Borough of Allendale, NJ Article II Police Department

[Adopted 12-28-1967 as Ch. 45 of the 1967 Code; amended in its entirety 3-11-1982]

§ 26-21 Establishment; composition; table of organization; Chief of Police; Director of Public Safety; vacancies and duties.

[Amended 8-26-2010]

A. The Police Department of the Borough of Allendale is hereby established and shall consist of the following personnel to be appointed to these positions by the Borough Council in accordance with § 26-22: not more than one Chief of Police or one Director of Public Safety, as the case may be; up to four sergeants; up to one detective; up to nine patrol officers; and two Class Three special law enforcement officers (SLEO III) who are retired regular police officers and who may, from time to time, be appointed and shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police for use solely as school security officers as detailed in N.J.S.A. 40A:14-146.10 et seq., as necessary.

[Amended 8-24-2017; 7-25-2019; 9-10-2020]

(1) Designation of the foregoing members shall not make appointment thereto at any time mandatory and vacancies therein may occur from time to time. Special policemen, marshals, police matrons, traffic officers, school traffic officers and police dispatchers authorized by the Council shall not be considered members of the Police Department within the meaning of any provision of N.J.S.A. 40A:14-118 et seq., but shall be subject to the rules of the Department.

(2) There shall be a review of the Allendale Police Department Table of Organization at least every two years by the Chief of Police or Director of Public Safety, Public Safety Committee and Municipal Attorney to ensure that it meets the needs of the Borough, its residents, businesses and visitors and is in compliance with all relevant statutes and judicial decisions. Failure to conduct such a review shall not render this section invalid.

B. The Chief of Police shall be the head of the Police Department and directly responsible to the Mayor and Council for all operations of the Department in accordance with the regulations hereinafter set forth in the Police Manual. The Chief of Police shall have the powers and duties provided by law in N.J.S.A. 40A:14-118, including powers set forth in the Allendale Police Department Manual and shall have those further duties promulgated by the Public Safety Committee with the approval of the Mayor and Council.

C. Director of Public Safety.

(1) Position established. There is hereby established the administrative position of Director of Public Safety.

(2) Method of appointment. The Director of Public Safety may be appointed pursuant to the provisions of N.J.S.A. 40A:9-1.1 by the Mayor with the advice and consent of the Borough Council.

(3) Term of appointment. The Director of Public Safety shall serve for a term at the pleasure of the Borough Council.

(4) Qualifications of appointee. The person appointed to the position of Director of Public Safety shall be qualified by training and experience for the duties of the position. The person shall not be appointed unless he or she meets the following minimum qualifications, unless said qualifications are waived by affirmative vote of at least 2/3 of the entire Council.

(a) A bachelor's degree from an accredited college or university in public safety administration, police science or a related field.

(b) A minimum of 10 years' experience as a member of a police department or other law enforcement agency, five years of which shall have been in a supervisory and administrative capacity.

(5) Powers. Under the general direction of the Borough Council and Borough Administrative Officer, the Director of Public Safety shall have control over the Police Department in such manner as may be consistent with all applicable statutes, ordinances and regulations. The Director of Public Safety shall be responsible for the administration, regulation and discipline of the Police Department. All officers and patrolmen of the Police Department shall perform their duties subject to the supervision and control of the Director of Public Safety.

(6) Duties. The duties of the Director of Public Safety shall include but not be limited to the following:

(a) The Director of Public Safety shall have full control over the Police Department and see to the proper enforcement of the rules and regulations adopted by the Borough Council, State of New Jersey and federal government. The Director of Public Safety shall report to the Borough Administrative Officer and/or Council from time to time on such matters as may be required. The Director of Public Safety shall provide the Administrative Officer and Borough Council with recommendations related to conditions of the Department and its improvements and needs. The Director of Public Safety shall perform such other matters in connection therewith as may be prescribed by the Administrative Officer or Council; shall provide rules for application to become members of the police force; shall examine all applicants for positions on the police force and recommend for positions on the police force such persons as the Director may deem proper from time to time; shall prefer charges against and in his or her discretion; pending a final hearing on the charges, suspend any officer or member of the force and otherwise exercise control over all subordinates, subject to law; and may employ special police in emergencies and discharge them at the expiration thereof.

(b) To keep abreast of the public safety requirements of the Borough and formulate policies, plans and procedures responsive to determined needs.

(c) To develop organization, manpower and resource recommendations and, upon approval of same by the Borough Council, effect their implementation.

(d) To establish performance criteria for the Police Department as a whole as well as its individual members and conduct periodic evaluations to assure compliance with those criteria.

