Bill Text: NJ A1635 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies duties and responsibilities of police directors and chiefs of police.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A1635 Detail]
Download: New_Jersey-2012-A1635-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ALBERT COUTINHO
District 29 (Essex)
SYNOPSIS
Clarifies duties and responsibilities of police directors and chiefs of police.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning police directors and chiefs of police and amending N.J.S.40A:14-118.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-118 is amended to read as follows:
40A:14-118. The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a police force, whether as a department or as a division, bureau or other agency thereof, and provide for the maintenance, regulation and control thereof. Any such ordinance shall, in a manner consistent with the form of government adopted by the municipality and with general law, provide for a line of authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the force and for the discipline of its members. The ordinance may provide for the appointment of a chief of police and such members, officers and personnel as shall be deemed necessary, the determination of their terms of office, the fixing of their compensation and the prescription of their powers, functions and duties, all as the governing body shall deem necessary for the effective government of the force. Any such ordinance, or rules and regulations, shall provide that the chief of police, if such position is established, shall be the head of the police force and that he 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:
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.
As used in this section, "appropriate authority" means the mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, or the governing body or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body operates.
The appropriate authority shall establish the internal structure of the police force and the various bureaus and units shall be reflected in an organizational chart or table of organization. The appropriate authority shall allocate manpower among the bureaus and units and adopt a policy establishing the priorities and objectives of these bureaus and units, as well as the duties and responsibilities of the police officers assigned to these bureaus and units.
The chief of police shall develop specific procedures to accomplish the priorities and objectives of the bureaus and units as set forth in the policy of the appropriate authority. The chief of police shall assign individual police officers to the bureaus and units. The individual police officers shall report directly to the chief of police and the work performed by these officers shall be supervised by the chief of police.
The appropriate authority may adopt a policy governing the purchase of equipment and supplies, which may include a requirement that the appropriate authority approve any expenditure of money.
Except as provided herein, the municipal governing body and individual members thereof shall act in all matters relating to the police function in the municipality as a body, or through the appropriate authority if other than the governing body.
Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
(cf: P.L.1981, c.266, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies the duties and responsibilities of a police director of a police department and the chief of police of that department.
Under the bill, the police director would be responsible for:
(1) determining the internal structure of the police department and allocating manpower to bureaus and units set forth in an organizational chart or table of organization;
(2) establishing the priorities and objectives of the bureaus and units and establishing the duties and responsibilities of the police officers assigned to these bureaus and units; and
(3) adopting a policy governing the purchase of equipment and supplies, which could require the police director's approval of expenditures.
Within this framework, the bill establishes that the chief of police would be responsible for:
(1) developing the specific procedures needed to accomplish the priorities and objectives of the bureaus and units that are set forth in the policy of the police director;
(2) assigning individual police officers to the bureaus or units; and
(3) supervising the work of the individual police officers.
Under current law, a municipality which establishes a police department must designate an "appropriate authority," such as a police director, to adopt rules and regulations governing the police department and providing for the discipline of its members. If the municipality appoints a chief of police, the chief is responsible for the police department's day-to-day operations. In some instances, there has been confusion as to whether a certain function constituted a day-to-day operation. This bill would eliminate this confusion by specifically enumerating certain responsibilities as those of the police director and others as those of the chief of police.
