[Amended 12-5-2007 by Ord. No. 2007-030; 3-21-2012 by Ord. No.
2012-003]
A.
There shall be a Department of Public Safety which
shall include the Division of Fire Suppression, Division of Fire Prevention,
Division of Police, Office of Emergency Management, First Aid and
Rescue Squads and Domestic Violence Response Team. The Chief of Police
may serve as the Director of Public Safety.
B.
The Director of Public Safety shall be responsible
for the coordination of all of the safety divisions as described above.
He shall prepare a budget, oversee the orderly operations of each
unit and perform such other duties as directed to from time to time
by the Mayor and Council.
[Amended 3-21-2012 by Ord. No. 2012-003; 6-27-2012 by Ord. No.
2012-008]
A.
Be the executive head of the Department of Public Safety, subject
to the direction and supervision of the Mayor, and shall be responsible
for the proper and efficient operation of divisions within the Department
of Public Safety and the supervision of its activities.
B.
Formulate and administer such rules and regulations for all divisions
of the Department of Public Safety subject to the approval of the
Township Council.
C.
Be responsible for the observation and enforcement of all laws of
the state and ordinances within the jurisdiction of the Department
of Public Safety, the enforcement of the rules and regulations of
all divisions of the Department of Public Safety, and shall perform
such other duties as shall be prescribed by ordinance of the Township
Council.
D.
See that all persons connected with the Department are properly instructed
in their duties and shall give particular attention to the training
and instruction of new members thereof.
E.
Have under his control all records and property of the Department
of Public Safety and designate any member of the division to prepare
these reports and keep the records in such manner as he may prescribe,
as well as take charge of such property and any other property coming
into the custody of the division.
F.
Furnish to the Township Council complete monthly and yearly reports
of police matters of public safety.
G.
Perform such other duties as set forth in ordinances relating to
the Department, as hereinafter referred to, and not inconsistent with
the provisions of this chapter.
H.
Qualifications:
(1)
Is currently the Chief of Police for the Township of West Milford,
or, in the alternative, all of the following:
(a)
Is a high school graduate and holds United States citizenship;
(b)
Possesses a minimum of a two-year degree with four-year degree
preferred in criminal justice, fire science or related field;
(c)
All standard employee qualifications of the Township of West
Milford and appropriate background check performed and cleared;
(d)
Possesses a minimum of 10 years' experience in professional
law enforcement with at least five of those years at supervisory level;
(e)
Experience in the fire department or emergency management field
preferred.
(f)
EMT and CPR certification is preferred;
(g)
Has a satisfactory knowledge of the principles, practices and
methods of New Jersey criminal, police, fire, emergency medical and
emergency management laws, rules, regulations and services;
(h)
Possesses knowledge and basic skills in the operation of various
fire and emergency medical apparatus;
(i)
Possesses the knowledge and ability to prepare memoranda and
written reports that may be used in a court of law;
(j)
Possesses the knowledge and ability to prepare and administer
an annual budget for the Department of Public Safety; and
(k)
Possesses the ability to enact and enforce Departmental policies,
rules, regulations, procedures and employee-related functions.
A.
Fire Commissioner. There shall be a Division of Fire
Suppression, the head of which shall be the Fire Commissioner, who
shall be appointed by the Mayor, on recommendation of the Fire Chief's
Association, to serve for a term of two years, effective January 1
of odd-numbered years and who shall report to the Director of Public
Safety.
B.
Deputy Fire Commissioner. A Deputy Fire Commissioner
shall also be appointed by the Mayor, on recommendation of the Fire
Chief's Association. The Deputy Fire Commissioner shall assist the
Fire Commissioner in all his duties and shall serve in the absence
of the Fire Commissioner. He shall be appointed for a term of two
years, effective January 1 of even-numbered years.
C.
Qualifications. The Fire Commissioner or Deputy Fire
Commissioner shall:
(1)
Be an ex-chief of one of the six member companies,
and not currently serving as the chief officer.
(2)
Be active in the affairs of the Fire Chief's Association
and an attendee of at least 60% of their meetings during the year
preceding appointment.
(3)
Have been recommended by the Fire Chief's Association
with the support of at least four of the six member companies. In
the event that no person has the support of four of the six member
companies, this qualification shall not apply, and the Mayor shall
make the appointment without benefit of the recommendation of the
Fire Chief's Association, solely upon the submission of personal resumes,
by the Fire Chief's Association, of all persons seeking the position.
