Borough of Upper Saddle River, NJ Article X Department of Police

[Added 10-7-2010 by Ord. No. 13-10[1]]

[1] Editor’s Note: This ordinance also repealed former Art. X, Department of Police, as amended.

§ 3-43 Establishment.

[Amended 2-4-2021 by Ord. No. 2-21; 12-7-2023 by Ord. No. 15-23]

There is hereby created, in and for the Borough of Upper Saddle River, a Police Department, which shall consist of no more than a Chief of Police, a Captain, two Lieutenants, four Sergeants, a maximum of 13 patrol officers, and one Special Law Enforcement Officer Class III, to be appointed to these positions by the Mayor with the advice and consent of the Borough Council. The decision whether or not to fill the mentioned positions is within the complete and unfettered discretion of the governing body.

§ 3-44 Purpose.

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 Upper Saddle River; direct and control traffic; provide attendance and protection during emergencies; make appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.

§ 3-45 Chief of Police; powers and duties.

The Mayor shall appoint a Chief of Police with the advice and consent of the Borough Council. The Chief shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the governing body and consistent with Borough ordinances:

A. Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its officers and personnel.

B. Have, exercise and discharge the functions, powers and duties of the Police Department.

C. Prescribe the duties and assignments of all subordinates and other personnel.

D. Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision.

E. Report at least monthly to the appropriate authority in such form as shall be prescribed by the governing body on the operation of the force during the preceding month, and make such other reports as may be requested by the governing body.

§ 3-46 Designation of appropriate authority.

In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law.

§ 3-47 Appointment of Police Department officers and personnel.

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The selection criteria for a police officer shall be established in department policy consistent with New Jersey Statutes, and such person shall meet all the qualifications and requirements set forth in N.J.S.A. 40A:14-118 et seq., as amended and supplemented, and the following criteria:

A. A four-year college degree from an accredited college or university; or

B. At least two years of active military service with an honorable discharge, together with either a two-year college degree from an accredited college or university or the accumulation of at least 60 credits from an accredited college or university.

C. The requirements of Subsections A and B above shall not be applicable to the position of Special Law Enforcement Officer Class III. The requirements relating to this position shall be as set forth in §§ 3-47.1 and 3-47.2.

[Added 12-7-2023 by Ord. No. 15-23]

§ 3-47.1 Special law enforcement officer Class III position established.

[Added 12-7-2023 by Ord. No. 15-23]

The Borough hereby authorizes the establishment of Special Law Enforcement Officer Class III ("SLEO III") within the Upper Saddle River Police Department ("Police Department"), to assist the Police Department in the performance of its duties and responsibilities subject to the eligibility criteria, authorizations and limitations set forth in the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq.

§ 3-47.2 Qualifications.

[Added 12-7-2023 by Ord. No. 15-23]

The requirements for the position of SLEO III include, but not limited to, the following:

A. Applicant must not have been separated from prior service as a full-time officer in any municipality or county of the State of New Jersey, or a member of the New Jersey State Police for more than three years.

B. Applicant must be a resident of the State of New Jersey during his/her term of appointment.

C. Applicant must be a retired officer in any municipality or county of the State of New Jersey, or a member of the New Jersey State Police.

D. Applicant must have left the agency in good standing (it is necessary to have a good standing letter from the agency retired from and copy to be submitted to the Police Training Commission).

E. Applicant must be less than 65 years of age for appointment.

F. Applicant must be able to read, write and speak the English language well and intelligently, and must have a high school diploma or its equivalent.

G. Applicant must be of sound body and of good health.

H. Applicant must be of good moral character.

I. Applicant must be licensed in accordance with regulations promulgated by the New Jersey Attorney General's Office and the New Jersey Police Training Commission.

§ 3-47.3 Applicant requirements.

[Added 12-7-2023 by Ord. No. 15-23]

In order to qualify for consideration, an applicant must complete the following requirements:

A. Applicant must pass a psychological exam.

B. Applicant must pass a drug screening test.

C. Applicant must pass an updated background investigation.

§ 3-47.4 Terms; revocation of appointments; supervisions; training; conduct; authority.

