[Ord. No. 96:18 § 1; Ord. No. 2007:04; Ord.
No. 2013:08; Ord. No. 2015:01; Ord. No. 2016:08; Ord. No. 2016:27; amended 10-16-2019 by Ord. No. 2019:25; 9-14-2020 by Ord. No. 2020:11; 10-14-2020 by Ord. No. 2020:14; 10-23-2023 by Ord. No. 2023:36]
b.
Organization Chart. There shall be a review of the New Milford Police
Force Table of Organization, at least every two years, by the Chief
of Police, Police Liaison and Borough Attorney to ensure that it meets
the needs of the Borough, its residents, businesses and visitors and
is in compliance with all relevant statutes and judicial decisions.
Failure to conduct such a review shall not render this section invalid.
c.
Appointment of personnel. The Chief of Police shall be appointed
by the Mayor, subject to confirmation by the Council, and all other
officers of the uniformed force and other personnel shall be appointed
by the Mayor and Council.
d.
Qualifications of Appointees. No person shall be appointed a member
of the Police Department unless he possesses the requisite qualifications
prescribed by the applicable statutes of New Jersey relating to age,
residence and other qualifications and eligibility requirements.
e.
Promotions.
1.
Promotion to Chief of Police.
(a)
The position of Chief of Police is hereby declared to be an
executive and managerial position, and promotion to the office of
Chief of Police shall be in accordance with the following:
(1)
The selection process for the managerial position of Chief of
Police shall be comprised of the following components with corresponding
weights:
(2)
The above-stated components shall be defined and ranked as follows:
[a]
Seniority: Candidates shall be ranked against competing
candidates based upon seniority. Seniority shall be computed as the
quotient of the number of months of service as a sworn law enforcement
officer to the Borough of New Milford and the number of months of
service, as defined above, of the longest-serving officer eligible
for the particular promotion being sought. The result shall be multiplied
by 10 to reach the percentage achieved by each candidate for seniority.
[b]
Oral Evaluation: An oral interview conducted by
the Mayor and Council which shall consider the following:
[c]
Review of Personnel File/Employment History/Disciplinary
History: The personnel file, including but not limited to job evaluations,
disciplinary record, commendations and attendance records shall be
reviewed.
[d]
Existing Chief Recommendation. The existing/immediate
past Chief of Police shall make a recommendation for his/her replacement
based upon a ranking in order of the candidates. The recommendation
shall be the quotient of the ranking, No. 1 being the lowest, divided
by the number of the candidates, and multiplied by 10 to derive the
value of the recommendation. If there is no Chief of Police due to
death, disability or dismissal, then the oral evaluation shall be
weighted to account for 60% of the score.
[e]
Education: For promotion to the rank of Chief,
no person shall be eligible for such promotion unless he or she, at
the time the promotion process commences, has attained 120 college
credits or a bachelor’s degree from an accredited college or
university. Candidates shall be competitively evaluated and ranked
based upon the level of education attained. Ranking shall be as follows:
[Amended 8-23-2021 by Ord. No. 2021:15]
(b)
The Mayor and Council shall promote the employee who demonstrates
the greatest overall strength and ability to function in a managerial
capacity. In the event that members of the police force receive the
same total value, preference shall be given to seniority.
2.
Promotion to the Ranks of Detective, Sergeant, Lieutenant and Captain.
(a)
Goals: The Borough of New Milford desires to promote the most
qualified candidates to the ranks of Sergeant, Lieutenant and Captain.
This section establishes the eligibility requirements and the process
for promotion to those ranks.
(2)
The promotion process shall be based on the following requirements
as set forth in this paragraph:
[a]
Participating in a competitive written and/or oral
examination.
[b]
Cumulative employee evaluations.
[c]
Seniority.
[d]
Education.
[e]
Military service.
[f]
Merit and demonstrated ability.
[g]
Specialized job assignments, responsibilities and
performance.
[h]
In-service education and specialized schools.
[i]
Community service.
(3)
In accordance with N.J.S.A. 40A:14-129, promotion of any officer
shall be made from within the membership of the New Milford Police
Department. In accordance with N.J.S.A. 40A:14-118, all promotions
within the New Milford Police Department shall be made by the governing
body, except as to the Chief of Police, whose promotion or appointment
shall be by the Mayor with consent and approval of the governing body.
(b)
Eligibility Requirements:
(1)
Sergeant: For promotion to the rank of Sergeant, no person shall
be eligible for such promotion unless he or she, at the time the promotion
process commences:
(2)
Lieutenant: For promotion to the rank of Lieutenant, no person
shall be eligible for such promotion unless he or she, at the time
the promotion process commences:
[a]
Shall have served a minimum of three years as a
full-time Sergeant for the New Milford Police Department.
[b]
Shall have attained 60 college credits or an associate
degree from an accredited college or university. The foregoing education
requirement for the rank of Lieutenant becomes effective January 1,
2020.
(3)
Captain: For promotion to the rank of Captain, no person shall
be eligible for such promotion unless he or she, at the time the promotion
process commences:
[a]
Shall have served a minimum of three years as a
full-time Lieutenant for the New Milford Police Department.
[b]
Shall have attained 120 college credits or a bachelor's
degree from an accredited college or university. The foregoing education
requirement for the rank of Captain becomes effective January 1, 2020.
(c)
Process.Process. The promotion process is considered to have
commenced when the request for resumes and a letter of intent is announced
and posted in Borough Hall. Qualified police officers seeking consideration
for promotion must submit their resume to the office of the Chief
of Police within 14 calendar days after the promotional process commences.
Resumes shall be in the form of a standard business resume, and shall
include the following items:
[Amended 8-23-2021 by Ord. No. 2021:15; 10-13-2021 by Ord. No. 2021:18]
|
Length of service.
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Level of education and/or military service.
|
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In-service education and/or specialized schools.
|
|
Specialized job assignments, responsibilities, and performance.
|
|
Police experience and accomplishments.
|
|
Community service/experience.
|
|
Letter of recommendation from at least one direct supervisor.
|
(1)
Sergeant: For promotion to the rank of Sergeant, each candidate
shall be scored and subsequently ranked, by score, as follows:
[a]
Candidates shall take an oral and/or written examination
administered by the New Jersey Police Chiefs Association, or participate
in another exam process conducted by a recognized examination committee
or company, and authorized by the governing body. The candidate's
exam score(s) shall be valued at 40% of his or her overall score,
based on an exam that contains a maximum point value of 100. Candidates
who score lower than 70 points on the exam will not qualify for the
promotion sought and, therefore, will not move on to the next element
of the process.
[b]
Candidates who have participated in the foregoing
exam administered by the New Jersey Police Chiefs Association, or
another exam authorized by the governing body, and score 70 points
or above, will be interviewed and/or evaluated by a Police Committee
consisting of the Chief of Police, Police Captain(s), Police Lieutenant(s),
and Police Sergeant(s). The Police Committee shall provide a score
at the conclusion of each interview and/or evaluation, valued at 25%
of his or her overall score. The Police Committee shall score candidates
by using some or all of the following criteria:
[1]
Biannual employee evaluations.
[2]
Standardized set of questioning.
[3]
Individual questioning.
[4]
Officer breadth of knowledge and supervisory skills.
[5]
Merit, productivity, demonstrated ability and accomplishments.
[6]
Efforts supporting Department goals and objectives.
[7]
In-service education and specialized schools.
[8]
Specialized job assignments, responsibilities,
and subsequent performance.
[9]
Attitude and demeanor.
[10]
Commendations.
[c]
Candidates who have participated in the foregoing
exam administered by the New Jersey Police Chiefs Association, or
another exam authorized by the governing body, and score 70 points
or above, shall be assigned additional points based on the following
criteria:
[1]
Seniority: Candidate earns one point for every
year of police service, with a maximum attainable score of 20 points.
[2]
Education and/or military service: Candidate earns
the following points for credits attained at an accredited college
and/or active-duty military service (honorable discharge), with a
maximum attainable score of 15 points.
30+ college credits = 3 points
60+ college credits = 6 points
90+ college credits = 9 points
120+ college credits = 12 points
150+ college credits = 15 points
2+ years in military/honorable discharge = 3 points
4+ years in military/honorable discharge = 6 points
(2)
Lieutenant: For promotion to the rank of Lieutenant, each candidate
shall be scored and subsequently ranked, by score, as follows:
[a]
Candidates shall take an oral and/or written examination
administered by the New Jersey Police Chiefs Association or participate
in another exam process conducted by a recognized examination committee
or company and authorized by the governing body. The candidate's exam
score(s) shall be valued at 40% of his or her overall score, based
on an exam that contains a maximum point value of 100. Candidates
who score lower than 70 points on the exam will not qualify for the
promotion sought and, therefore, will not move on to the next element
of the process.
[b]
Candidates who have participated in the foregoing
exam administered by the New Jersey Police Chiefs Association, or
another exam authorized by the governing body, and score 70 points
or above, will be interviewed and/or evaluated by a Police Committee
consisting of the Chief of Police, Police Captain(s), and Police Lieutenant(s).
The Police Committee shall provide a score at the conclusion of each
interview and/or evaluation, valued at 25% of his or her overall score.
The Police Committee shall score candidates by using some or all of
the following criteria:
[1]
Biannual employee evaluations.
[2]
Standardized set of questioning.
[3]
Individual questioning.
[4]
Officer breadth of knowledge and supervisory skills.
[5]
Merit, productivity, demonstrated ability and accomplishments.
[6]
Efforts supporting Department goals and objectives.
[7]
In-service education and specialized schools.
[8]
Specialized job assignments, responsibilities,
and subsequent performance.
[9]
and demeanor.
[10]
Commendations.
[c]
Candidates who have participated in the foregoing
exam administered by the New Jersey Police Chiefs Association, or
another exam authorized by the governing body, and score 70 points
or above, shall be assigned additional points based on the following
criteria:
[1]
Seniority: Candidate earns one point for every
year of police service, with a maximum attainable score of 20 points.
[2]
Education and/or military service: Candidate earns
the following points for credits attained at an accredited college
and/or active-duty military service (honorable discharge), with a
maximum attainable score of 15 points.
30+ college credits = 3 points
60+ college credits = 6 points
90+ college credits = 9 points
120+ college credits = 12 points
150+ college credits = 15 points
2+ years in military/honorable discharge = 3 points
4+ years in military/honorable discharge = 6 points
(3)
Captain: For promotion to the rank of Captain, each candidate
shall be scored and subsequently ranked, by score, as follows:
[a]
Candidates will participate in an interview conducted
by a Police Committee consisting of the Chief of Police, Police Captain(s),
the Mayor, and two Councilpersons. The Police Committee shall provide
a score at the conclusion of each interview, based on an evaluation
that contains a maximum point value of 60 points. The Police Committee
shall score candidates with consideration to the following criteria:
[1]
Standardized set of questioning.
[2]
Individual questioning.
[3]
Comprehension and presentation skills in oral communication.
[4]
Maturity in judgment.
[5]
General knowledge of current Departmental operations.
[6]
Management capabilities.
[7]
Problem solving through creative concepts.
[8]
Merit, productivity, demonstrated ability and accomplishments.
[9]
In-service education and specialized schools.
[10]
Specialized job assignments, responsibilities,
and subsequent performance.
[11]
Attitude and demeanor.
[12]
Commendations.
[13]
of personnel file.
[b]
Candidates who have participated in the foregoing
interview, conducted by the recognized Police Committee, shall be
assigned additional points based on the following criteria:
[1]
Seniority: Candidate earns one point for every
year of police service, with a maximum attainable score of 20 points.
[2]
Education and/or military service: Candidate earns
the following points for credits attained at an accredited college
and/or active-duty military service (honorable discharge), with a
maximum attainable score of 20 points.
30+ college credits = 4 points
60+ college credits = 8 points
90+ college credits = 12 points
120+ college credits = 16 points
150+ college credits = 20 points
2+ years in military/honorable discharge = 4 points
4+ years in military/honorable discharge = 8 points
(d)
Miscellaneous Provisions and Exceptions.
(1)
Notice of Results: When there is more than one candidate competing
for a particular rank, the overall scores will be posted within 14
calendar days after the promotion process has been concluded.
(2)
Waiting Lists - Candidates who participate in the promotion
process for the ranks of Sergeant and Lieutenant and complete the
process in its entirety, but do not attain the rank sought, will be
placed on a waiting list. Candidates will be listed in the order of
their overall scores. The waiting list will remain active for a period
of three years after the promotion process has been concluded and
the first promotion has become effective. Candidates on waiting lists
are not guaranteed promotions in the future.
(3)
Exam Exception: If the number of vacancies within a particular
rank equals the number of eligible candidates, the governing body
may elect to forgo the promotion process. In such cases, rank will
be assigned, using seniority in rank to establish order.
(4)
Years of Service Requirement: Years of service in a particular
rank may be waived if the position sought needs to be filled immediately,
and no officer employed by the Borough of New Milford who would otherwise
qualify for the position has the required amount of years of service.
3.
Time in Rank Required for Promotion. Promotions to the following
ranks will require the following years of continuous time in rank
as a police officer in the New Milford Police Department.
(a)
Chief of Police: a minimum of three years at the rank of Captain
or Lieutenant.
With respect to any promotional opportunities that may arise
prior to January 1, 2016, the time in rank eligibility requirements
set forth above shall not be applicable to any member of the New Milford
Police Department who was a full-time sworn police officer holding
the rank of Captain or Lieutenant as of December 31, 2014.
(b)
Captain: a minimum of three years at the rank of Lieutenant.
(c)
Lieutenant: a minimum of three years at the rank of Sergeant.
(d)
Sergeant: a minimum of 10 years at the rank of patrolman.
4.
Detectives: The Chief of Police may assign police officers, Sergeants
and Lieutenants to the Detective Bureau. Such assignments are not
positions of employment nor ranks and are not subject to the promotional
provisions contained herein.
[Ord. No. 96:18 § 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 New Milford; direct and control traffic; provide
attendance and protection during emergencies; provide appearances
in court; cooperate with all other law enforcement agencies; and provide
training for the efficiency of its members and officers.
[Ord. No. 96:18 § 1]
The Mayor of the Borough of New Milford shall be designated
as the appropriate authority as provided in the New Jersey Statutes.
The appropriate authority shall be responsible for the overall performance
of the Police Department. The appropriate authority shall adopt and
promulgate rules and regulations for the government of the Police
Department and for the discipline of its members.
[Ord. No. 96:18 § 1]
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 appropriate authority, the Chief of Police shall:
a.
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;
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; and
e.
Report at least monthly to the appropriate authority in such form
as shall be prescribed on the operation of the Police Department during
the preceding month and make such other reports as may be requested
by the appropriate authority.
[Ord. No. 96:18 § 1]
A member or officer of the Police Department may be suspended,
removed, fined or reduced in rank for incapacity, misconduct, disobedience
or such other cause as provided in the New Jersey Statutes and the
Police Department's rules and regulations.
[Ord. No. 96:18 § 1]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, psychological
and/or aptitude examination or evaluation.
[Ord. No. 96:18 § 1]
c.
General Duties and Responsibilities.
1.
Police officers shall:
(a)
Take appropriate action to:
(1)
Protect life and property;
(2)
Preserve the peace;
(3)
Prevent crime;
(4)
Detect and arrest violators of the law;
(5)
Enforce all Federal, State, and local laws and ordinances coming
within Department jurisdiction;
(6)
Safely and expeditiously regulate traffic;
(7)
Aid citizens in matters within police jurisdiction;
(8)
Take appropriate police action in aiding fellow officers as
needed.
(9)
Provide miscellaneous services.
(b)
Exercise authority consistent with the obligations imposed by
the oath of office and in conformance with the policies of the Department.
(c)
Abide by all rules, regulations, and Departmental policy and
procedures and directives governing police officer employees.
(d)
Be accountable and responsible to their supervisors for obeying
all lawful orders.
(e)
Coordinate their efforts with other employees of the Department
to achieve Department objectives.
(f)
Conduct themselves in accordance with high ethical standards,
on and off-duty.
(g)
Strive to improve their skills and techniques through study
and training.
(h)
Familiarize themselves with the area of authority and responsibility
for the current assignment.
(i)
Perform their duties promptly, faithfully and diligently.
(j)
Perform all related work as required.
2.
Supervisors in the Department shall:
(a)
Enforce Department rules and insure compliance with Department
policies and procedures.
(b)
Exercise proper use of their command within the limits of their
authority to assure efficient performance by their subordinates.
(c)
Exercise necessary control over their subordinates to accomplish
the objectives of the Department.
(d)
Guide and train subordinates to gain effectiveness in performing
their duties.
(e)
Use Department disciplinary procedures when necessary.
(f)
When using discipline, comply strictly with the provisions of
the Department disciplinary process.
3.
Chief of Police.
(a)
Pursuant to N.J.S.A. 40A:14-118 and municipal ordinance, 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
appropriate authority, the Chief of Police shall:
(1)
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 offers;
(2)
Have, exercise and discharge the functions, powers and duties
of the Police Department;
(3)
Prescribe the duties and assignments of all members and officers;
(4)
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
(5)
Report at least monthly to the appropriate authority in such
form as shall be prescribed on the operation of the Police Department
during the preceding month and make such other reports as may be requested
by the appropriate authority.
(b)
Responsibilities. The Chief of Police is responsible to:
(1)
Establish and maintain the efficient operation of the Department.
(2)
Organize, control and maintain all property and resources of
the Department.
(3)
Develop the written organizational structure of the Department,
including chain of command and duty assignments.
(4)
Develop and implement policies and procedures necessary to govern
and direct the day to day operations of the Police Department.
(5)
Provide for the proper training of all Department employees.
(6)
Provide for periodic inspections of all police operations to
insure compliance with Department rules, policies, and procedures.
(7)
Maintain the overall discipline of the Department.
(8)
Maintain a constructive relationship with the public, community
organizations, the media and other law enforcement agencies.
(9)
Prepare and submit the annual budget and proposed expenditure
programs to the appropriate authority or other designated officials.
(10)
Allocate funds within the budget which are appropriated by the
governing body.
4.
Civilian employees shall:
(a)
Take appropriate action to perform the duties of their positions
promptly, faithfully and diligently.
(b)
Exercise authority consistent with the obligations imposed by
their position and in conformance with the policies of the Department.
(c)
Be accountable and responsible to their supervisors for obeying
all lawful orders.
(d)
Coordinate their efforts with other employees of the Department
to achieve Department objectives.
(e)
Conduct themselves in accordance with high ethical standards,
on and off-duty.
(f)
Strive to improve their skills and techniques through study
and training.
(g)
Familiarize themselves with the area of authority and responsibility
for the current assignment.
(h)
Abide by all rules, regulations, and Departmental policy and
procedures and directives governing civilian employees.
(i)
Perform all related work as required.
e.
Personnel Regulations.
1.
Hours and Leave.
(a)
Hours of duty. Employees shall have regular hours assigned to
them for active duty, and when not so employed, they shall be considered
off duty. Employees are subject to be recalled to duty as needed.
(b)
Scheduled days off. Employees are entitled to days off pursuant
to appropriate collective bargaining agreements and are to be taken
according to a schedule arranged by the appropriate supervisor.
(c)
Vacation leave. Employees are entitled to vacation days off
pursuant to appropriate collective bargaining agreements, Department
policy and procedure, and approval of the vacation schedule by the
appropriate supervisor.
(d)
Other leaves. Employees are entitled to other leave as provided
for in collective bargaining agreements, by law and by Department
policy and procedure, subject to approval of the schedule by the appropriate
supervisor.
(e)
Sick leave. Employees are entitled to sick days off for illness
pursuant to appropriate collective bargaining agreements and Department
policy and procedures.
(f)
Abuse of sick leave. Employees who take sick leave in violation
of Department policy, collective bargaining agreements or Statute
shall be subject to disciplinary action.
(g)
Suspension of leave. Any vacation leave, scheduled day off,
or other leave of absence may be suspended when an emergency which
reasonably could not have been foreseen is declared by appropriate
Department authority, and which unavoidably requires utilization of
additional employees who are not scheduled to work.
f.
Discipline.
1.
Disciplinary Action.
(a)
Disciplinary action. Employees, regardless of rank, shall be
subject to disciplinary action, according to the nature or aggravation
of the offense. Offenses for which disciplinary action may be taken
include, but are not limited to:
(1)
Committing an offense punishable under the laws or statutes
of the United States, the State of New Jersey or any other State,
or municipal ordinances;
(2)
Failure, either willfully or through negligence or incompetence,
to perform the duties of their rank or assignment;
(3)
Violation of any rule, policy, procedure, or directive of the
Department; or
(4)
Failure to obey any lawful instruction, order, or command of
a supervisor.
(b)
Repeated violations. Repeated violations of the rules of conduct
shall be indicative of employee's disregard for their duty and may
be cause for dismissal. This shall apply regardless of the type or
severity of the offenses.
2.
Disciplinary Procedure. The disciplinary procedures shall be in accordance
with the laws of the State of New Jersey, Municipal Ordinance, agreements
between the New Milford Police Department bargaining unit and the
Borough of New Milford and consistent with Department policy and procedure.
3.
Purpose. The New Milford Police Department shall ensure that the
purpose of the discipline process is to accomplish the following:
(a)
Insure the highest professional standards for law enforcement
within the Department.
(b)
Provide citizens with a fair and effective avenue for redress
of their legitimate grievances against law enforcement officers.
