[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Ch. 2, Art. VII, of the 1990
Code]
[Amended 5-9-1990 by Ord. No. 5-1990; 3-19-2014 by Ord. No.
2-2014]
A.
The North
Haledon Police Department shall consist of a maximum of 25 sworn officers
of the following ranks:
[Amended 2-20-2019 by Ord. No. 3-2019; 5-18-2022 by Ord. No. 13-2022; 9-21-2022 by Ord. No. 18-2022]
B.
The total
number of officers appointed at any given time, pursuant to the ranks
as set forth above, shall be in the sole discretion of the Mayor and
Council with respect to funding and appointment and in accordance
with the demands of public safety, the welfare of the community, and
the needs of the Police Department as recommended by the Chief of
Police. Nothing herein shall mandate that the Mayor and Council fund
or appoint the maximum number of officers authorized or the maximum
number of appointees to a particular rank, except that there shall
be a Chief of Police appointed.
C.
The ranking
of officers from superior to subordinate is as follows: Chief, Captain,
Lieutenant, Sergeant, police officer.
[Amended 2-18-2015 by Ord. No. 2-2015]
The Council shall appoint a Police Committee to consist of three
Councilmen who shall be responsible for duties as assigned by the
Mayor and Council. In making the appointments each year, the Mayor
shall designate one member of Police Committee as the Police Commissioner
who shall serve as the Chairman of the Police Committee.
A.
It shall be the duty of the Chief of Police to cause
the public peace to be preserved and to see to it that all laws and
ordinances effective in the Borough are enforced, and, whenever any
violation thereof shall come to his/her knowledge or be reported to
him/her, he/she shall cause the requisite complaint to be made and
see that evidence is procured for the successful prosecution of the
offender or offenders.
B.
He/she shall cause the police officers under him/her
to obey the police rules prescribed by the Police Committee and see
that they perform their duties promptly, efficiently and faithfully.
C.
He/she shall, in case of tumult, riot, insurrection
or threatening thereof, take command in person of the police officers
and direct their movements and operations in the discharge of their
respective duties.
D.
He/she shall cause to be kept and made all such records,
registers, books and reports concerning the affairs, property and
operations of the Department, as may be prescribed by, and in the
manner and at the times required by, the police rules.
E.
He/she shall, by order, determine the beats, tours
and nature of duty of the patrolmen, with such special instructions
as he/she may deem proper.
F.
All details of importance to the Police Department,
for any special or particular duty or service, shall be made by the
Chief of Police, or pursuant to his/her order.
At the end of each year, the Chief of Police
shall cause to be made out and presented to the Mayor and Council,
at its first regular meeting thereafter, a report of the operations
of the Department during the year, with such statistics and suggestions
as he/she may deem advisable concerning the government and discipline
of the force.
[Amended 2-18-2015 by Ord. No. 2-2015]
The duties and responsibilities of the employees
of the North Haledon Police Department shall be those set forth by
law and as prescribed by the Department's Written Directive System
established by the Chief of Police.[1]
[1]
Editor's Note: Original § 2-21.6,
which immediately followed this section and provided for compensation
of police officers, was repealed 5-9-1990 by Ord. No. 5-1990.
[1]
Editor’s Note: Former §§ 107-6, Duties of
police officers, and 107-7, Powers of members, were repealed 2-18-2015
by Ord. No. 2-2015.
[Amended 7-16-2008 by Ord. No. 5-2008; 2-18-2015 by Ord. No.
2-2015]
Full-time members of the Police Department shall
not engage in any business or occupation except upon application to
the Chief of Police. In determining whether to permit other employment
of a full-time member of the Police Department, the Chief of Police
shall provide a form of application and shall consider the nature
and extent of outside employment and whether it would interfere with
the performance of duties by the police officer as required of him
or her by the Department.
[Amended 2-18-2015 by Ord. No. 2-2015]
All appointments and promotions in the Police
Department shall be by the Mayor and Council.
[Added 11-10-1987 by Ord. No. 14-1987[1]; amended 10-16-1991 by Ord. No. 29-1991; 2-19-1992 by Ord. No.
