[Adopted 3-17-1992 by Ord. No. 92-593 (Secs. 2.20.010 to 2.20.100, 2.20.120, and 2.20.130 of the 1992 Code)]
The Police Department is established in and for the Borough under the name of "Police Department of the Borough of Essex Fells."
[Amended 4-16-2019 by Ord. No. 2019-1020; 9-19-2023 by Ord. No. 2023-1084]
The Police Department of the Borough shall consist of a Chief of Police, a Captain, three Sergeants, eight patrolman, a special law enforcement officer (SLEO III), and such other employees as from time to time shall be deemed necessary by the Borough Council to properly preserve peace and good order within the Borough.
The Police Department shall:
A. 
Preserve the public peace, prevent crimes, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblies and preserve order at all elections and public meetings and assemblages.
B. 
Administer and enforce laws and ordinances to regulate, direct, control, and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and to make rules and regulations not inconsistent with the charter, ordinance, and general law for such purpose.
C. 
Remove all nuisances in the public streets, parks, and other public places, inspect and observe all places of assemblage and all places of business requiring state or municipal licenses or permits.
D. 
Provide proper police attendance and protection at fires.
E. 
Enforce the laws and ordinances in effect within the Borough and prevent the violation of them by any person; apprehend and arrest all persons legally charged with violations of any law or ordinance.
F. 
Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of persons charged with crimes and other violations of the law, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
G. 
Operate a training program using in-house sessions and/or outside experts and facilities to maintain and improve the police efficiency of the members of the Department.
H. 
Carry out other related functions, duties and responsibilities which may arise and are appropriate.
I. 
The Chief of Police and officers and employees of the Department shall exercise the powers and perform and discharge the duties and responsibilities pertaining to their respective offices and positions as shall be prescribed by the statutes of this state, the ordinances of this Borough and the rules and regulations adopted by the appropriate authority.
A. 
The Chief of Police shall be the head of the police force, and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and he shall, pursuant to policies established by the appropriate authority:
(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;
(3) 
Prescribe the duties and assignments of all subordinates and other personnel;
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; 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.
B. 
The Chief of Police shall have the power to promulgate orders to the Department not inconsistent with the rules and regulations adopted by the appropriate authority.
In the absence or the disability of the Chief of Police, his duties shall be performed by the next officer in order of rank and/or seniority.
The appropriate authority named in N.J.S.A. 40A:14-118 shall be the Borough Administrator. Upon consultation with and input from the Chief of Police and the Chairman of the Police Committee, the Borough Administrator shall establish and may from time to time amend and repeal such rules and regulations as the Administrator may deem necessary for the government and efficient working of the Department. All members of the Department shall comply with such rules and regulations. All such rules and regulations shall be at all times available in the headquarters of the Department, and copies thereof shall be delivered to each member of the Department.
The Borough Administrator shall act as Hearing Officer to hear any disciplinary action brought by the Chief of Police or authorized designee against any police officer for violation of the rules and regulations so established or for other misconduct.
Three members of the Borough Council appointed by the Mayor shall constitute the Police Committee (hereinafter called "the Committee"). The first member named by the Mayor shall be the Chairman.
All members of the present Police Department of the Borough, as constituted on the effective date of the ordinance codified in this chapter, shall be members of the Department with the same rank and seniority and other privileges and rights as they may have on the effective date.
All new members hereafter appointed to the Department shall be appointed by the Borough Council upon recommendation of the Chief of Police, the Borough Administrator and the Committee and shall meet such minimum requirements for members of a Police Department as may be specified from time to time by the statutes of the state, and shall also comply with such other requirements as may be provided by the rules and regulations of the Department. Any person hereafter appointed to the Department shall be first appointed as probationary patrolman to serve for a minimum probationary period of one year commencing at the completion of academy training. Probationary patrolmen shall not be entitled to enjoy the benefits of N.J.S.A. 40A:14-128 or any other Tenure of Office Act. The appointment of any such probationary patrolman as a patrolman shall become final upon recommendation of the Committee, the Borough Administrator and the Chief of Police with the approval of the Borough Council.
The compensation of the members and employees of the Department shall be fixed annually by salary ordinance.
The Borough Council, at the request of the Committee, the Borough Administrator and the Chief of Police, may employ persons to work under the direction of the Department to perform such duties as the Borough Council may determine, their compensation to be paid by the Borough in accordance with the salary ordinance. Such persons shall not be entitled to participate in the police and firemen's retirement system or to the benefits of N.J.S.A. 40A:14-128 or any other Tenure of Office Act.