[Amended 6-4-2003 by Ord. No. 03-07-1266; 2-2-2005 by Ord. No. 05-01-1288; 8-9-2006 by Ord. No. 06-16-1318; 12-5-2007 by Ord. No. 07-10-1338; 12-18-2013 by Ord. No. 13-14-1457; 7-14-2021 by Ord. No. 21-25-1575; 3-16-2022 by Ord. No. 22-03-1585; 2-15-2023 by Ord. No. 23-02-1603]
The Police Department shall consist of no more
than, but not necessarily, one Chief, two Captains, two Lieutenants,
seven Sergeants and 17 patrolpersons. The Chief, Captains, Lieutenants,
Sergeants, patrolpersons and special officers, as may from time to
time be necessary, shall be appointed to these positions by resolutions
of the Mayor and Council.
[Amended 8-9-2006 by Ord. No. 06-16-1318]
The Chief shall be the head and supervisory
officer of the Police Department and shall be responsible to the Police
Committee as the "appropriate authority," for its proper functioning.
[Amended 8-9-2006 by Ord. No. 06-16-1318]
The Chief of Police, as the head of the Police
Department, shall:
A.
Be responsible for carrying out the established policies,
directions and instructions of the Police Committee, designated as
the "appropriate authority" as provided in N.J.S.A. 40A:14-118, which
are given to him/her in writing and which may be changed by the authority
from time to time.
B.
Keep all such written policies, directives and instructions
on file in his/her office.
C.
Establish and enforce rules and regulations for the
conduct of the Police Department.
D.
Issue to any member or members of the Police Department
such verbal or written orders affecting it or them as he/she may deem
necessary or as may be given to him/her by the Police Committee and
keep a copy of all written orders on file in his/her office.
E.
Recommend to the Police Committee the suspension of
any member of the Department for a willful violation or disregard
of any law, ordinance, rule, regulation or order.
F.
Promptly report to the Police Committee any member
of the force who, by reason of age, disease, accident or any other
cause, does not or cannot fully, promptly and properly perform the
duties required of him/her.
G.
Be responsible for the proper functioning of the Police
Department and the general condition and appearance of the officers
and personnel of the Department and shall inspect the members of the
Police Department at least once a month.
H.
Have power to grant emergency leaves of absence to
members of the Department when, in sound exercise of judgment, the
interest of the Borough and Department will not suffer by such absence.
I.
Require proper written record to be kept in the blotter
book at headquarters of all activities of the Department.
J.
Report to the Police Committee, in writing, any special
service on the part of a member of the Department which may be deemed
meritorious and worthy of special mention.
K.
Obtain clearance of the Police Commissioner before
leaving the Borough for a period in excess of 24 hours or beyond recall
for immediate duty.
L.
Make a monthly report, in writing, to the Mayor and
Council, showing the business transactions of the Department and containing
such suggestions and recommendations as deemed advisable and proper
for the government and discipline thereof and also make annual recapitulation
of the same.
M.
Be responsible to the appropriate authority and comply
with its written directives issued under N.J.S.A. 40A:14-118, paragraphs
(a), (b), (c), (d) and (e) thereof.
[Added 8-9-2006 by Ord. No. 06-16-1318]
The Deputy Chief, as the second in command of
the Police Department, shall:
A.
Rank next below the Chief of Police and shall assist
the Chief to perform the duties of the Chief.
B.
During the absence of the Chief of Police, assume
the duties of the Chief of Police and, during such period, exercise
the same powers, perform the same duties, and be subject to the same
rules and regulations as the Chief of Police.
C.
Have the supervision over all members of the Department,
excepting the Chief of Police.
D.
Make such personal inspection of the Borough of Cresskill
at such irregular and unusual hours as will be sufficient to be thoroughly
informed of all the existing conditions and to determine whether all
members of the Department are efficiently performing their duties.
E.
Cause a daily record to be kept in police headquarters
of all the transactions of the Department.
F.
Report to the Chief of Police, in writing, all complaints
against subordinates in the Department made by citizens or other members
of the Department.
G.
Hold conferences with the superior officers and such
other officers or clerks as deemed necessary and proper for the purpose
of discussing efficiency and cooperation for the mutual help and better
enforcement of the law and the prevention of crime and report the
results of same to the Chief in writing.
H.
