[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 4-11-67 as Ord. No. 5-67; amended in its entirety 2-25-97 as Ord. No. 3-97]
[Amended 3-9-04 by Ord. No. 4-04; 2-5-05 by Ord. No. 2-05]
A.Â
There is hereby established in and for the Borough of Waldwick a
Police Department which shall consist of the following 21 positions.
There shall be one Chief of Police, two Lieutenants, five Sergeants,
and 13 police officers. In addition, there may be a one to one relationship
of police officers who are in training to take the positions of existing
police officer(s) who have given notice of a specific retirement date
which is not greater than six months from the date the replacement
officer is hired. Once a police officer of any rank has elected to
take their retirement and to accept any of the benefits including,
but not limited to, terminal leave, accumulated sick time, vacation
time or personal days, then and in that event, they cannot change
their mind and seek to return to active duty nor can they withdraw
their application for retirement.
[Amended 6-12-2018 by Ord. No. 11-2018]
B.Â
The Borough Council may from time to time, appoint public safety
telecommunicators, school crossing guards, matrons and traffic directors
as deemed necessary.
C.Â
Appointment of the Police Department shall be made by the Mayor and
confirmed by majority vote of the Council in compliance with civil
service and the laws of New Jersey. Promotion within the Police Department
shall be made by the same procedure. Special officers shall be appointed
annually in accordance with New Jersey law or such other manner as
is deemed necessary and proper.
[Amended 2-25-03 by Ord. No. 5-03]
A.Â
The Borough Administrator shall be designated as the appropriate
authority as provided in N.J.S.A. 40A:14-118. The Administrator shall
be responsible for the overall performance of the Police Department,
and shall promulgate rules and regulations for the governing of the
Police Department and the discipline of its members.
B.Â
The Chief of Police shall review the rules and regulations on an
ongoing basis and may recommend changes or updated provisions to the
Appropriate Authority.
C.Â
All officers and employees of the Waldwick Police Department shall
comply with the rules and regulations adopted for the government of
the Department and with the orders of their superior officers not
inconsistent therewith, as well as all policies and procedures established
by the Department, the Bergen County Prosecutor and the Attorney General
of New Jersey.
[Amended 2-25-03 by Ord. No. 5-03; 3-9-04 by Ord. 4-04]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Appropriate Authority for
its efficiency and day-to-day operations. Pursuant to policies established
by the Borough Council, the Chief of Police shall:
A.Â
Administer and enforce rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of department members.
B.Â
Have, exercise and discharge the functions, powers and duties of
the Police Department.
C.Â
Prescribe the duties and assignments of all members and officers.
D.Â
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control.
E.Â
Report at least monthly to the Appropriate Authority in such form
as shall be prescribed by the Appropriate Authority on the operation
of the Police Department during the preceding month and make such
other reports as may be requested by the Appropriate Authority.
All members of the Waldwick Police Department shall be appointed
by the Borough Council in accordance with the laws pertaining to,
and rules promulgated by 40A:14-118 et seq., the New Jersey Department
of Personnel; N.J.S.A. 11A-1 et seq., N.J.A.C. 4A:1-1 et seq. and
the terms of this chapter. Wherever N.J.S.A. 40A:14-118 et seq. is
in variance with any provision of New Jersey Department of Personnel
Law, Administrative Code, Rules or Regulations the latter shall be
controlling.
A.Â
No Person shall be appointed a member of the Waldwick Police Department
unless he/she possesses the requisite qualifications prescribed by
the applicable statutes of New Jersey relating to age, residence and
other qualifications and eligibility requirements.
B.Â
Each candidate for appointment to the Police Department must satisfactorily
pass such physical, psychological and psychiatric examinations as
may be required before physicians, psychologists or psychiatrists
designated by the Mayor and Council. Such examinations shall be designed
to determine, according to accepted medical and psychological standards,
the candidates fitness and ability to perform the duties of a police
officer without danger or impediment to the health, safety and welfare
of the candidate, fellow officers and the public at large and the
candidate's eligibility for inclusion in the Police and Firemen's
Retirement System.
C.Â
In accordance with N.J.S.A. 40A:14-123.1A and ordinance 1-95 of the
code of the Borough of Waldwick all duly qualified applicants for
appointment to the Police Department shall be classified in the categories
set forth below and appointed members in the order and manner specified
below:
D.Â
Residency status in Subsection C above is determined as of the "Closing
Date" of the application acceptance period by the New Jersey Division
of Personnel pursuant to N.J.A.C. 4A:4-2.11(b).
In order to better evaluate the aptitude, ability, quality and
competence of recruits each person hereafter appointed to the Police
Department and pursuant to N.J.A.C. 4A:4-5.2(d) shall first serve
a probationary period commencing from the date of their employment
to a date one year following completion of the Basic Police Training
Class and receipt of a certification from the Police Training Commission
pursuant to N.J.S.A. 52:17B-66 et seq., which period must be completed
to the satisfaction of the Chief of Police and the Mayor and Council
before such appointees are eligible for appointment as permanent members
of the Police Department.
Each member who is to be appointed as a permanent member of
the department must possess a Police Training Commission certification
as a police officer. The holder of any probationary appointment may
be dismissed from office by the Mayor and Council at any time during
such period of probation, pursuant to N.J.A.C. 4A:2-2.1; 4A:2-4.1
and 4A:4-5.2(d).
Disciplinary action shall be taken against members of the Police
Department in accordance with the Borough's rules and regulations
adopted by resolution pursuant to 20-2 and N.J.A.C. 4A:2-2.1 et seq.
No permanent employee of the Police Department, sworn or civilian,
shall be removed from office or employment therein except after just
cause, and then only after a written complaint of the charge(s) of
the cause(s) shall have been preferred against such officer or employee,
signed by the person or persons making same and filed with the Appointing
Authority. Notwithstanding any provision of this ordinance, no person
shall be removed from office or employment except as prescribed by
the applicable rules and regulations of the Department of Personnel
pursuant to N.J.A.C. 4A:2-2.1 et seq.
Before entering upon the duties and within five days after appointment,
each officer of the department shall take and subscribe an oath or
affirmation to faithfully and impartially discharge the duties of
his/her appointment as a member of the Police Department and in accordance
with the statutes of the State of New Jersey relating to the oath
to be taken.
The powers and duties of the officers and employees of the Police
Department shall be prescribed by the laws of this state, the ordinances
and resolutions of the Borough of Waldwick, and such rules and regulations
as may now or hereafter be adopted for the government and discipline
of the Department. All officers of the department shall have the authority
to serve and execute all process issued by the Municipal Judge of
the Borough and all other New Jersey Courts of competent jurisdiction
in accordance with the laws of New Jersey.
The compensation of the Chief of Police and all other officers
of the Police Department shall be determined by the Borough Council
by ordinance. Such compensation shall be pursuant to contract in such
amount or amounts shall be negotiated between the individuals involved
or their representatives and the Borough Council or its representatives
and approved as part of the Borough budget.
The salaries and compensation of all other employees of the
Police Department shall be determined by the Borough Council by ordinance.
