Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 49.
Personnel policies — See Ch. 100.
[Adopted 5-13-1970 as Sec. 2-12 of the 1970 Revised General Ordinances (Ch. 81, Art. I, of the 1992 Code)]

§ 107-1 Department established; membership.

[Amended 6-24-1970; 10-10-1973; 12-19-1974 by Ord. No. 74-15; 12-28-1995 by Ord. No. 95-17; 5-23-1996 by Ord. No. 96-10; 12-26-1996 by Ord. No. 96-25; 2-26-1998 by Ord. No. 98-4]
A. 
There is hereby established a Police Department, which may consist of one Chief of Police and/or one Police Director, one Captain, four Lieutenants, six Sergeants, one Deputy Chief and 13 patrolmen (one of whom shall be able to speak and understand the Polish language) and such other officers, special officers and employees as the Council may, from time to time, appoint. This article shall not be considered to require the Mayor and Council to fill any vacancy in any office or position of the Police Department which may, from time to time, occur. The filling of a vacancy shall be within the sole discretion of the Mayor and Council.
[Amended 6-19-2006 by Ord. No. 2006-13; 8-23-2007 by Ord. No. 2007-08]
B. 
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of the State of New Jersey and the ordinances of the Borough of Wallington; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.
C. 
The Mayor and Council of the Borough of Wallington shall be considered to be the "appropriate authority" as provided in New Jersey Statutes.
D. 
The Police Director or officer in charge shall be responsible for the overall performance of the Police Department and shall be directly responsible to the Mayor and Council for the efficiency and day-to-day operation of the Police Department. The Director of the Police Department or officer in charge of the Borough of Wallington shall also:
(1) 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its officers and members;
(2) 
Have, exercise and discharge the functions, powers and duties of the chief executive officer of the Police Department;
(3) 
Prescribe the duties and assignments of all members and officers;
(4) 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the direction and control of the Director of Police or officer in charge.
(5) 
Prepare monthly reports to the Mayor and Council which shall describe the operation of the Police Department during the preceding month in such form as shall be prescribed by the Mayor and Council. The Director or officer in charge shall make such other reports as may be requested by the Mayor and Council.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The appropriate authority may also require that an applicant for appointment to the Police Department or candidate for promotion within the Police Department shall successfully complete a physical, mental and/or psychological examination.
F. 
Police Department rules and regulations.
(1) 
The appropriate authority (Mayor and Council), pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.[2]
[2]:
Editor's Note: Ordinance No. 2003-18, adopted 11-13-2003, provided for the adoption of Police Department Rules and Regulations which are on file with the Borough Clerk/Borough Administrator and the Police Director and distributed to all police officers.
(2) 
The Police Director or officer in charge is authorized to prepare and make recommendations to the appropriate authority concerning amendments to or the adoption of new rules and regulations. However, the appropriate authority shall have final responsibility for the adoption and promulgation of rules and regulations.
(3) 
Said rules and regulations shall govern the conduct of and be binding upon the entire membership, sworn officers and civilian employees, of the Police Department.
(4) 
Said rules and regulations shall be called the "Rules and Regulations of the Police Department of the Borough of Wallington."
(5) 
Each sworn officer and each civilian employee is duty bound to be thoroughly familiar with and obey the provisions of the Rules and Regulations of the Police Department.
(6) 
Said rules and regulations, and any amendments thereto, shall be reviewed and adopted by the appropriate authority as defined herein.
G. 
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and Administrative Regulations and the Police Department's Rules and Regulations.

§ 107-2 Appointment; qualifications.

