[1993 Code § 42-1]
A Police Department shall be and the same is hereby established in and for the Township of West Caldwell under the name of the "Police Department of the Township of West Caldwell."
The Department shall be composed of the officers and members constituting the same on the date of the adoption of this chapter, together with such additional offices and positions as may hereafter be duly created and filled.
[1993 Code § 42-2]
Each member of the Department shall preserve the peace, protect life and property and prevent and detect crime.
The Department shall have all the functions, powers and duties prescribed by law for Municipal Police Departments generally or by any provision of ordinances relating to the Township Police Department, Chief of Police or officers and members of the Department.
Each member of the Department shall administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons.
Each member of the Department shall have the power to serve and execute all process issuing out of the Municipal Court of the township except as to the service of civil process of any courts other than the Municipal Court of the township.
[1993 Code § 42-3; Ord. No. 1706]
Executive Head of Department. In accordance with N.J.S.A. 40A:14-118 or as subsequently revised or amended, the Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for conduct, efficiency and day-to-day operations of the Police Department. In the absence or disability of the Chief of Police, his duties shall be performed by the next highest ranking officer.
Pursuant to N.J.S.A. 40A:14-118, the Chief of Police shall:
Administer and enforce the Rules and Regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
Have, exercise and discharge the functions, powers and duties of the Police Department;
Prescribe the duties and assignments of all members and officers;
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; and
Report at least monthly to the Appropriate Authority in such form and at such times as shall be prescribed by the Appropriate Authority regarding the operation of the Police Department during the preceding month and make such other reports as may be requested by the Appropriate Authority.
The Chief of Police, with the assistance of other members of the Department detailed for the purpose, shall keep comprehensive records as prescribed in rules and regulations adopted or to be adopted by the Appropriate Authority.
The Chief of Police shall perform such other duties and functions from time to time assigned him by the Appropriate Authority.
Vacancy. In the event of a vacancy in the office of the Chief of Police, the Mayor and Council shall fill the vacancy in the manner set forth by ordinance.
Promotion to Rank of Chief of Police. Each member of the Department having attained the rank of Captain or Lieutenant shall be eligible to take the examination for the office of Chief of Police.
[Ord. No. 1707]
Pursuant to N.J.S.A. 40A:14-118, the Township Administrator shall be the Appropriate Authority presiding over the operation of the Police Department. The Chief of Police and other members of the Police Department shall be under the authority of the Township Administrator.
The Township Administrator shall have the authority to establish policies and administrative direction and to issue and amend as necessary rules and regulations. As the Appropriate Authority, the Township Administrator shall be the final authority as to all disciplinary decisions and appeals under the rules and regulations. The Township Administrator may delegate the initial hearing process to a township official who, in his opinion, is qualified to act as a finder of fact, but the final decision shall rest with the Township Administrator.
Nothing herein shall effect the grievance process as contained in the collectively negotiated agreement between the Township of West Caldwell and the West Essex Local Police Benevolent Association 81 (West Caldwell Unit).
The Police Department shall consist of the Chief of Police, one Captain, no more than four Lieutenants, no more than five Sergeants and no more than 16 Patrol Officers.
The authorized number of officers in the ranks of Sergeant and Lieutenant shall be increased and/or exceeded to no more than six Sergeants and no more than five Lieutenants, to permit the Mayor and Council in its discretion to permanently appoint an officer to replace any Sergeant or Lieutenant no longer on active service on terminal leave in connection with resignation or retirement; said resigning/retiring officer having provided written notice of the resignation/retirement and its effective date that has been accepted by the Mayor and Council.
[1993 Code § 42-4; Ord. No. 1265; Ord. No. 1706]
Each full-time member of the Police Department, as presently constituted, is recognized as a member of the Police Department. Each member of the Department hereafter appointed to a full-time position in the Department shall have been a citizen of the United States for at least 10 years, be a high school graduate or the equivalent, have good moral character, be sound in body and in good health and be able to read, write and speak the English language well and intelligently, and shall be not less than 21 or more than 35 years of age at the time of his appointment to a full-time position in the Department. No person shall be appointed who has been convicted of any crime involving moral turpitude that, in the judgment of the Township Council, would be prejudicial to the morale of the Department. In addition to the requirements set forth herein he shall meet all the minimum requirements specified from time to time by the laws of the State of New Jersey.