(e) To establish and maintain relations with school, civil and private organizations to assure a full understanding of the public safety effort.

(f) To conduct public relations and public information programs on behalf of the Police Department in order to maintain the required relationship between the Police Department and the citizens of the Borough.

(g) To promote a close liaison with the various agencies of the Borough, and to attend all meetings of the Borough Council when necessary, to better coordinate the functioning of the Police Department with the work of all municipal agencies.

(h) To regularly review the ordinances of the Borough dealing with public safety to assure their propriety with the prevailing public safety needs of the Borough.

(i) To annually prepare a budget request for the Police Department and administer same.

(j) To plan and implement an ongoing program of training and education, subject to the approval of the Borough Council for all members of the Police Department, so that they will be fully apprised of current developments in law enforcement.

(k) To take an active part in any land use proposals or studies which are or might be conducted for the Borough Council so that adequate consideration is given to the present and future needs of the Police Department as well as to facilities and programs incidental to the functioning of the department and the implementation of a program of preventive law.

(l) To otherwise function in an executive capacity in evaluating, planning, organizing, and directing the Police Department of the Borough.

(7) Compensation. Compensation for the position of Director of Public Safety shall be memorialized in an employment agreement and shall also be included in the annual salary ordinance and implementing resolution adopted each year.

D. The duties and responsibilities of members of the Police Department are set forth in the Allendale Police Department Manual as adopted pursuant to § 26-23 herein.

§ 26-21.1 Chief of Police or Director of Public Safety.

[Added 8-26-2010]

Whenever the title "Chief of Police" is mentioned within the text of this article, it shall be amended to read "Chief of Police or Director of Public Safety."

§ 26-22 Appointments.

The Borough Council, upon nomination by the appropriate Council Committee, shall appoint all members of the Police Department to hold office as provided by law.

§ 26-23 Rules and regulations.

[Amended 3-13-2014]

The "Appropriate Authority" shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations. All employees of the Police Department shall be subject to such rules and regulations and penalties.

§ 26-24 Other employment; hours of employment.

A. Each member of the Police Department shall devote his full time and service to police duties, except that any member of the Department may pursue other employment in off duty hours as approved by the Chief of Police or Director of Public Safety.

[Amended 8-26-2010]

B. Although certain hours will be allotted for the performance of regular tours of duty, officers are considered at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.

C. No police officer shall be required to be on regular duty for more than an average of 40 hours a week, but in case of an emergency, the Mayor or Chief of Police or Director of Public Safety shall have full authority to summon and keep on duty any and all such officers during the period of emergency.

[Amended 8-26-2010]

§ 26-25 Promotion of officers.

[Amended 8-26-2010; 12-3-2020; 4-15-2021 by Ord. No. 21-06]

A. Goals. The Borough of Allendale desires to promote the most qualified candidates to the ranks of Chief, Captain, Lieutenant and Sergeant. This section establishes the eligibility requirements and the process for promotion to those ranks. The promotion process shall be on the basis of merit, experience/seniority, education, military service, demonstrated ability, competitive written examinations and competitive oral examinations as noted herein. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Allendale Police Department. In accordance with N.J.S.A. 40A:14-118, all promotions within the Allendale Police Department shall be made by the Governing Body, except as to the Chief of Police, whose promotion/appointment shall be made by the Mayor with the consent and approval of the Governing Body.

B. Eligibility requirements.

(1) Sergeant. For promotion to Sergeant, no person shall be eligible for such promotion unless he or she:

(a) Shall have served as a full-time police officer in the Allendale Police Department for at least five years; and

(b) Shall have met or exceeded all Allendale Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors.

(2) Lieutenant. For promotion to Lieutenant, no person shall be eligible for such promotion unless he or she:

(a) Shall have served as a full-time officer in the Allendale Police Department for at least eight years of which at least three years was served as a full-time Sergeant for the Allendale Police Department; or

(b) Shall have served at least 15 years as a full-time police officer in the Allendale Police Department; and

(c) Shall have met or exceeded all Allendale Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors.

(3) Captain. For promotion to Captain, no person shall be eligible for such promotion unless he or she:

(a) Shall have served at least 10 years as a full-time officer in the Allendale Police Department of which at least three years was served as a full-time Sergeant and/or Lieutenant for the Allendale Police Department. In determining such ten-year length of service as a full-time officer, four or more years of military service with honorable discharge shall be the equivalent of one year of employment as a full-time officer for the Allendale Police Department; or

(b) Shall have served at least 15 years as a full-time officer in the Allendale Police Department. In determining such length of service, four or more years of military service with honorable discharge shall be the equivalent of one year of employment as a full-time officer for the Allendale Police Department; and

(c) Shall have met or exceeded all Allendale Police Department performance standards in his or her three most recent annual performance evaluations conducted by his or her superiors.

