A. 
Office of the Chief. The Chief of Police is responsible for the general direction, control and supervision of the Police Department as authorized and provided for by statute, ordinance and these rules.
B. 
Patrol Division. The Patrol Division is responsible for the performance of the following functions.
(1) 
Preventive patrol activities.
(2) 
Protection of life and property, preservation of the peace, enforcement of the law and suppression of crime.
(3) 
Investigation of police incidents and minor crimes and preliminary investigation of serious crimes.
(4) 
Traffic law enforcement, traffic control and traffic accident investigation.
(5) 
Assignment control and supervision of special policemen and school crossing guards.
(6) 
Processing, indexing and filing of reports and case files, and miscellaneous record services to the public and the Department.
(7) 
Reception of all complaints, reports of crime and requests for police services from the public and dispatching of personnel to investigate these cases.
(8) 
Operation of all radio and communications equipment.
(9) 
Arranging for basic in-service and specialized training for Department personnel and maintaining training records.
(10) 
Providing maintenance programs and procedures for vehicles, communications and other equipment.
C. 
Investigation Division. The Investigation Division is responsible for the performance of the following functions:
(1) 
Follow-up investigations of serious crimes and vice crimes.
(2) 
Preparation of cases for prosecution.
(3) 
Recovery of stolen property.
(4) 
Performance of all identification functions.
(5) 
Prevention and control of juvenile delinquency.
(6) 
Processing of juvenile offenders.
(7) 
Maintaining liaison with the juvenile courts.
D. 
General. Duties and responsibilities are not limited to those listed herein. Other duties and responsibilities may be assigned as necessary to accomplish the objective of the Department.
E. 
Detective Bureau.
(1) 
Creation and establishment. A Detective Bureau is hereby created and established in the Police Department of the Borough of Demarest, which shall operate and function under the supervision of the Chief of Police.
(2) 
Appointments. The Chief of Police, as he deems it necessary, may assign and detail any officer or member of the Police Department, not to exceed three in number, to duty in the Detective Bureau or transfer any police officer serving the Detective Bureau from said Detective Bureau to duty in the uniformed division of the Police Department.
(3) 
Ranks; salary. The ranks in the Detective Bureau may consist of the following: Detective Captains, Detective Lieutenants, Detective Sergeants and Detectives. The police officers assigned to duty in the Detective Bureau holding any of the aforementioned ranks shall receive the same salary and other benefits as are received by police officers of similar rank serving in the uniformed division of the Police Department as provided by the Salary Ordinance of the Borough of Demarest. A police officer serving with the rank of Detective in the Detective Bureau shall receive the salary designated for a patrolman with three or more years of service in the Salary Ordinance of the Borough of Demarest.[1]
[1]
Editor's Note: A copy of the annual Salary Ordinance is on file in the office of the Borough Clerk.
(4) 
Commanding officer. The Detective Bureau shall operate under the immediate command of the superior officer assigned to duty in said Detective Bureau by the Chief of Police. Said superior officer in command of the Bureau shall at all times be subject to the orders and directions of the Chief of Police.
(5) 
Responsibilities of commanding officer. The superior officer in command of the Detective Bureau shall be responsible for the proper and efficient operation of the Bureau. He shall be responsible for the supervision of all Bureau activities and the assignments of all police officers assigned to duty in the Bureau. He shall submit monthly and yearly reports, in writing, of the activities of the Detective Bureau to the Chief of Police on dates specified by the Chief.
(6) 
Authority and jurisdiction of superior officer. A superior officer assigned to duty in the Detective Bureau shall have such authority and jurisdiction over subordinates in said Bureau as such a ranking officer has in the uniformed division of the Police Department.
(7) 
Functions and duties of Bureau. The duties of the police officers assigned to duty in the Detective Bureau shall include the following:
(a) 
The investigation and solution of all crimes committed within the Borough.
(b) 
Exerting all efforts to prevent the commission of crimes in the Borough.
(c) 
The maintenance of proper written reports and records of all investigations conducted.
(d) 
The execution of all orders for investigation and police action issued by the Chief of Police.
(e) 
Obeying all the rules of the Police Department.
(8) 
Extradition cases. No police officer assigned to the Detective Bureau shall act as agent in an extradition case unless he has been so assigned by the commanding officer of the Bureau and has first had all his expenses involved in such matter approved for payment by the County of Bergen or State of New Jersey.
(9) 
Work schedules. All police officers serving in the Detective Bureau shall work according to schedules prepared by the commanding officer of the Bureau and shall be subject to the orders and directions of such commanding officer.
F. 
Mandatory assignments. The following assignments shall be mandatory, unless the Chief of Police, upon annual review, deems said assignment to be no longer necessary: not more than two police officers may be assigned as full-time School Resource Officers at the discretion of the Chief of Police, at no differential of pay.
[Added 12-19-2005 by Ord. No. 919]
A. 
Department positions.
