[Adopted 10-5-1948 by Ord. No. 1532, effective 10-5-1948]
[Amended 1-20-1959 by Ord. No. 1763; 5-7-1968 by Ord. No. 2001-68; 3-19-1974 by Ord. No. 2141-74; 11-19-1974 by Ord. No. 2158-74; 3-6-1979 by Ord. No. 2252-79; 5-18-1982 by Ord. No. 2318-82; 5-17-1983 by Ord. No. 2340-83; 6-5-1986 by Ord. No. 2440-86; 5-2-1995 by Ord. No. 2732-95; 10-29-1996 by Ord. No. 2777-96; 10-5-1999 by Ord. No. 2913-99; 5-1-2001 by Ord. No. 2964-01; 12-18-2001 by Ord. No. 2992-01; 3-26-2002 by Ord. No. 3002-02; 8-27-2002 by Ord. No. 3013-02; 8-25-2009 by Ord. No. 3187-09; 7-10-2012 by Ord. No. 3264-12; 9-25-2012 by Ord. No. 3271-12; 11-9-2020 by Ord. No. 3537-20; 11-9-2020 by Ord. No. 3537-20; 12-30-2022 by Ord. No. 3626-22]
A. 
The authorized strength of the Police Department of the Borough of Rutherford for all sworn officers shall be a maximum of 50 officers, exclusive of special officers and other employees.
B. 
The Police Department of the Borough of Rutherford shall consist of the following:
(1) 
A maximum of one Chief.
(a) 
A maximum of one Deputy Police Chief.
(b) 
A minimum of one and maximum of two Captains.
(c) 
A maximum of six Lieutenants and a minimum of four.
(d) 
A maximum of eight Sergeants and a minimum of six.
(e) 
A maximum of five detectives and a minimum of three.
(f) 
A minimum of 24 patrolmen.
(g) 
Such special officers and other employees as determined by the Mayor and Council as necessary to properly preserve the health, safety, and welfare of the residents of the Borough.
[Amended 5-7-1968 by Ord. No. 2001-68; 5-1-2001 by Ord. No. 2964-01; 7-10-2012 by Ord. No. 3264-12; 9-25-2012 by Ord. No. 3271-12]
The Mayor shall nominate and, with the advice and consent of the Council, appoint the Chief of Police, the Captains of Police, the Lieutenants of Police, the Sergeants of Police, Detectives of the Police, and all patrolmen and other employees of the Police Department.
[Added 3-18-1997 by Ord. No. 2789-97[1]; amended 2-27-2017 by Ord. No. 3412-17]
Special law enforcement officers may be appointed in the Borough of Rutherford in accordance with the provisions of this section and the provisions of N.J.S.A. 40A:14-146.8, Special Law Enforcement Officers Act, and all amendments thereto. The Mayor shall nominate and, with the advice and consent of the Council, appoint Class 1 special law enforcement officers for terms not exceeding one year upon the written recommendation of the Chief of Police or his/her designee. There may be appointed such number of said special law enforcement officers as may be required. Such special law enforcement officers shall not be members of the Police Department of the Borough.
[1]
Editor's Note: This ordinance was vetoed by the Mayor but was approved 3-18-1997 by vote of the Council overriding the veto of the Mayor.
[Amended 6-6-1967 by Ord. No. 1974; 12-27-1990 by Ord. No. 2593-90; 8-2-1994 by Ord. No. 2707-94]
Except as otherwise provided by law, no person shall be appointed as a member of the Police Department unless he or she meets the following general qualifications:
A. 
Classification of applicants; veterans.
(1) 
Before any person shall be appointed as a member of the Rutherford Police Department, the borough shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:
I
Residents of the Borough of Rutherford
II
Other residents of Bergen County
III
Other residents of the State of New Jersey
IV
All other qualified applicants
(2) 
Duly qualified applicants who are veterans shall be accorded all such veterans' preference as are provided by law.
B. 
The Mayor and Council shall first appoint all those in Class I, then those in each succeeding class in the order above listed; and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment as police officer.
