[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES 67-1"
Municipal Court — See Ch. 15.
Fire Department and Rescue Squad — See Ch. 34.
Salaries and compensation — See Ch. 86.
Alcoholic beverages — See Ch. 110.
Animals — See Ch. 118.
Drug-free zones — See Ch. 148.
Noise — See Ch. 204.
Peace and good order — See Ch. 212.
Property maintenance — See Ch. 224.
Taxicabs — See Ch. 270.
Vehicles and traffic — See Ch. 280.
[Adopted 12-15-1971 by Ord. No. 631R as
Ch. 25, Art. I, of the 1971 Code]
[Amended 12-28-1999 by Ord. No. 99-25R; 4-8-2008 by Ord. No. 08-03R]
A Police Department, as sometimes referred to
in this chapter as the "police force," is hereby established. The
Police Department shall consist of such regular policemen and special
policemen as appointed by the Mayor with the consent of Council, as
well as such police dispatchers as appointed by the Mayor with the
consent of Council.
[Amended 12-28-1999 by Ord. No. 99-25R]
The Mayor and Public Safety Committee of the
Council shall constitute and be known and designated as the "Board
of Police." The Chair of the Public Safety Committee shall be the
Chair of the Board of Police. He/she shall be known and designated
as the "Commissioner of Police."
[Amended 12-15-1971 by Ord. No. 631R; 5-10-1978 by Ord. No.
687R; 12-28-1999 by Ord. No. 99-25R]
A.
When eligible personnel are available, there shall
be a Chief of Police who shall be appointed by the Mayor with the
consent of Council.
[Amended 3-15-2021 by Ord. No. 21-06-R]
B.
When eligible personnel are available, there shall
be one or more Captains of the Police who shall be appointed by the
Mayor with the consent of Council.
[Amended 3-15-2021 by Ord. No. 21-06-R]
C.
When eligible personnel are available, there shall
be one or more Lieutenants who shall be appointed by the Mayor with
the consent of Council.
[Amended 3-15-2021 by Ord. No. 21-06-R]
D.
There shall be one or more Sergeants of Police who
shall be appointed by the Mayor with the consent of Council.
E.
There shall be one or more Corporals of Police who
shall be appointed by the Mayor with the consent of Council.
F.
The Mayor and Council shall only promote a police officer to a superior position upon recommendation of the Chief of Police and the Board of Police, except the recommendation of the Chief of Police in the case of § 67-3A shall not be binding. In all other cases of promotion, the Chief of Police shall provide two recommendation unless otherwise directed by the Board of Police. Promotions of any members or officers of the Police Department to a superior position shall be based upon merit as determined by suitable promotion tests for such positions, except the positions of Chief of Police and Captain, and shall comply with N.J.S.A. 40A:14-122.6, 40A:14-129, and 40A:14-130. For promotion to the positions of Chief of Police and Captain, the Mayor and Council may promote an eligible Lieutenant to the position of Captain and an eligible Captain or Lieutenant to the position of Chief of Police without requiring a promotion test, and may consider such factors as merit in service, duration of service and length of service with the Borough. In addition to any other requirement for promotion set forth in this § 67-3F, a Lieutenant is not eligible for promotion to a superior position unless he or she has successfully completed a police staff and command course approved by the Public Safety Committee. A list of approved police staff and command courses shall be maintained by the Public Safety Committee and posted in the Police Department.
[Amended 4-9-2002 by Ord. No. 02-03R]
G.
No police officer in the Borough is eligible for promotion
to Sergeant until he/she has served not less than three years as a
police officer. Credit of up to one year will be granted for service
with another police agency; in such case, the officer taking the promotional
exam must have not less than three years' service with the Fanwood
Police Department. Officers taking a promotional exam must have served
in the officer's present rank for a minimum of one year before being
promoted to the next rank unless there are less than three qualified
applicants for the position. The Mayor and Council may waive this
time requirement. The Mayor, with the consent of Council, and upon
the recommendation of the Chief of Police and the Public Safety Committee,
may advance a police officer one level within the rank of patrolman
for especially good work or meritorious service.
[Amended 12-10-2002 by Ord. No. 02-22R; 3-15-2021 by Ord. No. 21-06-R]
H.
There shall
be one or more police dispatchers, who shall be appointed by the Mayor
with the consent of Council.
[Added 4-8-2008 by Ord. No. 08-03R]
I.
In the event that eligible personnel are unavailable to meet the staffing levels identified in this section, the law enforcement functions normally ascribed to the Chief of Police shall be assigned to the officer in charge as identified and specified by § 67-10A or B.
[Added 3-15-2021 by Ord. No. 21-06-R]
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
The Public Safety Committee may appoint a physician
who shall examine all candidates for appointment to the Police Department,
including all candidates for the position of all classes of special
police officers. The physician shall make a written report to the
Mayor and Council of the results of each examination, together with
the physician's opinion of the physical fitness of the person examined.
[Amended 4-20-2020 by Ord. No. 20-09R]
B.
The Public Safety Committee approved psychological
examination must be passed by all candidates, at least than six months
prior to appointment to the Police Department. The Chief of Police,
with the consent of the Public Safety Committee, may refer any officer
presently employed for a psychological examination to determine fitness
for duty where it is believed that there is a reasonable basis for
requiring same for the safety of the Borough and the Police Department.
