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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 municipal administrators 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 AUTHORITY – N.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 CHIEF – N.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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