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Borough of Hasbrouck Heights, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 6-19-1946 by Ord. No. 553]
[Last amended 3-26-2013 by Ord. No. 2298]
A. 
There is hereby ratified and confirmed the creation of the Police Department of the Borough of Hasbrouck Heights pursuant to, in accordance with and for the purposes as provided in N.J.S.A. 40A:14-118 et seq., and further as hereinafter provided in this chapter.
B. 
The said Police Department shall consist of the following offices: a Chief of Police, one Captain, four Lieutenants, seven Sergeants and so many Patrol Officers as may from time to time be appointed, each of whom shall be appointed as provided herein and each of whom shall be compensated as provided in the Salary Ordinance of this Borough.[1] The Mayor and Council shall have the complete discretion to fill any vacancy that may exist in any of the aforesaid offices, or to defer from filling any such vacancy. This provision shall constitute the official Table of Organization of said Police Department.
[Amended 5-28-2013 by Ord. No. 2302; 8-23-2016 by Ord. No. 2364]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
[Added 2-24-1976 by Ord. No. 1062; amended 12-27-1977 by Ord. No. 1108; 10-28-2003 by Ord. No. 2019; 12-13-2016 by Ord. No. 2378]
A. 
The Police Department of the Borough of Hasbrouck Heights shall consist of two Divisions, the Investigations Division and the Patrol Division.
B. 
Each Division shall be under direction of one of its members who shall be assigned thereto by and be under the direction of the Chief.
C. 
There is hereby further constituted a Detective Bureau within the Investigations Division. The Detective Bureau shall be under the direction of one of its members who shall be assigned by the Chief and who shall serve under the Chief's direction.
[Amended 3-23-1982 by Ord. No. 1209; 10-28-2003 by Ord. No. 2019; 3-26-2013 by Ord. No. 2298]
A. 
Consistent herewith and subject hereto, the Mayor shall see that the laws of the United States and of the State of New Jersey and the ordinances of the Borough are faithfully executed.
B. 
Each year upon the annual reorganization of the governing body, the Mayor shall appoint a Police Commissioner and a Deputy Police Commissioner from the membership of the Borough Council. The Mayor and the said Police Commissioner and Deputy Police Commissioner shall serve as the Police Committee of the Borough of Hasbrouck Heights, which Police Committee shall constitute the “appropriate authority” under N.J.S.A. 40A:14-118. It shall be the duty of the Police Committee to adopt rules and regulations for the governance of the Police Department and for the discipline of its members. Nothing contained herein to the contrary withstanding, the Chief shall be the head of the Police Department, shall be directly responsible to the Police Committee for the efficiency and routine day-to-day operation thereof, and shall, pursuant to policies established by the Police Committee:
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
(2) 
Have, exercise and discharge the functions, powers and duties of the force and administer and enforce laws and ordinances;
(3) 
Prescribe the duties and assignments of all subordinates and other personnel;
(4) 
Delegate so much of his/her authority as he/she may deem necessary for the efficient operation of the force, to be exercised under his/her direction and supervision; and
(5) 
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.
[Amended 12-4-1946 by Ord. No. 559; 10-28-2003 by Ord. No. 2019; 3-26-2013 by Ord. No. 2298; 12-13-2016 by Ord. No. 2378]
In authority in said Police Department, a Patrol Officer shall rank below any Sergeant; a Sergeant shall rank below any Lieutenant; a Lieutenant shall rank below any Captain; and a Captain shall rank below the Police Chief. Within any of the aforesaid ranks, tenure within that rank and time in service shall be recognized. The officers and members of said Police Department shall obey and perform any and all orders and directions of any superior officer in accordance with the aforesaid rank.
[Amended 10-28-2003 by Ord. No. 2019; 3-26-2013 by Ord. No. 2298]
All members and officers shall be appointed to and promoted within the Police Department only upon the nomination of the Mayor and the confirmation of such nomination by the Borough Council, after such nomination is recommended as herein provided.
[Amended 5-29-1990 by Ord. No. 1538]
Except as otherwise provided by law, no person shall be appointed as a member of the Police Department unless he is:
A. 
