City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 4-22-1998 by Ord. No. 5960-98.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Constables — See Ch. 19.
Defense and indemnification — See Ch. 31.
Personnel policies — See Ch. 73.
Drug screening — See Ch. 73, Art. V.
Residency requirements — See Ch. 95.
[1]
Editor's Note: This ordinance also superseded former Ch. 77, Police Department, which consisted of Art. I, General Provisions, adopted 12-20-1960 by Ord. No. 3319 as Ch. 25 of the Revised Ordinances of the City of Clifton, New Jersey, 1960, as amended; and Art. II, Salaries and Benefits, adopted 12-20-1988 by Ord. No. 5319-88, as amended.
Article I Establishment; Organization

§ 77-1 Continuation of Department.

§ 77-2 Composition.

§ 77-3 Appointment of Chief of Police.

§ 77-4 Powers and duties of Chief of Police.

§ 77-5 Appointment of members; qualifications.

§ 77-6 Completion of training course by appointees required.

§ 77-7 Probationary appointments.

§ 77-8 Trainees to hold appointment; leave of absence.

§ 77-9 Powers and duties of members.

§ 77-10 Hours of employment.

§ 77-11 Adoption of revised rules and regulations.

§ 77-12 Copy of rules and regulations to be on file.

§ 77-13 Copies of rules and regulations to be furnished to members.

§ 77-14 Definitions.

§ 77-15 Appointments of special law enforcement officers.

§ 77-16 Qualifications of special law enforcement officers.

§ 77-17 Application for appointment as special law enforcement officer.

§ 77-18 Revocation of appointment as special law enforcement officer.

§ 77-19 Status and training of special law enforcement officers.

§ 77-20 Weapons.

§ 77-21 Hours and regulation of employment.

§ 77-22 Oath of office of special law enforcement officers.

§ 77-23 Special law enforcement officer's uniform and badge.

§ 77-24 Supervision by Chief of Police.

§ 77-25 Compliance with rules and regulations required.

§ 77-26 Police Chaplains.

§ 77-27 Qualifications of Police Chaplains.

§ 77-28 Appointment of school traffic guards.

§ 77-29 Duties of school traffic guards; hours.

§ 77-30 Qualifications of school traffic guards.

§ 77-31 Physical examination of school traffic guards.

§ 77-32 Rules and regulations applicable to school traffic guards.

§ 77-33 Dismissal of school traffic guards.

§ 77-34 Charges for copies of public records.

§ 77-35 Collection of fees.

§ 77-36 Fees to be delivered to Treasurer.

§ 77-37 Confidential records.

§ 77-38 Examination of public records.

Article II Salaries and Benefits

§ 77-39 Salaries; extra compensation.

§ 77-40 Pay periods.

§ 77-41 Additional compensation for longevity.

§ 77-42 Health insurance.

§ 77-43 Life insurance.

§ 77-44 Additional remuneration for courses in police science.

§ 77-45 Sick leave; terminal leave.

§ 77-46 Holidays.

§ 77-1 Continuation of Department.

The Police Department as heretofore established is hereby continued.

§ 77-2 Composition.

[Amended 6-16-1998 by Ord. No. 5973-98; 7-17-2001 by Ord. No. 6215-01; 12-17-2002 by Ord. No. 6322-02; 10-21-2003 by Ord. No. 6372-03; 6-6-2005 by Ord. No. 6488-05; 3-3-2009 by Ord. No. 6803-09; 5-5-2009 by Ord. No. 6813-09; 1-19-2010 by Ord. No. 6859-10; 3-2-2010 by Ord. No. 6868-10; 1-4-2011 by Ord. No. 6919-11; 11-7-2012 by Ord. No. 7059-12; 5-20-2014 by Ord. No. 7159-14; 7-7-2015 by Ord. No. 7221-15]
The Police Department of the City of Clifton shall consist of the following officers and men whose offices and positions are hereby continued and created (except as herein provided):
Position
Number
Chief
1
Captain
3
Lieutenant
10
Sergeant
17
Police officer
128
Total
159

§ 77-3 Appointment of Chief of Police.

The City Manager shall appoint the Chief of Police, who shall be the commanding officer of the police force of the City under the supervision and direction of the City Manager.

§ 77-4 Powers and duties of Chief of Police.