[Added 12-7-2023 by Ord. No. 15-23]

A. No SLEO III shall be appointed to any term exceeding one year.

B. No SLEO III, by virtue of his/her appointment as such, shall be or become a regular member of the Police Department.

C. SLEO III are considered at-will, part-time hourly employees, appointed annually, and can be terminated for cause after an adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing (N.J.S.A. 40A:14-146.14).

D. All SLEO III, while on duty, shall abide by all the rules and regulations of the Police Department and those policies, general orders or standard operating procedures established by the Upper Saddle River Chief of Police and reinforced throughout the chain of command.

E. The Police Department is authorized to perform the necessary background investigations and arrange for all that is associated with the hiring of such SLEO IIIs, so that they will be ready to commence their duties.

F. Upon appointment, all SLEO IIIs must:

(1) Must complete SRO training within 12 months of being appointed.

(2) Must conform to Attorney General's mandatory in-service training requirements.

(3) Must be a uniformed officer, displaying the Special Law Enforcement Officer Class III patch, provided by the Police Training Commission.

(4) Must complete agency training.

§ 3-47.5 Powers and authorities.

[Added 12-7-2023 by Ord. No. 15-23]

An SLEO III is authorized to exercise full powers and duties similar to those of a permanent, regularly appointed, full-time police officer only while providing security at a public or nonpublic school, on the school premises, during hours when the public or nonpublic school is normally in session, when it is occupied by public or nonpublic school students, teachers, or staff, or when in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform duties in another unit pursuant to a mutual aid agreement enacted in accordance with § 1 of P.L. 1976, c.45.[1]

[1] Editor's Note: See N.J.S.A. 40A:14-156.1.

§ 3-47.6 Cost.

[Added 12-7-2023 by Ord. No. 15-23]

Compensation of an SLEO III, at the rate of $37.50 per hour, plus administrative costs, shall be advanced through the Borough's budget, to be wholly reimbursed by the Upper Saddle River Board of Education, pursuant to the terms of an agreement to be entered into by the Borough and the Borough Board of Education on an annual basis.

§ 3-47.7 Repealer.

[Added 12-7-2023 by Ord. No. 15-23]

All ordinances, or parts thereof, in conflict or inconsistent with this article are hereby repealed, but only, however, to the extent of such conflict or inconsistency, it being legislative intent that all ordinances or parts of ordinances now existing or in effect, unless the same be in conflict or inconsistent with any provisions of this article, shall remain in effect.

§ 3-48 Disciplinary actions.

Discipline of police officers will be imposed consistent with N.J.S.A. 40A:14-147. The written charges will be signed by the Chief of Police or designee as provided in the New Jersey Statutes and the Police Department's rules and regulations. Police officers may also be subject to discipline for violating statutes, ordinances, and policies.

§ 3-49 Rules and regulations.

The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all employees of the Police Department shall be subject to such rules and regulations and penalties.

§ 3-50 Hours of employment.

Each member of the Police Department shall devote 2080 hours per year as a minimum to the business, duties and work of the Department, and each member shall be prepared to return for duty immediately on notice that his/her services are required.

§ 3-50.1 Off-duty police officers.

[Amended 5-3-2012 by Ord. No. 1-12]

A. Purpose; establishment of policy. For the convenience of those persons and entities that utilize the services of off-duty law enforcement officers of the Upper Saddle River 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 performance 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 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 account required; exception for emergencies.

(1) Any person or entity requesting the services of an off-duty law enforcement officer in the Upper Saddle River 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 for the total estimated hours of service.

(2) Prior to posting any request for services of off-duty law enforcement officers or consideration for emergency hours above and beyond request, 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 entertain 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. Exceptions may be granted by the Chief of Police on an emergency basis.

(3) In the event that 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. This may be waived for nonprofit organizations, public utilities, or for companies that have a working relationship with the Borough.

(5) In the case of emergency work when there is not an established escrow account, the entity or person shall have five working days to provide payment of compensation.

