New Jersey § 40a:14-118

§ 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. 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.