[Amended 4-20-2020 by Ord. No. 20-09R]
[Amended 12-28-1999 by Ord. No. 99-25R; 4-20-2020 by Ord. No. 20-08R]
Except as provided by law, no person shall be appointed as a
member of the Fanwood Police Department unless the individual possesses
the following qualifications:
A.
Be able to read, write and speak the English language well and intelligently;
B.
Be a citizen of the United States and a resident of New Jersey pursuant
to N.J.S.A. 40A:14-123.1;
C.
Has never been convicted of a criminal offense involving moral turpitude;
D.
Be not less than 21 years old nor over 35 years old, except as otherwise
set forth in N.J.S.A. 40A:14-127 and N.J.S.A. 40A:14-127.1;
E.
Be of good health and sound body as shown by a certificate of the examining physician and psychologist as provided in § 67-4 and sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to the person's eligibility for membership in the retirement system and provide proof of fitness for duty as a police officer;
F.
An applicant must meet one of the following educational requirements:
(1)
A bachelor's degree in criminal justice or public administration,
signifying completion of the undergraduate curriculum and graduation
from an accredited college or university; or
(2)
An associate's degree in criminal justice or public administration
or have completed 60 college credits towards a degree in criminal
justice or public administration from an accredited college or university
and at least two years of satisfactory employment; or
(3)
Completed 60 college credits towards a degree in criminal justice
or public administration or equivalent from an accredited college
or university, and at least two years of active duty military service
with an honorable discharge and be a certified police officer by the
New Jersey Police Training Commission;
G.
Successful completion of a test to be determined and administered
by the Borough;
[Amended 2-16-2021 by Ord. No. 21-02-R]
H.
Successful completion of comprehensive background investigations;
I.
Successful completion of comprehensive drug screenings;
J.
Successful completion of the Fanwood Police Department, Public Safety
Committee and Borough Council oral interviews;
K.
Successful completion of the New Jersey State Certified Police Training
Program;
L.
Successful completion of the Fanwood Police Department Field Training
Program;
M.
Successful completion of the Fanwood Police Department probationary
period;
N.
Comply with the Fanwood Police Department tattoo policy;
O.
Preference given to residents of the Borough of Fanwood, Township
of Scotch Plains, Union County, subject to the provisions of N.J.S.A.
40A:14-123.1;
P.
Comply with all Fanwood Police Department, Public Safety Committee
and Borough Council policies;
Q.
Be of good moral character; and
R.
Possess a valid New Jersey driver's license.
[Amended 5-13-1981 by Ord. No. 721R; 6-9-1982 by Ord. No.
82-05R; 12-28-1999 by Ord. No. 99-25R]
A.
Patrol officers shall be divided into seven classes:
(1)
Class A, those who have served as patrol officers
for six years.
(2)
Class B, those who have served as patrol officers
for five years.
(3)
Class C, those who have served as patrol officers
for four years.
(4)
Class D, those who have served as patrol officers
for three years.
(5)
Class E, those who have served as patrol officers
for two years.
(6)
Class F, those who have completed at least 12 months'
probation.
B.
Upon recommendation of the Chief of Police and the
Public Safety Committee, the Mayor and Council may require a police
officer in any class, except Class A, to serve a longer period than
specified because of unsatisfactory service.
A.
Annual salaries. The annual salaries of the members
of the Police Department shall be fixed and set forth in the annual
Salary Ordinance. A copy of the current Salary Ordinance shall be
kept on file in the office of the Borough Clerk for examination and
inspection by the public.
[Amended 12-15-1971 by Ord. No. 631R]
B.
Longevity payment.[2]
[2]
Editor's Note: Former Subsection B, Longevity
payment, added 3-10-1971 by Ord. No. 623R, as amended, was removed
from the Code at the request of the municipality. Current longevity
payment provisions, which are included in the annual Salary Ordinance,
are on file in the office of the Borough Clerk.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
Regular and special police officers appointed pursuant
to this chapter shall constitute and be recognized and obeyed as the
Borough Police. The duties and powers of police officers shall be
those prescribed or conferred by New Jersey law, by the Borough Code,
and by the rules and regulations and/or bylaws governing the police
established from time to time by the Mayor and Council, by the Public
Safety Committee, and/or by the Chief of Police.
B.
Police officers shall be faithful and diligent in
preserving the peace; preventing breaches of the peace and crimes
about to be committed; detecting offenders, and, when appropriate,
bringing formal charges against offenders for violation of any federal
or state laws, or this Borough Code; protecting the rights of persons
and property; maintaining decorum and morality in public places and
public assemblages; and in rendering timely and efficient aid and
protection in all cases.
D.
Police officers may report any defects in the streets
or sidewalks which they might observe. Police officers shall report
anything observed by them likely to cause a danger to the public.[2]
[2]
Editor's Note: Former § 25-9, Powers
of Board of Police, and former § 25-10, Powers of Commissioner,
which previously followed this section, were repealed 12-28-1999 by
Ord. No. 99-25R.
E.
Special
law enforcement officers pursuant to the meaning and definition of
"The Special Law Enforcement Act, N.J.SA. 40A :4-146.8 et. seq., as
amended, may be appointed by the governing body for a term not exceeding
one year and shall be under the direction of the Police Director,
Chief of Police, or officer in charge as the case may be to perform
law enforcement functions of the department, provided that such officers
have satisfied such requirements of the New Jersey Police Training
Commission in accordance with N.J.S.A. 40A:14-146.11. Special law
enforcement officers shall possess and exercise all the powers and
duties authorized by statute and permitted by law during their term
in office. The Director, the Chief of Police, or officer in charge
may authorize special law enforcement officers, when on duty, to exercise
the same powers and authority as regular members of the Police Department,
when on duty. The following classes of special law enforcement officers
are authorized:
[Added 8-16-2021 by Ord. No. 21-17-R]
(1)
Class One (SLEO I). Officers of this class shall be authorized to
perform routine traffic detail, spectator control, and similar duties.