A citizen of the United States.
B. 
Sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to his eligibility for membership in the retirement system.
C. 
Able to read, write and speak the English language well and intelligently.
D. 
Of good moral character and has not been convicted of any criminal offense involving moral turpitude.
[Added 10-10-1978 by Ord. No. 1126]
In the case of all appointments of patrolmen or members in the Police Department, each such appointment shall be for a probationary period of one year after such appointee shall have received New Jersey Police Training Commission certification, and the employment of such appointee shall be subject to termination on the expiration of such probationary period, without express cause, by resolution of the Mayor and Council adopted not more than 30 days from the date of the expiration of such appointee's probationary appointment.
[Added 3-26-2013 by Ord. No. 2298[1]]
The Police Committee shall constitute a Police Examining Board. No person shall be recommended to the Mayor for nomination to appointment as a member or officer of said Department until after said Police Examining Board shall have carefully examined the educational, mental, moral and physical fitness of such person and shall have certified, in writing, by its certificate filed with the Borough Clerk, that such person meets the qualifications prescribed by this article. Prior to the making of any such recommendation, it shall be the duty of said Police Examining Board to consider any and all applications for appointment to said Police Department filed with it, in writing, and to rate said applicants according to their fitness. The Police Examining Board is further authorized to direct that each application for appointment be accompanied by a fee payable to the Borough as set forth in Chapter 133, Fees.
[1]
Editor's Note: This ordinance also repealed former § 55-8, Promotion. See now § 55-9.
[Added 3-26-2013 by Ord. No. 2298[1]; amended 12-13-2016 by Ord. No. 2378[2]]
No member or officer shall be recommended to the Mayor for promotion within the Department until approved by the Police Committee as the result of the following promotional process; this process shall, in all respects, comply with the terms of Article VIII entitled "Antinepotism" of Chapter 45 of the Borough Code.
A. 
Promotional policy. Due consideration shall be given to the candidate for the promotion to the length and merit of his or her service and preference shall be given according to his or her seniority in service.
B. 
General procedures.
(1) 
The promotional process shall commence upon notice from the Mayor to the governing body that he or she seeks to make promotions pursuant to § 55-5 of this Code. If approved by the governing body, the Chief of Police or, in the event of his or her disqualification, the next highest ranking officer of the Department, under the direction of the Police Committee, shall initiate and administer a promotional process as provided hereafter.
(2) 
Thereupon, the Chief of Police or his or her substitute shall, under the supervision of the Police Committee, give all members of the Department notice of the promotional process a promotional announcement and the form of candidate's letter of intention, the forms of both of which shall be approved by the Police Committee. The form of the promotional announcement shall include a statement of the minimum qualification to be eligible for consideration. The form of candidate's letter of intention shall include a specific acknowledgment that the candidate understands and consents to the release in confidence for consideration only by the members of the Police Committee and only in relation to the promotion sought by that candidate, all of his or her Department records and personal files; all such records shall remain confidential and none of those personnel records shall be copied or removed from the meeting. Those records shall be reviewed and scored by the Police Committee in confidence and, except for the total score given to each candidate, those scores shall continue to be kept confidential.
(3) 
The approved promotional announcement shall be conspicuously posted in the Police Department beginning on a date fixed by the Police Committee and simultaneously dispatched together with the approved form of candidate's letter of intention to all eligible police officers in writing addressed to their respective place of residence by certified mail, return receipt requested. Additionally, at that time, the Chief of Police or his or her substitute shall notify any eligible candidates who are on extended leave in such further manner reasonably designed to provide such candidates with the aforesaid notice.
(4) 
In the event that a Department member is on extended leave and the Chief of Police or his or her substitute is unable to contact such a member, the Police Committee may grant to such a candidate a reasonable extension of the time limit for the submission of a candidate's letter of intention and resume.
(5) 
Within 14 days of the posting as aforesaid promotional announcement, interested candidates must submit to the office of the Chief of Police a dated candidate's letter of intention in the approved form indicating that they wish to be a candidate for promotion to a particular rank including a signed acknowledgment in respect to personnel records as aforesaid and together with the candidate's resume.