C. Treatment as Borough employee; effect on pension benefits. Any law enforcement 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 law enforcement officers so employed.

D. Rate of compensation; administrative and additional fees.

(1) The rate of compensation for contracting the services of off-duty law enforcement officers shall be based on a rate of time and a half. The rate of compensation for contracting the services of off-duty law enforcement officers is established as follows:

(a) The rate of compensation as per PBA contract.

(b) A fee of 20% for related FICA, Medicare, unemployment, workers' compensation, insurance and administrative fees, in addition to a vehicle use charge of $25 per hour, will be added to the total. Therefore, the total charged to the vendor will be time and a half per hour, according to the current PBA contract, plus a 20% administrative fee and $25 per hour for vehicle use.

[Amended 3-7-2019 by Ord. No. 2-19]

§ 3-50.2 Promotion of officers.

[Added 12-5-2024 by Ord. No. 13-24; amended 3-6-2025 by Ord. No. 2-25]

A. Goals. The Borough of Upper Saddle River desires to promote the most qualified candidates to the ranks of Chief, Captain, Lieutenant and Sergeant. This subsection establishes the eligibility requirements and the process for promotion to those ranks. The promotion process shall be on the basis of merit, experience/seniority, education, demonstrated ability, competitive written examinations and competitive oral examinations as noted herein. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Upper Saddle River Police Department. In accordance with N.J.S.A. 40A:14-118, all promotions within the Upper Saddle River Police Department shall be made by the governing body, except as to the Chief of Police, whose promotion/appointment shall be made by the Mayor with the consent and approval of the governing body. All members of the department shall be notified of a promotional process by way of a promotional announcement issued or approved by the Chief of Police:

(1) The promotional notification will be posted via the internal policy management system. A general notification message will be distributed via e-mail announcing the promotional process and directing member's attention to the policy management system for additional information;

(2) The Chief of Police, or designee, shall personally contact eligible candidates who are on extended leave, if possible, to provide the candidate with the information necessary to comply with the requirements set forth in the promotional announcement.

(a) The promotional announcement shall contain the following information:

[1] The rank for which the process is being conducted;

[2] The prerequisite qualifications;

[3] The closing date for submission of letters of intent;

[4] The scheduled date for the written examination for the rank of Sergeant;

[5] The scheduled date for the oral examination for the rank of Chief, Captain or Lieutenant;

[6] A listing of the source material, if applicable, utilized for formulation of the written and oral examination questions.

(b) A written test, if indicated, shall take place no sooner than 45 days from the date of the posting of the promotional announcement.

(c) Interested candidates must submit a current resume and a cover letter that answers the question(s) posed in the notice of promotion. These documents are to be submitted to the Chief of Police, via the chain of command in the time frame that is indicated in the notice of promotion.

(d) In the event that a member is on extended leave and the Chief of Police, or designee, is unable to establish contact with said member, a reasonable extension of the time constraints relative to the submission of a letter of intent may be granted to the candidate.

B. Eligibility requirements.

(1) Sergeant. For promotion to Sergeant, no person shall be eligible for such promotion unless he or she:

(a) Shall have served as a full-time police officer in the Upper Saddle River Police Department for at least three years;

(b) Shall have met or exceeded all Upper Saddle River Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(2) Lieutenant. For promotion to Lieutenant, no person shall be eligible for such promotion unless he or she:

(a) Shall have served as a full-time officer in the Upper Saddle River Police Department for at least five years;

(b) Shall have served at least one year as a full-time Sergeant for the Upper Saddle River Police Department;

(c) Shall have met or exceeded all Upper Saddle River Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(3) Captain. For promotion to Captain, no person shall be eligible for such promotion unless he or she:

(a) Shall have served at least eight years as a full-time officer in the Upper Saddle River Police Department,

(b) Shall have served at least one or more years as a Lieutenant, or three or more years as a Sergeant;

(c) Shall have met or exceeded all Upper Saddle River Police Department performance standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(4) Chief of Police. For promotion to Chief of Police, no person shall be eligible for such promotion unless he or she:

(a) Shall have served, as a Captain and/or Lieutenant, for the Upper Saddle River Police Department;

(b) Shall have met or exceeded all Upper Saddle River Police Department performance standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

C. Process.

(1) In creating the list of eligible candidates for promotion to Chief of Police the interview panel shall score/rank each such candidate as follows:

(a) In accordance with N.J.S.A. 40A:14-129, due consideration shall be given to the length and merit of service and to seniority in accordance with N.J.S.A. 40A:14-129, as amended, to any candidate for promotion to Chief. A review and evaluation of the candidate's personnel file by the Mayor, Borough Administrator and two members of the Upper Saddle River Mayor and Council shall be conducted. This review shall include discussions, including the performance of the candidate, commendations, employee reviews, discipline record and early intervention summaries.

(b) For promotion to the position of Chief of Police, each eligible candidate shall be interviewed by an interview panel comprised of the Mayor, the Borough Administrator and two members of the Upper Saddle River Mayor and Council ("interview panel"). All candidates interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. Questions may be asked related to the candidates past performance, personnel file, education, ability to supervise personnel, job related knowledge, experience and leadership ability. Situational and/or scenario based questions may also be used to test the candidates understanding of applicable laws, regulations, policies and procedures relevant to law enforcement.

(2) In creating the list of eligible candidates for promotion to Captain or Lieutenant, the interview panel shall score/rank each such candidate as follows:

(a) In accordance with N.J.S.A. 40A:14-129, due consideration shall be given to the length and merit of service and to seniority in accordance with N.J.S.A. 40A:14-129, as amended, to any candidate for promotion to Captain or Lieutenant. Due consideration shall also be given to the recommendation of the Chief of Police, which shall be based on the aforementioned statutory factors, and a review of the performance and personnel file of the candidate(s).

(b) For promotion to the position of Captain, each eligible candidate shall be interviewed by an interview panel comprised of Chief of Police, the Mayor and/or his designee, and the Borough Administrator, ("interview panel"). All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. Questions may be asked related to the candidates past performance, personnel file, education, ability to supervise personnel, job related knowledge, experience and leadership ability. Situational and/or scenario based questions may also be used to test the candidates understanding of applicable laws, regulations, policies and procedures relevant to law enforcement.

(3) For promotion to the position Lieutenant:

(a) Each eligible candidate shall be interviewed by an interview panel comprised of the Chief of Police, the next highest ranking command staff members, which includes the Captain and Lieutenant if one exists ("interview panel"), the Mayor and/or his designee and the Borough Administrator. All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. Questions may be asked related to the candidates past performance, personnel file, education, ability to supervise personnel, job related knowledge, experience and leadership ability. Situational and/or scenario based questions may also be used to test the candidates understanding of applicable laws, regulations, policies and procedures relevant to law enforcement.

(4) In creating the list of eligible candidates for promotion to Sergeant, the Borough Police Committee consisting of the Chief of Police and designated police department Supervisory personnel to include the Captain, Lieutenants and Sergeants shall score/rank each such candidate as follows:

(a) A written test relating to the duties, responsibilities and job functions of the position being sought, to be prepared and administered by the New Jersey State Association of Police Chiefs (or prepared and administered by such other person, association or organization as may be authorized by the governing body). The written test shall constitute 50% of the overall total score for each eligible candidate, based on a test that contains a maximum value of 100 points. For example, a candidate who receives 70 points out of the total of 100 possible total points for the written test shall receive 35 points towards the overall total score (70 points x 50% = 35 points). In advance of such written test, the minimum threshold/score required to be eligible for promotion shall be established by the Chief of Police, and such minimum threshold/score shall be communicated, in writing, to all eligible candidates for promotion prior to their taking said test. Only those candidates who achieve such minimum score shall be eligible to continue forward in the promotion process for promotion to Sergeant. A ranked list of eligible candidates for promotion shall be created based on the outcome of the aforesaid written test.