Prepare, each September, a complete report for the
Chief of Police as to the conduct and efficiency of all subordinate
members of the Department. Said report shall include such recommendations
pertaining to changes in the personnel of the command as may be deemed
advisable to the best interests of the Department.
I.
Be responsible for the conduct and efficiency of the
members of the Police Department; for the condition and discipline
of the members; for the care and proper use of all apparatus and equipment;
and for the proper carrying out of the rules and regulations governing
the Police Department.
J.
Promptly and fully investigate all violations of the
rules and regulations of the Department or any neglect of duty that
might occur and shall make a prompt and full report thereon to the
Chief of Police.
K.
Report to the Chief of Police any reason rendering
the Deputy Chief unable to perform duties of Deputy Chief.
L.
Be responsible to the appropriate authority and comply
with its written directives issued under N.J.S.A. 40A:14-118, paragraphs
(a), (b), (c), (d) and (e) thereof.
[Added 8-9-2006 by Ord. No. 06-16-1318]
Officers of the Police Department shall rank in the order set forth in § 53-19, and in each rank seniority shall be determined by date of advancement to that rank.
The senior ranking officer on duty on any shift
shall be in charge of the Police Department during that shift, unless
relieved by an officer of higher rank, who shall thereupon sign an
entry in the blotter to that effect.
The ranking duty officer of the Department shall
have the same powers and duties as the Chief in his/her absence.
The desk officer, if a member of the Department,
shall have charge of the proper functioning of police headquarters
during the tour of duty, subject to the supervision of his or her
superior officers.
Appointments to the Police Department shall
be made by the Mayor and confirmed by the majority vote of the Council.
The Police Committee and the Chief of Police shall investigate and
report to the Mayor and Council their findings and make their recommendations.
The Mayor and Council shall then, after considering the investigative
report, findings and recommendations of the Police Committee and Chief
of Police, make its decision.
Applicants for appointment to the Police Department
shall be required to take and pass a written and physical examination,
as promulgated by the Chiefs of Police Association.
No person shall be appointed as a member of
the Police Department unless the person is:
A.
A citizen of the United States with residential requirements
as provided by state law.
B.
In good mental and bodily health.
C.
Able to read and write and speak the English language
intelligently.
D.
Free from conviction of a crime.
E.
Of good moral character.
F.
Within the age limits established by state law.
Within 10 days after appointment and before
entering upon the duties of office, each member of the Police Department
shall take and subscribe to an appropriate oath of office.
[Amended 7-14-2021 by Ord. No. 21-26-1576]
All new patrolpersons shall be initially appointed
for a 364-day probationary period, during which time the apprentice
may be arbitrarily dismissed at the discretion of the Mayor and Council,
with or without cause. The 364-day probationary period will begin
on the hiring date of the police officer if pre-qualified by alternate
route training or after successful completion of the Bergen County
Police Academy Training. At the end of this probationary period, if
the service of the probationer has been satisfactory, the Mayor and
Council shall confirm the apprentice as a regular member of the Police
Department with full rights as provided in this article.
[Amended 2-19-2014 by Ord. No. 14-03-1460]
A.
Promotions within the Police Department shall be made
by the Mayor and confirmed by the majority vote of the Council with
due regard to the length of service of the member of the Department
proposed to be promoted and the member's merit in the Department,
preference being given to a member who has served the longest period
of time in the Department. The Chief of Police is responsible for
administering the promotional process.
B.
No police officer shall be eligible for promotion
to a superior position unless first having served in the grade of
police officer in the Department. The Police Committee and the Chief
of Police shall investigate and report to the Mayor and Council its
findings and make its recommendations. The Mayor and Council shall
then, after considering the investigative report, findings and recommendations
of the Police Committee and Chief of Police, make its decision.
C.
Redress
of promotion process.
(1)
Within
10 days of the posting of candidate(s), any officer eligible for promotion
may file a written letter of appeal (together with any supporting
documentation). Said letter must contain the reason(s) or justification(s)
for an appeal and must be submitted to the Chief of Police, through
the appropriate chain of command. The Chief of Police will assess
the request, and make a determination of how the request will be addressed
on a case-by-case basis. Such requests shall include the review of
any evaluation or internal document(s) or documentation supplied by
the candidate that was used in the selection process related to the
appellant.
The Chief of Police shall submit to the Council
a list of eligible persons for consideration for appointment as special
officers. In compiling his/her list, the Chief of Police shall take
into consideration the training and qualifications of the persons
requesting appointment.