5-1992; 12-2-1992 by Ord. No. 28-1992; 3-17-1999 by Ord. No.
3-1999; 7-16-2008 by Ord. No. 5-2008; 4-20-2011 by Ord. No.
3-2011; 6-15-2011 by Ord. No. 13-2011; 6-15-2011 by Ord. No.
14-2011; 4-16-2014 by Ord. No. 5-2014]
Policies for selection, recruitment and promotion of personnel
are set forth in the North Haledon Police Department Policy and Procedures.[2]
[Amended 4-16-2014 by Ord. No. 5-2014; 2-18-2015 by Ord. No.
2-2015]
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. All employees of the
Police Department shall be subject to such rules and regulations and
penalties.
All disciplinary proceedings shall be in accordance
with the requirements of statute.[1]
The governing body shall be authorized from
time to time to enter into collective bargaining agreements with the
eligible members of the Police Department. No provisions shall be
in derogation of any ordinance of the Borough nor any state statute.
[Amended 5-9-1990 by Ord. No. 5-1990; 2-18-2015 by Ord. No.
2-2015]
The probationary period is one year from the
date of completion of the police training course, or if already holding
a valid New Jersey Police Training Commission Certification, one year
from date of appointment.
[Amended 5-13-1987 by Ord. No. 5-1987; 3-17-1993 by Ord. No.
5-1993; 9-15-1999 by Ord. No. 11-1999; 2-18-2015 by Ord. No.
2-2015; 2-20-2019 by Ord. No. 3-2019]
Special law enforcement officers in the Borough of North Haledon shall be governed by N.J.S.A. 40A: 14-146.8 et seq, and appointed in accordance with the standards set forth in § 107-28A(1) through (7), D, E and F.
[1]
Editor’s Note: Former § 107-16, Temporary policemen,
as amended, was repealed 2-18-2015 by Ord. No. 2-2015.
[Amended 2-18-2015 by Ord. No. 2-2015]
No member of the Police Department shall be
eligible for promotion to a position as a sergeant until he/she shall
have served five years as a regular police officer.[1]
[1]
Editor's Note: Original § 2-21.20,
which immediately followed this section and set forth minimum physical
requirements for membership in the Police Department, was repealed
5-9-1990 by Ord. No. 5-1990.
[1]
Editor’s Note: Former § 107-18, Appointments based
on competitive examinations, was repealed 2-18-2015 by Ord. No. 2-2015.
Every member of the Police Department, before
entering upon the performance of his/her duties, shall take and subscribe
an oath or affirmation to bear true faith and allegiance to the government
established in this state under the authority of the people, to support
the Constitution of the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of his/her office,
which oath or affirmation shall be filed with the Borough Clerk.
[1]
Editor’s Note: Former § 107-20, Interference with
duties of police officers, was repealed 2-18-2015 by Ord. No. 2-2015.
[Amended 2-18-2015 by Ord. No. 2-2015]
The Detective Bureau shall consist of those
members of the Police Department who have been so assigned by the
Chief of Police.
[Added 8-13-1980 by Ord. No. 13-1980; amended 11-9-1988 by Ord. No. 31-1988; 10-16-1991 by Ord. No. 28-1991]
The governing body may directly appoint to the Police Department, without the necessity of submitting to any written examination, any person who is then presently serving as a full-time police officer with any other municipal, county or state police department or law enforcement agency or who is a graduate of a police academy specifically dedicated to training of full-time police officers. No written test shall be required of such person, except that the governing body, in its discretion, may require of such person compliance with such provisions of § 107-10 of the North Haledon Code as the governing body deems appropriate.
[Added 8-17-1988 by Ord. No. 21-1988; amended 5-9-1990 by Ord. No. 5-1990]
A fee schedule as provided in Chapter 275, Fees, is hereby provided.
[1]
Editor’s Note: Former § 107-24, Medical insurance
supplemental payments, added 9-16-1992 by Ord. No. 25-1992, was repealed
2-18-2015 by Ord. No. 2-2015.
