Article I Department Organization, Duties, and Regulations

Communication operators, mechanics, parking meter repairers, parking meter collectors and repairers, school traffic guards, office-clerical personnel and such other titles as may be established.

Director of Police.

(a)

Establishment. The City Manager shall appoint a person to be designated as the "Director of Police," to serve at the pleasure of the City Manager, as herein provided. The Director of Police is designated as the "appropriate authority" of the Police Department as provided for in N.J.S.A. 40A:14-118 and shall be responsible for administration of the Police Department and establishing policies, rules and regulations for the Police Department for the government of the force and for the discipline of its members.

(b)

Said Director of Police shall assume and be vested with all powers and duties allowable under this article and to the fullest extent permissibly delegable to him or her under N.J.S.A. 40A:14-118 and judicial decisions interpreting this statute.

(c)

The compensation of said Director of Police shall be set by a duly executed contract by and between said person and the City of Hackensack.

Special law enforcement officers. The City of Hackensack hereby establishes special law enforcement officers pursuant to and in compliance with the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.)

Special law enforcement officers are subject to the personnel policies of the City of Hackensack.

§ 32-3 Chief of Police; powers and duties.

Special law enforcement officers are subject to the City of Hackensack Police Department's Rules and Regulations, and Written Directive System, where applicable.

§ 32-2 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 City of Hackensack;

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.

[Amended 3-28-2023 by Ord. No. 15-2023; 12-10-2024 by Ord. No. 47-2024]

Pursuant to N.J.S.A. 40A:14-118, and to the fullest extent permissibly delegable to him under said statute, the Chief of Police 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, consistent with City ordinances:

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.

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

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

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

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

§ 32-4 Appropriate authority designated.

[Amended 3-28-2023 by Ord. No. 15-2023]

In accordance with N.J.S.A. 40A:14-118, the Police Director is hereby designated as the appropriate authority of the Police Department and is hereby vested with the powers and duties of an appropriate authority as delegated by law. The City Manager shall remain the Police Director’s immediate supervisor as established by N.J.S.A. 40:82-4(d). If there is no Police Director employed by the City, the City Manager shall serve as the appropriate authority without additional compensation.

§ 32-5 Appointment of officers and personnel; temporary and provisional appointments.

[Amended 2-9-2016 by Ord. No. 03-2016]

No person shall be appointed to the Police Department who is not qualified as provided by New Jersey law. The selection criteria for a police officer shall be in accordance with Department policy, the rules and regulations of the New Jersey Civil Service Commission and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances.

[Amended 11-21-2023 by Ord. No. 44-2023]

In the event any appointed Captain is suspended, placed on terminal leave, or has otherwise provided notice of irrevocable retirement, the City Manager, in consultation with the Police Director, may, in their discretion, appoint a current Lieutenant to fill that Captain’s position and to continue the performance of duties and assume the responsibilities associated therewith. Such an appointment may be temporary and subject to a return to the Lieutenant’s original position upon the Captain’s return to active duty, or such appointment may be permanent and intended to be a promotion and replacement of a Captain on terminal leave or who is otherwise retiring from the Department. The decision of whether any such appointment is temporary or permanent shall be made by the City Manager, in consultation with the Police Director, pursuant to City policy, the rules and regulations of the New Jersey Civil Service Commission, and as otherwise prescribed by the statutes of the state law and City ordinances.

[Amended 9-5-2023 by Ord. No. 32-2023]

Alternative hiring process. Pursuant to N.J.S.A. 11A:4-1.3, the City shall be authorized to utilize an alternative hiring process that allows for qualified applicants to be exempt from civil service examination requirements for entry-level law enforcement positions. Such applicants must complete a police full basic course for police officers program at a school approved and authorized by the New Jersey Police Training Commission ("PTC"). The City shall comply with all applicable regulations of the New Jersey Civil Service Commission with respect to the utilization of the alternative hiring process. The determination whether to utilize the alternative hiring process for any particular appointment shall be solely in the discretion of the City Manager.

