[HISTORY: Adopted by the Borough Council
of the Borough of Haledon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-8-1982 by Ord. No. 11-10-82C (Ch. 47 of the 1984 Code)]
[Amended 12-27-2007 by Ord. No. 11-29-2007; 11-10-2011 by Ord. No. 10-20-2011A; 3-11-2015 by Ord. No.
2-11-2015A; 5-12-2016 by Ord. No. 4-14-2016; 6-9-2022 by Ord. No. 5-12-2022A]
A. The Police Department, as heretofore established, is hereby continued. Said Department shall be structured in accordance with a Table of Organization as provided in §
48-1C. Members of the Department shall be appointed by the governing body of the Borough of Haledon and shall receive such salaries as may from time to time be provided.
B. Members of the Haledon Police Department as presently constituted
are hereby continued in their respective offices or positions at the
salaries established by the governing body, and nothing contained
in this chapter shall be construed as affecting the status, rank,
tenure or any rights heretofore acquired by any member of the existing
department.
C. Table of Organization.
(1) The following Table of Organization is established for the Police
Department and the positions are hereby created:
[Amended 8-10-2023 by Ord. No. 7-13-2023B]
(h)
Special police officers: 22.
(2) The designation of positions in the Table of Organization is not
intended to require the appointment of persons to fill all of the
created positions.
(3) The governing body may, from time to time, appoint persons to acting
positions for any position other than patrol officers created under
the terms of this chapter, pending an official appointment by the
governing body to appoint the person to the particular position.
(4) Police officers, in any rank as listed above in §
48-1C(1), may be assigned by the Chief of Police from time to time as Detectives. The assignment of personnel to this duty shall be in the sole discretion of the Chief as deemed necessary for the efficient operation of the Police Department, subject to budget limitations. At no point shall the number of Detectives exceed a total of six officers assigned.
[Added 8-10-2023 by Ord. No. 7-13-2023B]
D. No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey Statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
[Amended 11-10-2011 by Ord. No. 10-20-2011A]
The 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 Haledon; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers. (N.J.S.A. 40A:14-152)
[Added 2-20-2002 by Ord. No. 1-16-02D, amended 10-20-2004 by Ord. No. 9-15-2004; 8-9-2005 by Ord. No. 6-29-2005; 2-16-2006 by Ord. No. 1-18-2006A; 6-19-2008 by Ord. No. 5-29-2008A; 11-10-2011 by Ord. No. 10-20-2011A]
Every person appointed to the Police Department, before entering
upon the performance of his duty, 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 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 respective office, which oath or
affirmation shall be filed with the Municipal Clerk.
[Amended 11-10-2011 by Ord. No. 10-20-2011A]
The Borough of Haledon Public Safety Committee shall be designated
as the appropriate authority as provided in the New Jersey Statutes.
The appropriate authority shall be responsible for the overall performance
of the Police Department. The appropriate authority shall adopt and
promulgate rules and regulations for the government of the Police
Department and for the discipline of its members. (N.J.S.A. 40A:14-118)
[Amended 11-10-2011 by Ord. No. 10-20-2011A]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the appropriate authority for
its efficiency and day-to-day operations. Pursuant to policies established
by the appropriate authority, the Chief of Police shall:
A. Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the department and its members and officers;
B. Have, exercise and discharge the functions, powers and duties of
the Police Department;
C. Prescribe the duties and assignments of all members and officers;
D. Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control; and
E. Report at least monthly to the appropriate authority 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 appropriate authority. (N.J.S.A. 40A:14-118).
A. The Mayor, with advice and consent of the governing
body of the Borough of Haledon, may appoint special police officers,
crossing guards and parking violations officers whose terms shall
expire at the end of the calendar year in which they are appointed
and may revoke such appointments without cause or hearing. They shall
not be members of the Police Department, and their powers, rights
and duties shall immediately cease at the expiration of the term for
which they were appointed or upon revocation of their appointment.
[Amended 9-14-1994 by Ord. No. 8-10-94A]
B. When so required, special policemen shall perform
general police duty on an hourly, daily or other basis while regular
members of the public force are on vacation or are absent from duty
by reason of illness or some other cause or whenever, in the judgment
of the governing body or Department Head, the services of such persons
shall be required.
C. Each such special policeman may be furnished with
a badge. A fee, to be fixed by resolution of the governing body of
the Borough of Haledon, may be charged for issuance to any such policeman
of a certificate of appointment.
D. When so required, a parking violations officer shall
perform his/her duty on an hourly, daily or other basis under the
supervision of the Chief of Police and such other persons as may be
designated for the period of time said services shall be required.
[Added 9-14-1994 by Ord. No. 8-10-94A]
E. Whenever the governing body of the Borough of Haledon
shall employ persons to perform police duty temporarily in case of
emergency or for parts of years where their services are not needed
throughout the entire year, their services may be terminated at the
expiration of the need for such temporary employment.
F. No person shall be appointed as such a special policeman
unless he is a citizen of the United States, able to read, write and
speak the English language, physically qualified and of good moral
character and shall not have been convicted of any crime. No such
special policeman shall carry a revolver or other weapon when off-duty.
Every such special policeman shall be fingerprinted and his fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation. No individual may become a special policeman until
he has qualified in the use of the official Police Department weapons
and until he has met whatever qualifications may from time to time
be established by the governing body.
G. Every such special policeman shall be under the supervision
and direction of the Department Head.
H. Before any such appointment is made as a special police
officer, crossing guard or parking violations officer, the Department
Head/Chief of Police shall ascertain whether the applicant for the
appointment is eligible and qualified as provided herein and a report
shall be made to the governing body of the Borough of Haledon.