Class One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances, and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited
and a Class One officer shall not be assigned any duties which may
require the carrying or use of a firearm;
(2)
Class Two (SLEO II). Officers of this class shall be authorized to
exercise full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
commission, and may only possess the firearm when on-duty;
(3)
Class Three (SLEO III). Officers of this class shall be 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 the jurisdiction of employment, 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;
(4)
The powers, rights and duties of any special officer shall immediately
cease at the expiration of the term for which they were appointed
or upon the revocation of their appointment. The Mayor shall have
the power to call upon special officers in cases of emergency or for
any special duties and shall have the authority to appoint additional
special or temporary officers in cases of emergency. Every special
officer shall be fingerprinted and his/her fingerprints shall be filed
with the Division of State Police and Federal Bureau of Investigation.
The rate of compensation to be paid for services of special police
officers shall by fixed by the governing body, from time to time,
by ordinance or resolution pursuant to the Borough Code;
(5)
The total number of special law enforcement officers shall not exceed
25% of the department.
(6)
Any individual appointed by the governing body to serve as a special
law enforcement officer under this section shall not be considered
as regular members of the Police Department and shall not be entitled
to tenure in accordance with N.J.S.A. 40A:14-146.14.
[Amended 6-11-1980 by Ord. No. 716R; 12-28-1999 by Ord. No.
99-25R; 3-1-2021 by Ord. No. 21-08-R]
A.
The Chief of Police shall be the executive head of the Police Department
and shall be responsible to the Mayor and Council for the efficiency
and routine day-to-day operations, and the Chief of Police shall be
the final departmental authority in all matters of policy, operations,
and discipline and shall, pursuant to policies established by the
Public Safety Committee.
(1)
The Chief of Police shall be responsible for the general safety and
welfare of the citizens of the Borough.
(2)
In addition to enforcing the laws of this state, the County of Union
and the Borough, the Chief shall, under the provisions of law and
this chapter, have the power and authority to:
(a)
Make, administer, and enforce rules and regulations and special
emergency directives for the control, disposition, and discipline
of the Police Department and its officers and personnel.
(b)
Establish procedures for the hearing and determination of charges
of violations of department rules and regulations by any member of
the Police Department. Officers charged with a violation resulting
in a fine, reprimand, suspension, removal, or dismissal from the department
must receive written notification of such charges preferred against
them in a timely manner as may be prescribed by rules and regulations
of the Police Department or applicable laws or contracts. All charges
shall be examined, heard, and investigated as directed by the Chief
of Police. The Chief of Police may appoint a Board of Discipline selected
from among the members of the Police Department to hear such charges.
(c)
In his/her/their discretion, deduct and withhold salary from
any member of the Police Department on account of absence for any
cause without leave.
(d)
Have and exercise all the functions, powers and duties of a
department head as otherwise prescribed by the Borough Code.
(e)
Have, exercise, and discharge the functions, powers, and duties
of the department.
(f)
Prescribe the internal organization of the department and the
duties of his/her subordinates and assistants.
(g)
Administer the work of the department through the divisions
established by the rules and regulations of the department and such
other units of administration as he/she/their may find necessary or
desirable.
(h)
Assign officers and employees within the department and prescribe
functions, powers, and duties to them.
(i)
Delegate such of the Police Chief's power and authority as he/she
may deem necessary for the efficient administration of the department,
to be exercised under his/her/their discretion and supervision by
division heads or the officer in charge; and
(j)
Report at least monthly to the Mayor and Council, in such form
as shall be approved by the Public Safety Committee, on the work of
the department during the preceding month.
B.
The Chief of Police shall be responsible for the general safety and
welfare of the citizens of the Borough. In addition to enforcing the
laws of this state, the County of Union and the Borough, the Chief
shall, under the provisions of law and this chapter, have the power
and authority to:
(1)
Issue any licenses or permits for any federal, state, county or Borough
regulation as may be the responsibility of the Police Department.
(2)
Communicate to the Board of Health the presence of any contagious
or infectious disease or the existence of any nuisance in the Borough
which may be detrimental to public health.
(3)
Inspect streets, roads, sidewalks, alleyways, and public and private
properties for hazards which may affect the safety, health, or welfare
of the citizens of the Borough. The Chief shall report such inspections
and hazards to the Public Safety Committee for referral to the Mayor
and Council; and
(4)
Close any streets or parts of streets whenever it is deemed to be
in the best interests of the general safety or welfare of the users
of said streets or the Borough.
(5)
Exercise any other powers and functions delegated to the Chief of
Police by the Office of the Governor.
C.
Police Director. There is hereby established the position of Police
Director of the Borough of Fanwood. The Police Director may be appointed
by the Mayor with the advice and consent of the Borough Council to
head the Police Department, serving at the pleasure of the Mayor.
(1)
Should a vacancy arise in the position of Chief of Police, either
due to retirement, resignation, death, termination or dismissal, or
the Chief of Police has otherwise relinquished his/her/their powers,
functions and duties, the Police Director shall serve as the head
of the Police Department.
