[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 39 of the 1976
Code. Amendments noted where applicable.]
A.
A Police Department is hereby established in and for
the Township of South Hackensack.
B.
The Police Department shall consist of a Chief of
Police, a Deputy Chief, two Captains of Police, two Lieutenants, five
Sergeants and such other patrolpersons as the Township Committee may
deem necessary and special police officers as provided by this chapter.
[Amended 3-6-1986; 9-7-1989; 12-9-1989; 9-6-1990; 12-27-1991; 12-18-1997 by Ord. No. 97-14; 12-23-2008 by Ord. No. 2008-13; 2-11-2010 by Ord. No. 2010-01; 9-12-2013 by Ord. No.
2013-09]
D.
All appointees shall be on probation for a term not
exceeding three months from the date of appointment, at the end of
which probationary term their appointment may be revoked at pleasure
by resolution of the Township Committee.
E.
A patrolperson shall rank below a Sergeant; a Sergeant
shall rank below a Lieutenant; a Lieutenant shall rank below a Captain;
the Captain shall rank below the Deputy Chief and the Deputy Chief
shall rank below the Chief. In the event of a vacancy in the office
of Chief of Police, the Deputy Chief shall assume the duties of Chief
and the command of the department until that vacancy is filled. Any
officer inferior to another officer shall obey and perform any and
all orders and directions of any officer superior to him or her.
[Added 4-7-1994; amended 4-8-1999 by Ord. No. 8-99; 12-23-2008 by Ord. No. 2008-13; 2-11-2010 by Ord. No. 2010-01; 9-12-2013 by Ord. No. 2013-09]
The Township Committee may employ officers and
men or women temporarily in case of an emergency or for a term not
exceeding one year and discharge said temporary officers and men or
women at the expiration of the temporary employment. Said temporary
officers and men or women or special police shall not be members of
the police force, and their powers, rights and duties shall cease
and determine at the expiration of the term for which they were appointed.
Any such appointment of special police or temporary officers and men
or women may be revoked at any time without cause and without hearing.
Such temporary officers and men or women or special police shall have
all the powers of regularly appointed police and during their employment
shall be subject in all respects to the provisions of this chapter
and any rules and regulations established thereunder.
[Amended 6-27-1988]
A.
The Township of South Hackensack shall annually, as
soon after the reorganization of its body as may be possible, select
and designate one of its members who shall be known as the Police
Commissioner of the Township of South Hackensack, pursuant to N.J.S.A.
40A:14-118, and who shall be the appropriate authority. He or she
shall be in charge of and have supervision over the Police Department
of the Township of South Hackensack, subject always to the ultimate
control of the Township Committee.
B.
The Township Committee shall similarly annually select
and designate one of its members who shall be known as the Deputy
Police Commissioner of the Township of South Hackensack. The Deputy
Police Commissioner shall act only in the absence of the Police Commissioner.
C.
Neither Police Commissioner nor Deputy Police Commissioner
shall be members of the Police Department, and they shall receive
no compensation as such.
D.
The aforedesignated statutory "appropriate authority"
is hereby authorized and directed to enact such amendments and supplements
to the Manual of Rules and Regulations Governing the Police Department
and the Conduct of Its Members with the concurrence of the Chief of
Police, which amendments or supplements shall be effective upon personal
service on the members and offices of that Department.
[Added 12-18-2000 by Ord. No. 21-00]
[Amended 6-27-1988]
The Police Commissioner shall be responsible
for the efficient conduct and good order of the Department and shall
promptly report to the Township Committee each and every case of any
dereliction of duty coming to his or her knowledge and also any complaints
made against any member of the Department, pursuant to N.J.S.A. 40A:14-118.
The Police Commissioner shall adopt and promulgate rules and regulations
for the government of the force and for the discipline of its members.
The Chief of Police shall be subordinate to
the Police Commissioner or Deputy Police Commissioner and shall be
the chief executive officer of the members of the force. He or she
shall obey and shall cause the members of the Department under him
or her to obey the rules and regulations established by the Township
Committee or by the Police Commissioner with the approval of the Township
Committee and the ordinances of the Township of South Hackensack and
the laws of the state. He or she shall at once repair to the scene
of fires, riots, tumultuous assemblages or other places where crowds
are likely to congregate and take command of the police force present
and use every exertion to save property, disperse mobs and rioters
and arrest such persons as he or she may find engaged in disturbing
the peace and abetting others so to do, and shall be at all times
vigilant in enforcing all laws and ordinances of the Township of South
Hackensack.