(4)
Vacancies in an office shall be filled for the remainder
of the current term by the Mayor with the recommendation of the Chiefs
in accordance with the Bylaws of the Fire Chief's Association.
D.
Duties of Fire Commissioner. The Fire Commissioner
shall:
(1)
Be a liaison officer between the Fire Chief's Association,
Mayor and Director of Public Safety.
(2)
Give advice to and coordinate activities with each
of the Township fire companies. He shall exercise control at a company
fire or other emergency only if requested to do so by the company
officer in charge of the emergency. He may act on behalf of a company
in the event that at a fire or other emergency no officer or other
member of the company capable of exercising control is present.
(3)
In an emergency, be responsible for coordinating personnel
and equipment to provide adequate fire protection in each district.
(4)
Serve as the fire coordinator under emergency management.
The Deputy Fire Commissioner shall assist the Fire Commissioner in
the discharge of all his duties. In the absence of the Fire Commissioner,
the Deputy Fire Commissioner shall act in his place with all the powers
and duties of the Fire Commissioner.
(5)
Report to the Mayor and Council on the conditions
and location of all Township-owned property which is assigned to the
fire companies.
(6)
Maintain a record of all fire company owned property
for which the Township has assumed the responsibility of maintenance.
(7)
Research those fires and other related problems not
ordinarily within the scope of the local company.
E.
Removal of Fire Commissioner.
(1)
The Fire Chief's Association may rescind its approval
of the Fire Commissioner, or Deputy Fire Commissioner, by a vote of
four of the six member companies, for just cause, and make such recommendation
to the Mayor.
(2)
If the appointment of the Fire Commissioner or Deputy Fire Commissioner was made without benefit of a recommendation of the Fire Chief's Association pursuant to Subsection C(3), the Association, by a vote of four of the six member companies, for just cause, may recommend removal of such Commissioner to the Mayor.
F.
Fire Chief's Association. The Fire Chief's Association
shall be recognized in the Township as the fire board of directors
to coordinate the six volunteer fire companies in the Township. The
bylaws of the Fire Chief's Association shall be on file in the Township
Clerk's office.
G.
Volunteer fire companies.
(1)
Districts. The operation of the Division of Fire Suppression
shall be as set forth below, and in accordance with a map attached
hereto and on file in the Township Clerk's office.
(a)
District No. 1. As set out on the map, District
No. 1 is hereby entrusted to Apshawa Volunteer Fire Company, Inc.,
which shall have jurisdiction within the territorial limits delineated
on the map for District No. 1.
(b)
District No. 2. As set out on the map, District
No. 2 is hereby entrusted to Community Fire Company No. 2 of Newfoundland
and Oak Ridge, New Jersey, Inc., which shall have jurisdiction within
the territorial limits delineated on such map for District No. 2.
(c)
District No. 3. As set out on the map, District
No. 3 is hereby entrusted to Greenwood Forest Volunteer Fire Company,
Inc., which shall have jurisdiction within the territorial limits
delineated on such map for District No. 3.
(d)
District No. 4. As set out on the map, District
No. 4 is hereby entrusted to Macopin Volunteer Fire Company, Inc.,
which shall have jurisdiction within the territorial limits delineated
on the map for District No. 4.
(e)
District No. 5. As set out on the map, District
No. 5 is hereby entrusted to Upper Greenwood Lake Volunteer Fire Company,
Inc., which shall have jurisdiction within the territorial limits
delineated on the map for District No. 5.
(f)
District No. 6. As set out on the map, District
No. 6 is hereby entrusted to West Milford Volunteer Fire Company,
Inc., which shall have jurisdiction within the territorial limits
delineated on such map for District No. 6.
(2)
Membership; organization. The members and officers
in the fire companies shall be respectively members and officers of
the Division of Fire Suppression of the Township of West Milford.
In order to remain active members in good standing, members and officers
shall faithfully perform the duties as firemen, obey the bylaws of
their respective companies, and satisfy the attendance requirements
of the company to which they belong. The officers of each volunteer
fire company shall be elected by the company, and their names shall
be submitted to the Mayor for confirmation of appointment. These elections
and appointments shall take place annually. Upon completion of seven
years of service under municipal control, with attendance at 60% of
all fires and drills in the company in which the member belongs, the
member shall be issued a Township exempt certificate.