A. 
All appointments to the Police Department shall be made by the Mayor, with the advice and consent of the Council, from a certified list prepared by the New Jersey State Civil Service Commission following competitive examination and with special reference to the fitness of the person so appointed; provided, however, that those desiring to be appointed shall be required to submit to such examination as may be required by the New Jersey State Civil Service Commission.
B. 
A member of the Police Department, whether an officer or patrolman, prior to his appointment as such, shall be a citizen of the United States and a resident of the Borough of Wallington for two years next preceding his appointment. In addition, he shall be sound in body, of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that such person is eligible to membership in the retirement system, able to read, write and speak the English language well and intelligently, and of good moral character. No person shall be appointed who has been convicted of any crime constituting an indictable offense or who has been convicted of any crime or offense involving moral turpitude. No person shall be appointed a member of the Police Department who is less than 21 or more than 30 years of age at the time of his appointment.
C. 
Prior to initial appointment and prior to any promotion, candidates for such appointments or promotions shall undergo psychiatric examination, the results of which shall be considered by the governing body in the making of the appointment or promotion.
[Added 7-17-1980 by Ord. No. 80-8]
D. 
No officer shall be appointed to the rank of Lieutenant of the Police Department of the Borough of Wallington unless he or she shall first have served at the rank of Sergeant.
[Added 9-27-1984 by Ord. No. 84-19]
E. 
No police officer shall take a test for or be appointed to the position of Sergeant unless he or she has served as a police officer for a period of four years.
[Added 12-13-1984 by Ord. No. 84-21]

§ 107-3 Probationary appointment.

Each person hereafter appointed to the Police Department shall be known as a "probationary patrolman" and shall serve as such for a period of one year from the date of his appointment. Each person appointed or promoted to the position of Sergeant, Lieutenant, Captain or Chief of Police shall serve a probationary period in such capacity for a period of one year from the date of his appointment or promotion. At the termination of the probationary period, and provided that the candidate or person promoted satisfactorily meets all the requirements of the position to which he has been appointed or promoted for the probationary period, the appointment or promotion shall be final.

§ 107-4 Special law enforcement officers.

[Amended 7-16-1992 by Ord. No. 92-11]
A. 
Special law enforcement officers may be appointed in the Borough of Wallington in accordance with the provisions of this section and the laws of the State of New Jersey.
B. 
Classes of special law enforcement officers; use of firearms.
(1) 
There shall be one class of special law enforcement officer. This class is authorized to perform routine traffic detail, spectator control and similar duties and shall have the power to issue summonses for the disorderly persons and petty disorderly offenses and violations of the Revised Statutes of the State of New Jersey and the ordinances of the Borough of Wallington.
(2) 
The use of firearms by an officer of this class is expressly strictly prohibited. No officer shall be assigned duties which require or may require the carrying or use of a firearm.
C. 
Appointments. Appointments of special law enforcement officers shall be made by the Council of the Borough of Wallington. There may be appointed such number of special law enforcement officers as may be required.
D. 
Term. The term of appointment of a special law enforcement officer shall be one year; provided, however, that the appointment may be revoked by the governing body for cause after hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing, pursuant to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed to require reappointment of any special law enforcement officer upon the expiration of the term. The special law enforcement officers appointed hereunder shall not be members of the police force of the Borough. Their powers and duties as determined pursuant to this section and New Jersey statutes shall cease at the expiration of the term for which the special law enforcement officer was appointed.
E. 
Qualifications. No person may be appointed as a special law enforcement officer unless the person:
(1) 
Is a resident of the Borough of Wallington at the time of the appointment and remains so during the term of the appointment. If there is no resident qualified applicant, then the person shall be a resident of the State of New Jersey residing in a community within a reasonable distance from the Borough of Wallington. "Reasonable distance" is defined, for the purposes of this subsection, as a distance which is no more than a fifteen-minute drive to the Borough of Wallington under normal driving conditions.
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(3) 
Is of sound body and of good health.
(4) 
Is of good moral character.
(5) 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office and to represent the Borough.
(6) 
Has successfully undergone the same psychological and medical testing that is required of all full-time police officers of the Borough.
(7) 
Shall have had fingerprints taken, which shall be filed with the Division of State Police and Federal Bureau of Investigation.
(8) 
Is not serving as a special law enforcement officer of any other municipality or a regularly appointed full-time police officer of any local unit or a public official with responsibility for selecting law enforcement policy or exercising authority over the budget of the Borough or supervision of the Police Department of the Borough.
F. 
Written application. Every applicant for appointment as a special law enforcement officer shall submit a written application, verified under oath, setting forth his qualifications for the position and other data in the form and manner as hereafter may be prescribed by the governing body.
G. 
Approval by Chief of Police. Prior to appointment of a special law enforcement officer pursuant hereto, the Chief of Police of the Borough shall ascertain whether the applicant is legally eligible and qualified and shall file his written report as to eligibility and qualification with the Council prior to the effective date of the appointment.
H. 
Weapons. No special law enforcement officer may carry or be authorized to carry or use a firearm.
I. 
Hours of employment. Special law enforcement officers may be employed to serve for no more than the number of hours prescribed in the Special Law Enforcement Officers' Act.[1]
[1]:
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
J. 
Use of term "special police." The term "special police" used anywhere in the Code of the Borough of Wallington shall mean "special law enforcement officer," as provided for in this section.
K. 
Uniform. A reasonable charge shall be made to the special law enforcement officer for the uniform supplied. The special law enforcement officer shall be responsible for the care and maintenance of the uniform and all other equipment issued him, if any, and shall return the same at the termination of his or her appointment. An insignia indicating the officer's status as a special law enforcement officer and type of certification issued pursuant to Subsection B hereof shall be worn with the uniform.

