[Adopted 5-26-1975 as Sec. 2-10
of the 1975 Code, as amended through Ord. No. 575-96]
[Amended 3-18-2002 by Ord. No. 781-02; 7-18-2005 by Ord. No.
885-05]
In accordance with N.J.S.A. 40A:14-118, there
is hereby established in the Borough a Police Department, which shall
be known as the "Police Department of the Borough of Old Tappan."
[Amended 7-18-2005 by Ord. No. 885-05]
A.
Appointment. The Mayor shall, at the first regular
meeting of the Borough Council in January in each year, appoint from
among the members of the Borough Council a Police Committee and a
Police Commissioner, the latter of whom shall serve as Chairman of
the Committee and who shall serve in such capacity without compensation.
B.
Appropriate authority. In accordance with N.J.S.A.
40A:14-118, the Mayor and Council is hereby designated as the “appropriate
authority.” The appropriate authority shall have general supervisory
authority over the Police Department to ensure the efficient and effective
operation thereof.
[Amended 7-18-2005 by Ord. No. 885-05; 9-7-2021 by Ord. No. 1191-21]
[Amended 5-19-2003 by Ord. No. 822-03]
[Amended 11-13-2000 by Ord. No. 734-00]
A.
Persons appointed to the Police Department shall serve
a probationary period or term not less than six months nor more than
two years and until such time as the Borough Council resolves that
the appointment is permanent, at which effective date, and not prior
thereto, the appointee shall become a regular member of the Police
Department. The Police Commissioner and the Police Committee shall
be responsible for observing and reporting the progress and qualifications
of any probationary appointee, and the Borough Council shall consider
the recommendations of the Commissioner and Committee in determining
whether or not to resolve that any appointment be made permanent.
The Borough Council shall have the right to terminate the services
of any probationary appointee without conducting a hearing thereon
and may do so by majority vote solely within its judgment and discretion
in the best interests of the Borough.
B.
Promotion, other than the Chief of Police, shall be
made by a majority vote of the Borough Council, upon recommendation
of the Police Committee after consultation with the Chief of Police,
with due regard to seniority, experience, evaluations, merit and other
qualifications. No member of the Police Department shall be promoted
to or hold any superior rank until he has served at least three years
in the Police Department, exclusive of probationary time. However,
whenever the Borough Council shall, by a majority vote, determine
that the interests of the Borough security require a waiver of the
three-year period, the same may be waived by resolution. Examinations
may be conducted to assist in determining the qualifications for such
promotion. Such examination shall be selected by the Police Committee.
[Amended 7-18-2005 by Ord. No. 885-05]
No person shall be appointed as a member of
the Police Department unless he submits satisfactory evidence to the
appointing authority that he is:
A.
A citizen of the United States and, at the time of
application, possesses:
[Amended 11-13-2000 by Ord. No. 734-00; 8-21-2006 by Ord. No. 917-06]
B.
Of good mental and bodily health sufficient to satisfy
the Board of Trustees of the Police and Firemens' Retirement System
of New Jersey, and that he is eligible 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 free from conviction of
any crime constituting an indictable offense, or any crime or offense
involving moral turpitude.
E.
Not less than 18 years of age, nor more than 35 years
of age, or that he falls within the provisions of N.J.S.A. 38:23A-2,
pertaining to persons having served in the Armed Forces of the United
States.
F.
Able to pass the written, oral and physical examination
selected by the Police Committee and as shall be approved by a majority
vote of the Borough Council. Such examination shall be conducted by
professional police officers or persons not in the employ of the Borough
of Old Tappan.
G.
Willing to take an oath or affirmation before entering
upon the duties of his office and within ten days after his appointment
to support the Constitution of the United States, the Constitution
of the State of New Jersey, and faithfully, impartially, and justly
to perform all the duties of a member of the Police Department of
the Borough according to the best of his ability and understanding.
H.
Willing to serve a probationary period of not less
than six months nor more than two years, during which time he shall
be required to attend an accredited school as recommended by the Borough
Council.
[Amended 11-13-2000 by Ord. No. 734-00]
A.
The Chief of Police shall be the head of the Police
Department, and the Chief shall be directly responsible to the Mayor
and Council for the efficiency and routine day-to-day operations thereof,
and the Chief shall, pursuant to policies established by the Mayor
and Council:
(1)
Administer and enforce rules and regulations and specific
emergency directives for the disposition and discipline of the Police
Department and its officers and personnel;
(2)
Have, exercise, and discharge the functions, powers
and duties of the Police Department;
(3)
Prescribe the duties and assignments of all subordinates
and other personnel;
(4)
Delegate such of the Chief's authority as the Chief
may deem necessary for the efficient operation of the Police Department
to be exercised under the Chief's direction and supervision; and
(5)
Report at least monthly to the Police Commissioner
in such form as shall be prescribed by the Police Commissioner on
the operation of the Police Department during the preceding month,
and make such other reports as may be requested by the police commissioner.
