Note: The enabling statute for ordinances relating to the
Police Department is N.J.S.A. 40A:14-118 et seq.
[1972 Code § 4-1; Ord. No. 74-5 § I; Ord. No. 96-10 § 1; Ord. No. 98-5 § 1; Ord. No. 98-12 § 1; Ord. No. 99-5 § 1; Ord.
No. 01-12 § 1; Ord. No.
07-23 § 1; New; Ord. No.
11-20; Ord. No. 14-13; Ord. No. 2016-14; amended 3-21-2018 by Ord. No. 18-04; 11-21-2018 by Ord. No. 18-33; 4-21-2021 by Ord. No. 21-06; 11-24-2021 by Ord. No.
21-28; 7-20-2022 by Ord. No. 22-10]
a. The Police Department of the Borough of Woodland Park is hereby established.
b. The Table of Organization for the Police Department of the Borough
of Woodland Park shall be as follows:
7. Such other probationary officers, special police, police matrons,
marshals, traffic officers, school traffic officers, radio communications
officers, and other personnel as the Council may, from time to time,
authorize in accordance with applicable statute, rule or regulation.
c. The existing full-time Police Department and the status, tenure and
rights of the members thereof are continued in force in all regards
except to the extent of the force reduction provided for herein.
d. It must be noted that any position which is currently occupied by
a member of the Police Department and slated for reduction shall remain
active and on the Table of Organization until a vacancy is created
in the said position.
e. Notwithstanding the limitations set forth above, no officer who is
currently employed by the Borough shall be removed from his position
or reduced in rank as a result of this Table of Organization; however,
in the event of a vacancy occurring in any of the Lieutenant positions,
the number of Lieutenants shall immediately be reduced to three.
[Ord. No. 96-10 §§ 3,
4; deleted by Ord. No. 2017-26]
[Ord. No. 96-10 §§ 5—7;
deleted by Ord. No. 2017-26]
[1972 Code § 4-2; New]
The Police Department, through the Chief of Police, shall:
Preserve the public peace, protect life and property, prevent
crime, detect and arrest offenders against the penal laws and ordinances
effective within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
Administer and enforce laws and ordinances to regulate, direct,
control and restrict the movement of vehicular and pedestrian traffic
and the use of the streets by vehicles and persons to protect the
safety and facilitate the convenience of motorists and pedestrians,
and make and enforce rules and regulations not inconsistent with the
ordinances of the Borough for these purposes.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate department.
Respond to all fire alarms and assist the Fire Department in
the protection of life and property, in regulating traffic, maintaining
order, and in enforcing observance of the Fire Prevention Code. The
Chief of the Fire Department may request the Chief of Police or the
Officer in charge at the time of any emergency to provide the assistance
of the Police reserves.
Provide for the attendance of its members in court as necessary
for the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
Operate a training program to maintain and improve the efficiency
of the members of the Police Department.
Make, administer and enforce rules and regulations for the disposition,
conduct and discipline of the Department.
[1972 Code § 4-3; Ord. No. 2017-26]
No person shall be appointed to the Police Department who is
not qualified as provided in New Jersey Statutes and Regulations.
The selection criteria for a Police Officer shall be established in
Department Policy consistent with New Jersey Statutes and Regulations.
[1972 Code § 4-4]
Each member of the Police Department shall, before entering
upon the performance of his duties, take and subscribe an oath to
bear true faith and allegiance to the government established in this
State, to support the Constitution of the United States of America
and the State of New Jersey, and to faithfully, impartially and justly
discharge and perform all the duties of his office. This oath or affirmation
shall be filed with the Municipal Clerk.
[1972 Code § 4-6; Ord. No. 2017-26 § 2]
All appointments and promotions to positions covered by Civil
Service shall be made in accordance with the appropriate civil service
statutes and rules and regulations.
[1972 Code § 4-7; New; Ord. No.
2017-26 §§ 2,4]
The probationary period shall be in compliance with the New
Jersey Administrative Code and Civil Service Regulations.
[1972 Code § 4-9.1; Ord. No. 03-18; New; Ord. No. 2017-26 §§ 2, 5]
There is hereby created within the Police Department the position
of Chief of Police. The Chief of Police shall be directly responsible
to the Mayor, as the Appropriate Authority, for the efficiency and
routine day-to-day operations thereof, pursuant to policies established
under N.J.S.A. 40A:14-118. The Chief of Police shall:
a. Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
b. Have, exercise, and discharge the functions, powers and duties of
the force.
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 force 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 such authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such authority.