(6) 
Resumes shall be in the form of a standard business resume including, but not limited to, the following information, if applicable:
(a) 
Education;
(b) 
In-service professional schooling;
(c) 
Prior police experience; and
(d) 
Experience in the Hasbrouck Heights Police Department including but not limited to Departmental responsibilities and assignments, duties, training, commendations, and other relevant information.
C. 
Eligibility for promotion.
(1) 
Any officer who, at the time that the promotional process is posted, has served at least five full years in any law enforcement agency of the State of New Jersey, at least three full years of which have been served in the Hasbrouck Heights Police Department, will be eligible for promotion to Sergeant; any officer who has served at least two full years as a Sergeant in the Police Department of the Borough of Hasbrouck Heights at the time that this promotional process is posted will be eligible for promotion to Lieutenant; and any officer who has served at least two full years as a Lieutenant in the Police Department of the Borough of Hasbrouck Heights at the time that this promotional process is posted will be eligible for promotion to Captain.
(2) 
Further, a sworn member of the Department shall be eligible to participate in the promotional process if he or she meets the minimum qualifications for promotion fixed by this article and as further set by the Police Committee and as set forth in the approved promotional announcement.
D. 
Employment review.
(1) 
The employment review shall be based on each candidate's personnel files and shall include, but not be limited to, the following:
(a) 
Review of departmental records and training records;
(b) 
Arrests and summonses;
(c) 
Results of periodic reviews;
(d) 
Completed education;
(e) 
Seniority;
(f) 
Supervisory experience;
(g) 
Military service;
(h) 
Commendations; and
(i) 
Departmental community service.
(2) 
The Police Committee shall meet with the Police Chief or his or her substitute and create a written form to use for the employment review. The Chief or his or her substitute shall provide the Police Committee with all of the candidate's departmental records and personal files; none of those records shall be copied or removed from the meeting. Those records shall be reviewed and scored by the Police Committee in confidence and, except for the total score given to each candidate, those scores shall continue to be kept confidential. The employment review will account for 35% of the final score in the overall promotional process.
E. 
Oral examination.
(1) 
The Police Committee shall, in consultation with the Police Chief or his or her substitute and in consultation with such other consultants as may be retained by the Police Committee with the approval of the governing body, prepare the questions to be posed to the candidates during their oral examination. The oral examination shall be prepared in a manner intended to assist the Police Committee in assessing the various candidates' qualifications for the positions sought, and shall focus on the desired skills, knowledge and abilities deemed by the Police Committee to be required for the candidate's position.
(2) 
All candidates will be asked the same or similar questions during the oral examination. Questions will be asked by the Police Committee members only. The Police Committee members will score the oral examinations on a standard form and scores from the individual Committee members will be averaged numerically with a score of 100 being the highest available score. The Chief or his or her sustitute shall not provide scores for the various candidates but may make recommendations to the Police Committee members regarding scores for the various candidates.
(3) 
Candidates shall be directed that they are prohibited from any discussion or any mention of an examination question until the entire promotional process has been concluded.
(4) 
The oral examination shall account for 55% of the candidate's final score in the overall promotional process.
F. 
Final scores.
(1) 
At the conclusion of the aforesaid process, the Police Committee shall further meet in closed session and the Police Chief or his or her substitute shall advise of his or her recommendations which shall account for 10% of the candidate's final score.
(2) 
The Police Committee shall review the final scores based upon the three components of the promotional process (the employment review, 35%; the oral examinations, 55%; and the Chief's recommendations, 10%); and the Police Committee shall convey its recommendations based upon the completed promotional process to the Mayor.
(3) 
If the Mayor decides to make a nomination, then the Mayor shall nominate any one of the three highest scoring candidates for each respective promotion.
(4) 
If no promotions occur for any reason, the completed list will be maintained for up to two years at the discretion of the Police Committee. After at least one promotion has been made from the list within that period, the Police Committee may choose to conduct a new promotional process for any further promotions.
G. 