§ 107-5 Chairman of Police Committee; Police Commissioner.

The Mayor shall, at the reorganization meeting of the Council in January of each year, appoint one Councilman to serve as Chairman of the Police Committee of the Council, who shall be known as the "Police Commissioner" or "Chairman of the Police Committee."

§ 107-6 Powers and duties.

A. 
Chief of Police.
(1) 
The Chief of Police shall be the chief executive officer of the Police Department. It shall be his duty to prepare a semimonthly payroll showing the number of employees in the Police Department and the amount due to each, which payroll shall be submitted to the Council and certified by the Chief as to its correctness. The payroll shall show the rank of each person and the time for which he is entitled to payment. In the absence of the Chief of Police, the next lower officer in rank shall certify and prepare the payroll. The salary of each member and employee of the Police Department shall be due and payable in accordance with the Salary Ordinance[1] in effect in the Borough at the time of employment.
[1]:
Editor's Note: The Salary Ordinance is on file at the Borough Clerk's office, where it is available for inspection.
(2) 
It shall be the duty of the Chief of Police to cause the public peace to be preserved at all times and to see that all laws and ordinances relating thereto are properly enforced. He shall faithfully and promptly obey and cause all personnel of the Police Department under him to obey all rules, regulations and orders from time to time prescribed by the Council. He shall, subject to the direction of the Mayor, in case of riot, insurrection or threatening thereof, take command of the Police Department in person and direct its movements and operations in discharge of its respective duties.
(3) 
The Chief of Police shall be responsible for the maintenance of a daily police blotter in which each member shall record his name, rank and time of reporting and leaving duty, complaints and matters pertaining to the Police Department, as well as all telephone calls. The police blotter shall be a permanently bound book with its pages numerically numbered. In addition, the Chief of Police shall be responsible for the maintenance of a Department record book which shall be permanently bound and in which shall be entered the name and address of each person arrested or detained or against whom a complaint for the commission of any crime or violation of any Borough ordinance or motor vehicle statute shall be made; the time of arrest or detention; the nature of the complaint; what action was taken thereon; the name of the officer arresting or detaining; the names and addresses of all witnesses; and all circumstances and data of importance in such case.
(4) 
The work schedule for all members of the Police Department shall be prepared by the Police Committee for periods of three months and shall be submitted to the Council for approval not less than one month prior to the effective date of the schedule. Following its approval, the work schedule shall be forwarded to the Chief of Police or, in his absence, the officer in charge of the Department, by the Borough Clerk. In the event that the Council fails or refuses to approve the three-month work schedule as submitted by the Police Committee, the Council shall adopt a three-month work schedule, and the same shall be transmitted to the Police Department. It shall be the duty of the Chief of Police or, in his absence, the officer in charge of the Department, to follow the approved schedule in assigning work to members of the Department, unless specific approval to deviate therefrom shall be received, in writing, from the Chairman of the Police Committee, who shall act upon the majority vote of the Committee. The work schedule and duty hours as approved shall be posted in a conspicuous place at Police Headquarters.
