Borough of Norwood, NJ Police Department

Promotions. The Police Chief shall recommend to the Mayor and Council for final action and appointment all persons to be promoted in rank. The Mayor and Council shall have the right to solicit the advice and suggestions of the Chief of Police in regard to persons to be considered for promotion, but they shall not be limited to persons whom the Chief of Police suggests. The Mayor and Council shall evaluate the candidates and make a determination as to whom they wish to appoint. In regard to making such determinations, they shall give due consideration to the member or members suggested for promotion in regard to the length and merit of the candidate's service and qualifications and preference shall be given according to seniority and service, if appropriate, pursuant to the laws of the State of New Jersey and specifically N.J.S.A. 40A:14-129. The Mayor and Council shall have the right to appoint a person of their choice, provided that they adhere to the prerequisites provided for in N.J.S.A. 40A:14-129 and any other applicable statutes.

The Mayor and Council shall interview each and every candidate. Factors to be considered by the Mayor and Council in considering the candidate's ability shall be:

(a)

Performance and leadership skills.

(b)

Educational background.

(c)

Training.

(d)

Supervisory experience.

(e)

Attitude:

Use of sick time.

[2]

Efforts in supporting the Department's goals and objectives.

[3]

Handling the Department's equipment.

[4]

Rapport with fellow employees and the public.

(f)

Demeanor.

(3)

Promotions. All promotions shall be made from within the membership of the Department as constituted at the time of such promotion. All members of the Police Department hired after January 1, 2005, in order to be promoted to Sergeant or above, must have a bachelor's degree or have served a minimum of three years in the United States Armed Services and have received an honorable discharge.

(4)

Eligibility.

(a)

Sergeants. Candidates must have completed three years in the rank of patrolman, in this Department.

(b)

Lieutenants and Captains.

Candidates must have completed one year in the rank of Sergeant of this Department. (Time performing as Acting Sergeant is not to be counted.)

[2]

The requirements for all candidates for Lieutenant or Captain shall be as follows:

[a]

Must be a full-time sworn officer of this Department.

[b]

Must have completed at least seven years as police officer with at least three years as a member of this Department.

§ 50-4 Qualifications.

Members of the Police Department shall be:

Citizens of the United States and otherwise qualified for appointment as provided in N.J.S.A. 40:47-1 et seq.[1]

Editor's Note: Repealed by P.L. 1971, c. 197. See now N.J.S.A. 40A:14-118 et seq.

Of good mental and physical health, sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey and otherwise be eligible for membership in that system.

Able to read, write and speak the English language well and intelligently.

Of good moral character and free from conviction of any crime involving moral turpitude.

Not less than 21 years of age nor more than 35 years of age, except as provided by law in the case of veterans.

Able to pass any written, oral and physical examination conducted under the auspices of the New Jersey Police Training Commission. This subsection shall not be interpreted as to require the Mayor and Council to administer any such testing.

Willing to take an oath before entering upon the duties of their office and within 10 days after their appointment to support the Constitution of the United States, the Constitution of the State of New Jersey and to faithfully, impartially and justly perform all duties as a member of the Police Department of the Borough according to the best of their ability and understanding.

Each applicant shall comply with all of the rules of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Borough unless such person has first been given a probationary or temporary appointment to such office for a period of not longer than one year, and has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1961.[2]

[2]

Editor's Note: See N.J.S.A. 52:17B-66 et seq.

Bachelor's degree or have served a minimum of three years in the United States Armed Services and have received an honorable discharge.

§ 50-5 Powers and duties.

The rights, privileges, powers and duties of the members of the Police Department, including special officers, marshals or temporary officers, shall be those prescribed by the laws of the State of New Jersey, the provisions of this Code and other ordinances and resolutions of the Borough and such rules and regulations which may from time to time be established by the Police Commissioner.

Members of the Police Department shall devote their whole time and attention to their duties. Notwithstanding that certain hours are allotted to the members of the Police Department in the performance of their duties, they shall at all times be prepared to return to duty immediately upon notice that their services are required.

Members of the Police Department shall have the power to serve and execute all processes issuing out of the municipal and criminal courts of the State of New Jersey.

Members of the Department, while on duty at drills or in court on police cases, shall wear the full regulation uniform unless excused by the Chief of Police. Plainclothes officers appearing in court on police cases shall wear their badge on the left breast of their outermost garment. Members in uniform shall wear their badge conspicuously on the left breast of their outermost garment.