[Amended 2-16-2016 by Ord. No. 7279-16]
The Chief of Police shall be the head of the police force and he shall be directly responsible to the Appropriate Authority for the efficiency and routine day-to-day operations thereof, and he shall, pursuant to policies established by the Appropriate Authority:
A. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
B. 
Have, exercise, and discharge the functions, powers and duties of the force;
C. 
Prescribe the duties and assignments of all subordinates and other personnel;
D. 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision;
E. 
Report at least monthly to the Appropriate Authority in such form as shall be prescribed by such Authority on the operation of the force during the preceding month, and make such other reports as may be requested by such Authority;
F. 
Shall work a minimum of 40 hours per week and, further, depending upon the existing circumstances, conditions and emergencies, such additional hours as may be necessary or required to effectively and fully carry out and perform his duties, responsibilities and functions;
G. 
Be available at all times for duty, except when excused by the City Manager; and
H. 
Perform such other duties as may from time to time be established by policy promulgations and directives of the City Manager.

§ 77-5 Appointment of members; qualifications.

A. 
The City Manager shall, in the manner provided by law, appoint such officers, assistants, subordinates and employees of the Police Department as may be provided for.
B. 
No person shall be appointed a member of the Police Department unless he possesses the requisite qualifications prescribed by the applicable statutes of New Jersey. No officer shall be removed from office except for the reasons established and in accordance with the procedure laid down in applicable state laws.

§ 77-6 Completion of training course by appointees required.

No person shall hereafter be given or accept a permanent appointment as a police officer in the City of Clifton unless such person 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, as amended by Chapter 8 of the Laws of 1965, of the State of New Jersey and known as N.J.S.A. 52:17B-66 et seq.

§ 77-7 Probationary appointments.

Nothing herein shall prohibit the giving or accepting of a probationary or temporary appointment as a police officer for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.

§ 77-8 Trainees to hold appointment; leave of absence.

No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a police officer in the City of Clifton, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.

§ 77-9 Powers and duties of members.

It shall be the duty of every member of the police force to observe and enforce all laws, ordinances and rules and regulations pertaining to his duty as a police officer. He shall, under the general overall supervision of the City Manager and the direct supervision of the Chief of Police, be authorized and empowered, and it shall be his duty, to do and perform all acts and things required by general law and ordinances of the City, the rules and regulations of the Police Department or prescribed by the Chief of Police consistent therewith, to be performed by policemen. He shall perform such other duties as may from time to time be required of him by virtue of and under policies established by the City Manager and prescribed by the Chief of Police.

§ 77-10 Hours of employment.

The provisions of Chapter 341 of the Laws of 1948 (N.J.S.A. 40:11-13.2 et seq.)[1] are hereby adopted. In accordance therewith, the hours of employment of the uniformed members of the Police Department shall not exceed eight consecutive hours in any one day, nor 40 hours in any one week, provided that, in cases of emergency, the officer, board or other officials having charge or control of the Police Department shall have full authority to summon to and keep on duty any and all such members during the period of emergency.
[1]
Editor's Note: Said provisions were repealed by Chapter 197 of the Laws of 1971. See now N.J.S.A. 40A:14-132.

§ 77-11 Adoption of revised rules and regulations.

[Amended 2-16-2016 by Ord. No. 7279-16]
A. 
The City Manager is designated the Appropriate Authority, consistent with N.J.S.A. 40A:14-118.
B. 
The City Manager is hereby authorized and directed to adopt and promulgate rules and regulations for the government of the police force and for the discipline of its members, consistent with the provisions of N.J.S.A. 40A:14-118.

§ 77-12 Copy of rules and regulations to be on file.

One copy of the revised rules and regulations of the Police Department of the City shall be placed on file in the office of the City Clerk and be made available for public examination.

§ 77-13 Copies of rules and regulations to be furnished to members.

One copy of the revised rules and regulations shall be furnished to each member of the Police Department and such other person or persons or departments as may be appropriate in the opinion of the Chief of Police.

§ 77-14 Definitions.

