Borough of Riverdale, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 6-15-1998 by Ord. No. 11-98[1]; amended in its entirety 4-19-2004 by Ord. No. 2-2004]
[1]
Editor's Note: This ordinance also provided for the repeal of the following: former Art. I, Appointments; Promotions; Regulations, adopted 9-5-1978 by Ord. No. 5-78, as amended 2-1-1982 by Ord. No. 1-82; former Art. II, Charges of Misconduct: Proceedings, adopted 8-15-1983 by Ord. No. 6-83; and former Art. III, Special Law Enforcement Officers, adopted 7-17-1989 by Ord. No. 4-89.
[Amended 3-17-2014 by Ord. No. 3-2014; 10-20-2014 by Ord. No. 10-2014]
There is hereby established in the Borough of Riverdale a Police Department which shall consist of:
One Chief
One Lieutenant
Not more than six Sergeants
Not more than nine Patrolmen
Two Class II Specials
A. 
The rights, privileges, powers and duties of the members of the Police Department, as well as special officers or temporary officers, shall be those prescribed by the laws of the State of New Jersey, the ordinances of the Borough of Riverdale and such rules and regulations as may from time to time be established by the appropriate authority.
B. 
Members of the Police Department shall also have the power to serve and execute all process issuing out of the municipal courts of the State of New Jersey.
[Amended 3-17-2014 by Ord. No. 3-2014; 2-24-2016 by Ord. No. 3-2016]
A. 
The Mayor is the appropriate authority, as the same is defined in N.J.S.A. 40A:14-118, to whom the Police Chief shall be directly responsible for the efficiency and routine day-to-day operations of the Police Department.
B. 
The Police Chief shall promulgate, with approval of the Mayor and Council, such rules and regulations as may be necessary for the proper government of the Police Department and for the discipline of its members.
[Amended 3-17-2014 by Ord. No. 3-2014]
A. 
No person shall be appointed a member of the Police Department unless the person:
(1) 
Is a citizen of the United States;
(2) 
Is sound in body and good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to his or her eligibility for membership in the retirement system;
(3) 
Is able to read, write and speak the English language well and intelligently;
(4) 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude;
(5) 
Has been a resident of the State of New Jersey for at least six months prior to the date of appointment;
(6) 
Has completed and filed with the Borough a written application, under oath, on a form to be furnished by the Borough;
(7) 
Has earned a bachelor's degree from an accredited college or university prior to the date of appointment or has four years' active military or four years' full-time law enforcement experience with another agency; and
(8) 
Has successfully passed a medical and psychological examination.
B. 
No person shall be given a permanent appointment as a member of the Police Department unless such person has first served a probationary or temporary term of office for a period of one year and has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1961. Employment by the Borough shall automatically terminate upon the completion of the probationary period unless the probationary officer is appointed by the Mayor and confirmed by the Borough Council as a permanent member of the Department. Probation begins with graduation from the Police Academy or employment with the Borough, whichever shall be later.
C. 
Each member of the Police Department shall, before entering upon the performance of his or her duties, take and subscribe an oath to support the Constitution of the United States and the Constitution of the State of New Jersey, to bear true faith and allegiance to the same and to the governments established in the United States and in this state and to faithfully, impartially and justly perform all of the duties of his or her office.
D. 
Appointments will be made based upon recommendation of the Chief to the Mayor.
[Amended 3-17-2014 by Ord. No. 3-2014; 12-26-2018 by Ord. No. 07-2018]
A. 
Promotion policy. Promotion denotes vertical movement in the organization hierarchy from one rank classification to another. Validity of the promotional process can only be accomplished through clear and concise procedures. A promotional process has been developed to identify employees who possess the ability to assume greater responsibilities combined with the necessary skills and knowledge to perform competently at a higher organization level. This policy is established for the positions of above patrolman.
B. 
Selection of candidate. Promotions shall be made from within the ranks of the Riverdale Police Department.
(1) 
For the rank of Sergeant:
(a) 
All candidates for promotion to the rank of Sergeant shall submit to a written examination. The New Jersey State Association of Chiefs of Police shall administer the written testing process. The maximum attainable score shall be 100%. A candidate must achieve a passing score of 70% in order to be considered for promotion.