(5) Only those candidates who have achieved the written test minimum score of 70% or greater (out of the maximum of 100 points) on the written examination shall be permitted to sit for an oral examination administered the New Jersey State Association of Police Chiefs, or such other person, association or organization as may be authorized by the Chief or Police. Oral examinations by shall take place after the receipt of the written examination scores.

(6) Said interview panel's oral examination and assessment (which examination and assessment shall have 100 points as its maximum score) shall account for 25% of the candidate's total promotional score, with 25 total points being the highest possible score for such oral examination and assessment. By way of example, a candidate receiving a score of 80 points on his/her oral examination by said interview panel shall receive 20 total points for said interview panel's oral examination element of the promotional process (80 x 25% = 20 total points).

(7) After being interviewed by the New Jersey State Association of Chiefs of Police interview panel, each candidate shall be interviewed by the Borough Police Committee consisting of the Chief of Police and designated police department Supervisory personnel to include the Captain, Lieutenants and Sergeants.

(a) The oral examination and assessment by said interview panel shall include an evaluation of the following criteria: commendations and accomplishments, disciplines and early intervention summaries, annual performance evaluations, merit, demonstrated ability/job knowledge and accomplishments, efforts supporting department goals and objectives, in-service education and career development, specialized schools, specialized job assignments and responsibilities, attitude and demeanor, education, seniority, leadership ability, initiative and attitude toward peers, supervising officers' recommendations, motivation and morale, job performance, loyalty to the Department and community, experience, and career development training, job knowledge, leadership and Leadership, Situational and scenario based related questions may will also be presented to candidates the course of the interview by the interview panel. Said interview panel shall utilize the same criteria for each of the candidates who are interviewed for the open position(s).

(b) All candidates so interviewed by the Borough Police Committee shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all Police Committee members. The results of such oral interview by the Police Committee, and its consideration of the candidate's past performance shall constitute 25% of the overall total score for each candidate based on the average score of all Police Committee members of such oral interview.

(c) The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 60 points out of the total of 100 possible total points for this oral interview shall receive 15 points towards his/her overall total overall score (60 points x 25% = 15 points).

(8) The candidate(s) for promotion to Captain, Lieutenant or Sergeant receiving the highest score(s) pursuant to the process set forth herein shall be deemed the first candidate(s) eligible for promotion.

(9) Promotional list and duration. Once all scoring is complete the Chief of Police shall submit an eligibility list of the top three candidates to the Mayor and Council for the ranks of Captain, Lieutenant and Sergeant. This list will be maintained for a period of 36 months in the event that vacancies fall within that time. The three-year period will start upon the release of the final exam results.

D. Notwithstanding anything in this chapter to the contrary, the Borough of Upper Saddle River reserves the right to waive the written examination and/or oral interview components of the promotional process, when the number of eligible candidates for a particular position is equal to or less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough elects to so waive the written examination and/or oral interview components, all other components of the promotional process within this section not so waived shall remain in effect.

E. Notwithstanding anything in this chapter to the contrary, the Borough of Upper Saddle River reserves the right to relax and/or waive the eligibility requirements for a particular position(s) if the number of eligible candidates for such position(s) is less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough so elects to relax or waive the eligibility requirements, all candidates for the particular position(s), including those who are eligible as a result of the waiver or relaxation of such requirements, shall not be required to undergo or participate in the applicable process set forth herein.

F. Appeals of scoring errors.

(1) Within 10 days of the posting of the ranking of the top three candidates, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will provide the same to the governing body, which shall decide any appeal. The appeal shall be specifically limited to review and retabulation of the accuracy of the scored elements of the selection process.

(2) If the appeal impacts upon the results of the promotional ranking, the candidate will be reranked.

G. Reapplication. After the expiration of any eligibility list any, subsequent vacancies will require reapplication consistent with Subsection C(9).

H. Probationary period. All officers that are promoted are subject to a one year probationary period starting from the date they were promoted.

I. Security of promotional materials. The Chief of Police shall be responsible for the security of the promotional materials. All promotional materials will remain in a secured promotional file located in the office of the Chief of Police.