A.
There shall be kept in the office of the Chief of
Police a book to be called "blotter," in which shall be entered the
name and address, if known, of each and every person charged with
an offense, the nature thereof and the disposition thereof by a court
or judicial officer before whom the offender may be brought for hearing
or trial. Such record shall also contain the time of the arrest and
by whom arrested and the names and residences of the witnesses, together
with a short statement of the circumstances surrounding the same.
Said blotter shall be maintained in the manner fixed by the Township
Committee or the Police Commissioner.
B.
It shall, however, be the duty of each member of the
Department to keep a record of any unusual occurrence which may come
under his or her observation while on or off duty and to enter the
same in his or her own handwriting upon a record book in the custody
of the Chief of Police. Such entries are to be made daily, in ink,
and signed by said members.
C.
All such records and any other records kept by the
Department shall be the property of the Township of South Hackensack
and shall be delivered upon demand to the Township Clerk upon resolution
of the Township Committee.
[Amended 6-27-1988]
The Chief of Police, subject at all times to
the approval of the Police Committee, shall exercise the following
and do and perform the following duties:
A.
Be in full control of uniformed police and plainclothed
police assigned to the Detective Bureau and shall arrange and determine
the hours of services, assign tours, beats and special details and
have complete control of traffic regulations.
B.
Be held responsible for the conduct, appearance and
efficiency of the Police Department of the Township of South Hackensack.
All members of the said Department, whether superior officers or patrolpersons,
shall obey his or her orders and directions.
C.
Conduct an educational program for the members of
the Police Department and shall instruct them in the proper manner
of the enforcement of local ordinances and shall train and develop
the individual members of the police force in their various duties.
D.
Be held strictly responsible for the preservation
of the public peace in the Township of South Hackensack and, to ensure
good order, shall post the members of the Department in such parts
of the Township as he or she may deem expedient.
E.
With the assistance of such officers as may be detailed
by him or her for that purpose, keep a day-by-day record of all dispatched
calls and activities related to the protection and assistance of the
public and such other books and records as may be necessary for the
proper conduct of the Police Department of the Township of South Hackensack.
F.
Purchase all supplies and cause all necessary repairs
to be made to equipment and other items required by the Police Department,
but such purchases and repairs shall be made through the Township
Clerk upon authorization from the Police Commissioner.
G.
Furnish to the Police Commission on the first day
of each month a detailed statement of the operations of the Police
Department of the Township of South Hackensack for the preceding month,
together with a statement showing the sources from which all moneys
were received by the Department from fees, licenses, etc., during
the said month. All moneys collected shall be turned over immediately
to the Township Treasurer.
H.
Enforce in the Township of South Hackensack the laws
of the state, ordinances of the Township and such rules and regulations
relating to the South Hackensack Police Department as may be adopted
from time to time by the appropriate authority with the recommendation
and approval of the Township Committee of the Township of South Hackensack.
I.
Administer and enforce special emergency directives
for the disposition and discipline of the force and its officers and
personnel.
J.
Delegate such of his or her authority as he or she
may deem necessary for the efficient operation of the force to be
exercised under his or her direction and supervision.
A.
The officers and men and women appointed to the said
Department shall severally hold their respective offices and continue
in their respective employment during good behavior, efficiency and
residence in the Township of South Hackensack.
B.
No person shall be removed from office or employment
therein for political reasons or for any other cause than incapacity,
misconduct, nonresidence or disobedience of the just rules and regulations
established or which may hereafter be established for the regulation
of such Police Department, provided that any member of such police
force who shall be absent from duty without just cause for a period
of five days continuously shall, at the expiration of such five days,
cease to be a member of such police force.
C.
Police
recruit hiring credentials:
[Amended 5-10-2012 by Ord. No. 2012-07; 5-9-2019 by Ord. No. 2019-02]
(1)
Statutory requirements: Each prospective member of the Police Department
shall meet the requirements set forth in N.J.S.A. 40A:14-122 as the
same may be amended from time to time.