(b) 
All candidates passing the written examination will move on to a promotional evaluation conducted by the Chief of Police and all officers above the rank of Sergeant. The promotional evaluation will consider, among other factors, years of service, a resume, the individual's past performance in current rank, attendance record, disciplinary record, leadership and management capabilities, teamwork, judgment, respect for property, attitude and interpersonal relations, productivity, overall value to the Department and dedication and professionalism as a police officer. The maximum attainable score on the evaluation will be 100%. A score of 70% shall be considered passing. The promotional evaluation will be 50% of the final score.
(c) 
All candidates passing the promotional evaluation shall sit for an oral interview with the Chief of Police and the Public Safety Committee of the Borough Council. The maximum attainable score on the interview will be 100%. A score of 70% shall be considered passing. The oral interview will be 50% of the final score.
(d) 
The promotional evaluation shall account for 50% of the final score; the oral interview shall account for 50% of the final score. Seniority points will be added to the final score; 1/4 point shall be added for each year of service with Riverdale post academy. A promotional list shall be generated. The candidate with the highest score may, but is not required to be if exigent circumstances are present, be recommended for appointment to the Mayor and Council.
(e) 
The promotional list will be active for three years and a candidate on the list may be considered for promotion without further examination for the three-year period.
(2) 
For the rank of Lieutenant:
(a) 
All candidates for promotion to the rank of Lieutenant shall submit to an oral examination. The New Jersey State Association of Chiefs of Police shall administer the oral examination process. The maximum attainable score shall be 100%. A candidate must achieve a passing score of 70% in order to be considered for promotion.
(b) 
All candidates passing the oral examination will move on to a promotional evaluation conducted by the Chief of Police and all officers at or above the rank of Lieutenant. The maximum attainable score on the evaluation will be 100%. A score of 70% shall be considered passing.
(c) 
All candidates passing the promotional evaluation shall sit for an oral interview with the Chief of Police and the Public Safety Committee of the Borough Council. A maximum Score on the oral interview will be 100%. A score of 70% shall be considered passing.
(d) 
The oral exam shall account for 50% of the final score, the promotional evaluation shall account for 25% of the final score, and the oral interview shall account for 25% of the final score. Seniority points will be added to the final score; 1/4 point shall be added for each year of service in Riverdale post academy.
(e) 
A promotional list shall be generated. The candidate with the highest score should, but is not required to be if exigent circumstances are present, be recommended for appointment to the Mayor and Council. The promotional list will be active for three years, and a candidate on the list may be considered for promotion without further examination for the three-year period.
(3) 
For the rank of Chief of Police:
(a) 
All candidates for the promotion of Chief of Police shall submit to an oral examination. The New Jersey State Association of Chiefs of Police shall administer the oral exam process. The maximum attainable score on the written examination shall be 100%. A score of 70% or higher shall be considered passing.
(b) 
All candidates passing the oral examination shall sit for an oral interview with the Public Safety Committee and the Chief of Police. The maximum attainable score for the oral interview will be 100%. A score of 70% or higher shall be considered passing. The oral examination will account for 50% of the final score. The oral interview will account for 50% of the final score. Seniority points will be added to this final score; 1/4 point will be added for each year of service in Riverdale post academy.
(c) 
Upon tabulation of final scores, a promotional list from highest to lowest will be generated. The candidate with the highest score may, but is not required based on exigent circumstances, be recommended to the Mayor and Council for promotion.
(d) 
The promotional list will be active for three years from the date of final results being published. A candidate on the list may be recommended for promotion to the appropriate rank without further examination within the three-year time period.
C. 
Eligibility.
(1) 
A patrol officer shall be eligible to participate in the promotional process to the rank of Sergeant, provided the officer has completed five years of full-time law enforcement service, including probation. Three of the five years must have been completed with the Borough of Riverdale.
(2) 
Sergeants shall be eligible to participate in the promotional process to the rank of Lieutenant, provided there has been a minimum of two years of service as a Sergeant.
(3) 
If the position of Captain is created by the governing body, Lieutenants and Sergeants shall be eligible to participate in the promotional process to the rank of Captain, provided there has been a minimum of two years of service as a Lieutenant or Sergeant.
