[Adopted 5-17-2006 by Ord. No. 1871-06]
[Amended 6-6-2007 by Ord. No. 1902-07]
The Police Department, being a division of the Department of Public Safety, is established in and for the Borough of Hawthorne. The designated appropriate authority referred to in general laws governing municipal police departments and used in this chapter shall be the Mayor of the Borough of Hawthorne.
The Table of Organization of the Police Department of the Borough of Hawthorne shall be as follows:
A. 
Chief of Police.
B. 
Two Captains, one to be designated Captain of Patrol and one to be designated Captain of Operations.
C. 
Six Lieutenants, one to be designated and assigned as Lieutenant in the Detective Bureau.
[Amended 8-12-2020 by Ord. No. 2254-20; 3-17-2021 by Ord. No. 2269-21]
D. 
Six Sergeants.
[Amended 6-17-2009 by Ord. No. 1982-09; 8-16-2017 by Ord. No. 2193-17]
E. 
Such patrol officers as may be deemed necessary or appropriate for the conduct of an official law enforcement agency, but subject nevertheless to the availability of funds in the municipal budget.
F. 
Such other employees, including dispatchers, matrons, probationary officers and special police as may be deemed necessary or appropriate for the operation of the Police Department but subject nevertheless to the availability of funds in the municipal budget.
G. 
The authorized number of officers in each rank shall be increased from time to time so as to allow the appropriate authority, in his or her sole discretion, to permanently appoint or promote an officer to replace any Captain, Lieutenant or Sergeant no longer on active service due to approved and accepted terminal leave.
[Added 2-4-2015 by Ord. No. 2128-15]
A. 
The head of the Police Department shall be known as the "Chief of Police" and shall be directly responsible to the Mayor of the Borough of Hawthorne for the efficiency and routine day-to-day operations thereof and, in keeping with the provisions of New Jersey statutes, shall:
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel.
(2) 
Have, exercise and discharge the functions, powers and duties of the Department.
(3) 
Prescribe the duties and assignments of all subordinates and other personnel.
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the Department to be exercised under his direction and supervision.
B. 
In addition to other duties, the Chief of Police shall report, in writing, to the Mayor of the Borough of Hawthorne each month on all matters pertaining to the Department, giving a complete record of all arrests and complaints and making such recommendations as, in his or her opinion, will increase efficiency of the Department.
C. 
In the absence or disability of the Chief, his or her duties shall be assumed by the next officer in command in order of rank.
The Police Department shall:
A. 
Preserve the public peace.
B. 
Protect life and property.
C. 
Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Hawthorne.
D. 
Direct and control traffic.
E. 
Provide attendance and protection during emergencies.
F. 
Provide appearances in court.
G. 
Cooperate with all other law enforcement agencies.
H. 
Provide training for the efficiency of its members and officers.
No permanent member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than incapacity, misconduct or disobedience as provided in the New Jersey statutes and the Police Department rules and regulations. Such shall not apply to any workforce reduction instituted by the municipality.
The compensation of the members of the Department shall be determined as defined by contract as agreed upon by the Borough and the recognized bargaining agent of the members and officers of the Department, when engaged in actual duty on assignment of the Chief of Police.
The appropriate authority shall have the power to appoint such number of special law enforcement officers as provided in the New Jersey statutes, and all special law enforcement appointments shall be in accordance with the New Jersey statutes, each of whom shall be subject to assignment by the Chief of Police.
A. 
Appointments to, and promotions within, the Hawthorne Police Department shall be made by the Mayor of the Borough of Hawthorne, subject nevertheless to the availability of funds in the municipal budget.
B. 
Prior to making any appointment or promotion, the Mayor shall first file with the Clerk a notice of intention to make such appointment or promotion. The notice of intention shall be filed not less than 20 days prior to making the same and shall than be effective as of the signing and filing of the oath of office with the Borough Clerk.
C. 
In making such promotions within the Department, the Mayor shall not promote any member to a rank other than the rank immediately succeeding the rank then held by the member.
[Amended 6-17-2009 by Ord. No. 1982-09]
D. 
