[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency medical services — See Ch. 34.
Volunteer Fire Department — See Ch. 44.
[Adopted as Ch. 2, Art. VII, of the 1990 Code]
[Amended 5-9-1990 by Ord. No. 5-1990; 3-19-2014 by Ord. No. 2-2014]
A. 
The North Haledon Police Department shall consist of a maximum of 25 sworn officers of the following ranks:
[Amended 2-20-2019 by Ord. No. 3-2019; 5-18-2022 by Ord. No. 13-2022; 9-21-2022 by Ord. No. 18-2022]
(1) 
Chief of Police: one.
(2) 
Captain: two.
(3) 
Lieutenant: two.
(4) 
Sergeant: four.
(5) 
Detective Sergeant: two.
(6) 
Police officer: 14.
B. 
The total number of officers appointed at any given time, pursuant to the ranks as set forth above, shall be in the sole discretion of the Mayor and Council with respect to funding and appointment and in accordance with the demands of public safety, the welfare of the community, and the needs of the Police Department as recommended by the Chief of Police. Nothing herein shall mandate that the Mayor and Council fund or appoint the maximum number of officers authorized or the maximum number of appointees to a particular rank, except that there shall be a Chief of Police appointed.
C. 
The ranking of officers from superior to subordinate is as follows: Chief, Captain, Lieutenant, Sergeant, police officer.
[Amended 2-18-2015 by Ord. No. 2-2015]
The Council shall appoint a Police Committee to consist of three Councilmen who shall be responsible for duties as assigned by the Mayor and Council. In making the appointments each year, the Mayor shall designate one member of Police Committee as the Police Commissioner who shall serve as the Chairman of the Police Committee.
A. 
It shall be the duty of the Chief of Police to cause the public peace to be preserved and to see to it that all laws and ordinances effective in the Borough are enforced, and, whenever any violation thereof shall come to his/her knowledge or be reported to him/her, he/she shall cause the requisite complaint to be made and see that evidence is procured for the successful prosecution of the offender or offenders.
B. 
He/she shall cause the police officers under him/her to obey the police rules prescribed by the Police Committee and see that they perform their duties promptly, efficiently and faithfully.
C. 
He/she shall, in case of tumult, riot, insurrection or threatening thereof, take command in person of the police officers and direct their movements and operations in the discharge of their respective duties.
D. 
He/she shall cause to be kept and made all such records, registers, books and reports concerning the affairs, property and operations of the Department, as may be prescribed by, and in the manner and at the times required by, the police rules.
E. 
He/she shall, by order, determine the beats, tours and nature of duty of the patrolmen, with such special instructions as he/she may deem proper.
F. 
All details of importance to the Police Department, for any special or particular duty or service, shall be made by the Chief of Police, or pursuant to his/her order.
At the end of each year, the Chief of Police shall cause to be made out and presented to the Mayor and Council, at its first regular meeting thereafter, a report of the operations of the Department during the year, with such statistics and suggestions as he/she may deem advisable concerning the government and discipline of the force.
[Amended 2-18-2015 by Ord. No. 2-2015]
The duties and responsibilities of the employees of the North Haledon Police Department shall be those set forth by law and as prescribed by the Department's Written Directive System established by the Chief of Police.[1]
[1]
Editor's Note: Original § 2-21.6, which immediately followed this section and provided for compensation of police officers, was repealed 5-9-1990 by Ord. No. 5-1990.
[Amended 7-16-2008 by Ord. No. 5-2008; 2-18-2015 by Ord. No. 2-2015]
Full-time members of the Police Department shall not engage in any business or occupation except upon application to the Chief of Police. In determining whether to permit other employment of a full-time member of the Police Department, the Chief of Police shall provide a form of application and shall consider the nature and extent of outside employment and whether it would interfere with the performance of duties by the police officer as required of him or her by the Department.