(4) 
Captains, Lieutenants, and Sergeants shall be eligible to participate in the promotional process to the rank of Chief of Police, provided they have 15 years of federal, state, or local law enforcement experience (Military police experience does not count towards this requirement.), and 10 of those years must have been served in Riverdale with five of the years holding the rank of sergeant or above.
[Amended 2-24-2016 by Ord. No. 3-2016]
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Mayor and Council for its efficiency and day-to-day operations. 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 Chiefs direction and control.
E. 
Report at least monthly to the Mayor 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 Mayor or Borough Council.
F. 
Require that all of the laws of the state and ordinances of the Borough be observed and enforced.
G. 
Ensure that all persons connected with the Department are properly instructed in their duties and receive the proper training necessary for the effective operation of the Police Department.
Each member of the Police Department shall devote his whole time and attention to the services of the Department. Although certain hours may be allotted for the performance of regular tours of duty, officers are considered to be at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
Any member of the Police Department of the Borough of Riverdale shall be subject to reprimand, suspension, deduction in pay, reduction in rank or dismissal, according to the gravity of the offense, for any of the following causes:
A. 
Intoxication while on or off duty, whether in uniform or not.
B. 
Willful disobedience of any provision of the Police Manual of the Borough of Riverdale, as the same may be amended and supplemented from time to time, which is incorporated herein by reference.
C. 
Absence without leave.
D. 
Disrespect to a superior.
E. 
Leaving his beat or assignment without good reason.
F. 
Immorality, indecency or lewdness.
G. 
Incompetency.
H. 
Neglect of duty.
I. 
Violating any criminal law or penal ordinance.
J. 
Conduct subversive of good order and discipline of the Police Department.
K. 
Willful maltreatment of a prisoner or citizen.
L. 
Conduct unbecoming a police officer and gentleman.
M. 
Refusing to do police duty of any kind whenever the necessity requires, whether on patrol or elsewhere, and whether in uniform or not.
N. 
Neglect in paying his just debts.
O. 
Making known any proposed movement of the force.
P. 
Violation of any of the rules or regulations for the government and conduct of the Police Department.
[Amended 2-24-2016 by Ord. No. 3-2016]
[Amended 2-24-2016 by Ord. No. 3-2016]
A. 
No permanent member or officer of the Police Department shall be removed from office or employment for political reasons or for any cause other than incapacity, misconduct, disobedience of the rules and regulations established for the government of the Police Department by the Police Chief or a violation of the rules of conduct for the Police Department, including the Police Manual of the Borough of Riverdale incorporated herein by reference, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause, and then only upon written complaint setting forth the charge or charges against such member or officer. Such complaint shall be signed by the person or persons making the charge(s) against the member or officer and shall be filed with the Chief of Police. The complaint shall be served by the Chief of Police upon the member or officer so charged, with notice of a designated hearing upon the charges contained therein, which shall be commenced not less than 10 nor more than 30 days from the date of the service of the complaint.
B. 
A complaint charging a violation of the internal rules and regulations established for the conduct of the Police Department shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of the member or officer for a violation of the internal rules or regulations of the Police Department is included directly or indirectly within a concurrent investigation of the officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day after the disposition of the criminal investigation. The forty-five-day requirement for the filing of a complaint against an officer shall not apply to the filing of a complaint by a private individual.
C. 
The hearing upon a complaint filed against a member or officer of the Police Department shall be conducted by an independent hearing officer to be chosen by the Police Chief from a list of such independent hearing officers approved by the Borough Council. Said hearing officer shall preside over said hearing and shall take such testimony as is presented, it being the intent of this section to give every member or officer of the Police Department a fair trial and every opportunity to make his defense. The hearing officer shall render such decision as he determined to be fair and just under the factual circumstances he finds to exist, within the guidelines established by this chapter. Within a reasonable time, but not to exceed two weeks from the conclusion of the hearing, he shall render a report to the Police Chief setting forth his factual findings and decision. The Police Chief shall immediately take such actions as are required to implement the decision.
D. 
A failure to comply with the provisions of this section as to the filing and service of the complaint against an officer or member of the Police Department shall require a dismissal of the complaint.