In the case of promotion from patrol officer to the rank of Sergeant, the Mayor shall make such promotion from the eight patrol officers having the most years of service or seniority. In the case of promotion to Lieutenant from Sergeant, or to Captain from Lieutenant, the Mayor shall consider as candidates all officers in the lower title. In making a decision on a promotion, the Mayor shall give due consideration to length and merit of service, and preference shall be given according to seniority in service. The Mayor shall also take into account, in no particular order: the recommendation of the Chief of Police; oral interviews with all candidates eligible for promotion; materials in the personnel files of the candidates; and any written materials presented by the candidates. At the time the Mayor shall file notice of an intention to make a promotion with the Clerk, as required in § 25-9B, the Mayor shall provide written notice to all eligible candidates for the promotion of his intention to make the promotion and the decision he has reached.
[Amended 6-17-2009 by Ord. No. 1982-09; 5-16-2012 by Ord. No. 2065-12; 2-15-2017 by Ord. No. 2173-17]
E. 
Within seven days of the date of the notice given to the eligible candidates by the Mayor in accordance with § 25-9D, any eligible candidate aggrieved by the decision may file a written letter of appeal of the Mayor’s decision. Said letter of appeal must contain the reasons or grounds for the appeal and must be submitted to the Mayor. The Mayor will assess the appeal and make a determination as to the merits of the appeal on a case-by-case basis. Appeals may address any aspect of the promotional process; however, documents utilized by the Mayor to evaluate any other candidate shall not be made available to the appellant. Only documents used to evaluate the appellant may be viewed by the appellant. If the Mayor determines that the appeal is valid and impacts upon the promotional decision made, the appellant may be permitted to be reevaluated. If, as a result of an appeal filed in accordance with this section, the Mayor comes to a different decision on the promotion, he shall notify all candidates in writing and provide a new written notice to the Clerk.
[Added 5-16-2012 by Ord. No. 2065-12]
Each person appointed to a permanent position of police officer shall serve a probationary period of one year (12 months), from the date of graduation from his/her assigned police academy, or from the date of his/her appointment if such person is not required to attend a police academy. During such probationary period, this person shall be known as "probationary police officer." Continuation of service is dependent upon the conduct of the appointee and the person's fitness to perform his/her duties.
Applications for appointment to the Police Department testing, guidelines, eligibility and review and selection of candidates shall be in accordance with rules and regulations recommended by the Chief and adopted by the Mayor. Rules and regulations establishing policy governing the conduct and operation of the Police Department and the discipline of its members may be adopted and promulgated by the Mayor.
A. 
Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Hawthorne Police Department and to authorize the outside employment of Borough police while off duty, the Borough hereby establishes a policy regarding the use of said officers.
(1) 
Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performances of regularly scheduled or emergency duty for the Borough.
(2) 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall first be granted if, in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.
B. 
Escrow accounts.
(1) 
Any person or entity requesting the services of an off-duty law enforcement officer in the Hawthorne Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Borough Treasurer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D hereof for the total estimated hours of service.
(2) 
Prior to the posting of any request for services of off-duty law enforcement officers, 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 specified in the request for services. The Chief of Police 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 Borough Treasurer. No officer shall provide any such services for more than are specified in the request for services.
(3) 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
(4) 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
(5) 
Notwithstanding the foregoing, in the event of an emergency and where the establishment of an escrow account is not feasible, off-duty police services may be provided hereunder. In such event, the person requesting such service shall remit payment within 24 hours after billing.
(6) 
Notwithstanding the foregoing, no escrow deposit shall be required for services to be provided to any locally based civic, religious or charitable organization for any event in furtherance of its civic, religious or charitable purposes.
C. 
Request for services. All requests to the Borough for the services of off-duty law enforcement officers in the Hawthorne Police Department for a period of one week or longer shall be forwarded to the Chief of Police for posting at least 10 days before such services are required. Any law enforcement officers, 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 law enforcement 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.
[Amended 2-15-2017 by Ord. No. 2173-17]
(1) 
Rates of compensation for contracting the services of off-duty law enforcement officers shall be as determined by the Council by resolution, which may be amended from time to time.
