[1982 Code 46-1; Ord. No. 1038-25-00; Ord. No. 1045-4-01; Ord. No. 1063-22-01; Ord.
No. 1212-21-06; Ord. No. 1342-27-11; Ord. No. 1453-02-16]
a.
There is hereby constituted and established in the Borough of Little
Ferry a Police Department, a Police Chief, and a Police Director.
A Police Director may be appointed by the Mayor with the Consent of
the Borough Council. The Chief of Police may be appointed to serve
as Director, with or without additional compensation. The Police Director
is hereby designated as the "appropriate authority" pursuant to N.J.S.A.
40A:14-118 and for all purposes thereunder. The appropriate authority
shall promulgate rules and regulations for the operation of the Police
Department and shall hear disciplinary matters.
b.
In the situation wherein the position of "Chief of Police" or "Acting
Chief of Police" is vacant, then and in that case, the Police Director
would exercise the authority of the Chief of Police.
c.
In the situation wherein the position of Police Director is vacant,
then and in that case, the authorities of the Police Director would
revert to the Governing Body.
d.
Active Members of the Little Ferry Police Department shall be given
preference when hiring a Police Director. This provision is intended
to give a preference to active members of the Little Ferry Police
Department. The provision is not intended to preclude the Mayor and
Borough Council from hiring a Police Director who is not an active
member of the Little Ferry Police Department.
e.
The personnel of the Police Department shall consist of up to forty-one
(41) paid members.
[4-12-2022 by Ord. No. 1563-02-22; 12-16-2020 by Ord. No. 1541-12-20; 7-11-2023 by Ord. No. 1602-16-23]
[1982 Code § 46-2; New]
a.
The rules and regulations dated August 9, 2005, are hereby adopted
and shall be effective immediately. A copy of the rules and regulations
shall be furnished to each member of the Department.
b.
The rules and regulations may be amended, clarified and supplemented
from time to time by the approval of the Governing Body.
[1982 Code § 46-3; Ord. No. 1098-5-03]
a.
All appointments to the Police Department shall be made by a majority
of the Borough Council, with special reference to the fitness of the
person or persons appointed. Those persons desiring to be appointed
shall be required to submit to any testing procedures and examinations
(e.g., physical, mental, intellectual, technical proficiency) as the
Borough Council may, from time to time, direct, which examinations
shall be of the type as may then be conducted by any County, State
or national association of Chiefs of Police, by the State Police,
by other local governing units or as designed for or by the Borough
Council.
b.
All persons applying for appointment to the Police Department shall
satisfy one of the following criteria prior to sitting for any examination
referred to in paragraph a above:
1.
Shall possess an associate's degree from a college accredited by
the Middle States Association of Colleges and Schools, the New England
Association of Schools and Colleges, the North Central Association
of Colleges and Schools, the Northwest Association of Schools and
Colleges, the Southwestern Association of Colleges and Schools or
the Western Association of Schools and Colleges (hereinafter, "accredited
college");
2.
Shall have earned at least sixty (60) credits from such accredited
college;
3.
Shall have been employed by the Little Ferry Police Department as
a dispatcher, be an active member in good standing of the Little Ferry
Hose Company, the Little Ferry Hook and Ladder Company, or the Little
Ferry First Aid Corp., for at least one (1) year immediately preceding
the date of the examination and shall agree to secure an associate's
degree as set forth in paragraph b,1 above or to earn at least sixty
(60) credits as set forth in paragraph b,2 above at his/her own expense
within five (5) years from the date of appointment.
4.
Shall have been employed as a law enforcement officer in another
jurisdiction for at least one (1) year and shall agree to secure an
associate's degree as set forth in paragraph b,1 above or to earn
at least sixty (60) credits as set forth in paragraph b,1 above at
his/her own expense within five (5) years from the date of appointment;
or
5.
Shall have served at least two (2) years in the United States' military
service and shall agree to secure an associate's degree as set forth
in paragraph b,1 above or to earn at least sixty (60) credits as set
forth in paragraph b,2 above at his/her own expense within five (5)
years from the date of appointment.
c.
Any person appointed to the Police Department based upon the criteria
established in paragraph b,3, b,4 or b,5 who shall fail to earn such
associate's degree or sixty (60) credits within five (5) years, as
set forth therein, shall be subject to removal or termination.
d.
Testing Procedures for Entry Level Officers.
[Added 8-17-2021 by Ord.
No. 1558-16-21]
1.
Required Tests.
(a)
All applicants for the position of entry level police officer
will be administered the following tests, which will be weighted as
indicated:
(1)
Written test to be administered by an outside agency in compliance
with the standards and guidelines set forth by the New Jersey Police
Training Commission. Only the top 30 candidates with a minimum score
of 70% shall qualify for the next testing phase, physical agility.
(2)
Physical agility to be administered by the Bergen County Police
Academy. Only the top 20 candidates with a minimum score of 70% shall
qualify for the next phase, oral interview.
(b)
After both the written test and physical agility test scores
are considered, the top 20 candidates with the best combined scores
will be selected for an interview to be conducted by the New Jersey
Police Chief's Association.
(c)
After consideration of the applicants' interview with the New
Jersey Police Chief's Association, only the top 10 applicants shall
proceed to the next phase, interview with the Mayor and Counsel.
2.
Interview with the Mayor and Counsel.
(a)
The top 10 applicants shall be subject to an interview by the
Mayor and Counsel whereby, after said interviews are considered, the
Mayor and Counsel shall rank the applicants from 1 through 10.
(b)
The list shall be certified by the Mayor and Counsel and shall
remain in effect for a period of one year with the governing body
having the option to extend said period for up to two years.
e.
Alternate Police Testing and Hiring.
[Added 8-17-2021 by Ord.
No. 1558-16-21]
1.
The Alternate Route Program is a discretionary program that allows
the Mayor and Council to hire individuals who have successfully completed
the Basic Course for Police Officers (BCPO) as set forth by the Police
Training Commission under the direction of the New Jersey Division
of Criminal Justice. Individuals who are enrolled in or who have successfully
completed the academy portion of the Alternate Route Program will
be eligible to apply for a regular full-time position under this provision
of the Little Ferry Borough Code. This enables the Borough of Little
Ferry to consider candidates already trained without incurring the
significant financial and time commitment to train officers to supplement
the Little Ferry Borough Police Department ranks.
(a)
The Alternate Route Program was established pursuant to N.J.S.A.
52:17B-69.2, which allows a person who completes a training course
pursuant to Section 2 of P.L. 1998, c. 146 (N.J.S.A. 52:17B-69.1),
shall only be eligible for appointment as a permanent full-time member
of a department or force.
(b)
This process will allow the Chief of Police and the Mayor and
Counsel to target and recommend to hire individuals who will contribute
to overall Police Department excellence and have an immediate impact
on the manpower and/or diversity of the Department. The Alternate
Route Program is purposely flexible so as to allow for consideration
of many varied candidates and allows this premised on the need to
diversify the Little Ferry Police Department and maintain an appropriate
number of officers on the street.