[Amended 9-14-1994 by Ord. No. 8-10-94A]
No person who shall serve as special policeman,
temporary policeman or school guard or who shall perform any duties
of a police nature prior to appointment as a regular member of the
Haledon Police Department shall be entitled to credit for any such
period of duties or services rendered either with or without pay relative
to any tenure or promotion requirements in the Police Department.
A. Each full-time member of the police force of the Borough
of Haledon as presently constituted shall be a member of the Police
Department.
B. Except as otherwise provided by law, no person shall
be appointed as a member of the Police Department force unless he
or she is:
(1) More than or over 21 years of age at the time of his
or her appointment.
[Amended 7-11-1990 by Ord. No. 6-13-90]
(2) A citizen of the United States.
(3) A resident of the State of New Jersey.
(4) Sound in body and of good health sufficient to satisfy
the Board of Trustees of the Police and Firemen's Retirement System
of New Jersey as to his or her eligibility for membership in the retirement
system.
(5) Able to read, write and speak the English language
well and intelligently.
(6) Of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
C. Except as otherwise provided herein, each candidate
for appointment to the Police Department shall be and is required:
(1) To submit a physician's certificate certifying that
such applicant is physically fit to perform his or her appropriate
duties as a police officer.
(2) To submit to such written examination as may be prescribed
by the Police Committee, which written examination shall be prepared
and conducted at such times and places and by such persons as the
Police Committee may, from time to time, designate for that purpose.
D. A candidate may be appointed to the Police Department
without the necessity of submitting to any written examination if
such candidate is presently serving as a full-time police officer
with any other municipal, county or state police department or law
enforcement agency.
E. A candidate may be appointed to the Police Department
without the necessity of submitting to any written examination where
such candidate has served as a special police officer for the Borough
of Haledon for a minimum of two continuous years immediately prior
to his or her appointment to the regular police force or Department.
F. All appointments to and promotions within said Department
shall be made only with special reference to the fitness of the person
for the position to which he or she seeks to be appointed or promoted.
G. No member of the Police Department shall be eligible
for promotion until he shall have served three years as a regular
police officer.
H. The aforesaid written examination shall, where more
than one candidate applies for appointment at the same time, be competitive
as between said applicants, and appointments shall be made from among
those who successfully passed said written examination. Where appointments
to the Police Department are made based on a competitive written examination,
selection shall be made from the three highest scoring candidates
willing to accept appointment for each vacancy to be filled or for
each police officer to be hired.
I. Each applicant for appointment as aforesaid shall
be required to present to the examining authorities satisfactory proof
of his or her age, and if at the time of his or her appointment he
or she has passed his 35th birthday, he or she shall be ineligible
for appointment to the said Police Department. Naturalized citizens
of the United States of America who make application for appointment
shall submit with their application legal documentary evidence of
their citizenship.
J. Each candidate to be selected as aforesaid shall be
designated a probationer and shall be required to serve for a probationary
period of six months next succeeding his designation. His probationary
period of six months may be extended by the Mayor and Council, upon
recommendation of the Chief of Police that such action is for the
good of the service, for an additional six months. Upon the expiration
of said probationary period, said probationer may be appointed to
the position of patrolman. During the time of such probationary service,
the probationer shall be under the direct supervision of the Chief
of Police. Said probationer will comply strictly with all of the terms
and conditions of the rules and regulations of the Department, and
all probationers shall attend any available certified police academy,
as designated by the Chief of Police of the Borough of Haledon or
the Mayor and Council of the Borough of Haledon, for their police
training. During said probationary term, prior to receiving training
at a police academy so designated, no probationer shall be issued
nor shall carry any firearms.
[Amended 5-13-1987 by Ord. No. 4-8-87]
K. Every member of the Police Department, before entering
upon the performance of his 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 office, which
oath or affirmation shall be filed with the Borough Clerk.
Upon permanent appointment to the Department,
all time served by any member during a probationary period shall be
considered as service with the Department and shall be applied toward
any required tenure and promotion period.
A. The detailed rules and instructions for the members
of the Haledon Police Department are those contained in the Manual
of the Police Department of the Borough of Haledon, Passaic County,
New Jersey, as established by the governing body of the Borough of
Haledon, which manual is hereby adopted and approved. The rules and
regulations contained therein may be changed, eliminated or added
to with the approval of the governing body, from time to time, as
necessity requires.
B. Copies of the rules and regulations contained in said
manual and all proposed amendments thereof and supplements thereto
hereafter proposed to be made shall be filed in the office of the
Borough Clerk and at police headquarters at least 15 days prior to
any intended adoption in order that all members of the Police Department
may be fully informed of the same.
The members of the Police Department of the
Borough of Haledon shall severally hold their respective offices and
continue in their respective employment during good behavior and efficiency.
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, whose duty it shall
be to examine any member of the Police Department at the request of
the Department Head and to examine any report to the Department Head
on all cases of sickness or disability of any member of the Police
Department when such member claims exemption from duty. No member
of the Police Department shall be relieved from the performance of
duty because of sickness or disability except upon the certification
of the Police Surgeon to the effect that such member is physically
unable to perform his duties. It shall also be the duty of the Police
Surgeon to examine candidates for appointment to the Police Department
as to their physical fitness to perform the duties of a police officer,
and the Police Surgeon shall also perform such other duties as may
be assigned to him from time to time by the Mayor and Council. No
certification of the Police Surgeon with respect to physical ability
of a member of the Department to perform his duties shall be required
unless specifically requested either by the Police Chief or the Police
Commissioner.
