[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; 11-11-2020 by Ord. No. 8-2020]
There is hereby established in the Borough of Riverdale a Police
Department which shall consist of:
|
One Chief
|
|
Not more than two Lieutenants
|
|
Not more than six Sergeants
|
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Not more than nine patrolmen
|
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Not more than three 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.