C. 
Resident appointees to police officer must be residents of Rutherford at the time of their appointment.
D. 
Resident candidates for the open competitive examinations for police officer must be residents of Rutherford as of the announced closing date of the examination.
E. 
Resident candidates for appointment as police officer must maintain continuous residency in Rutherford from the announced closing date of the Department of Personal examination up to and including the date of appointment.
F. 
Should a resident candidate for police officer discontinue his or her residency prior to appointment, he/she will be subject to removal from the resident portion of the eligibility list and said candidate or candidates shall be placed in the nonresident portion of the list.
G. 
Meet the general qualifications set forth in and provided for by N.J.S.A. 40A:14-122.
[Added 3-18-1997 by Ord. No. 2789-97[1]; amended 2-27-2017 by Ord. No. 3412-17]
A. 
Classes of special law enforcement officers: There shall be one class of special law enforcement officers based upon the duties to be performed as follows:
(1) 
Class 1. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Said officers shall have the power 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 firearms by an officer of this class is expressly and strictly prohibited. No Class 1 officer shall be assigned duties which require or may require the carrying or use of a firearm. Each Class 1 special law enforcement officer shall have satisfactorily completed a Class 1 training program with a certificate stating the category of certification from the Police Training Commission having completed the mandatory training.
B. 
Term. Special law enforcement officers shall be appointed for terms not to exceed one year; provided, however, that the appointment may be revoked by the Mayor and Council for cause at the hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing, pursuant to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed to require reappointment upon the expiration of a term. The special law enforcement officers so appointed shall not be members of the police force of the Borough of Rutherford, and their powers and duties as determined pursuant to this section and New Jersey Statutes shall cease at the expiration of the term for which the special law enforcement officer was appointed.
C. 
Qualifications. No person shall be appointed as a special law enforcement officer unless the person is:
(1) 
A resident of the Borough of Rutherford at the time of appointment.
(a) 
If not a resident of the Borough of Rutherford, possesses a specific ability beneficial to the daily operation of the Rutherford Police Department, determined by the Chief of Police or his designee.
(2) 
Able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(3) 
Of sound body and good health.
(4) 
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 his/her office.
(6) 
Has successfully undergone psychological testing, which is required of all full-time police officers of the Borough.
(7) 
Shall have had fingerprints taken, which shall be filed with the Division of the State Police and Federal Bureau of Investigation.
(8) 
Not serving as a regularly appointed full-time police officer of any municipality or a public official with responsibility for selecting law enforcement policy or exercising authority over the budget of the Borough or supervision of the Police Department of the Borough.
D. 
Applications. Every applicant for appointment as a special law enforcement officer shall submit a written application, verified under oath, setting forth his qualifications for the position and other data in the form and manner as hereafter may be prescribed by the governing body.
E. 
Approval by Chief of Police. Before any special law enforcement officer is appointed pursuant to this chapter and applicable New Jersey Statutes, the Chief of Police or, in the absence of the Chief, his designee shall ascertain the eligibility and qualifications of the applicant and shall report these determinations, in writing, to the Mayor and Council of the Borough of Rutherford.
F. 
Hours of employment. Special law enforcement officers may be employed to serve no more than the number of hours prescribed by the applicable provisions of the Special Law Enforcement Officers Act, together with any additional hours permitted by law, to provide public safety and law enforcement services to the Borough of Rutherford and other public entities.
G. 
All appointed special law enforcement officers shall fall under the direction of the Chief of Police of the Rutherford Police Department and be directed by all pertinent department standard operating procedures (SOP), rules and regulations, and other written and oral directives.
H. 
Uniforms shall be prescribed by the Rutherford Police Department and maintained by the appointed special law enforcement officer. Initial uniforms and necessary equipment/body armor prescribed in department directives shall be provided to the special law enforcement officer at time of appointment.
[1]
Editor's Note: This ordinance was vetoed by the Mayor but was approved 3-18-1997 by vote of the Council overriding the veto of the Mayor.
