[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; 6-12-2018 by Ord. No. 11-2018; 6-24-2025 by Ord. No. 2025-16]
A. 
There is hereby established in and for the Borough of Waldwick a Police Department which shall consist of the following 22 positions. There shall be one Chief of Police, two Lieutenants, five Sergeants, and 14 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.
B. 
The Borough Council may from time to time, appoint public safety telecommunicators, school crossing guards, matrons and traffic directors as deemed necessary.
C. 
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. 
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. 
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. 
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. 
Administer and enforce rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of department members.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all members and officers.
D. 
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. 
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.
[Added 5-27-2025 by Ord. No. 2025-13]
In accordance with the provisions of P.L. 1986, c.2, of the New Jersey Statutes, N.J.S.A. 40A:14-146.8 et seq., there is hereby created the position of Special Law Enforcement Officer Class III for the Borough of Waldwick, Bergen County, New Jersey.
[Added 5-27-2025 by Ord. No. 2025-13]
In order to be eligible for appointment to the position of a Special Law Enforcement Officer Class III, each applicant must:
A. 
Must be at least 18 years of age;
B. 
Be a resident of the County of Bergen during the term of appointment;
C. 
Be able to read, write and speak the English language well and intelligently and have a high school diploma or its equivalent;
D. 
Be sound in body and good health;
E. 
Be of good moral character;
F. 
Have not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of this position;
G. 
Have successfully undergone the same psychological testing that is required of full-time police officers in this municipality;
H. 
Be a retired law enforcement officer who is less than 65 years of age; for the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer’s return to employment violates any federal or state law or regulation which would deem the officer’s retirement as not being bona fide;
I. 
Have served as a duly qualified, fully trained, full-time officer in any law enforcement position eligible for participation in the Police and Firemen’s Retirement System or in any federal or bi-state law enforcement agency or as a member of the State Police and was separated from that prior service in good standing (for purposes of this requirement, “good standing” shall exclude a retirement resulting from injury or incapacity);
J. 
Be physically capable of performing the function of the position, determined in accordance with Police Training Commission guidelines;
K. 
Possess a New Jersey Police Training Commission Basic Police Officer Certification, New Jersey State Police Academy Certification, or other proof of basic police training approved by the Police Training Commission;
L. 
Have completed the training course for safe school resource officers developed pursuant to Subsection a. of Section 2 of P.L. 2005, c. 276 (N.J.S.A. 52:17B-71.8); and
M. 
Is hired in a part-time capacity.
[Added 5-27-2025 by Ord. No. 2025-13]
A. 
Pursuant to N.J.S.A. 40A: 14-146.10, the Mayor, subject to the approval of the Council, by annual appointment by resolution, may appoint no more than four Special Law Enforcement Class III Officers to work in the Borough schools. Special Law Enforcement Officers shall be appointed for terms not exceeding one year. Appointment may be revoked by the governing body, for cause, after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term.
B. 
Special Law Enforcement Class III Officers answer to the Chief of Police or his/her designee and shall be in compliance with N.J.S.A. 40A: 14-146.10 and all other applicable New Jersey law, Attorney General guidelines, Prosecutor directives, and Borough rules regulations, policy and procedure.
[Added 5-27-2025 by Ord. No. 2025-13]
A. 
Special Law Enforcement Class III Officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school on the school premises during hours when the school is normally in session or when it is occupied by school students or their teachers. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school grounds if they occur in the officer’s presence while traveling to a school facility, but an officer shall not otherwise be dispatched or dedicated to any assignment off school property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retied law enforcement officer to carry a firearm.
B. 
A Special Law Enforcement Class III Officer shall be employed only to assist the Police Department with security duties at public and nonpublic schools and shall not supplant a law enforcement officer employed pursuant to the provisions of N.J.S.A. 18A:17-43 or a safe schools resource officer employed pursuant to the provisions of Section 3 of P.L. 2005, c. 276 (N.J.S.A. 18A:17-43.1).
C. 
A Special Law Enforcement Class III Officer appointed pursuant to the provisions of P.L. 1985, c. 439 (N.J.S.A. 40A: 14-146.8 et seq.) shall not, based on this appointment, be eligible for health care benefits or enrollment in any state-administered retirement system.
[Added 5-27-2025 by Ord. No. 2025-13]
All duly authorized Special Law Enforcement Officers shall be subject to the rules and regulations governing the Police Department of the Borough of Waldwick as adopted by previous ordinances, including, by description but not limitation, the Standard Operating Procedures Police Manual of the Borough of Waldwick.
[Added 5-27-2025 by Ord. No. 2025-13]
A. 
A Special Law Enforcement Class III Officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, another superior officer designated by the Chief of Police and shall perform his/her duties only in the Borough of Waldwick, unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
B. 
The Special Law Enforcement Class III Officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appoint police officers of the Police Department, as well as any rules and regulation applicable to the conduct and decorum of special officers.
[Added 5-27-2025 by Ord. No. 2025-13]
No Special Law Enforcement Class III Officer shall commence his/her duties until he/she has completed the training as required under N.J.S.A. 40A:14-146.11, as amended from time to time.
[Added 5-27-2025 by Ord. No. 2025-13]
The uniform of Special Law Enforcement Class III Officers shall be determined by the Chief of Police and shall be in compliance with N.J.S.A. 40A:14-146.12. The uniforms shall be furnished at the expense of the Borough. Special Law Enforcement Class III Officers shall be issued a badge and identification card, and other supplies and equipment as required to wear or utilize in the course of his/her duty assignments. It shall be the responsibility of each Special Law Enforcement Class III Officer to have, at all times, a complete and minimum inventory of such equipment and uniform as required by uniform regulations. The badge, identification card and all other equipment shall be returned at the termination of appointment.
A. 
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. 
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. 
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:
(1) 
Residents of the Borough of Waldwick
(2) 
Other residents of Bergen County
(3) 
Other resident of the State of New Jersey
(4) 
All other qualified applicants
D. 
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.