Borough of Franklin Lakes, NJ Police Department

Position established. There is hereby established the administrative position of Director of Public Safety.

Method of appointment. The Director of Public Safety may be appointed pursuant to the provisions of N.J.S.A. 40A:9-1.1 by the Mayor with the advice and consent of the Borough Council.

Term of appointment. The Director of Public Safety shall serve for a term at the pleasure of the Borough Council.

Qualifications of appointee. The person appointed to the position of Director of Public Safety shall be qualified by training and experience for the duties of the position. The person shall not be appointed unless he or she meets the following minimum qualifications, unless said qualifications are waived by affirmative vote of at least 2/3 of the entire Council.

(a)

A bachelor's degree from an accredited college or university in public safety administration, police science or a related field.

(b)

A minimum of 10 years' experience as a member of a police department or other law enforcement agency, five years of which shall have been in a supervisory and administrative capacity.

Powers. Under the general direction of the Borough Council and Borough Administrator, the Director of Public Safety shall have control over the Police Department in such manner as may be consistent with all applicable statutes, ordinances and regulations. The Director of Public Safety shall be responsible for the administration, regulation and discipline of the Police Department. All officers and patrolmen of the Police Department shall perform their duties subject to the supervision and control of the Director of Public Safety.

Duties. The duties of the Director of Public Safety shall include but not be limited to the following:

(a)

The Director of Public Safety shall have full control over the Police Department and see to the proper enforcement of the rules and regulations adopted by the Borough Council, State of New Jersey and Federal Government. The Director of Public Safety shall report to the Borough Administrator and/or Council from time to time on such matters as may be required, the Director of Public Safety shall provide the Administrator and Borough Council with recommendations related to conditions of the Department and its improvements and needs. The Director of Public Safety shall perform such other matters in connection therewith as may be prescribed by the Borough Administrator or Council; shall provide rules for application to become members of the police force; shall examine all applicants for positions on the police force and recommend for positions on the police force such persons as the Director may deem proper from time to time; shall prefer charges against and in his or her discretion, pending a final hearing on the charges, suspend any officer or member of the force and otherwise exercise control over all subordinates, subject to law; and may employ special police in emergencies and discharge them at the expiration thereof.

(b)

To keep abreast of the public safety requirements of the Borough and formulate policies, plans and procedures responsive to determined needs.

(c)

To develop organization, manpower and resource recommendations and upon approval of same by the Borough Council, effect their implementation.

(d)

To establish performance criteria for the Police Department as a whole as well as its individual members and conduct periodic evaluations to assure compliance with those criteria.

(e)

To establish and maintain relations with school, civil and private organizations to assure a full understanding of the public safety effort.

(f)

To conduct public relations and public information programs on behalf of the Police Department in order to maintain the required relationship between the Police Department and the citizens of the Borough.

(g)

To promote a close liaison with the various agencies of the Borough, and to attend all meetings of the Borough Council when necessary, to better coordinate the functioning of the Police Department with the work of all municipal agencies.

(h)

To regularly review the ordinances of the Borough dealing with public safety to assure their propriety with the prevailing public safety needs of the Borough.

(i)

To annually prepare a budget request for the Police Department and administer same.

(j)

To plan and implement an ongoing program of training and education, subject to the approval of the Borough Council for all members of the Police Department, so that they will be fully apprised of current developments in law enforcement.

(k)

To take an active part in any land use proposals or studies which are or might be conducted for the Borough Council so that adequate consideration is given to the present and future needs of the Police Department as well as to facilities and programs incidental to the functioning of the department and the implementation of a program of preventive law.

(l)

To otherwise function in an executive capacity in evaluating, planning, organizing, and directing the Police Department of the Borough.

Chief of Police. The Chief of Police, if appointed by the Mayor and Council, shall, pursuant to policies established by the Council, have the powers and duties as provided by law in N.J.S.A. 40A:14-118 and shall have those further duties promulgated by the Public Safety Committee with the approval of the Mayor and Council.

[Amended 9-19-2017 by Ord. No. 1725]

§ 89-5 Qualifications for employment; application fee.

[Amended 5-20-2014 by Ord. No. 1595]

No person shall be employed as an officer or member of the Police Department, and no person shall be employed as a police matron, school crossing guard, dispatcher or other employee working with the Police Department, unless such person is a citizen of the United States and a resident of the State of New Jersey at the time of appointment to the Police Department and continues to be a resident of the State of New Jersey while serving in a position in the Police Department.

Potential new police officer hires who are granted an interview shall be required to submit an application fee of $50.

§ 89-6 Compensation.

The compensation of all members of the Department shall be determined by the Mayor and Council.

§ 89-7 Oath of office; signing police register.