(c)
Protect officers from false charges of misconduct or wrongdoing
and provide accused officers with due process safeguards.
(d)
Monitor officer's compliance with Department rules and regulations
and policies and procedures.
(e)
Identify problem areas in which increased training or direction
is necessary.
4.
Hearing Authority.
(a)
The appropriate authority may designate the Chief of Police,
as the chief executive officer, to serve as the hearing officer having
the authority and responsibility for Departmental discipline, subject
to the limitations set forth in the New Jersey Statutes. Exceptions
to this shall be oral reprimands and emergency suspensions. Department
discipline must be taken or approved by the Chief of Police.
(b)
The appropriate authority shall be the hearing officer when
the Chief of Police is the subject of disciplinary action.
6.
Penalties.
(a)
The disciplinary process of the New Milford Police Department
is established to ensure compliance with any rule, regulation, policy,
procedure or directive of the Department or higher authority. Discipline
may include any of the following steps, depending on the offense:
(1)
Training.
(2)
Counseling.
(3)
Oral reprimand or performance notice.
(4)
Letter of reprimand.
(5)
Loss of vacation time.
(6)
Imposition of extra duty.
(7)
Monetary fine.
(8)
Transfer/reassignment.
(9)
Suspension with pay.
(10)
Suspension without pay.
(11)
Loss of promotion opportunity.
(12)
Demotion.
(13)
Discharge from employment.
(b)
In addition, the hearing authority may impose a penalty outside
of the foregoing list. Should the hearing authority impose a penalty
outside of the list, this action must be clearly explained in the
hearing documentation. All discipline shall bear a rational relationship
to the nature and severity of the offense.
[Ord. No. 97:06]
a.
All dispatchers hired will be considered civilian employees of the
New Milford Police Department, whose basic duties will include receiving
and relaying police, fire, and ambulance telephone calls and radio
messages to various vehicles and concerned personnel; operate a variety
of computer and communication equipment; and related work as assigned
by the highest ranking officer in charge of that shift.
b.
Civilian communication operators or dispatchers shall not be members
of the Police Department, shall not be covered under or considered
members of the New Milford PBA, but shall be considered civilian employees.
c.
All police reports shall be taken by sworn members of the Police
Department only. Police dispatchers shall not be considered at any
time sworn officers.
d.
All dispatchers must be willing to work eight hour shifts, including
weekends and holidays.
e.
All dispatchers must be 18 years or older, possess a high school
diploma; must be a citizen of the USA; have the ability to read, write
and speak English; must be of good moral character; must have never
been convicted of any criminal or disorderly persons offense, and
shall be subject to a three month probationary period after completing
training at the police academy. A secondary language is preferred
but not required.
f.
All dispatchers must undergo a thorough background investigation,
including but not limited to FBI, State Police, local police, school,
credit bureau, family, etc., and initial drug testing.
g.
Commencing with July 30th, 1997 (after the anniversary of their three
month probationary period) dispatchers assigned to the New Milford
Police Department, shall be and they are hereby entitled to all recognized
Borough holidays;
h.
At the discretion of the Chief dispatchers may be called in to work
any shift. If that shift falls on a holiday the dispatcher will be
compensated in accordance with Borough Policy.
i.
All dispatchers must have the ability to organize assigned communications
work and develop appropriate work methods according to procedures;
understand, remember, and carry out oral and written instructions;
prepare reports and statistical data accurately and quickly; speak
clearly and in a pleasant and cooperative manner; learn the functions
and operations of the New Jersey Enforcement teletypewriter system;
and must abide by the rules, regulations, standards, policies and
procedures of the Police Department.
[Ord. No. 2011:11; Ord. No. 2011:20]
a.
Purpose. For the convenience of those persons and entities which
utilize the services of law enforcement officers of the New Milford
Police Department and to authorize the assignment of Extra Duty for
Borough police from a pool of off-duty officers, the Borough hereby
establishes a policy regarding the use of said officers.
1.
Members of the Police Department shall be assigned by the Police
Department to police related functions for private employers or school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Borough.
2.
Any person or entity wishing to employ police 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, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Police Department, and would not unreasonably endanger
or threaten the safety of the officer or officers who are to perform
the work. All such employment may only be in accordance with applicable
Police Department policies and procedures.
3.
Off-duty officers selected on a rotating basis for extra-duty details
will be considered on-duty and will function under the supervision
of the Chief of Police. Employees working extra duty assignments will
be held to the normal standard of conduct and are subject to disciplinary
action for any violation of the rules and regulations.
b.
Escrow Accounts.
1.
Except as provided hereinbelow or required by Local Finance Notices,
any person or entity requesting the services of a law enforcement
officer in the New Milford Police Department shall estimate the number
of hours such law enforcement services are required, which estimate
shall be approved in writing by the Chief of Police, or his designee,
and shall establish an escrow account with the Treasurer of the Borough
by depositing an amount sufficient to cover the rates of compensation
and administrative fees set forth hereinbelow for the total estimated
hours of service.
2.
If the amount required to be deposited with the Borough pursuant
to paragraph b1 hereinabove exceeds $20,000, an escrow deposit of
$20,000 shall be required. Said twenty thousand ($20,000.00) dollar
deposit shall be maintained until such time as the amount required
to be deposited for all remaining services on any given project shall
be less than $20,000, and then such lesser amount shall be required
to be maintained.
3.