Special law enforcement officers may be appointed in such numbers and classifications as may be set forth hereinafter. Such special law enforcement officers shall serve under the direction of the Chief of Police and shall perform the duties and responsibilities permitted by law subject to any and all rules and regulations adopted pursuant to such law. Such special officers shall not be members of the Police Department.
A. 
Appointment. Special law enforcement officers shall be appointed by the Mayor, with the advise and consent of the Borough Council, for terms not exceeding one year but may be reappointed as needed and as permitted by law. Said appointment may be revoked by the Mayor and Borough Council for cause, after adequate hearing. Any appointment which is for a period of four months or less may be revoked without cause or hearing.
(1) 
Exceptions. No person shall be allowed to serve as a special officer in more than one local unit at the same time, nor shall any permanent, regularly appointed, full-time police officer of any local unit be appointed as a special police officer in the Borough of Riverdale. No public official with responsibility for setting law enforcement policy or for exercising authority over the budget of the Borough of Riverdale or for supervision of the Police Department of the Borough of Riverdale shall be appointed as a special officer. "Local unit," as the term is used herein, shall mean any municipality having established a regular, local police force pursuant to law.
B. 
Qualifications of special officers. No person may be appointed as a special officer unless the person:
(1) 
Is a resident of the State of New Jersey during the term of appointment.
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or equivalent.
(3) 
Is sound in body and of good health.
(4) 
Is of good moral character.
(5) 
Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of the office of special officer.
(6) 
Has successfully undergone the same psychological screening that is required of all full-time police officers of the Borough of Riverdale Police Department or, with regard to a special officer hired for a seasonal period, has successfully undergone a program of psychological testing approved by the Police Training Commission.
(7) 
Has been fingerprinted as required by statute and has passed all background investigation designed to determine the eligibility and qualifications of the applicant to serve as a special officer. The Chief of Police or, in the absence of the Chief of Police, another chief law enforcement officer of the Borough of Riverdale shall be responsible for conducting the aforesaid background investigation and issuing a written report on the same to the Borough Council.
C. 
Classification and authority of special officers. In accordance with the Special Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.B, there shall be two classifications of special law enforcement officers based upon the duties to be performed by the officers as follows:
(1) 
Class One. Officers of this class shall beauthorized to perform routine traffic detail, spectator control and similar duties. Class One officers are hereby authorized 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 no Class One officer shall be assigned any duties which may require carrying or use of a firearm.
(2) 
Class Two. 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 Class Two officers may be permitted under the conditions set forth in N.J.S.A. 40A:14-146.8.
D. 
Training. No special officer shall commence his duties until he has completed training as currently required under N.J.S.A. 40A:14-146.11 or as the same may be amended from time to time. Former New Jersey police officers who meet the requirements of N.J.S.A. 40A:14-146.10f shall not have to meet the training requirements referred to hereunder, provided that such officers shall receive a waiver from the Police Training Commission and file said waiver with the Director of Public Safety.
E. 
Hours of employment.
(1) 
No special police officer may be employed for more than 20 hours per week, except that special officers may be employed for those hours as the Borough may determine necessary in accordance with the limits prescribed below:
(a) 
For an unlimited number of hours during period of emergency.
(b) 
For a period of not more than 20 hours per week to provide public safety and law enforcement services to public entity. Said period shall be in addition to employment for not more than 20 hours per week, including duties assigned pursuant to the provisions of N.J.S.A. 40A:14-146.14.
(2) 
The Chief of Police or another chief law enforcement officer of the Borough of Riverdale may designate one special officer to whom the limitations on hours employed shall not be applicable.
F. 
The number of special police officers employed by the Borough at any one time shall not exceed the maximum number permitted pursuant to N.J.S.A. 40A:14-146.17.
[Amended 7-19-2004 by Ord. No. 14-2004; 11-17-2014 by Ord. No. 14-2014]
[1]
Editor's Note: Former § 47-11, Director of Public Safety position established; § 47-12, Director of Public Safety appointment; term of office; § 47-13, Director of Public Safety compensation; § 47-14, Director of Public Safety qualifications; and § 47-15, Director of Public Safety powers and duties, were repealed 2-24-2016 by Ord. No. 3-2016.