[Added 6-15-2011 by Ord. No. 15-2011]
A.
Any person or entity, other than a public utility, requesting the services of an off-duty law enforcement officer in the Borough of North Haledon shall estimate the number of hours such law enforcement services are required, which estimate shall be approved by the Chief of Police and shall establish an escrow account with the Borough Chief Financial Officer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 275-3A for the total estimated hours of service. No off-duty law enforcement services shall be performed or posted until the escrow account required hereunder has been established and fully funded.
B.
In the event the funds in such escrow account should become depleted,
services of off-duty law enforcement officers shall immediately 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.
C.
The person or entity requesting such services of an off-duty police
officer shall replenish, or deposit additional funds into, the escrow
account required hereunder within 10 days of the request being made
for same by the Borough or any of its representatives. The person
or entity requesting such services of an off-duty police officer shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services.
D.
Notwithstanding the foregoing, in the event of an emergency and where
the establishment of an escrow account is not immediately feasible,
off-duty police services may be provided hereunder. In such an event,
the person or entity requesting such services shall remit payment
in full within 24 hours after billing.
[Added 2-18-2015 by Ord.
No. 2-2015]
The North Haledon 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 North
Haledon; 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.
[Added 2-18-2015 by Ord.
No. 2-2015]
In accordance with N.J.S.A. 40A: 14-118, the Mayor and Council
are hereby designated as the appropriate authority and are hereby
vested with the powers and duties of an appropriate authority as delegated
by law.
[Added 2-18-2015 by Ord.
No. 2-2015]
A.
Eligibility sworn officer. The general qualifications for employment
with the North Haledon Police Department shall be:
(1)
Must be a citizen of the United States and a resident of New Jersey;
(2)
Must possess a high school diploma, or equivalency;
(3)
Must be of good moral character;
(4)
Must be at least 18 years old;
(5)
Must not have been convicted of a crime;
(6)
Must possess a valid New Jersey driver's license;
(7)
Possess 60 college credits;
(8)
Possess a PTC Certification or;
(9)
Be a Special Police Officer Class II and current Borough employee.
C.
Preference. A candidate for employment may be given preference in
the selection process if such a candidate has previously been certified
by the New Jersey Police Training Commission as a law enforcement
officer and or a Class II Special Police Officer and is currently
serving as a Class II Special Officer in North Haledon.
D.
Background investigation. A background investigation will be conducted
on all candidates (sworn and nonsworn) for all positions prior to
appointment that will include at least the following:
(1)
A review of the candidate's application to confirm/verify meeting
eligibility requirements for the position applied for;
(2)
A check of the applicant's driving history, if driving is a requirement
of the position;
(3)
A fingerprint check for criminal record;
(4)
Candidates for sworn positions shall be checked against the New Jersey
Central Drug and Domestic Violence Registries;
(a)
All candidates for police officer shall be subject to a criminal
history check prior to the selection phase paying particular attention
to acts of domestic violence, sexual abuse, stalking, elder abuse,
or child abuse, including a check of the Domestic Violence Registry
to determine the existence of any active restraining orders and to
determine if there is a history of domestic violence.
(b)
Police officer candidates shall be interviewed about any history
of acts of domestic violence, sexual assault, stalking, elder abuse,
or child abuse and past or present restraining orders and their disposition.
Applications for employment to the position of police officer shall
be amended to require information on these topics.
(c)
Those police officer candidates with a history of perpetrating
acts of domestic violence, sexual assault, stalking, elder abuse or
child abuse shall be identified and declared ineligible for employment
as police officers.
(5)
Verification of at least three personal references.
E.
Medical exam. A medical exam will be conducted on all sworn candidates
prior to appointment, but after being given a conditional offer of
employment, to certify the general health of each candidate.
F.
Psychological exam. A psychological fitness examination of each candidate
for a sworn position will be conducted by a qualified professional
prior to appointment, but after being given a conditional offer of
employment. (Alternate route candidate's psychological exams may be
used in lieu of the Department sending the candidate for examination.)
G.
Selection process nonsworn positions.