(3)
New member qualifications. New members in the Division
of Fire Suppression shall make formal application to the company in
whose area or district they live or work. An applicant must meet the
following qualifications:
(4)
Fire Fighter I requirements.
(a)
Newly appointed fire fighters must meet the
Fire Fighter I training and certification requirements as set forth
in N.J.A.C. 5:73-4.2, 5:73-4.3 and 5:73-4.4. Any applicant who does
not meet this requirement may only be appointed as a probationary
fire fighter until the completion of a Fire Fighter I course approved
by the Bureau of Fire Safety. The probationary period must not exceed
two years.[1]
(b)
Exemptions. An individual applying to the Division
of Fire Suppression who has prior fire-fighting experience in another
jurisdiction may be exempted from the above requirement if:
[1]
The applicant provides certificates and course
objectives from previous training.
[2]
The courses meet the content requirement of
the New Jersey Fire Fighter I program.
[3]
The fire company to which the individual is
applying approves the training course as meeting Fire Fighting I requirements.
[4]
The Fire Commissioner approves the training
courses meeting Fire Fighter I requirements.
(c)
Junior fire fighters must complete Fire Fighter
I prior to being appointed to active fire fighter status.
(d)
Only active fire fighters as defined in this
chapter may be appointed as an officer within the West Milford Division
of Fire Suppression.
(e)
Responsibilities.
[1]
It shall be the responsibility of the Fire Company
Chief to assure that all fire fighters in their respective fire company
comply with this chapter.
[2]
It shall be the responsibility of the Fire Company
Chief to assure that paper and course certificates of probationary
fire fighters are forwarded to the Fire Commissioner.
[3]
Upon receiving the appropriate paperwork from
the Company Chief, the Fire Commissioner will assure that the probationary
fire fighter is appointed as an active fire fighter.
[4]
Any applicant who does not attend or successfully
complete Fire Fighter I may be assigned by the Chief of the prospective
company to nonfirematic duties such as fire police or the photo unit.
H.
Widows' pension.
(1)
Any widow or minor child or children of a volunteer
fireman who dies as a result of injuries sustained in the course of
performance of duty as a member of the West Milford Township Division
of Fire Suppression shall receive a pension in accordance with the
provisions of N.J.S.A. 43:12-28.1 et seq.
(2)
The pension shall be in the amount of $5,000 annually
to be paid to the widow of the deceased fireman during her widowhood,
or to the legal guardian or trustee, if one is appointed, of the minor
child or children if he leaves no widow surviving, or to the guardian
of the minor child or children after the death of the widow during
the child's or children's minority.
(3)
The minor child or children of the deceased fireman
shall be determined to be minors if under the age of 18, unless legally
emancipated prior thereto.
(4)
The $5,000 annual pension shall be included in the
annual budget and tax levy of the Township and shall be raised by
taxation and shall be paid in the same manner as municipal employees
are paid.
(5)
The recipient of the above pension shall submit or
have submitted a certified statement to establish her, his or their
eligibility for such pension. This written certification should be
submitted to the Township Administrator at the municipal building.
Failure to establish or renew eligibility shall be sufficient reason
for the Township to refuse or discontinue payments pursuant to this
subsection.
I.
Junior firemen's auxiliary.
(1)
Within the Division of Fire Suppression there shall be a junior firemen's auxiliary. The purpose of the auxiliary shall be to provide training for eventual membership in the Township's volunteer fire companies. Each fire company may have a maximum of eight auxiliary members to be appointed by the Mayor upon recommendation of the Fire Commissioner. Any applicant denied membership shall have the right to appeal pursuant to Subsection J. Each auxiliary member shall:
(a)
Be between the ages of 16 and 18 years.
(b)
Present permission of the applicant's parents
or guardian. Such permission shall be in writing and acknowledged
or proved in the manner required by law.
(c)
Pass a physical examination establishing the
physical capability to perform the duties of an auxiliary member.
(2)
General rules. An auxiliary member shall be required
to observe the rules and regulations of the Township volunteer company
to which he is assigned and shall be expected to demonstrate an active
interest in the fire company and its functions. Such member shall
be required to observe the discipline and direction of the officers
and members of the fire company.
(3)
Training rules. An auxiliary member shall be required
to learn the basics of fire operations, including, but not limited
to, the following:
(4)
Safety rules. Auxiliary members shall not be allowed
to perform duties which would expose the fire auxiliary members to
the same degree of hazard as a regular member of a volunteer fire
company. Prohibited activities include, but shall not be limited to,
the following activities:
(a)
Participating in the fighting of fires or remaining
in the vicinity of a fire so as to risk injury or interfere with fire-fighting
activities.