(c)
All candidates hired under the Alternate Route Program must
receive the Police Training Commission BCPO certificate from the school
director within the probationary period as so designated by the Chief
of Police or the employment will be terminated on or before the one-year
anniversary.
2.
Candidates who are currently SLEO II certified and eligible for a
BCPO waiver from the Police Training Commission (PTC) shall also be
considered under the Borough's Alternate Police Testing/Hiring Program.
3.
Candidates who currently possess the BCPO Certification from the
Police Training Commission (PTC) shall also be considered under the
Borough's Alternate Police Testing/Hiring Program.
4.
Notwithstanding the eligibility hiring list process, the Council,
upon written recommendation from the Chief of Police, may make appointments
to fill vacancies in accordance with the provisions of N.J.S.A. 52:17B-69.1
and 52:17B-69.2.
5.
The purpose of this subsection is to permit the hiring of individuals who are sworn officers in other jurisdictions or who have been or are eligible to be certified by the New Jersey Police Training Commission under the Alternate Route Program or SLEO II BCPO waiver program. These appointees must meet all standards set forth under Subsection 2-24.4, Qualifications.
6.
The following screening process will be utilized:
(a)
Alternate hiring candidates upon submission of an application
and invitation from the Chief of Police will participate in the oral
interview process with the Chief of Police and his two designees.
Upon completion of said interviews the Chief of Police will recommend
up to 10 candidates to the Mayor and Council for interviews. Upon
completion of the Mayor and Council interviews the candidates will
be ranked 1 up to 10.
(b)
Upon completion and ranking of candidates by the Mayor and Council
and before being offered a position each candidate must pass a background
investigation; physical examination; medical examination, and a psychological
examination.
(c)
Any alternate hiring applicant failing any phase of the hiring
process as outlined above will cease to be a candidate for the position
of Police Officer in the Little Ferry Borough Police Department.
[1982 Code § 46-4]
a.
Each member and officer of the Police Department, prior to his appointment as such, shall be a citizen of the United States of America. In addition, all appointees to the Police Department shall be sound in body and mind and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that such appointee is eligible for membership in the retirement system. All appointees shall be able to read, write and speak the English language well and intelligently and be of good moral character. No person who has been convicted of any crime constituting an indictable offense or who has been convicted of any crime or offense involving moral turpitude shall be appointed to the Police Department. No person shall be appointed to the Police Department who is less than eighteen (18) or more than thirty-five (35) years of age at the time of appointment, except as may be modified by law. All appointees shall have satisfied all of the criteria set forth in subsection 2-24.3a and timely satisfied one of the criteria set forth in subsection 2-24.3b. Each appointee shall comply with all of the laws of the State of New Jersey pertaining to eligibility requirements for police officers.
b.
All initial appointments of duly qualified applicants shall be made
in the following order and in the manner provided in N.J.S.A. 40A:14-123.1a,
giving priority for such appointment in accordance with residence:
c.
No person shall be given or accept permanent appointment as a police
officer in the Borough unless such person has been given a probationary
or temporary appointment to such office for a period of one (1) year
after successfully completing a police training course at a school
approved and authorized by the Police Training Commission in the Department
of Law and Public Safety of the State of New Jersey, pursuant to the
provisions of N.J.S.A. 52:17B-66 et seq.
[1982 Code § 46-5]
The Mayor and Borough Council may appoint special law enforcement
officers consistent with the terms and conditions set forth in the
Special Law Enforcement Officers' Act, N.J.S.A. 40A:14-146.8 et seq.
[1982 Code § 46-6]
At the reorganization meeting of the Borough Council in January
of each year, or as soon thereafter as this matter can be reached,
the Borough Council shall appoint a member of the Borough Council
as Chairman of the Police Committee, and that person shall be known
as the "Police Commissioner" or "Chairman of the Police Committee."
[1982 Code § 46-7]
a.
The relative rank of the members of the Police Department shall be
as follows: Chief, Captain, Lieutenant, Sergeant and patrolman.
b.
Command shall be exercised by virtue of rank, and in cases of equal
rank, by length of service and where equal, by length of service in
the next preceding rank.
c.
During the temporary absence of a commanding officer, the command
automatically devolves upon the person next in rank.
d.
The relative rank of members assigned to the Detective Bureau shall
be superior to that of the corresponding relative rank of the uniformed
members of the Department: that is, a Captain assigned to the Detective
Bureau shall outrank a Captain; a Lieutenant assigned to the Detective
Bureau shall outrank a Lieutenant; a Sergeant assigned to the Detective
Bureau shall outrank a Sergeant; and a patrolman assigned to the Detective
Bureau shall outrank a patrolman.
e.
Upon all occasions when a body of members of the Department is assembled,
the ranking officer present shall assume command and shall be held
responsible for the official action and conduct of those present and
for the good condition of everything entrusted to his charge. He shall
be familiar with all that concerns his command and he shall exact
from his subordinates efficient performance of duty.
[1982 Code § 46-8; Ord. No. 1038-25-00; Ord. No. 1045-4-01]
a.
Position Established. There is hereby established the position of
Police Director, who shall serve as the appropriate authority, which
position may be filled or remain unfulfilled at the discretion of
the Mayor and Borough Council. The position shall be assigned to the
unclassified service.
b.
Method of Appointment. The Police Director, shall be appointed by
the Mayor and Borough Council.
c.
Term. The term of the Police Director shall be indefinite and he/she shall serve subject to the provisions of this Code. The Police Director shall be deemed a municipal employee for purposes of Chapter 9, Personnel Policies.
d.
Authority and Duties. The Police Director shall have and exercise
the following authorities and duties:
1.
The Police Director shall (subject to the terms and provisions of
this subsection and the rules and regulations herein established)
generally supervise, manage and direct the operation and activities
of the Police Department.
2.
The Police Director shall issue such orders and give such instructions
as he/she may deem necessary and proper from time to time in the operation,
administration and management of the Police Department.
3.
The Police Director shall, in the event of an emergency declared
by the Chief of Police or by other authorized public official, provide
for the temporary employment of such persons as he/she may deem necessary
to meet the emergency after consultation with the chief of Police;
provided however, that persons so temporarily employed shall not,
by reason of their employment, become permanent members of the Police
Department; and provided further, that persons so employed may be
disciplined and/or discharged from such employment by the Police Director
or by the Mayor and Borough Council, as below provided.
4.
The Police Director shall issue and sign all his/her written orders
and shall deliver one (1) copy to the Chief of Police and shall cause
another copy to be posted on the bulletin board at the Police Headquarters,
if appropriate.
5.
The Police Director shall inspect the time sheets submitted by the
Chief of Police and, if the same be found to be correct, he shall
endorse his approval thereon and deliver such time sheets to the Borough
Administrator, the Borough Clerk and the payroll department in order
that proper warrants for payment may be issued.
6.
Subject to the approval of the Mayor and Borough Council, the Police
Director shall adopt and promulgate rules and regulations for the
government and organization of the police force and for the discipline
of its members, and special emergency directives.
