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BOROUGH OF WILDWOOD CREST
CAPE MAY COUNTY
NEW JERSEY
ORDINANCE NO. 1192
AN ORDINANCE AMENDING CHAPTER 53 – POLICE
DEPARTMENT, ARTICLE I, SECTION 53-1,
ESTABLISHMENT; SECTION 53-2.1, HEAD OF POLICE
FORCE, AND SECTION 53-3, COMMISSIONER OF PUBLIC
SAFETY, SECTION 53-9, DUTIES OF CHIEF OF POLICE, OF
THE CODE OF THE BOROUGH OF WILDWOOD CREST,
AND AMENDING ORDINANCE NO. 361 ADOPTED ON
FEBRUARY 8, 1967; ORDINANCE NO. 577 ADOPTED ON
SEPTEMBER 28, 1982, AND ORDINANCE NO. 1099 ADOPTED
ON JUNE 9, 2010
WHEREAS, pursuant to and in accordance with N.J.S.A. 40A:14-118, the governing body of
any municipality may, by ordinance, create and establish a full-time public safety director,
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of
Wildwood Crest, County of Cape May and State of New Jersey, as follows:
Section 1. Chapter 53, Police Department, Article I, Section 53-1, Establishment – is
hereby amended to add the following:
53-1(B) – Establishment of Position: There is hereby established the
position of the Director of the Police Department of the Borough of Wildwood Crest,
who shall be designated and known as the “Director of Public Safety”.
53-1(C) - Appointment: The Director shall be appointed by the Mayor
of the Borough of Wildwood Crest.
53-1(D) – Term of Office: The Director shall be appointed for and
shall serve during the term of office of the Mayor appointing him and until the
appointment and qualification of his successor or the abolishment of the position.
53-1(E) – Salary: The Director of Public Safety’s salary shall be fixed
from time to time in accordance with the general salary ordinance of the Borough of
Wildwood Crest.
53-1(F) – Qualifications: No person shall be qualified for appointment
as Director of Public Safety unless such person shall be of high moral character and
shall not have been convicted of any crime involving moral turpitude. No person shall
be qualified for appointment unless such person shall have a minimum of ten (10)
years experience in law enforcement and/or government or police administration.
Section 2. Chapter 53, Police Department, Article I, Section 53-2.1, Head of Police Force
– is hereby amended to add the following:
53-2.1: In the absence of the public safety director or a chief of police,
the next highest ranking sworn police officer shall be responsible for the efficiency
and routine day-to-day operations of the police force, including carrying out the duties
specified in Section 53-9 (A) through (E) of the Code and as otherwise provided for
pursuant to N.J.S.A. 40A:14-118.
2
Section 3. Chapter 53, Police Department, Article I, Section 53-3, Commissioner of
Public Safety – is hereby amended to read as follows:
53-3:
A. The Commissioner of Public Safety of the Borough of
Wildwood Crest shall be the Chief Executive Officer of the police force.
B. The Public Safety Director shall possess all of the powers
granted to department heads pursuant to N.J.S.A. 40:69A-43 and is designated the
appropriate authority pursuant to N.J.S.A. 40A:14-118. The Director shall have
responsibility for the fiscal and administrative affairs of the police department,
including the authority to:
(1) Adopt and promulgate rules and regulations for the
control, distribution and discipline of the department and its officers and employees.
(2) Provide for the health, safety or welfare of the Borough
in an emergency situation through special emergency directives.
(3) Prepare budget requests and administer the departmental
budget.
(4) Approve or disapprove payrolls, bills and claims
chargeable to the department appropriations.
(5) Provide monthly information reports on the work of the
department as assigned by the Mayor.
(6) Establish procedures for the hearing and determination
of charges of violations of departmental rules and regulations by members of the
police force when such violations involve any matters which have been determined by
law to be within the sphere of managerial prerogative, further provided that a member
of the police force in the event of such charges of violation may only be fined,
reprimanded, removed, suspended or dismissed from the force only on written charges
made or preferred against him, after such charges have been examined, heard and
investigated by the Commissioner of Public Safety or by such person as is designated
by him upon such reasonable notice to the member charged in accordance with such
practice, procedure and manner as may be prescribed by rules and regulations of the
department and in conformity with applicable state law. However, nothing contained
herein shall be construed to prohibit the Commissioner of Public Safety from
suspending any member of the department from duty when required in his discretion,
pending the investigation of charges against a member or when such member shall be
arrested by civil authorities.
(7) Perform such other duties as directed by the Mayor, not
inconsistent with applicable ordinances and statutes.
(8) Examine at any time the operations of the department or
the performance of any officer and members.
(9) Exercise all powers and duties conferred by ordinances
of the Borough of Wildwood Crest with respect to license application and approval,
except where expressly reserved to the Chief of Police by law.
Section 4. Chapter 53, Police Department, Article I, Section 53-9, Duties of Chief of
Police – is hereby amended as follows:
53-9: Duties of Chief of Police - The chief of police shall be the head
of the police department and shall be directly responsible to the Director for the
3
efficiency and routine day-to-day operations of the department, and shall, pursuant to
policies adopted by the Director:
A. Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the force and its offices 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.
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, make such other reports as may be required by such authority.
Section 5. All other ordinances in conflict with or inconsistent with this ordinance are
hereby repealed to the extent of such inconsistency.
Section 6. If any section, subsection, paragraph, sentence or other part of this ordinance is
adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the
remainder of this ordinance, but shall be confined in its effects to the section, subsection, paragraph,
sentence or other part of this ordinance directly involved in the controversy in which said judgment
shall have been rendered, and all other provisions of this ordinance shall remain in full force and
effect.
Section 7. This ordinance shall become effective immediately upon final passage and
publication according to law.