(5) 
It shall be the duty of the Chief of Police to maintain a permanent record of all periods during which members of the Department are not available for duty, whether occasioned by sick leave, vacation or other absences and whether excused or unexcused. The Chief shall report all such information to the Council by the submission of a written monthly report.
B. 
Captain. The Captain of the Police Department shall frequently test the knowledge and proficiency of all persons assigned to his command, inspect the conditions of their posts and assume the responsibility of seeing to it that all the general and special orders of the Department are carried out. He shall promptly obey all orders received from the Chief of Police and shall carefully study and thoroughly understand all rules, regulations and orders and note every case of misconduct or neglect of duty of Department members. In addition, the Captain shall assume command of the Police Department whenever the Chief of Police shall be absent or unable to assume command of the Department.
C. 
Lieutenants. Lieutenants of the Police Department shall promptly obey all orders received from any superior officer and thoroughly acquaint themselves with the capabilities of the men under their command. They shall carefully study and thoroughly understand all rules, regulations and orders and shall note every case of misconduct or neglect of duty of Department members under their command. They shall perform such duties as may be prescribed in any general or special orders issued by the Council, the Police Commissioner or the Chief of Police.
D. 
Sergeants. Sergeants shall have immediate supervision of patrolmen assigned to foot patrol, radio car patrol and traffic duty patrol in their district and constantly patrol the post of the men under them, seeing each one as often as possible and enforcing the performance of duty. Sergeants shall report to their commanding officer all delinquencies or violations on the part of the persons under their command.
E. 
Patrolmen. Patrolmen are appointed to the Police Department to perfect the organization and are subject to the orders of any superior officer of the Department. In carrying out the functions of the Department, namely the preservation of the public peace, the protection of life and property, the prevention of crime and arrest of violators of the law and the proper enforcement of all laws and ordinances of which the Department takes cognizance, patrolmen shall constantly direct their best efforts to accomplish that end intelligently and efficiently. They shall be held to strict accountability for the good order of the posts to which they may be assigned to duty. They shall have such regular hours of duty as may be prescribed. When not assigned to regular duties, they shall promptly and thoroughly perform such special duties as may be ordered.
F. 
In the event the Police Director or officer in charge or the Chief of Police is not on duty at Police Headquarters or is otherwise absent from his or her official duties, or at such times as the office of Police Director or Chief of Police may be vacant, the next senior ranking officer shall perform all duties of the Police Director or the Chief of Police. At such times, he or she shall have all the power and authority and responsibilities of the Police Director or Chief of Police and, in addition thereto, shall also have all authority, duties and responsibilities and supervision of the Captain of Police. The foregoing notwithstanding, he or she shall remain subject to the orders and supervision of the Chief of Police or the Police Director or officer in charge.
[Added 5-23-1996 by Ord. No. 96-10; amended 6-19-2006 by Ord. No. 2006-13; 8-23-2007 by Ord. No. 2007-08]

§ 107-7 Additional powers and duties; responsibilities.

