[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-1-1968 by Ord. No. 220 (Ch.
32 of the 1967 Code); amended in its entirety 11-16-1987 by Ord. No. 387]
There is hereby established, as an executive
and enforcement function of the municipal government of the Borough
of Harrington Park, a Police Department of and for the Borough.
The Police Department shall consist of the following:
A.
The Chief of Police or in his/her absence the Deputy
Chief of Police or Director shall be the head of the Police Department
and shall be directly responsible to the Police Committee, as the
appropriate authority pursuant to N.J.S.A. 40:A:14-118, for the efficiency
and routine day-to-day operations of the Police Department and shall,
pursuant to policies established from time to time by the Police Committee,
and pursuant to the rules and regulations established from time to
time by the Mayor and Council for the government of the Police Department
and for the discipline of its members (the "Police Rules and Regulations"),
as said Police Rules and Regulations are from time to time amended,
supplemented and/or superseded by directives from any law enforcement
agency (including, but not limited to, the State Attorney General
and the Bergen County Prosecutor) or supplemented by general and/or
special orders issued by the Chief of Police or in his/her absence
the Deputy Chief of Police:
[Amended 2-22-2011 by Ord. No. 653; 10-21-2013 by Ord. No. 683]
(1)
Administer and enforce the Police Rules and Regulations
(as amended and/or supplemented) and any special emergency directives
of the Police Committee for the disposition and discipline of the
Police Department and its officers and personnel.
(2)
Have, exercise and discharge the functions, powers
and duties of the Police Department.
(3)
Prescribe the duties and assignments of all subordinates
and other personnel.
(4)
Delegate such of his/her authority as he/she may deem
necessary for the efficient operation of the Police Department to
be exercised under his/her direction and supervision.
(5)
Report at least monthly to the Police Committee in
such form as shall be prescribed by such Committee on the operation
of the Police Department during the preceding month and make such
other reports as may be requested by such Committee.
(6)
Personally, or through a designee, promptly investigate
any conduct by any member or employee of the Police Department which
constitutes or may constitute an unauthorized absence, or a dereliction
of duty, or improper conduct, or a violation of any law or any of
the Police Rules and Regulations (as amended and/or supplemented)
and, if the Chief of Police or Director deems it appropriate, he/she
may cause written charges or a letter of reprimand to be filed with
the Borough Clerk pursuant to law.
(7)
In all cases in which, in the discretion of the Chief
of Police or Director, emergency discipline is required, he/she may
immediately suspend with pay any member or employee of the Police
Department and, in the event of such a suspension, he/she shall, as
soon as practically possible thereafter, report such action to the
Mayor and Council.
B.
Such other members, officers and personnel as shall
be deemed necessary by the Mayor and Council.
[Amended 2-22-2011 by Ord. No. 653]
The terms of office of the Chief of Police or
Director and such other members, officers and personnel as shall be
deemed necessary by the Mayor and Council, their compensation and
their powers, functions and duties shall be such as the Mayor and
Council shall deem necessary for the effective government of the Police
Department.
[Amended 2-22-2011 by Ord. No. 653]
A.
The Police
Department shall be under such supervision and control of the Police
Committee of the Mayor and Council as is delegated to the Police Committee
from time to time by the Mayor and Council. The Police Committee shall,
on a day-to-day basis, be the appropriate authority pursuant to N.J.S.A.
40A:14-118 to which the Police Chief or in his/her absence the Deputy
Chief of Police or Director shall be immediately responsible for the
efficiency and routine day-to-day operations of the Police Department
and shall have the authority to establish from time to time policies
to ensure the efficiency and orderly operation of the Police Department.
In addition, it shall be the responsibility of the Police Committee
to make recommendations to the Mayor and Council with respect to decisions
such as, but not limited to, hiring, firing and promoting personnel;
compensation; the purchase of equipment; the organization of the Police
Department; and all other like matters.
[Amended 10-21-2013 by Ord. No. 683]
B.
The Police
Committee shall be appointed by the Mayor and confirmed by the Borough
Council. The Police Committee shall consist of three members of the
Borough Council. One member shall be Chairperson of the Police Committee,
and he/she shall be known as the "Police Commissioner" of the Borough.
Another member shall be its Vice Chairperson. Each appointment shall
be for a term not exceeding one year. The Police Committee, the Police
Chair, the Vice Chairperson of the Police Committee who shall act
as Police Chair in the absence of the Police Chair, and the third
member of the Police Committee shall have such authority in connection
with police or related matters as is from time to time conferred upon
or delegated to each by ordinance or resolution of the Mayor and Council.
The Police Committee shall have the power and duty to act to provide
for the health, safety or welfare of the municipality in an emergency
situation through special emergency directives.
A.
In addition to the Chief of Police or Director, the
permanent members of the Police Department may, in the discretion
of the Mayor and Council, include one Deputy Chief of Police, one
Captain of Police, two Lieutenants of Police and four Sergeants of
Police, as well as such number of patrol officers as the Mayor and
Council deem necessary.
[Amended 2-22-2011 by Ord. No. 653; 10-21-2013 by Ord. No. 683; 11-20-2017 by Ord. No. 719]
B.
Other personnel of the Police Department may, in the
discretion of the Mayor and Council, include probationary police officers,
special police officers, school marshals, police matrons, dispatchers,
clerical employees, secretaries and others.
C.
All permanent members and officers and all other personnel
of the Police Department shall be subject to all laws enacted for
the conduct of permanent members and officers or employees of police
departments in the State of New Jersey and shall abide by the provisions
of the Police Rules and Regulations.
All members, officers and personnel of the Police
Department shall, before appointment or promotion, be required to
pass such physical, psychological, psychiatric, medical, written and
oral examinations as may be required by the Mayor and Council or the
Police Committee. Subject to the limitations imposed by law, and at
the sole expense of the Borough, each member, officer and other employee
of the Police Department shall, at any time the Mayor and Council
or the Police Committee deems it necessary for the efficient government
of the Police Department, submit to and cooperate in any and all physical,
psychological, psychiatric and other examinations directed by the
Mayor and Council or the Police Committee.
All appointments to the Police Department shall
be made by the Mayor upon the recommendation of the Police Committee
and shall be confirmed by the Borough Council. Appointments may be
made to fill vacancies due to any cause, and additional permanent
members and other personnel (for whom a sufficient appropriation has
been provided in the annual budget and tax ordinance) may be appointed.
All such appointees shall have complied with the requirements as set
forth in the laws of the State of New Jersey applying to police departments
and shall be appointed on probation for a term not exceeding one year
from the date of said appointment, during which term of probation
their appointments may be revoked in the discretion of the Mayor and
Council.
[Added 11-18-2019 by Ord. No.
742]
A.
Promotion of officers: Captain, Lieutenant and Sergeant.
(1)
Goals. The Borough of Harrington Park desires to promote the most
qualified candidates to the ranks of Captain, Lieutenant and Sergeant.
This section establishes the eligibility requirements and the process
for promotion to those ranks. In accordance with N.J.S.A. 40A:14-129,
promotion of any officer shall be made from the membership of the
Harrington Park Police Department.
(2)
Eligibility requirements.
(a)
Sergeant. For promotion to Sergeant, no person shall be eligible
for such promotion unless he or she:
[1]
Shall have served as a full-time police officer in the Harrington
Park Police Department for at least three years;
[2]
Shall be graded on all Harrington Park Police Department performance
standards in his or her three most recent annual performance evaluations
conducted by his or her superiors; and
[3]
Shall possess an associate's degree, or 64 college credits.
This education requirement shall not apply to officers employed by
the Harrington Park Police Department as of the date of the adoption
of this section.
(b)
Lieutenant. For promotion to Lieutenant, no person shall be
eligible for such promotion unless he or she:
[1]
Shall have served as a full-time officer on the Harrington Park
Police Department for at least five years;
[2]
Shall be graded on all Harrington Park Police Department performance
standards in his or her three most recent annual performance evaluations
conducted by his or her superiors; and
[3]
Shall possess a bachelor's degree or higher. This education
requirement shall not apply to officers employed by the Harrington
Park Police Department as of the date of the adoption of this section.
(c)
Captain. For promotion to Captain, no person shall be eligible
for such promotion unless he or she:
[1]
Shall have served at least five years as a full-time officer
on the Harrington Park Police Department;
[2]
Shall be graded on all Harrington Park Police Department performance
standards in his or her three most recent annual performance evaluations
conducted by his or her superiors; and
[3]
Shall possess a bachelor's degree or higher. This education
requirement shall not apply to officers employed by the Harrington
Park Police Department as of the date of the adoption of this section.
