[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]
[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.
BOROUGH-SPONSORED PROGRAMS
CRIMINAL HISTORY RECORD BACKGROUND CHECK
CRIMINAL HISTORY RECORD INFORMATION
DEPARTMENT
NONCRIMINAL JUSTICE PURPOSE
NONPROFIT YOUTH SERVING ORGANIZATION or ORGANIZATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
The Borough of Hawthorne Police Department.
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.
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.
(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.
