[Adopted 8-1-1977 by Ord. No. 698
(Ch. IIIA of the 1975 Code)]
A.
There is hereby established a Police Department in
the Borough, consisting of a Chief of Police and such other superior
officers, patrolmen and detectives and other employees as shall, from
time to time, be deemed necessary by the Mayor and Council to properly
preserve peace and good order.
B.
Table of Organization.
[Added 4-21-2008 by Ord. No. 1614; amended 9-19-2016 by Ord. No. 1872; 6-5-2017 by Ord. No. 17-16; 9-27-2021 by Ord. No. 21-23; 3-27-2023 by Ord. No. 23-6]
(1)
Table.
|
Rank/Position
|
Number
|
|---|---|
|
Police Chief
|
1
|
|
Police Captains
|
1
|
|
Police Lieutenants
|
2
|
|
Police Sergeants
|
5
|
|
Police Officers
|
17
|
|
Special Law Enforcement Officers Class I
|
No limitation
|
|
Special Law Enforcement Officers Class II
|
4
|
|
Special Law Enforcement Officers Class III
|
3
|
(2)
The establishment of this Table of Organization for
the River Edge Police Department does not require that all of these
positions be filled but that the number of police officers in the
various positions shall not exceed those set forth in this Table unless
the Table is amended by the Borough Council.
[Amended 10-3-1994 by Ord. No. 1112]
The Mayor shall be designated as the appropriate
authority as provided in the New Jersey Statutes. The appropriate
authority shall be responsible for the overall performance of the
Police Department. The appropriate authority shall adopt and promulgate
rules and regulations for the government of the Police Department
and for the discipline of its members.
[Added 10-3-1994 by Ord. No. 1112]
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the appropriate
authority for its efficiency and day-to-day operations. Pursuant to
policies established by the appropriate authority, the Chief of Police
shall:
A.
Administer and enforce the rules and regulations of
the Police Department and any special emergency directive for the
disposition and discipline of the Department and its members and officers.
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department.
C.
Prescribe the duties and assignments of all members
and officers.
D.
Delegate such authority as may be deemed necessary
for the efficient operation of the Police Department to be exercised
under the Chief's direction and control.
E.
Report at least monthly to the appropriate authority
in such form as shall be prescribed on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the appropriate authority.
A.
Appointment; salary. The members of the Police Department
shall be appointed and designated by the Mayor and Council and shall
receive such salaries as may be provided by the Borough Salary Ordinances.
B.
Qualifications. Each person appointed to the Police
Department shall be:
(1)
A citizen of the United States.
(2)
Sound in body and of good health sufficient to satisfy
the Board of Trustees of the Police Retirement System of New Jersey
that he is eligible to membership in the retirement system.
(3)
Able to read, write and speak the English language
well and intelligently.
(4)
Of good moral character and not have been convicted
of any criminal offense involving moral turpitude.
(6)
A resident of the State of New Jersey.
C.
Probationary patrolmen. Each applicant for membership
in the Police Department shall be employed for a period of at least
six months on a probationary, basis prior to permanent appointment
as a patrolman. Any probationary patrolman shall comply with state
laws and any and all rules and regulations as promulgated by the Mayor
and Council.
D.
Oath. Each person appointed to the Police Department,
in whatever capacity, prior to entering upon his duties, shall take
and subscribe to an oath or affirmation as may be required and prescribed
by the laws of the State of New Jersey.
E.
Prior military service. Any person who has been or
shall be appointed a member of the Police Department in the Borough
while serving in the military or naval service of the United States
in time of war, and who has been, or shall be, delayed in qualifying
and becoming a member of such Police Department as a result of such
service, and who has qualified and become a member of the Police Department
or who shall qualify and become a member of the Police Department
within six months after discharge or release from such service under
conditions other than dishonorable, shall be considered, for the purpose
of determining his years of service, rank and grade, increase in pay
or any other rights or benefits, as having qualified and become a
member of the Police Department as of the date of his appointment,
notwithstanding the requirements of any other law concerning the appointment
of members to the Police Department. However, prior military service
or naval service shall not be considered as time in service for purposes
of Police Department seniority in matters concerning prior work experience
and training.
F.
Membership continued. Members of the Police Department,
as presently constituted, are hereby continued in their respective
offices or position at the salaries established by the Salary Ordinance
now in effect. Nothing contained in this chapter shall be considered
as affecting the rank and tenure heretofore acquired by any member
of the existing Department.
A.
Appointment; term; authority. The Mayor and Council
may appoint special patrolmen for a term not exceeding one year and
revoke such appointment without cause or hearing. Such appointees
shall not be members of the police force, and their powers, rights
and duties shall immediately cease at the expiration of the term for
which they were appointed or upon revocation of their appointment,
pursuant to N.J.S.A. 40A:14-146.[1]
[1]
Editor's Note: N.J.S.A. 40A:14-146 was repealed
by P.L. 1985, c. 439. See now N.J.S.A. 40A:14-146.8 et seq.
B.
Qualifications.
(1)
No person shall be appointed as a special policeman
unless he is a citizen of the United States, is a resident of the
Borough, able to read, write and speak the English language well and
intelligently, is sound in body and of good health, is of good moral
character and has not been convicted of any criminal offense involving
moral turpitude.
(2)
Before any such appointment is made, the Chief of
Police shall ascertain whether the applicant for the appointment is
eligible and qualified, as provided herein, and a report thereon shall
be made to the Mayor and Council.
(3)
Every such special policeman shall have his fingerprints
taken and they shall be filed with the Division of State Police and
the Federal Bureau of Investigation.
C.
Duties and responsibilities.
(1)
When so required, special policemen shall perform
general police duty on an hourly, daily or other basis, while regular
members of the police force are on vacation, or are absent from duty
by reason of illness or some other cause, or whenever, in the judgment
of the Police Chief, the services of such persons are required.
(2)
Each special policeman shall be under the supervision
and direction of the Chief of Police and shall perform his duties
only in the Borough except when in fresh pursuit of any person, pursuant
to the provisions of N.J.S.A. 2A:156 et seq. Each special policeman
shall comply with the regular rules and regulations promulgated by
the Mayor and Council for the conduct and decorum for the regular
members of the Police Department.
(3)
No special policeman shall carry a revolver or other
similar weapon when off-duty.
The Mayor and Council, from time to time, shall
appoint as school crossing guards such persons as it deems qualified
for the position. The powers and duties of school crossing guards
shall be limited to the protection of children while on public thoroughfares
in the Borough in connection with their attendance at schools and
houses of worship in the Borough and to the direction and regulation
of pedestrian and vehicular traffic at the various street intersections
and crossings where they may be stationed. While on active duty, school
crossing guards shall be under the jurisdiction of and subject to
the orders of the officers of the Police Department.
A.
Physical examination.
(1)
One or more medical doctors, authorized to practice
medicine in the State of New Jersey, shall be appointed by the mayor,
subject to confirmation by the Borough Council. One of the physicians
shall examine all members of the police force or appointees to the
force whenever required by this chapter or the rules and regulations
as promulgated by the Borough Council and shall report, in writing,
the result of such examinations with his opinions as to physical fitness
for police work of the person examined.
(2)
Every member of the Police Department shall maintain
himself in proper physical condition and good appearance at all times.
The Mayor and Borough Council or the Chief of Police may require any
member of the Police Department to be examined by the physicians when,
in the opinion of the Mayor and Council or Chief of Police, such member
gives evidence that he is unable to perform properly the duties of
his position. Nothing herein contained shall prevent such a member
from submitting supplemental evidence of this condition to be supplied
by a physician of his own selection, in addition to that required
by the Mayor and Council or Chief of Police.
(3)
Recommendations of the physicians for corrective measures
of physical deficiencies interfering with the duties of a member of
the Police Department shall be followed by such member, subject to
the approval of the member's personal physician.
B.
Promotions. All promotions to a superior position
shall be made from the membership of the Police Department. Due consideration
shall be given to the member or officer so proposed for the promotion
to the length and merit of his service, and preference shall be given
according to seniority in service. However, seniority shall not be
the sole factor in determining promotions. The Mayor and Council may,
by resolution from time to time, adopt promotional procedures and
make provisions for promotional examinations so as to assure that
all promotions are given to the most qualified member of the police
force. Such promotional examinations may include written examinations,
oral examinations, oral interviews, ratings of past service, future
potential and any other factors. The Mayor and Council may, in its
discretion, decide the amount of weight to be given to each of the
enumerated factors.
C.
Suspensions, hearings; fines; reductions.
(1)
Disciplinary actions.
(a)
Except as otherwise provided by law, no permanent
member or officer of the Police Department shall be removed from his
office, employment or position for political reasons or any cause
other than incapacity, misconduct or disobedience of rules and regulations
established for the government of the Police Department.
(b)
No 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.
(2)
Service of charges; time of hearing.
(a)
The complaint shall be filed with the Chief
of Police 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 be set no less than 15 nor more than 30 days
from date of service of the complaint. Failure to comply with the
provisions as to the service of the complaint shall require a dismissal
of the complaint.
(b)
If any member or officer of the Police Department
is suspended pending a hearing as a result of charges made against
him, such hearing, except as otherwise provided by law, shall be commenced
within 30 days from the date of the service of the copy of the complaint
upon him, in default of which the charges shall be dismissed and such
member or officer may be returned to duty.
(c)
If the person so charged requests an adjournment
or continuance of the hearing, the hearing shall be deemed to be timely
held, if scheduled within the time prescribed by this section.
(3)
Hearing.
(a)
The Mayor and Council may either decide to sit
as the hearing tribunal or may designate the Chief of Police, any
other employee of the Borough or, where it deems necessary, a person
who is not affiliated with the Borough to serve as hearing officers.
The body or party empowered to conduct the hearing shall have the
power to subpoena witnesses and documentary evidence. The Superior
Court shall have jurisdiction to enforce any such subpoena.
(b)
When the Mayor and Council sit as a hearing
tribunal, the Mayor and Council shall determine if there is a basis
for the charges and, if so, impose a penalty. When a party other than
the mayor and council conducts the hearing, such party shall report
its findings in writing to the Mayor and Council within 10 days of
the hearing. Where appropriate, the Mayor and Council shall impose
the appropriate penalty.
(4)
Suspension; loss of pay. Notwithstanding any other
law to the contrary, whenever any member of the Police Department
is charged under the law of this state, another state or the United
States, with an offense, such police officer may be suspended from
performing his duties, with pay, until the case against such officer
is disposed of at trial, until the complaint is dismissed or until
the prosecution is terminated; provided however, 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, such officer may be suspended from his duties
without pay, until the case against him is disposed of at trial, the
complaint is dismissed or until the prosecution is terminated.
(5)
Reinstatement; reimbursement.
(a)
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.
(b)
If any municipal police officer is suspended
with pay and is found guilty of the charges brought against him, such
police officer shall reimburse the Borough for all pay received by
him during the period of his suspension.
(6)
Appeal. Any member or officer of the Police Department
who has been tried and convicted upon any charge or charges may obtain
a review thereof by the Bergen County Court in the manner provided
by N.J.S.A. 40A:14-150.
D.
Tenure. No person who serves as a special policeman
or school crossing guard, or who performs any duties of a police nature
other than as a probationary patrolman prior to appointment as a regular
member of the Police Department, shall be entitled to credit for any
such prior periods of duty or services rendered, either with or without
pay, on account of any required tenure or promotion record in the
Police Department. Persons permanently appointed to the department
who have served as probationary patrolmen shall be entitled to credit
for service during their probationary periods.