Members of the Police Department, while on duty, shall carry full equipment. In particular, firearms carried by members of the police force shall be kept clean, well lubricated and safe at all times. All members of the Police Department shall keep their firearms fully loaded while actually on duty.

All members of the Police Department shall cause to be entered in the police blotter the name and address of each person arrested, the time and place of arrest, the offense charged, the name and address of the complaining party, the name of the officer making the arrest and a list of all property taken from the prisoner.

Members of the Police Department shall make written reports of any violations of law or ordinance coming to their knowledge.

Patrolmen reporting for duty shall report to the officer in charge of the desk fully equipped for inspection and instructions before proceeding to duty.

§ 50-6 Vacations and sick leave.

Each member of the Police Department shall annually be allowed a vacation with pay, the length thereof to be determined in accordance with the collective bargaining agreement in effect at that time.

Any member of the Police Department injured in the performance of his/her duty may, at the discretion of the Mayor and Council, be excused from duty without loss of pay for a period not exceeding one year from the date of the injury.

Any member of the Police Department unable to report for duty when required because of sickness or injury shall immediately report that fact to the Chief of Police or, in his/her absence, to some other superior officer in person if possible. If he/she cannot report in person, he/she shall send the report by a member of his/her family or some other person or by signal box or telephone.

No member of the Police Department shall be absent from duty unless excused by the Chief of Police or, in the Chief's absence, some person designated by him/her. After an officer has reported sick and is not able to report for duty, he/she must not leave his/her house except in the case of an emergency without notifying the Chief of Police or, in his/her absence, the person designated by him/her or the Police Commissioner. Members of the Police Department shall be paid for time off while sick at the rate of one day per month for each month of service in the past five years less days already taken.

§ 50-7 Chief of Police.

The Chief of Police is the ranking and commanding officer of the Police Department. The Chief shall be responsible for the enforcement of all laws and ordinances within the Borough, for the enforcement of all ordinances and rules and regulations relating to the Police Department, for the proper conduct of the members of the Police Department, and for the efficient operation of the Police Department.

The Chief of Police shall have the power to assign any member of the Police Department to his/her respective duties and to require any member of the Department to perform any assigned duty.

The Chief of Police shall furnish to the Police Commissioner complete monthly and yearly reports of Departmental activities, covering such matters as may be requested, as well as daily blotter reports when requested and any other reports which the Police Commissioner shall require.

The Chief of Police shall have under his/her control all records of property of the Police Department. He/she may designate any member of the Police Department to prepare these reports and keep the records in any manner that he/she may prescribe, as well as to take charge of any property belonging to or coming into custody of the Police Department.

The Chief of Police shall see that all persons connected with the Police Department are properly instructed in their duties and shall give particular attention to the training and instruction of new members of the Department.

§ 50-8 Police Captain.

The Police Captain will have the following powers and duties in addition to those that may be prescribed by other laws or ordinances:

He or she will assume command of the Police Department whenever the Chief of Police is absent or is unable to exercise command and will perform all other duties that are assigned by the Chief of Police.

He or she will frequently test the knowledge and proficiency of all the officers assigned to his or her command and will inspect conditions of their posts and assume the responsibility of seeing that all general and special orders of the Department are carried out.

He or she will promptly obey all orders received from the Chief of Police; will carefully study and thoroughly understand all rules, regulations and orders; and will note any case of misconduct or neglect of duty by members of the Police Department.

§ 50-9 Lieutenant.

The Lieutenant will have the following powers and duties in addition to those that may be prescribed by other laws or ordinances:

He or she will promptly obey all orders received from the Chief of Police and Police Captain; will carefully study and thoroughly understand all rules, regulations and orders; will supervise Sergeants of the Police Department; and will note any case of misconduct or neglect of duty by members of the Police Department.

§ 50-10 Sergeants.

Sergeants shall have immediate supervision of patrolmen assigned to foot patrol, radio car patrol and traffic duty in their respective districts, and shall constantly patrol the posts of the men under them, see each one as often as practical and enforce the performance of duty.

Sergeants shall report to their commanding officer all delinquencies or violations on the part of men under their command.

Sergeants shall inspect the memorandum books of the patrolmen under their command and see to it that all reports required to be filed by the men under their command are filed with the appropriate officer of the Department.

Sergeants shall also perform such other duties as may be assigned to them by the Chief of Police.

