[Adopted 9-12-1962 by Ord. No. 455; amended in its entirety 2-14-1984 by Ord. No. 84-776 (Ch. 84, Art. I, of the 1966 Code)]
[Amended 12-8-1987 by Ord. No. 87-851; 11-10-1988 by Ord. No. 88-877; 6-14-2011 by Ord. No. 2011-1343]
A. 
Pursuant to the authority granted by N.J.S.A. 40A:14-118, the Borough of Montvale hereby establishes a Police Department in and for the Borough of Montvale, New Jersey, to consist of the following positions, and the maximum number of individuals assigned to each respective rank, as follows:
(1) 
Chief of Police: one.
(2) 
Captain: one.
(3) 
Lieutenant: three.
[Amended 2-14-2017 by Ord. No. 2017-1422]
(4) 
Sergeant: five.
(5) 
Patrol officers: 18. See Subsection C below.
[Amended 8-11-2015 by Ord. No. 2015-1404; 2-14-2017 by Ord. No. 2017-1422; 6-14-2022 by Ord. No. 2022-1521]
(6) 
Class One Special Law Enforcement Officers (SLEO I) who may from time to time be appointed and who shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police: as necessary.
[Amended 5-30-2017 by Ord. No. 2017-1427]
(7) 
Class Three Special Law Enforcement Officers (SLEO III) who are retired regular police officers and who may from time to time be appointed and shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police for use solely as school security officers as detailed in N.J.S.A. 40A:14-146.10 et seq., as necessary.
[Added 5-30-2017 by Ord. No. 2017-1427]
B. 
This section shall not be construed as establishing any right on the part of any member or members of the Police Department to appointment to any position within the Department, nor shall it be construed as terminating or interrupting any period of service or tenure of any member of the Montvale Police Department. The existence and continuance of any of the above-specified offices and the number of appointees to each such office shall be determined by the governing body as it may, from time to time, in its sole discretion, deem reasonably necessary for the efficient and effective operation of the Department.
C. 
In the event that there is an unfilled vacancy in any of the superior officer positions, the maximum number of patrol officers shall be increased by the number of such vacancies. However, in no event shall the maximum number of officers in the Police Department, including the Chief, Captain, Lieutenants, Sergeants and patrol officers, but excluding auxiliary police officers and special law enforcement officers, exceed 28 members.
[Amended 8-11-2015 by Ord. No. 2015-1404; 2-14-2017 by Ord. No. 2017-1422; 5-30-2017 by Ord. No. 2017-1427; 6-14-2022 by Ord. No. 2022-1521]
D. 
The Mayor and Council of the Borough of Montvale shall be deemed to be the "appropriate authority" for purposes of the Borough Code and N.J.S.A. 40A:14-118.
[Added 3-11-2014 by Ord. No. 2014-1385]
The Mayor, at the annual meeting of the Borough Council, shall appoint a Police Commissioner and a Deputy Police Commissioner, who shall be members of the Borough Council. Said appointments may be revoked at any time by the Mayor.
The Police Commissioner shall act as liaison and shall furnish a written report to the Mayor and Council at their first regular meeting in each month, which report shall cover the detailed operations of the Police Department for the preceding month. He shall at all times be subject to the ultimate control of the Mayor and Council.
The Deputy Police Commissioner shall act only in the case of the absence of the Police Commissioner at all times during his absence from the Borough. He shall succeed to the duties and powers of the Police Commissioner in the same manner as the President of the Council succeeds to the duties of the Mayor as now or hereafter provided by law.
A. 
The Chief of Police shall be the executive officer of the Police Department who shall be appointed by the Mayor and Council. He shall obey and cause the members of the Police Department under his command to obey the ordinances and rules and regulations of the municipality as promulgated by the Mayor and Council, the laws of the State of New Jersey and the United States and shall effect and enforce the general orders within the Department. He shall be held responsible for the efficiency, general conduct, appearance and good order of the Department and shall promptly report to the administrator each and every case of dereliction of duty coming to his attention, as well as any and all complaints made against any member of the Department.