(2)
Educational/military requirements: Each prospective member of the
Police Department shall have the following credentials:
(a)
Possess a high school diploma or GED; and
(b)
Possess either a bachelors degree or an associate's degree or
have completed at least 60 college credits; or
(c)
The requirements set forth in Subsection C(2)(b) above shall be waived for those applicants who have either completed a minimum of two years of military service and having been honorably discharged or have served as a sworn police officer and/or corrections officer for a jurisdiction within the State of New Jersey for a minimum of one year.
(3)
Conditions of hire:
(a)
Drug, physical and mental testing: As a strict condition of
hire each prospective member shall pass a drug test administered in
accordance with the standards and guidelines utilized by the New Jersey
State Police. Each prospective member shall also take and pass all
physical, psychological and behavioral testing sufficient to satisfy
a police academy in the State of New Jersey for the purposes of enrollment.
(b)
Criminal background/motor vehicle record: As set forth in N.J.S.A.
40A:14-122 each member shall be of good moral character and shall
not have been convicted of a crime involving moral turpitude or any
crime greater than a petty disorderly offense as the same is defined
by the New Jersey Criminal Code. Each member shall posses a valid
New Jersey driver's license and shall have a driving record which
indicates that said license has never been suspended for a singular
moving violation or an accumulation of points resulting in a suspension
of said license in this or any other state.
(c)
Police academy training: As a strict condition of hire each
prospective member shall pass all phases of training administered
by a police academy recognized in the State of New Jersey and be certified
in accordance with the standards of said academy for hire as a police
officer in the State of New Jersey or in the alternative produce valid
documentation that said certification has been obtained.
D.
Procedural requirements:
[Added 5-10-2012 by Ord. No. 2012-07; amended 5-9-2019 by Ord. No. 2019-02]
(1)
Advertisement of position: The Township Committee, in its sole an
absolute discretion, may determine from time to time to hire members
of the South Hackensack Police Department. In the event that the Township
Committee makes said determination it shall direct the Township Clerk
to post a notice of said opening on the Municipal bulletin board,
Municipal website and in at least two of the official newspapers of
the Township. Said notice shall set forth the number and type of opening,
how to apply and the deadline for said application.
(2)
Application: Each prospective member of the Police Department shall
complete an application for hire in the form and in accordance with
the procedures set forth in the Township of South Hackensack Personnel
Policies and Procedures Manual and submit the same to the Township
Clerk.
(3)
Criminal background check and driver's abstract: Each prospective member of the Police Department upon completing and submitting an application as set forth in Subsection D(1) above shall have consented to the South Hackensack Police Department or other agency authorized by the Township ordering a current New Jersey driver's abstract which shall become part of the application. In addition said applicant by submitting said application shall have consented to supplying fingerprints and any other information necessary to complete a criminal background check. Said information shall also become a part of the application packet. The Township shall assess a nonrefundable application fee of $50 to defray the costs of the work required to comply with the conditions set forth in the chapter.
(4)
Initial application screening: The initial screening of applicants
for police officer shall be conducted by the South Hackensack Police
Department under the supervision of the Chief of Police. The Chief
of Police shall determine if any applicant merits disqualification
and which applicants, if any, are qualified and merit advancing in
the appointment/hiring process. Records shall be maintained of any
disqualifications and any questions regarding whether a candidate
should be rendered disqualified shall be discussed with the Township
Attorney.
(5)
Interview process: After conducting the initial screening the Chief
of Police shall interview any applicant that he/she believes is qualified
and merits being considered for appointment. At the conclusion of
said interviews the Chief of Police shall formulate a list of applicants
whom he/she judges to be qualified for and that he/she recommends
to be considered for appointment by the Township Committee.
(6)
Hiring procedure: Upon receipt of the list and supporting materials from the Chief of Police referenced in Subsection D(5) above the Township Committee shall meet with the Chief of Police to discuss and consider the applicants on the list. The Township Committee may elect to interview any or all of the applicants on the list. The Township Committee shall determine which applicants, if any, shall be appointed as police officers and shall direct the Township Attorney and Township Clerk to prepare an appropriate authorizing resolution to be placed upon the agenda at an open public meeting for consideration and potential adoption by the Township Committee. Each appointment shall be conditioned upon the completion of the testing and training set forth in Subsection C(3)(c), entitled "police academy training," above.