There shall be a fee of $50 for any police testing application. Upon written certification to the Chief of Police that the payment of the testing fee would create an undue hardship on an applicant, the Chief of Police may, after inquiry and investigation, be granted permission to waive such application fee.
[1993 Code § 42-5; Ord. No. 1706]
The Township Council shall designate a Police Physician, who shall examine all candidates for appointment to or promotion within the Police Department. The Township Clerk/Administrator shall furnish to the Township Council a written certificate of such physician as to the physical fitness of all such candidates and a written certificate of the results of a psychological test.
[1993 Code § 42-6; Ord. No. 1707]
Each person appointed to the Department shall be known as a "probationary Patrolman" and shall serve as such for a period of one year from the date of his appointment. The probationary period of one year may be extended not to exceed an additional six months upon the recommendation of the Public Safety Committee that such action is for the good of the Department and if confirmed by the Township Council.
At the termination of the probationary period or extension thereof, provided that the candidate satisfactorily meets all requirements, the appointment as Patrolman shall become final upon recommendation of the Public Safety Committee and with approval by the majority of the members of the Council present and voting.
Should the candidate not meet the requirements for a satisfactory Patrolman at the end of the probationary period, his service shall be terminated on the recommendation of the Public Safety Committee and with the approval of the Township Council.
Every probationary Patrolman shall, during the period of one year or the extended period as herein provided, attend an accredited police training school as determined by the Chief of Police and shall complete the training course and graduate with a grade not less than 70.
[1993 Code § 42-7; New; Ord. No. 1707]
Standards and Procedures.
Each member of the Department having attained the rank of Lieutenant shall be eligible to take the examination for the office of Captain.
Each member of the Department having attained the rank of Sergeant shall be eligible to take the examination for the office of Lieutenant.
Each member of the Department having attained the rank of Patrolman who shall have served for a period of at least five years shall be eligible to take the examination for the office of Sergeant.
In making the selections as outlined above, the Mayor and Council shall select one of the four most qualified applicants for promotion to a new or vacant position. In order to assist the Mayor and Council in making its selections for promotion to a new vacant position, the Police Department shall submit a list of the most qualified applicants for consideration, utilizing the following formula:
Prior to the administration of either portion of the examination, the following areas will be considered, and a set number of points or half points will be awarded by the Chief of Police in each of the individual areas. In fixing the exact number of points to be awarded in any area, the Chief of Police will base his decision on relevant documents on file at the Police Department.
Seniority. Officers will be entitled to 1/2 point for each year of continuous service with the West Caldwell Police Department. Points will be awarded for each completed year of service, starting in the 5th year and continuing to accrue until completion of the 25th year, for a maximum of 10 points. To establish an individual's anniversary date, the formal hiring resolution of the township will be used.
Military service. Officers will receive 1/2 point for each year or part thereof of active duty military service in any branch of the United States Armed Forces, up to a maximum of four years, for a total award of two points. An individual must have served a minimum of 180 days on active duty to qualify for any points. To establish an individual's length of military service, a DD Form 214 or equivalent will be used.
Education. Officers will receive 1/2 point for each 30 college credits earned at any time in a degree-granting program at a regularly accredited college, up to a maximum of 120 credits, for total award of two points. To establish the total number of credits earned by an individual, a certified course transcript from the accredited college will be used.
Merit. The Chief of Police shall award each applicant any number of points, or part thereof, up to a maximum of six points. This award shall be based on the individual's past performance in his current rank, his overall value to the Department and his dedication and professionalism as a police officer.
All candidates will be advised of the total number of points awarded to them in each area of the non-examination criteria prior to the written or oral examinations for the rank sought.
Examination Criteria. All testing will be conducted by representatives of the New Jersey State Chiefs of Police Association. All scores will be based on a 0% to 100% scale, with 100% being the highest possible score. All tests results will be posted, using the individual's social security number as an identifier.