[Amended 12-19-2005 by Ord. No. 919]
(1) 
There is hereby created in and for the Borough of Demarest, a Police Department which shall consist of not more than the following:
(a) 
One Chief of Police;
(b) 
One Captain;[1]
[1]
Editor's Note: Former § 40-5A(1)(b), One Deputy Chief of Police, of the 1983 Borough Code was repealed 2-24-2014 by Ord. No. 1013, which also provided for the redesignation of Subsection A(1)(c) through (f) as Subsection A(1)(b) through (e).
(c) 
Two Lieutenants;
(d) 
Four Sergeants; and
(e) 
Eleven police officers.
(2) 
The foregoing shall constitute the Table of Organization of said Police Department of the Borough of Demarest. [Reuter v. Borough of Fort Lee, 167 NJ 38(2001).]
B. 
Rank and seniority. When officers are of the same grade, they shall rank according to their seniority determined by time in rank. When two or more officers are appointed to the same grade on the same day, each shall rank according to his respective position on the eligibility list which determined the order of his appointment to that grade.
A. 
Chief of Police. The Chief of Police shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operation of the Police Department, and he shall, pursuant to policies established by the appropriate authority:
[Amended 5-16-1988 by Ord. No. 650]
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(2) 
Have, exercise and discharge the functions, powers and duties of the force.
(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 force to be exercised under this direction and supervision.
(5) 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority.
B. 
Commanding officers. Subject to direction from higher command, a commanding officer has direct control over all members and employees within his command. In addition to the general and individual responsibilities of all members and employees and supervisory officers, a commanding officer is responsible for the following:
(1) 
Command. The direction and control of personnel under his command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures, and the provision for continuation of command and supervision in his absence.
(2) 
Loyalty and esprit de corps. The development and maintenance of esprit de corps and loyalty to the Department.
(3) 
Discipline and morale. The maintenance of discipline and morale within the command and the investigation of personnel complaints not assigned elsewhere.
(4) 
Interdepartment action. The promotion of harmony and cooperation with other units of the Department, and the initiation of proper action in cases not regularly assigned to his command when delay necessary to inform the proper unit might result in a failure to perform a police duty.
(5) 
Organization and assignment. Organization and assignment of duties within his unit to assure proper performance of Department functions and those of his command.
(6) 
Reports and records. Preparation of required correspondence, reports and maintenance of records relating to the activities of his command and assurance that information is communicated up and down the chain of command as required.
(7) 
Maintenance. Assurance that quarters, equipment, supplies and materials assigned to his command are correctly used and maintained.
C. 
Shift commander. The shift commander, during his tour of duty, exercises the same authority and has the same responsibilities as his commanding officer, subject to higher authority. In the absence of the shift commander, the senior available member of the shift is in charge unless otherwise provided. In addition to the general and individual responsibilities of all members and employees, the shift commander is specifically responsible for the following:
(1) 
Good order. The general good order of his command during his tour of duty, to include proper discipline, conduct, welfare, field training and efficiency.
(2) 
Roll call. Conduct of prescribed roll calls, communication of all orders or other information at roll call and inspection and correction of his command as necessary.
(3) 
Reporting. Reporting as required by a commanding officer.
(4) 
Personnel complaints. Inquiry into personnel complaints against members and employees under his command in accordance with the provisions of this chapter.
D. 
Supervisory officers. In addition to the general and individual responsibilities of all members and employees, supervisory officers are specifically responsible for the following:
(1) 
Supervision. Closely supervising the activities of their subordinates, making corrections where necessary and commending where appropriate.
(2) 
Leadership. Providing on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved.
(3) 
Direction. Exercising direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. Exercise of command may extend to subordinates outside their usual spheres of supervision if the police objective or reputation of the Department so requires or if no other provision is made for personnel temporarily unsupervised. This authority shall not be exercised unnecessarily. If a supervisor requires a subordinate other than his own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible.
(4) 
Enforcement of rules. Enforcement of Department rules and regulations and requiring compliance with Department policies and procedures.
(5) 
Inspection. Inspection of activities, personnel and equipment under their supervision and initiation of suitable action in the event of a failure, error, violation, misconduct or neglect of duty by a subordinate.
(6) 
Assisting subordinates. Having a working knowledge of the duties and responsibilities of his subordinates and observing contact made with the public by his subordinates and being available for assistance or instruction as may be required. He shall respond to calls of serious emergencies, crimes in progress, assaults and others unless actively engaged in a police incident. He should observe the conduct of the assigned personnel and take active charge when necessary.
Patrolmen are responsible for performing a variety of duties related to the protection of life and property, enforcement of criminal and traffic laws, prevention of crime, preservation of the public peace and the apprehension of criminals. They will perform these duties as prescribed in department orders and as directed by their supervisors. In addition to these and the general and individual responsibilities of all members and employees, patrolmen are specifically responsible for the following:
A. 