Every member of the Police Department, before entering upon the performance of his duties, shall take and subscribe to an oath or affirmation faithfully and impartially to discharge the duties of his office, and shall file such oath or affirmation with the Borough Clerk and shall sign the police register.

§ 89-8 Duties of members.

[Amended by Ord. No. 1105]

The members of the Police Department shall be responsible for the proper enforcement of all ordinances of the Borough of Franklin Lakes and all laws of the State of New Jersey. They shall have the power to arrest with or without warrant as permitted by law, any person committing a breach of the peace or violating any law of this state or ordinance of the Borough. Each member shall promptly execute all warrants and papers as are required of him or her to be served within the limits of the Borough or elsewhere when so directed by the Director of Public Safety or the Chief of Police. Each member shall patrol the streets of the Borough at such time and on such routes and perform such other duties and services, as may be assigned to him or her by the Chief of Police or Public Safety Director.

§ 89-9 Conduct of members.

Every member of the Police Department, whether on duty or not, shall be courteous in his dealings with the public and maintain a vigilant watchfulness over the safety and welfare of all persons and property within the limits of the Borough.

No more force than is required by the exigencies of the particular case shall be used by a member of the Police Department in enforcing the law.

Every member of the Police Department, when on duty:

Shall refrain from drinking any alcoholic beverages.

Shall not enter any public or private house except in the discharge of his official duties.

All members of the Department must be punctual in attendance, prompt in obedience of orders and conform to the rules and regulations of the Department. They shall not use violent, coarse or insolent language or display improper behavior to a superior officer or other person.

Every member of the Police Department, when on duty in uniform, shall wear his shield of office on the outside of his outermost garment over the left breast.

No member shall accept from any person while in custody or after he shall have been discharged, nor from any friend of such person, any gratuity or gift, directly or indirectly.

§ 89-10 Contents and custody of Department records.

The Chief of Police, with the assistance of such other members of the Department as shall be detailed for that purpose, shall keep a complete record as follows:

A police blotter in which each officer shall record his name, his rank and the hour of reporting for and off duty.

A minute or occurrence book in which shall be entered all complaints and matters pertaining to the Police Department.

A telephone book in which all telephone calls shall be recorded; or, in the alternative, all calls shall be taped.

Department records in which shall be entered the names, in full, with all aliases, of every person arrested and detained or against whom criminal complaints shall be made, the time of the arrest, the nature of the complaint and what disposition was made of the accused, the name of the officer making the arrest and the names and residences of the witnesses, together with all circumstances and the names of all persons interested in such cases. The Department records shall be examined by and available only to members of the Department, the Mayor and members of the Council. No other person may examine the Department records without the permission of the Mayor and Council or Chief of Police, except where the right of any person to examine Department records is otherwise permitted by law. In addition to the other reports and records required to be maintained by the Department, the Department shall keep all records and reports required by state statute or the Borough for the maintenance of an efficient Department, including but not limited to records and reports concerning personnel, overtime, attendance, tour reports and work schedules, all of which reports and records shall be available to the Mayor and members of the Council, provided that nothing contained in this paragraph shall be intended to permit the examination of any record, investigation, report or confidential information by the Mayor or any member of the Council, if prohibited by state statute.

No information of or obtained by the Department shall be made public except by the Chief of Police or, in his absence, by the member of the Department who is in charge of the Department at the time.

§ 89-11 Monthly reports to Council.

The Chief of Police or member of the Department who is in charge of the Department shall report, in writing, to the Council at the regular monthly meeting of the Council all matters pertaining to the Police Department. Such report shall contain a complete record of all arrests and complaints, together with the disposition of same, and such recommendations as in the opinion of the Chief of Police or member of the Department who is in charge of the Department will increase the efficiency of the Department. In addition, such monthly report shall include all reports of fires or fire-related calls of any kind and nature whatsoever received by the Police Department, as well as the action taken in connection with such calls or notices of fire. Notwithstanding anything else herein contained, the Mayor and Council may, in its discretion, require the Department to make such additional reports to it as the Mayor and Council may deem appropriate.

§ 89-12 Orders and assignments.

[Amended 9-19-2017 by Ord. No. 1725]

All orders and assignments for the members of the Police Department from the Mayor and Council shall be made to and through the Public Safety Committee and the Chief of Police.

§ 89-13 Grounds for removal of members.

No person shall be removed from office or employment in the Police Department for political reasons or for any cause other than incapacity, misconduct, violation of the provisions of this article or disobedience of the rules and regulations established for the government of the Police Department; provided, however, that any member of the Police Department 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 the Police Department.

§ 89-14 Complaints against members; written charges; notice; trial.