The following terms shall have the meanings indicated:
SPECIAL LAW ENFORCEMENT OFFICER
Includes:
A. 
A special law enforcement officer having the rights, powers and duties prescribed by N.J.S.A. 40A:14-146.8 et seq.
B. 
A Class I officer, who shall be authorized to perform routine traffic duties, spectator control and similar duties, and shall have the power to issue summonses for disorderly persons and petty disorderly persons and offenses and violations of Title 39 of the Revised Statutes of New Jersey. Class I officers shall not have the police powers of arrest. The use of firearms by an officer of this class is strictly prohibited, and no officer of this class shall be assigned to any duties which may require the carrying or use of firearms; however, Class I special law enforcement officers shall be empowered to carry nightsticks and handcuffs while in the actual performance of their duties for self-protection and to facilitate the performance of their duties. There will be no new appointments of officers as Class I specials within the City of Clifton, but this will not affect the reappointment of those officers who currently hold this classification.
C. 
A Class II officer, who shall be authorized to exercise full powers and duties similar to those of permanent, regularly appointed full-time police officers. The use of a firearm by an officer of this class is authorized, but only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established in the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70. Class II special law enforcement officers within the City of Clifton shall be authorized to make arrests.

§ 77-15 Appointments of special law enforcement officers.

A. 
The Municipal Council may, from time to time upon the advice of the Chief of Police, appoint special law enforcement officers, each for a term not exceeding one year; provided, however, that all appointments shall expire on the 31st day of December of the year in which the appointment is made.
B. 
Upon the termination of employment of any special law enforcement officer who has been appointed pursuant to the provisions of Subsection A hereof, said appointment shall expire forthwith.
C. 
The number of special law enforcement officers appointed within the City of Clifton shall not exceed 25% of the total number of regular police officers employed by the City of Clifton.

§ 77-16 Qualifications of special law enforcement officers.

No person shall be appointed as a special law enforcement officer unless such person possesses the following qualifications:
A. 
Is a resident of this City and state and a citizen of the United States during the term of employment; provided, however, that the residency of such person in the City shall, in all respects and requirements, be subject to and in accordance with all of the provisions of Chapter 95 of the Code of the City of Clifton, entitled "Residency Requirements."
B. 
Is able to read, write and speak the English language well and intelligently, and has a high school diploma or its equivalent.
C. 
Is sound in body and of good health.
D. 
Is of good moral character.
E. 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.
F. 
Has successfully passed the same psychological and medical testing that is required of all full-time police officers of the City.

§ 77-17 Application for appointment as special law enforcement officer.

A. 
Each applicant shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
B. 
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 any other data as may be required by the Police Department.
C. 
Before any appointment or reappointment is made, the Chief of Police shall ascertain the eligibility and qualifications of the applicant and shall report these determinations in writing to the Municipal Council.
D. 
No person may commence his duties as a special law enforcement officer unless he has successfully completed a training course approved by the Police Training Commission. Special law enforcement officers shall not be compensated for time spent in training.

§ 77-18 Revocation of appointment as special law enforcement officer.

The term of appointment of a special law enforcement officer shall not exceed one year; provided, however, that the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment of a special law enforcement officer upon the expiration of his term of appointment.

§ 77-19 Status and training of special law enforcement officers.

A. 
No person appointed as a special law enforcement officer in the City of Clifton shall accept appointment as a special law enforcement officer in any other jurisdiction. No permanent, regularly appointed full-time police officer of the City of Clifton or any other jurisdiction shall be appointed as a special law enforcement officer for the City of Clifton. No public official with responsibility for setting law enforcement policy or for exercising authority over the budget, or for supervision of the Police Department of the City of Clifton, shall be appointed as a special law enforcement officer.
B. 
The powers, rights and duties of every special policeman shall immediately cease at the expiration of his term of office for which he is appointed or upon revocation of his appointment.
C. 
Training. No person shall commence his duties as a special law enforcement officer unless he has successfully completed a training course approved by the Police Training Commission, and no special law enforcement officer shall be issued a firearm unless he has completed the basic firearms course approved by the Commission for permanent, regularly appointed police officers, and successfully completed all semiannual firearms requalification examinations conducted by the Clifton Police Department.

§ 77-20 Weapons.

No special law enforcement officer shall carry a firearm or any other weapon except while engaged in the actual performance of his official duties when specifically authorized by the Chief of Police or his designee. Any firearm utilized by a special law enforcement officer shall be returned at the end of the officer's work day to the officer in charge of the station house, unless the firearm is owned by the special law enforcement officer and was acquired in compliance with a condition of employment. Any special law enforcement officer appointed after the effective date of this chapter shall use only a firearm supplied by the City of Clifton Police Department.

§ 77-21 Hours and regulation of employment.