There is hereby established the position of Chaplain to the Police Department of the Borough of Riverdale. The Mayor may, with the consent of the Council, appoint an ordained clergyman in good standing in the religious body from which he or she is ordained to serve as Chaplain to the Police Department. The individual appointed shall serve at the pleasure of the Mayor and Council. The Chaplain shall become a member of the Riverdale Police Department but shall serve without rank and without salary.
[Added 2-22-2017 by Ord. No. 2-2017]
The following regulations shall apply to the use of outside detail police officers for outside detail police services.
A. 
Police officers may work for outside private contractors (either a person or an entity) on their outside detail hours with the approval of, and provided that, the Chief of Police determines, in the Chief's discretion, that there are sufficient police personnel available for such work, that the outside employment assignment will not interfere with the needs of the Borough, and that sufficient funds have been deposited in an escrow account with the Borough Chief Financial Officer to cover the anticipated costs of such outside detail work.
B. 
The Borough hereby establishes an escrow account dedicated to the payment of outside detail police officers for outside employment by private contractors.
C. 
Any contractor desiring to retain the services of police officers of the Borough of Riverdale for outside detail police-related activities shall be required to enter into a contract with the Borough of Riverdale. The contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Borough of Riverdale, and fees for the use of Borough-owned equipment. The Chief of Police or his designee hereby is empowered to execute a contract for outside detail police related activities on behalf of the Borough in accordance with this section.
D. 
The Chief of Police or his designee shall be responsible for the assignment of all outside detail police related activities.
E. 
Application for outside detail officers.
(1) 
Prior to execution of any such contract between a contractor and the Borough, all prospective contractors must make application to hire outside detail police officers through the Chief of Police. The written application for hire shall include the following information:
(a) 
The dates that police services and police vehicle(s) will be needed.
(b) 
The time of day that the outside detail police services will be required.
(c) 
An estimate of the number of hours the contractor anticipates using the outside detail police officer(s) and, if appropriate, the number of police vehicles required for the officer or officers while performing such work.
(2) 
The contractor, with submission of the application, shall submit a check in an amount not less than the full anticipated amount of money needed to cover the cost of outside detail police services and the cost of the Borough's administrative fees.
F. 
If, at any time during the course of the contractor's work, the sum in the escrow account is less than the amount of funds that are anticipated to be needed to pay for the cost of such outside detail services and for the cost of the associated administrative fees, the Chief of Police, or his designee, shall immediately notify the contractor that the funds in the escrow account are insufficient to pay for continued outside detail police services. The contractor shall then either replenish the escrow account with a check sufficient to pay for continued services, or the Chief of Police immediately shall terminate provision of the outside detail police services to the contractor.
G. 
All sums remaining in the escrow account after completion of the contractor's services shall, upon proper notice to the Borough Chief Financial Officer by the Chief of Police, be refunded to the contractor.
H. 
Rates for outside detail police services are as set forth in Chapter 47 of the Borough's general ordinances.
I. 
Each person or entity that shall use outside detail police officers pursuant to this section shall be responsible for maintaining his/her or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Borough of Riverdale as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Chief of Police prior to the assignment of any outside detail police officers to said contractor.
J. 
The Chief of Police or his designee shall have the authority to order any police officer engaged in outside detail assignments within the Borough of Riverdale to respond to an emergency within the Borough. The Chief of Police or his designee shall also have the right to order any outside detail assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the outside detail officer and/or citizens of the Borough.
K. 
In the event that a police officer is assigned to an emergency while working an outside detail assignment, the Chief of Police shall note said emergency and the time that the officer was removed from the outside detail assignment. The contractor shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of Riverdale for the time that the officer and/or equipment attended to the emergency.
L. 
Any contractor utilizing the services of outside detail police officers shall indemnify and hold harmless the Borough of Riverdale for any and all claims and damages which may arise from the outside detail police officer's services for said person or entity.
M. 
In order to be eligible for outside detail employment, a police officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be able to engage in outside detail employment.
N. 
In the event the outside detail is needed in an emergency the requirements to file an application, post an escrow, and provide proof of insurance contained in this section may be waived by the Chief of Police or the Emergency Management Coordinator.