Notification of promotion. Prior to the Department announcing promotions, each candidate shall be personally and confidentially notified in writing of his or her final score and the outcome of the selection process at the conclusion of the process, but only after the vote by the Mayor and Council, pursuant to § 55-5 of the Borough Code.
[1]
Editor's Note: This ordinance also repealed former § 55-9, Police Examining Board; application fee, as amended. See now § 55-8.
[2]
Editor's Note: This ordinance also repealed former § 55-9.1, Promotional process, which immediately followed this section, added 3-26-2013 by Ord. No. 2298.
Upon appointment, an officer or member of said Police Department shall take the oath prescribed by law and file the same with the Borough Clerk. The failure so to do within 30 days shall constitute said office vacant.
[Amended 5-29-1990 by Ord. No. 1538]
Pursuant to N.J.S.A. 40A:14-128, the officers and members of said Police Department shall severally hold their respective offices and continue in their respective employment during good behavior and shall not be removed from office, suspended, fined or reduced for political reasons or for any other cause than incapacity, misconduct or disobedience of the rules and regulations established for the government of the Police Department and until after written charges of the cause of complaint shall have been preferred against such officer or member signed by the person making such charges and filed with the Police Commissioner, and after the charges shall have been publicly examined by the Mayor and Council upon reasonable notice to the person charged and he shall have been given a fair trial upon said charges and every reasonable opportunity to make his defense.
The Police Commissioner may, for good cause, temporarily relieve any officer or member of the Department from duty pending trial on charges, but such trial shall be commenced within 30 days, and if not so commenced, the charges shall be deemed to have been dismissed and said officer or member returned to duty.
The officers and members of said Police Department shall require the enforcement of all criminal laws and ordinances within the Borough of Hasbrouck Heights, suppress all violations thereof, seek out, arrest and prosecute all persons who may be charged with or whom they have reasonable ground for believing are guilty of any such violations and take any and all other actions as may be necessary or proper to preserve the public peace, prevent crime and protect life and property.
[Amended 5-29-1990 by Ord. No. 1538]
The officers and members of said Police Department shall have all the powers of a constable appointed in said Borough. They shall have authority and it shall be their duty to serve and execute any and all processes issued out of the Municipal Court.
In the event of emergency or widespread conflagration, the Police Commissioner or Chief may, upon request of the Chief of the Fire or Police Department or the Mayor of any other municipality for assistance, provide and render such assistance by supplying police aid in protection of life and property or assistance in quelling any riot or in suppressing any conflagration.
[Amended 5-29-1990 by Ord. No. 1538]
The Police Committee shall, from time to time, prescribe the uniform and wearing apparel and other equipment which shall be worn or used by the officers and members of the Police Department at such time as may be directed by said Police Committee.[1]
[1]
Editor's Note: Original Section 15, which immediately followed this section and dealt with uniforms and equipment, was deleted 5-29-1990 by Ord. No. 1538.
All officers and members of said Police Department shall be considered always on duty and shall not be engaged in any other business or interested in any other employment, either with or without compensation, without the written consent of the Police Commission.[1]
[1]
Editor's Note: Original Section 17, which immediately followed this section and dealt with termination due to unauthorized absence from duty, was deleted 5-29-1990 by Ord. No. 1538.
No officer or member of the Police Department shall, without permission of the Police Commissioner, use or permit any automobile, equipment or other property furnished by the Borough for said Department to be used for private purposes or other than in the performance of police work.
[Amended 11-28-2000 by Ord. No. 1913]
Except in case of imminent peril to life or property or other proper emergency, the regular officers and members of the Police Department shall not, without the permission of the Police Chief, act as special guard or escort for a private person or property. Any person, firm or corporation who may desire special police protection in the absence of any imminent peril to life or property or other proper emergency shall request the same from the Police Chief and if, in the opinion of said Police Chief, officers and men of the Department shall be available, said special protection may be furnished upon the payment of a charge to cover the cost thereof as set forth in Chapter 133, Fees.[1]
[1]
Editor's Note: Original Sections 20, 21 and 22, which immediately followed this section and dealt with temporary and special police, were deleted 5-29-1990 by Ord. No. 1538.