A. 
No special law enforcement officer shall be employed for more than 20 hours per week except during periods of emergencies as declared by the Chief of Police in accordance with N.J.S.A. 40A:14-146.16a(2). Special law enforcement officers shall be employed only to assist the Police Department of the City of Clifton, and may not be employed to replace or substitute for full-time, regular police officers.
B. 
A special law enforcement officer may be assigned by the Chief of Police or his designee to perform public safety functions for a private entity only if the special law enforcement officer is functioning subject to the supervision of the Chief of Police or his designees (i.e., any regularly employed member of the Police Department). The special officer shall under these circumstances be deemed to be on duty.
C. 
A special law enforcement officer shall perform his duties only within the City of Clifton unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.

§ 77-22 Oath of office of special law enforcement officers.

Upon approval by the Municipal Council of the application for appointment, each applicant shall take the oath of office.

§ 77-23 Special law enforcement officer's uniform and badge.

A. 
Each special officer shall be furnished with one uniform and one badge and hat device upon his initial appointment. These items shall be returned to the Police Department within 30 days of the expiration or revocation of his appointment. Any person who violates or refuses to comply with the provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed $500.
B. 
An insignia issued by the Police Training Commission, pursuant to the Special Law Enforcement Officer's Act,[1] indicating the officer's status and particular class as a special law enforcement officer shall be worn with the uniform.
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.

§ 77-24 Supervision by Chief of Police.

Every special law enforcement officer shall be under the supervision and direction of the Chief of Police and/or his designee(s).

§ 77-25 Compliance with rules and regulations required.

Every special law enforcement officer shall comply with all rules, regulations, orders, procedures and directives promulgated for the conduct and decorum of the regular members of the Police Department of the City of Clifton and for the efficient operation of the Police Department. Special law enforcement officers shall adhere to and shall not bypass the chain of command of the Clifton Police Department.

§ 77-26 Police Chaplains.

[Amended 6-1-2004 by Ord. No. 6414-04]
There is established within the Police Department the position of Police Chaplains. There shall be five Police Chaplains who shall be appointed by the City Manager, and they shall serve for a period of three years without salary.

§ 77-27 Qualifications of Police Chaplains.

Any person appointed as a Chaplain shall be a duly and regularly ordained clergyman in good standing in the religious body from which he may be selected.

§ 77-28 Appointment of school traffic guards.

The City Manager shall appoint as many school traffic guards as the City Manager shall deem necessary in the City. No member of the Police Department of the City shall be appointed as a school traffic guard.

§ 77-29 Duties of school traffic guards; hours.

A. 
It shall be the duty of school traffic guards to maintain the orderly movement of vehicular traffic consistent with the safety of children attending school in the City.
B. 
The school traffic guards shall perform their respective duties during the hours designated by the Chief of Police.

§ 77-30 Qualifications of school traffic guards.

School traffic guards must possess the following qualifications. They shall be:
A. 
Not less than 18 years of age.
B. 
A citizen of the United States.
C. 
Of good moral character.
D. 
Able to read and write the English language.
E. 
At least five feet two inches in height.
F. 
In good health, sound in body and mind, and certified by a physician selected by the City as being physically capable of performing the duties required of them.

§ 77-31 Physical examination of school traffic guards.

It shall be the duty of the physician to carefully examine the educational, mental, moral and physical fitness of any person applying for appointment as a school traffic guard. A certificate signed by the physician shall be considered and taken as sufficient evidence of the applicant's educational, mental, moral and physical capability.

§ 77-32 Rules and regulations applicable to school traffic guards.

School traffic guards shall be governed by all the rules and regulations laid down for the guidance of the Police Department members insofar as such rules and regulations are applicable and consistent with the special class of duty prescribed for school traffic guards. In addition, school traffic guards shall comply with all other rules and regulations adopted for school traffic guards by the Municipal Council.

§ 77-33 Dismissal of school traffic guards.

School traffic guards shall serve at the pleasure of the City Manager, who may summarily dismiss any school traffic guard for any reason deemed sufficient by the City Manager.

§ 77-34 Charges for copies of public records.