(4) Chief of police. For promotion to Chief of Police, no person shall be eligible for such promotion unless he or she:

(a) Shall have served, in the aggregate, for at least five years as a full-time Captain, Lieutenant, and/or Sergeant for the Allendale Police Department; or

(b) Shall have served at least 15 years as a full-time officer in the Allendale Police Department. In determining such length of service, four or more years of military service with honorable discharge shall be the equivalent of one year of employment as a full-time officer for the Allendale Police Department; and

(c) Shall have met or exceeded all Allendale Police Department performance standards in his or her three most recent annual performance evaluations conducted by his or her superiors.

C. Process.

(1) In creating the list of eligible candidates for promotion to Sergeant, the Governing Body shall score/rank each such candidate as follows:

(a) A written test relating to the duties, responsibilities and job functions of the position being sought, to be prepared and administered by the New Jersey State Association of Police Chiefs (or prepared and administered by such other person, association or organization as may be authorized by the Governing Body). The written test shall constitute 30% of the overall total score for each eligible candidate, based on a test that contains a maximum value of 100 points. For example, a candidate who receives 70 points out of the total of 100 possible total points for the written test shall receive 21 points towards the overall total score (70 points x 30% = 21 points). In advance of such written test, the minimum threshold/score required to be eligible for promotion shall be established by the Governing Body, and such minimum threshold/score shall be communicated, in writing, to all eligible candidates for promotion prior to their taking said test. Only those candidates who achieve such minimum score shall be eligible to continue forward in the promotion process for promotion to Sergeant. A ranked list of eligible candidates for promotion shall be created based on the outcome of the aforesaid written test.

(b) Each eligible candidate who has received on the written test the minimum score required to continue forward in the promotion process shall be interviewed by an oral examination administered by an interview panel (the "interview panel") comprised of the following persons: the Chief of Police, the Borough Administrator, and no more than the next two highest ranking command staff members of the Allendale Police Department, if they exist.

[1] Only those candidates who have achieved the written test minimum score or greater (out of the maximum of 100 points) on the written examination shall be permitted to sit for an oral examination by said interview panel. Oral examinations by the interview panel shall take place after the receipt of the written examination scores.

[2] Said interview panel's oral examination and assessment (which examination and assessment shall have 100 points as its maximum score) shall account for 30% of the candidate's total promotional score, with 30 total points being the highest possible score for such oral examination and assessment. By way of example, a candidate receiving a score of 80 points on his/her oral examination by said interview panel shall receive 24 total points for said interview panel's oral examination element of the promotional process (80 x 30% = 24 total points).

[3] The oral examination and assessment by said interview panel shall include an evaluation of the following criteria: commendations, employee reviews, disciplines and early intervention summaries, annual performance evaluations, merit, productivity, demonstrated ability and accomplishments, efforts supporting department goals and objectives, in-service education and specialized schools, specialized job assignments, responsibilities, subsequent performance, attitude and demeanor, education, military experience, seniority, leadership ability, initiative, productivity, attitude toward peers, supervising officers' recommendations, motivation and morale, previous job performance, loyalty to the Department and community, experience and career development training. Said interview panel shall utilize the same criteria for each of the candidates who are interviewed for the open position(s).

(c) After being interviewed by said interview panel, each eligible candidate who has received on the written test the minimum score required to continue forward in the promotion process shall be interviewed by the Borough Police Committee. All candidates so interviewed by the Borough Police Committee shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all Police Committee members. The results of such oral interview by the Police Committee, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 40% of the overall total score for each candidate based on the average score of all Police Committee members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 60 points out of the total of 100 possible total points for this oral interview shall receive 24 points towards his/her overall total overall score (60 points x 40% = 24 points).

(2) In creating the list of eligible candidates for promotion to Captain, or Lieutenant, the Governing Body shall score/rank each such candidate as follows:

(a) For promotion to the positions of Captain or Lieutenant, each eligible candidate shall be interviewed by an interview panel comprised of the Borough Police Committee, the Borough Administrator, the Chief of Police, and the next highest ranking command staff member, if one exists ("interview panel"). All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. The results of such oral interview by said interview panel, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 60% of the overall total score for each eligible candidate based on the average score of all said interview panel members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 90 points for this oral interview shall receive 54 points towards his/her overall total score (90 x 60% = 54 points).