A. When any member of the Haledon Police Department has
entered or hereafter shall enter the active military or naval service
of the United States or of this state in time of war or an emergency
or for or during any period of training or pursuant to or in connection
with the operation of any system of selective service, or has entered
or hereafter in time of war shall enter the active service of the
United States Merchant Marine or any similar organization authorized
by the United States to serve with the Army or Navy, he shall be granted
leave of absence for the period of such service and for a further
period of three months after receiving his discharge from such service.
If any such person shall be incapacitated by wound or sickness at
the time of his discharge from such service, his leave of absence
shall be extended until three months after his recovery from such
wound or sickness or until the expiration of two years from the date
of his discharge from such service, whichever shall first occur.
B. In no case shall such person be discharged or separated
from his office, position or employment during such period of leave
of absence because of his entry into such service. During the period
of such leave of absence, such person shall be entitled to all rights,
privileges and benefits that he would have had or acquired if he had
actually served in such office, position or employment during such
period of said leave of absence, except the right to compensation.
Such person shall be entitled to resume the office, position or employment
held by him at the time of his entrance into such service, provided
he shall apply therefor before the expiration of his said leave of
absence. Upon resumption of his office, position or employment, the
services in such office, position or employment of the person temporarily
filling the same shall immediately cease.
C. If any person shall be appointed temporarily a member
of the Police Department of the Borough of Haledon to fill any vacancy,
the governing body thereof shall certify how such vacancy occurs or
exists and the name of the person, if any, who held such office or
position immediately prior to the vacancy.
D. No person who, after entry into such service, shall
have been separated from such service by a discharge of lesser degree
than honorable discharge, shall be entitled to any of the rights,
privileges or benefits herein conferred.
A. Causes for disciplinary action; complaints.
[Amended 6-13-1984 by Ord. No. 5-9-84F; 5-9-1990 by Ord. No. 4-11-90D]
(1) Except as otherwise provided by law, no permanent
member or officer of the Police Department or force shall be removed
from his office, employment or position for political reasons or for
any cause other than incapacity, misconduct or disobedience of rules
and regulations established for the government of the Police Department
and force, nor shall such member or officer be suspended, removed,
fined or reduced in rank from or in office, employment or position
therein, except for just cause as hereinbefore provided and then only
upon a written complaint setting forth the charge or charges against
such member or officer. Said complaint shall be filed in the office
of the body, officer or officers having charge of the Department or
force wherein the complaint is made and a copy shall be served upon
the member or officer so charged with notice of a designated hearing
thereon by the proper authorities, which shall be not less than 10
nor more than 30 days from the date of service of the complaint.
(2) A complaint charging a violation of the internal rules
and regulations established for the conduct of a law enforcement unit
shall be filed no later than the 45th day after the date upon which
the person filing the complaint obtained sufficient information to
file the matter upon which the complaint is based. The forty-five-day
time limit shall not apply if an investigation of a law enforcement
officer for a violation of the internal rules or regulations of the
law enforcement unit is included directly or indirectly within a concurrent
investigation of that officer for a violation of the criminal laws
of this state. The forty-five-day limit shall begin on the day after
the disposition of the criminal investigation. The forty-five-day
requirement of this subsection for the filing of a complaint against
an officer shall not apply to a filing of a complaint by a private
individual.
(3) A failure to comply with said provisions as to the
service of the complaint and the time in which a complaint is to be
filed shall require a dismissal of the complaint.
B. Suspension pending trial. If any officer of or employee
in the Police Department of the Borough of Haledon shall be suspended
pending trial on charges, such trial shall be commenced within 30
days after service of the copy thereof upon him; otherwise, the charges
shall be dismissed and the officer or employee returned to duty.
C. Appeals. Any member of the Police Department of the
Borough of Haledon who has been convicted of any violation of any
of the rules or regulations of such Department by the governing body
of the Borough of Haledon may appeal such conviction in the manner
provided by law.
When the governing body of the Borough of Haledon
shall, for reasons of economy, find it necessary to decrease the number
of members of or employees in the Police Department of any grade or
rank thereof in such Borough, it shall proceed in the following manner:
A. If the governing body shall determine to decrease
the number in any of the higher ranks or grades of the Police Department,
it shall demote such member or employee or members or employees of
such higher rank or ranks to the next rank below. It shall not remove
any such member or employee from such Department for reasons of economy
except as hereinafter provided, and in any such demotion from the
higher rank or grade, the member or employee to be demoted shall be
the last one so appointed to such higher rank or grade. All dismissals
or removals from the Department for reasons of economy shall be made
from the last person or persons appointed to the Department, regardless
of the rank of such person at the time of decreasing the number of
employees.
B. If any officer, employee or member of said Police
Department shall be demoted to a lower rank or grade for reasons of
economy, such member or employee shall be carried on a special list,
and when promotions are made to such higher rank or grade, the person
demoted on the ground of economy shall be the first to be restored
to the rank from which he was demoted.
C. If any member of or employee in the Police Department
of the Borough of Haledon has been, since January 1, 1981, demoted
or removed on the ground of economy and for no other reason, in the
case of new appointments to said Department, the person so demoted
or removed on the ground of economy shall be the first to be reinstated
to such Department and to the rank from which he was removed, if such
rank is retained in said Department, and in the order of his seniority
of service when of equal rank.
A. Whenever an award shall be made to a member of the
Haledon Police Department by a duly constituted governmental or voluntary
agency for heroic or meritorious service, a record shall be made and
kept of such award by the Department Head or other person in command
of the Department of which the recipient of the award may be a member,
and such record shall constitute a part of the service record of such
recipient. Whenever the wearing of a bar or similar indication of
the making and receipt of an award of the nature herein described
is authorized by the awarding authority, such bar may be worn by the
recipient of the award upon his official uniform, upon the left breast
thereof, above the wearer's official police badge.