A. 
The following charges shall be made by the Record Bureau of the Police Department for the furnishing of photographs or photostatic copies of public records by the Police Department:
(1) 
Ten dollars for any eight-by-ten-inch copy of a photograph of the scene of an accident.
(2) 
Five dollars for any three-by-five-inch copy of a photograph of the scene of an accident.
(3) 
Two dollars per page for a photostatic copy of a public record for the first page to the fifth page.
(4) 
One dollar per page for photostatic copies of public records for all copies in excess of five pages.
B. 
The foregoing charges apply to public records requested in person. In the event that copies of public records are requested other than in person, an additional fee of $5 for the first three pages and $1 per page thereafter shall be added to cover administrative costs.

§ 77-35 Collection of fees.

All of the above fees shall be collected by the officer in charge of the Record Bureau of the Police Department or by his designated agent.

§ 77-36 Fees to be delivered to Treasurer.

All fees collected hereunder shall be delivered to the City Treasurer and thereafter deposited by him in the appropriate account of the City.

§ 77-37 Confidential records.

Nothing contained herein shall be construed to require or authorize the making of copies of any documents, papers or records in the possession of the Police Department which are regarded as confidential by any law enforcement agency or which are not public records of the Police Department.

§ 77-38 Examination of public records.

Nothing herein shall be construed to prohibit or prevent any person from examining any public records in the possession of the Police Department or from making his own written copy thereof.
[Amended 9-17-2002 by Ord. No. 6306-02; 2-22-2006 by Ord. No. 6557-06]

§ 77-39 Salaries; extra compensation.

A. 
The offices and employments enumerated herein, in addition to those created by statute and/or ordinance, be and the same are hereby created for the proper conduct of the affairs of the City, and the amounts fixed, granted and ordered paid for the employments enumerated are as follows:
(1) 
Police Department positions:
(a) 
Captain.
(b) 
Lieutenant.
(c) 
Sergeant.
(d) 
Police officer.
(2) 
Increase in salaries for Captains, Lieutenants, Sergeants and police officers.
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No. 6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No. 7112-13]
(a) 
The salaries of the Captains, Lieutenants and Sergeants fixed for the year 2011 shall be increased as follows in accordance with the terms of the relevant collective bargaining agreement:
[1] 
As of January 1, 2012: 0%.
[2] 
As of January 1, 2013: 1%.
[3] 
As of July 1, 2013: 1%.
[4] 
As of January 1, 2014: 1%.
[5] 
As of July 1, 2014: 1%.
[6] 
As of January 1, 2015: 1%.
[7] 
As of July 1, 2015: 1%.
[8] 
As of January 1, 2016: 1%.
[9] 
As of July 1, 2016: 1%.
(b) 
The salaries of police officers for the year 2011 shall be increased as follows at top step only in accordance with the terms of the relevant collective bargaining agreement:
[1] 
As of January 1, 2012: 0%.
[2] 
As of January 1, 2013: 1%.
[3] 
As of July 1, 2013: 1%.
[4] 
As of January 1, 2014: 1%.
[5] 
As of July 1, 2014: 1%.
[6] 
As of January 1, 2015: 1%.
[7] 
As of July 1, 2015: 1%.
[8] 
As of January 1, 2016: 1%.
[9] 
As of July 1, 2016: 1%.
(3) 
Salary ranges to include steps.
[Amended 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No. 7112-13]
(a) 
The salary range for police officers shall include steps in accordance with the applicable collective bargaining agreement.
(b) 
The salary range for Captains, Lieutenants and Sergeants shall include steps in accordance with the applicable collective bargaining agreement.
(4) 
The salary range for police officers hired January 1, 2006, or after shall be based upon 10 steps in accordance with the applicable collective bargaining agreement.
(5) 
The aforesaid increases shall take effect upon the signing of a contract by the appropriate bargaining unit.
[Amended 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No. 7112-13]
B. 
Extra compensation shall be as follows:
(1) 
Extra compensation for personnel assigned on a permanent basis as a full-time member in organizing and training patrol practice: $150 per year.
(2) 
Extra compensation for personnel assigned on a permanent basis as a full-time member of the Police Tactical Squad: $300 per year.
(3) 
Extra compensation for personnel assigned on a permanent basis the duties of training school guards: $300 per year.
(4) 
Extra compensation for personnel assigned on a permanent basis as a full-time detective: $350 per year.
(5) 
Extra compensation for personnel assigned on a permanent basis as a full-time member of the Bomb Squad: $300 per year.
(6) 
Extra compensation of personnel assigned on a permanent basis as a full-time member of the Patrol Division for Captains, Lieutenants and Sergeants shall be: $150 per year for the day shift; $250 per year for the evening shift; $350 for the midnight shift.
(7) 
Extra compensation for personnel assigned on a permanent basis in charge of dog census: $150 per year.
C. 
Uniform allowances shall be as follows:
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No. 6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No. 7112-13]
(1) 
Captains, Lieutenants and Sergeants:
Year
Amount
2012
$600
2013
$625
2014
$650
2015
$675
2016
$700

§ 77-40 Pay periods.