(b)
Riding on the outside of any fire truck or fire
equipment.
(c)
Performing any functions or work details which
would place any auxiliary member or volunteer fireman in any hazardous
situation or condition.
J.
Appeal of aggrieved firemen.
(1)
Each volunteer fire company shall have the right to discipline its members pursuant to the rules and regulations that have been adopted by that company, and approve membership pursuant to Subsection G(2). Any member aggrieved by any disciplinary action or denial of membership by a volunteer fire company shall be entitled to an appeal from that decision, which must be filed within 30 days of the action taken by the fire company to the Fire Chief's Association. On appeal, the aggrieved party shall be entitled to a full due process hearing, with said hearing being stenographically transcribed. Within 45 days of said hearing, the Fire Chief's Association shall make a written recommendation with regard to said appeal to the Mayor. The Mayor shall, based upon the record of the hearing and the recommendation of the Fire Chief's Association, make a determination on the appeal.
(2)
The term "member," when used herein, shall also mean
junior firemen's auxiliary member.
K.
First aid and rescue squads.
(2)
Accountability. Each first aid and rescue squad shall
be responsible for and accountable to the Township for the custody,
care, maintenance and repair of all Township-owned property in their
possession, control and use. The president of each first aid and rescue
squad shall be the person designated for all communication and contact
with the Township Administrator with respect to such matters.
(3)
Widows' pension.
(a)
Any widow or minor child of such first aid or
rescue squad worker who dies as a result of injuries sustained in
the course of performance of duty as a member of such first aid and
rescue squad shall receive a pension in accordance with the provisions
of N.J.S.A. 43:12-28.1 et seq.
(b)
A pension in the amount of $5,000 shall be paid
annually to the widow of the deceased first aid or rescue squad member,
during her widowhood, or to the legal guardian or trustee, if one
is appointed, of the minor child or children, if he leaves no widow
surviving, or to the guardian of the minor child or children after
the death of the widow during the child's or children's minority.
[Amended 12-5-2007 by Ord. No. 2007-030]
(c)
The minor child or children of the deceased
first aid and rescue squad member shall be determined to be minors
if under the age of 18, unless legally emancipated prior thereto.
(d)
The $5,000 annual pension shall be included
in the annual budget and tax levy of the Township and shall be raised
by taxation and shall be paid in the same manner as municipal employees
are paid.
[Amended 12-5-2007 by Ord. No. 2007-030]
(e)
The recipient of the above pension shall submit
or have submitted a certified statement to establish her, his or their
eligibility for such pension. This written certification shall be
submitted to the Township Administrator at the municipal building.
Failure to establish or renew eligibility shall be sufficient reason
for the Township to refuse or discontinue payments, pursuant to this
subsection.
L.
Auxiliary members. Within the Division of Fire Suppression
there shall be auxiliary members, who shall be subject to the following
provisions:
[Added 7-9-2008 by Ord. No. 2008-017]
(1)
The purpose of establishing the position of auxiliary
members within the Division of Fire Suppression shall be to supplement
and administratively assist the West Milford Township Volunteer Fire
Companies in the performance of their duties.
(2)
Each auxiliary officer shall be at least 18 years
old and assigned to one of the six fire companies in the Township.
(3)
Each fire company within the Township may have auxiliary members to be appointed by the Mayor upon recommendation of the Fire Commissioner. Any applicant denied membership shall have the right to appeal pursuant to Subsection J.
(4)
Auxiliary members shall receive no clothing allowance
or LOSAP and shall have no voting powers. Auxiliary members shall
not be allowed to hold any offices within the Division of Fire Suppression,
except that members shall be permitted to hold a civil position if
no other individual shows interest or is qualified to hold such office
within such individual fire company.
(5)
The status, administrative assignment and supervision
of auxiliary members shall be under the control of the applicable
fire company Chief.
(6)
Auxiliary members will have no seniority and will
have no line number in the Fire Suppression Division.
(7)
Auxiliary members shall provide their respective volunteer
fire company, to which they are assigned or appointed, assistance
in the administrative functions and operations of the fire company.
(8)
Any auxiliary member who wishes to move to active
membership in the volunteer fire company must complete all requirements
established by the applicable fire company bylaws and Township Code
provisions.