B. No person other than the recipient of an award as
described in the preceding subsection hereof shall wear any symbol
or indication of the receipt of such award nor copy or imitate such
symbol or indication; provided, however, that nothing in this subsection
contained shall be deemed to apply to recipients of posthumous awards
of the character referred to in the preceding subsection.
A member of the Police Department shall not
engage in any business or occupation outside of his normal police
duties and responsibilities unless he has first secured written permission
upon application to the Department Head and committee of the governing
body responsible for public safety, which shall in each individual
case determine whether such outside business or occupation will tend
to divert the attention of such member of the Department from normal
police service or handicap him or render him unfit to perform the
duties required of him in said Department.
Members of the Police Department shall give
particular attention at all times to and make prompt report of any
unsanitary or unsafe conditions existing in the Borough, any street
or sidewalk obstruction, any unlighted streetlights in the night and
any other unusual or suspicious circumstances, and, in general, exert
themselves to discover and prevent any violations of the laws of the
State of New Jersey or the ordinances of the Borough of Haledon and
to promptly apprehend all violators thereof. During night patrol they
shall examine doors and check the windows of vacant houses and of
all stores to see that they are properly secured.
No member of the Haledon Police Department shall
engage in electioneering or participate in any political campaign
or other proceeding of a political or party nature or shall in any
manner interfere with any election in said Borough or be present at
the polls at any election, except for the purpose of voting, unless
detailed to be present there for the purpose of preserving peace and
good order.
Members of the Police Department shall report
for duty at headquarters in person at the beginning and completion
of each tour of duty, at which times they shall be in full uniform
and properly equipped and shall be fit for duty.
Any member of the Police Department desiring
to bring any matter pertaining to the business of the Department or
to his personal relationship with the Department to the attention
of any member of the governing body shall first obtain permission
from the Department Head. If such permission is refused, such member
may make a written application to the governing body requesting a
hearing and stating his objection.
A. Any request for police attendance at a private gathering
from which the general public is excluded, whether by ticket or invitation,
shall be made to the Department Head.
B. The Department Head, at his discretion, may assign
members of the Police Department not on regular duty and who may volunteer
for such service to perform police duty at private affairs. While
on said special duty, the members of the Department so assigned shall
be under the supervision and control of the Department Head and shall
be subject to the provisions of this chapter.
C. The Department Head shall report to the Borough Clerk
the names of the officers assigned to such special duty and the amount
of time they spend thereon and the name and address of the person
or organization requesting their services; and the Borough Clerk will
bill such person or organization and compensate the officers so assigned
at the hourly rate provided by the Borough Council.
All books, records, reports, correspondence
and documents of any kind pertaining to the work of the Police Department
shall be neatly and correctly written and preserved. No erasures in
or alterations of any record, report or statement will be permitted.
If an error is made in the preparation of the same or is subsequently
discovered, it is to be corrected by drawing a pen neatly through
the error and substituting the correction. The person making such
correction shall attest the same by signing his name and affixing
the date in the margin of the record or document opposite such correction.
A. No member of the Haledon Police Department or force
shall absent himself from duty without the permission of the Department
Head.
B. Any member of the Police Department of the Borough
of Haledon who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence shall,
at the expiration of such five days, cease to be a member of such
Department.
No member of the Haledon Police Department shall
leave the Borough while on duty unless properly dispatched by radio
or with the express permission of a superior. At no time may all members
of the duty shift be absent from the Borough. No member shall at any
time leave the Borough or the municipality where he resides for more
than 12 hours without notifying the Department Head or officer in
charge at police headquarters.
A. No member of the Police Department shall absent himself
from duty by reason of sickness or injury unless he shall report the
same to the Department Head or other officer in charge of the Department
promptly (before his next tour of duty, if possible, and in any event
within 24 hours). Unless expressly exempted by the Department Head,
such absent member shall also:
(1) Furnish to the Department Head a physician's statement
each week during the period of his disability, giving the cause and
nature of the illness or injury and the progress thereof and his opinion
as to the unfitness of the absentee to perform his duties.
(2) Report to active duty after such illness or injury
where the services of a physician were required, only after first
presenting to the Department Head a final physician's statement indicating
that he is again fit for active duty.
B. The governing body reserves the right to require a
medical examination at any time during disability, at the expense
of the Borough.
The Department Head shall keep accurate records
of the absences of every employee in the Department and furnish a
list thereof to the Borough Clerk prior to the fifth day of the ensuing
month, the same to be placed with his personnel file.
The Department Head, whenever in his opinion
the public service requires it, may detail any of the members of said
Department to any special or particular duty connected with the police
service of the Borough, and for such purposes may send such member
or members outside the Borough limits, together with any police car
or equipment required in the performance of such special or particular
public police service.
A. Every member of the Haledon Police Department, while
on duty, except when otherwise directed by the officer in charge,
must be in uniform and be equipped in conformity with the standards
fixed for the Department. Members of the Department shall be required
to keep equipment in good condition and uniforms clean and in good
appearance.
B. The necessary uniforms and equipment for the performance
of police duty will be furnished by the Borough of Haledon, and the
Department Head shall keep an accurate record of the distribution
and use thereof. Lost or damaged equipment must be immediately reported
to the Department Head.
C. If the Department Head is of the opinion that the
loss or damage was due to willfulness or negligence, he shall report
the matter to the governing body, which shall decide whether or not
the value of such property shall be paid by the person responsible
for the loss of such equipment or the damage thereto.