(2)
Unless otherwise prohibited by law, the Police Director shall assume
and exercise the authority and responsibilities of the Chief of Police
and shall promulgate procedures, directives and orders for day-to-day
administration and operation of the department.
(3)
Without limitation, this authority shall include the duties and responsibilities
established under N.J.S.A. 40A:14-118 and the duties and responsibilities
established under this code. Wherever there is a reference in any
law or ordinance to the Chief of Police or to the Police Chief, such
reference shall be deemed to mean the Police Director.
(4)
In those instances, in which the Police Director is precluded by
law from acting, the officer in charge or ranking officer shall assume
those duties.
(5)
The Police Director shall have the power and authority to:
(a)
Be responsible to the appropriate authority for the efficiency
and routine day-to-day operations of the Police Department. Make,
administer, and enforce rules and regulations and special emergency
directives for the control, disposition, and discipline of the Police
Department and its officers and personnel.
(b)
Establish procedures for the hearing and determination of charges
of violations of department rules and regulations by any member of
the Police Department.
(c)
In his/her/their discretion, deduct and withhold salary from
any member of the Police Department on account of absence for any
cause without leave.
(d)
Have and exercise all the functions, powers and duties of a
department head as otherwise prescribed by the Borough Code, including
but not limited to preparing an annual budget request for the needs
of the department and administer same.
(e)
Prescribe the internal organization of the department and the
duties of his/her/their subordinates and assistants.
(f)
Administer the work of the department through the divisions
established by the rules and regulations of the department and such
other units of administration as he/she/they may find necessary or
desirable.
(g)
Assign officers and employees within the department and prescribe
functions, powers, and duties to them.
(h)
Delegate power and authority as he/she/they may deem necessary
for the efficient administration of the department, to be exercised
under his/her/their discretion and supervision by division heads or
the officer in charge.
(i)
Report at least monthly to the Mayor and Council, in such form
as shall be approved by the Public Safety Committee, on the work of
the department during the preceding month.
(j)
Keep abreast of the public safety requirements of the Borough
and formulate policies, plans and procedures to determine needs.
(k)
Regularly review the ordinances of the Borough dealing with
public safety and make recommendations to the Public Safety Committee.
(l)
Establish and maintain relations with school, civil, and private
organizations to assure a full understanding of the public safety
effort.
(m)
Conduct public relations and public information programs on
behalf of the department in order to maintain the required relationship
between the department and the citizens of the Borough of Fanwood.
(6)
In the event the Office of Police Director is vacant, the powers
described in this section shall extend to the Chief of Police or the
designated officer in charge.
(7)
The authority reserved for the Chief of Police shall be divested
from the Police Director at such time as an individual is appointed
to fill the position of Chief of Police.
[Amended 12-15-1971 by Ord. No. 631R; 3-15-2021 by Ord. No. 21-05-R]
A.
The Captain of Police senior in service shall have charge of the
police headquarters and command over the members of the police force,
subject always to the orders of the Chief of Police. The Captain shall
possess and exercise all of the police powers authorized by law. In
the absence of the Chief of Police, the Captain shall be the acting
Chief.
B.
In the absence of a Chief of Police or Senior Captain as acting chief,
the "officer in charge," shall be the senior ranking member of the
department assigned to a position requiring the exercise of immediate
supervision over the activities of other members or employees. In
such an event, the officer in charge shall possess and exercise all
of the police powers authorized by law. The officer in charge shall
be designated by the Mayor with consent of Council.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
Every member of the Police Department shall devote
his/her whole time and attention to the business of the Department.
He/she shall not follow any other calling or be employed in any business
except pursuant to express written permission of the Chief of Police.
Notwithstanding that certain hours are allotted to the respective
members for the performance of duty on ordinary occasions, the members
must be prepared at all times to act immediately on notice that their
services are required.
B.
No member of the Police Department shall be absent
from duty without permission from the Chief of Police or from the
officer in charge of the Department.
C.
An unexplained absence for five days or more of any
member of the Police Department shall be deemed and held to be a resignation
by such member and shall be accepted as such.
D.
Any member of the Police Department absent from duty
because of sickness or injury shall be given the entitlements provided
for in the current Police Benevolent Association's contract. Any member
of the Police Department who may be prevented by sickness or any other
cause from reporting to police headquarters at any time when it is
his/her duty to do so shall immediately and without delay report,
or cause to be reported, the reason for his/her absence to the Chief
of Police or officer in charge of the Police Department at the time.
A certificate from a physician attesting to an officer's fitness for
duty shall be provided to the Chief of Police, or his/her designee,
when the length of an illness or injury is:
E.
Each member of the Police Department shall report
his/her place of residence to the Chief of Police with such particularity
as to enable the residence to be easily found. He/she shall report
any change of residence within 24 hours after such change shall occur.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
Persons arrested for any violation shall be promptly
taken to police headquarters and processed according to applicable
rules and regulations and standard operating procedures of the Police
Department, promulgated court rules and existing laws.
B.
The police officer shall thereafter return to his/her
assigned duties with as little delay as possible.
[Amended 12-28-1999 by Ord. No. 99-25R]
When an arrested person is brought to police
headquarters, the shift supervisor shall ensure all applicable departmental
rules, regulations, and procedures along with applicable court rules
and laws are adhered to and all reports complete and accurate.