7.
The Police Director shall confer with the Mayor and Borough Council
and with the Borough Administrator in matters relating to the operations
of the Police Department and shall from time to time issue such reports
as deemed appropriate.
8.
The Police Director or his/her designee shall act as hearing officer
with respect to disciplinary charges and written complaints filed
pursuant to N.J.S.A. 40A:14-147, and/or charges issued under the Police
Department rules, and he/she shall issue a determination imposing
the appropriate discipline except as to recommendations of removal,
which recommendations shall be reviewed and determined by the Mayor
and Borough Council.
[1982 Code § 46-8; Ord. No. 1038-25-00; Ord. No. 1045-4-01]
a.
Authority and Duties. The Chief of Police shall have and exercise
the following authority and shall perform the following duties:
1.
The Chief of Police shall serve as the executive officer of the Police
Department and shall command the personnel assigned to it.
2.
The Chief of Police shall report to the Police Director with such
frequency as the Police Director shall require, he/she shall promptly
report to the Police Director all matters of interest connected with
the Police Department, and he/she shall furnish the Police Director
such detailed and special information as the Police Director may from
time to time require.
3.
The Chief of Police shall instruct and direct all members of the
Police Department, to include Police Officers and all other uniformed
and civilian personnel assigned to the Police Department, with respect
to their duties; he/she shall require that all duties shall be properly
performed and that all department rules and regulations, general orders,
special orders and other directives of the Police Director and Chief
of Police shall be strictly obeyed and complied with; and he/she shall
generally maintain a high degree of efficiency on the part of the
Police Department.
4.
The Chief of Police shall provide for the supervision, observation
and evaluation of personnel assigned to the Police Department, and
he/she shall provide for such instruction, direction and training
to improve their performance.
5.
The Chief of Police shall have charge of all Police Department property
and shall tend to the repair and maintenance of all such property
and equipment so that the same shall at all times be in proper condition
for effective use; provided, however, that the expenditures of money
for the maintenance and repair of such property shall first be authorized
by the Police Director and Borough Administrator.
6.
The Chief of Police shall receive and have the custody of lost personal
property delivered to the Police Department; he/she shall also have
the custody of personal property stolen or wrongfully taken and thereafter
recovered, and he/she shall take proper measures for the purpose of
returning all such property to the owner or owners thereof.
7.
The Chief of Police shall verify and sign time sheets for the appropriate
pay period showing the names of such personnel within the Police Department
who rendered services to the Borough during the period covered by
such payroll, showing also the dates and times when such services
were performed; which time sheets he/she shall deliver to the Police
Director.
8.
The Chief of Police shall, by virtue of his/her office, at all times
be vested with all the authority and duty of a Police Officer.
9.
The Chief of Police shall keep himself/herself informed at all times
with respect to conditions in the Borough affecting the public safety
and good order.
10.
The Chief of Police shall from time to time, establish orders consistent
with his/her assigned responsibilities and shall cause the same to
be promulgated and executed. The Chief of Police shall also have the
power to supplement the same from time to time by issuing such orders
as are necessary to make the same effective. A copy of such order
shall be submitted to the Police Director prior to implementation
except in the event of an emergency.
11.
The Chief of Police shall enforce all of the laws of the State and
the ordinances of the Borough, undertaking the appropriate action
in connection with the same. It shall be his/her duty to take cognizance
of any and all neglect of duty, disobedience of orders, and other
offenses on the part of personnel under his/her command and to issue
formal written disciplinary charges whenever any such are warranted.
To this end, the Chief of Police shall cause to be investigated any
such offense and shall submit a written report, along with any evidence,
to the Police Director.
12.
For proper cause, the Chief of Police may suspend from duty any subordinate
subject to the rules and regulations of the Department. The Chief
of Police shall present to the Police Director, without unnecessary
delay, a written report setting forth the reasons suspending an officer.
13.
The Chief of Police shall maintain the personnel files of the subordinate
personnel of the Department.
14.
The Chief of Police shall devote his energies and plan his activities
for the health, welfare, safety, and general well-being of the citizens
and residents of the Borough. The Chief of Police shall stimulate
in the members of the Police Department a concern for the well-being
of all of the people and property in the Borough and an appreciation
and respect for the rights and liberties of all persons. The Chief
of Police shall constantly require the members of the Police Department
to strive for the highest degree of excellence and quality of law
enforcement services rendered by them.
15.
The Chief of Police shall, whenever his/her judgment deems necessary
or advisable, assign any one or more Special Police Officers to the
performance of active police duties, or to other assigned details,
and shall direct their activities through the chain of command.
16.
The Chief of Police shall be the supervisory head of any bureau or
division that exists or may be formed within the Police Department.
The Chief of Police may designate a member of the Police Department
to be the officer in charge of any bureau or division when he/she
deems it necessary or advisable for the efficient operation of the
same.
[1982 Code § 46-8; Ord. No. 1038-25-00; Ord. No. 1045-4-01]
The Police Department shall be under the direction and supervision
of the Police Director and shall be organized in such manner and with
such assignment of personnel by the Chief of Police as the Police
Director shall order. The Police Director shall be the executive head
of the Police Department. The salary for the Police Director shall
be as determined by the Salary Ordinance.
[1982 Code § 46-10; Ord. No. 1126-03-04]
a.
The Captain shall assist the Police Chief in the management, supervision
and discipline of the Police Department. The Captain shall assist
the Police Chief with the following, non-exclusive list of managerial
and supervisory duties:
1.
Formulate police rules and regulations;
2.
Plan police work so as to make the best use of available funds, personnel,
equipment and supplies;
3.
Give assignments/instructions to subordinate members of the Police
Department, provide subordinates with advice and assistance when difficult
or unusual problems arise; review police work to ensure proper procedures
are followed, that reasonable standards of workmanship, conduct, and
output are maintained, and that desired police objectives are achieved;
4.
Ensure communication facilities are properly used;
5.
Supervise investigation and disposal of complaints within the Police
Department;
6.
Direct the establishment and maintenance of police records and files;
and
7.
Act as the Police Chief in his or her absence.
b.
The Captain shall frequently test the knowledge and proficiency of
all the officers assigned to his or her command; shall inspect the
condition of their posts and shall assume the responsibility of seeing
to it that all of the general and special orders of the Department
are carried out.
c.
The Captain shall promptly obey all orders received from a superior
officer; carefully study and thoroughly understand all rules, regulations
and orders and shall note every case of misconduct or neglect of duty
by members of the Department.
[1982 Code § 46-11]
The Lieutenant shall promptly obey all orders received from
any superior officer, and thoroughly acquaint himself or herself with
the capabilities of the officers under his or her command. The Lieutenant
shall carefully study and thoroughly understand all rules, regulations
and orders and shall note every case of misconduct or neglect of duty
by members of the Department under his or her command. The Lieutenant
shall perform such duties as may be prescribed in any general or special
order, rules or regulations promulgated by the Borough Council, the
Police Committee or a superior officer.