No police cars, motorcycles or other police
equipment shall be used for other than police duties, nor shall they
leave or be taken from the Borough except under instructions from
the Department Head. No unauthorized person shall be permitted in
any police vehicle.
A. Examinations when conditions warrant.
(1) Every member of the Haledon Police Department must
maintain himself in proper physical condition and good appearance
at all times.
(2) The governing body of the Borough of Haledon or the
Department Head may require any member of the Police Department to
be examined by a physician to be approved by said governing body when,
in the opinion of said governing body or Department Head, or when
such member gives evidence that, he is unable to preform properly
the duties of his position. Nothing herein contained shall prevent
such a member from submitting supplemental evidence of his condition,
to be supplied by a physician of his own selection, in addition to
that required by the governing body or Department Head as above mentioned.
(3) Recommendations of the physician so selected for corrective
measures of physical deficiencies interfering with the duties of a
member of the Haledon Police Department shall be followed by such
member, subject to approval of the member's personal physician. Failure
to follow such recommendations shall subject such member to medical
discharge or dismissal.
B. Periodic physical examinations. Every member of the
Haledon Police Department shall be required to have at least one physical
examination every two years by a licensed physician approved by the
governing body. Such examination shall be conducted at such time as
the Department Head may designate and shall be at the expense of the
municipality. A full record of such physical examinations shall be
filed with the Borough Clerk.
A. Any member of the Police Department of the Borough
of Haledon shall be subject to reprimand, suspension from duty without
pay, reduction in rank or dismissal, according to the nature or aggravation
of the offense, for any of the following causes or for the violation
of any other rules and regulations governing the police force:
(1) Intoxication or consumption of intoxicants while on
duty.
(2) Willful disobedience of orders.
(3) Indecent or profane or harsh language.
(4) Disrespect to superior officers.
(5) Unnecessary violence to prisoner.
(6) Absence without leave, sleeping on duty, absence from
post of duty without excuse or for not properly patrolling his beat.
(7) Garnishee proceedings against his pay for nonpayment
of debts. Every member of the Police Department is expected to pay
promptly his just financial obligations in such manner that there
may be no adverse reflection therefrom on his standing as a member
of the Department or any inconvenience to the Borough of Haledon.
(8) Gross ignorance of the law or the regulations of the
Department.
(9) Violation of any criminal law.
(10)
Making known any proposed action or movement
of the Department or the contents of any order or other information
of a confidential nature other than to persons concerned with the
proper enforcement of the law or to whom the same may be directed.
(11)
Conduct unbecoming an officer.
(12)
Conduct subversive to good order and the discipline
of the force.
(13)
Publicly commenting adversely on the official
action of a superior officer.
(14)
Failure to report a known violation of any law
of this state or ordinance of the Borough.
(15)
Neglect or shirking of duty or failure to take
proper action to prevent a violation of the law, or failure to use
due diligence to apprehend any person or persons committing any violation
thereof in his presence or when properly charged therewith.
(16)
Accepting a bribe or favor as a consideration
either for the performance of nonperformance of his duty.
(17)
Visiting any gambling house, poolroom or any
other place of amusement or any saloon or liquor store while in uniform
or on duty, except on police business.
(18)
Failure to attend a school of instruction or
a drill at the time fixed or whenever ordered.
(19)
False representations in application for appointment
to the Police Department.
(20)
Soliciting anyone to intercede with the Department
Head or the governing body relative to promotions, change of beats,
disposition of pending charges or any findings of a trial before the
governing body.
(21)
Engaging in any act or assisting in the performance
thereof whereby the good order or discipline of the Police Department
is prejudiced.
(22)
Abuse of Police Department property.
(23)
Reporting for duty in unfit condition.
B. No member of the Police Department of the Borough
of Haledon shall have in his possession at police headquarters or
on his person while on duty or in uniform any intoxicating liquor
or narcotics. No member of the Haledon Police Department shall, while
on duty or in uniform, drink any intoxicating liquor or ingest any
narcotics. No member of the Department shall report for duty while
to any degree affected by the drinking of alcoholic beverages or with
the odor of alcohol on his breath. No member of the Department shall
report for duty after taking, or take in any form while on duty, any
medicine or drugs which might in any way be detrimental to performance
of his duties, without the express permission of the Department Head.
In this respect members are required to learn from their physicians
the nature of any medicine prescribed for them.
Any member of the Department who shall report
for duty in an unfit condition or while on duty shall become physically
unfit, believed to be due to the use of intoxicants, drugs or narcotics,
shall immediately be reported by his superior officer to the Department
Head and shall be examined immediately by a reputable physician.
No loafing or lounging shall be permitted at
police headquarters, and the same shall not be used as a gathering
place for social activities. Use of the police headquarters shall
be restricted to departmental purposes, the enforcement of law and
order and for the convenience of persons required to be present in
connection with police matters. No visiting will be permitted with
officers and patrolmen while on duty at headquarters.
It shall be the duty of the members of the Haledon
Police Department to serve and execute all process issuing out of
the Municipal Court of the Borough of Haledon. Such members shall
have all the powers of constables elected in the municipality, except
the service of civil process out of the courts other than the Municipal
Court of the Borough of Haledon.
[Added 11-8-1989 by Ord. No. 10-11-89]
A. The rules and regulations of the Borough of Haledon
Police Department are hereby adopted as part of this chapter of the
Code of the Borough of Haledon as if set forth at length herein and
any changes that are made from time to time.