Written examination. The written examination will be of the type and length designed by the New Jersey State Chiefs of Police Association and shall be the most current examination presently in use. All raw scores will be multiplied by four-tenths, so that a maximum adjusted score will be 40 points.
The oral examination will be conducted by a panel of representatives of the New Jersey State Chiefs of Police Association, consisting of at least three members. All raw scores awarded by this panel will be multiplied by 4/10, so that a maximum adjusted score will be 40 points.
Members of the oral examination board will not have access to any Department or township personnel records during the examination procedure.
Examination Lists for Promotion. When all of the above criteria have been met, a list of eligible applicants, based on overall total score, will be compiled. The list for each rank will become active when the first promotion to that particular rank is confirmed by the Mayor and Council, and the list will remain in full force and effect for 18 months from the date of the first promotion.
Appointment of Chief of Police. Appointments to the office of the Chief of Police shall be made from the first four highest members on the list certified by the examining committee, to be recommended by the Public Safety Committee and appointed by the Mayor, with the advice and consent of the Council.
Promotional List. The Mayor and Council shall certify the promotional list by resolution.
Test Notice. Notice of the approximate or actual examination date shall be posted a minimum of six weeks prior to the examination.
Waiver. Any requirements of this section may be waived by resolution of the Mayor and Council upon the written recommendation of such waiver by the Chief of Police.
[1993 Code § 42-8; Ord. No. 1707]
The Public Safety Committee shall submit to the Mayor and Council its recommendations for appointment to or promotions within the Department, together with a written certificate of the Police Physician and such other professional persons as may be deemed necessary or desirable as to the physical and mental fitness of all such officers or members. Appointments or promotions shall be made by nomination of the Mayor, with the advice and consent of the Council and subject to confirmation by the majority of the members of the Township Council.
The list, certified by the examining committee, shall remain in full force and effect for a period of 18 months from and after the date on which it is promulgated. In the event of any promotions thereafter, a new examination shall be held, and a new list shall be certified as hereinabove required.
[1993 Code § 42-9; Ord. No. 1707]
Every member of the Police Department, before entering upon the performance of his duties, shall take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in the state, under the authority of the people, to support the Constitutions of the United States and the State of New Jersey and to discharge and perform faithfully, impartially and justly all the duties of his office, which oath or affirmation shall be filed with the Township Clerk/Administrator. He shall further take and subscribe to any oath or affirmation required by the laws of the State of New Jersey.
[1993 Code § 42-10; Ord. No. 1707]
Causes for Removal or Suspension. No person shall be removed from office or employment in the Police Department for causes other than incapacity, gross misconduct or violation of the provisions of this chapter or of the duly adopted rules and regulations of the Department. The Chief shall have the power to suspend a member of the Department for a maximum period of five days for any violation of this chapter or rules and regulations of the Department.
Hearing. Any member or employee of the Police Department who violates the provisions of this chapter or the rules and regulations as promulgated under Section 3-14 and against whom charges are preferred shall be given a hearing before the Township Council on such charges. Charges shall be in writing and signed by the person making the same. The charges must be filed with the Township Clerk/Administrator, who shall thereupon proceed as speedily as possible to investigate the charges and after such investigation shall report to the Township Council in writing making recommendations which to him shall seem right and just in view of all circumstances.
Decision of Council.
The Township Council shall thereupon determine whether to:
Drop the charges and exonerate the member or employee.
Cause to be served upon the member or employees of the Police Department against whom the charges are preferred a notice, in writing, to appear before the Township Council at a time and place to be specified therein to answer the charges.
After a hearing of the charges against the member or employee of the Police Department, who may be represented by counsel in his own defense, or without hearing in case he fails to appear, the Township Council may, by resolution, reprimand, suspend, reduce in rank, fine or dismiss the member or employee of the Police Department from the service of the township or exonerate him from the charges.
The Chief of Police may suspend any member or employee of the Department from active duty pending the determination of such charges.
[1993 Code § 42-11; Ord. No. 1707]
Established. There is hereby established within the Police Department a division, to be known as the "Detective Bureau," including a Bureau of Identification and Records, which shall be under the supervision of the Chief of Police and be composed of such police officers with the title of Detective as may from time to time be assigned to detective duty by the Chief of Police. Nothing herein contained shall prevent any officer assigned to the Bureau to be reassigned to other police duty in the discretion of the Chief of Police. The Chief of Police, or Acting Chief, shall have command and control of all officers assigned to the Detective Bureau.