(3)
Process.
(a)
In creating the list of eligible candidates for promotion, the
Interview Committee (comprised of the Borough Police Committee and
the Chief of Police) shall score/rank each such candidate as follows:
[1]
Each eligible candidate shall construct, write and provide an
original essay, on a topic to be provided by the Chief of Police,
which will be scored by the Interview Committee. The results of such
written essay shall constitute 35% of the overall total score for
each eligible candidate based on the score accorded to each eligible
candidate arrived at averaging the total scores the individual members
of the Essay Committee. The total possible points for this essay shall
be 100 points. For example, a candidate whose average score for the
essay is 90 points shall receive 31.5 points towards his/her overall
total score (90 x 35% = 31.5 points).
[2]
Each eligible candidate shall be interviewed by the Interview
Committee. All candidates so interviewed by the Interview Committee
shall be asked the same questions. The results of such oral interview
by the Interview Committee, and its consideration of the candidate's
past performance based upon evaluations conducted during the preceding
three years, shall constitute 65% of the overall total score for each
eligible candidate based on the score accorded to each eligible candidate
arrived at by averaging the total scores of the individual members
of the Interview Committee for such interview. The total possible
points for this oral interview shall be 100 points. For example, a
candidate who receives a total of 90 points for this oral interview
shall receive 58.5 points towards his/her overall total score (90
x 65% = 58.5 points). Assessment of any candidate by the Interview
Panel shall include at least the following: employee evaluations;
knowledge of police procedure and supervisory skills; merit; productivity;
demonstrated ability and accomplishments; in-service education and
specialized training; specialized assignments; attitude and demeanor,
comportment and interpersonal skills; reputation within the Department
for fairness, lack of bias and cooperative policing; professional
and civic commendations; seniority.
(b)
Candidates shall not discuss any of the questions or disclose
any information about the process.
(c)
The candidate(s) receiving the highest total combined score(s) as calculated by reference to Subsection A(3)(a)[1] and [2] above shall be deemed the first candidate recommended to the Council for promotion.
(d)
Notwithstanding anything in this chapter to the contrary, the
Borough of Harrington Park reserves the right to waive the essay and/or
oral interview components of the promotional process when the number
of eligible candidates for a particular position is equal to or less
than the number of vacant positions and the Borough intends to fill
all vacant positions, or create a position by ordinance. If the Borough
elects to so waive the essay and/or oral interview components, all
other components of the promotional process within this section not
so waived shall remain in effect.
(e)
Notwithstanding anything in this chapter to the contrary, the
Borough of Harrington Park reserves the right to relax and/or waive
the eligibility requirements for a particular position(s) if the number
of eligible candidates for such position(s) is less than the number
of vacant positions and the Borough intends to fill all vacant positions.
If the Borough so elects to relax or waive the eligibility requirements,
all candidates for the particular position(s), including those who
are eligible as a result of the waiver or relaxation of such requirements,
shall not be required to undergo or participate in the applicable
process set forth hereinabove.
(f)
Nothing herein shall be construed as conferring a right upon
any candidate to promotion; the decision of the Mayor and Council
with respect to such appointment/promotion shall be absolute and the
Mayor and Council in its sole and absolute discretion may determine
not to create and/or fill any vacancy within the ranks of the Police
Department.
(4)
Announcement of promotional opportunity.
(a)
Based on an existing vacancy and after approval by the governing
body, which may be withdrawn at any time, the Chief will announce
when a promotional opportunity occurs in a given position through
an announcement posted at police headquarters. The announcement shall
state the position which is open, eligibility requirements, and a
request that each officer submit a letter of intent, along with a
standard business-type resume, within 10 days of the date of the posting.
It shall also state that the process requires:
(b)
For any eligible officer who does not wish to be considered,
such officer shall provide a letter of declination declining to be
considered. If a letter of intent or letter of declination is not
received within the ten-day period, such officer shall be deemed to
have declined to be considered. The ten-day deadline may be extended
by the Chief for good cause.
(5)
Duration of eligibility list.
(a)
A list of the results will be posted and an eligibility list
will only remain in effect for each announced vacancy, and shall not
be maintained once said announced vacancy is filled. Candidates may
review their individual results through the Chief of Police.