[Amended 4-21-2015 by Ord. No. 1623]

No member of the Police Department shall be suspended as a punishment, removed, fined or reduced from office or employment except for just cause as provided in § 89-13 hereof and then only after written charge or charges of the cause of complaint, signed by the person making same, shall have been preferred against such member and filed with the Mayor and Council, and after the charge or charges shall have been publicly examined by the Mayor and Council upon reasonable notice to the person charged. It is the intent of this subsection to give the person so charged a fair trial and every opportunity to make his defenses, if any, in accordance with the provisions of N.J.S.A. 40A:14-147 and the amendments and supplements thereto.

§ 89-15 Suspension; punishment.

The Chief of Police or the Mayor and Council may suspend any member of the Police Department from active duty pending trial on charges preferred against such member; provided, however, that such trial shall be commenced within 30 days after service of a copy thereof upon him, as required by N.J.S.A. 40A:14-149.

[Amended 4-21-2015 by Ord. No. 1623]

Where a member of the Department shall be found guilty, the Mayor and Council may, in its discretion:

Dismiss such member from the Department.

Reduce his rank.

Impose a fine upon him not exceeding $50.

Issue a reprimand.

Suspend him from active duty without pay for a certain number of days.

PUBLIC SAFETY COMMITTEE CHAIRMAN

Suspend sentence.

§ 89-16 Special law enforcement officers.

[Amended 4-21-2015 by Ord. No. 1623]

Appointment. The Mayor, with the advice and consent of Borough Council, may appoint special law enforcement officers, consistent with the requirements of N.J.S.A. 40A:14-146.8 et seq., as it may from time to time be amended, for terms not exceeding one year.

Powers and duties. Special law enforcement officers shall possess and may exercise during their term in office all the powers and duties as provided by N.J.S.A. 40A:14-146.14, but they shall not be regular members of the police force. The Chief of Police may authorize the special law enforcement officers, when on duty, to exercise the same powers and authority as regular members of the force pursuant to N.J.S.A. 40A:14-146.15, and they shall be subject to all ordinances, policies, rules, and regulations governing the police force.

§ 89-17 Court appearances.

Appearance in court; compensation. Whenever any member of the Police Department shall be required to appear before any Grand Jury or at any municipal, county, Superior or Supreme Court proceeding, except in a civil action, the time during which any such member of the Police Department is engaged shall be considered a time of assignment to and performance of duty. When such appearance occurs during the member's assigned duty hours, the member shall suffer no loss in compensation. When such appearance occurs outside the member's assigned duty hours, such member shall receive either compensatory time off from regular duty hours or additional compensation.

Determination of type of compensation; payment. The Chief of Police or, in his absence, the designated officer in charge, subject to the review of the Mayor and Council, shall determine whether a member shall receive compensatory time off from regular duty hours or additional compensation for required court appearances as set forth in Subsection A. All compensation shall be paid in accordance with the Salary Ordinance,[1] but the total for any calendar year shall not exceed the budget allocation therefor.

[1]

Editor's Note: See Ch. 112, Salaries and Compensation.

§ 89-18 Definitions.

[Amended 9-19-2017 by Ord. No. 1725]

As used in this article, the following terms shall have the meanings indicated:

PUBLIC SAFETY COMMITTEE

Those members of the Council appointed to such Committee.

The Chairman of the Public Safety Committee or such other person designated by the Mayor and Council.

§ 89-19 Traffic Safety Bureau.

Creation; membership. The Traffic Safety Bureau shall be a division of the Police Department and shall consist of one Commanding Officer, who shall be a member of the Police Department and who shall be appointed to such office by the Public Safety Committee. In addition, the Chief of Police may temporarily assign such other officers of the Police Department to the Traffic Safety Bureau as may be necessary to carry out the purposes, functions and duties of the Traffic Safety Bureau.

[Amended 9-19-2017 by Ord. No. 1725]

Rules and regulations enumerated. All personnel appointed or assigned to the Traffic Safety Bureau shall be full-time members of the Police Department and shall be subject to and regulated by all rules and regulations of the Police Department, as set forth in this article.

Purposes. The Traffic Safety Bureau is established for the following purposes:

To attempt to reduce and minimize the number of traffic accidents and fatalities occurring within the Borough.

To improve the quality of accident investigation and reporting by specialized training in investigation techniques and improved recordkeeping.

To provide safer, more efficient and orderly movement of traffic within the Borough and to compel necessary traffic counts, investigations and surveys to facilitate those goals.

To identify hazardous and high accident rate areas in the Borough and to attempt to correct and upgrade traffic safety and control techniques in those areas by assigning personnel to those areas during peak traffic hours for safer traffic flow.

To encourage safe driving habits of the motoring public through driver education and effective enforcement of traffic safety and motor vehicle laws.

To promulgate pedestrian safety programs to increase the public's awareness of proper pedestrian conduct and safety.