[1982 Code § 46-12]
The Sergeant shall have immediate supervision of the officers
assigned to foot patrol, radio car patrol and traffic duty patrol
in his or her district and will constantly patrol the posts of the
officers under him or her, seeing each one as often as possible and
enforcing the performance of duty. The Sergeant shall report to his
or her commanding officer all delinquencies or violations on the part
of the officers under his or her command.
[1982 Code § 46-13]
Patrolmen shall be subject to the orders of any superior officer
of the Department. Each patrolman, in carrying out the functions of
the Department, namely, the preservation of the public peace, the
protection of life and property, the prevention of crime and arrest
of violators of the law and proper enforcement of all laws and ordinances
of which the Department takes cognizance, shall constantly direct
his best efforts to accomplish that end intelligently and efficiently.
The patrolman shall be held to strict accountability for the good
order of the post to which the patrolman may be assigned to duty.
The patrolman shall have such regular hours of duty as may be prescribed.
When not assigned to regular duty, the patrolman will promptly and
thoroughly perform such special duty as may be ordered.
[1982 Code §§ 46-15, 46-16, 46-17]
a.
Established. There shall be a Branch of the Department which shall
be known as the "Detective Bureau." The Police Chief has the responsibility
of reassigning a member of the police force to the Detective Bureau
from time to time as he sees fit.
b.
Control of Detective Bureau. The Bureau shall be under the direct
command of the Chief, who shall be responsible for the efficient and
proper operation of the Bureau.
c.
Powers and Duties of Detective Bureau.
1.
Members of the Detective Bureau shall be particularly charged with
the prevention of crime and the investigation of criminal cases within
the Borough, including the arrest and detention of criminal offenders,
the recovery of lost or stolen property, the cooperation with other
authorities and the responsibility of giving vigilant scrutiny to
and taking proper cognizance of all conditions relating to or tending
toward the fostering of crime. Members of the Detective Bureau shall
make every reasonable effort to familiarize themselves with the known
habits of criminals and acquire a knowledge of the practice, haunts
and associations of criminals. Members of the Bureau shall acquaint
themselves with the fundamental rules of evidence to the end that
they may be enabled to present their cases in the court of the Borough
and in the State in an efficacious and intelligent manner.
2.
To secure cooperation and unity of action, each member of the Detective
Bureau will promptly report to his commanding officer such information
as he may in any way obtain or possess relative to suspicious persons
or places or any crime that may have been committed or that may be
of any assistance to the Department in leading to the arrest of any
criminal. Any member of the Bureau intentionally withholding any information
or failing to properly report the same shall be guilty of neglect
of duty.
[1982 Code §§ 46-20, 46-21]
a.
Established. There shall be established a Juvenile Bureau in the
Department, to be commanded by an officer or member of the Police
Department, who shall report directly to the Chief of Police or his
designate. The Chief of Police may assign other members of the Department
to the Juvenile Bureau from time to time as the need may arise.
b.
Duties of Juvenile Bureau. The Juvenile Bureau shall be charged with
the prevention of crimes involving juveniles and promulgating programs
which would help to eliminate those conditions in the Borough which
might tend to foster juvenile crimes.
[1982 Code § 46-22]
There is hereby established a Records Bureau in the Borough
of Little Ferry under the supervision of a member of the Police Department
as designated by the Chief of Police. The duties of this Bureau shall
be to maintain all records of the Department and such other duties
as the Chief of Police may from time to time assign to it.
[1982 Code § 46-25; Ord. No. 1118-25-03; Ord. No. 1128-05-04; Ord. No. 1400-08-14; Ord.
No. 1452-01-16]
a.
Policy. The vitality of the Little Ferry Police Department is maintained
through the selection and promotion of the most qualified personnel
to positions of increased responsibility.
b.
Purpose. To establish guidelines for the advancement of sworn personnel
through supervisory and management ranks and to assist in the promotional
process by accurately and objectively evaluating employees so that
the most qualified personnel will advance.
c.
Scope. The promotion procedure covered by this section shall cover
all Police Department promotions, except promotions to the rank of
Captain and Chief of Police.
d.
Prequalifications.
1.
Sergeant. All applicants for promotion to Sergeant shall have served
as full-time Police Officers with the Little Ferry Police Department
for a minimum of five continuous years prior to the date of the written
examination.
2.
Lieutenant. All applications for promotion to Lieutenant shall have
held the rank of Sergeant for a minimum of one year prior to the date
of the written examination.
f.
Procedure.
[Amended 11-8-2018 by Ord. No. 1508-19-18]
1.
Written examination.
(a)
Each candidate for promotion shall be required to take a written
examination, which shall be prepared by the International Association
of Chiefs of Police (hereafter "IACP") and administered by the IACP
or the Association of Chiefs of Police for the State of New Jersey
or, in lieu of the foregoing, to be tested by the IACP Assessment
Center. The choice of which organization will administer the examination
will be made jointly by the Police Commissioner and Chief of Police
in their sole discretion prior to testing. Notice of the approximate
or actual examination date shall be posted a minimum of eight weeks
prior to the examination. Any police personnel on leave or vacation
at the time of posting of the notice shall be notified of the date
by personal service or certified mail.
(b)
The testing organization shall assign each candidate an identification
number, which shall be the only identification used when the examination
is graded and results are posted.
(c)
Grades on the written examination shall be used to determine
eligibility to proceed to the oral examination as follows: Those applicants
receiving a grade of 70 or above shall be eligible to take the oral
examination.
(d)
The identification numbers of all candidates for promotion shall
be posted. A complete master list of the results of the written examination
shall be placed under seal and retained in the office of the Chief
of Police and Borough Administrator.
(e)
Scoring of passing examination for purposes of final evaluation.
(1)
The maximum score a candidate shall receive on the written examination
shall be as follows:
|
Rank
|
Maximum Points
|
|---|---|
|
Sergeant
|
30
|
|
Lieutenant
|
30
|
(2)
The highest grade for each rank shall receive the maximum allowable
points. Each other passing candidate shall receive a score equal to
the ratio of his grade to the highest grade, multiplied by the maximum
allowable points.
(f)
All applicants shall be entitled to review their graded examinations.
2.
Oral examination.
(a)
Examination Board. The examination for Sergeant shall be conducted
by a panel of three Police Chiefs who are members of the New Jersey
State Chiefs of Police Examination Committee and selected by the Chairman
of the Examination Committee of the New Jersey Chiefs of Police. The
score of each examiner shall be equally weighed. The examination for
Lieutenant shall be conducted by the governing body. The score of
each examiner shall be equally weighed.
(b)
The oral examination at the promotional level shall be geared
to the many facets of the police profession. Each candidate for promotion
shall be asked the same questions and will be graded on the response
which he/she gives. The questions asked shall be different for each
rank (Sergeant, Lieutenant) and shall reflect current trends in law
enforcement, court decisions, policies, administration, organization
and any new developments pertaining to law enforcement. With respect
to the oral examination for Sergeants, all answers shall be scored
numerically, and these scores shall be totaled and divided by three
for a single grade.