(b) Each eligible candidate for Captain and Lieutenant shall be interviewed by the Governing Body. All candidates to be interviewed by the Governing Body shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all Governing Body members. The results of such oral interview by the Governing Body shall constitute 40% of the overall total score for each eligible candidate based on the average score of all Governing Body members of such oral interview. The total possible score for this oral interview shall be 100 points. For example, a candidate who receives a total of 80 points for this oral interview shall receive 32 points toward his/her overall total score (80 points x 40% = 32 points).

(3) In creating a list of eligible candidates for promotion to Chief of Police, the Governing Body shall score/rank as each such candidate as follows:

(a) Written examination. At least 20 calendar days before the written examination, the Chief of Police, or his designee, shall announce the date, time and location of the written examination. The Borough may enter into a contract with the New Jersey State Association of Chiefs of Police (NJSACOP) to develop, conduct and grade the written examination. Alternatively, the Governing Body may approve the use of a written examination not prepared by NJSACOP. The questions will be based upon basic police practices and may include police and investigative procedures, supervisory and administrative principles, New Jersey criminal law, report writing, search and seizure issues, New Jersey Attorney General Guidelines and Directives, legal aspects and requirements for police work, and such other criteria as determined by the NJSACOP, or as determined by the Governing Body. Eligible candidates who are scheduled to work during the written examination will be excused from duty to take the examination. The written test shall constitute 30% of the overall total score for each eligible candidate, based on a test that contains a maximum value of 100 points. For example, a candidate who receives 70 points out of the total of 100 possible total points for the written test shall receive 21 points towards the overall total score (70 points x 30% = 21 points). In advance of such written test, the minimum threshold/score required to be eligible for promotion shall be established by the Governing Body, and such minimum threshold/score shall be communicated, in writing, to all eligible candidates for promotion prior to their taking said test. Only those candidates who achieve such minimum score shall be eligible to continue forward in the promotion process for promotion to Chief of Police.

[1] A ranked list of eligible candidates for promotion shall be created based on the outcome of the aforesaid written test.

(b) Each eligible candidate shall be interviewed by an interview panel comprised of the Borough's Public Safety Committee and the Borough Administrative Officer ("interview panel"). All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. The results of such oral interview by said interview panel, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 40% of the overall total score for each eligible candidate based on the average score of all said interview panel members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 90 points for this oral interview shall receive 36 points towards his/her overall total score (90 points x 40% = 36 points).

(c) Each eligible candidate shall be interviewed by the Governing Body. All candidates to be interviewed by the Governing Body shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the score of all Governing Body members. The results of such oral interview by the Governing Body shall constitute 30% of the overall total score for each eligible candidate bared at the average score of the Governing Body members of such oral interview. The total possible score for this oral interview shall be 100 points. For example, a candidate who receives a total of 80 points for this oral interview shall receive 24 points toward his/her overall total score (80 points x 30% = 24 points).

(4) The candidate(s) for promotion to Sergeant receiving the highest score(s) as calculated by reference to Subsection C(1)(a), (b) and (c) above shall be deemed the first candidate eligible for promotion. The candidate(s) for promotion to Captain or Lieutenant receiving the highest score as calculated by reference to Subsection C(2)(a) and (b) above shall be deemed the first candidate(s) eligible for promotion. The candidate(s) for promotion to Chief of Police receiving the highest score(s) as calculated by reference to Subsection C(3)(a) and (b) and (c) above shall be deemed the first candidate(s) eligible for promotion.

D. Notwithstanding anything in this chapter to the contrary, the Borough of Allendale reserves the right to waive the written examination and/or oral interview components of the promotional process, when the number of eligible candidates for a particular position is equal to or less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough elects to so waive the written examination and/or oral interview components, all other components of the promotional process within this section not so waived shall remain in effect.

E. Notwithstanding anything in this chapter to the contrary, the Borough of Allendale reserves the right to relax and/or waive the eligibility requirements for a particular position(s) if the number of eligible candidates for such position(s) is less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough so elects to relax or waive the eligibility requirements, all candidates for the particular position(s), including those who are eligible as a result of the waiver or relaxation of such requirements, shall not be required to undergo or participate in the applicable process set forth in hereinabove.

F. Any appeal of the promotional process other than for the reasons set forth in Subsection F(1)(a) and (b) hereinbelow must be filed within 10 days of the posting of ranking of candidates, and failing same, such right of appeal shall be deemed waived. Said appeal must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will assess the request and make a determination of how the request will be addressed on a case-by-case basis.