[1972 Code § 4-9.2; deleted by Ord. No. 2017-26 § 1]
[1972 Code § 4-10; Ord. No. 2017-26 § 2]
The powers and duties of the members of the Police Department,
including Temporary Officers and Special Law Enforcement Officers,
shall be those prescribed by the laws of the State of New Jersey governing
municipal Police Departments generally, by the Charter, ordinances
and resolutions of the Borough and any rules and regulations which
may be established by the Chief of Police.
[1972 Code § 4-12; New; Ord. No.
2017-26 § 2]
Full-time member and employees of the Police Department shall
receive annual vacation leaves in accordance with the effective collective
bargaining agreement.
[1972 Code § 4-13.2; Ord. No. 2017-26 §§ 2, 6]
Discipline of employees and police officers will be imposed
consistent with New Jersey State Statutes and Regulations and the
Rules and Regulations of the Woodland Park Police Department. The
written charges will be proffered by the Chief of Police or designee
as provided in the New Jersey Statutes, Regulations and the Rules
and Regulations of the Woodland Park Police Department. Police officers,
special police officers, and employees may also be subject to discipline
for violating other statutes, ordinances, and/or policies.
[1972 Code § 4-14; Ord. No. 2017-26 § 2]
Upon his appointment there shall be furnished to each Police
Officer a uniform, badge and other necessary equipment, at the expense
of the Borough, which shall remain the property of the Borough and
which shall be maintained by the officer in a clean and usable condition.
In addition, an inventory of the uniforms and equipment shall be taken
by the Chief of Police at the end of each calendar year to determine
the need for replacement or new appointment. In the event that equipment
may be needed or replaced, the Chief of Police shall make a recommendation
to the Mayor and Council.
[1972 Code § 4-15; Ord. No. 2017-26 § 2]
All firearms which may be provided by the Borough shall remain
the property of the Borough.
[1972 Code § 4-17; New; Ord. No.
2017-26 § 2]
The Mayor may appoint any number of Special Law Enforcement
Officers as the Council may authorize, for a term not exceeding one
(1) year, and revoke appointments without cause or hearing. Special
Law Enforcement Officers shall carry out their duties and responsibilities
under the direction and supervision of the Chief of Police and their
powers, rights and duties shall be specifically defined by the Chief
of Police. The powers, rights and duties, however, shall immediately
cease at the expiration of the term for which they were appointed,
or upon revocation of their appointment. The aforesaid Special Law
Enforcement Officers shall not carry a revolver or other weapon at
any time except as otherwise directed by the Chief of Police and qualified
as required by Statutes.
No person shall be appointed as a Special Law Enforcement Officer
unless he is a citizen of the United States, is able to read, write
and speak the English language, is physically qualified, of good moral
character, and shall not have been convicted of any crime. Reports
shall be made by the Chief of Police to the Mayor concerning the eligibility
and qualifications of any person proposed to be appointed as a Special
Law Enforcement Officer.
Editor's Note: Prior ordinance history: 1972 Code §
4-18; Ordinance No. 80-4.
[Ord. No. 2017-26 §§ 2,
7]
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.
a. 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 their enforcement. All employees of the Police
Department shall be subject to such rules and regulations and penalties.
[Ord. No. 2017-26 §§ 2,
7; Ord. No. 2017-29]
b. The Revised Rules and Regulations of the Woodland Park Police Department,
attached hereto, are hereby adopted by reference on October 4, 2017
by Ordinance No. 17-29.
[Ord. No. 2017-29]
[Prior Subsection 4-14.3, Appointments to Department: Qualifications,
was repealed 7-19-2023 by Ord. No. 23-15. History includes 10-20-2021 by Ord. No.
21-21]
[Ord. No. 01-10 § 4-19; Ord. No. 11-17; Ord. No.
14-17; Ord. No. 2017-26 §§ 2, 8; amended 12-18-2019 by Ord. No. 19-14]
a. Policy. Member of the Police Department shall be permitted to accept
employment as safety or security personnel for private employers 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.
b. Requesting Assignment of Off-Duty Police Officers Procedure.
Any organization or contractor 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 of Police 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.
Any organization or contractor that desires to employ off-duty
members of the Department shall submit the request in writing to the
Chief of Police on a form prescribed by the Chief of Police. The organization
or contractor shall hold the Borough harmless from any and all claims
that may arise as a result of the assignment of the member to the
organization or contractor. In addition, the organization or contractor
shall submit with its application a Certificate of Insurance that
shows evidence of not less than $1,000,000 in both personal liability
and comprehensive general liability insurance and $300,000 in property
damage coverage as well as a Certificate of Workmen's Compensation
Insurance. A non-profit religious or charitable organization may submit
a Certificate of Insurance in coverage amounts less than that set
forth herein upon the organization's representation contained
in its request that obtaining the required coverage would impose an
undue hardship on the organization and approved by the Governing Body.
c. Payment.