[Added 11-21-2023 by Ord. No. 44-2023]

Police Department conflict of interest and nepotism policy. The City Council declares that a conflict of interest and nepotism policy should be enacted for the Hackensack Police Department. This policy is not intended to deprive any citizen of an equal chance for employment as a sworn law enforcement officer, but solely to eliminate the potential for preferential treatment of the relatives of senior government personnel or elected officials.

[Added 11-21-2023 by Ord. No. 44-2023]

FAMILY MEMBER or RELATIVE

Definitions. For purposes of this subsection, the following terms shall have the meanings indicated:

ELECTED OFFICIAL

Person holding the position of Council member in the City of Hackensack.

Members of an individual's household, as well as the following, whether related by marriage (or civil union or domestic partnership) or by adoption: spouse or the substantial equivalent; child; foster child; brother; sister; parent; grandparent; grandchild; father-in-law; mother-in-law; sister-in-law; brother-in-law; son-in-law; daughter-in-law; stepfather; stepmother; stepson; stepdaughter; stepbrother; stepsister; half-brother; half-sister; nephew; niece; aunt; uncle; children of aunt or uncle.

SENIOR ADMINSTRATIVE OFFICIAL

The City Manager, Deputy City Manager, Police Director or City Attorney.

SUPERIOR OFFICER

Any police officer of the City of Hackensack having direct supervisory powers and duties over another police officer.

Except as authorized by Subsection D(4), below, no person who is a family member or relative of any elected official or senior administrative official of the City of Hackensack shall be considered for employment as a police officer with the City. This shall not restrict nor prohibit the continued employment of an individual as a police officer with the City where a family member or relative of an elected official or senior administrative official was hired before the effective date of this subsection.

§ 32-8 Police officer extra-duty employment policy.

No elected official shall serve as an appointed Council liaison to the Police Department if any employee of the Police Department is a family member or relative of that elected official.

(4)

Open competitive process exemption. The City of Hackensack is a civil service jurisdiction for the hiring, firing, promotion and discipline of police officers and is governed by the Civil Service Act at N.J.S.A. Title 11A and its associated regulations at N.J.A.C. 4A. This section shall not prohibit an individual who is a family member or relative as defined herein and who is otherwise eligible to be hired or promoted through the open competitive process from being hired or promoted as a police officer.

(5)

Promotion of existing police officers. No elected official or senior administrative official or superior officer within the Police Department may participate in the promotional or disciplinary process of a police officer who is a family member or relative.

(6)

Enforceability. Nothing in this section is intended to conflict with applicable civil service laws and regulations, or applicable provisions of other state laws or regulations.

§ 32-6 Disciplinary action.

[Amended 12-10-2024 by Ord. No. 47-2024]

Discipline of police officers will be imposed consistent with New Jersey State statutes, New Jersey Administrative Code, the rules and regulations of the Hackensack Police Department, and the rules and regulations of the New Jersey Civil Service Commission. The written charges will be signed by the Chief of Police, or designee as provided in New Jersey law and the Police Department's rules and regulations. Police officers may also be subject to discipline for violating other statutes, ordinances, and policies.

§ 32-7 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.

[Amended 5-21-2019 by Ord. No. 23-2019; 4-7-2020 by Ord. No. 15-2020; 12-6-2022 by Ord. No. 51-2022; 2-11-2025 by Ord. No. 05-2025]

Purpose. For the convenience of those persons and entities utilizing the services of Hackensack Police Department officers to perform extra-duty details and to authorize Hackensack police officers to perform voluntary extra-duty details within the City of Hackensack or within other local municipalities that extend beyond their regular assigned duties and responsibilities, the City hereby establishes a policy regarding the use of said officers.