No person shall be appointed, reinstated, promoted, reduced or dismissed as a member of the Police Department in any other manner or by any means other than those prescribed by Subtitle 3 of Title 11[1] of the Revised Statutes of New Jersey (Civil Service) and the rules and regulations prescribed thereunder.
[1]
Editor's Note: Title 11 was repealed by L. 1986, c. 112. See now Title 11A, Civil Service.
[Amended 9-25-2012 by Ord. No. 3271-12]
The Mayor shall nominate and, with the advice and consent of the Council, appoint a Police Surgeon, who shall be a licensed physician of the State of New Jersey and a resident of the Borough of Rutherford, whose duty it shall be to examine any member of the Police Department at the request of the Chief of Police; examine and report to the Chief of Police on all cases of sickness or disability of any member of the Police Department for which he claims exemption from duty, and no member of the Police Department shall be relieved from the performance of duty because of sickness or disability unless upon the certification of the Police Surgeon that he is physically unable to perform the same; examine candidates for appointment to the Police Department as to their physical fitness to perform the duties of a police officer; and to perform such other duties as may be assigned to him from time to time by the Mayor and Council.
Appointments to the Police Department shall be for a probationary period of three months. If at the expiration of such period the conduct or capacity of the probationer has not been satisfactory to the Mayor and Council, the probationer shall be notified, in writing, that he will not receive absolute appointment; otherwise his retention in the service will be equivalent to his final and absolute appointment.
Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey, and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Borough Clerk, and he shall also sign the police register.
[Amended 9-25-2012 by Ord. No. 3271-12]
The members of the Police Department shall be held responsible for the proper enforcement of all the ordinances of the Borough of Rutherford and the laws of the State of New Jersey. Each member shall arrest, without warrant, any person or persons who, in his presence, shall violate any ordinance of the Borough of Rutherford, or be guilty of disorderly conduct or commit any crime against the laws of the State of New Jersey, and shall promptly execute all warrants and serve all court orders issued to him and such other papers as required of him to be served within the limits of the Borough of Rutherford or elsewhere when directed by the Chief of Police. They shall patrol the streets of the Borough of Rutherford at such times and on such routes and perform such other duties and services as may be assigned to them by the Chief of Police.
[Amended 11-19-1974 by Ord. No. 2158-74; 3-15-1983 by Ord. No. 2337-83; 5-17-1983 by Ord. No. 2340-83; 6-5-1986 by Ord. No. 2440-86; 9-4-1996 by Ord. No. 2770-96; 10-26-2010 by Ord. No. 3211-10]
There is hereby established a Detective Bureau within the Police Department which shall operate under the following rules and regulations:
A. 
The Bureau shall consist of not more than five detectives. At least one of those detectives shall be a Senior Officer: a Lieutenant or a Sergeant.
B. 
One detective shall be assigned as Municipal Court Officer to perform said court duties in addition to other regular assignments.
C. 
Not more than two detectives shall be assigned as Juvenile Officers to perform said duties in addition to other regular assignments.
D. 
All positions shall be filled by police personnel assigned to those positions by the Chief of Police, all of whom shall be subject at all times to the orders of the Chief of Police.
[Amended 9-25-2012 by Ord. No. 3271-12]
[Added 7-10-2012 by Ord. No. 3264-12[1]]
A. 
The Chief of Police shall be appointed by the Mayor with the consent of the Council from the members of the Police Department. The Chief of Police shall be directly responsible to the Mayor and Council for the Department's efficiency and day-to-day operations, unless another appropriate authority is properly designated by the Mayor and Council.
B. 
Pursuant to N.J.S.A. 40A:14-118, the Chief of Police shall be the head of the Police Department and shall have the following duties:
(1) 
Be in full control of the Police Department and the Officers thereof, shall arrange and determine the hours of service, assign tours, beats and special details and have complete control of traffic regulations, subject, however, to the control of the governing body.
(2) 
Determine policy and direction for the Police Department.