(c)
With respect to the oral examination for Sergeants, the questions
to be asked each police candidate in the oral interview will be prepared
by the New Jersey State Chiefs of Police Examination Committee.
3.
Length of service. One point shall be awarded to a candidate for
each year of service completed as a Little Ferry police officer, up
to a maximum of 25 points.
4.
Education. A maximum of 10 points shall be awarded a candidate as
follows:
(a)
Minimum of 60 college credits: one point shall be awarded a
candidate who has obtained 60 college credits from an institution
of higher learning whose courses and credits are recognized by an
accredited university system. This point value shall be solely limited
to candidates who have neither obtained an associate's degree nor
a bachelor's or master's degree.
(b)
Associate's degree: 2.5 points shall be awarded a candidate
who has obtained an associate's degree from an institution of higher
learning whose courses and credits are recognized by an accredited
university system. This point value shall be solely limited to candidates
who have neither obtained a bachelor's or master's degree.
(c)
Bachelor's degree: 5.5 points shall be awarded a candidate who
has obtained a bachelor's degree from an institution of higher learning
whose courses and credits are recognized by an accredited university
system. This point value shall be solely limited to candidates who
have not obtained a master's degree.
(d)
Master's degree: 7.5 points shall be awarded a candidate who
has obtained a master's degree from an institution of higher learning
whose courses and credits are recognized by an accredited university
system.
(e)
In-service courses/certifications: a maximum of two points shall
be awarded to a candidate at the rate of 1/2 point for every 40 hours
of in-service police-related courses and/or police-related certifications.
For purposes of this provision, "in-service" shall be defined solely
as any police-related courses taken by an officer while on active
duty.
(f)
Point deductions due to previous suspensions. A maximum of four
points shall be deducted from a candidate's score as a result of any
previous suspension levied against the candidate. One suspension will
result in a two-point deduction.
5.
Contents of personnel review.
(a)
In order to proceed to this step, a candidate must receive a
score of at least 70 on the written examination and must take the
oral examination. The Review Board will only be apprised if a candidate
has achieved a passing grade. Actual grades will not be disclosed.
(b)
The Review Board shall perform a personnel review of all candidates.
A maximum grade of five points may be awarded based upon the criteria
set forth herein.
(c)
The Review Board shall consist of the Chief of Police, the Police
Commissioner, a Council member (other than the Police Commissioner)
to be appointed by the governing body, and the Borough Administrator
(who shall be a nonvoting member).
(d)
The personnel review shall take place after the oral examination.
Each candidate shall have the prior right to examine his/her personnel
jacket. A review of the personnel jacket shall be a part of the personnel
review. The personnel review shall consist of, but not be limited
to, enforcement activities, availability, disciplinary actions, citations
and awards, educational history, leadership abilities and adherence
to policy.
6.
Productivity.
(a)
In order to proceed to this step, a candidate must receive a
score of at least 70 on the written examination and must take the
oral examination. The Review Board will only be apprised if a candidate
has achieved a passing grade. Actual grades will not be disclosed.
(b)
The Review Board shall perform a productivity review of all
candidates. A maximum grade of five points may be awarded based upon
the criteria set forth herein.
(c)
The Review Board shall consist of the Chief of Police, the Police
Commissioner, a Council member (other than the Police Commissioner)
to be appointed by the governing body, and the Borough Administrator
(who shall be a nonvoting member).
(d)
The productivity review shall take place after the oral examination.
Each candidate shall have the prior right to examine his/her personnel
jacket. A review of the personnel jacket shall be a part of the productivity
review. The productivity review shall consist of, but not be limited
to, work habits, initiative, job skills, attendance, performance evaluations,
records of commendation, management skills, productivity and reliability.
7.
Recommendations of candidates to governing body.
(a)
The Borough Administrator shall tabulate the scores of all candidates.
(b)
After scores are tabulated, the Police Commissioner and Chief
of Police shall review all scores and compile a list of candidates
in order of point standing, together with any mutually derived comments
as to the suitability of each candidate for promotion.
(c)
For each rank, the Borough Administrator shall then compile
a list of finalists. The list shall be in order of recommendation
and shall consist of those candidates receiving the highest scores
and shall include the actual score received.
(d)
Within three days of the posting of the ranking of the candidates,
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, through the appropriate chain of
command. The Borough Administrator and Chief of Police will assess
the request and make a determination of how the request will be addressed
on a case-by-case basis.
8.
Appointments. The governing body shall promote the successful candidates
from the list submitted by the Borough Administrator.
9.
Probationary period.
(a)
After promotion, all candidates for advancement shall have a
six-month probationary period during which their performance shall
be evaluated.
(b)
Evaluation of recently promoted candidates for advancement shall
be done informally by the next higher level supervisor. Recently promoted
candidates for advancement who exhibit deficient areas of performance
will be counseled and receive on-the-job training in such deficient
areas.
(c)
Sergeants.
(1)
Recently promoted Sergeants will be enrolled in the first available
supervisory school at the Police Academy and must satisfactorily complete
such courses. They shall also be placed in line on the invitation
list for the F.B.I. National Academy.
(d)
Lieutenants.
(1)
Recently promoted Lieutenants will receive direction and on-the-job
training under the auspices of the Captain or, if there is no Captain,
the Chief of Police.
[Amended 12-16-2022 by Ord. No. 1586-25-22]
(2)
Recently promoted Lieutenants will be evaluated daily by the
Captain or, if there is no Captain, the Chief of Police as to decision-making
skills and overall effectiveness. This evaluation shall be informal,
with no written documents.
(e)
Completion of probationary period.
(1)
Recently promoted candidates who have satisfactorily completed
their probationary period shall be awarded such position subject to
all other Borough ordinances and state laws.
(2)
Unsatisfactory performance by recently promoted candidates shall
be grounds for returning the employee to his/her former rank.
(f)
Subsequent promotions. Results from the promotional examination
shall be valid for three years from the date the total evaluation
scores are tabulated.
(g)
Change in list of candidates.
(1)
The Police Commissioner and Chief of Police shall remove a Police
Department member from the list of candidates if, after the list has
been submitted to the governing body, the following occurs:
(i)
Disciplinary actions. A Police Department member
receives disciplinary action for any offense which results in suspension.
(ii)
Reprimand. A Police Department member receives two or more letters of written reprimand, which letters of reprimand are upheld after all administrative appeals have been exhausted pursuant to the rules and regulations set forth in Subsection 2-24.2.
(iii)
Vacancy. A Police Department member is no longer
employed as a member of the Police Department.
(iv)
Offer declined. A Police Department member declines
an offer of promotion.
(v)
A promoted candidate is returned to his/her former
rank in accordance with Paragraph f9(e)(2) above.
(2)
In the event the list of candidates is changed, the Borough
Administrator and Chief of Police shall meet and compile a new list
of finalists from among the highest-scoring candidates, using the
scores of the last evaluation process.