§ 50-11 Special law enforcement officers.

Authorization for officers. In accordance with the provisions of the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8 through 40A:14-146.18 (P.L. 1986, c. 2), as amended ("the Act"), the following special law enforcement officer positions are created:

No more than eight Class One officers; and

No more than three Class Three officers.

Definitions. All terms used in this section are as defined in the Act.

Qualifications and training. All special law enforcement officers will satisfy the applicable qualification and training requirements as stated in the Act for their class before they are appointed and before they begin to perform their duties, respectively.

Oath of office. Every law enforcement officer will, before entering upon the performance of his/her duties, take and subscribe to an oath or affirmation to bear true faith and allegiance to the government established in this state, under the authority of the people, to support the Constitution of the State of New Jersey, and to enforce and obey all local ordinances and regulations of the Police Department and to faithfully, impartially, and justly discharge and perform all the duties of his/her office, which oath or affirmation will be filed with the Borough Clerk, with a copy maintained in the Police Department personnel files. The oath or affirmation will conform to the wording of the state statutes, as the same may be changed from time to time.

Classification; powers and duties. The classifications of the special law enforcement officers are based upon the duties to be performed by the officers and are established as follows:

Special Class One officers are authorized to perform routine traffic detail, spectator control, and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his/her stead. Under N.J.S.A. 40A:14-146.11(a)(1), Class One officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the New Jersey Statutes Annotated at the discretion of the Chief of Police. The use of firearms by Class One officers is prohibited, and no Class One officer may be assigned any duties requiring the carrying or use of a firearm.

Special Class Three officers are authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in Norwood, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by an officer of this class shall be authorized pursuant to N.J.S.A. 40A:14-146.14. An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in N.J.S.A. 2C:39-6 authorizing retired law enforcement officers to carry handguns.

Appointment; terms. Special law enforcement officers will be appointed by the Mayor and confirmed by the Council for a term not to exceed one year. These appointments will be made at the annual reorganization meeting or at any other times that the Mayor and Council deems it necessary to make appointments. All appointments may be revoked by the Mayor and Council for cause after an adequate hearing, except appointments for four months or less, which may be revoked without cause or a hearing.

Powers of the Chief of Police. The Chief of Police, or, in the absence of the Chief, another superior officer designated by the Chief, may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations, not inconsistent with the certification requirements of the Act, as may be established by the Mayor and Council by ordinance.

Supervision and direction.

Special law enforcement officers will be under the supervision and direction of the Chief of Police or, in the absence of the Chief, another superior officer designated by the Chief of Police, and they will perform their duties only in the Borough, unless in fresh pursuit of any person pursuant to Chapter 156 of the Title 2A[1] of the New Jersey Statutes.

Editor's Note: See N.J.S.A. 2A:156-1 et seq.

Special law enforcement officers will comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Police Department, as well as any rules and regulations applicable to the conduct and decorum of special officers.

Compensation. Special law enforcement officers will receive a salary from the Borough for the performance of their duties as authorized by salary ordinances to be adopted by the Mayor and Council from time to time.

Uniforms. The Chief of Police will determine the uniforms of special law enforcement officers in compliance with N.J.S.A. 40A:14-146.12.

Hours of duty.

Except as provided in Subsection K(2) of this section, no Class One special law enforcement officer may be utilized for more than 20 hours per week, except that special law enforcement officers may be employed without limitation as to hours during periods of emergency.

The Chief of Police may designate one Class One special law enforcement officer to whom the limitations on hours employed set forth in this section shall be not be applicable.

(3)

Special law enforcement officers may be employed only to assist the Police Department and may not be employed to replace or substitute for full-time, regular police officers, or in any way diminish the number of full-time officers employed by the Borough.

§ 50-12 Rules and regulations.

The Mayor and Council of the Borough of Norwood is designated as the appropriate authority to adopt, by resolution, rules and regulations for the government of the Police Department, pursuant to N.J.S.A. 40A:14-118.

The Chief of Police shall review the rules and regulations, on an ongoing basis, and may recommend changes or updated provisions to the Police Commissioner for consideration by the Mayor and Council.

§ 50-13 Discipline.

All officers and members of the Police Department, and all emergency and special law enforcement officers, if any, shall comply with the rules and regulations adopted for the government of the Department and with the orders of their superior officers not inconsistent therewith, as well as all policies and procedures established by the Chief of Police, the Bergen County Prosecutor, and the Attorney General of the State of New Jersey, and as required by N.J.S.A. 40A:14-181 regarding guidelines for internal affairs.