[Added 12-5-2007 by Ord. No. 2007-030; amended 3-26-2008 by Ord. No. 2008-012]
Within the Department of Public Safety there
shall be a Division of Fire Prevention. The Division of Fire Prevention
is comprised of the Fire Marshal and any fire inspectors.
A.
The duties of the Division of Fire Prevention shall
be to enforce the Fire Prevention Code[1] of the Township and to work in conjunction with the Fire
Chief's Association and the Department of Public Safety towards better
fire prevention and safety from fire and/or explosion. Pursuant to
Sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-206
and 52:27D-208, any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the Passaic County Construction
Board of Appeals. The applications for the hearing shall be filed
with the Construction Board of Appeals by the 15th day after the receipt
by the person of notice of the ruling, action, order or notice complained
of.
B.
Appointments; term of office; removal.
(1)
Appointment of Fire Marshal. The Mayor shall appoint,
with advice and consent of Council, the Fire Marshal. The Fire Marshal
shall report to the Township Administrator in the course of day-to-day
responsibilities.
(2)
Inspectors and employees. Such inspectors and other
employees as may be necessary for the local enforcing agency to properly
carry out its responsibilities shall be appointed by the Mayor pursuant
to Title 11, Civil Service, of the Revised Statutes.[2]
[2]
Editor's Note: See now Title 11A, Civil Service.
(3)
Removal from office. The Fire Marshal, inspectors
and other employees of the enforcing agency shall be subject to removal
by the Township Administrator for inefficiency or misconduct. Each
inspector or employee to be so removed shall be afforded an opportunity
to be heard by the appointing authority or designated hearing officer,
pursuant to Title 11, Civil Service, of the Revised Statutes.
C.
Fire Marshal.
A.
Powers and duties of Chief of Police. The Chief of Police shall:
[Amended 3-21-2012 by Ord. No. 2012-003]
(1)
Be the executive head of the Division of Police (hereinafter referred
to as the "West Milford Police Department" or the "Department"), subject
to the direction and supervision of the Director of Public Safety,
and shall be responsible for the proper and efficient operation of
the Division and the supervision of its activities.
(2)
Formulate and administer such rules and regulations for the Division
of Police subject to the approval of the Council and Mayor.
(3)
Be responsible for the observation and enforcement of all laws of
the state and ordinances within the jurisdiction of the Police Department,
the enforcement of the rules and regulations of the Police Department,
and shall perform such other duties as shall be prescribed by ordinance
of the Township Council.
(4)
See that all persons connected with the Department are properly instructed
in their duties and shall give particular attention to the training
and instruction of new members thereof.
(5)
Have under his control all records and property of the Police Department
and designate any member of the Police Department to prepare these
reports and keep the records in such manner as he may prescribe, as
well as take charge of such property and any other property coming
into the custody of the Police Department.
(6)
Furnish to the Mayor and Council complete monthly and yearly reports
of police matters.
(7)
Perform such other duties as set forth in ordinances relating to
the Police Department, as hereinafter referred to, and not inconsistent
with the provisions of this chapter.
B.
Qualifications of police members. Each applicant for a position as
an officer or member of the Department of Police of the Township shall:
[Amended 12-5-2007 by Ord. No. 2007-030; 3-21-2012 by Ord. No.
2012-003]
(1)
Be a citizen of the United States, a resident of the State of New
Jersey, and live within such proximity of the Township as to fulfill
the requirement of being reasonably available for duty at all times.
(2)
Be more than 18 and less than 35 years of age.
(3)
Be sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police Retirement System of New Jersey and of the
New Jersey State Civil Service Commission, that such person is not
only eligible to membership in the retirement system, but also able
to meet the civil service requirements.
(4)
Be able to read, write and speak the English language well and intelligently.
(5)
Be of good moral character and must not have been convicted of any
crime involving moral turpitude.
(6)
In accordance with N.J.S.A. 52:17B-66 et al., serve a probationary
period pending his successful completion of a basic course for police
officers approved by the New Jersey Police Training Commission.
(7)
Fulfill such other qualifications as set forth in existing ordinances
relating to the West Milford Township Department of Police as hereinafter
referred to, and not inconsistent with the provisions of this chapter.
All applicants for the position of patrolman shall make written application
therefor to the Chief of Police and at the same time submit such proof
as shall be required with respect to the qualifications for such position,
both as listed above and in local ordinances.
C.
Powers and duties of members.