(3)
This list submitted to the governing body shall be compiled
using the same procedures set forth in paragraph f above.
g.
Subsequent promotions. Results from the promotional examination shall
be valid for three years from the date the total evaluation scores
are tabulated.
h.
Change in list of candidates.
1.
The Borough Administrator and Chief of Police shall remove a Police
Department member from the list of candidates if, after the list has
been submitted to the governing body, the following occurs:
(a)
Disciplinary actions. A Police Department member receives disciplinary
action for any offense which results in suspension without pay.
(b)
Reprimand. A Police Department member receives two or more letters of written reprimand, which letters of reprimand are upheld after all administrative appeals have been exhausted pursuant to the rules and regulations set forth in Subsection 2-24.2.
(c)
Vacancy. A Police Department member is no longer employed as
a member of the Police Department.
(d)
Offer declined. A Police Department member declines an offer
of promotion.
(e)
A promoted candidate is returned to his/her former rank in accordance
with paragraph f9(e)(2) above.
2.
In the event the list of candidates is changed, the Borough Administrator
and Chief of Police shall meet and compile a new list of finalists
from among the highest-scoring candidates, using the scores of the
last evaluation process.
3.
This list submitted to the Governing Body shall be compiled using
the same procedures set forth in paragraph f above.
[1982 Code § 46-18]
Nothing shall preclude the Borough Council from naming a member
of the Police Department to a superior position on a temporary or
acting basis in the event that the member presently holding that superior
position is temporarily absent or otherwise unavailable to perform
his or her duties.
[1982 Code § 46-14]
The rights, privileges, powers and duties of the members of
the Police Department, as well as any special law enforcement officers,
shall be those as are prescribed by the laws of the State of New Jersey,
the ordinances of the Borough of Little Ferry and the rules and regulations
promulgated hereunder.
[1982 Code § 46-27]
Each member is bound to adhere to and observe all rules and
regulations outlined in the Police Manual, and failure to adhere to
the rules and regulations may constitute grounds for disciplinary
action.
[Ord. No. 1263-22-08]
Once a Police Officer of any rank has elected to take his/her
retirement and to accept any of the benefits, including but not limited
to accumulated sick time, vacation time or personal days, then and
in that event he/she cannot change his/her mind and seek to return
to active duty nor can he/she withdraw his/her application for retirement.
[Ord. No. 1101-8-03; Ord. No. 1269-01-09; Ord.
No. 1343-28-11; Ord. No. 1358-13-12]
a.
Purpose. For the convenience of those persons and entities which
utilize the services of off duty law enforcement officers of the Little
Ferry Police Department, and to authorize the outside employment of
Borough police while off-duty, the Borough of Little Ferry hereby
establishes a policy regarding the use of the officers in compliance
with Attorney General Formal Opinion 1997-No. 23.
1.
Members of the Little Ferry Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours, and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duty of the Borough.
2.
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police or his or her designee,
which approval shall be granted if in the opinion of the Chief or
his or her designee 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 account.
1.
To assure the timely payment of wages to police officers who perform
off duty services and to meet the requirements of the Fair Labor Standards
Act, the Borough of Little Ferry hereby establishes a trust fund to
be known as the "Off Duty Employment Escrow Account," which trust
fund shall be dedicated for the receipt of fees collected from private
persons or entities for the payment of wages to police officers for
off-duty or outside employment services.
2.
Any person or entity requesting the services of an off-duty law enforcement
officer in the Little Ferry 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, or his or her
designee, and shall establish an escrow account with the Borough Treasurer
of the Borough of Little Ferry by depositing an amount sufficient
to cover the rates of compensation and administrative fees set forth
in paragraph d for the total estimated hours of service.
3.
In emergency situations, requests to the Borough for the services
of off-duty law enforcement officers in the Little Ferry Police Department
shall be made as necessary to the Chief of Police or his or her designee,
who shall make every effort to accommodate such request in a reasonable
manner in his or her discretion. Any law enforcement officers, when
so employed by the Borough, shall be compensated at the set rate and
treated as an employee of the Borough; provided, however, that the
wages earned for outside employment shall not be applied toward the
pension benefits of law enforcement officers so employed.
4.
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his or her 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 his or her 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 Borough
Treasurer. All payments must be remitted directly to the Borough of
Little Ferry. No officer shall provide any such services for more
hours than are specified in the request for services.
5.
In the event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall cease, and request
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. In the event of an unforeseen emergency situation
that would require an officer to remain beyond the time for which
funds have been posted, the Police Chief or his or her designee may
waive the requirement for posting additional funds after the first
10 hours for any person or entity exhibiting a previous satisfactory
payment history. However, payment for the additional hours shall be
made by the person or entity requiring the extended service within
48 hours.
6.
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.
7.
Exemption. All public utility companies that are under the jurisdiction
of and regulated by, the New Jersey Board of Public Utilities are
exempt from the provisions set forth in this section requiring advance
payment to the escrow account; providing, however, that there are
no amounts previously due that are outstanding for a period in excess
of 30 days. Any such delinquent balances shall require advance payment
of the amount outstanding prior to any officer engaging in any further
off-duty assignments.
c.
Requests for services.
1.
All requests to the Borough for the services of off-duty law enforcement
officers for a period of one week or longer shall be forwarded to
the Chief of Police or his or her designee for posting at least 10
days before such services are required. Any law enforcement officers,
when so employed by the Borough, shall be compensated at the set rate
and treated as an employee of the Borough; provided, however, the
wages earned for outside employment shall not be applied toward the
pension benefits of law enforcement officers so employed.
2.
All requests to the Borough for the services of off-duty law enforcement
officers in the Little Ferry Police Department for a period of less
than one week shall be forwarded to the Chief of Police or his or
her designee for posting as soon as practicable, but in no event in
less than 24 hours before such services are required, except in emergency
situations. Any law enforcement officers, when so employed by the
Borough, shall be compensated at the set rate and treated as an employee
of the Borough; provided, however, the wages earned for outside employment
shall not be applied toward the pension benefits of law enforcement
officers so employed.
3.
In emergency situations, requests to the Borough for the services
of off-duty law enforcement officers in the Little Ferry Police Department
shall be made as necessary to the Chief of Police or his or her designee,
who shall make every effort to accommodate such request in a reasonable
manner in his or her discretion. Any law enforcement officers, when
so employed by the Borough, shall be compensated at the set rate and
treated as an employee of the Borough; provided, however, that the
wages earned for outside employment shall not be applied toward the
pension benefits of law enforcement officers so employed.
d.
Rates of compensation: administrative fee; payment for services.
[Amended 10-1-2019 by Ord. No. 1527-17-19]
1.
Rates of compensation for contracting the services of off-duty law
enforcement officers shall be paid to the Borough at the rate $125
per hour, with each officer to be paid at his/her overtime rate with
a minimum rate of $50 per hour.
2.
Fee for police vehicle and fuel per day up to eight hours or part
thereof: $100.
e.