B. All members of the Borough of Haledon Police Department
shall be given a copy of the rules and regulations upon commencing
service with the Borough of Haledon, and all shall adhere to the rules
and regulations during the time of service in the Borough of Haledon.
C. In the event that there is a breach of the rules and regulations by any member of the Borough of Haledon Police Department, disciplinary action may be taken pursuant to §
48-32 of the Code of the Borough of Haledon and such other applicable laws.
[Added 3-11-2015 by Ord.
No. 2-11-2015B]
A. Policy on contracted off-duty, outside employment by Borough of Haledon
police officers.
(1)
Policy and purpose. Members of the Police Department shall be
permitted to accept employment as safety or security personnel for
private businesses, contractors, other public entities and quasi-public
sector organizations during off-duty hours, and at such times as will
not interfere with the efficient performance of regularly scheduled
or emergency duty for the Borough. The Borough's needs for said police
officers shall always take priority over scheduled off-duty work for
a private employer.
(2)
Authorization to employ off-duty police officers. Any person
or entity wishing to employ off-duty police officers shall first obtain
the approval of the Chief of Police or his designee. The Chief of
Police or his designee shall withhold approval if the off-duty services
to be performed are inconsistent with the efficient operation and
professionalism of the Police Department; and/or unreasonably endangers
or threatens the safety of the officer or officers who perform the
work.
(3)
Upon approval of the off-duty services, the person or entity
shall execute a written agreement with the Borough, which agreement
is acceptable to the governing body. Such agreement shall be executed
prior to the commencement of service by any member of the Police Department.
B. Payment of funds to Borough.
(1)
Advanced payment of moneys. No member of the Police Department
will perform any off-duty work prior to the payment of the full amount
of compensation to the Borough of Haledon by a private business, contractor,
public or other quasi-public entity employer. Such fee shall include
the flat rate administrative service fee adopted in the Borough's
current Salary Ordinance, as well as the cost established by the Borough for the
use of a police vehicle(s).
(2)
Payment to officers. The Borough shall remit to the member of
the Police Department performing such service a portion of said hourly
rate. The balance of moneys received shall be retained by the Borough
for administrative expenses, all in accordance with the Borough's
current Salary Ordinance.
(3)
Escrow accounts.
(a)
Except as described below, any person or private business, contractor,
public entity or quasi-public entity requesting the services of an
off-duty police officer shall estimate the number of hours required
for the performance of off-duty law enforcement services. This estimate
shall be approved in writing by the Chief of Police or his designee.
(b)
Upon approval, the Chief of Police or his designee shall notify
the Finance Department. The Chief Financial Officer will then establish
an escrow account in the name of the private, public or quasi-public
entity requesting off-duty police services. Said entity shall then
be responsible to immediately deposit an amount sufficient to underwrite
the Borough's off-duty services rates and administrative fees as set
forth in the Borough's current Salary Ordinance.
(c)
If the amount required to be deposited with the Borough pursuant to Subsection
B(3)(a) above exceeds $5,000, an escrow deposit of $5,000 shall be required. Said twenty-thousand-dollar deposit shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $5,000, and then such lesser amount shall be required to be maintained.
(d)
Prior to posting any request for off-duty services, the Chief
of Police or his designee shall verify that the balance in the escrow
account of the person or entity requesting services is sufficient
to cover the compensation and fees for the number of hours and vehicles
specified in the service request. The Chief of Police or his designee
shall not post a request for services from any person or entity unless
all fees and compensation required in the manner described above have
been deposited with the Chief Financial Officer. No officer shall
provide any such services for more hours than are specified in the
request for services.
(e)
In the event that funds in any escrow account are depleted,
the services of off-duty police officers shall cease. Requests for
further or future services by a private business, contractor, public
or quasi-public entity shall not be performed or posted by the Police
Department until additional funds have been deposited in the escrow
account in the manner prescribed above.
(f)
The person or entity requesting off-duty police officer services
shall be responsible for ensuring that sufficient funds remain in
the escrow account in order to avoid any interruption of services.
C. Requests for services. All requests to the Borough for the services
of off-duty police officers shall be forwarded to the Chief of Police
or his designee for posting as soon as possible before such services
are required. Any police officer, when so employed by the Borough,
shall be treated as an employee of the Borough; provided, however,
that wages earned for outside employment shall not be applied toward
the pension benefits of police officers so employed, nor shall hours
worked for outside employment be considered in any way compensable
as overtime.
D. Rates of compensation; administrative fee; payment for services.
(1)
The rate of compensation to be paid by private businesses, contractors,
and public or quasi-public entities contracting with the Borough for
the employment of police officers in the performance of off-duty services
shall be as follows:
(a)
Police officer rate: $70 per hour.
(b)
Vehicle rate: $17 per hour.
(c)
Borough administrative fee: $8 per hour.
(2)
In addition, private business, contractors, and public (other
than the Borough of Haledon) or quasi-public entities shall comply
with the following:
(a)
Payment of a four-hour minimum of the rate shown in the current
Salary Ordinance for all jobs not canceled at least three hours prior to
the scheduled start of the off-duty services job;
(b)
Full payment for the hours scheduled for an off-duty police
officer once a job commences; and
(c)
Any hours worked by an off-duty police officer beyond eight
hours will be compensated at 1 1/2 the rate as shown in the Borough's
current Salary Ordinance.
(3)
There shall be a four-hour minimum for all work performed.
[Adopted 5-18-2005 by Ord. No. 5-4-2005;
amended in its entirety 8-6-2009 by Ord. No. 7-16-2009]
A. If a vacancy exists in the ranks of Sergeant, Lieutenant, Captain,
Deputy Chief or Chief of Police within the Haledon Police Department,
the Borough Council may resolve to direct the Police Promotion Review
Committee to convene for the purpose of identifying the vacant position
and initiating the promotional procedures contained herein.