Police mission. A patrolman is responsible for the accomplishment of the police mission on his beat. He shall constantly be alert for violations of the laws and ordinances and shall make every effort to prevent breaches of the peace and offenses against persons and property. He shall be held accountable for crime, accidents, disorders and other criminal conditions on his beat.
B. 
Reporting for duty. He shall report promptly at the designated hour and place, in proper uniform, for assignment and inspection. He shall listen attentively to orders and instructions of his superior officers and read such materials as are made available to him. He shall make written memoranda of such information as necessary and shall immediately proceed to his beat upon completion of these tasks.
C. 
Familiarization with beat. A patrolman shall thoroughly familiarize himself with his beat. He shall be familiar with all public businesses, offices and their entrances, exits, skylights, fire escapes and other possible means of escape. While making security checks of doors, he shall familiarize himself with the locations of safes and night-lights. Changes in night-lights will be particularly noticed.
D. 
Method of patrol. During his tour of duty the patrolman shall continuously patrol every part of his beat, giving attention to and frequently rechecking locations where the crime hazard is greatest. As far as possible, he shall not patrol his beat according to any fixed route or schedule but shall alternate frequently and backtrack in order to be at the location least expected.
E. 
Unlocked buildings.
(1) 
When a door or window is found open under suspicious or unusual circumstances on any tour of duty, an officer shall make a thorough investigation and determine, if possible, whether a burglary or other crime has been committed and whether the door or window can be secured. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows and shall notify his headquarters.
(2) 
Under circumstances indicating that an intruder is still inside a building, the officer discovering same should immediately summon assistance and then stand guard. When the assistance arrives, he may enter and search the building.
F. 
Field interviews. At night when the occasion demands it, the patrolman shall courteously but firmly question persons on the public streets as to their names, addresses, reason for being on the street and other matters relating to the circumstances. In all cases, good judgment and discretion should be used in making a decision to arrest.
G. 
Vice suppression. Uniformed officers shall give particular attention to places where vice violators might congregate. They shall use every lawful means to suppress the illegal activities of such persons, prosecute them and require all such establishments to be conducted in accordance with municipal ordinances and state laws and shall report all violations.
H. 
Traffic law enforcement. Motorized patrolmen are charged with the enforcement of all provisions of local and state traffic codes. Failure to take appropriate action in traffic violations cases is considered neglect of duty.
I. 
Complaint action. A patrolman shall carefully investigate all complaints on or near his beat which are assigned to him or which are brought to his attention by citizens. He shall take suitable action in those cases which come under his jurisdiction and inform interested parties of the laws or ordinances relative to the particular complaint or incident. If the legal remedy of the complaint lies outside of the jurisdiction of the Police Department, he shall advise the complainant accordingly and refer him to the proper authority.
J. 
Preliminary investigations. At the scenes of major crimes, subject to direction of higher authority, the first officer at the scene, after it has been established that the perpetrator is no longer present, will begin the preliminary investigation, except in the case of homicide or apparent homicide. In those instances, a member of the Detective Bureau will be called to the scene immediately. In all instances, members not assigned will not enter the premises or do any other thing that might interfere with the investigation or destroy evidence. In cases of homicide, the first duty of the beat officer is to guard the scene, excluding all unauthorized persons, and to detain all witnesses for interrogation.
K. 
Radio failure. Motorized patrolmen shall pay strict attention to all regular radio transmissions. When they fail to hear any radio transmissions or time signals for a period not to exceed 15 minutes, they shall immediately call the dispatcher for a special test. If after three attempts the officer fails to receive an acknowledgment, he shall immediately contact the desk officer by telephone. In case of radio trouble, the officer shall notify his shift commander and/or dispatcher of the nature of the trouble.
A. 
A member of the Department assigned to desk duty shall keep a record of all calls received and dispatched; the time, location and nature of the complaint; the name and address of the complainant; and the time a police car is in or out of service, and he shall place his identification before each entry on the record.
B. 
He shall answer all calls without delay and shall not allow any interference with the prompt and efficient conduct of police business.
C. 
He shall be courteous, prompt and alert on all calls. Abrupt, brusque or uncivil response to calls will not be tolerated.
D. 
He shall answer all telephone calls of the Department and state "Demarest Police," his title and name.
E. 
He shall report the failure of any officer to acknowledge receipt of a message.
F. 
He shall have a thorough knowledge of the streets of the Borough.
G. 
He shall, when reporting for duty, inquire of the person being relieved as to any unfinished business so that there may be no possibility of a misunderstanding of the same.
H. 
He shall be responsible for the 12:00 noon signal on Monday through Friday and all fire and first aid signals.
I. 
A member of the Department assigned to desk duty is responsible for removing all persons from headquarters except members of the Department and persons having actual police business or police matters to attend to.
J. 
In no case shall be allow anyone except members of the Department, the Mayor or members of the governing body behind the police desk, except for cleaning purposes and the repair or installation of equipment.
K. 
The radio failure procedure for the desk officer will be generally the same as described in § 40-7K.