B.
Appointment shall be made by a majority vote of the
Borough Council, upon recommendation of the Police Committee after
consultation with those deemed by the Committee to have relevant knowledge,
with due regard to seniority, experience, merit and other qualifications.
No member of the Police Department shall be appointed to or hold the
position of Chief of Police unless he/she holds the rank of Sergeant
or higher. The procedure to be followed for appointing the Chief of
Police shall be established by the Police Committee.
The Chief of Police or, in the Chief's absence,
the ranking officer on duty, is authorized to place emergency traffic
control devices at intersections governed or controlled by traffic
lights, traffic signals or other traffic control devices whenever
such lights, signals or devices are rendered impaired or inoperable.
Included among such emergency traffic control devices, by way of illustration
but not limitation, are road flares, portable signs, barricades and
emergency generators. The authority to place emergency traffic control
devices conferred by this subsection is intended to supplement and
not to limit such emergency powers as are conferred upon the Police
Department by law.
A.
The rights, privileges, powers and duties of members
of the Police Department and special officers shall be those prescribed
by the laws of the State of New Jersey and the ordinances and resolutions
of the Borough.
B.
Rules and regulations consistent with applicable law and this Article I shall from time to time be adopted by resolution of the Mayor and Council to describe:
(1)
Duties of the Police Department;
(2)
General rules of the Police Department;
(3)
Rules of discipline;
(5)
Duties of a Captain, Lieutenant, Sergeant and patrolman;
(6)
Procedure of arrests;
(7)
Uniform and equipment;
(8)
Leave of absence;
(9)
Sickness or sick leave;
(10)
Vacations;
(11)
Special duties; and
(12)
Procedure for the proper enforcement of this article.
A.
No person, except during probationary membership or
status, shall be removed from office or employment in any Police Department
for political reasons, or for any other cause than incapacity, misconduct,
or disobedience of rules and regulations established for the government
of the police force and department in the Borough.
B.
Except as otherwise provided by law, no permanent
member or officer shall be suspended, removed, fined or reduced in
rank from or in office, employment or position therein, except for
just cause as hereinbefore provided and then only upon a written complaint
setting forth the charge or charges against such member or officer.
The complaint shall be filed in the office of the body, officer or
officers having charge of the department or force wherein the complaint
is made and a copy shall be served upon the member or officer so charged,
with notice of a designated hearing thereon by the proper authorities,
which shall not be less than 15 nor more than 30 days from date of
service of the complaint. A failure to comply with these provisions
as to the service of the complaint shall require a dismissal of the
complaint.
C.
It is the intent of this section to give every person
against whom charges for any cause may be preferred under this section
a fair trial upon the charges and every reasonable opportunity to
make his defense if he has or chooses to make any and that in the
event of failure of compliance with any provision of this section,
such charges shall be dismissed.
D.
The Council shall have the power of subpoena under
the Seal of the Borough and attested by the Borough Clerk to compel
the attendance of witnesses and give testimony or produce evidence,
and every person who neglects to obey such subpoena or to give testimony
or to answer questions as required shall be subject to the penalties
provided by law.
E.
Notwithstanding any other law to the contrary, whenever
any police officer is charged under the law of this state, another
state, or the United States, with an offense, said police officer
may be suspended from performing his duties, with pay, until the case
against him is disposed of at trial, until the complaint is dismissed,
or until the prosecution is terminated, provided that if a grand jury
returns an indictment against the officer, or the officer is charged
with an offense which is a high misdemeanor or which involves moral
turpitude or dishonesty, he may be suspended from his duties, without
pay, until the case against him is disposed of at trial, until the
complaint is dismissed or until the prosecution is terminated.
F.
If a suspended police officer is found not guilty
at trial, the charges are dismissed or the prosecution is terminated,
the officer shall be reinstated to his position and shall be entitled
to recover all pay withheld during the period of suspension subject
to any disciplinary proceedings or administrative action.
G.
If any municipal police officer is suspended with
pay and is found guilty of the charges brought against him, he shall
reimburse the municipality for all pay received by him during the
period of his suspension.
H.
Any person desiring to make a complaint against any
member or members of the Police Department shall make the complaint
in writing to the Chief of Police. It shall be the duty of the Chief
of Police forthwith to deliver the original charges to the Police
Commissioner who is in turn to refer to the Mayor and Council for
its attention. Upon receipt of any charges against the member of the
Department from the Mayor, the Mayor and Council shall take whatever
action is deemed necessary.
I.
In the event a person wishes to make a charge against
the Chief of Police, the charges shall be filed with the Police Commissioner
who shall in turn transmit same forthwith to the Mayor and Council
for its attention in accordance with the provisions of this section.
J.