[Amended 7-21-2015 by Ord. No. 7229-15]
Annual salaries shall be paid in equal semimonthly installments. Weekly and hourly wages shall be paid for such period as may be authorized by resolutions adopted from time to time by the governing body.

§ 77-41 Additional compensation for longevity.

A. 
There shall be added to and made a part of the remuneration to each officer and employee an amount equal to 2 1/2% of the salary or wages fixed for each such person upon completion of five years’ cumulative service in and for the City of Clifton; an amount equal to 5% of the salary or wages fixed for each such person upon the completion of 10 years’ cumulative service in and for the City of Clifton; an amount equal to 7 1/2% of the salary and wages fixed for each such person upon the completion of 15 years’ cumulative service in and for the City of Clifton; an amount equal to 10% of the salary or wages fixed for each such person upon the completion of 20 years’ cumulative service in and for the City of Clifton; and an amount equal to 12 1/2% of the salary or wages fixed for each such person upon the completion of 24 years’ cumulative service in and for the City of Clifton. Such additional compensation shall be paid notwithstanding the maximum salary or wages provided for such office or employment, and shall be paid at the same time and in the same manner as the salary or wages fixed pursuant to the provisions of this article. Notwithstanding the foregoing, new employees hired on or after May 21, 2010, shall no longer receive additional compensation for longevity. In addition, any employee hired on or after May 21, 2010, who is promoted into the Superior Officers Association shall not receive longevity.
[Amended 6-1-2010 by Ord. No. 6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No. 7112-13]
B. 
For the purposes of this article, all periods of employment shall be deemed to have commenced on January 1 of the year of appointment or employment unless the actual date of such appointment or employment took place on or after July 1, in which case such period of employment shall be deemed to have commenced on July 1 of the year of said appointment or employment.
C. 
For the purposes of this section, "service" is defined as employment within and for the City of Clifton.

§ 77-42 Health insurance.

A. 
Commencing August 1, 2012, members may select between a Horizon Blue Cross/Blue Shield Direct Access (“DA”) Plan, a Horizon Blue Cross/Blue Shield Preferred Provider (“PPO”) Plan, or a Horizon Blue Cross/Blue Shield EPO Plan in accordance with the terms of the relevant collective bargaining agreement.
[Amended 8-7-2013 by Ord. No. 7112-13]
B. 
The City shall continue to provide the current prescription drug plan in accordance with the terms of the relevant collective bargaining agreement.
C. 
The City shall continue to provide the current group dental plan, including orthodontic benefits, in accordance with the terms of the relevant collective bargaining agreement.
D. 
The City may, at its option, change any of the foregoing plans or carriers so long as equal to or better coverage is provided.
E. 
Employee contributions. Effective January 1, 2012, all employees will pay a contribution to health insurance premiums, including prescription and dental, based upon pensionable base salary in accordance with the provisions of P.L. 2010, c. 2 and P.L. 2011, c. 78 which are incorporated by reference as if set forth herein at length.
[Added 6-1-2010 by Ord. No. 6886-10; amended 8-7-2013 by Ord. No. 7112-13]

§ 77-43 Life insurance.

In addition to the compensation herein provided for as regular salaries and wages, the City of Clifton hereby grants and provides the following life insurance coverage for all officers and employees of the City, except seasonal temporary employees: Said life insurance coverage shall be in the amount of $10,000 for all officers and employees who shall not have attained the age of 70 years, and shall be in the amount of $2,500 for all officers and employees who shall have attained the age of 70 years. In addition, the City shall provide life insurance coverage in the amount of $1,000 to each officer and employee for and during the first five years of his or her retirement only. "Retirement," for purposes of this provision, shall be defined as the voluntary termination of his or her employment by the City by an officer and employee who shall, at the time of such voluntary termination, qualify for pension benefits under any public employee pension system established and maintained pursuant to the laws of the State of New Jersey.