[Amended 12-28-1999 by Ord. No. 99-25R]
Each member of the Police Department shall complete
and submit to the shift supervisor all required reports in a timely
manner. Reports shall remain on file according to the retention schedule
prescribed for by law.
[Amended 12-28-1999 by Ord. No. 99-25R]
All equipment, such as uniforms, arms, batons,
shields, badges, and the like, shall be supplied to the Chief of Police
and members of the Police Department free of cost. Such equipment
shall remain the property of the Borough. Members of the Police Department
dismissed or resigning therefrom shall immediately surrender to the
Chief of Police, or his/her designee, all police identification, police
equipment and uniform of the Department which may be in their possession.
Members of the Police Department who are suspended from duty by the
Chief of Police shall immediately surrender their police shield or
badge, police identification, police firearm and such other police
equipment as designated by the Chief of Police or his/her designee.
A.
Every police officer when reporting for duty must
be neat in his/her person, his/her clothes and shoes shall be clean,
and his/her dress and uniform shall be in conformity with the provisions
of this chapter and the rules and regulations made pursuant hereto.
[Amended 12-28-1999 by Ord. No. 99-25R]
B.
Uniforms shall be of such style and material as shall
be prescribed by the Mayor and Council.
C.
All members of the police force shall wear uniform
caps or helmets, shields, belts, batons, gloves, and other insignia
of office selected by the Board of Police.
D.
Each member of the police force, when on duty, shall
wear the shield on the outside of the outermost garment over the left
breast, so that the entire surface of the shield may be easily and
distinctly seen. It will be deemed a neglect of duty on the part of
any officer carelessly to lose his shield or other insignia of office,
or, having lost the same, to fail to report the fact as soon as practicable
thereafter to the Chief or officer in charge of the police station.
E.
All members of the Patrol Division when on duty, attending
court, or representing the Police Department at any function or meeting
shall appear in the uniform of the day unless excused by the Chief
of Police or his/her designee. Officers not required to wear a uniform
during their normal assignments are to be dressed appropriately. Appearances
before the Public Safety Committee require all officers to appear
in the uniform of the day.
[Amended 12-28-1999 by Ord. No. 99-25R]
F.
Each police officer shall wear a service stripe on
the left sleeve of long-sleeve uniform garments. Each stripe shall
denote five completed years of service with the Police Department.
Stripes shall be gold in color. Veterans of the United States Armed
Services will be recognized by wearing a similar stripe, red in color,
worn closest to the cuff of the garment.
[Amended 12-28-1999 by Ord. No. 99-25R]
[Amended 12-28-1999 by Ord. No. 99-25R]
Property coming into possession of the Police
Department which is found, stolen or recovered or alleged or supposed
to have been stolen or embezzled, or any species of property whatever
found in the possession of persons arrested, shall be delivered forthwith
to the officer in charge of police headquarters. He/she shall keep
a record thereof with the facts in the case. Property shall be returned
to the owner as soon as possible according to law. Property not returned
to the owner and not retained as evidence of a crime, where the owner
is unidentifiable, must be retained for a minimum of six months. Civilians
finding property which is not claimed by the owner may claim the property
after the six-month-period. All property not disposed of by the courts
or returned to the owner shall be sold by the Borough at public auction
at the expiration of six months.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
Punctual attendance, promptness, obedience to orders,
and conformity to the provisions of this chapter and to the rules
and regulations of the Police Department shall be rigidly enforced.
B.
Every member of the police force must be quiet, civil,
and orderly; in the performance of his/her duty he/she must maintain
decorum and attention, command of temper, patience, and discretion.
He/she must at all times refrain from harsh, violent, coarse, profane,
or insolent language. When required, he/she shall act with firmness
and sufficient energy to perform his/her duty. Members must be civil
and respectful to each other on all occasions.
C.
No member of the police force shall, while on duty
or in uniform, consume any intoxicating liquor or illegal drugs. Officers
on duty shall only enter establishments where intoxicating drinks
are available in the performance on their duties. However, officers
are permitted to take a meal break in an establishment where intoxicating
liquors are available, provided they do so in that portion of the
establishment set aside for dining.[1]
[1]
Editor's Note: Former § 25-21, Partisan
activities restricted, and former § 25-22, Union affiliations
prohibited, which previously followed this section, were repealed
12-28-1999 by Ord. No. 99-25R.
A.
No member of the police force shall communicate to
any person any information which may enable a person to escape from
arrest or punishment or which may enable him to dispose of or secrete
any goods or valuable things stolen or embezzled.
B.
No member shall communicate, except to such persons
as directed by his/her superior in office, any information respecting
orders which he/she may have received or any regulations that may
be made for the government of the Department.
[Amended 12-28-1999 by Ord. No. 99-25R]
C.
No member of the Police Department shall disclose
any information from records available accept as permitted by law
for legitimate law enforcement purposes.
[Added 12-28-1999 by Ord. No. 99-25R]
[Amended 12-28-1999 by Ord. No. 99-25R]
No person shall be permitted to remain in police
headquarters without permission from the officer in charge, other
than members of the Department and persons on business relating to
the Department.
Any member of the police force who shall willfully
maltreat or use unnecessary violence toward a prisoner or citizen
shall, upon complaint and establishment of the charge by competent
testimony, following departmental trial, be dismissed from the police
force.