[Added 11-10-1987 by Ord. No. 14-1987[1]; amended 10-16-1991 by Ord. No. 29-1991; 2-19-1992 by Ord. No. 5-1992; 12-2-1992 by Ord. No. 28-1992; 3-17-1999 by Ord. No. 3-1999; 7-16-2008 by Ord. No. 5-2008; 4-20-2011 by Ord. No. 3-2011; 6-15-2011 by Ord. No. 13-2011; 6-15-2011 by Ord. No. 14-2011; 4-16-2014 by Ord. No. 5-2014]
Policies for selection, recruitment and promotion of personnel are set forth in the North Haledon Police Department Policy and Procedures.[2]
[1]
Editor's Note: This ordinance also repealed original § 2-40, Examinations of candidates, of the 1990 Code.
[2]
Editor's Note: The Police Department Policy and Procedures are on file in the office of the Borough Clerk.
[Amended 4-16-2014 by Ord. No. 5-2014; 2-18-2015 by Ord. No. 2-2015]
The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations. All employees of the Police Department shall be subject to such rules and regulations and penalties.
All disciplinary proceedings shall be in accordance with the requirements of statute.[1]
[1]
Editor's Note: Original § 2-43, Qualifications for appointment, of the 1990 Code, which immediately followed this section, was repealed 11-10-1987 by Ord. No. 14-1987. For current provisions, see § 107-10.
The governing body shall be authorized from time to time to enter into collective bargaining agreements with the eligible members of the Police Department. No provisions shall be in derogation of any ordinance of the Borough nor any state statute.
[Amended 5-9-1990 by Ord. No. 5-1990; 2-18-2015 by Ord. No. 2-2015]
The probationary period is one year from the date of completion of the police training course, or if already holding a valid New Jersey Police Training Commission Certification, one year from date of appointment.
[Amended 5-13-1987 by Ord. No. 5-1987; 3-17-1993 by Ord. No. 5-1993; 9-15-1999 by Ord. No. 11-1999; 2-18-2015 by Ord. No. 2-2015; 2-20-2019 by Ord. No. 3-2019]
Special law enforcement officers in the Borough of North Haledon shall be governed by N.J.S.A. 40A: 14-146.8 et seq, and appointed in accordance with the standards set forth in § 107-28A(1) through (7), D, E and F.
[Amended 2-18-2015 by Ord. No. 2-2015]
No member of the Police Department shall be eligible for promotion to a position as a sergeant until he/she shall have served five years as a regular police officer.[1]
[1]
Editor's Note: Original § 2-21.20, which immediately followed this section and set forth minimum physical requirements for membership in the Police Department, was repealed 5-9-1990 by Ord. No. 5-1990.
[1]
Editor’s Note: Former § 107-18, Appointments based on competitive examinations, was repealed 2-18-2015 by Ord. No. 2-2015.
Every member of the Police Department, before entering upon the performance of his/her duties, shall 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 State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his/her office, which oath or affirmation shall be filed with the Borough Clerk.
[Amended 2-18-2015 by Ord. No. 2-2015]
The Detective Bureau shall consist of those members of the Police Department who have been so assigned by the Chief of Police.
[Added 8-13-1980 by Ord. No. 13-1980; amended 11-9-1988 by Ord. No. 31-1988; 10-16-1991 by Ord. No. 28-1991]
The governing body may directly appoint to the Police Department, without the necessity of submitting to any written examination, any person who is then presently serving as a full-time police officer with any other municipal, county or state police department or law enforcement agency or who is a graduate of a police academy specifically dedicated to training of full-time police officers. No written test shall be required of such person, except that the governing body, in its discretion, may require of such person compliance with such provisions of § 107-10 of the North Haledon Code as the governing body deems appropriate.
[Added 8-17-1988 by Ord. No. 21-1988; amended 5-9-1990 by Ord. No. 5-1990]
A fee schedule as provided in Chapter 275, Fees, is hereby provided.
[1]
Editor’s Note: Former § 107-24, Medical insurance supplemental payments, added 9-16-1992 by Ord. No. 25-1992, was repealed 2-18-2015 by Ord. No. 2-2015.
[Added 6-15-2011 by Ord. No. 15-2011]
A. 
Any person or entity, other than a public utility, requesting the services of an off-duty law enforcement officer in the Borough of North Haledon shall estimate the number of hours such law enforcement services are required, which estimate shall be approved by the Chief of Police and shall establish an escrow account with the Borough Chief Financial Officer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 275-3A for the total estimated hours of service. No off-duty law enforcement services shall be performed or posted until the escrow account required hereunder has been established and fully funded.