B. Nothing herein shall be interpreted to mandate the filling of a vacancy
except when the governing body resolves to fill such vacancy. Nothing
herein shall prohibit the governing body from abolishing any position
at any time.
C. Appointment to any position within the Haledon Police Department
shall be made by the governing body in accordance with N.J.S.A. 40A:60-1
et seq.
A. The Police Promotion Review Committee (the "Committee") shall be
comprised of three members appointed by the Mayor upon advice and
consent of the Borough Council.
B. The purpose of the Committee is to coordinate the necessary components
of the promotion process and to evaluate candidates for promotion.
The Committee's role is purely advisory and shall not be binding upon
the governing body for any purpose.
C. Upon being directed by the Borough Council, the Committee shall identify
the vacant position to be filled and cause the advertisement of the
governing body's intention to fill said vacancy. The advertisement
shall be made in accordance with applicable law.
D. The Committee shall evaluate candidates based upon the following:
(1) Personal profile. Each candidate shall prepare and provide to the
Chief of Police a typed personal profile of himself/herself. The personal
profile shall include, at a minimum, the candidate's career objective,
educational achievements (including but not limited to academic, law-enforcement-related,
management, instructor and military-related training), past and current
responsibilities within the Police Department, commendations, any
and all disciplinary actions taken against the candidate (including
the results of each action), volunteer work performed within the Borough
of Haledon and record of sick days used in the past five years. The
candidate may include any additional information at his or her choosing.
Each candidate is responsible for obtaining and ensuring the accuracy
of all required information included in his or her personal profile.
The Committee may require a candidate to provide additional verification
of information included in his or her personal profile. The personal
profile must be submitted to the Borough Administrator at least 14
days prior to the date of the candidate's oral interview. The Borough
Administrator shall coordinate the delivery of the personal profile
to the other members of the Committee. A candidate may be rejected
for a deficiency in his or her personal profile.
(2) Personnel file. The Chief of Police shall provide each member of
the Police Promotion Committee a copy of each candidate's complete
personnel file. Each candidate shall sign a waiver form authorizing
the Committee and the governing body to review his or her personnel
file during the promotional process in executive session.
(3) Oral interview.
(a)
The Committee shall examine each candidate in the following
areas during the oral interview:
[1]
Any aspect of the personal profile and personnel file.
[2]
Knowledge of the community.
[5]
Knowledge of applicable laws, regulations, policies and procedures
relevant to law enforcement.
(b)
Upon completion of the review, each candidate shall be given
a numerical score. The numerical score shall be derived from each
area of the oral interview based upon a scale of zero to 100. Each
area is worth a maximum of 20 points.
(4) Upon completion of the oral interview, the Committee shall cause
to be prepared a statement for each candidate which reflects the candidate's
scores for each applicable component of the promotional procedure
for submittal to the governing body.
A. The Chief of Police shall be asked to make recommendations for each
candidate for promotion. If the Chief is not serving in good standing,
is suspended or on a leave of absence, then the Chief's recommendation
shall be omitted from the promotional process. When the promotional
process is conducted without the Chiefs recommendation, the Police
Promotion Review Committee portion shall be weighted 45% and training
and education weighted 35% of each candidate's overall score.
B. The Chief shall consider the following performance-related areas
for each candidate:
(2) Compliance with rules and regulations of the Haledon Police Department.
(3) Professional judgment exercised by the candidate.
(4) Ability to supervise personnel and give directions and orders.
(8) Attendance and use of sick time.
(10)
Overall quality of performance.
C. Upon completion of the Chief's review, each candidate shall be given
a numerical score. The numerical score shall be derived from each
area of the review based upon a scale of zero to 100. Each area is
worth a maximum of 10 points.
The Chief of Police shall forward to the Police Review Committee,
the Borough time in service of each applicant prior to the oral interview.
A numerical score for each candidate shall be determined by giving
the candidate with the longest time in service with the Borough a
score of 100 and all other candidates a numerical score equal to the
percentage, rounded to the nearest whole number, of his/her time in
service in comparison to the candidate with the longest time in service.
A. Each candidate is responsible for advising the Police Promotion Committee
of his or her training and/or education which is to be included in
the personal profile. The Committee shall specifically review the
following areas:
(1) Law enforcement training.
B. Each candidate shall be given a numerical score. The numerical score
shall be derived from each area of the review based upon a scale of
zero to 100. Each area is worth a maximum of 20 points.
Each candidate is responsible for advising the Police Promotion
Committee of his or her volunteer work performed in the Borough of
Haledon which is to be included in the personal profile. This information
shall include the name of the organization, contact person, dates
of involvement and capacity of involvement. Each candidate shall be
given a numerical score of zero to 100.
A. The Police Promotion Committee may require candidates to submit to
a physical and/or psychological examination performed by a medical
professional designated by the Committee. The purpose of such examination
is to assess the candidate's fitness to perform the duties of the
position. If the Committee chooses to require a candidate to submit
to a physical or psychological examination prior to consideration,
each candidate for that same position shall also be required to submit
to such examination(s). The results of any physical or psychological
examination(s) shall be considered by the Committee as a part of the
candidate's personnel file.
B. The Police Promotion Committee may require that a successful candidate's
appointment be conditional pending a physical and/or psychological
examination by a medical professional designated by the Committee.
Each candidate shall execute a consent form for the medical professional
to transmit the medical report to the Committee and the governing
body for consideration in executive session. A candidate shall be
provided the opportunity to oppose a negative report.