B. 
The Chief of Police shall repair to the scene of any riot or tumultuous assemblage, take charge of the police present and use every exertion to save property, disperse mobs and arrest such persons he may find to be engaged in disturbing the peace or abetting others to do so. He shall at all time be vigilant in suppressing all violations of the laws of this state and the ordinances of the Borough of Montvale, New Jersey. He shall further maintain an awareness of lawlessness in the community and such other matters relating to the public safety and general welfare of the citizenry.
C. 
The Chief of Police shall keep in his office a record in which shall be entered the names, addresses and telephone numbers of each member of the Department and a record of any pertinent information relative to actions, progress, etc., pertaining to each member. He shall post in police headquarters copies of the ordinances to establish, maintain and regulate the Police Department of the Borough of Montvale, all amendments thereto, rules and regulations and general orders of the Police Department, as approved and revised by the Mayor and Council of the Borough of Montvale. He shall be in control of and be responsible to the Mayor and Council for all equipment and all property of the Borough of Montvale issued to members of the Department for or while rendering services as a police officer for the Borough of Montvale and shall, at the end of each year, make an inventory of all such property and submit a copy of such inventory as a special report to the Mayor and Council at the end of such year. The Chief of Police shall certify the hours of active duty and other special details and assignments required from time to time by the members of the Department.
D. 
The Chief of Police shall, with the assistance of and by designation of such superior officers as may be required for that purpose, keep in police headquarters the police blotter, in which shall be entered a record of all complaints and reports received by the Department, the name and address of the person or persons making such complaints, the nature of the complaint or report and the disposition of the same. There shall also be entered in the police blotter the personnel absentees and those present each day and other pertinent information for or pertaining to the records of the Department. The material herein required shall be set forth in said blotter in a form to be prescribed by the Chief of Police. Names and addresses may be withheld in the discretion of the Chief to the extent reasonably required to protect ongoing investigations and the personal rights and safety of persons involved in reported incidents.
E. 
The Chief of Police shall designate or approve the day and night patrols and the tours of duty and the members who shall fulfill such patrols and tours of duty; arrange and determine special assignments and details; and provide for proper traffic regulations and control, subject to the confines of the budget allocated for the efficient operation of the Department.
F. 
The Chief of Police shall be empowered to temporarily suspend any member or members of the Department for a willful violation or disregard of a law, ordinance, rule, regulation or order, pending final disposition to be made by the Mayor and Council as provided in § 84-10.
G. 
The Chief of Police shall be empowered to temporarily appoint such additional special law enforcement officers as shall be necessary in the case of an emergency, and such appointments shall be vested with full power and lawful authority as is delegated to any member of the Police Department until the close of the Council meeting following such appointment. Such appointments in an emergency shall only be made in the event of the inaccessibility or unavailability of the Mayor or in the further event that the emergency does not allow time for consultation with the Mayor. When made, the Chief shall nevertheless, as soon thereafter as is practicable, confer with the Mayor or, in his absence, the succeeding executive of the governing body, who shall thereafter convene a meeting of the governing body for the purpose of authorizing, where necessary, the retention of manpower as temporarily appointed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
The Chief of Police shall be responsible for maintaining the security of all weapons, equipment, matters of evidence and documents which are the property or which come into the possession of or are entrusted to the Department in the performance of its operation and for maintaining confidentiality with matters under investigation.
I. 
A record shall be maintained of any meritorious or special service by a member or members of the Department.
During the absence of the Chief of Police, the officer of next highest rank shall assume full control and command of the Police Department and shall perform all of the duties of the Chief of Police, unless otherwise ordered by the Chief to the contrary. In the event of two or more officers of equal rank being next in succession, the officer with greatest seniority shall assume the duties of the Chief of Police.