B. 
In the event the funds in such escrow account should become depleted, services of off-duty law enforcement officers shall immediately cease, and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
C. 
The person or entity requesting such services of an off-duty police officer shall replenish, or deposit additional funds into, the escrow account required hereunder within 10 days of the request being made for same by the Borough or any of its representatives. The person or entity requesting such services of an off-duty police officer shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
D. 
Notwithstanding the foregoing, in the event of an emergency and where the establishment of an escrow account is not immediately feasible, off-duty police services may be provided hereunder. In such an event, the person or entity requesting such services shall remit payment in full within 24 hours after billing.
[Added 2-18-2015 by Ord. No. 2-2015]
The North Haledon Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of North Haledon; direct and control traffic; provide attendance and protection during emergencies; make appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members.
[1]
Editor's Note: Former Art. II, Police Escort Services, adopted as Ch. 22 of the 1990 Code, as amended, which was composed of §§ 107-26 and 107-27, was removed from the Code pursuant to Ord. No. 2-2015, adopted 2-18-2015.
[Added 2-18-2015 by Ord. No. 2-2015]
In accordance with N.J.S.A. 40A: 14-118, the Mayor and Council are hereby designated as the appropriate authority and are hereby vested with the powers and duties of an appropriate authority as delegated by law.
[Added 2-18-2015 by Ord. No. 2-2015]
A. 
Eligibility sworn officer. The general qualifications for employment with the North Haledon Police Department shall be:
(1) 
Must be a citizen of the United States and a resident of New Jersey;
(2) 
Must possess a high school diploma, or equivalency;
(3) 
Must be of good moral character;
(4) 
Must be at least 18 years old;
(5) 
Must not have been convicted of a crime;
(6) 
Must possess a valid New Jersey driver's license;
(7) 
Possess 60 college credits;
(8) 
Possess a PTC Certification or;
(9) 
Be a Special Police Officer Class II and current Borough employee.
B. 
Oral interviews.
(1) 
The Department interview shall be conducted by the Chief of Police and/or an officer(s) designated by the Chief of Police and the Borough Police Committee.
(2) 
The candidates will then be ranked and a candidate(s) selected for the background investigation phase.
C. 
Preference. A candidate for employment may be given preference in the selection process if such a candidate has previously been certified by the New Jersey Police Training Commission as a law enforcement officer and or a Class II Special Police Officer and is currently serving as a Class II Special Officer in North Haledon.
D. 
Background investigation. A background investigation will be conducted on all candidates (sworn and nonsworn) for all positions prior to appointment that will include at least the following:
(1) 
A review of the candidate's application to confirm/verify meeting eligibility requirements for the position applied for;
(2) 
A check of the applicant's driving history, if driving is a requirement of the position;
(3) 
A fingerprint check for criminal record;
(4) 
Candidates for sworn positions shall be checked against the New Jersey Central Drug and Domestic Violence Registries;
(a) 
All candidates for police officer shall be subject to a criminal history check prior to the selection phase paying particular attention to acts of domestic violence, sexual abuse, stalking, elder abuse, or child abuse, including a check of the Domestic Violence Registry to determine the existence of any active restraining orders and to determine if there is a history of domestic violence.
(b) 
Police officer candidates shall be interviewed about any history of acts of domestic violence, sexual assault, stalking, elder abuse, or child abuse and past or present restraining orders and their disposition. Applications for employment to the position of police officer shall be amended to require information on these topics.
(c) 
Those police officer candidates with a history of perpetrating acts of domestic violence, sexual assault, stalking, elder abuse or child abuse shall be identified and declared ineligible for employment as police officers.
(5) 
Verification of at least three personal references.
E. 
Medical exam. A medical exam will be conducted on all sworn candidates prior to appointment, but after being given a conditional offer of employment, to certify the general health of each candidate.
F. 
Psychological exam. A psychological fitness examination of each candidate for a sworn position will be conducted by a qualified professional prior to appointment, but after being given a conditional offer of employment. (Alternate route candidate's psychological exams may be used in lieu of the Department sending the candidate for examination.)
G. 
Selection process nonsworn positions.