Duties of Bureau.
The Detective Bureau shall perform the following functions and duties:
Investigate all crimes committed within the Township of West Caldwell.
Investigate all reports of crime alleged to have been committed within the township.
Cooperate with all other law enforcement agencies in the investigation and detection of crime.
Investigate reports of and seek to locate missing persons.
Take and keep photographs and fingerprints of persons who are arrested and charged with crime, where such photographs and fingerprints are required to be taken.
Serve all summonses and warrants.
Such other duties as may from time to time be assigned to it by the Chief of Police.
Members of the Police Department assigned to detective duty shall keep accurate and complete records of each day's work and shall promptly submit all reports or records in every case assigned them when so required by the superior officer or Chief of Police.
Regulations of the Bureau.
No official records or photographs shall be removed or destroyed except upon the written order of the Chief of Police, and such order shall be made only on the application of the subject or application by the Chief of Police, and the result of such investigation shall remain part of the subject record.
All photographs and fingerprints of arrested persons required by law shall be taken by the Bureau and shall be privately kept in the gallery provided therefor, for the official use of the Police Department in aid of the prevention and detection of crime. The officer in charge shall be personally responsible for their safekeeping.
No member of the Police Department shall be permitted to search any of the files of the Detective Bureau except the officers attached to the Bureau. Information or data on file in the Detective Bureau shall be obtained only through the Chief of Police or the superior officer assigned thereto.
[1993 Code § 42-12; Ord. No. 1707]
Pursuant to N.J.S.A. 40A:14-7 et seq., the Public Safety Committee shall submit to the Township Council its recommendations for the appointment of special policemen or special policewomen as required for terms not exceeding one year, or temporarily in the case of emergency or to perform special duties. Such persons shall be known as "special policemen" or "special policewomen"; they shall not be members of the Police Department. They shall be subject to the rules and regulations of the Police Department, orders and directions of the Chief of Police. Special policemen or policewomen shall receive no compensation except as authorized by the Township Council at the time of their appointment. Special policemen or policewomen need not possess all the qualifications or be subject to the examination required of regular members of the Department.
[1993 Code § 42-13; Ord. No. 1707]
The Township Council shall establish by resolution and may, from time to time, amend and repeal by resolution such rules and regulations as it may deem necessary for the government and efficient working of the entire Department. Such rules and regulations, and their amendment or repeal, when adopted by resolution of the Township Council, shall be delivered to the Chief of Police in writing within five days and posted within five days after the adoption thereof in police headquarters and a copy thereof delivered to each and every member of the Department within five days after the adoption of such rules or regulations or any amendment or repeal thereof.
Rules and regulations promulgated by the Township Council shall supersede any orders or instructions of the Township Clerk/Administrator and/or the Public Safety Committee to the extent of any inconsistency between them.
[1993 Code § 42-14; Ord. No. 1707]
The Mayor of the Township of West Caldwell is hereby authorized to enter into by and among the City of Newark, City of East Orange, Town of Irvington, City of Orange, Town of West Orange, Town of Bloomfield, Town of Montclair, Town of Nutley, Borough of Glen Ridge, Town of Belleville, Township of Millburn, Township of Maplewood, Village of South Orange, Township of Livingston, Borough of Fairfield, Borough of Caldwell, Borough of North Caldwell, Township of West Caldwell, Borough of Essex Falls, Borough of Roseland, Township of Cedar Grove and Borough of Verona a mutual assistance agreement for police assistance in the event of an emergency as defined in this section in accordance with N.J.S.A. 40A:60-5 and 40A:60-6, N.J.S.A. 40:49-1 et seq. and N.J.S.A. 40A:14-156.1 et seq. and the mutual assistance agreement attached hereto and made a part hereof as if set forth in length herein which agreement shall be attested by the Township Clerk.
Editor's Note: The agreement referred to herein can be found on file in the township offices, adopted as Ordinance No. 783.