(b)
After the expiration of the eligibility list, candidates will
be required to reapply for any subsequent promotional process.
B.
Promotion of officers: Chief of Police. The Chief of Police and Deputy
Chief of Police shall be appointed by the Mayor, with the advice and
consent of the governing body. The process for Captains, Lieutenants
and Sergeants shall not apply.
The salaries to be paid to the Chief of Police,
as well as the permanent members and other personnel of the Police
Department, shall, subject to collective negotiations where applicable,
be determined annually by the Salary Ordinance.
A.
Except as otherwise provided by law, and as provided
in N.J.S.A. 40A:14-147, no permanent member or officer of the Police
Department or force shall be removed from his/her office, employment
or position for political reasons or for any cause other than incapacity,
misconduct or disobedience of the Police Rules and Regulations, nor
shall any such member or officer be suspended, removed, fined or reduced
in rank from or in office, employment, or position therein except
for just cause as hereinbefore provided and then only upon a written
complaint setting forth the charge or charges against such member
or officer.
B.
Said complaint shall be signed by the Chief of Police
or in his/her absence the Deputy Chief of Police or Director, or in
their absence, the officer in charge, and filed in the office of the
Borough Clerk, except where the complaint is against the Chief of
Police, Deputy Chief of Police or Director, in which case the complaint
shall be signed by the Police Chair or any member of the Police Committee
or the Mayor and filed in the office of the Borough Clerk.
C.
After the filing of the complaint, it shall be reviewed
by the Police Committee, which shall report thereon to the Mayor and
Council. If the Mayor and Council deem it appropriate, they shall
cause a copy of the complaint to be served upon the member or officer
charged, together with a notice of a designated hearing thereon by
the Mayor and Council, which hearing shall be commenced not less than
10 nor more than 30 days from the date of service of the complaint.
A failure to comply with the foregoing provisions as to the service
of the complaint shall require a dismissal of the complaint.
D.
As provided by N.J.S.A. 40A:14-149.1, any police officer
of the Police Department or force charged under the laws of the State
of New Jersey, another state or the United States with an offense
may be suspended with pay by resolution of the Mayor and Council until:
i) the case against him/her is disposed of at trial; ii) the complaint
is dismissed; or iii) the prosecution is terminated; provided, however,
that if a grand jury returns an indictment against him/her, or he/she
is charged with an offense which is the equivalent of a high misdemeanor
(as the phrase "high misdemeanor" is used in N.J.S.A. 40A:14-149.1)
or which involves moral turpitude or dishonesty, he/she may be suspended
without pay until: i) the case against him/her is disposed of at trial;
ii) the complaint is dismissed; or iii) the prosecution is terminated.
E.
As provided by N.J.S.A. 40A:14-122, the Mayor and
Council may, by resolution, permanently terminate the employment of
any permanent member or officer of the Police Department and force
who shall be absent from duty without just cause or leave of absence
for a continuous period of five days.
F.
Although the Mayor and Council shall be the sole authority
for the imposition of any discipline against permanent members and
officers and other personnel of the Police Department, the Mayor and
Council may, in their sole discretion, to be exercised by resolution,
either constitute themselves as a committee of the whole to hear a
complaint brought pursuant to N.J.S.A. 40A:14-147 or delegate the
hearing function to; i) the Police Committee; ii) the Chief of Police
or Director; iii) an independent hearing officer or tribunal; or iv)
one or more members of the Mayor and Council designated as a hearing
officer or tribunal; provided, however, that all charges deemed by
the Mayor and Council to be of a serious nature and any charge made
against the Chief of Police or Director shall be heard by either:
i) the Mayor and Council; ii) the Police Committee; or iii) an independent
hearing officer or tribunal. In deciding who shall conduct a hearing
on a complaint, the Mayor and Council may consider, among other factors,
the nature and severity of the charges, the possible bias and lack
of impartiality of one or more members of the Mayor and Council, and
the like.
[Amended 2-22-2011 by Ord. No. 653]
G.
At the hearing on the complaint, the matter may be
presented by the Chief of Police, Deputy Police Chief, Director, or
officer in charge, alone or, in the discretion of the Mayor and Council,
by the Chief of Police, Deputy Police Chief, Director, or officer
in charge, with the assistance of special counsel appointed by the
Mayor and Council.