E.
Leave of absence; military service.
(1)
When any member of the Police Department who has entered
or hereafter enters the active military or naval services of the United
States or of this state in time of war or any emergency, or for or
during any period of training, or pursuant to or in connection with
the operation of any system of selective service, or who has entered
or hereafter in time of war enters the active service of the United
States Merchant Marine or any similar organization authorized by the
United States to serve with the army or navy shall be granted a leave
of absence for the period of such service and for a further period
of three months after receiving his discharge from the service. Any
such person incapacitated by wound or sickness at the time of his
discharge from service shall be granted an extended leave of absence
until three months after his recovery from such wound or sickness
or until the expiration of two years from the date of his discharge
from such service, whichever occurs first.
(2)
In no case shall such person be discharged or separated
from his office, position or employment during such period of leave
of absence because of his entry into the service. During the period
of the leave of absence, such person shall be entitled to all the
rights, privileges and benefits that he would have had or acquired
if he had actually served in such office, position or employment during
the period of leave of absence, except the right to compensation,
unless otherwise provided by law. Such leave of absence may be granted
with or without pay as provided by law. Such person shall be entitled
to resume the office, position or employment held by him at the time
of his entrance into such service, provided that he applies therefor
before the expiration of the leave of absence. Upon resumption of
his office, position, or employment, the service in such office, position
or employment of the person temporarily filling the same shall immediately
cease.
(3)
No person who, after entry into such service, has
been separated from the service by a discharge of lesser degree than
honorable discharge shall be entitled to any of the rights, privileges
or benefits herein conferred.
F.
Temporary replacement.
(1)
When any member of the Police Department is granted
a leave of absence as hereinabove set forth or pursuant to any law
granting leave of absence to persons entering the military or naval
forces of the United States or of this state, the Mayor and Council
may appoint a person to serve in the place of the person who has been
granted such leave of absence and during the continuance thereof.
Such appointment shall constitute a temporary appointment only, and
the person temporarily appointed shall have no obligation to contribute
to any pension fund and shall acquire no pension or tenure rights.
(2)
In order to fill any vacancy, the Mayor and Council
shall certify how such vacancy occurs or exists and the name of the
person, if any, who held the office or position immediately prior
to the vacancy.
(3)
The Mayor and Council, in making the temporary appointment,
may appoint any person who is over 18 and under 45 years of age, is
a citizen of the United States and a resident of the State of New
Jersey, is able to read, write and speak the English language well
and intelligently, is of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
(4)
Such temporary employment shall terminate upon the
date the appointee's predecessor returns to his duties, or when it
is determined that the predecessor will not return or sooner, when
deemed advisable by the Mayor and Council.
The Police Department shall:
A.
Preserve the public peace, prevent crime, detect offenders
against the penal laws and ordinances effective within the Borough,
suppress riots, mobs and insurrections, disperse unlawful or dangerous
assemblages 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, ordinances
and general law for such purpose.
C.
Remove all nuisances in the public streets, parks
and other public places and inspect and observe all places of public
amusement or assemblage and all places of business requiring any state
or municipal license or permit.
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 and apprehend
and arrest all persons legally charged with the violation 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 federal,
state and local law or regulations.
G.
Operate a training program to maintain and improve
police efficiency of the members of the Department.
The Mayor and Council may, if it deems it necessary
for reasons of economy, decrease the number of members and officers
of the Police Department or their grades or ranks. In case of demotion
from the higher ranks or termination of service, the officers or members
to be so demoted or terminated shall be in the inverse order of their
appointment. Any member or officer who is demoted or whose service
is terminated by reason of such decrease shall be placed on a special
employment list. In the case of subsequent promotions, a person so
demoted shall be reinstated to his original rank. In the case of termination
of service and new appointment, prior consideration shall be given
to the persons on the special employment list.