(7)
Alternate
hiring procedure.
[Added 12-27-2021 by Ord. No. 2021-17]
(a)
The Township may suspend the procedures set forth in Subsection D, Procedural requirements, except for Subsection D(3), upon a declaration of emergent circumstances. In order to declare an emergent circumstance under this provision the Township Committee must first receive a written notification from the Chief of Police indicating that staffing levels are insufficient in his or her opinion and should be increased. Said written notification shall also indicate a reason why the usual hiring procedures cannot or should not be implemented. Upon receipt of said written notification from the Chief of Police the Township Committee shall review and debate the same as necessary and declare by resolution to either grant or deny the Chief's request to implement the alternate hiring procedure. Said alternate hiring procedure shall only be granted upon a 2/3 vote of the full Township Committee.
(b)
In the event that the Township Committee invokes the alternate
hiring procedure the Chief of Police shall not later than 30 days
after said declaration submit a name or names of prospective hires
to the Township Committee for consideration. Said potential hire(s)
shall meet all other requirements set forth in this subsection. As
a further requirement of said alternate hiring procedure the potential
hire(s) shall either be a current sworn police officer or well known
to the Chief of Police for a minimum of five years and/or within the
employ of the Township for a minimum of one year to be considered
for hire.
[Added 12-18-2000 by Ord. No. 21-00]
Pursuant to N.J.S.A. 40A:14-118, there is hereby adopted the Manual of Rules and Regulations Governing the Police Department and the Conduct of its Members, dated December 2000, as the official set of rules and regulations for the government, discipline, administration and operation of the Police Department of the Township of South Hackensack and its officers and members; compliance with said manual shall hereafter be required of all officers and members of the Police Department as the same applies to them. The manual may from time to time be amended and/or supplemented by the statutory "appropriate authority" designated in § 52-3D of this chapter with the concurrence of the Chief of Police, and such amendment or supplement shall become effective upon each officer or member of the Department immediately after personal service of the same on such officer or member.
The superior officers and members of the Police
Department shall receive such salaries and shall be entitled to such
other benefits as shall be provided for in the annual Salary Ordinance.[1]
All officers and members of the said Police
Department shall have, possess and exercise all of the police powers
of a constable and peace officer. They shall also have the power to
serve and execute all process issuing out of the Municipal Court,
by whatsoever name the same may be known, of the Township of South
Hackensack.
It shall be the duty of the members of the Police
Department at all times of the day and night, and they are accordingly
hereby empowered, to:
A.
Especially preserve the public peace.
B.
Prevent crime and detect and arrest offenders.
C.
Suppress riots.
D.
Protect the rights of persons and property.
E.
Guard the public health.
F.
Preserve order at elections.
G.
Remove nuisances existing in the public streets, highways
and places.
H.
Repress and restrain disorderly houses.
I.
Arrest all street beggars and mendicants.
J.
Provide proper police attendance at every fire.
K.
Enforce every law and ordinance relating to the suppression
or punishment of crime.
L.
Perform such other duties as may be enjoined upon
them by law or ordinance or by rules and regulations prescribed by
the Township Committee or by the Police Commissioner with the approval
of the Township Committee.
M.
Comply with the Manual of Rules and Regulations Governing
the Police Department and the Conduct of Its Members, adopted in December
2000, as the same may be supplemented and/or amended, after such supplement
or amendment is personally served upon the subject officer or member.
[Added 12-18-2000 by Ord. No. 21-00]
It shall be the duty of the members of the Department
to make complaints to the Judge of the Municipal Court or other proper
officer against every person suspected of any criminal offense or
of the violation of any of the ordinances of the Township, to arrest
all criminals without a warrant in case such police officer shall
be a witness to the commission of the offense, and, in all cases in
which a serious crime has been committed or where there is good reason
to suspect that a crime is about to be committed, to arrest all vagrants,
drunkards, prostitutes, persons disturbing religious meetings and
persons exposing their persons in an indecent manner, and they shall
stop and arrest all persons carrying or conveying goods under circumstances
which would indicate that the same have been stolen, particularly
at night, if the appearance and manner of the party, his or her account
of the goods and all the circumstances of the case shall leave no
doubt that the goods have been stolen, and they shall arrest the person
or persons and take possession of the goods.
