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Police Chief or Police Director

 

 

 

The issue of civilian control over local police departments continues to present difficulties for many agencies, specifically in New Jersey. Despite a comprehensive legislative scheme and interpretive case law, problem areas continue to arise when civilian police directors and police chiefs struggle for power.

New Jersey is one of only a handful of states that grants tenure to a Chief of Police, as provided for by N.J.S.A. 40A:14-147. The issue of hiring a civilian police director is a viable option for a municipality. However, an important fact a municipality and its administration need to understand is that the Police Chief's powers are statutory, they are defined by N.J.S.A. 40A:14:118, while the powers of a civilian police director are "derivative," in that they are derived from whatever scheme the municipality chooses and implements by ordinance. These powers cannot conflict with the Chief's statutory authority.

The following is a brief summary on the authority, duties, and responsibilities of a police chief and civilian police director, as provided by legislation and case law. However, there are many more controlling directives that impact on these positions.

APPROPRIATE AUTHORITYN.J.S.A. 40:14-118

·          Issues Rules and Regulations for the Operation and Administration of Police Force

·          Reviews Operational Reports from Police Chief

·          May Examine Operations of Police Force and Performance of Individual Police Officers

POLICE CHIEFN.J.S.A. 40:14-118

·          Directs Day-to-Day Operations of the Police Force

·          Prescribes Duties and Assignments of Personnel

·          Administers and Enforces Disciplinary Rules and Regulations

·          Reports at Least Monthly to the Appropriate Authority on the Operation of the Force

·          Makes Other Reports as may be Requested by the Appropriate Authority.

A municipality's decision to choose a Police Chief or Police Director, or both, is complex and deserves a great deal of study. PMC International will assist you in making the right choice.

 

 

 

 

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