(1) Such requests are limited to the following areas of the promotional process:

(a) Review and retabulation of the scored elements of the selection process.

(b) Review of any evaluation or internal document that was used in the selection process related to the applicant.

(2) Any appeal, for reasons other than those specified in Subsection F(1)(a) and (b) above, must be filed, in writing, by a candidate with the appropriate authority, within 10 days of the posting of the ranking of candidates. Any such appeal will be forwarded by the appropriate authority to the Governing Body which may, in its sole discretion, allow the candidate to be reevaluated, or take other action it deems appropriate.

(3) All determinations by Chief of Police or the Governing Body are final.

§ 26-26 Special policemen; police dispatchers; qualifications.

[Amended 8-26-2010]

A. The Borough Council, upon the nomination by the appropriate Council Committee, shall appoint all special policemen for a term not exceeding one year and may revoke such appointments without cause or hearing. All special policemen shall be residents of the State of New Jersey. Such special policemen shall carry out their duties and responsibilities under the direct supervision of the Chief of Police or Director of Public Safety. The powers, rights and duties, however, shall immediately cease at the expiration of the term for which they are appointed or upon revocation of their appointment. Special officers shall not carry any firearms or other weapons at any time except as otherwise directed by the Chief of Police or Director of Public Safety.

B. No person shall be appointed as a special policeman or a police dispatcher unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified, is of good moral character and shall not have been convicted of any crime. Every such special policeman and police dispatcher shall be fingerprinted, and his fingerprints shall be filed with the Division of State Police and Federal Bureau of Investigation. Reports shall be made by the Chief of Police or Director of Public Safety to the Council concerning the eligibility and qualifications of any person proposed to be appointed as a special policeman or police dispatcher.

§ 26-27 School crossing guards.

[Amended 8-26-2010]

School crossing guards shall be appointed to regulate and direct the movement of vehicles and pedestrians at specified intersections in the Borough. School crossing guards shall be under the supervision of the Chief of Police or Director of Public Safety, subject to the ultimate control of the Council.

§ 26-28 Chaplains.

[Added 2-25-1999]

A. Appointment. The Borough Council is hereby authorized, upon recommendation of the Chief of Police or Director of Public Safety, to appoint one or more Chaplains to the Police Department. Any person appointed as Chaplain(s) shall serve at the pleasure of the Governing Body.

[Amended 8-26-2010]

B. Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he is selected.

C. Membership. Upon appointment, said Chaplain(s) shall become a member of the Police Department to serve without rank or salary.

§ 26-29 Records.

[Amended 8-26-2010]

The Chief of Police or Director of Public Safety, with the assistance of such other members of the Department as he shall detail for that purpose, shall keep complete records as follows:

A. A police blotter in which shall be entered by the superior officer in charge the rank and hour of reporting each day for duty of each member and all complaints and matters pertaining to the Police Department.

B. A Department record book in which shall be entered the names in full of every person arrested and detained; the time of arrest; the nature of the complaint; the disposition made thereof; the name of the officer making the arrest; and the names and residences of all witnesses, together with a brief statement of any circumstances and facts of special interest pertaining thereto.

C. Every member of the Police Department shall carry at all times a book in which he shall enter, while on duty, all matters coming to his attention as a member of the Police Department and from this book shall transcribe the same to the permanent record book of the Department.

§ 26-30 Salaries.

The salaries of the members of the Police Department, including school crossing guards and police dispatchers, shall be as set forth in the ordinance establishing the compensation for employees of the Borough of Allendale.[1]

[1] Editor's Note: See Ch. 67, Salaries and Compensation.

§ 26-30.1 Designation of Appropriate Authority.

[Added 3-13-2014]

In accordance with N.J.S.A. 40A:14-118, the Mayor and Council of the Borough of Allendale is hereby designated as the Appropriate Authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law.

§ 26-30.2 Disciplinary actions.

[Added 3-13-2014]

Discipline of employees and police officers will be imposed consistent with New Jersey State statutes and the rules and regulations of the Allendale Police Department. The Chief of Police or designee will proffer written charges as provided in the New Jersey Statutes and the Police Department's rules and regulations. Police officers, special police officers, and employees may also be subject to discipline for violating other statutes, ordinances, and policies.

§ 26-30.3 (Reserved) [1]

[1] Editor's Note: Former § 26-30.3, Special protection, added 4-16-2020, was repealed 12-17-2020.