[Amended 12-28-1999 by Ord. No. 99-25R]
When a crime has been committed and the Chief
of Police has cause to suspect that negligence is attributable to
the policeman on whose assignment of duty the crime has been committed,
the policeman shall be required to show, by his/her own affidavit
or by testimony of other persons, that he/she was strictly attending
to his/her duties in accordance with the rules and regulations. Upon
failure to make such showing, he/she will be subject to suspension
or dismissal in the discretion of the Council.
[Amended 12-28-1999 by Ord. No. 99-25R]
Any member of the Police Department shall be
subject to reprimand, suspension, deduction of pay, or dismissal,
according to the nature and aggravation of the offense, for any of
the following causes:
No member of the force shall withdraw or resign
while charges are pending against him, except by permission of the
Council.
[Added 4-8-2008 by Ord. No. 08-03R]
A.
Police dispatchers shall be utilized at the direction of the Chief
of Police to monitor and handle calls into the Police Department,
to handle inquiries made by the public at the front desk of the Police
Department, and to assist police officers in processing persons arrested
when requested.
B.
Police dispatchers shall receive training in order to perform the duties set forth in Subsection A above to the extent determined by the Chief of Police.
C.
Police dispatchers shall not constitute police officers or patrol
officers.
D.
Police dispatchers generally shall take direction from the shift
supervisor.
[Adopted 12-15-1971 by Ord. No. 631R as
Ch. 25, Art. II, of the 1971 Code; amended in its entirety 12-28-1999 by Ord. No.
99-25R]
[Amended 7-9-2002 by Ord. No. 02-17R; 12-14-2010 by Ord. No.
10-21R]
The following fees are established for services extended and materials distributed by the Police Department. If not otherwise set forth, the fees established by § 1-9 shall apply.
B.
Photographs, each: $10.
C.
Fingerprinting:
[Amended 5-15-2023 by Ord. No. 23-04-R]
(1)
Applicants for private employment, local or state licenses, immigration,
documents, taxi driver's license shall be $25 per set for Fanwood
residents, $50 per set for nonresidents of the Borough.
(2)
Fingerprinting sets for Borough employees, volunteers, and agents
for Borough related purposes shall be done at no cost.
(3)
All other requests not specifically enumerated shall be $50.
D.
Permit to purchase firearm: $2.
E.
Firearms identification card: $5.
G.
Search fees:
(1)
In-person review of a report/record: $3.
(2)
A search for archived records or reports taken more
than five years prior to the request will be calculated on an hourly
basis with a one-hour minimum and figured to the nearest half hour.
The hourly rate will be that of a Class A patrol officer on the date
of the request.
H.
Upon written application by an indigent person represented
by assigned counsel or public defender, the fees or part of fees in
this chapter may be waived as may be determined by the Chief of Police
or his/her designee, in accordance with New Jersey law.[1]
I.
No search fee shall be charged in the event that a
report or photograph is not on file with the Police Department, nor
shall any search fee be charged for any report for which a formal
request is made by any local, county, state or federal law enforcement
agency or by the federal postal authorities.
The viewing or reviewing of reports or photographs
that are a matter of public record may take place at the Police Department
during regular business hours. Those reports or photographs stored
under special conditions may be viewed by making an appointment with
the officer responsible for their storage.
The Police Department shall issue a receipt
for all fees and moneys received for the services extended or materials
furnished as hereinabove provided. All moneys received shall be turned
over to the Chief Financial Officer within 48 hours of receipt of
such moneys.
The Police Department is authorized to provide
escort protection service to any individual, partnership, association,
corporation, or governmental agency requesting same, when such request
has been approved by the Chief of Police or his/her designee. Such
escort protection service shall be for the purpose of providing special
police protection for the transporting of money or other things of
value. The service shall be from a single place in the Borough to
a single destination in the Borough and return, if required. Provision
of any such service shall be recorded by the desk officer at the time
service is provided.
A fee of $50 is established for each such special
escort protection service. The Chief of Police shall cause a monthly
record, detailing the date and destination of each such escort, to
be forwarded to the Borough Treasurer, who shall forthwith transmit
statements to the requesting party. All such statements shall be payable
within 10 days, and failure to make timely payment shall be cause
for the Chief of Police to deny subsequent requests. All payments
shall be duly recorded by the Borough Treasurer.
No fee shall be charged when the escort service
is requested by and for an official or agency of a local, county,
state or federal government or the federal postal service, or a religious
or charitable organization when in the furtherance of its religious
or charitable purposes.
[Added 12-13-2005 by Ord. No. 05-23R]
A.
Purpose. The Borough wishes to assist persons and
entities by, under certain circumstances, allowing them to utilize
the services of off-duty Borough police officers; authorizing outside
employment of off-duty Borough police officers within Union County;
and complying with various New Jersey Attorney General Opinions, including
but not limited to Formal Opinion No. 23 and Formal Opinion No. 11,
recommendations of the New Jersey Department of the Treasury, Division
of Pensions, including but not limited to the Notices of August 1989
and February 1990, and the New Jersey Department of Community Affairs,
Division of Local Government Services, including but not limited to
Local Finance Notice CFO 2000-14. The Borough seeks to accomplish
these purposes by establishing policies and procedures regarding the
use of and compensation for said off-duty Borough police officers.
B.
Approval of employment.