Subject to the provisions of § 84-6, each ranking officer and patrol officer shall perform such duties as prescribed by the Chief of Police or by his or her commanding officer, as such orders may be delegated through the Chief of Police or authorized by the rules and regulations and general orders of the Department. They shall, to the extent that they are the ranking officers or, in the instance of two or more ranking officers on the same tour, then the ranking officer with the greatest seniority, unless otherwise prescribed by the Chief, have immediate supervision and control the tour of duty to which they shall be assigned and the patrol officers on such tour, provided that where no ranking officer is assigned to a prescribed tour, then the patrol officer with greatest seniority shall assume the duties of commanding officer unless otherwise directed by the Chief. They shall promptly obey all orders received from their superior officers and shall set an example of sobriety, discretion, industry and promptness and shall instruct patrol officers in their duties. They shall report to the Chief of Police or, during his absence, the commanding officer all delinquencies or violations on the part of any member or members of the Department which may be brought to their attention. Within the scope of their responsibility, such shall be subject to all such laws of the State of New Jersey as have been or may be passed for the conduct, benefit and protection of police, officers or employees of the Police Departments in the State of New Jersey. Furthermore, they shall be familiar with, subscribe to and abide by the rules and regulations provided in this article, as each may be amended and supplemented, together with the general orders as established by the Chief of Police.
[Amended 12-8-1987 by Ord. No. 87-851]
As designated, detectives, including those holding the rank of Detective Sergeant, shall perform all of the duties as provided for in § 84-7, including those of a uniformed police officer, subject to special investigative duties as assigned by the Chief of Police. Except as may be in conflict with any order of the Chief, those officers assigned to the Detective Bureau shall promptly obey all orders received from their superior officer. Except as authorized by the governing body, the scope of investigations to be authorized or conducted shall be limited to the Borough of Montvale.
A. 
It shall be the duty of every member of the Police Department of the Borough of Montvale to acquaint himself or herself at all times with the ordinances of the Borough, the rules and regulations governing the Department and the general orders; to closely examine all cases where he may have reasons to suspect that an ordinance or a state law may be violated; and to report the same to the Chief of Police or, during his absence, the commanding officer in charge of the Department. Failure on the part of any member of the Department to comply with the requirements of this section shall be sufficient grounds for penalties that may be prescribed or, as the case may be, for immediate dismissal.
[Amended 6-12-2018 by Ord. No. 2018-1453]
B. 
All officers and members of the Police Department shall have, possess and exercise all of the powers of a constable and peace officer. They shall also be empowered to serve and execute all processes issuing out of a Municipal Court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Qualifications. No person or persons shall be appointed an officer or member of the Police Department who has been convicted of a crime involving moral turpitude which would be, in the judgment of the appointing power, prejudicial to the morale of the Department.
D. 
Appointment.
(1) 
Not less than four weeks' notice of the examination for appointment to the Police Department must be published at least once a week in a newspaper circulating in the municipality.
(2) 
Said appointment shall be subject to the provisions of N.J.S.A. 40A:14-122 et seq.
(3) 
Any person or persons appointed after the passage of this article must be at least 18 years of age and have obtained an AAS degree in criminal justice or police science with prior police experience, or a Bachelors of Arts or Science degree from an accredited college or university, or received an honorable discharge from one of the branches of the United States Armed Forces (Army, Navy, Air Force, Marines or Coast Guard) after serving two or more years of active duty and having obtained 30 or more credits towards a degree from an accredited college or university. Such person must be of good moral character, sound in body and in good health and able to read and write the English language intelligently. It shall be lawful for the Mayor and Council to employ officers and persons temporarily in case of emergency or for parts of a year in cases where their services are not required throughout the entire year and discharge them at the expiration of said temporary employment. At all times, all officers must be citizens of the United States.
[Amended 8-22-1995 as Ord. No. 95-1005; 6-12-2018 by Ord. No. 2018-1453]
Any member of the Police Department may be removed from office, suspended and/or fined, as herein provided for, in addition to any other punishment to which he may be subject by law, against whom any of the following charges may have been substantiated:
A. 
Incompetency, lack of energy and incapacity, mentally or physically.
B. 
Violation of any criminal law or penal ordinance.
C. 
For refusal to do or fulfill a duty or detail of any kind whenever necessity requires, whether on duty, patrol or elsewhere and whether in uniform or not.
D. 
Failure to report a known violation of the law of the ordinances of the Borough.
E. 
Willful disobedience of orders.
F. 
Failure to properly patrol designated or prescribed post or absence from post without a valid excuse.
G. 
Sleeping on duty.
H. 
Disrespect to a superior officer.
I. 
Absence without leave.
J. 
Conduct in a manner which will impair the discipline of the Department.
K. 
Conduct subversive of good order and discipline of the force.
L. 
Conduct unbecoming an officer and a gentleman.
M. 
Intoxication while on duty.
N. 
Indecent, profane and harsh language.
O. 
Immorality, indecency or lewdness.
P. 
Entering a house of prostitution, gambling houses or rooms, saloons, taverns or sporting houses of any description while on duty, unless in the proper discharge of his duty.
Q. 
Acceptance of a bribe.
R. 
Acceptance of a favor or gift as a consideration either for the performance of a duty or nonperformance of his duty.
S. 
Making known any proposed movement of any law enforcement agency.
T. 
Making or causing to make any false entry in or removing or causing to be removed or altering or causing to be altered any official Police Department record.
U. 
Violation of the rules and regulations of the Municipal Court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
V. 
Unnecessary violence to prisoners or citizens.
W. 
Willful mistreatment of a prisoner or citizen.
X. 
Violation of the Motor Vehicle Act of the State of New Jersey,[1] where his license to drive a motor vehicle has been suspended or revoked by the Motor Vehicle Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: See N.J.S.A. 39:1-1 et seq.
Y. 
Violation of the Montvale Police Department Rules and Regulations.
[Added 4-30-2013 by Ord. No. 2013-1375]
[Amended 4-30-2013 by Ord. No. 2013-1375]
All appointments as police officers of the Police Department of the Borough of Montvale shall be made from a list prepared by the Mayor and Council after examination and with special reference to the fitness of the person so appointed. Appointments shall be made for a probationary period of 12 months from the completion of the approved Police Training Commission (PTC) police certification course, or for precertified appointees, 12 months from the date of hire, after which period, the probationary appointee may be eligible for a permanent appointment. Said list shall be in force for a period of one year from the time of certification. All appointments by the Mayor and Council to the Police Department shall be made from the list of applicants who have passed the written, oral and physical examinations as well as a comprehensive background investigation as provided in this article, subject to the provisions hereof.
[Amended 4-30-2013 by Ord. No. 2013-1375]
A. 
Applicants for appointment to the Police Department of the Borough of Montvale shall be required to submit themselves to such examination as may be required by the Police Examining Board designated by the Chief of Police.
B. 
No applicant shall receive consideration for appointment to the Police Department unless he shall have received a passing grade and successfully completed the entire appointment process as required by the Chief of Police. The Chief of Police will provide a list of finalists and recommendations to the Mayor and Council for consideration for appointment. Final determination for appointment shall be reserved to the Mayor and Council.
The Examining Board shall conduct an examination which may be written or oral, or both, as to the physical, mental and moral qualifications of applicants for appointment to the Police Department. All candidates shall submit to a physical examination designated by the Examining Board, and no recommendation for an appointment to the Police Department will be made until a doctor so designated by the Mayor and Council shall certify that the applicant is in good health and physically fit to discharge the duties of a police officer. Upon the holding of such examination, the Examining Board shall rate said applicants and certify the rating of all such applicants to the Mayor and Council.
[Amended 4-30-2013 by Ord. No. 2013-1375]
A. 
Chief of Police.
(1) 
Whenever a vacancy or impending vacancy for the position of Chief of Police occurs within the Montvale Police Department, the Mayor will empanel an Examining Board to conduct evaluations of all applications, which may include but not be limited to written and oral skills, management ability, psychological assessment and other pertinent areas of performance-related matters. The Examining Board shall submit the name of at least one candidate to the Mayor for appointment.