(1) 
All vacancies for nonsworn positions will be selected at the sole discretion of the Mayor and Council pursuant to North Haledon Borough policies and procedures. At a minimum the selection process shall include:
(a) 
Advertisement of the position, unless a current North Haledon Borough employee meets the qualifications and submits an application for consideration.
(b) 
Resume review;
(c) 
Oral interview;
(d) 
Background check consistent with Subsection D.
(2) 
The Chief of Police shall make a recommendation to the Mayor and Council for employment.
H. 
Promotion procedures. The Chief of Police, or his or her designated representative, shall be responsible for coordinating the promotional process pursuant to North Haledon ordinances.
I. 
Promotional process.
(1) 
Only officers who are members of this Department at the time of the promotional process are eligible for consideration consistent with New Jersey law.
(2) 
In order to be eligible for promotion in the promotion process, candidates must meet all the criteria established for such promotion on the date of the vacancy announcement.
(3) 
Sergeants' eligibility requirements: The candidate must have completed a total of five years in the rank of officer in the North Haledon Police Department and hold a Bachelor's Degree.
(4) 
Lieutenants' eligibility requirements: The candidate must hold the rank of Sergeant with the North Haledon Police Department for at least two years.
(5) 
Captains' eligibility requirements:
(a) 
The candidate must hold the rank of Lieutenant with the North Haledon Police Department for at least two years. If no candidates hold the rank of Lieutenant, Sergeants shall be eligible for the position, provided that they have served three years as a Sergeant.
(b) 
If there is an existing Lieutenant(s) who elects not to participate in the promotional process for Captain, the Department may consider Sergeants for the position, provided that they have at least three years of service as a Sergeant.
J. 
Evaluation for promotion.
(1) 
Candidates for promotion to Sergeant will submit to the following process:
(a) 
A written test and oral examination provided by the New Jersey State Association of Chiefs' of Police.
(b) 
Candidates must achieve a written exam score of at least 75%. The written exam will be scored as pass/fail. Candidates passing the written exam will be eligible to take the oral examination administered by the New Jersey State Association of Chiefs of Police. Oral examinations shall be on a pass/fail basis with a passing grade of 75%. Candidates who do not achieve a passing grade are ineligible to move on with the process. Those who pass are not ranked in any order. They are to be shown as passed or failed only.
(c) 
A review and evaluation of the candidate's personnel file by the Chief of Police and the members of the Police Committee. This review shall include discussions including commendations, employee reviews, discipline record and early intervention summaries.
(d) 
Due consideration shall be given to the length and merit of service and seniority in accordance with the provisions of N.J.S.A. 40A:14-129, as amended.
(e) 
The Chief of Police shall provide a recommendation to the Police Committee.
(2) 
Candidates for promotion to Lieutenant and Captain. In accordance with N.J.S.A. 40A:14-129, due consideration shall be given to the length and merit of service and to seniority in accordance with N.J.S.A. 40A:14-129, as amended, to any candidate for promotion to Captain. Due consideration shall also be given to the recommendation of the Chief of Police, which shall be based on the aforementioned statutory factors, and a review of the performance of the candidate(s) by the Chief of Police and the members of the Public Safety Committee.
K. 
Promotional announcement. Whenever a vacancy occurs or a need for a test arises for the filling of a position, a written announcement shall be made at least 90 days before the start of the process.
(1) 
The announcement shall contain the eligibility requirements;
(2) 
The written announcement shall describe the position available;
(3) 
The written announcement shall contain a description of the process to be used in selecting personnel for the vacancy; and
(4) 
Each officer intending to participate in the process must submit a letter of intent no later than 10 days after the announcement to the Chief of Police.
L. 
Eligibility list. The Chief of Police shall submit an eligibility list to the Mayor and Council following the promotional process. The Mayor and Council will authorize the Chief of Police to maintain this eligibility list for a period of 36 months in the event that vacancies fall within that time. The period will start upon the passing of the resolution promoting the officer(s) to the new rank.
M. 
Approval of Mayor and Council. The Mayor and Council shall have the final decision on all promotions.
N. 
Appeal of process. Within 10 days of the decision of the Mayor and Council on a promotion, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police. The Mayor and Council and the Chief of Police will assess the request, and make a determination of how the request will be addressed on a case-by-case basis.