(a) 
Rate of compensation: as determined by the municipality.
(b) 
An additional fee of $8 per hour is hereby established to cover administrative costs, overhead, and out-of-pocket expenses of the Borough of Hawthorne.
(c) 
An additional fee of $15 per hour is hereby established to cover the cost of a police vehicle if so provided.
(2) 
The rates of compensation set forth herein, including administrative fee and vehicle costs, may be amended from time to time by resolution duly enacted by the Municipal Council of the Borough of Hawthorne.
(3) 
Notwithstanding anything contained herein to the contrary, it is agreed that the rate of compensation to be paid by the Hawthorne Board of Education utilizing the services of an off-duty law enforcement officer for athletic events sanctioned by the Board of Education shall be at a rate of $110 per event. Effective July 1, 2017, the rate shall increase to $120 per event. Thereafter, the rate may be amended by resolution duly enacted by the Municipal Council of the Borough of Hawthorne. The rate for administrative costs and vehicle use shall be as set forth elsewhere herein.
(4) 
Notwithstanding anything contained herein to the contrary, it is agreed that the rate of compensation to be paid by the Hawthorne Board of Education utilizing the services of an off-duty law enforcement officer in Hawthorne Public Schools shall be at a rate of $25 per hour. The rate may be amended from time to time by resolution duly adopted by the Municipal Council. The administrative cost and vehicle use cost set forth elsewhere herein shall not apply to such contracted work.
[Added 4-18-2018 by Ord. No. 2210-18]
(5) 
Notwithstanding anything contained herein to the contrary, the Borough of Hawthorne may elect to utilize a secondary service provider to administer and perform the actions permitted above relative to the off-duty employment process. These actions include but are not limited to communication pertaining to the scheduling of off-duty "jobs," scheduling officers for assignment to said jobs, invoicing persons or entities utilizing off-duty police officers, receiving escrow funds or payment for services rendered by the officers, and facilitating payment to officers. The secondary service provider may charge such additional fees as are authorized by any contract between it and the Borough and the provider may undertake collection actions in a manner consistent with the contract between the parties.
[Added 11-6-2024 by Ord. No. 2351-24]
[Added 7-10-2019 by Ord. No. 2236-19]
A. 
Applicability. This section applies to criminal history background checks of employees and volunteers involved with programs involving minors.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BOROUGH-SPONSORED PROGRAMS
Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property, and/or are covered under the Borough's insurance.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name, date of birth, social security number and/or fingerprints with those on file with the Federal Bureau of Investigation, New Jersey State Police and any agency deemed necessary by the contracted entity appointed by the Borough of Hawthorne to obtain criminal history background information.
CRIMINAL HISTORY RECORD INFORMATION
Information collected by criminal justice agencies concerning persons and stored in the computerized databases of New Jersey courts and/or law enforcement agencies or other states' computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments or other formal criminal charges, and any dispositions arising therefrom, including convictions, dismissals, correctional supervisions and release.
DEPARTMENT
The Borough of Hawthorne Police Department.
NONCRIMINAL JUSTICE PURPOSE
Any purpose, other than administration of criminal justice or a criminal justice purpose, including employment and licensing, for which applicant fingerprints or name search requests are submitted by authorized requesters, as required or permitted by a federal or state statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this article, to any law enforcement agency or other states' computerized repositories for the dissemination of criminal history record information.
NONPROFIT YOUTH SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established pursuant to Title 15 of the New Jersey Revised Statutes, Title 15A of the New Jersey Revised Statutes, or other law of this state, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age and is exempt from federal income taxes.
C. 
Requests for criminal background checks.
(1) 
The Borough requires that all employees and volunteers of a nonprofit youth serving organization, including employees or volunteers of Borough-sponsored youth serving programs, request through the Department that the contracted entity conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. The same shall not apply to referees, game officials or similarly employed persons. A criminal history record background check at the same level performed by the same third-party independent agency contracted by the Borough within one year of the date of application to serve as an employee or volunteer of a nonprofit youth serving organization shall be accepted by the Borough as a valid criminal history record background check. In the event a nonprofit youth serving organization can demonstrate the implementation of a criminal history background check program equal to or more stringent than the program implemented by the third-party independent agency contracted by the Borough, the Borough Administrator may, in his discretion, grant a waiver from the requirements of this section.