(7)

To study and monitor all existing speed limits on roads within the Borough and to make recommendations to the Mayor and Council of any and all speed limit changes that it feels is necessary to protect the safety of the Borough roads.

(8)

To perform any and all other duties necessary to protect the health, safety and general welfare of the general public utilizing the streets, avenues, roads, highways and any and all other public rights-of-way within the borders of the Borough.

Duties and responsibilities. The Traffic Safety Bureau shall have the following powers and duties:

To prepare, maintain and analyze auto accident reports, to conduct thorough and complete investigations of all accidents occurring within the Borough and to provide additional training to the regular members of the Police Department in traffic control and safety techniques.

To maintain strict enforcement of all motor vehicle moving and parking violations within the Borough.

To devise, review and implement traffic and pedestrian safety programs and make those programs available to all residents of the Borough.

To instruct school crossing guards, safety patrols, marshals and special police on traffic control and safety programs.

To conduct surveys and studies concerning motor vehicle parking, traffic control devices, traffic counts and speed limits on the roads within the borders of the Borough.

To locate and study high-frequency accident areas within the Borough and make recommendations to the Mayor and Council regarding methods of reducing the frequency of accidents in those areas.

(7)

To advise the Borough Planning Board and Board of Adjustment of traffic safety problems within the Borough and make recommendations, upon the request of those Boards, on any traffic safety problems that may be the result of proposed new construction within the Borough.

(8)

To supervise the placement of traffic control devices, including streetlights, street signs, crosswalks and street lines, and the correction and/or removal of any hazardous conditions on or in the roads within the Borough.

(9)

To perform any and all other functions and duties of an officer of the Police Department.

Duties of personnel.

Commanding Officer. The Commanding Officer shall be charged with the duty of commanding and supervising the Traffic Safety Bureau's functions and be responsible to and receive orders from the Chief of Police and the Public Safety Committee. He shall monthly, or whenever requested by the Chief of Police or Public Safety Committee, submit written reports covering the activities of the Traffic Safety Bureau.

[Amended 9-19-2017 by Ord. No. 1725]

Members of the Bureau. Police officers assigned to the Traffic Safety Bureau shall compile and maintain accurate records in the form prescribed by the Commanding Officer setting forth all activities, studies, surveys and actions taken by the Traffic Safety Bureau; the progress, conclusions, results and/or disposition of all such activities, studies, surveys and actions; and any and all other matters as may be necessary or required by law.

Authority to adopt rules and regulations. The Mayor and Council may adopt, by resolution, rules and regulations as, in its judgment, shall be required for the proper and efficient control and operation of the Traffic Safety Bureau.

§ 89-19.1 Contracted off-duty employment.

[Added 2-12-2008 by Ord. No. 1396]

Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Franklin Lakes 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.

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 performance of regularly scheduled or emergency duty for the Borough.

Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall 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.

Escrow accounts.

Except as provided hereinbelow, any person or entity requesting the services of an off-duty law enforcement officer in the Franklin Lakes 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 Chief Financial Officer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth hereinbelow for the total estimated hours of service. If services are required on an immediate basis and it is not feasible to establish an escrow account, the Chief of Police or his or her designee shall have the authority to waive the requirement of an escrow account.

If the amount required to be deposited with the Borough pursuant to Subsection B(1) hereinabove exceeds $20,000, an escrow deposit of $20,000 shall be required. Said deposit of $20,000 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 $20,000, and then such lesser amount shall be required to be maintained.

Prior to posting 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 Chief Financial Officer, except if the requirement of an escrow account has been waived as permitted hereinabove. No officer shall provide any such services for more hours than are specified in the request for services.

[Amended 12-20-2011 by Ord. No. 1532]

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.

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.

Houses of worship, local public schools and not-for-profit organizations shall be exempt from the requirements for the posting of an escrow deposit.

Rate of compensation; administrative fee.

[Amended 9-16-2008 by Ord. No. 1430; 2-17-2015 by Ord. No. 1615; 8-20-2019 by Ord. No. 1794]

The rate of compensation for contracting the services of off-duty law enforcement officers, which shall not include special officers except for those special officers hired on or before May 17, 2022, shall be $95 per hour; except that the rate for schools, nonprofit organizations, charitable organizations, Franklin Lakes businesses and residents shall be $85 per hour. For special officers hired subsequent to May 17, 2022, the rate of compensation for contracting the services of off-duty special officers shall be their hourly rate multiplied by 1.5.

[Amended 5-17-2022 by Ord. No. 1876]

An additional fee shall be paid to cover administrative costs, overhead, and out-of-pocket expenses of the Borough, which shall be 15% of the rate as calculated above.

A four-hour minimum shall be required for each off-duty assignment.