(1)
All vacancies for nonsworn positions will be selected at the sole
discretion of the Mayor and Council pursuant to North Haledon Borough
policies and procedures. At a minimum the selection process shall
include:
(2)
The Chief of Police shall make a recommendation to the Mayor and
Council for employment.
H.
Promotion procedures. The Chief of Police, or his or her designated
representative, shall be responsible for coordinating the promotional
process pursuant to North Haledon ordinances.
I.
Promotional process.
(1)
Only officers who are members of this Department at the time of the
promotional process are eligible for consideration consistent with
New Jersey law.
(2)
In order to be eligible for promotion in the promotion process, candidates
must meet all the criteria established for such promotion on the date
of the vacancy announcement.
(3)
Sergeants' eligibility requirements: The candidate must have completed
a total of five years in the rank of officer in the North Haledon
Police Department and hold a Bachelor's Degree.
(4)
Lieutenants' eligibility requirements: The candidate must hold the
rank of Sergeant with the North Haledon Police Department for at least
two years.
(5)
Captains' eligibility requirements:
(a)
The candidate must hold the rank of Lieutenant with the North
Haledon Police Department for at least two years. If no candidates
hold the rank of Lieutenant, Sergeants shall be eligible for the position,
provided that they have served three years as a Sergeant.
(b)
If there is an existing Lieutenant(s) who elects not to participate
in the promotional process for Captain, the Department may consider
Sergeants for the position, provided that they have at least three
years of service as a Sergeant.
J.
Evaluation for promotion.
(1)
Candidates for promotion to Sergeant will submit to the following
process:
(a)
A written test and oral examination provided by the New Jersey
State Association of Chiefs' of Police.
(b)
Candidates must achieve a written exam score of at least 75%.
The written exam will be scored as pass/fail. Candidates passing the
written exam will be eligible to take the oral examination administered
by the New Jersey State Association of Chiefs of Police. Oral examinations
shall be on a pass/fail basis with a passing grade of 75%. Candidates
who do not achieve a passing grade are ineligible to move on with
the process. Those who pass are not ranked in any order. They are
to be shown as passed or failed only.
(c)
A review and evaluation of the candidate's personnel file by
the Chief of Police and the members of the Police Committee. This
review shall include discussions including commendations, employee
reviews, discipline record and early intervention summaries.
(d)
Due consideration shall be given to the length and merit of
service and seniority in accordance with the provisions of N.J.S.A.
40A:14-129, as amended.
(e)
The Chief of Police shall provide a recommendation to the Police
Committee.
(2)
Candidates for promotion to Lieutenant and Captain. 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.
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 of the candidate(s) by the
Chief of Police and the members of the Public Safety Committee.
K.
Promotional announcement. Whenever a vacancy occurs or a need for
a test arises for the filling of a position, a written announcement
shall be made at least 90 days before the start of the process.
(1)
The announcement shall contain the eligibility requirements;
(2)
The written announcement shall describe the position available;
(3)
The written announcement shall contain a description of the process
to be used in selecting personnel for the vacancy; and
(4)
Each officer intending to participate in the process must submit
a letter of intent no later than 10 days after the announcement to
the Chief of Police.
L.
Eligibility list. The Chief of Police shall submit an eligibility
list to the Mayor and Council following the promotional process. The
Mayor and Council will authorize the Chief of Police to maintain this
eligibility list for a period of 36 months in the event that vacancies
fall within that time. The period will start upon the passing of the
resolution promoting the officer(s) to the new rank.
M.
Approval of Mayor and Council. The Mayor and Council shall have the
final decision on all promotions.
N.
Appeal of process. Within 10 days of the decision of the Mayor and
Council on a promotion, 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. The Mayor and
Council and the Chief of Police will assess the request, and make
a determination of how the request will be addressed on a case-by-case
basis.
[Added 2-20-2019 by Ord.
No. 3-2019]
A.
Promotion procedures. The Chief of Police, or his or her designated
representative, shall be responsible for coordinating the promotional
process pursuant to North Haledon ordinances.
B.
Promotional process.