(3) 
Be held responsible for the conduct, appearance and efficiency of the Police Department of the Borough of Rutherford, and all members of said Department, whether superior officers or patrolmen, shall obey his orders and directions.
(4) 
Be held strictly responsible for the preservation of the public peace in the Borough of Rutherford and, to ensure good order, shall post the members of the Department in such parts of the Borough as he may deem expedient.
(5) 
Conduct an educational program for the members of the Police Department, instruct them in the proper manner of the enforcement of local ordinances, and train and develop the individual members of the Police Department in their various specific duties.
(6) 
With the assistance of such officers as may be detailed by him for that purpose, keep the police blotter and such other books and records as may be necessary for the proper conduct of the Police Department of the Borough of Rutherford.
(7) 
Audit all bills for supplies, repairs and other items required for the proper conduct of the Police Department of the Borough of Rutherford and shall certify the weekly payroll.
(8) 
Furnish to the governing body, during the first week of each month, a detailed statement of the operations of the Police Department of the Borough of Rutherford for the preceding month, together with a statement showing the sources from which all moneys were received by the Department from fines, fees, licenses, etc., during said month, together with a check or cash covering the same.
(9) 
Enforce in the Borough of Rutherford the laws of the State, ordinances of the Borough and such rules and regulations relating to the Police Department as may be adopted from time to time by the Mayor and Council of the Borough of Rutherford.
(10) 
Be held responsible for the discipline of the Police Department and shall hear all charges (or delegate such hearing in the Chief's discretion) against members thereof subject to the grievance procedures set forth elsewhere in this Code of the Borough of Rutherford by applicable New Jersey statute or by collective bargaining agreement, whichever shall be applicable.
(11) 
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.
(12) 
Have, exercise and discharge the functions, powers and duties of the Police Department.
(13) 
Prescribe the duties and assignments of all members and officers.
(14) 
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.
(15) 
Report at least monthly to the governing body 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 governing body.
C. 
In accordance with N.J.S.A. 40A:14-179, the starting base salary of the Chief of Police shall be set at a rate that is higher than the highest base salary of the ranking police officer next in command below the Chief of Police. The current salary range of the Chief of Police can be located at § 87-1 of the Code of the Borough of Rutherford.
[Added 3-26-2013 by Ord. No. 3283-13]
[1]
Editor's Note: This ordinance also repealed former § 76-10, Police Director appointment, duties, responsibilities and salary, as amended.
[Amended 9-25-2012 by Ord. No. 3271-12]
The Chief of Police may suspend any member or employee of the Police Department for incapacity, misconduct, nonresidence or disobedience of the rules and regulations of the Police Department for a reasonable period not exceeding 30 days, except on a charge for a criminal offense, in which case the suspension may exceed such period. Successive suspensions shall not be allowed without special permission of the Civil Service Commission.
The compensation of the members of the Police Department shall be determined by the Mayor and Council and shall be paid at such times as the Mayor and Council may designate.[1]
[1]
Editor's Note: See Ch. 87, Salary Schedules.
[Amended 8-27-2002 by Ord. No. 3013-02; 2-25-2003 by Ord. No. 3019-03]
A. 
The Council may, by ordinance, adopt such rules and regulations as necessary for the proper and efficient conduct of the Police Department, provided, however, that nothing herein contained shall be construed to make such rules and regulations a part of this chapter. The Council shall seek the review and recommendation of the Chief of Police in adopting such rules and regulations. The rules and regulations so adopted shall be maintained in the Police Department and in the office of the Borough Clerk.
[Amended 9-25-2012 by Ord. No. 3271-12]
B. 
The Council makes an initial comprehensive adoption of rules and regulations contained in Volume 1, Chapter 1, Articles 1 through XII, entitled "Borough of Rutherford Police Department, Rules and Regulations."
[1]
Editor's Note: Former § 76-13.1, Juvenile Bureau, added 5-17-1983 by Ord. No. 2340-83, was repealed 6-5-1986 by Ord. No. 2440-86.
All prior ordinances or parts of ordinances concerning the Police Department are hereby repealed.