A. 
The rights, privileges, powers and duties of the members of the Police Department, as well as any special officers, marshals or temporary officers, shall be those prescribed by the laws of the State of New Jersey and the ordinances of the Borough of Wallington.
B. 
Members of the Police Department shall devote their whole time and attention to the duties of their office. Notwithstanding that certain hours are allotted to members of the Police Department in the performance of their duties, all members of the Police Department must at all times be prepared to return to duty immediately upon notice that their services are required.
C. 
Members of the Police Department shall have the power to serve and execute all processes issuing out of municipal and criminal courts of the State of New Jersey.
D. 
Members of the Police Department, while on active duty, except members of the Detective Bureau, shall wear the full regulation uniform. Any plainclothes officers, while appearing in court on police matters, shall wear their badges on the left breast of their outermost garments.
E. 
Members of the Police Department, when in uniform, shall carry full equipment and wear their badges conspicuously on the left breast of their outermost garments.
F. 
The service revolver or pistol of each member of the Police Department shall be kept clean and oiled and in working condition at all times. It shall be kept loaded, with the gun at all times in the safety position except when actually firing.
G. 
Members of the Police Department shall make written reports of any violations of laws or ordinances of the Borough coming within their knowledge.
H. 
Patrolmen reporting for duty shall report to the officer in charge of the desk, fully equipped for inspection and instructions before proceeding to duty.

§ 107-8 Detective Bureau.

[Amended 2-9-1972]
A. 
There shall be a branch of the Police Department known as the "Detective Bureau." The Bureau shall consist of such members of the Police Department as the Council, in its discretion, may assign from time to time. The Detective Bureau shall be under the command of a Sergeant of police who shall be responsible for its efficient and proper operation. The Detective Sergeant shall report to the Chief of Police daily, in writing, fully informing the Chief of the progress made in connection with all matters which have been referred to or pertain to the Detective Bureau. A copy of the report shall be furnished to the Police Commissioner if he requests it.
B. 
Members of the Detective Bureau shall perform such duties and functions as shall normally be expected of persons in their positions, and they shall be subject to the general and special orders of the Chief of Police and Captain.

§ 107-9 Vacations; sick leave.

A. 
Each member of the Police Department shall be allowed an annual vacation with pay in accordance with the provisions of Chapter 100, Personnel Policies, of this Code. The Police Committee shall submit a vacation schedule for all members of the Police Department to the Council for approval not less than one month prior to the effective date of the schedule. Following its approval, the vacation schedule shall be forwarded to the Chief of Police or, in his absence, the officer in charge of the Department by the Borough Clerk. In the event that the Council fails or refuses to approve the vacation schedule as submitted by the Police Committee, the Council shall adopt a vacation schedule, and the same shall be transmitted to the Police Department. It shall be the duty of the Chief of Police or, in his absence, the officer in charge of the Department to follow the approved vacation schedule in assigning Department members their vacation times, unless specific approval to deviate therefrom shall be received, in writing, from the Chairman of the Police Committee, who shall obtain approval for deviation by a majority vote of the Committee. The vacation schedule, as approved, shall be posted in a conspicuous place in Police Headquarters.[1]
[1]:
Editor's Note: Former Sec. 2-12.9b, which immediately followed this subsection and pertained to injuries sustained on duty, was repealed 12-20-1993 by Ord. No. 93-19.
B. 
Any member of the Police Department unable to report for duty when required because of illness or injury shall immediately report such fact to the Police Chief or such other superior officer who is in charge at the time. If it is not possible to report in person, he shall send such report by a member of his family or some other person or by signal box or telephone.
C. 
Any member of the Police Department confined to his home because of illness or injury must be accessible to the Police Surgeon at all times, and the Police Surgeon must be correctly informed as to his condition. Any member who fails to report to duty when so ordered by the Police Commissioner shall be considered absent without leave and charged accordingly.
D. 
No member of the Police Department shall be absent from duty unless excused by the Chief of Police for medical reasons or, in his absence, the Police Commissioner. After an officer has notified the Department that he is unable to report for duty, he shall not leave his home, except in case of an emergency or to receive medical or hospital care, without first notifying the Chief of Police or officer in charge of the Police Department at the time.

§ 107-10 Suspension or removal.

No member of the Police Department shall be suspended, removed, fined or reduced in rank except for just cause, as hereinafter provided, and then only after written charge of the cause of the complaint has been preferred against the member of the Department, signed by the person making such charge and filed as hereinafter provided. The charge shall be publicly examined by the Council within the time provided by law. It is the intent of this section to give each person against whom a charge for any cause may be preferred a fair trial upon such defense, if any, he has or chooses to make. The Council shall have the power to issue writs of subpoena under the Seal of the Borough, attested by the Borough Clerk, to compel the attendance of witnesses to give testimony, and persons who neglect to obey such subpoenas or to give testimony or answer questions as required shall be subject to the penalty provided by law. When charges are preferred against any member of the Police Department upon which charges a trial is ordered by the Council, the member shall be suspended until termination of the trial. Any member of the Police Department, when suspended, shall turn over to the Police Commissioner all equipment belonging to the Borough.

§ 107-11 Discipline; prohibited conduct.

A. 
Any person desiring to make a complaint against any member of the Police Department shall make the complaint, in writing, to the Chief of Police. The Chief of Police shall forthwith deliver the original of the charges to the Council for its attention. Upon receipt of any charge against a member of the Police Department, the Council shall take whatever action it deems necessary. In the event that the person wishes to make a charge against the Chief of Police, such charge shall be filed with the Police Commissioner, who shall forthwith transmit it to the Council for its attention.
B. 
Any member of the Police Department shall be subject to reprimand, loss of pay, suspension from duty, reduction in rank or dismissal or removal, according to the nature and aggravation of his offense, in the manner herein provided, upon a majority vote of the Council, for any of the following causes or for violation of any of the following rules, regulations and orders:
(1) 
Drinking any intoxicating liquor while on duty or in uniform.
(2) 
Entering any place where intoxicating liquor is sold or furnished while on duty or in uniform, except on actual police duty.
(3) 
Willful disobedience of orders.
(4) 
Indecent, profane, harsh or uncivil language.
(5) 
Disrespect to a superior officer.
(6) 
Unnecessary violence to a prisoner or any other person.
(7) 
Sleeping while on duty.
(8) 
Absence from duty without leave.
(9) 
Immoral or indecent conduct.
(10) 
Violation of any criminal law.
(11) 
Failing to turn in to the desk officer at end of tour of duty duplicate summonses issued to violators.
(12) 
Entering any building while on duty in uniform except on actual police duty.
(13) 
The violation of any general or special order promulgated by resolution of the Council.
(14) 
Leaving post or assignment without just cause or failing to notify the officer in charge of the desk when leaving post, if at all possible or practicable to do so.
(15) 
Improperly patrolling post.
(16) 
Conduct unbecoming an officer and gentlemen.
(17) 
Neglecting or refusing to pay just debts.
(18) 
Revealing to any person not a member of the Department any proposed police action or movements or provisions of any official order.
(19) 
Making any false statement in application for appointment to the Department.
(20) 
Failing to make and file a written report with the officer in charge of the desk concerning anything that happens.
C. 
Additional rules, regulations and orders:
(1) 
Each member, on reporting for duty, must be neat and clean in his personal appearance and clothing. If in uniform, he must be in conformity with the regulations in respect to the same, and his uniform must be clean, well pressed, worn neatly and buttoned.
(2) 
Members are forbidden to receive or accept a reward, present or remuneration of any kind whatsoever from any person other than the Borough of Wallington, either directly or indirectly, for any act that forms a part of their duties.
(3) 
No member shall interfere in civil cases except to prevent a breach of the peace or to quell a disturbance.
(4) 
No member shall be permitted to solicit for an attorney, to become surety for anyone charged with the commission of a crime or to release a person from custody after arrest, except as provided by law.
(5) 
No member shall apply for a warrant for arrest or search warrant without the consent of the Chief of Police or officer in charge and in the manner provided by law.
(6) 
Members are prohibited from active participation in politics other than free exercise of the right to vote.
(7) 
Members are required to report to the Chief of Police or, in his absence, to the officer in charge any change in their residence at least 12 hours before it takes place.
(8) 
No member of the Department shall engage in any game of cards, billiards, pool or similar games in any public place while wearing any portion of his uniform.
(9) 
When called to a Department telephone, a member shall promptly respond by giving his rank and surname; the member calling shall then promptly identify himself in the same manner.
(10) 
Members of the Department having official business to transact by correspondence will first report the same to the Chief of Police for approval.
(11) 
Members of the Department shall salute the national colors as they pass on all public occasions, provided that they are facing the colors and their attention is not otherwise engaged. Members in uniform shall salute by uncovering and standing at attention. On all occasions when the national anthem is being played, members of the Department shall stand at attention.
(12) 
Members of the Department shall promptly turn over to the Chief of Police or officer in charge all lost or stolen property coming into their possession, taking receipt for the same.
(13) 
Members of the Department who are off duty are forbidden to use intoxicating liquors to any extent rendering them unfit for actual duty, as they are subject to call at any time their services are needed.
(14) 
Members of the Department assigned to duty in radio patrol cars or other vehicles of the Police Department are not permitted to carry any articles in such vehicles except in the actual performance of duty.
(15) 
Superior officers shall have authority to send before the Police Surgeon for medical examination any subordinate reporting for duty or found on duty in an unfit condition, if such condition is believed to be due to the improper use of intoxicants.
(16) 
No member of the Department shall leave the Borough for more than 24 hours without notifying the Chief or the officer in charge.
(17) 
Leave of absence for three days with full pay shall be granted a member upon the death of his wife, child, father, mother, sister of brother, provided that the member, before absenting himself, shall notify the Police Chief or the officer in charge.
[Adopted 1-22-2004 by Ord. No. 2004-01]