Members and officers of the Police Department may be suspended, removed from office, fined, or reduced in rank in accordance with the procedures set forth in the rules and regulations adopted by the appropriate authority, and all applicable provisions of state law regarding police discipline, including, but not limited to, N.J.S.A. 40A:14-147 to 40A:14-151 and 40A:14-181.

§ 50-14 Table of Organization.

The Chief of Police shall, with the advice and consent of the Police Committee and subject to governing body review, prepare a Table of Organization of the Police Department. This table shall be reviewed periodically and revised, upon recommendation of the Chief of Police, when necessary to assure that the Department is properly organized to fulfill its obligations. The Table of Organization may include both regular and civilian members of the Police Department.

§ 50-15 Detective Bureau.

There is hereby created and established within the Police Department of the Borough of Norwood a Detective Bureau.

A superior officer of the Police Department of the Borough shall be in command of the Detective Bureau, and the officer so assigned shall be responsible for the proper and efficient operation of the Bureau. Nothing herein contained shall prevent the superior officer from being assigned to other duties within the Department as may be required. The officer so assigned shall be responsible for the appropriate and proper operation of the Detective Bureau and shall supervise all of its activities and make all assignments of all officers assigned to duty within the Bureau, subject to the standing orders of the Chief of Police of the Department as may be promulgated. The commanding officer of the Detective Bureau shall submit such written reports concerning the functioning of the Bureau as may be required by the Chief of the Department.

The Chief of Police may assign up to two members of the Department to duty in the Detective Bureau, and may change these assignments at any time that the Chief deems appropriate.

The police officers assigned to the Detective Bureau will be designated as Detective Sergeant and Detective. They will be paid the salaries and other compensation that the Mayor and Council established by ordinance.

The Detective Bureau shall function under the command of the superior officer assigned to said duty and shall be subject to all of the provisions of the ordinance establishing the Police Department within and for the Borough of Norwood.

§ 50-16 Clerk of Police Department.

There shall be a Clerk of the Police Department of the Borough appointed by the Mayor with the advice and consent of the Council for a term of one year, ending on December 31 of each year. The first appointed person shall serve for the balance of that calendar year. Prior to his or her appointment, the Clerk of the Police Department shall be qualified by training and experience to perform the duties of a clerk-typist and secretary within the Police Department. He or she shall attend to all those duties as shall be required by the Police Commissioner of the Borough. He or she shall perform such clerical duties as shall be necessary and appropriate to carry on the business of the Police Department. The Clerk shall, under the direction of the Police Commissioner and, where appropriate, under the direction of the Chief of Police and other officers, keep records necessary, required and appropriate for the efficient functioning of the Police Department of the Borough.

§ 50-17 Reimbursement for police services by private contractors.

Police services. Members of the Police Department shall be available for service as traffic direction or security personnel for private contractors only at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough, with the approval of the Chief of Police. The applications for such services shall be made, in writing, to the Chief of Police. The application by the private contractor shall set forth pertinent information concerning the type of work to be engaged in, the name and address of the prospective private contractors and the estimated duration of such service. The application for such services shall be reviewed by the Chief of Police to determine if there is any reasonable probability that such outside employment will interfere with a member's performance or compromise a member's position with the Borough through a conflict of interest or if there is any reasonable probability that the particular service requested would reflect unfavorably upon the policemen involved or upon the Police Department.

Payment.

Private contractors shall pay the Treasurer of the Borough a certain amount in cash, check or money order as is set forth herein or as may be fixed from time to time by resolution of the Mayor and Council as compensation for such services.

Rate of compensation to the Borough: $125 per hour.

Escrow. An escrow for the estimated cost of police services shall be submitted to the Treasurer of the Borough in accordance with police services anticipated as identified in the application before any work on the proposed project shall begin.

In the event that the compensation for police services exceeds the escrow mentioned, then the Police Chief shall prepare and submit an invoice to the Chief Financial Officer, who in turn shall submit the same to the private contractor, accounting for the total cost for such off-duty work supplied, which amount shall be paid in full within 15 days of receipt by the private contractor.

§ 50-18 Nonsworn positions.

The Police Department may also employ individuals in non-sworn positions, including, but not limited to, the following positions. Eligibility for these roles is noted below.