Date: June 25, 2014
____________________________________
CARL GROON, Mayor
_______________________________ _____________________________________
Janelle M. Holzmer, Borough Clerk JOYCE P. GOULD, Commissioner
_____________________________________
DON CABRERA, Commissioner
Introduced:
Adopted:
Effective:

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Wildwood Crest Ordinance Amending Police Department Chapter of Borough Code

  • 1. 1 BOROUGH OF WILDWOOD CREST CAPE MAY COUNTY NEW JERSEY ORDINANCE NO. 1192 AN ORDINANCE AMENDING CHAPTER 53 – POLICE DEPARTMENT, ARTICLE I, SECTION 53-1, ESTABLISHMENT; SECTION 53-2.1, HEAD OF POLICE FORCE, AND SECTION 53-3, COMMISSIONER OF PUBLIC SAFETY, SECTION 53-9, DUTIES OF CHIEF OF POLICE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 361 ADOPTED ON FEBRUARY 8, 1967; ORDINANCE NO. 577 ADOPTED ON SEPTEMBER 28, 1982, AND ORDINANCE NO. 1099 ADOPTED ON JUNE 9, 2010 WHEREAS, pursuant to and in accordance with N.J.S.A. 40A:14-118, the governing body of any municipality may, by ordinance, create and establish a full-time public safety director, NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, as follows: Section 1. Chapter 53, Police Department, Article I, Section 53-1, Establishment – is hereby amended to add the following: 53-1(B) – Establishment of Position: There is hereby established the position of the Director of the Police Department of the Borough of Wildwood Crest, who shall be designated and known as the “Director of Public Safety”. 53-1(C) - Appointment: The Director shall be appointed by the Mayor of the Borough of Wildwood Crest. 53-1(D) – Term of Office: The Director shall be appointed for and shall serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor or the abolishment of the position. 53-1(E) – Salary: The Director of Public Safety’s salary shall be fixed from time to time in accordance with the general salary ordinance of the Borough of Wildwood Crest. 53-1(F) – Qualifications: No person shall be qualified for appointment as Director of Public Safety unless such person shall be of high moral character and shall not have been convicted of any crime involving moral turpitude. No person shall be qualified for appointment unless such person shall have a minimum of ten (10) years experience in law enforcement and/or government or police administration. Section 2. Chapter 53, Police Department, Article I, Section 53-2.1, Head of Police Force – is hereby amended to add the following: 53-2.1: In the absence of the public safety director or a chief of police, the next highest ranking sworn police officer shall be responsible for the efficiency and routine day-to-day operations of the police force, including carrying out the duties specified in Section 53-9 (A) through (E) of the Code and as otherwise provided for pursuant to N.J.S.A. 40A:14-118.
  • 2. 2 Section 3. Chapter 53, Police Department, Article I, Section 53-3, Commissioner of Public Safety – is hereby amended to read as follows: 53-3: A. The Commissioner of Public Safety of the Borough of Wildwood Crest shall be the Chief Executive Officer of the police force. B. The Public Safety Director shall possess all of the powers granted to department heads pursuant to N.J.S.A. 40:69A-43 and is designated the appropriate authority pursuant to N.J.S.A. 40A:14-118. The Director shall have responsibility for the fiscal and administrative affairs of the police department, including the authority to: (1) Adopt and promulgate rules and regulations for the control, distribution and discipline of the department and its officers and employees. (2) Provide for the health, safety or welfare of the Borough in an emergency situation through special emergency directives. (3) Prepare budget requests and administer the departmental budget. (4) Approve or disapprove payrolls, bills and claims chargeable to the department appropriations. (5) Provide monthly information reports on the work of the department as assigned by the Mayor. (6) Establish procedures for the hearing and determination of charges of violations of departmental rules and regulations by members of the police force when such violations involve any matters which have been determined by law to be within the sphere of managerial prerogative, further provided that a member of the police force in the event of such charges of violation may only be fined, reprimanded, removed, suspended or dismissed from the force only on written charges made or preferred against him, after such charges have been examined, heard and investigated by the Commissioner of Public Safety or by such person as is designated by him upon such reasonable notice to the member charged in accordance with such practice, procedure and manner as may be prescribed by rules and regulations of the department and in conformity with applicable state law. However, nothing contained herein shall be construed to prohibit the Commissioner of Public Safety from suspending any member of the department from duty when required in his discretion, pending the investigation of charges against a member or when such member shall be arrested by civil authorities. (7) Perform such other duties as directed by the Mayor, not inconsistent with applicable ordinances and statutes. (8) Examine at any time the operations of the department or the performance of any officer and members. (9) Exercise all powers and duties conferred by ordinances of the Borough of Wildwood Crest with respect to license application and approval, except where expressly reserved to the Chief of Police by law. Section 4. Chapter 53, Police Department, Article I, Section 53-9, Duties of Chief of Police – is hereby amended as follows: 53-9: Duties of Chief of Police - The chief of police shall be the head of the police department and shall be directly responsible to the Director for the
  • 3. 3 efficiency and routine day-to-day operations of the department, and shall, pursuant to policies adopted by the Director: A. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its offices 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. 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, make such other reports as may be required by such authority. Section 5. All other ordinances in conflict with or inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Section 6. If any section, subsection, paragraph, sentence or other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this ordinance directly involved in the controversy in which said judgment shall have been rendered, and all other provisions of this ordinance shall remain in full force and effect. Section 7. This ordinance shall become effective immediately upon final passage and publication according to law. Date: June 25, 2014 ____________________________________ CARL GROON, Mayor _______________________________ _____________________________________ Janelle M. Holzmer, Borough Clerk JOYCE P. GOULD, Commissioner _____________________________________ DON CABRERA, Commissioner Introduced: Adopted: Effective: