[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 370, 471, 481, 535, 621, 629, 718, 720, 727, 755,
853, 91-869, 91-905, 92-922, 93-965 and 94-979.
[Ord. No. 94-996 § 1;
Ord. #2000-1204 § 1; Ord. No. 2004-1347; Ord. No. 2004-1362 § 1;
Ord. #2007-1465 § 1; Ord. No. 2013-1634; Ord. No. 2017-1751;
amended 12-28-2020 by Ord. No. 2020-1868; 9-26-2022 by Ord. No. 2022-1934]
There is hereby created in and for the Borough of Bernardsville
a police department which shall include the following sworn officers:
One Chief of Police
One Captain
Two Lieutenants
Five Sergeants
Eleven Patrol Officers
[Ord. No. 94-996 § 1]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Bernardsville;
direct and control traffic; provide protection during emergencies;
appear in court; cooperate with all other law enforcement agencies;
and provide training for the efficiency of its members and officers.
[Ord. No. 94-996 § 1; Ord. No. 07-1472 § 1]
The Borough Administrator shall be designated as the appropriate
authority as provided in N.J.S.A. 40:14-118 and shall be responsible
for the overall performance of the Police Department. The Borough
Administrator shall adopt and promulgate rules and regulations for
the government of the Police Department and for the discipline of
its members.
[Ord. No. 94-996 § 1]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Borough Administrator for
the efficiency and day-to-day operations of the Department. Pursuant
to policies established by the Borough Administrator, the Chief of
Police shall:
a.
Administer and enforce the Rules and Regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its members and officers;
b.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
c.
Prescribe the duties and assignments of all subordinates and other
personnel;
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 supervision; and
e.
Report at least monthly to the Borough Administrator in such form
as shall be prescribed by the Borough Administrator on the operation
of the Police Department during the preceding month and make such
other reports as may be requested by the Borough Administrator.
[Ord. No. 94-996 § 1]
All members of the Police Department shall be appointed by the
Mayor and Council in accordance with N.J.S.A. 40A:14-118. No person
shall be appointed to the Police Department who is not qualified as
provided in the New Jersey Statutes. The Borough Council may also
require that an applicant for appointment to the Police Department
shall successfully complete physical, written, oral and psychological
examinations.
[Ord. No. 94-996 § 1; Ord. No. 07-1472 § 1]
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's Rules and Regulations. Disciplinary action shall be taken against members of the Police Department in accordance with the Rules and Regulations adopted by resolution pursuant to Subsection 2-24.3. The Chief of Police, however, may file a written complaint with the Borough Administrator in accordance with N.J.S.A. 40A:14-147, setting forth charges against a member or officer of the Police Department. A copy of the complaint shall thereafter be served upon the member or officer so charged. The copy served upon the officer so charged shall contain a notice of hearing setting forth the date and time of the hearing which shall be held by the Borough Administrator not less than 10 nor more than 30 days from date of service of the complaint. On the designated date, the Borough Administrator or a hearing officer designated by the Borough Administrator will conduct a disciplinary hearing in accordance with N.J.S.A. 40A:14-148. In the event that a hearing officer is so designated, the hearing officer must file a recommended decision containing findings, conclusions and a recommendation as to penalty, if any, with copies provided to the charged officer and representative. The Borough Administrator, whether acting as hearing officer or reviewing a recommended decision of a designated hearing officer, shall have authority to suspend, remove, fine or reduce in rank any member of the Police Department who may be found guilty of the charges brought.
[Ord. No. 94-996 § 1]
The Borough Council may appoint from time to time special law
enforcement officers in accordance with N.J.S.A. 40A:14-146.8, et
seq., as supplemented and amended, for terms not exceeding one year.
Special police officers shall not be considered as regular members
of the Police Department and shall not be entitled to tenure. The
Chief of Police may authorize special law enforcement officers, when
on duty, to exercise those powers and duties authorized in N.J.S.A.
40A:14-146.11, and other applicable statutes, ordinances and regulations.
[Ord. No. 94-996 § 1]
In addition to the regular members of the police force provided for in Subsection 2-14.5 and the special police officers provided for in Subsection 2-14.7, the Mayor and Council may also employ persons 18 years of age or older as civilian dispatchers for the Police Department. Persons shall be appointed to the office of civilian dispatcher for the Police Department on an annual basis and shall be citizens of the United States; shall be able to read, write and speak the English language; and shall be of good moral character and never have been convicted of a crime. Such persons shall be hired in accordance with the hiring procedures set forth in the Borough Personnel and Practices Manual.
Civilian dispatchers shall be subject to the Borough Personnel
Policies and Practices and the Police Department Regulations where
applicable. In the case of a conflict, the Police Department Regulations
shall prevail.
[Ord. No. 94-996 § 1; Ord. No. 2001-1253 § 2]
The compensation for all members of the Police Department, civilian
dispatchers, special officers and parking enforcement officers shall
be fixed by the Mayor and Council within the ranges set forth in the
annual salary ordinance.
[Ord. No. 95-1025 § 1]
There shall be a Police Chaplain who shall be appointed by the
Mayor and Council for a term of one year which shall run from January
1 in the year in which the Chaplain is appointed. The Chaplain shall
be an ordained member of the clergy in good standing in the religion
of his or her faith and shall serve voluntarily and without compensation.
The Chaplain shall hold the rank of Captain. The Chaplain shall act
as a special assistant to the Chief of Police and as an advisor to
all members of the Police Department.
[Ord. No. 95-1038, § 1; Ord. No. 2006-1441 § 1; Ord. No. 2007-1470 § 1; amended 2-27-2023 by Ord. No. 2023-1954]
a.
General Provisions. Any person wishing to contract for the services
of an off-duty police officer shall first obtain the approval of the
Chief of Police, or his designee, which approval shall be granted
if, in the opinion of the Chief or his designee, such employment will
not be inconsistent with the efficient functioning and good reputation
of the Police Department and will not unreasonably endanger or threaten
the safety of the officers who are to perform the work. The availability
of Borough police personnel will be subject to Borough needs, which
might require the withdrawal of such officers at any time. Officers
retained by outside entities shall function as Borough police officers,
but shall be paid from funds obtained from the outside entity in accordance
with this section. In emergent situations, the Chief may temporarily
waive the requirements of this section.
b.
Indemnification, Insurance. Whenever an outside entity contracts
with the Borough Police Department for the services of a police officer
during his or her off-duty hours to engage in police-related activities,
that outside entity must first:
1.
Indemnify and hold the Borough harmless from and against any and
all losses, claims, damages or expenses, including reasonable attorney
fees, arising from the performance or police-related duties by such
off-duty Borough police officer on behalf of such entity. Such indemnity
agreement shall be in a form acceptable to the Borough Attorney.
2.
Provide the Borough, prior to the utilization of the Borough police
officer, with a certificate of insurance from a company authorized
to do business in the State of New Jersey evidencing workers'
compensation coverage, personal liability and comprehensive general
liability with policy limits of not less than $1,000,000 and property
damage liability coverage with policy limits of not less than $300,000.
Such policies of insurance shall name the Borough as an additional
insured and shall remain in effect during the entire period that the
officer is employed by the outside entity.
c.
Charges; Escrow Deposit; Exemptions.
1.
The charges to outside entities for the employment of off-duty members
of the Borough of Bernardsville police personnel to provide police
services shall include:
2.
When Borough is administering the off-duty services itself, and not
utilizing a secondary service provider pursuant to paragraph d below,
the following procedures shall be followed:
(a)
An initial escrow deposit shall be made prior to the performance
of any off-duty services by the officer and shall be calculated by
multiplying the number of anticipated officer hours by the rates set
forth above. Such payment shall be deposited in a trust account entitled
"Police, Outside Services." When the balance on deposit appears to
be insufficient to cover the anticipated costs for off-duty police
services, the Police Chief or his designee shall immediately notify
the outside entity that the funds in the escrow account are insufficient
to pay for continued off-duty police services. If the outside entity
does not replenish the escrow account with certified funds in an amount
sufficient to pay for continued services as determined by the Police
Chief, the Police Chief shall immediately terminate the off-duty police
services. Except in the case of an emergency, no outside police services
shall be provided if there are insufficient funds in the escrow account.
(b)
The Somerset Hills School District and public utilities shall
be exempt from the escrow requirements under this subsection. For
purposes of this section "public utilities" shall include all gas,
electric, power, water, telephone and cable television companies and
other utilities subject to the jurisdiction of Board of Public Utilities
pursuant to Title 48 of the New Jersey Statutes.
(c)
Invoices for Payment. The Borough Chief Financial Officer shall
issue invoices for amounts charged to outside entities for an officer's
time and the use of Borough equipment. Such amounts shall be deducted
from the entity's escrow account and disbursed in accordance
with the procedures established in this section.
(d)
Disbursement. The Borough Finance Department shall pay the officer performing off-duty police services the established amount on the next normal pay cycle following the issuance of an invoice pursuant to Subsection 2-24.4 above and shall pay the Borough for use of Borough equipment. At the conclusion of the construction project or event for which the officers were engaged, the Borough Finance Department shall issue a final accounting and provide a copy to the outside entity. If the outside entity's escrow deposit exceeds the actual costs incurred, the Borough shall refund the unused balance. If there is a shortfall, the outside entity shall remit the balance due within 10 days of receipt of a notice from the Borough.
d.
The Borough may choose to utilize a secondary service to administrate
and perform the above actions related to the off-duty employment process.
These actions include but are not limited to: Communicating with said
person or company to schedule off-duty "jobs," scheduling the officers
for the said jobs, invoicing person or company and receiving escrow
and/or payments from the person or company in a manner set forth by
the secondary service provider. The secondary service provider may
charge an additional fee for services that are above and in addition
to the fee structure stated above and utilize business-type collection
rules as set forth in the contract between the Borough and the secondary
service provider.
[Ord. No. 2001-1253 § 1]
a.
Appointment; Power and Authority. The Governing Body may, as it deems
necessary, appoint parking enforcement officers to enforce State,
County or municipal statutes, resolutions, ordinances or regulations
related to the parking of vehicles within the Borough. Parking enforcement
officers will have the power and authority to:
1.
Issue a parking ticket for a parking offense, as those terms are
defined in the Parking Offenses Adjudication Act (N.J.S.A. 39:4-139.2
et seq.);
2.
Serve and execute all process for any parking offense issuing out
of the Bernardsville Municipal Court; and
3.
Cause any vehicle parked, stored or abandoned in the Borough in violation
of a statute, resolution, ordinance or regulation to be towed away
from the scene of the violation and to collect from the owner or the
owner's agent, on behalf of the Borough, the cost of the towing and
subsequent storage of the vehicle before surrendering the vehicle
to the owner or agent.
b.
Limitation on Usage of Firearms; Exclusion from Membership in Retirement System. A parking enforcement officer shall not be a special law enforcement officer within the meaning of the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.) and shall not be a member of the Borough police force. No parking enforcement officer may carry or use a firearm while on duty. A parking enforcement officer shall be deemed to be on duty while the officer is performing the public safety functions enumerated in Subsection a above and for which the officer is receiving compensation from the Borough. A parking enforcement officer is not eligible for membership in the Police and Firemens' Retirement System established pursuant to N.J.S.A. 43:16A-1 et seq.
c.
Minimum Qualifications. No person may be appointed as a parking enforcement
officer unless, at a minimum, the person:
1.
Is a resident of this State during the term of appointment;
2.
Is able to read, write and speak the English language well and intelligently;
3.
Is of sound mind and in good health;
4.
Is of good moral character; and
5.
Has not been convicted of any offense involving dishonesty or which
would make the person unfit to perform the duties of his office.
d.
Taking of Fingerprints; Determination of Eligibility and Qualifications.
1.
An applicant for the position of parking enforcement officer pursuant
to this subsection and N.J.S.A. 40A:9-154.7 et seq. shall have fingerprints
taken, which fingerprints shall be filed at the Division of State
Police and the Federal Bureau of Investigation.
2.
Before any parking enforcement officer is appointed pursuant to this
subsection, the Chief of Police shall ascertain the eligibility and
qualifications of the applicant and report those determinations in
writing to the Governing Body.
e.
Completion of Training Course; Waiver. No person may commence duties
as a parking enforcement officer unless that person has successfully
completed a training course conducted or approved by the Borough Police
Department. The Governing Body may waive this training requirement
for any person otherwise eligible to be appointed as a parking enforcement
officer if the person possesses substantially equivalent training
and background as determined by the Chief of Police.
f.
Uniform; Insignia. Prior to the commencement of duties, every parking
enforcement officer shall be furnished with a uniform which shall
clearly identify the officer's function. The uniform shall include,
but not be limited to, a hat and appropriate badges which shall bear
an identification number or name tag and the name of the Borough of
Bernardsville. The uniform shall also include an insignia issued by
the Borough which clearly indicates the officer's status as a parking
enforcement officer. The uniform shall be distinct in color from the
uniform of a regular police officer or special law enforcement officer.
[Ord. No. 95-1010 § 1]
The Borough of Bernardsville recognizes the Bernardsville Fire
Company, a duly incorporated volunteer fire company, as the agent
and instrumentality of the Borough for the prevention and control
of fires. The Fire Company is authorized to use the hydrants and other
facilities of the Borough in the exercise of its functions.
[Ord. No. 95-1010 § 1]
The Fire Company may adopt a constitution and make bylaws for
its government, the assessing of dues among its members and the expenditure
thereof, the care and management of its property and all other acts
as may be necessary and expedient for its protection and government,
in compliance with the constitutions and laws of the United States
and the State of New Jersey.
[Ord. No. 95-1010 § 1]
The Fire Company, with the consent of the Borough Council, shall
elect firemen to membership. No one shall be appointed to membership
in the Fire Company unless he or she submits the required membership
application form and meets the following minimum requirements. Each
applicant must be:
a.
A citizen of the United States.
b.
Not less than 18 years of age.
c.
In good health and of sound body, to be evidenced by a certificate
to that effect signed by a licensed practicing physician of the State
of New Jersey, in which the physician states that in his opinion the
applicant is able to perform the duties required of a fire fighter.
[Ord. No. 95-1010 § 1; Ord. No. 2001-1251 § 1]
Prior to appointment, the Fire Chief shall submit the prospective
member's name and social security number to the Chief of Police who
shall then request criminal history record information from the New
Jersey State Police, State Bureau of Identification, in accordance
with applicable law including N.J.S.A. 53:1-20.6 and applicable regulations
including N.J.A.C. 13:59-1.1, et seq.
No criminal history record shall be requested without the written
consent of the prospective member. Such consent must be included with
the application for membership.
Upon receipt of the criminal history record information, the
Chief of Police shall notify the prospective member in writing of
the prospective member's qualification or disqualification. An individual
shall be disqualified from membership in the Fire Company if the individual's
criminal history record reveals a record of conviction of any of the
following crimes and offenses:
a.
A crime or offense bearing upon or involving a sexual offense or
child molestation or endangering the welfare of children or incompetents.
b.
A crime or offense within the last 20 years involving the manufacture,
transportation, sale, possession or habitual use of a "controlled
dangerous substance" as defined in the New Jersey Controlled Dangerous
Substance Act, N.J.S.A. 2C:35-1, et seq.
c.
A crime or offense involving the use of force or the threat of force
to or upon a person or property including: armed robbery, assault,
kidnapping, arson, manslaughter and murder.
The Fire Chief and the Mayor and Council shall be notified of
a disqualification but shall not receive a copy of the criminal history
record.
The prospective member shall have 30 days from the date of the
written notice of disqualification to petition the Chief of Police
for a hearing on the accuracy of the criminal history record information.
No person shall be appointed to the Fire Company without first
complying with the provisions of this section.
[Ord. No. 95-1010 § 1]
Qualified members shall be eligible for exempt fireman's certificates
pursuant to the provisions of N.J.S.A. 40A:14-56.
[Ord. No. 95-1010 § 1]
The Fire Chief shall annually file with the Borough Clerk a
verified list of all of the members not having exempt fireman certificates.
The list shall contain their names and residences and information
relevant subsequently to their qualifications for such certificates.
[Ord. No. 2017-1738]
a.
Preamble. There is a need to provide opportunity for and develop
young people who are interested in learning the fields of fire prevention,
fire fighting and emergency first aid work in the Borough of Bernardsville,
and this can be accomplished by authorizing the volunteer Bernardsville
Fire Company and First Aid Squad to organize a Junior Firefighter's
Auxiliary in accordance with N.J.S.A. 40A:14-95.
b.
Eligibility. No person shall be eligible for membership who is less
than 16 or more than 21 years of age. Persons between the ages of
16 and 18 shall be required to obtain permission to join the auxiliary
and perform the support duties from their parents or guardian. Such
permission shall be in writing and acknowledged or proved in the manner
required by law for deeds to real estate to be recorded. Background
checks shall be performed by the Bernardsville Police Department as
allowed by State statute.
c.
Insurance Coverage for Members. Members of the auxiliary shall be
insured with the same coverage ad in the same amounts provided for
the regular volunteer firefighters and EMS providers of the municipality.
d.
Junior Firefighter's Auxiliary Committee.
1.
The Junior Firefighter's Auxiliary program shall be under the guidance
of a standing committee within the Fire Company, which shall be made
up of three members, all of whom have served as field officers and
the current Fire Chief.
2.
The role of this committee shall include oversight of training program
design, delivery and recordkeeping to ensure the junior firefighters
have been appropriately and adequately trained to perform the support
duties; and that the junior firefighters are appropriately and adequately
supervised in performing those support duties at the fire site.
e.
Number of Members Limited. The number of junior firefighters shall
be limited to no more than 10 members.
f.
Trainees. The Junior Firefighter's Auxiliary Committee may establish
progressive training program for each member in the following categories:
1.
Fire prevention/suppression.
2.
Vehicle rescue operations.
3.
NIMS compliance awareness level.
4.
Engine/tender/ambulance usage and maintenance.
5.
EMS first responder/EMT.
6.
CPR (cardiopulmonary resuscitation).
7.
Firefighter 1 (junior program).
8.
Defensive driving.
9.
Pump operations.
10.
Personal protective equipment (PPE), including self-contained breathing
apparatus (SCBA).
g.
Minors Prohibited from Certain Actions. Members of the Junior Firefighter's
Auxiliary will serve according to New Jersey Child Labor Laws. A minor
under 18 cannot:
1.
Work in, about, or in connection with highly flammable substances,
radioactive substances and ionizing radiation, carcinogenic substances,
toxic and hazardous substances.
2.
Work in, about or in connection with injurious quantities of toxic
or noxious dusts, gases, vapors or fumes.
3.
Fight fires.
4.
Oil, wipe or clean machinery in operation.
5.
Work with grinding abrasive, polishing or buffing machines.
6.
Operate hoisting apparatus, power tools, hydraulic tools, pneumatic
tool.
7.
Be any place where heating, melting or heat treatment of metals is
carried on (cutting torches).
i.
Attendance. A junior firefighter shall attend 75% of all training
drills and meetings called by the Junior Firefighter's Auxiliary Committee
during any six-month period.