§ 77-44 Additional remuneration for courses in police science.

As part of the salary range and longevity credit herein provided, the salary of a member of the Police Department shall be increased by the sum of $20 for each credit hour earned as the result of the successful completion of a course(s) for which credit is given toward a baccalaureate degree or associate degree in police science, which credit hour must have been earned at and accepted by a recognized institution of higher learning offering a program leading to a degree or associate degree in police science while an employee of the City of Clifton. Such additional remuneration shall not exceed $330 in any given calendar year, and such additional remuneration shall not exceed a total of $1,320. Such additional remuneration shall be payable commencing on the first regular payday in September of each year retroactive to the date of completion of such credit hours, provided that there has been presented to the City Manager, on or before July 15 of each year, a proper certification from the institution attended by such member setting forth the number of credit hours completed or the conferring of an associate or baccalaureate degree. Courses must be taken during the employee's off-duty hours.

§ 77-45 Sick leave; terminal leave.

A. 
Except as otherwise provided in this article or by law, no sick leave is deemed earned or accumulated by members of the Association. However, solely and exclusively for the purpose of calculating the terminal leave benefit for which he or she is entitled, each member of the Association shall be deemed to have earned 15 sick days per year of service, which days shall be deemed to accumulate from year to year if not used.
B. 
Any leave taken due to illness or injury shall utilize any accumulated sick days under Subsection A of this section. Whenever any employee is injured in the line of duty, he shall not be charged with sick leave but shall be carried as excused from duty.
C. 
Effective January 1, 1989, there shall be a sick leave cap of 260 days accumulable for purposes of terminal leave of 50% of the employee's then-current value at retirement (maximum of 130 days at 100%). If an employee has, as of December 31, 1988, a personal accumulation in excess of 260 days, said employee's accumulable sick leave, for purposes of terminal leave, shall be capped at the number of days as of December 31, 1988. For example, if an employee has 300 days of accumulated sick time as of December 31, 1988, said employee shall be entitled to a maximum cap, for terminal leave purposes, of 50% of 300 days (maximum of 150 days at 100%). If an employee has 260 or fewer days cap for terminal leave compensation purposes as of December 31, 1988, then the maximum amount of sick leave accumulable for terminal leave purposes is 260 days. The terminal cap in no way limits the amount of sick days that an employee may accumulate during his career for illness.
D. 
Effective January 1, 1989, any employee who has accumulated more than 260 sick days shall have the right to be paid an attendance payment equal to 50% of the sick days gained in and not used in any calendar year to a maximum of 7 1/2 days. The attendance payment shall be made within one month at the close of the calendar year in which it is earned. Any employee seeking to exercise his right to an attendance payment must make a request for the same, in writing, on or before January 15 of the year following the year in which the attendance payment was earned.
E. 
The terminal leave benefit due any employee may be paid to said employee in either of the two following manners which may be selected by said retiring employee:
(1) 
The total salary due each employee for such terminal leave shall be paid in equal biweekly installments as shown and authorized by the City's regular payrolls approved for payment during the period of such terminal leave; or
(2) 
The total salary due such employee for such terminal leave shall be paid in a lump-sum payment, with the initial payment in the year in which the employee retires, limited to the total salary funds available in the municipal budget during the retirement year, the balance, if any, to be paid within 60 days after the adoption of the municipal budget in the year following the year of retirement.
F. 
All retiring employees accepting a lump-sum payment will be entitled to all compensation in accordance with the terms of the relevant collective bargaining agreement.
G. 
In the event that any employee, while actively employed by the City, shall become deceased, then payment of 50% of accumulated sick leave, which leave shall be earned or accumulated in accordance with this article, shall be made to the employee's spouse and/or children, if any.

§ 77-46 Holidays.

A. 
Holidays shall be recognized in accordance with the terms of the relevant collective bargaining agreement.
B. 
An additional two compensatory days at straight time shall be granted all Captains, Lieutenants, Sergeants and police officers in accordance with the terms of the relevant collective bargaining agreement, which compensatory time shall be in lieu of compensatory time for any and all special holidays (other than or in addition to those holidays enumerated in the relevant collective bargaining agreement) which may be granted during the year by the Municipal Council or the City's administration to any City employee other than the members of the Police Department. If said two compensatory days are not taken during the calendar year, these two days will be accrued until taken.