Cancellation. In the event that the person or entity requesting the
services of off-duty law enforcement officers fails to contact the
Little Ferry Police Department at least two hours prior to the scheduled
start time to cancel the job, or the officer works less than four
hours and the job is completed, the Borough is entitled to be paid
for a minimum of four hours at the rate of compensation set forth
in paragraph d.
f.
Public emergency. The Chief of Police or his or her designee shall
have the authority to order any police officer engaged in off-duty
assignments within the Borough to respond to an emergency situation
within the Borough of Little Ferry. The Chief of Police or his or
her designee shall also have the right to order any off-duty assignment
to be terminated whenever the assignment creates unacceptable risk
to the health, safety and welfare of the off-duty officer and/or citizens
of the Borough of Little Ferry. In the event that a police officer
is assigned to an emergency situation, the Police Chief or his or
her designee shall make note of the off-duty assignment. In any situation
where an off-duty police officer is called to an emergency situation,
the person or entity shall not be responsible for the payment of the
officer's hourly rate, administrative fee or any other fees to the
Borough of Little Ferry until such time as the police officer and/or
equipment returns to the assignment with the off-duty employer.
[1982 Code §§ 47-1, 47-2, 47-3; New]
a.
The Police Department of the Borough of Little Ferry shall provide
escort service to any business or industry in the Borough, at the
request of the business or industry, in the transportation of money
or other valuables within a five (5) mile radius of the Borough limits.
b.
Scheduling. This service shall be provided as scheduled and directed
by the Chief of Police.
c.
Fees. The fee to be paid to the Borough shall be the sum of thirty-five
($35.00) dollars for each escort service.
[1982 Code § 46-29]
a.
Members of the Police Department may perform fingerprinting service
for members of the general public. The service shall be in designated
areas which require fingerprinting in the Police Department, Little
Ferry, New Jersey. Fingerprint cards must be supplied by the party
requesting the fingerprinting service.
b.
Fingerprinting services shall be available at the Police Department
of the Borough of Little Ferry, Monday through Friday during the hours
of 8:00 a.m. to 8:00 p.m.
c.
No fee shall be required for fingerprinting services requested by
residents, Borough employees or school employees of the Borough of
Little Ferry.
[1982 Code § 26-1]
A Fire Department is hereby established in and for the Borough
of Little Ferry, with jurisdictional boundaries coextensive with the
boundaries of the Borough, and which shall consist of such officers
and firemen as hereinafter prescribed in this section. There shall
be as many hose, hook and ladder or other companies within the Department
as the Mayor and Borough Council may from time to time create and
accept.
[1982 Code § 26-2]
The Mayor shall appoint three (3) members of the Borough Council
as Fire Commissioners, who shall have the supervision, control and
management of the Fire Department, subject to the ultimate control
of the Mayor and Borough Council.
[1982 Code § 26-3]
a.
Chief, Deputy Chief and Battalion Chief. The members of the Fire
Department shall elect, subject to confirmation of the Mayor and Borough
Council, three (3) members of the Fire Department who shall be known
as "Chief," "Deputy Chief" and "Battalion Chief." They shall hold
office for a term of one (1) year and until their successors have
been elected and confirmed. The Chief, or in his absence the Deputy
Chief, or in his absence the Battalion Chief, shall have control of
the Fire Department, subject to the control of the Fire Commissioners
and the Mayor and Borough Council.
b.
Captain and Lieutenant.
1.
Each company shall have a Captain and a Lieutenant. The Lieutenant
shall be subordinate to the command of the Captain. Each company shall
also have such other officers as the company may from time to time
determine. All officers of the company shall hold office for a term
of one (1) year and until their successors have been elected and confirmed.
They shall be elected by a majority vote of the members present at
the annual meeting of each company, which meeting shall be held on
a date to be fixed and prescribed by the bylaws of each company. In
the event of the organization and acceptance of any new company into
the Fire Department of the Borough, the first annual election shall
be held on a date to be fixed by the Mayor and Borough Council, and
the officers so elected shall hold office until the next annual meeting.
2.
Each company in the Department shall certify to the Mayor and Borough
Council, at the next regular meeting of the Borough Council held thereafter,
the result of any election held as prescribed by this subsection,
and the election of such officers shall be subject to confirmation
of the Mayor and Borough Council.
3.
No member shall be promoted unless that person has obtained at a
minimum the requirements set forth by the Department of Community
Affairs, Division of Fire Safety, N.J.A.C. 5:73-1.6 for the rank requested.
Certification shall be provided to the Borough Clerk for review by
the Fire Commissioners.
[Added 4-13-2021 by Ord.
No. 1546-04-21]
[1982 Code § 26-4]
a.
The membership of each company shall be limited to 30 active members,
plus a reserve membership which shall be limited to five reserve members
for each company. Reserve members at the time of their appointment
shall meet the requirements of their respective company. The reserved
membership shall form the basis of election and appointment to active
membership in each fire company in accordance with the rules and regulations
of each company. Any member to be considered as an active member by
the Borough shall have Firefighter 1 certification and basic incident
command training. Certification shall be provided by the fire company
to the Borough Clerk for review by the Fire Commissioners.
[Amended 4-13-2021 by Ord. No. 1546-04-21]
b.
No member of the Fire Department designated by the Mayor and Borough
Council after recommendation of the Fire Department, including reserve
members, shall be exempt from such duties as the Chief of the Fire
Department or other proper officer in charge may determine.
c.
Failure to perform duties and services or to meet all the requirements
as determined by each company shall subject the reserve member to
discipline, suspension and expulsion after charges, hearing and determination
as in the case of active members.
[1982 Code § 26-5]
Application for membership in the Fire Department shall be presented
to the head of the company which the applicant desires to join, which
application shall then be presented to the members of the company
directly concerned and shall be voted upon at such company's next
regular meeting. An application may be accepted or rejected, but in
every case where the application is voted upon there shall be required
a majority vote of the entire membership of such company in order
to elect. If an application is accepted by the members of such company,
the Secretary of the company shall certify to the Mayor and Borough
Council that the application was presented to and accepted by the
members of such company; the acceptance of any such member shall be
subject to the approval of the Mayor and Borough Council. Any application
which has been rejected by the company voting thereon may be appealed
by the applicant to the Mayor and Borough Council within thirty (30)
days thereafter. In the appeal, the applicant shall be required to
fully state the grounds upon which he believes his case has been unfairly
dealt with and such other facts as may be proper and pertinent to
the issue. The Mayor and Borough Council shall determine whether or
not the applicant shall be admitted to membership and their decision
shall be final.
[1982 Code § 26-6]
The conduct of the Fire Department while on active duty shall
be governed as follows: The Chief shall be in command at all times
after the apparatus leaves fire headquarters and at other times shall
be responsible to the Fire Commissioners for the condition thereof.