Each of the members of the Department shall
wear a shield, the emblem of his or her office, conspicuously displayed
upon his or her left breast when on duty, and shall wear such uniform
or dress and be provided with a baton or such other weapon or weapons
as may be provided by the Township Committee.
All members of the Department shall be liable
to be called upon to perform services if circumstances require in
any part of the Township or at any time of the day or night and shall
be considered to be always on duty, and no member of the Department
shall leave the Township or be absent from duty without written permission
of the Police Commissioner; provided, however, that the foregoing
shall not apply to special or temporary police except during the period
of time that they may actually have been assigned to duty.
Any member of the Police Department may be removed
from office, suspended and/or fined, as herein provided for, in addition
to any other punishment to which he or she may be subject as provided
by law, against whom any of the following charges may be substantiated:
A.
Intoxication while on duty.
B.
Willful disobedience of orders.
C.
Indecent, profane or harsh language.
D.
Disrespect to a superior.
E.
Unnecessary violence to prisoners or citizens.
F.
Leaving his or her assigned duty without good reason.
G.
Neglect in paying his or her just debts for rent or
necessities contracted while a member of the Department.
H.
Immorality, indecency or lewdness.
I.
Absence without leave.
J.
Incompetency, lack of energy and incapacity, mental
or physical.
K.
Entering a house of prostitution or assignation, gambling
houses or rooms, saloons or sporting houses of any description while
on duty, unless in the discharge of duty.
L.
Sleeping on duty.
M.
Neglect of duty.
N.
Violating any criminal law or penal ordinance.
O.
Making known any proposed move of the Department.
P.
Conduct unbecoming an officer and a gentleman.
Q.
Conduct subversive of good order and the discipline
of the force.
R.
Violating rules and regulations governing the Municipal
Court.
S.
Refusing to do duty of any kind whenever necessity
requires, whether on duty or not.
T.
Violation of any requirement of the Manual of Rules
and Regulations of the Police Department and the Conduct of Its Members,
as the same may be amended and/or supplemented, after the personal
service of such amendment or supplement upon the subject officer or
member.
[Added 12-18-2000 by Ord. No. 21-00]
[Amended 12-18-2000 by Ord. No. 21-00]
No member or officer of the Police Department
shall be removed from his office, employment or position for political
reasons or for any cause other than incapacity, misconduct, disobedience
or violation of the Manual of Rules and Regulations of the Police
Department and the Conduct of its Members of the Township of South
Hackensack as then in effect. No such member or officer shall be suspended,
removed, fined or reduced in rank from or in office, employment or
position therein, except for just cause as hereinbefore provided and
then only upon a written complaint setting forth the charge or charges
against such member or officer. The complaint shall be filed with
the Township Committee through the Township Clerk, and a copy shall
be served upon the member or officer so charged, with notice of a
designated hearing thereon by the Township Committee, which service
shall be made not less than 10 nor more than 30 days from date of
service of the complaint. Such complaint shall be filed no later than
the 45th day after the date on which the person filing the complaint
obtained sufficient information to file the matter upon which the
complaint is based. The forty-five-day time limit shall not apply
if an investigation of a law enforcement officer for a violation of
the internal rules or regulations of the law enforcement unit is included
directly or indirectly within a concurrent investigation of that officer
for a violation of the criminal laws of this state. The forty-five-day
limit shall begin on the day after the disposition of the criminal
investigation. The forty-five-day requirement for the filing of a
complaint against an officer shall not apply to a filing of a complaint
by a private individual. A failure to comply with said provisions
as to the service of the complaint and the time within which a complaint
is to be filed shall require a dismissal of the complaint as provided
in N.J.S.A. 40A:14-147. If any member or officer has been suspended
pending a hearing as a result of a charge made against him or her,
such hearing, except as otherwise provide by law, shall be commenced
as required by N.J.S.A. 40A:14-149 within 30 days from the date of
the service of the copy of the complaint upon him or her.
Any member of the Department, upon being ordered
so to do by a superior officer, shall deliver to such superior any
badge, keys, baton, papers or other things or property which he or
she has in his or her possession by virtue of his or her office as
a member of the Department.