1. Private employers may pay to the Chief Financial Officer of the Borough
of Woodland Park, such hourly sum as is set forth herein or as may
be fixed from time to time by an ordinance adopted by the Governing
Body as compensation for such services. The Borough shall remit to
the member of the Police Department performing such off-duty service,
a portion of said hourly rate and the balance shall be retained by
the Borough for administrative expenses as established by this section
or by future resolution of the Governing Body.
If the estimated aggregate value of the services to be rendered
exceeds $1,000, the Borough may require the contractor or organization
to pay for the services in advance, whereby the fund shall be placed
in escrow and disbursed through payroll. The amount collected will
be based on an estimate of total number of hours required times the
hourly rates identified herein. Additional amounts shall be deposited
with the Borough if the actual expenses consume all of the deposited
funds. Police services may be discontinued until sufficient funds
are deposited. Any excess funds collected will be returned to the
contractor or organization 30 days after the last payroll in which
employees are paid for related services.
Upon completion of the off-duty work, the Police Department
shall prepare and submit to the private contractor an invoice of the
total cost for such off-duty work performed, which shall be paid (in
full) to the Borough within 15 days of being invoiced. The Borough
will pay the police officer(s) who provided off-duty services as soon
as the contractor's payment has been declared valid; or
2. Use of a Secondary Service Provider.
The Borough, at its discretion and in consultation with the
Chief of Police, may utilize a secondary service provide to handle
the administrative tasks associated with "off-duty police services
work" within the Borough. In the event that the Borough decides to
utilize a secondary service provider, the following procedure will
be followed:
(a) The Borough will utilize a secondary service to administrate and
perform the actions related to the off-duty employment process. These
actions will include, but are not limited to: Communicating with said
person or company to schedule off-duty jobs, scheduling the officers
for said jobs, invoicing the person or company and receiving escrow
and/or payments from the person or company in a manner set forth by
the secondary service provider. The secondary service provider may
charge an additional fee for services that are above and in addition
to the fee structure stated in this section and utilize business-type
collection rules as set forth in the contract/agreement between the
Borough and the secondary provider, which will be charged to the person
or entity that has requested "off-duty police services"; and
(b) The secondary service provider will reimburse the Borough via ACH
or other funds transfer methods, according to the fees set forth in
this section, due to the Borough and officer, in a timely manner,
usually coinciding with payroll periods for the jobs that the officers
have performed or were scheduled for in that period in accordance
with the above-listed rules of employment between the Borough and
the person or company seeking off-duty services.
d. Off-duty police rate and fee schedule.
1. The contractor will pay a permit fee to be paid to the Borough of
Woodland Park in the amount of $60 for each application.
2. The contractor(s) will be charged $95 per hour for traffic control
and security. This hourly charge will then be distributed in the following
manner: The Borough will receive $15 per hour for administrative costs
and $5 per hour for vehicle maintenance. The remaining $75 per hour
will be paid to the off-duty police officer. Please note that the
contractor(s) will be charged the above-stated rates for each additional
police officer.
3. Effective January 1, 2022, the contractor(s) will be charged $100
per hour for traffic control and security. This hourly charge will
then be distributed in the following manner: The Borough will receive
$15 per hour for administrative costs and $5 per hour for vehicle
maintenance. The remaining $80 per hour will be paid to the off-duty
police officer. Please note that the contractor(s) will be charged
the above-stated rates for each additional police officer.
4. Non-profit/charitable organizations: rates may vary, not to exceed
$60 per hour paid to the off-duty officer(s).
e. Lien for unpaid invoice.
If such invoice is not paid in full within 15 days, a lien is
hereby created in favor of the Borough of Woodland Park upon the property
and the owner of the property at which the work was performed as appears
on the most recent tax roll prepared by the Tax Collector. The lien
shall be in the amount of the total invoice plus costs, fees, expenses,
including attorneys' fees, and shall bear interest at the rate
provided by law for unpaid taxes. Such lien shall be prior to all
other liens on such lands or premises except the lien of municipal
taxes and shall be on parity with the lien of municipal taxes. Such
lien, when delinquent for more than 15 days, may be processed for
foreclosure in the same manner as delinquent municipal taxes.
f. Traffic plan approval.
