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.
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.