[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.
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.
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]
[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]
[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.
This chapter shall take effect immediately upon
publication according to law.