Prior to posting any request for services of law enforcement officers,
the Chief of Police or his designee shall verify that the balance
in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services from any person or entity
unless all fees and compensation required in the manner described
above have been deposited with the Borough Treasurer. No officer shall
provide any such services for more hours than are specified in the
request for services as same may be amended or required by emergency
or unforeseen circumstances.
4.
In the event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall immediately cease
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
5.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
6.
The person or entity requesting such services and any municipality
requesting that such services be performed by New Milford officers
outside the municipality of New Milford shall execute such indemnification
agreements and provide such insurance as required by the Borough or
its designees.
7.
Recognized public utilities, such as Public Service Electric &
Gas, and United Water, as well as houses of worship and local public
schools shall be exempt from the requirements for the posting of an
escrow deposit.
8.
Emergency services, required prior to the ability to post an escrow
account, shall be permitted provided that the contractor is a public
utility and that escrow funds are posted within 48 hours.
c.
Requests for Services. All requests to the Borough for the services
of law enforcement officers in the New Milford Police Department shall
be forwarded to the Chief of Police, or his designee, for posting
as soon as possible before such services are required. Any law enforcement
officers, when so employed by the Borough, shall be treated as an
employee of the Borough and shall be deemed to be on-duty for departmental
purposes provided, however, that wages earned for extra duty shall
not be applied toward the pension benefits of law enforcement officers
so employed. Nor shall hours worked for extra duty employment be considered
in any way as departmental overtime.
d.
Rates of Compensation; Administration Fee; Payment for Services.
Rates of compensation for contracting the services of off-duty law
enforcement officers shall be at the established minimum rate to be
periodically set by resolution.
e.
Borough Liability. By accepting extra-duty employment, members of
the New Milford Police Department recognize that the Borough can never
be responsible for payment to the officers unless an escrow has been
posted by the entity seeking the use the officer's services.
[Ord. No. 2018:20; amended 9-28-2022 by Ord. No. 2022:23]
a.
In accordance with the Special Law Enforcement Officers' Act, N.J.S.A.
40A:14-146.8 et seq., within the Borough there shall be the position
of Special Law Enforcement Officer: Class One and Class Three.
b.
No person shall be appointed as a Special Law Enforcement Officer
within the Borough unless they meet the requirements set forth at
N.J.S.A. 40A:14-146.10.
c.
Pursuant to N.J.S.A. 40A:14-146.15, Special Law Enforcement Officers
shall fall under the supervision of the Chief of Police. However,
in accordance with N.J.S.A. 40A:14-146.14a, Special Law Enforcement
Officers shall not be considered members of the Borough's Police Department.
d.
The duties and responsibilities of the position of Special Law Enforcement
Officer: Class One and Class Three shall be set by the Chief of Police,
in accordance with N.J.S.A. 40A:14-146.8 et seq.
[5-11-2020 by Ord. No.
2020:09]
a.
In accordance with N.J.S.A. Appendix A:9-33 et seq., within the Borough
there shall be the volunteer position of Auxiliary Police Officer.
b.
All members of the Auxiliary Unit must be residents of and maintain
residence in the Borough of New Milford. Exceptions will be considered
on a case-by-case basis and only when:
c.
Qualifications for membership in the New Milford Police Auxiliary
Unit are:
1.
Citizen of the United States or a permanent alien resident;
2.
Resident of the State of New Jersey;
3.
At least 18 years of age and be a high school graduate or have an
equivalency certificate recognized by the Education Department of
the State of New Jersey;
4.
Able to read, write and speak the English language;
5.
Good moral character;
6.
Physically qualified to perform assigned duties. Physical disability
is not a disqualifier if the person is able to perform assigned duties;
7.
Free of criminal conviction;
8.
Must possess a valid New Jersey driver's license by date of appointment
if vehicle operation is required;
9.
Must have 20/20 vision with or without corrective lenses;
10.
Meet such other requirements as are established in the New Milford
Police Auxiliary SOP manual, rules, and regulations.
d.
No remuneration shall be paid to any member of the New Milford Police
Auxiliary for the performance of their duties, nor shall any auxiliary
officer receive remuneration for the performance of his/her duties,
unless the Chief of Police grants special permission (e.g., construction,
community affair requests, etc.). The New Milford Police Auxiliary
shall not be party to any collective bargaining unit of the New Milford
Police Department.
e.
Auxiliary Unit members are not authorized to carry firearms or other
weapons.
[Ord. No. 87:17 § 1; Ord. No. 2000:16]
Established rank in the Fire Department shall descend in the
following order: Chief of the Department, Assistant Chief, Deputy
Chief, Senior Captain, Junior Captain, Senior Lieutenant, Junior Lieutenant,
ex-Department Chiefs in descending order, firefighter, probationary
firefighter. There may be a Financial Secretary for each company.
The Chief and the Assistant Chief shall not be members of the same
Fire Company. The Mayor and Council by resolution may create such
additional companies, as it may deem necessary.
[Ord. No. 87:17 § 1]
The Chief shall be elected annually at an election, subject
to the following restrictions and regulations.
a.
No member of either company shall hold the office of Chief for two
successive years.
b.
The Chief of the Department shall be elected alternately from the
two existent companies of the Borough.
c.
Any candidate for the office of Chief of the Department shall be
fully qualified for office under the bylaws of the company of which
he is a member, and have at least four years of fire officer duty
in the New Milford Fire Department.
d.
The company which shall be entitled to nominate members for the election
of Chief shall accept nominations from the floor at the November company
meeting. Additional nominations may be presented at the December company
meeting and at the close of nominations at the December meeting the
election will take place. Upon election, the name of the successful
candidate shall be submitted to the Mayor and Council for appointment.
[Ord. No. 87:17 § 1; Ord. No. 93:29 § 1]
a.
Nominations of members for the election to Assistant Chief, Deputy
Chief, Captain, and Lieutenant, shall be accepted from the floor at
the November company meeting. Additional nominations may be presented
at the December company meeting and, at the close of nominations at
the December meeting, the election shall take place. Upon election,
the name of the successful candidates for Assistant Chief, Deputy
Chief, Captain, and Lieutenant shall be presented to the fire liaison
for presentation to the Mayor and Council not later than two days
after the first company meeting in December in each year, to be held
on the first Monday of that month. The Mayor and Council shall act
to either approve or disapprove the elections of the Assistant Chief,
Deputy Chief, Captain, and Lieutenant by December 15. Should the Mayor
and Council reject the candidates for Assistant Chief, Deputy Chief,
Captain and Lieutenant, they shall provide, in writing, the reasons,
based upon the Department Rules and Regulations, company bylaws, or
municipal and/or State law, for such rejection to the Fire Chief.
The company or companies may then choose, within one week, to elect
another to fill the offices of Assistant Chief, Deputy Chief, Captain
and Lieutenant, the names shall be presented to the Mayor and Council
for action as detailed above. The Mayor and Council shall act upon
that nomination within two weeks of their next regularly scheduled
council meeting.
b.
The company may provide good and sufficient reasons to the Mayor
and Council to retain the original nominee if originally rejected
and, if the Council agrees, the rejection of that candidate shall
be rescinded. If the company declines to elect a new Assistant Chief,
Deputy Chief, Captain, and Lieutenant, the Mayor and Council shall
then direct the fire liaison, in conjunction with the Board of Fire
Officers, to present candidates from the company as delineated in
the bylaws to fill the vacant office until such time as the company
elects an officer that is approved by the Mayor and Council, or the
normal term of office expires, whichever comes first.
[Ord. No. 87:17 § 1; Ord. No. 2000:16]
Command shall be exercised by the virtue of rank and in the
cases of equal rank by length of service in such rank; and where equal,
the officer's respective position on the eligibility list which determined
the order of his appointment to that grade.
[Ord. No. 87:17 § 1]
The Assistant Chief and Deputy Chief shall have the full supervision
of the respective companies of which they are members but at all times
shall be subservient to the Chief, provided however, that in the absence
of the Chief, the next senior officer, according to the bylaws, shall
be in charge.
[Ord. No. 87:17 § 1; Ord. No. 2006:06; amended 3-27-2023 by Ord. No. 2023:16; 8-28-2023 by Ord. No. 2023:26]
Any person applying for membership in the Department shall reside
in the Borough or within one mile of the New Milford border. The applicant
cannot be a member of another department, must be a citizen of the
United States and may become a member of the Borough Fire Department
as herein provided:
a.
The maximum membership of the several companies shall not exceed
50 members including officers, in each company.
b.
Borough firemen shall meet the standards of NJFSA and shall perform
all firematic duties.
c.
Membership in the Fire Department must be submitted to the Mayor
and Council and accepted as members by a majority vote of the Mayor
and Council, subject to its rules and regulations.
d.
The several companies may waive the one year residence requirements
in the case of a member in good standing of another Fire Department.
[Ord. No. 98:06 §§ 1—5;
amended 8-23-2021 by Ord. No. 2021:16]
a.
Establishment. There shall be established in the Borough of New Milford
an auxiliary to the New Milford Volunteer Fire Department, to be known
as the "Junior Firefighters Auxiliary." The members of the Junior
Firefighters Auxiliary shall be members of the Department and serve,
with the consent of the Mayor and Council, under the authority and
supervision of the New Milford Volunteer Fire Department.
b.
Age and residency requirement. No person shall be eligible for membership
in the Junior Firefighters Auxiliary who is younger than 14 years
of age or older than 23 years of age, in accordance with the rules
and regulations referred to herein. All applicants shall either reside
within the Borough of New Milford or within one mile of the Borough's
border.
c.
Parental/guardian permission. Persons serving in the Junior Firefighters
Auxiliary shall be required to obtain permission, annually, to participate
in the Auxiliary from their parents or legal guardians. Such permission
must be given, in writing, and acknowledged or proven in the same
manner as is required by law for deeds to real estate to be recorded.
d.
Physical examination. Members of the Junior Firefighters Auxiliary
shall satisfy the physical examination requirement established by
the Auxiliary's rules and regulations.
e.
Insurance coverage. Members of the Junior Firefighters Auxiliary
shall be provided with the same insurance coverage and the same amounts
of coverage as is provided for regular members of the New Milford
Volunteer Fire Department.
f.
Rules and regulations. The Junior Firefighters Auxiliary shall be
subject to rules and regulations. Said rules and regulations shall
be formulated by the New Milford Volunteer Fire Department and approved
by the Mayor and Council. Said rules and regulations shall be formulated
and approved prior to the induction of a member into the Auxiliary.
Said rules and regulations shall provide for the training of Auxiliary
members for eventual membership in the New Milford Volunteer Fire
Department and shall further provide that no junior firefighter will
be required to perform duties which would expose him or her to the
same degree of hazard as a regular member of the New Milford Volunteer
Fire Department.
g.
Force and effect. This section shall take effect and be enforced
from and after its approval, as required by law.
h.
Employment. Any members of the Junior Firefighters Auxiliary who
shall be employed by the Borough of New Milford shall only respond
to a dispatch in accordance with the rules and regulations of the
Junior Firefighters Auxiliary.
