loss of the same will constitute
ncglect of duty and will result in disciplinary action. All manuals shall be kept
current, and s(~pplcmentary pages concerning additions, revisions or nmcndments
shall be promptly and properly inselWd. No police dcpartment operating policies will
be inserted a~ pa~ vf this ~namml unless and until properly assimilated by
Appropriate Autho~ ily m~d endorsed by lheir signaloD'.
Encb police office~ ,nd each civilian employee is duty-bound Io thorouglfly
fan/ilimSzc himself/herself with ll~c pru,,isiolls of tile Police Manual. Failure
comply shall bo considered tmgleet of duty.
N(~ 97 -29 v^(n! 9
hi (i~¢ cvenl neglect of dub' is charged ngninst a member for Failure to observe the
A l/rl'l (~1,115 IV
A D()I'TI()N
All ordimmccs or pints <fl' oldhlanccs ilK:onslsicnt with this Ordinance arc hereby
repealed 1o tim exicnl t,£ such '1co lsintcno/, Oic mnce §4-21 Policc 1)eparhnem
(added ,1/t9/90 hy (hcl. No. q0-16) is he~d*y expressly saved Ii'om repeal.
]f for any ~eason anv section ur any plov~slo ofthis Ordinance slmll be questioned
in any coral and shall be held uncundm~ ~() mi or mvahd, tl~e snme shall not be held
ia fxffcct any othc~ section. Ol provisions ot th s Ordinance.
lifts ()~dhlance shall take e['f~ct immediaich'
law.
after publlcathm and as p~ovided by
B I Al
DU I?ONT x
IFA LL^CE x
i~1,( ()1~1)()1 /'(HIIU('II,V()II[,
FAZEKAS
I"E INGOI,I)
(;U'I OWSK 1
A,Iq,l,:d ,,. ~,,,c.,,d u'~¢~th~' bun inn
VETOED, bY ~/tic210/1/97'
September 4 )997
Set-tember 18. 1997
)VERRiDD~N by Council 10/2 97.
Blalowarczuk -Abstain F;lzckas - Yes
DuPont -Yes Folngold -No
Failace -Yes / (;utow~ki -~'es
~732) 54!
HON pETER J SICA
$cptembcr 20. ]097
Ms Kath~ Barnex
Borough Clerk
Carteret. New .lersev 07008
Dear Kathy:
Re: Veto- Ordinance
1. \lax'or Peter J Sica. ~eto Ordinance #0%20 My reasons for xetoing are:
It is tile obligation of the Mayor & ('ouncil to enforce all ordinances To take
the position that an ordinance ~as improper itl prior years and therefore
it should not be enforced nox~. is vdthout merit We ha~e paid a Consultant
$25~000 00 lhe results of this expenditure is that ~e have drafted an
ordinance Passage of such under li/!e 40 of the State ogNew Jersey
requires enforcement i am ax~are of the problems that enfbrcement will
bring, but our Oath and State Law ~equires enfbrcement upon passage
Enactment will expose tile Borough to an unCair labor practice, as well as
possible coutempt of consent order i:sued b5 tile I.!S District ('ourt in the
matter of P B ), Local ~47 x s the Borough of ('arteret
Enactment of said ordinance x~ould impose a financial hardship upon the tax-
pa?rs of the Borough. as these positions were not previously budgeted
4 ('urrent negoliations with PB a Local #47 ma)be adversely afikcted, as well
as position of the Borough ill current arbit~ alton
q
Il'the Council oxer-rides this x, eto. I am asking that Mr Stov~cll sign a
document indicating that the Borough of Carteret will be held harmless for any
legal costs incurred by ~a5 of this ordinance, v, hether it be unfair labor
practice, contempt of court, or suits brought by any member of the Calxeret
Police Department or the General Public
P.IS:in
Vep,' truly yours,
Mayor Pe}er J Sica
Borough of Caterer