(1)
Only officers who are members of this Department at the time of the
promotional process are eligible for consideration consistent with
New Jersey law.
(2)
In order to be eligible for promotion in the promotion process, candidates
must meet all the criteria established for such promotion on the date
of the vacancy announcement.
(3)
Sergeants' eligibility requirements: The candidate must have completed
a total of five years in the rank of officer in the North Haledon
Police Department and hold a bachelor's degree as of the date of the
vacancy announcement.
(4)
Lieutenants' eligibility requirements: The candidate must hold the
rank of Sergeant with the North Haledon Police Department for at least
two years as of the date of the vacancy announcement.
(5)
Captains' eligibility requirements:
(a)
The candidate must hold the rank of Lieutenant with the North
Haledon Police Department for at least two years as of the date of
the vacancy announcement. If no candidates hold the rank of Lieutenant,
Sergeants shall be eligible for the position, provided that they have
served three years as a Sergeant.
(b)
If there is an existing Lieutenant(s) who elects not to participate
in the promotional process for Captain, the Department may consider
Sergeants for the position, provided that they have at least three
years of service as a Sergeant as of the date of the vacancy announcement.
C.
Evaluation for promotion.
(1)
Candidates for promotion to Sergeant will submit to the following
process:
(a)
A written test and oral examination provided by the New Jersey
State Association of Chiefs of Police.
(b)
Candidates must achieve a written exam score of at least 75%.
The written exam will be scored as pass/fail. Candidates passing the
written exam will be eligible to take the oral examination administered
by the New Jersey State Association of Chiefs of Police. Those who
complete both exams are not ranked in any order. They are to be shown
as passed or failed only.
(c)
A review and evaluation of the candidate's personnel file by
the Chief of Police and the members of the Police Committee. This
review shall include discussions, including commendations, employee
reviews, discipline record and early intervention summaries.
(d)
Due consideration shall be given to the length and merit of
service and seniority in accordance with the provisions of N.J.S.A.
40A:14-129, as amended.
(e)
The Chief of Police will schedule the oral interview with the
Police Committee and Police Department designees with the candidate.
(f)
The Chief of Police shall provide a recommendation to the Police
Committee.
(2)
Candidates for promotion to Lieutenant and Captain.
(a)
A review and evaluation of the candidate's personnel file by
the Chief of Police and the members of the Police Committee. This
review shall include discussions, including commendations, employee
reviews, discipline record and early intervention summaries, shall
be based on the aforementioned statutory factors and a review of the
performance of the candidate by the Chief of Police and the members
of the Public Safety Committee.
(b)
Due consideration shall be given to the length and merit of
service and seniority in accordance with the provisions of N.J.S.A.
40A:14-129, as amended.
(c)
The Chief of Police will schedule the oral interview with the
Police Committee and Police Department designees with the candidate.
(d)
The Chief of Police shall provide a recommendation to the Police
Committee.
D.
Promotional announcement for Sergeant. Whenever a vacancy occurs
and an active eligibility list does not then exist creating a need
for a test to fill a position, a written announcement shall be made
at least 90 days before the start of the process.
(1)
The announcement shall contain the eligibility requirements;
(2)
The written announcement shall describe the position available;
(3)
The written announcement shall contain a description of the process
to be used in selecting personnel for the vacancy; and
(4)
Each officer intending to participate in the process must submit
a letter of intent no later than 10 days after the announcement to
the Chief of Police.
E.
Eligibility list. The Chief of Police shall submit an eligibility
list to the Mayor and Council following the promotional process. The
Mayor and Council will authorize the Chief of Police to maintain this
eligibility list for a period of 36 months in the event that vacancies
fall within that time. The period will start upon the passing of the
resolution promoting the officer(s) to the new rank.
F.
Approval of Mayor and Council. The Mayor and Council shall have the
final decision on all promotions.
G.
Appeal of process. Within 10 days of the decision of the Mayor and
Council on a promotion, 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. The Mayor and
Council and the Chief of Police will assess the request, and make
a determination of how the request will be addressed on a case-by-case
basis.