[Added 2-20-2019 by Ord. No. 3-2019]
A. 
Promotion procedures. The Chief of Police, or his or her designated representative, shall be responsible for coordinating the promotional process pursuant to North Haledon ordinances.
B. 
Promotional process.
(1) 
Only officers who are members of this Department at the time of the promotional process are eligible for consideration consistent with New Jersey law.
(2) 
In order to be eligible for promotion in the promotion process, candidates must meet all the criteria established for such promotion on the date of the vacancy announcement.
(3) 
Sergeants' eligibility requirements: The candidate must have completed a total of five years in the rank of officer in the North Haledon Police Department and hold a bachelor's degree as of the date of the vacancy announcement.
(4) 
Lieutenants' eligibility requirements: The candidate must hold the rank of Sergeant with the North Haledon Police Department for at least two years as of the date of the vacancy announcement.
(5) 
Captains' eligibility requirements:
(a) 
The candidate must hold the rank of Lieutenant with the North Haledon Police Department for at least two years as of the date of the vacancy announcement. If no candidates hold the rank of Lieutenant, Sergeants shall be eligible for the position, provided that they have served three years as a Sergeant.
(b) 
If there is an existing Lieutenant(s) who elects not to participate in the promotional process for Captain, the Department may consider Sergeants for the position, provided that they have at least three years of service as a Sergeant as of the date of the vacancy announcement.
C. 
Evaluation for promotion.
(1) 
Candidates for promotion to Sergeant will submit to the following process:
(a) 
A written test and oral examination provided by the New Jersey State Association of Chiefs of Police.
(b) 
Candidates must achieve a written exam score of at least 75%. The written exam will be scored as pass/fail. Candidates passing the written exam will be eligible to take the oral examination administered by the New Jersey State Association of Chiefs of Police. Those who complete both exams are not ranked in any order. They are to be shown as passed or failed only.
(c) 
A review and evaluation of the candidate's personnel file by the Chief of Police and the members of the Police Committee. This review shall include discussions, including commendations, employee reviews, discipline record and early intervention summaries.
(d) 
Due consideration shall be given to the length and merit of service and seniority in accordance with the provisions of N.J.S.A. 40A:14-129, as amended.
(e) 
The Chief of Police will schedule the oral interview with the Police Committee and Police Department designees with the candidate.
(f) 
The Chief of Police shall provide a recommendation to the Police Committee.
(2) 
Candidates for promotion to Lieutenant and Captain.
(a) 
A review and evaluation of the candidate's personnel file by the Chief of Police and the members of the Police Committee. This review shall include discussions, including commendations, employee reviews, discipline record and early intervention summaries, shall be based on the aforementioned statutory factors and a review of the performance of the candidate by the Chief of Police and the members of the Public Safety Committee.
(b) 
Due consideration shall be given to the length and merit of service and seniority in accordance with the provisions of N.J.S.A. 40A:14-129, as amended.
(c) 
The Chief of Police will schedule the oral interview with the Police Committee and Police Department designees with the candidate.
(d) 
The Chief of Police shall provide a recommendation to the Police Committee.
D. 
Promotional announcement for Sergeant. Whenever a vacancy occurs and an active eligibility list does not then exist creating a need for a test to fill a position, a written announcement shall be made at least 90 days before the start of the process.
(1) 
The announcement shall contain the eligibility requirements;
(2) 
The written announcement shall describe the position available;
(3) 
The written announcement shall contain a description of the process to be used in selecting personnel for the vacancy; and
(4) 
Each officer intending to participate in the process must submit a letter of intent no later than 10 days after the announcement to the Chief of Police.
E. 
Eligibility list. The Chief of Police shall submit an eligibility list to the Mayor and Council following the promotional process. The Mayor and Council will authorize the Chief of Police to maintain this eligibility list for a period of 36 months in the event that vacancies fall within that time. The period will start upon the passing of the resolution promoting the officer(s) to the new rank.
F. 
Approval of Mayor and Council. The Mayor and Council shall have the final decision on all promotions.
G. 
Appeal of process. Within 10 days of the decision of the Mayor and Council on a promotion, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police. The Mayor and Council and the Chief of Police will assess the request, and make a determination of how the request will be addressed on a case-by-case basis.