In the absence of the Chief and the Deputy Chief, the Battalion Chief
or the first officer arriving shall have charge until the arrival
of his superior officer. It shall be the duty of the Captain or the
Lieutenant of each company to have charge of his respective company
and apparatus at fires under the direction of the Chief or other executive
officer, and to see that his company's apparatus and quarters are
kept in good, clean and respectable condition at all times. The Captain
or Lieutenant of each company shall report to the Chief concerning
all service rendered by his company in response to an alarm; and he
shall record in a book which is kept for such purpose the names of
the members responding to roll call upon arrival at headquarters.
[1982 Code § 26-7]
a.
Charges against officers or members of the Fire Department for infraction
of the rules of the Department, of this section or of the rules and
regulations of the Mayor and Borough Council or of the Fire Commissioners
shall be made to the Fire Commissioners, who shall forthwith proceed
to investigate the charges. They shall report the results of such
investigation, in writing, to the Mayor and Borough Council, and make
such recommendations as in their discretion seem just and proper in
view of all the circumstances. The Mayor and Borough Council shall
thereupon cause a notice in writing to be served on the officer or
member against whom the charges have been preferred, to appear before
the Mayor and Borough Council at a time and place specified therein,
to answer such charges. After hearing the officer or member, or an
attorney in his behalf, or if such officer or member fails to appear,
the Mayor and Borough Council may by resolution reprimand, suspend,
fine or dismiss the officer or member from the Fire Department or
may exonerate him from the charges.
b.
The respective officers may also impose such fine or other punishment
not inconsistent with the provisions herein, with the exception of
suspension or expulsion, as the membership of the Fire Department
may deem advisable in order to maintain proper discipline, but any
member so fined or punished may appeal to the Mayor and Borough Council
and the decision thereof in connection therewith shall be final.
[1982 Code § 26-8; Ord. No. 1325-10-11]
An annual clothing allowance shall be paid to the members of the Fire Department who have met the one hundred (100) points necessary to quality for the annual LOSAP contribution pursuant to subsection 2-59.3 et seq. The clothing allowance shall be in the amount determined by the Mayor and Borough Council by resolution and shall be paid not later than December 15 of each year.
[1982 Code § 26-9]
Each fireman who presents satisfactory evidence to the Mayor
and Borough Council that he has attended at least sixty (60%) percent
of the fires that occurred in the Borough while he was a fireman and
has served the Borough seven (7) years as an active fireman shall
be entitled to a certificate signed by the Mayor, the Borough Clerk
and the Chief of the Fire Department. Such member shall be considered
an exempt member of the Fire Department and entitled to wear such
badge as shall be designated by the Borough Council.
[1982 Code § 26-10]
The Mayor and Borough Council shall make an annual inspection
of the Fire Department on the first Saturday evening following the
first Monday in September, or at such other time as the Mayor and
Borough Council direct, at which time all members of the Fire Department
shall be present with personal equipment belonging to the Borough
unless excused by the Fire Chief, who shall explain to the Mayor and
Borough Council the reason for such absence. The Mayor and Borough
Council may hold a separate inspection or delegate such inspection
at such time as they may direct.
[1982 Code § 26-11]
In the event of any emergency, the Chief or, in his absence,
the Deputy Chief or, in his absence, the Battalion Chief or, in his
absence, the next highest ranking officer shall have the power to
direct any fire company or companies with their apparatus to respond
to an out-of-town alarm for the purpose of assisting in the protection
or preservation of life or property in any other municipality when
requested to do so by the proper officials of such municipality. If
no fire officer is available, the truck will not roll.
[1982 Code § 26-12; Ord. No. 1291-01-10]
a.
The Fire Department may establish, with the approval of a majority
of the Fire Commissioners, such rules, regulations and bylaws governing
itself, but such rules, regulations or bylaws shall not be inconsistent
with this section or with the rules, regulations or bylaws of the
Mayor and Borough Council or of the Fire Commissioners. No rule, regulation
or bylaw shall be suspended, amended or promulgated without the consent
of a majority of the Fire Commissioners.
b.
No rule or regulation, however promulgated, shall become effective
until 10 days after it has been posted at fire headquarters. All rules
and regulations shall remain posted for a period of not less than
six months.
c.
Junior Fire Fighter Program.
1.
Each Company created and accepted within the Department pursuant to Subsection 2-25.1 may, at its own choosing, develop, create, abolish or terminate, a Junior Fire Fighter Program provided the Company submits to the Mayor and Borough Council for its approval any and all rules and regulations; scope, objectives and bylaws attendant to such Junior Fire Fighter Program.
2.
Upon receipt of such proposed rules and regulations and/or bylaws,
the Mayor and Borough Council shall by resolution approve, amend or
modify the rules and regulations and/or bylaws and notify the Company
accordingly.
3.
Upon final approval by resolution of the Mayor and Borough Council
of such rules and regulations, the subject Company may implement a
Junior Fire Fighter Program.
4.
Each Company shall be required to notify the Mayor and Borough Council
of any change in such Junior Fire Fighter rules and regulations which
changes shall again be subject to the approval of the Mayor and Borough
Council. The previously approved rules and regulations shall remain
in full force and effect until such time as a resolution is adopted
approving the amended rules and regulations.
5.
Members of the Junior Program shall not be entitled to any benefits as set forth in § 2-25 of the Code of the Borough of Little Ferry, including, but not limited to, LOSAP, clothing, personal protective gear or blue light permits.
6.
Any Junior Fire Fighter Program will be subject to the express approval
of the Borough's risk carrier and will only remain approved by the
Mayor and Borough Council only so long as such program is approved
by the Borough's risk carrier.
d.
Chiefs Advisory Board. The Chiefs Advisory Board shall consist of
all active Chiefs of the Fire Department to establish guidelines for
the Chiefs to operate under. Guideline additions and omissions by
the Board must be approved by the Fire Commissioners. The Board shall
meet on an annual basis or as needed.
[Added 3-13-2018 by Ord.
No. 1494-5-18]
[1982 Code §§ 26-13, 26-14, 26-15]
a.
ACTIVE MEMBER OF THE FIRE DEPARTMENT
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
With the exception of the entry age limitations set forth
in N.J.S.A. 40A:14-55 et seq., shall mean any person who would otherwise
meet the eligibility requirements for an exempt fireman certificate.
b.
Benefits for Those Not Entitled to State Benefits. In the event of
the death of any active member with at least seven (7) years of qualified
service who is not entitled to the death benefits of the New Jersey
State Firemen's Association, the estate of that member shall be entitled
to receive from the Borough of Little Ferry an amount equal to the
death benefit of the New Jersey State Firemen's Association. In the
event that the active member dies in the line of duty, then and in
that event the estate of the individual shall be entitled to double
the benefits set forth above.
c.
Accrual of Benefits. Benefits set forth herein shall accrue to those
members with at least seven (7) years of qualified service who were
active members of the Borough of Little Ferry Fire Department on or
after July 1, 1988, and those persons who may become active members
of the Borough of Little Ferry Volunteer Fire Department subsequent
to the effective date of this subsection who are not or will not be
entitled to the death benefits of the New Jersey State Firemen's Association
because of the entry age limitations of N.J.S.A. 40A:14-55.