[Added 5-7-1981; amended 6-26-1991; 12-27-1994; 12-19-1996 by Ord. No. 96-14]
Fees for certain services extended and materials distributed by the Police Department shall be as provided in Chapter 108, Fees. All fees shall be payable upon completion of services.
[Added 3-29-2001 by Ord. No. 5-01]
A.
Any person, firm or corporation desiring special private
police service or protection, when there is no imminent peril to life
or property or other emergency which would require the public services
of the members of the Police Department pursuant to their duties as
otherwise provided in this chapter, such person, firm or corporation
may request the same from the Police Chief or his or her designee
who, in his or her own discretion, shall determine whether the services
so requested can reasonably be made available and which of the officers
and equipment shall be assigned to duty in providing such services.
B.
Upon a determination as aforesaid by the Chief or
his or her designee that the requested special private protection
services can be furnished without prejudicing the effectiveness of
the Police Department in the exercise of its public duties, he or
she shall thereupon calculate an estimate of the cost to the Township
in providing such services. For that purpose, the estimated cost shall
be calculated as follows:
[Amended 6-14-2001 by Ord. No. 10-01]
(1)
The cost to use any motor vehicle: $25 per vehicle
per hour.
[Amended 9-12-2013 by Ord. No. 2013-08]
(2)
Personnel costs: The cost for services of any police officer shall
be a rate of $150 per hour per officer.
[Amended 9-12-2013 by Ord. No. 2013-08; 5-11-2017 by Ord. No. 2017-07]
(4)
An administrative charge equal to 10% of the total
initial estimate calculated as aforesaid.
C.
The Chief of Police or his or her designee shall thereupon
advise the person, firm or corporation requesting such services and
also advise the Township Treasurer of the total anticipated cost of
the approved services. The person, firm or corporation requesting
the special private protection services shall pay to the Treasurer
in escrow to abide the actual cost thereof, when finally determined,
a sum equal to 175% of the estimated cost; such payment shall be made
no later than 24 hours before the commencement of such services except
in emergency circumstances and when allowed by the Chief or his or
her designee but, nevertheless, in either event before the commencement
of the services.
D.
During the term of such special private services,
the Chief of Police or his or her designee shall, from time to time,
advise the Treasurer of the progress of the same and shall further
alert the Treasurer should it appear that the cost of such services
may exceed the original estimated cost calculated as aforesaid and
shall advise of the excess cost anticipated. If, at any time during
the course of performing the approved special services, it reasonably
appears to the Treasurer that the total fund on deposit in escrow
as aforesaid does not exceed the anticipated total charge by 50%,
then the Treasurer shall immediately notify the person, firm or corporation
receiving such services of such deficiency and require immediate further
payment on account of a sum at least equal to such anticipated deficiency.
In the event that such payment to cover the aforesaid deficiency is
not immediately made, the Treasurer shall notify the Chief of Police
or his or her designee, who shall thereupon order that all further
special protection services shall cease.
E.
Upon a final determination by the Treasurer and the
Chief of Police or his of her designee that all of the costs of the
special services for which a particular escrow account was created
have been charged against that cost, then the Treasurer shall pay
any sums remaining in that account to the person, firm or corporation
having deposited the same.
[Added 5-10-2012 by Ord. No. 2012-06]
A.
Appointment
and term. The Township Committee shall appoint such number of crossing
guards as it deems necessary for the safety of the residents of the
Township. The Township Committee shall make such appointments after
due consideration of the recommendations of the Chief of Police and
appropriate criminal background checks. Said appointments shall be
for a period of one year commencing upon the date of said appointment
and terminating on December 31.
B.
Duties.
A crossing guard shall work under the direction of the Chief of Police.
He or she shall not be considered a member of the South Hackensack
Police Department, nor shall he or she be entitled to any of the rights
and benefits under any collective bargaining agreement between the
Township and the South Hackensack Police Department. Said employees
shall be considered part-time employees whose hours of work shall
be set by the Chief of Police in consultation with the Police Commissioner.
A crossing guard’s primary function shall be to ensure the safe
passage of pedestrians and school children across and through the
Township streets and right-of-way at posts and times designated by
the Chief of Police.
C.
Compensation.
Crossing guards shall receive a rate of pay as established in the
Salary Ordinance.