H.
The person charged shall be afforded due process,
including but not limited to the right to be represented by an attorney
of his/her choice at his/her own expense, the ability to present evidence
and witnesses on his/her behalf, the right to face and question under
oath the accuser(s) and witness(es), and the right to discovery. The
burden of proof shall rest with the charging party, and, as in all
civil matters, the standard of proof shall be proof by a preponderance
of the evidence. The hearing officer or tribunal may, in the discretion
of the Mayor and Council, be represented and advised at, and in connection
with, the hearing by the office of the Borough Attorney.
I.
The hearing officer or tribunal shall make and deliver
to the Mayor and Council findings of fact and shall present to the
Mayor and Council recommended determinations of innocence or guilt
as to each of the specified charges. The Mayor and Council shall have
the sole and final authority to impose discipline, which may include
a fine, reduction in rank, suspension or removal.
J.
The Mayor and Council shall cause the hearing to be
recorded verbatim either stenographically or through audio-electronic
means. The stenographic notes shall be transcribed. The transcripts
or tapes of the hearing shall be preserved so that they shall be available
for review by the members of the Mayor and Council. Prior to imposing
any discipline upon a permanent member or officer or other employee
of the Police Department, each member of the Mayor and Council voting
on the matter shall, unless he/she was physically present throughout
the entire hearing, review either the transcripts or the tapes of
the hearing.
K.
After conducting the hearing, or after reviewing the
transcripts or tapes of the hearing and the findings of fact and recommendations
of the hearing officer or tribunal, the Mayor and Council shall, by
resolution, specify what discipline, if any, shall be imposed upon
the person or persons charged.
L.
All charges of a criminal nature shall be referred
to the appropriate law enforcement authority.
All prior ordinances or parts of ordinances
inconsistent with any term of this article are hereby superseded and
repealed to the extent of such inconsistency; provided, however, that
the adoption of this article shall not prevent or bar the continuance
or institution of any proceedings for offenses heretofore committed
in violation of preexisting ordinances of the Borough or any rules
and regulations adopted pursuant thereto.
[Added 7-19-2004 by Ord. No. 572]
A.
The police force shall be comprised of such number
of personnel as the Mayor and Council shall resolve to employ but
not to exceed 11 patrol officers, four Sergeants, two Lieutenants,
one Captain, one Deputy Chief of Police and one Chief or Director.
B.
The chain of authority and reporting shall be as follows:
the Chief or Director shall have authority over all lesser rank, followed
by the Deputy Chief of Police, the Captain, followed by the Lieutenants,
followed by the Sergeants, followed by the patrol officers assigned
as "Senior Officer, officer in charge," and if no such designation,
then in the absence of personnel with greater rank, the most senior
patrol officer.
D.
The entire regulation of the Police Department is
subject to and specifically incorporates by reference all Attorney
General guidelines as to conduct and discipline, all statutes and
decisions of the court that in any way relate to the operation of
this Police Department, any other regulation or guide that may be
enacted by law enforcement agencies that pertains to the operation
of this Police Department and the regulations and guidelines established
by any state, county or superseding authority and this the provision
of Ordinance No. 387, as amended or modified.[4]
[4]
Editor's Note: Ordinance No. 387 forms the basis of this article.
See history under article title. Original Subsection E, which immediately
followed this section, was repealed 4-18-2011 by Ord. No. 658.
[Adopted 6-20-1977 by Ord. No. 294 (Ch.
31A of the 1967 Code)]
The Mayor and Council of the Borough of Harrington
Park are hereby authorized to enter into reciprocal agreements with
other communities for providing police assistance and to receive similar
police assistance from said communities.
[Amended 2-22-2011 by Ord. No. 653]
The Police Department of the Borough of Harrington
Park shall respond to such calls for assistance when so ordered by
the Chief of Police or Director or his/her designee and shall provide
such personnel or equipment as requested to the extent possible without
endangering persons or property within the Borough of Harrington Park.
If any member or officer of the Harrington Park
Police Department, while rendering such assistance in other communities,
shall suffer a casualty or death, he/she or his/her designee or legal
representative shall be entitled to all salary, pension rights, workers'
compensation and other benefits as if such casualty or death occurred
in the performance of duty in the Borough of Harrington Park, where
such duties are normally carried on.