Hackensack police officers 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 City. Any such extra-duty employment shall be voluntary, and may be accepted or declined solely at the option of the officer (provided the extra-duty employment is approved in accordance with the Hackensack City Code and any applicable rules, regulations, policies or procedures of the Hackensack Police Department). Accordingly, the performance of such extra-duty work for a separate and independent employer shall be excluded by the City in the calculation of the hours for which the officer is entitled to overtime.

Any person or entity wishing to employ a Hackensack police officer or officers for an extra-duty detail shall first obtain the approval of the Chief of Police, or in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee). who shall grant such approval if in his or her judgment 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.

To the fullest extent permissible by law, the person or entity requesting the services of Hackensack police officer(s) for an extra-duty detail shall execute an appropriate hold harmless and indemnity agreement as approved by the City Attorney, which shall provide that such person or entity shall indemnify, defend, and hold harmless the City of Hackensack, along with its elected and appointed officers, employees, agents, servants and administrators, from and against any and all claims, or actions at law, whether for personal injury, property damage or liability, including any cost of defense incurred by the City, which arises from any acts or omissions of the insured, its agents, or employees arising out of or related to his, her or its use of Hackensack police officers to perform extra duty. This indemnification and hold harmless agreement and the duty to defend shall apply in all instances, whether the City is a defendant or is made a direct party to the initial action or claim, or is subsequently made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.

(4)

No person or entity shall employ a Hackensack police officer for extra duty without having first filed with the Police Department a certificate of insurance naming the City, its agents, servants and administrators as additional insureds, and evidencing that general liability coverage of not less than $1,000,000 per occurrence is in effect with respect to the extra-duty services to be provided. All such certificates of insurance are subject to approval by the City's risk manager or other insurance professional and the City Attorney. All policies of insurance evidenced by any certificate filed hereunder shall be maintained in full force and effect at all times while any police officer is performing extra duty. Upon the change or renewal of any such policy of insurance, the person or entity utilizing the services of a Hackensack police officer for extra duty shall file with the Police Department a new and current certificate of insurance in compliance with the foregoing provisions within one business day. The City Manager may waive some or all of the foregoing requirements if in his or her determination it is in the best interest of the City and the City will still remain adequately protected in the absence of same.

(5)

The Chief of Police, or in the absence of the Chief, the City's highest ranking law enforcement executive (or designee), with the approval of the City Manager, may promulgate appropriate additional administrative regulations and requirements for the use of Hackensack police officers for extra-duty details, provided they are not inconsistent with any provision within the Code of the City of Hackensack. The Chief of Police, or in the absence of the Chief, the City's highest ranking law enforcement executive, shall monitor all extra-duty employment to ensure that the City's interests are protected.

Escrow accounts.

Any person or entity requesting the services of a Hackensack police officer to perform extra duty shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Chief of Police or, in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee) and shall establish an escrow account with the City Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. This may be waived for nonprofit organizations, public utilities, or for companies that have a working relationship with the City.

Prior to posting any request for the services of a Hackensack police officer to perform extra duty, the Chief of Police or, in the absence of the Chief, the City's highest-ranking law enforcement executive (or 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 or, in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee) 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 City Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.

In the event the funds in such an escrow account should become depleted, services of law enforcement officers performing extra duty shall cease and requests for further 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.

Requests for services.

Any law enforcement officers, when so employed by the City, shall be treated as employees of the City; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.

Rate of compensation.

The rate of compensation for a Hackensack police officer engaging in extra-duty employment shall be $100 per hour, regardless of rank. Recognized public and not-for-profit educational and religious institutions shall receive a $20 per hour reduction on the foregoing extra-duty employment rate of compensation.

There is no minimum period for a Hackensack police officer to be engaged in extra-duty employment, however, any such officer engaged for a period of less than four hours shall be compensated as if he or she actually worked four hours. In the event of a cancellation received two or less hours prior to the scheduled starting time of the extra-duty assignment, there shall be a cancellation charge of four hours per officer. Cancellations received more than two hours prior to the scheduled starting time of the extra-duty assignment shall be at no charge.