If the off-duty work involves a contract to be done in or on
the roadways located within the Borough, a traffic plan must be submitted
and approved by the Police Department before work can commence.
[Ord. No. 77-3 § I; Ord. No. 2017-26 § 2]
The Mayor may appoint any number of Police Radio Dispatchers
as he deems necessary.
[Ord. No. 77-3 § II; Ord. No. 2017-26 § 2]
Persons appointed Police Radio Dispatchers pursuant to this
section shall be subject to Title II of the laws of the State of New
Jersey.
[Ord. No. 77-3 § III; Ord. No. 2017-26 § 2]
No person shall be appointed a Police Radio Dispatcher under
this section unless he or she:
a. Is a citizen of the United States.
b. Is a resident of the Borough of Woodland Park.
c. Is able to read, write, speak, and understand English sufficiently
to perform the duties of this position.
d. Has some knowledge of the laws, rules, regulations, standards, policies,
and procedures of the Federal Communications Commission and some knowledge
of the proper procedures used in taking accurate teletype messages.
e. Has the ability to work harmoniously with others and organize assigned
work and develop effective work methods and learn quickly from written
and oral explanations and demonstrations.
f. Has good health and freedom from disabling physical and mental defects
which would impair the proper performance of the required duties and
which might endanger the health and safety of oneself or others.
[Ord. No. 77-3 § IV; Ord. No. 2017-26 § 2]
The Police Radio Dispatchers shall perform the following duties:
a. Operate the police desk so as to receive and relay messages to police
patrol vehicles or other concerned personnel;
b. Operate a teletype machine for transmitting and receiving all teletype
messages;
c. Receive complaints from the public concerning crimes and police emergencies;
d. Broadcast orders to police radio patrol vehicles or patrolmen to
investigate complaints;
e. Relay instructions or questions from remote units;
f. Record calls broadcasted and complaints received;
g. May relay emergency calls and messages to fire, ambulance or other
emergency units;
h. Receive and file messages received on the police teletype;
i. Operate a telephone switchboard;
j. Prepare and maintain a variety of records such as police logs, blotters
and files convening roll call, assignments, complaints, radio and
teletype alarms and messages;
k. Receive visitors, ascertain their wants, provide them with information
and/or direct them to proper persons;
l. May check and make minor repairs and adjustments to radio and teletype
equipment; and
m. Do related work as required by the Chief of Police.
[Ord. No. 77-3 § VI; Ord. No. 2017-26 § 2]
All Police Radio Dispatchers appointed hereunder shall be under
the supervision and direction of the Chief of Police with all the
rules and regulations applicable to the conduct and decorum of Police
Radio Dispatchers as set forth and promulgated by the Chief of Police.
[Ord. No. 2017-26 §§ 2,
8]
The Mayor may appoint a member of the Municipal Council to the
position of Public Safety Chairperson for a term of one year and revoke
the appointment at any time without cause.
[Ord. No. 2017-26 §§ 2,
8]
The Public Safety Chairperson shall perform those duties delegated
and specifically defined by the Mayor pursuant to his executive power.
[Added 12-18-2019 by Ord. No. 19-15]
The position of Police Chaplain for
the Borough of Woodland Park Police Department is hereby created in
accordance with N.J.S.A. 40A:14-141. The position of Chaplain shall
be under and subject to the control of the Chief of Police.
Any person appointed as Chaplain
shall be an ordained clergyman in good standing in the religious body
from which he/she is selected. All Chaplains shall be subject to the
residency requirements of the Code of the Borough of Woodland Park.
The Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the rules and regulations
of the Borough of Woodland Park and shall be qualified in accordance
with N.J.S.A. 40A:14-141.
The duties of Police Chaplain shall
include, but not be limited to, assisting the Borough of Woodland
Park in death notifications, station house adjustments and any other
duties that may be assigned by the Chief of Police.
Any person appointed as Chaplain
shall serve for a period of one year from date of appointment and
shall continue in that capacity until he/she is terminated or reappointed
with the recommendation of the Chief of Police.
The Chief of Police may recommend
to the Mayor persons that he/she believes meet the qualifications
of N.J.S.A. 40A:14-141 as well as the rules and regulations of the
Borough of Woodland Park Police Department with reference to Chaplains,
if any. All applicants for the position of Chaplain shall be reviewed
by the Chief of Police and the Chairperson of Public Safety to determine
his/her qualifications in accordance with this section, and they shall
make recommendations to the Mayor regarding the appointment as Chaplain.
The Mayor shall appoint Chaplains in accordance with this section
with the advice and consent of Borough Council.