(2) 
The Mayor and Council will determine application eligibility criteria before announcing the opening to members of the Police Department. All eligible applicants shall submit to the Examining Board a resume outlining in detail his or her experience and educational background. The Examining Board may require an independent examination by the New Jersey State Police Chiefs Association, the International Association of Chiefs of Police or other comparable testing entity. The testing entity will develop and conduct and grade an examination that will consist of a series of multiple-choice questions, or an oral examination and then grade the oral examination. The Mayor or his designee may submit or suggest any appropriate topic areas or questions to the outside testing entity to be included in the examination. These questions will be based upon police practices and may include police and investigative procedures, supervisory and administrative principles, New Jersey criminal law, report writing, search-and-seizure issues, New Jersey Attorney General guidelines and directives, and legal aspects and requirements of police work. The Mayor or his designee shall provide a written announcement of the reading list or syllabus of possible sources of materials utilized in developing the test in order for candidates to prepare for the written examination.
(3) 
The candidates will be required to submit to any additional testing or evaluations, such as a psychological evaluation, that the Examining Board deems appropriate.
(4) 
The Mayor may accept or reject the recommendation(s) of the Examining Board. If the Mayor selects a candidate recommended by the Examining Board, he shall appoint a Chief of Police, with the advice and consent of the Borough Council.
(5) 
If the Mayor does not find any candidate of the Examining Board to be suitable, he may select another person to fill the vacancy of Chief of Police and appoint said person, with the advice and consent of the Borough Council.
(6) 
In the event that the Mayor fails or refuses to make a selection as above provided for within a reasonable time after a vacancy in the office is determined to exist, then in such event, the Council may, on motion, appoint such person as it deems qualified, subject to the provisions of this article.
B. 
All other promotions.
(1) 
Whenever a vacancy in a higher rank occurs, the Chief of Police shall submit a request to the Mayor and Council to fill the vacancy. If approved, the Chief of Police will then initiate the promotion procedure as outlined by the current Promotion Policy in the Montvale Police Department.[1] The appropriate authority (Montvale Mayor and Council) reserves the right to make the final determination for promotion from any one of the top three scoring candidates from the Sergeant, Lieutenant or Captain eligibility list. In the event of numerous promotional openings during the lifespan of the promotional list, the numbers four, five and six ranking candidates may be considered if they have received a passing score on the total examination. In no case will a candidate be promoted over another candidate who was ranked more than two positions higher on the final eligibility list. The Chief of Police or his designee will provide the Mayor and Council with the eligibility list and provide advice to the Mayor and Council about the finalists.
[1]
Editor's Note: This ordinance also provided for adoption of a Promotion Policy, a copy of which is on file in the Police Department.
(2) 
Eligibility for promotions, testing criteria, appeals processes as well as point valuation for seniority, education, performance and discipline are outlined in the Montvale Police Department Policy.
(3) 
All promotions shall be made in accordance with the Promotion Policy for the Borough of Montvale Police Department, a copy of which is on file in the Montvale Police Department. Notwithstanding the foregoing, the Chief of Police is expressly authorized to relax certain provisions of the Montvale Police Department Promotion Policy, as set forth within the Promotion Policy, when deemed necessary to meet the administrative needs of the Police Department.
C. 
General provisions. Notwithstanding anything to the contrary, all promotions shall be made with due regard to the provisions of N.J.S.A. 40A:14-129 and N.J.S.A. 40A:14-130.
Holidays granted to members of the Department shall be as provided for in the collective bargaining agreement entered into between the membership of the Department and the Borough of Montvale. To the extent that such agreement is inapplicable as to any member of the Department who shall not be a member of the collective bargaining unit, holidays shall be determined as per the policy established by the governing body or negotiated as between the governing body and the individual.
All ordinances or parts of ordinances inconsistent with this article are hereby repealed as to such inconsistent part.
If for any reason any section or any provision of this article shall be questioned in any court and shall be held unconstitutional or invalid, the same shall not be held to affect any other section or provision of this article.