Members of the Department serving in a probationary
status may be removed from office or membership without charges or
hearing and solely within the judgment and discretion of the Mayor
and Council.
K.
When the Borough Council shall, for reasons of economy,
decrease the number of regularly appointed members or policemen in
the Borough, any policeman so removed shall be carried on a special
list and if any new appointments are made to the Department, the policeman
so removed shall be appointed thereto before any other person, as
required by N.J.S.A. 40:47-11.[1]
[1]
Editor's Note: Repealed by L. 1971, c. 197.
A.
Salaries. All members of the Police Department and
employees shall receive such compensation as shall be set forth in
the Annual Salary Ordinance of the Borough.
[Amended 2-28-2000 by Ord. No. 705-00]
B.
Retirement benefit for Chief of Police. The Borough
shall provide the Chief of Police with a lump-sum payment upon the
retirement of the Chief of Police, provided that the Chief of Police
has served at least 25 years with the Borough and at least 15 years
as Chief of Police of the Borough. The lump-sum payment shall equal
50% of the base annual salary of the Chief of Police for the calendar
year next preceding the date of retirement of the Chief of Police
except that, if the Chief of Police retires at the end of a calendar
year, the payment shall equal 50% of the base annual salary of the
Chief of Police at the time of retirement.
[Added 7-16-2001 by Ord. No. 746-01; amended 2-19-2002 by Ord. No. 774-02; 4-21-2008 by Ord. No.
965-08]
A.
Purpose. For the convenience of those persons and
entities which utilize the services of off-duty law enforcement officers
of the Old Tappan Police Department and to authorize the outside employment
of Borough police while off duty, the Borough hereby establishes a
policy regarding the use of said officers and police vehicles.
(1)
Members of the Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours and at such time as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Borough.
(2)
Any person or entity wishing to employ off-duty
police shall first obtain the approval of the Chief of Police, which
approval shall be granted if, in the opinion of the Chief, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Police Department and would not unreasonably endanger
or threaten the safety of the officer or officers who are to perform
the work.
(3)
In the event that the off-duty employment requires
usage of a police vehicle, the officer shall obtain the written consent
of the Chief of Police, which approval shall be granted if the nature
of the work requires the use of a vehicle, said vehicle is not needed
for performance of regular police functions during that period of
time and the flat usage fee called for herein is agreed to in writing
by the private employer or school district.
B.
Escrow accounts.
(1)
Except as provided hereinbelow, any person or
entity requesting the services of an off-duty law enforcement officer
in the Old Tappan Police Department shall estimate the number of hours
such law enforcement services are required, which estimate shall be
approved in writing by the Chief of Police, and shall establish an
escrow account with the Borough Treasurer of the Borough by depositing
an amount sufficient to cover the rates of compensation and administrative
fees set forth hereinbelow for the total estimated hours of service.
(2)
If the amount required to be deposited with the Borough pursuant to Subsection B(1) hereinabove exceeds $20,000, an escrow deposit of $20,000 shall be required. Said $20,000 shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $20,000, and then such lesser amount shall be required to be maintained.
(3)
Prior to posting any request for services of
off-duty law enforcement officers, the Chief of Police or his designee
shall verify that the balance in the escrow account of the person
or entity requesting services is sufficient to cover the compensation
and fees for the number of hours specified in the request for services.
The Chief of Police shall not post a request for services from any
person or entity unless all fees and compensation required in the
manner described above have been deposited with the Borough Treasurer.
No officer shall provide any such services for more hours than are
specified in the request for services.
(4)
In the event the funds in such an escrow account
should become depleted, services of off-duty law enforcement officers
shall cease and requests for further or future services shall not
be performed or posted until additional funds have been deposited
in the escrow account in the manner prescribed above.
(5)
The person or entity requesting such services
shall be responsible for ensuring that sufficient funds remain in
the escrow account in order to avoid any interruption of services.
(6)
Houses of worship and local public schools shall
be exempt from the requirements for the posting of an escrow deposit.
C.
Requests for services. All requests to the Borough
for the services of off-duty law enforcement officers in the Old Tappan
Police Department for a period of one week or longer shall be forwarded
to the Chief of Police for posting at least 10 days before such services
are required. Any law enforcement officers, when so employed by the
Borough, shall be treated as employees of the Borough; provided, however,
that wages earned for outside employment shall not be applied toward
the pension benefits of law enforcement officers so employed.
D.
Rates of compensation; administrative fee; payment
for services. Rates of compensation for contracting the services of
off-duty law enforcement officers shall be based on a rate equal to
that of time and one-half of the contractual hourly rate for the individual
officer being compensated. An additional fee of 15% of the rate as
calculated above is hereby established to cover administrative costs,
overhead, and out-of-pocket expenses of the Borough, plus a flat rate
of $200 per vehicle used at each site per day.