(1)
Off-duty Borough police officers shall be permitted
to perform on behalf of private employers, nonprofit entities, and/or
Borough-related groups, police-related activities which are not prohibited
by state law and/or regulation and/or Borough law ("police-related
activities") only during each respective Borough police officer's
off-duty hours and at such times as will not interfere with the efficient
performance of regularly scheduled or emergency duty for the Borough
as determined by the Chief of Police.
(2)
An off-duty Borough police officer performing police-related
activities shall be providing such services as if they were performing
such police-related activities for the Borough and shall be subject
to Police Department discipline and control in connection with their
actions and/or inactions concerning the police-related activities.
(3)
Any private person or entity, including any other
municipality or governmental entity other than the Borough or its
agencies, boards, etc. ("person"), wishing to have off-duty Borough
police officers perform police-related activities shall first obtain
approval of the Chief of Police, which approval shall be granted if
in the Chief's opinion such police-related activities are not inconsistent
with the Police Department's efficient functioning and good reputation,
and would not unreasonably endanger or threaten the police officers
performing such police-related activities.
(4)
In the event that the Chief of Police approves a particular
Police-related activity, the Chief or the Chief's designee shall post
within the Police Department notice of the availability of such police-related
activities.
(5)
The Chief of Police shall also post a list of those
activities which the Chief has determined shall not be considered
police-related activities. The Chief of Police shall make all determinations
regarding the method of designation of the off-duty officers, the
number of continuous hours by which such off-duty officers are permitted
to work in conjunction with their regular police duties, the impact
that sickness of a police officer may have on selection of an off-duty
police officer, and all related issues.
(6)
Procedures set forth in this section shall apply even
if the third party making the request is another municipality when
making such a request on behalf of private person or entity.
C.
Requests for services.
(1)
All requests to the Borough for off-duty Borough police
officers to perform police-related activities shall be submitted to
the Chief in writing, on a form provided by the Borough and setting
forth the following information:
(a)
Name, address, telephone number and fax number
of the person or entity requesting that the police perform the police-related
activity.
(b)
The date, time, and place that the police-related
activity is to take place.
(c)
The number of Borough police officers requested.
(d)
The number of estimated hours for each Borough
police officer requested (minimum of four hours).
(e)
A description of the police-related activity.
(f)
Whether a patrol car of the Borough is requested,
with a patrol car being mandated for all traffic-related services,
provided that such patrol car is available as determined by the Chief
of Police or his designee.
[Amended 2-14-2006 by Ord. No. 06-02R]
(g)
An acknowledgement by the person requesting
the police-related activity that:
[1]
The person is solely responsible for payment
of the police-related activity requested and all applicable administrative
fees.
[2]
The person shall pay any and all legal fees,
costs, and expenses, including but not limited to experts, court reporting
services, etc., as well as costs of suit, incurred by the Borough
in connection with any claim, suit and/or dispute arising out of the
police-related activity, any suit for collection of any fees related
to this section, and any suit to enforce the terms of this section.
[3]
The person shall pay the Borough a late payment
for each day that any balance on the payment is late, beginning on
the 13th day after the police-related activity has been completed.
The late payment fee shall be at the rate of 18% per annum or $25
per day, whichever is greater.
[4]
This section of the Borough Code has been read
and the person agrees to its conditions and will comply with its provisions.
[5]
The person shall indemnify, defend and hold
harmless the Borough and its agents, officials and employees including
but not limited to the off-duty Borough police officers performing
the police-related activities and their superior Borough police officers
(the "indemnified parties") against all claims, demands, actions,
suits, causes of action, damages, liabilities, judgments, losses of
any kind whatsoever, costs and expenses including, but not limited
to, reasonable court costs and counsel fees occurring as a result
of the employment of off-duty Borough police officers and regardless
of whether the loss was due, in whole or in part, to the conduct of
the off duty Borough police officer.
(2)
The person shall carry comprehensive general liability
and workers' compensation insurance. At the time the police-related
activity is requested, the person requesting such activity shall attach
to its written request a copy of its certificates of insurance for
comprehensive general liability insurance and workers' compensation
insurance, as well as evidencing that the Borough is a named additional
insured on the comprehensive general liability insurance policy. The
coverage limits for comprehensive general liability shall be no less
than $1,000,000 per occurrence.
(3)
At the time that the request is made, the person shall
pay the Borough for the off-duty Borough police officer's services
at the rate of one and a half times a class A Patrolman's salary consistent
with the most current contact for a minimum of eight hours ("hourly
compensation"); except in the case of a person that is a nonprofit
corporation or nonprofit association the minimum shall be two hours,
or in the case of an event sponsored by the Borough at the hourly
compensation rate of $35 per hour for a minimum of two hours, and
if the person is not a nonprofit corporation or association or the
Borough and can reasonably demonstrate to the Chief of Police that
the maximum time required is four hours or less, the minimum shall
be four hours. In the event that the person cancels the requested
police-related activity prior to one-hour before the activity is to
be performed, the Borough shall return the payment already made by
the person to the Borough for the police-related activity less an
additional $20 cancellation fee. If the person requesting the services
cancels the request less than one-hour prior to the service, then
the person shall pay a cancellation fee equal to four hours, or two
hours in the case of a nonprofit corporation, at the hourly rate described
above. No cancellation fee shall be paid if the event is sponsored
by the Borough. In the event that the amount of time required for
the police-related activity is known at the time that the police-related
activity is requested to exceed eight hours generally, four hours
if the person has so demonstrated, or two hours in the case of a nonprofit
corporation or association, the person shall pay the Borough for such
additional time and for any differential based upon the salaries of
the off-duty police officers performing the police-related activity
when the police-related activity is requested. In the event that the
amount of time exceeds the amount for which payment was received at
the time the police-related activity was requested, payment of the
balance shall be made as set forth below.
