[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
Article I Establishment; Rules and Regulations
Article II Contracted Off-Duty Employment
[Adopted 5-13-1970 as Sec. 2-12 of the 1970 Revised General Ordinances (Ch. 81, Art. I, of the 1992 Code); amended in its entirety 10-22-2015 by Ord. No. 2015-12]
There is hereby created in and for the Borough of Wallington a Police Department which shall consist of one Chief of Police, two Captains, four Lieutenants, five Sergeants and no more than 18 officers as shall be deemed necessary by the Mayor and Council who shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions together with their compensation. In addition, the Police Department may employ clerical personnel and other employees to assist its officers in preserving the peace and good order in the Borough.
[Amended 10-27-2016 by Ord. No. 2016-18]
NOTE: Be it ordained by the Mayor and Council of the Borough of Wallington that the Borough Code § 81-1, Article I, Police Department Rules and Regulations, is hereby amended to include the Wallington Police Department Rules and Regulations which were adopted by the Mayor and Council in 2015 and are currently on file with the official copy of such Rules and Regulations in the possession of the Borough Clerk/Borough Administrator; Chief of Police; and distributed to all Police Officers.
[Added 12-17-2015 by Ord. No. 2015-16]
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of the State of New Jersey and the ordinances of the Borough of Wallington; 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.
The Mayor and Council of the Borough of Wallington shall be considered to be the appropriate authority, as provided in the New Jersey statutes.
The Mayor and Council shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the governance of the Police Department and for the discipline of its members.
The Chief of Police shall be directly responsible to the Mayor and Council for the efficiency and day-to-day operation of the Police Department.
Pursuant to policies established by the Mayor and Council, or at their direction, the Chief of Police shall:
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.
Have, exercise and discharge the functions, powers and duties of the Police Department.
Prescribe the duties and assignments of all members and officers.
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department.
Report at least monthly to the appropriate authority, or its designee, 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.
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 or candidate for promotion within the Police Department shall successfully complete a physical, mental and/or psychological examination.
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey statutes and administrative regulations and the Police Department's rules and regulations.
All appointments to the Police Department shall be made by the Mayor, with the advice and consent of the Council, from a certified list prepared by the New Jersey State Civil Service Commission following competitive examination and with special reference to the fitness of the person so appointed; provided, however, that those desiring to be appointed shall be required to submit to such examination as may be required by the New Jersey State Civil Service Commission.
A member of the Police Department, whether an officer or patrolman, prior to his appointment as such, shall be a citizen of the United States and a resident of the Borough of Wallington for two years next preceding his appointment. In addition, he shall be sound in body, of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that such person is eligible to membership in the retirement system; able to read, write and speak the English language well and intelligently and of good moral character. No person shall be appointed who has been convicted of any crime constituting an indictable offense or who has been convicted of any crime or offense involving moral turpitude. No person shall be appointed a member of the Police Department who is less than 21 or more than 35 years of age at the time of his appointment.
A medical exam will be conducted on all candidates prior to appointment, but after being given a conditional offer of employment, to certify the general health of each candidate.
A psychological fitness examination of each candidate for a sworn position will be conducted by a qualified professional prior to appointment, but after being given a conditional offer of employment.
Prior to initial appointment, and after a conditional offer of employment has been issued, the candidate(s) for such appointments shall undergo a medical and psychological examination, the results of which shall be considered by the governing body in the making of the appointment.
No officer shall be appointed to the rank of Lieutenant of the Police Department of the Borough of Wallington unless he or she shall first have served at the rank of Sergeant.
No police officer shall take a test for or be appointed to the position of Sergeant unless he or she has served as a police officer for a period of four years.
Each person hereafter appointed to the Police Department shall be known as a "probationary patrolman" and shall serve as such for a period of one year from the date of his appointment. Each person appointed or promoted to the position of Sergeant, Lieutenant, Captain or Chief of Police shall serve a probationary period in such capacity for a period of one year from the date of his appointment or promotion. At the termination of the probationary period and provided that the candidate or person promoted satisfactorily meets all the requirements of the position to which he has been appointed or promoted for the probationary period, the appointment or promotion shall be final.
Special law enforcement officers may be appointed in the Borough of Wallington in accordance with the provisions of this section and the laws of the State of New Jersey.
Classes of special law enforcement officers; use of firearms.
There shall be one class of special law enforcement officer. This class is authorized to perform routine traffic detail, spectator control and similar duties and shall have the power to issue summonses for the disorderly persons and petty disorderly offenses and violations of the Revised Statutes of the State of New Jersey and the ordinances of the Borough of Wallington.
The use of firearms by an officer of this class is expressly strictly prohibited. No officer shall be assigned duties which require or may require the carrying or use of a firearm.
Appointments. The appointment of Special Law Enforcement Officers shall be made by the Mayor, with the advice and consent of the Council of the Borough of Wallington. There may be appointed such number of special law enforcement officers as may be required.
Term. The term of appointment of a special law enforcement officer shall be one year; provided, however, that the appointment may be revoked by the governing body for cause after hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing, pursuant to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed to require reappointment of any special law enforcement officer upon the expiration of the term. The special law enforcement officers appointed hereunder shall not be members of the police force of the borough. Their powers and duties as determined pursuant to this section and New Jersey statutes shall cease at the expiration of the term for which the special law enforcement officer was appointed.
