N.J. Stat. » Title 40A — MUNICIPALITIES AND COUNTIES
New Jersey Statutes

N.J. Stat. § 40A:14-118 (2026)

Police force; creation and establishment; regulation; members; chief of police; powers and duties

✓ current as of May 2026
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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.

40A:14-118.1 Municipal police vehicles to be equipped with mobile video recording system.

1. Every new or used municipal police vehicle purchased, leased, or otherwise acquired on or after the effective date of P.L.2014, c.54 (C.40A:14-118.1 et al.) which is primarily used for traffic stops shall be equipped with a mobile video recording system.

As used in this section "mobile video recording system" means a device or system installed or used in a police vehicle or worn or otherwise used by an officer that electronically records visual images depicting activities that take place during a motor vehicle stop or other law enforcement action.

Notes of Decisions
Cited in 66 cases (25 in the last 5 years), 1993–2026 · leading case: Fraternal Order of Police, Newark Lodge No. 12 Vs. City of Newark (c-000177-16, Essex Cnty. & Statewide), 212 A.3d 454 (N.J. Super. Ct. App. Div. 2019).
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Fraternal Order of Police, Newark Lodge No. 12 Vs. City of Newark (c-000177-16, Essex Cnty. & Statewide), 212 A.3d 454 (N.J. Super. Ct. App. Div. 2019). · cites it 39× “We acknowledge that N.J.S.A. 40A:14-118 expressly authorizes the City to create a board – such as the CCRB – to investigate and examine allegations of police misconduct.”
Paff v. Ocean Cnty. Prosecutor's Off., 192 A.3d 975 (N.J. 2018). · cites it 11× “The majority construed the phrase **13 "required by law" in that provision to encompass any record that is required by a local law enforcement order, as long as the order is issued pursuant to a delegation of power under N.J.S.A. 40A:14-118. Ibid. That statute authorizes a…”
John Paff v. Ocean Cnty. Prosecutor's Off., 141 A.3d 300 (N.J. Super. Ct. App. Div. 2016). · cites it 5× “He explained that the general order had been issued in accordance with the delegation of power provided by the Legislature under N.J.S.A 40A:14-118. Further, Judge Grasso rejected the argument that the Attorney General's Guidelines on Internal Affairs Policies and Procedures…”
In Re Referendum Petition to Repeal Ordinance 04-75, 908 A.2d 846 (N.J. Super. Ct. App. Div. 2006). · cites it 7× “40:47-1, repealed in 1971 and replaced by N.J.S.A. 40A:14-118. See Jansco v. Waldron, 70 N.”
Adams v. City of Camden, 461 F. Supp. 2d 263 (D.N.J. 2006). · cites it 2× “In New Jersey a municipal police department is not an entity separate from the municipality, N.J. Stat. Ann. § 40A:14-118 (municipal police department is “an executive and enforcement function of municipal government”); therefore, the Camden Police Department is not a proper…”
Trafton v. City of Woodbury, 799 F. Supp. 2d 417 (D.N.J. 2011). “1997); see N.J.S.A. 40A:14-118 (declaring that New Jersey police departments are “an executive and enforcement function of municipal government”).”
Hon. Dana L. Redd v. Vance Bowman(073567), 121 A.3d 341 (N.J. 2015). “[N.J.S.A 40A:14-118] The Legislature thus expressly acknowledged in the Police Force Statute that a police ordinance would be enacted consistent with the form of government chosen by the municipality-in Camden’s case, the Faulkner Act Mayor — Council form of government…”
Padilla v. Twp. of Cherry Hill, 110 F. App'x 272 (3d Cir. 2004). “See N.J.S.A. 40A:14-118 (proclaiming that New Jersey police departments are “an executive and enforcement function of municipal government.”
Santiago v. City of Vineland, 107 F. Supp. 2d 512 (D.N.J. 2000). · cites it 2× “Because Santiago points to a decision made by Brunetta in another case, the City of Vine-land can only be liable on this ground if Brunetta is found to be a final policymaker of the City.”
GJJM Enters., LLC v. City of Atl. City, 293 F. Supp. 3d 509 (D.N.J. 2017). · cites it 2× “Defendants' motions As an initial matter, the Court notes that GJJM does not object to dismissal of its request for monetary damages.”
Merman v. City of Camden, 824 F. Supp. 2d 581 (D.N.J. 2010). “”); N.J.S.A. 40A:14-118 (declaring that New Jersey police departments are “an executive and enforcement function of municipal government”).”
Mamdouh Hussein v. State of NJ, 403 F. App'x 712 (3d Cir. 2010). “To the extent that Hussein named the Jersey City Police Department as a defendant for failing to protect him from Marrero, a municipal police department is not an entity separate from the municipality, see N.J. Stat. Ann. § 40A:14-118, and, therefore, the Jersey City Police…”
Show all 66 citing cases →
N.J. Stat. § 40A:14-118(a): 2 cases
Paff v. Ocean Cnty. Prosecutor's Off., 192 A.3d 975 (N.J. 2018). “The majority construed the phrase **13 "required by law" in that provision to encompass any record that is required by a local law enforcement order, as long as the order is issued pursuant to a delegation of power under N.J.S.A. 40A:14-118. Ibid. That statute authorizes a…”
Seidle v. Neptune Twp., No. 3:17-cv-04428, 2021 WL 1720867 (D.N.J. May 1, 2021).
N.J. Stat. § 40A:14-118(c): 2 cases
Paff v. Ocean Cnty. Prosecutor's Off., 192 A.3d 975 (N.J. 2018). “The majority construed the phrase **13 "required by law" in that provision to encompass any record that is required by a local law enforcement order, as long as the order is issued pursuant to a delegation of power under N.J.S.A. 40A:14-118. Ibid. That statute authorizes a…”
Fraternal Order of Police, Newark Lodge No. 12 Vs. City of Newark (c-000177-16, Essex Cnty. & Statewide), 212 A.3d 454 (N.J. Super. Ct. App. Div. 2019). “We acknowledge that N.J.S.A. 40A:14-118 expressly authorizes the City to create a board – such as the CCRB – to investigate and examine allegations of police misconduct.”
N.J. Stat. § 40A:14-118(e): 1 case
Mirza M. Bulur v. the New Jersey Off. of the Attorney Gen., No. A-0629-23/A-1209-23 (N.J. Super. Ct. App. Div. Dec. 18, 2024).
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