[Amended 3-21-2012 by Ord. No. 2012-003]
(1)
The rights, privileges, powers and duties of the members of the Department
of Police, including regular police officers, dispatchers, special
police officers, domestic violence response team members and such
nonuniformed personnel as may be appointed to this Department, shall
be those prescribed by the laws of the State of New Jersey, governing
municipal police departments generally, by the charter and ordinances
and resolutions of the Township of West Milford, and such rules and
regulations which may, from time to time, be established by the Mayor,
Chief of Police or the Council. Rules, regulations and policies as
set forth in ordinances relating to the Police Department, as hereinafter
referred to, and not inconsistent with the provisions of this Code,
are continued, but such rules, regulations and policies may be amended
or revised by the Mayor, Chief of Police or Council.
(2)
The Department through its Chief shall:
(a)
Preserve the public peace, protect life and property, prevent
crime, detect and arrest offenders against the penal laws and ordinances
effective within the Township, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages and preserve order at all
elections and public meetings and assemblages.
(b)
Administer and enforce laws and ordinances to regulate, direct,
control and restrict the movement of vehicular and pedestrian traffic,
and the use of the streets by vehicles and persons, to protect the
safety and facilitate the convenience of motorists and pedestrians,
and to make and enforce rules and regulations not inconsistent with
the ordinances of the Township for such purposes.
(c)
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Township, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and report thereon
to the appropriate department.
(d)
Respond to all fire alarms and assist the fire companies in
the protection of life and property, in regulating traffic, maintaining
order, and in enforcing observance of the fire prevention code. The
chief of the volunteer fire company at a fire may request the Mayor
or the officer in charge at the time of any emergency to provide police
assistance in emergencies.
(e)
Provide for the attendance of its members in court as necessary
for the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
(f)
Operate a training program to maintain and improve the police
efficiency of the members of the Department.
(g)
Perform such other duties as are recited in ordinances relating
to the Police Department, as hereinafter referred to, and not inconsistent
with the provisions of this chapter.
D.
Discipline. Under the supervision of the Township Administrator,
the Chief of Police shall promulgate, and from time to time, revise
and enforce a manual of police discipline, practices and procedures
for the better administration of the work of the Department, and for
the discipline and efficiency of the Department. Rules, regulations
and provisions as outlined in the ordinances relating to the West
Milford Township Police Department, as hereinafter referred to, and
not inconsistent with the provisions of this chapter, are continued
in full force and effect.
[Amended 12-5-2007 by Ord. No. 2007-03; 03-21-2012 by Ord. No.
2012-003]
E.
Suspension. The Chief of Police shall have the power to relieve from
duty any member of the Department for the violation of any provision
of this section or any rule governing the Department until such time
as complaint and charge against such member shall have been disposed
of by formal hearing in accordance with N.J.S.A. 40A:14-147, this
provision to be subject to the rules and regulations of the Civil
Service Commission. The Township Administrator or his/her designee
shall be the hearing officer in such hearings.
[Amended 12-5-2007 by Ord. No. 2007-03; 03-21-2012 by Ord. No.
2012-003]
F.
Division of Communications. Within the Department there shall be
a Division of Communications. The Chief of Police shall assign one
or more superior officers to this Division, who, under his direction
and that of the Mayor, shall be responsible for the police desk alarm
system, police radio, fire alarm system, and any and all other systems
of communication between the Department and other police departments,
fire departments, state, county and other local public safety units.
[Amended 03-21-2012 by Ord. No. 2012-003]
G.
Division of Special Policemen, Special Policewomen and Special Police
Matrons.
[Amended 03-21-2012 by Ord. No. 2012-003]
(1)
Appointment. Special police officers shall be appointed by the Council,
pursuant to this chapter, for a term of one year.
(2)
Qualifications.
(a)
No person shall be appointed a special police officer unless
they meet the following qualifications:
[1]
Is a resident of New Jersey during the term of appointment and
a resident of the Township of West Milford at the time of appointment.
[2]
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its 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 which
would make them unfit to perform the duties of their office.
[6]
Has successfully undergone the same psychological testing that
is required of all full-time police officers in the Township.
(b)
No person shall be appointed to serve as a special police officer
in the Township of West Milford and any other municipality at the
same time, nor shall any permanent, regularly appointed full-time
police officer of any municipality be appointed as a special police
officer. No public official with responsibility for setting law enforcement
policy or exercising authority over the budget of the local unit or
supervision of the Police Department of a local unit shall be appointed
as a special police officer.