[Amended 4-17-2014 by Ord. No. 3-20-2014; 3-11-2015 by Ord. No. 2-11-2015; 6-9-2022 by Ord. No. 5-12-2022A]
A. The promotional review process for the ranks of Corporal, Sergeant,
Lieutenant, Captain and Deputy Chief shall consist of the following
components, with the weight of each component noted accordingly:
(1) Police Promotion Review Committee oral interview evaluation: 40%.
(3) Chief of Police recommendation: 10%.
(4) Time in service with the Haledon Police Department: 15%.
(5) Volunteer work performed in the Borough of Haledon: 5%.
B. Corporal.
(1) In order to be eligible for appointment to the rank of Corporal,
a candidate must have:
(a)
A minimum of three years in the Haledon Police Department; or
(b)
At least one year in the Haledon Police Department and a total
of at least three years of police service, which shall include service
in other police departments located in the State of New Jersey, and/or
active United States military service.
(2) Candidates with 60 credits towards a degree from an accredited college/university
are preferred.
C. Sergeant.
(1) In order to be eligible for appointment to the rank of Sergeant,
a candidate must have attained the rank of Corporal and have:
(a)
A minimum of five years in the Haledon Police Department; or
(b)
At least one year in the Haledon Police Department and a total
of at least five years of police service, which shall include service
in other police departments located in the State of New Jersey, and/or
active United States military service.
(2) Candidates with 60 credits towards a degree from an accredited college/university
are preferred.
D. Lieutenant.
(1) In order to be eligible for appointment to the rank of Lieutenant,
a candidate must have attained the rank of Sergeant and have:
(a)
A minimum of eight years in the Haledon Police Department; or
(b)
At least one year in the Haledon Police Department and a total
of at least eight years of police service, which shall include service
in other police departments located in the State of New Jersey, and/or
active United States military service.
(2) Candidates with a bachelor's degree or equivalent from an accredited
college/university are preferred.
(3) If, after two years in the rank of Lieutenant, the candidate possesses
30 credits toward a degree from an accredited college/university and
a total of at least three years in a supervisory position, the governing
body may resolve to accept the candidate's years of service as
a substitute for the associate's degree requirement.
E. Captain.
(1) In order to be eligible for appointment to the rank of Captain, a
candidate must have attained the rank of Lieutenant and have:
(a)
A minimum of 10 years in the Haledon Police Department; or
(b)
At least one year in the Haledon Police Department and a total
of at least 10 years of police service, which shall include service
in other police departments located in the State of New Jersey, and/or
active United States military service.
(2) Candidates with a bachelor's degree or equivalent from an accredited
college/university are preferred.
(3) If, after two years in the rank of Captain, the candidate possesses
30 credits toward a degree from an accredited college/university and
a total of at least three years in a supervisory position, the governing
body may resolve to accept the candidate's years of service as
a substitute for the bachelor's degree requirement.
F. Deputy Chief.
(1) In order to be eligible for appointment to the rank of Deputy Chief,
a candidate must have held a supervisory rank in the Haledon Police
Department for at least one year and have:
(a)
A minimum of 12 years in the Haledon Police Department; or
(b)
At least one year in the Haledon Police Department and a total
of at least 12 years of police service, which shall include service
in other police departments located in the State of New Jersey, and/or
active United States military service.
(2) Candidates with a bachelor's degree or equivalent from an accredited
college/university are preferred.
(3) If, after two years in the rank of Deputy Chief, the candidate possesses
30 credits toward a degree from an accredited college/university and
a total of at least three years in a supervisory position, the governing
body may resolve to accept the candidate's years of service as
a substitute for the bachelor's degree requirement.
G. Probation period.
(1) All appointments to the ranks of Corporal, Sergeant, Lieutenant,
Captain and Deputy Chief are made based upon an initial two-year probation
period. During the probation period, any officer appointed who does
not have the necessary education credits shall provide the Chief of
Police with copies of transcripts on a quarterly basis showing successful
progress toward obtaining the necessary credits.
(2) Should a candidate not obtain the necessary education requirements
or not otherwise meet the expectations of the governing body at the
conclusion of the probation period, that candidate will be returned
to his or her former position and his or her pay will be reduced accordingly.
A. The promotional review process for the rank of Chief shall consist
of the following components, with the weight of each component noted
accordingly:
(1) Police Promotion Review Committee oral interview evaluation: 45%.
(2) Time in service with the Haledon Police Department: 25%.
(4) Volunteer work performed in the Borough of Haledon: 5%.
B. In order to be eligible for appointment to the rank of Chief, a candidate
must have a minimum of 12 years in the Haledon Police Department,
with at least one of those years in a supervisory position.
C. Candidates with a bachelor's degree or equivalent from an accredited
college/university are preferred.
[Amended 3-11-2015 by Ord. No. 2-11-2015]
D. If, after two years in the rank of Chief, the candidate possesses
30 credits toward a degree from an accredited college/university and
a total of at least three years in a supervisory position, the governing
body may resolve to accept the candidate's years of service as a substitute
for the bachelor's degree requirement.
E. There shall be a one-year probationary period that shall apply to
the promotion to the rank of Chief of Police. The governing body may
resolve at any time during the probationary period to rescind the
appointment and return the candidate to his or her former position
and reduce his or her pay accordingly.
F. The scores derived from the promotional process shall remain valid
for a period of one year. At the end of the one-year period, the governing
body shall return the candidate's personnel file and any other materials
reviewed by the Committee and/or the governing body for the purposes
of promotion.