(2) 
The Borough shall facilitate a criminal history record background check only upon receipt of the written consent from the prospective or current employee or volunteer.
D. 
Conditions for disqualification from service.
(1) 
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization or employee or volunteer in a Borough-sponsored youth serving program if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(a) 
In New Jersey, any crime or disorderly persons offense:
[1] 
N.J.S.A. 2C:11, homicide: all offenses.
[2] 
N.J.S.A. 2C:12, aggravated assault; endangering; threats: all offenses.
[3] 
N.J.S.A. 2c:13, kidnapping: all offenses.
[4] 
N.J.S.A. 2C:14, sexual offenses: all offenses.
[5] 
N.J.S.A. 2C:15, robbery: all offenses.
[6] 
N.J.S.A. 2C:24, offenses against the family, children and incompetents: all offenses.
[7] 
N.J.S.A. 2C:35, controlled dangerous substances: all offenses except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10.
(b) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection D(1)(a).
(c) 
In New Jersey or other jurisdiction, a third-offense conviction of driving while intoxicated under N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50(a), or equivalent statute in other jurisdiction, or a first and second offense conviction within five years from the date of application.
(2) 
For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a nonprofit youth serving organization and/or the employee or volunteer involved with Borough-sponsored programs involving minors, the Borough shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record.
(3) 
The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough of Hawthorne. In the event the contracted entity does not perform such service, the determination shall be made by the Chief of Police or his designee. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Administrator that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection H.
E. 
Submission and exchange of background information.
(1) 
Prospective or current employees and volunteers of nonprofit youth serving organizations and/or employees and volunteers of Borough-sponsored programs involving minors shall submit their names, addresses, fingerprints, if so required by the contracted entity, and other information required by said entity, as well as written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the designated contracted entity, which shall coordinate the background check. Thereafter, all subsequent background checks shall be submitted to the designated contracted entity every three years after the date of the initial check.
(2) 
The contracted entity shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this article.
(3) 
The Borough may, in its discretion, engage the services of a qualified entity to conduct the criminal history record background checks authorized under this article.
(4) 
The failure or refusal by any individual to consent to such criminal history background check shall be grounds for disqualification of such individual. In addition, the failure of any youth serving organization to adhere to all requirements of this section or rules promulgated thereunder may result in action against such organization by the Borough of Hawthorne or the Hawthorne Board of Recreation, including, but not limited to, suspension of any use of Borough facilities.
F. 
Limitations on access and use.
(1) 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel in the nonprofit youth serving organization and/or the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, or local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this article.
(2) 
Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purposes for which it was given, and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purposes. Any person violating federal or state regulations governing access to criminal history record information may be be subject to criminal and/or civil penalties.
G. 
Challenge to accuracy of report. If this criminal history record may disqualify an applicant or existing employee or volunteer for any purpose, the Borough shall provide the disqualified person with an opportunity to challenge the accuracy of the information contained in the criminal history record. The disqualified personal shall be afforded a reasonable period of time to challenge and correct this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
H. 
Appeal process.
(1) 
Criminal background check appeal process. If the criminal background check disqualifies an employee or volunteer or denies the challenge concerning the accuracy of a criminal history report, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Borough of Hawthorne no later than 20 days after receiving the determination from the Borough Administrator. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.
(2) 
Criminal Background Check Appeal Panel. In order to monitor and supervise the enforcement of this article by the Borough Administrator, the Borough of Hawthorne hereby creates a Criminal Background Check Appeal Panel, which shall consist of three members: the Chief of Police, Borough Administrator and Borough Attorney.
(3) 
Powers of the appeal panel. The Criminal Background Check Appeal Panel is granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this article, including but not limited to holding hearings and adjudicating appeals by employees and volunteers dissatisfied with the determination of the criminal background check concerning the disqualification of the employee or volunteer and/or the accuracy of the criminal history record.