§ 107-12 Purpose.

For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Borough of Wallington Police Department and to authorize the outside employment of the Borough Police while off duty, the Borough hereby establishes a policy regarding the use of said officers.
A. 
Members of the Police Department shall be permitted to accept police-related employment for private employers only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty of the Borough.
B. 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police/Police Director or officer in charge, which approval shall be granted if, in the opinion of the Chief/Police Director or officer in charge, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officers who are to perform the work.

§ 107-13 Escrow accounts.

A. 
Any person or entity requesting the services of an off-duty law enforcement officer in the Borough of Wallington Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police/Police Director or officer in charge, and shall establish an escrow account with the Borough Clerk/Payroll Department of the Borough by depositing the amount sufficient to cover the rate of compensation and administrative fees set forth in this article for the total estimated hours of service.
B. 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police/Police Director or his designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police/Police Director or officer in charge shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Borough of Wallington. No officer shall provide any such service for more hours than are specified in the request for services.
C. 
In the event the funds in such an escrow account should become depleted, the services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
D. 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.

§ 107-14 Requests for services.

All requests to the Borough for the services of off-duty enforcement officers in the Borough of Wallington Police Department shall be forwarded to the Chief of Police/Police Director or officer in charge for posting before such services are required. Any law enforcement officers, when employed by the Borough of Wallington, shall be treated as an employee of the Borough; provided, however, that wages earned outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.

§ 107-15 Rates of compensation, administrative fees, payment for services.

[Amended 10-23-2008 by Ord. No. 2008-10]
Rates of compensation for contracting the services of an off-duty law enforcement officer is amended as follows:
A. 
The following rate schedules shall apply to any individual and/or business entity which falls within that class:
(1) 
Class A. All Class "A" individuals and/or business entities shall pay a charge of $27 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
(2) 
Class B. All Class "B" individuals and/or business entities shall pay a charge of $41 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
(3) 
Class C. All Class "C" individuals and/or business entities shall pay a charge of $70 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
(4) 
Wallington Board of Education. With respect to the Wallington Board of Education, the rate of compensation shall be $50 per hour.
(5) 
Borough vehicle. If a police car owned by the Borough of Wallington is used, the Borough shall receive $50 per hour.
B. 
At the time that any person or entity requests the services of an off-duty law enforcement officer, the Police Director or officer in charge/Chief of Police shall determine which class that person or entity falls within and shall charge the appropriate fee.
C. 
Payment of off-duty law enforcement officers for outside employment shall be made through the Borough's payroll process.