Qualifications. No person may be appointed as a special law enforcement officer unless the person:
Is a resident of the Borough of Wallington at the time of the appointment and remains so during the term of the appointment. If there is no resident, qualified applicant, then the person shall be a resident of the State of New Jersey residing in a community within a reasonable distance from the Borough of Wallington. "Reasonable distance" is defined, for the purposes of this subsection, as a distance which is no more than a fifteen-minute drive to the Borough of Wallington under normal driving conditions.
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
Is of sound body and of good health.
Is of good moral character.
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office and to represent the Borough.
Has successfully undergone the same psychological and medical testing that is required of all full-time police officers of the Borough.
Shall have had fingerprints taken, which shall be filed with the Division of State Police and Federal Bureau of Investigation.
Is not serving as a special law enforcement officer of any other municipality or a regularly appointed full-time police officer of any local unit or a public official, with responsibility for selecting law enforcement policy or exercising authority over the budget of the Borough or supervision of the Police Department of the borough.
Written application. Every applicant for appointment as a special law enforcement officer shall submit a written application, verified under oath, setting forth his qualifications for the position and other data in the form and manner as hereafter may be prescribed by the governing body.
Approval by Chief of Police. Prior to appointment of a special law enforcement officer pursuant hereto, the Chief of Police of the Borough shall ascertain whether the applicant is legally eligible and qualified and shall file his written report as to eligibility and qualification with the Council, prior to the effective date of the appointment.
Weapons. No special law enforcement officer may carry or be authorized to carry or use a firearm.
Hours of employment. Special law enforcement officers may be employed to serve for no more than the number of hours prescribed in the Special Law Enforcement Officers' Act.
Use of term "special police." The term "special police" used anywhere in the Code of the Borough of Wallington shall mean "special law enforcement officer" as provided for in this section.
Uniform. A reasonable charge shall be made to the special law enforcement officer for the uniform supplied. The special law enforcement officer shall be responsible for the care and maintenance of the uniform and all other equipment issued him, if any, and shall return the same at the termination of his or her appointment. An insignia indicating the officer's status as a special law enforcement officer and type of certification issued pursuant to Subsection B hereof shall be worn with the uniform.
The Mayor shall, at the reorganization meeting of the Council in January of each year, appoint one Councilman to serve as Chairman of the Police Committee of the Council, and who shall be known as the "Police Commissioner" or "Chairman of the Police Committee."
Discipline of employees and police officers will be imposed consistent with New Jersey State statutes and the Rules and Regulations of the Wallington Police Department. Employees may be subject to discipline for violating laws, statutes, ordinances, rules and regulations and written directives.
In addition to all other compensation as may be provided members of the Police Department of the Borough of Wallington, each member of the Police Department shall be entitled to an annual allowance for the purchase of uniforms or the maintenance or replacement in accordance with the current collective bargaining agreement.
Said allowance shall be paid on an annual basis on December 15 of each calendar year.
[Adopted 1-22-2004 by Ord. No. 2004-01]
For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Borough of Wallington Police Department and to authorize the outside employment of the Borough Police while off duty, the Borough hereby establishes a policy regarding the use of said officers.
Members of the Police Department shall be permitted to accept police-related employment for private employers only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty of the Borough.
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police/Police Director or officer in charge, which approval shall be granted if, in the opinion of the Chief/Police Director or officer in charge, 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 officers who are to perform the work.
Any person or entity requesting the services of an off-duty law enforcement officer in the Borough of Wallington 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/Police Director or officer in charge, and shall establish an escrow account with the Borough Clerk/Payroll Department of the Borough by depositing the amount sufficient to cover the rate of compensation and administrative fees set forth in this article for the total estimated hours of service.
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police/Police Director 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/Police Director or officer in charge 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 of Wallington. No officer shall provide any such service for more hours than are specified in the request for services.
In the event the funds in such an escrow account should become depleted, the 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.
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.
All requests to the Borough for the services of off-duty enforcement officers in the Borough of Wallington Police Department shall be forwarded to the Chief of Police/Police Director or officer in charge for posting before such services are required. Any law enforcement officers, when employed by the Borough of Wallington, shall be treated as an employee of the Borough; provided, however, that wages earned 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.
[Amended 10-23-2008 by Ord. No. 2008-10]
Rates of compensation for contracting the services of an off-duty law enforcement officer is amended as follows:
The following rate schedules shall apply to any individual and/or business entity which falls within that class:
Class A. All Class "A" individuals and/or business entities shall pay a charge of $27 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
Class B. All Class "B" individuals and/or business entities shall pay a charge of $41 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
Class C. All Class "C" individuals and/or business entities shall pay a charge of $70 per hour. Of that amount, a fee of $5 per hour shall be retained by the Borough of Wallington to cover administrative costs, overhead and out-of-pocket expenses.
Wallington Board of Education. With respect to the Wallington Board of Education, the rate of compensation shall be $50 per hour.
Borough vehicle. If a police car owned by the Borough of Wallington is used, the Borough shall receive $50 per hour.
At the time that any person or entity requests the services of an off-duty law enforcement officer, the Police Director or officer in charge/Chief of Police shall determine which class that person or entity falls within and shall charge the appropriate fee.
Payment of off-duty law enforcement officers for outside employment shall be made through the Borough's payroll process.