(c)
Every applicant for the position of special officer appointed
pursuant to this chapter shall have fingerprints taken, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
(d)
No person shall commence serving as a special police officer
unless he has been certified by the Police Training Commission as
provided for in N.J.S.A. 40A:14-146.11.
(e)
Before any special police officer is appointed, the Chief of
Police or, in the absence of the Chief, other chief law enforcement
officers of the local unit shall ascertain the eligibility and qualifications
of the applicant and report these determinations in writing to the
Council.
(3)
Classification; powers. Persons appointed as special police officers
shall, upon appointment, be designated as either a Class One or Class
Two special police officer. The classifications shall be based upon
the following standards, and the appointees shall have the following
powers:
(a)
Class One. Officers of this class are authorized to perform
routine traffic detail, spectator control and similar duties as may
be assigned by the Chief of Police or, in the absence of the Chief,
another law enforcement officer in a supervisory capacity designated
by the Chief to act in his stead. Said Class One officers are also
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 firearms by said Class
One officers is strictly prohibited, and no Class One officer shall
be assigned any duties which may require the carrying or use of a
firearm.
(b)
Class Two. Officers of this class are herewith authorized to
exercise full powers and duties similar to those of a permanent regularly
appointed full-time police officer. They shall be assigned such powers
and duties by the Chief of Police or, in the absence of the Chief,
another law enforcement officer in a supervisory capacity designated
by the Chief to act in his stead. The use of a firearm by an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
Police Training Commission established within the Department of Law
and Public Safety of the State of New Jersey.
(4)
Carrying of firearms. The carrying of firearms by special police
shall be strictly governed by N.J.S.A. 40A:14-146.14b.
(5)
Work hours. No special police officer may work more than 20 hours
per week, except as provided as follows:
(a)
Without limitation as to hours during period of emergency.
(b)
A special police officer may be assigned for not more than 20
hours per week to provide public safety and law enforcement services
to a public entity, in addition to not more than 20 hours per week
performing the duties pursuant to this section.
(c)
For hours to be determined by the Chief of Police while assigned
to public safety duties for a private entity, pursuant to N.J.S.A.
40A:14-146.14b.
(6)
Number of officers. The number of special police employed by the
Township of West Milford shall not exceed:
(7)
Compliance with rules governing Police Department. All duly appointed
special police officers shall be subject to the rules and regulations
governing the Police Department.
(8)
Removal. The appointment of special police officers may be revoked
for cause after an adequate hearing. Nothing herein shall be construed
to require reappointment after the expiration of the term.
H.
Division of Detective Bureau. Within the Department of Police there
shall be a Division called the "Detective Bureau," which shall be
under the supervision of the Chief of Police. This Bureau shall consist
of such members of the Department as may from time to time be assigned
thereto by the Chief of Police. The duties and responsibilities of
the Detective Bureau shall be those assigned by the Chief.
[Amended 12-5-2007 by Ord. No. 2007-030; 3-21-2012 by Ord. No.
2012-003]
I.
Police ordinance. It is the intent that an ordinance
entitled "An Ordinance to Establish and to Provide Rules and Regulations
for the Government, Maintenance and Control of a Police Department
in the Township of West Milford, in the County of Passaic, New Jersey,"
adopted December 15, 1964, shall remain in full force and effect,
excepting, however, where any one or more provisions thereof might
conflict with provisions of this chapter, in which case the provisions
of this chapter shall prevail. Further, that where reference is made
to "Township Committee," same shall mean "Township Council"; and except
further that the position of Director of Public Safety mentioned therein
shall be deemed to have been abolished, any duties of such office
to be assigned to the Mayor. General law, the charter and local ordinance,
not repealed or amended, shall govern the Department.
J.
Composition of Police Department.
[Amended 12-5-2007 by Ord. No. 2007-030; 2-22-2012 by Ord. No. 2012-001; 3-21-2012 by Ord. No. 2012-003]
K.
Position of Police Chaplain established. Pursuant to N.J.S.A. 40A:14-141,
the position of Police Chaplain within the Township of West Milford
is hereby created and established, in additional to the composition
of the Police Department as otherwise reflected within this section.
The position of Police Chaplain shall be a volunteer position under
the supervision and authority of the Chief of Police of the Township
of West Milford Police Department. The position of Police Chaplain
and any supporting positions shall be subject to the specific terms
and conditions set forth within the West Milford Township Police Department
Policy and Procedure Manual.