[Ord. No. 87:17 § 1]
No unauthorized person shall be allowed to enter any firehouse
or handle any apparatus or implements belonging to the Department
unless accompanied by an active member thereof.
[Ord. No. 87:17 § 1]
In the event of a vacancy in the office of Chief of the Fire
Department, the company from which the office of Chief originated
shall appoint an Interim Chief to fill the unexpired term. Such appointment
shall be made from the available Active Chiefs starting with the last
to hold office and continuing in reverse order.
[Ord. No. 87:17 § 1]
The routine business and affairs of the Department and of the
several companies shall be regulated and controlled by rules and regulations
to be promulgated and adopted by the Fire Department and several companies,
which rules and regulations shall be observed and complied with by
the officers and members of the Department and of the several companies.
[1]
Editor's Note: Former subsection 2-20.10, Board of Inquiry,
previously codified herein and containing portions of Ordinance No.
87:17 was repealed in its entirety by Ordinance No. 93:29.
[Ord. No. 87:17 § 4]
a.
Condition for Payment. In accordance with the provisions of N.J.S.A.
43:12:28.1 et seq., a pension shall be paid to the widow or to the
children of a volunteer fireman who has died or shall have died as
a result of injuries sustained in the course of performance of duty
as a member of any volunteer fire company organized, existing and
recognized within the Borough of New Milford.
b.
Amount. No such pension shall exceed the sum of $5,000 annually.
The pension shall be paid to the widow during her widowhood, or to
the unemancipated child or children under 18 years of age of such
fireman if he leaves no widow surviving him, or to such unemancipated
child or children after the death of his widow.
c.
Provision for Payment. The Mayor and Council, after adopting a resolution
providing for the payment of any such pension, shall make provision
in its budget for the payment of such payment, which shall be paid
in the same manner as municipal employees are paid.
[Ord. No. 93:29 § 2]
The Mayor and Council recognize that there are two entities
within each fire company — the firematic and civic — Which
may cause some doubt as to the chain of command concerning matters
within the Fire Department. In order to remove any doubt, the chain
of command within the New Milford Fire Department shall be as follows:
In all instances, the authority of the line officers (or firematic
officers), shall take precedence over the authority of any civic officer.
While it is recognized that the civic officer's authority extends
only to nonfirematic and social activities, if there is a question
of jurisdiction, then the orders of the firematic officer shall prevail.
The Chief, or in the Chief's absence, the Senior Line Officer, in
each company shall be considered the final authority in that company.
The Department Chief shall, in all cases, be considered the final
authority within the Fire Department.
[Ord. No. 93:29 § 2]
The New Milford Fire Department shall develop a set of operating
rules and practices and disciplines and penalties which shall be the
bylaws that will govern both Company 1 and Company 2, and set a standard
of uniformity in the operations of the New Milford Fire Department.
These bylaws shall be developed by a committee, to be appointed by
the Fire Chief, and shall be completed within six months from the
passage of this subsection. The committee shall be comprised of an
equal number of members from both companies. The new bylaws shall
supersede any conflicting provisions of bylaws or rules and regulations
established by the individual companies. The operating bylaws so developed,
shall be presented to the Mayor and Council for approval or disapproval
within 30 days of their receipt. If the Mayor and Council disapprove
of the rules, then a revised set of rules shall be presented to the
Mayor and Council for their consideration. That revised set of bylaws
shall be presented to the Mayor and Council within two weeks of their
rejection, and shall be reviewed by the Mayor and Council within 30
days of submission.
[Ord. No. 93:29 § 2; Ord. No. 2000:16]
In all cases the accused may, within 10 days, in writing to
the Chairman appeal the decision of the Board. The letter requesting
such an appeal must state the reasons why the defendant feels an appeal
is warranted.
The Appeals Board will be made up of two active ex-Department Chiefs from the accused's company and three active ex-Chiefs from the other company, with the last active ex-Department Chief in descending order acting as the Board's Chairman. An active ex-Department Chief shall be a member of the New Milford Fire Department who meets the requirements as set forth in subsection 2-20.6. No member of the Hearing Board shall serve on the Appeals Board. In the event there are not sufficient numbers of active ex-Department Chiefs for the Appeals Board, senior active fire fighters in descending order from their respective company shall serve on the Board. No member shall serve on the Appeals Board where a conflict of interest is obvious. Should there be evidence of impropriety or misconduct in the above proceedings, the Hearing Board shall retain the right to appeal the decision of the Appeals Board to the Mayor and Council.
The Chairman of the Appeals Committee shall appoint a secretary
who shall keep accurate minutes of all proceedings. Such minutes shall
be retained indefinitely within the personnel file of the member's
Company.
The Appeals Board retains the right to uphold, adjust or dismiss
the decision of the Hearing Board. The Chairman of the Appeals Board
shall notify in writing the Chairman of the Hearing Board, the accuser
and the accused outlining the results of the proceedings and the reasons
for the decision. In the event the Appeals Board upholds or adjusts
the decision of the Hearing Board, such decision shall be placed within
the accused member's personnel file. In the event that the Board finds
in favor of the accused, all records of the proceedings shall be removed
from the accused's personnel file and said member shall be awarded
all credits based upon said member's average percentage for the six
month period prior to the event in question.
In all cases, the accused has the right, after exhausting the above procedures, to appeal to the Mayor and Council as per subsection 2-20.14 of the Borough of New Milford.