D.
Rates of compensation; administrative fees; payment
for services.
(1)
The hourly compensation is the rate that any off-duty police officer shall be paid for performing police-related activities. The person shall pay the Borough at the time the request is submitted pursuant to Subsection C(3) above.
(2)
A nonrefundable administrative fee of $20 per off-duty Borough police officer per day is established to cover the Borough's costs, overhead, benefits for off-duty officers and out-of-pocket expenses and shall be paid by the person at the same time as all other payments are required to be made, i.e., when the request for the activity is made. If the event is cancelled, the administrative fee shall not be refunded and the person also shall be responsible for the cancellation fee referenced in Subsection C(3) above.
(3)
If a patrol car is requested by the person in connection with a police-related
activity because the request for police-related activities involves
traffic services, or the person requesting the off-duty Borough police
officer to perform the police-related activity requests the services
of a patrol car and the Chief of Police or the Chief's designee determine
in his/her sole discretion that a patrol car is necessary due to the
nature of the police-related activity, a flat administrative fee per
patrol car for each eight-hour period shall be charged as follows:
$150 per eight-hour time block or any part thereof.
[Amended 4-20-2015 by Ord. No. 15-06R]
(4)
All administrative fees, cancellation fees, and late
fees paid by the person shall belong to the Borough.
(5)
Immediately upon completion of the police-related
activity and at the site, the off-duty Borough police officer shall
issue an invoice, on a form to be approved by the Chief of Police
and the Borough Chief Financial Officer. In the event that the police-related
activity extends beyond 30 days, the off-duty Borough police officer
shall issue an interim invoice on the approved form on the 30th day.
The form shall provide for the number of hours that the police-related
activity was performed, the number of officers utilized as part of
the police-related activity, the hourly rate charged for each such
officer, the total fee for the police-related activities, the fee
for the use of any patrol cars and all applicable administrative fees,
less any payments previously made in accordance with this section.
The person shall acknowledge receipt of the invoice, receipt of the
services and the number of hours by signing a copy of the invoice
and date when the acknowledgment was made. Any balance owed by the
person to the Borough is due within 12 days of completion of the police-related
activity but in no event later than 30 days from the date that the
police-related activity commenced. The off-duty Borough police officer
who transmits the invoice to the person shall transmit the original,
signed invoice to the Borough's Chief Financial Officer within 48
hours of its execution by the person.
(6)
The Borough shall pay the off-duty Borough police officer in the manner provided by the Borough's current salary ordinance. The off-duty Borough police officer shall be compensated at the hourly compensation for the time that the police officer actually performs the police-related activity but in no event less than four hours. The off-duty Borough police officer shall not be paid if the police-related activity is canceled by the person more than one-hour before the police-related activity is scheduled to commence. If the person requesting the police-related activity cancels the request less than one-hour prior to the service, the off-duty Borough police officer shall be paid for four hours at the hourly rate described above, except in the case of a nonprofit corporation, the off-duty police officer shall only be paid for two hours and, in the event that the police-related activity is sponsored by the Borough, the off-duty Borough police officer shall not be paid. The off-duty Borough police officer shall receive his/her pay for the police-related activity on the next regularly scheduled payday after the police-related activity has been performed so long as the police-related activity was completed or has been proceeding for 30 days as set forth in Subsection D(5) above, and a copy of the invoice is received by the Borough's Chief Financial Officer at least 10 business days before the next regularly scheduled payday.
(7)
In the event that a person requires the services of
off-duty Borough police officer(s) on a regular and/or continuous
basis, such person shall be required to maintain a minimum balance
in an escrow fund with the Borough equal to the average amount paid
for such off-duty Borough police officers based upon the average of
the highest two consecutive months during the prior calendar year.
The Borough will review such balance on a quarterly basis to determine
whether the minimum balance should be adjusted or remain the same.
In the event the balance is determined to be too high, the Borough
shall return any excess to the person on a quarterly basis. Such person
would not be entitled to any interest on such funds. In the event
that the person's escrow fund is reduced to less than one month's
estimated cost, such person shall be required to replenish the fund
within 10 days of notification by the Borough.
(8)
The Borough shall, if required by law and at the Chief
Financial Officer's determination, establish a dedicated fund for
receipt of fees paid by persons and for payment of wages to off-duty
Borough police officers for the police-related activities and payment
to the Borough of all benefits described above, as well as all administrative
fees.
(9)
No off-duty Borough police officer shall be assigned
to perform and/or be allowed to perform any police-related activity
under this section unless and until the Borough police officer acknowledges
that the officer is performing the police-related activity in accordance
with this section and consents to be so governed.
(10)
Notwithstanding anything contained in § 67-31C(3) and/or § 67-31D to the contrary, no utility subject to the jurisdiction of the New Jersey Board of Public Utilities, which utilizes off-duty police officers for traffic control pursuant to the Borough Code, shall make payments to the Borough at the times provided herein or be obligated to maintain a balance in an escrow account; provided that the utility pays all required fees and compensation under this section within 14 days of receipt of an invoice from the Borough reflecting such services. In the event any utility fails to make such payment two or more times in the same calendar year, this subsection shall no longer apply to that utility.