[Added 10-19-2022 by Ord.
No. 2022-046]
(1)
Appointment. Police Chaplain applicants shall be recommended by the
Chief of Police, and appointed by the Mayor with the advice and consent
of the Township Council.
(2)
Qualifications.
(a)
All applications for the position of Police Chaplain shall be
reviewed by the Chief of Police to determine if the applicant's
qualifications are in accordance with this subsection, and upon determining
so, shall make recommendations to the Mayor and Township Council.
(b)
Any person appointed as Police Chaplain shall be duly ordained
clergy, in good standing in the religious body from which he/she is
selected. The appointee shall be a certified Police Chaplain credentialed
in accordance with the rules, regulations, policies and procedures
of the Township of West Milford and shall be qualified in accordance
with N.J.S.A. 40A:14-141.
(3)
Number of Police Chaplains; term of office. There may be up to four
Police Chaplains appointed at any given time, and in accordance with
the established procedures, eligibility and training standards as
set forth within the West Milford Township Police Department Policy
and Procedure Manual. The Chief of Police shall also appoint a Police
Chaplain liaison. A person appointed as Police Chaplain shall serve
in that capacity from the date of appointment and shall serve in that
capacity until he/she is either terminated or resigns from that position.
(4)
Duties. The duties of Police Chaplain are to assist the Township
of West Milford Police Department with any functions that may be assigned
by the Chief of Police that relate to the Police Chaplain program,
including, but not be limited to, partaking in community policing
initiatives, assisting crime victims/witnesses, assisting police officers
with death notifications, and conducting juvenile stationhouse adjustments.
(5)
Rank and salary. Any person appointed as Police Chaplain shall serve
in that capacity without rank or salary. The position shall be voluntary
under the direction and supervision of the Chief of Police.
[Amended 3-26-2008 by Ord. No. 2008-012]
A.
Emergency Management Council. An Emergency Management
Council, with powers and duties prescribed by general law, is hereby
created in the Township and, within the limits of appropriation, shall
establish an adequate organization to assist in supervising and coordinating
the civilian defense and disaster control activities of the Township.
The Council shall consist of no more than 15 persons, who shall be
appointed by and who shall serve at the pleasure of the Council. They
shall receive no compensation.
B.
Emergency Management Coordinator.
(1)
Appointment; term; compensation. A Municipal Emergency
Management Coordinator shall be appointed by the Mayor with the advice
and consent of the Council and serve as a member of the Emergency
Management Council and as its Chairman. The Emergency Management Coordinator
shall serve for a term of three years. The Emergency Management Coordinator
shall receive such compensation as provided by ordinance.
(2)
Qualifications. The Emergency Management Coordinator
shall be a resident of West Milford and shall have a minimum of two
years' experience in the planning, development and administration
of emergency response activities such as those provided by police,
fire, rescue, medical or emergency management units either in the
public or private sector or in the military service.
(3)
Training. As a condition of his appointment and his
right to continue for the full term of his appointment, each Emergency
Management Coordinator appointed shall have successfully completed
at the time of his appointment or within one year immediately following
his appointment the current approved Home Study Course and the basic
Emergency Management Workshop. The failure of any appointed Emergency
Management Coordinator to fulfill such requirement within the period
prescribed shall disqualify the Coordinator from continuing in the
office of Coordinator, and thereupon a vacancy in said office shall
be deemed to have been created.
C.
Deputy Emergency Management Coordinator. The Emergency
Management Coordinator may appoint a Deputy Emergency Management Coordinator
with the approval of the Mayor and the advice and consent of the Council.
The Deputy Coordinator shall be appointed from among the full-time
salaried employees or elected officials of the Township.
[Added 7-14-2021 by Ord. No. 2021-028]
Within the Department of Public Safety, there shall be a Division
of Animal Control, the head of which shall be the Animal Control Officer,
who shall be appointed by the Council, for a term of one year, commencing
with January 1 of the year in which such appointment is to be effective,
and until the Animal Control Officer’s successor is appointed
and qualified. The Animal Control Officer shall receive such compensation
as shall be provided by ordinance. This Division shall perform all
the duties and have such powers as provided by general law, charter
and code for animal control officers. The Animal Control Officer shall
act as the dog warden of the Township. This Division, in conjunction
with the Division of Health, shall cooperate in any program which
relates to animals, dogs and cats in accordance with general law,
ordinances, code and state regulations.
