[1983 Code § 21-1]
The Fire Department shall consist of a Chief, an Assistant Chief
and as many firemen between the ages of 18 and 49 years, residents
of the Borough, as may be appointed to membership by the Mayor and
confirmed by the Borough Council. No fireman who is a member in good
standing of the Fire Department shall be barred from further active
membership because of age in excess of 49 years or because of nonresidence
in the Borough of Pompton Lakes occurring after appointment.
[1983 Code § 21-2; New]
Any person possessing the above qualifications, desiring to
become a member of the Fire Department, shall make application on
blanks provided for that purpose to the Borough Council, and upon
election, shall be detailed by the Chief to duty with one of the companies
in the Department.
[1983 Code § 21-3]
Any fireman may resign at any time at any regular Borough Council
meeting, said resignation to be made in writing, and credit will be
given for time served as a fireman, provided that said fireman is
in good standing and free from charges at time said resignation is
made.
[New; 1983 Code § 21-4]
A.
The Chief and the Assistant Chief of the Fire Department shall be
elected by the members of the Fire Department for the term of two
years each.
B.
The members of the Fire Department, at a meeting to be held no later
than the second Tuesday in January, at 8:00 p.m., at the fire headquarters,
which meeting shall be known as the "annual meeting," shall elect,
by ballot, a Captain and a First and Second Lieutenant from and for
each designated company of the Fire Department; but said elections
are subject to the approval of the Borough Council at its next regular
meeting. Should the Council not approve of any or all so elected,
the Municipal Clerk shall so notify the Chief of the Fire Department
and shall call a meeting of the firemen, to be held at the fire headquarters
at 8:00 p.m. within one week of the date of said rejection; and should
any of the officers elected at this subsequent meeting meet with the
disapproval of the Borough Council, at its next regular meeting, the
Council shall then forthwith appoint to fill the vacancies, and all
officers so appointed shall hold office until the next annual meeting
of the Fire Department.
[1983 Code § 21-5]
The firemen shall be divided into five or more companies, of
not more than 25 each, nor less than 12 each, to be known as "Number
One," "Number Two," "Number Three," "Number Four," "Number Five,"
and the firemen shall do duty with such companies as they may be assigned
to by the Chief. The members of each company shall themselves elect
a President, Vice President, Secretary and Treasurer, who shall hold
office for one year, which election shall be held at the time and
place of the annual meeting. Each company may adopt a constitution
and bylaws for its civic government, but all constitutions, bylaws,
rules and regulations adopted by them, or revisions of the same, shall
be subject to the approval of the Borough Council.
[1983 Code § 21-6]
It shall be the duty of the companies, so often as any fire
shall break out, to respond immediately upon the alarm thereof to
their respective fire houses and to convey their apparatus to the
fire, unless otherwise directed by the senior officer present, and
to remain under his direction until ordered home, and they shall thoroughly
wash and clean all apparatus before returning it to the several places
of deposit.
[1983 Code § 21-7]
A.
The Chief and Assistant Chief, in the order of their rank, shall
have entire charge of the firemen and the apparatus while it is actually
engaged in active fire duty, while on parade or inspection or when
employed in drills, and it shall be their duty to see that all apparatus
is returned to its place of deposit on each occasion, properly cleaned
and washed. In all cases of fire, the chiefs, in order of their rank,
shall have full and absolute control and command, and shall cause
the firemen and the apparatus to work in the most advantageous manner.
B.
They shall take command of the Fire Department and direct the management
thereof for the suppression of the fire in the best manner possible,
and when it may be necessary for the protection of other property
and to prevent the spread of the conflagration, the officers in command
may cause buildings to be removed, torn down or destroyed in the best
manner possible.
C.
Every male person above the age of 18 years, who shall be present
at a fire, shall be subject to the orders of the officer in command
at such fire and shall render all assistance in his power and in such
manner as he may be directed in the extinguishment of the fire and
in the removal of and protection of property, provided that no person
shall be bound to obey any such officer, unless such officer's official
character shall be made known to such person.
[1983 Code § 21-8]
Should the Chief and Assistant Chief be absent from any fire,
the several companies shall work under the command of their company
officers in the order of their rank. The first ranking officer at
the scene of the fire shall have charge of all companies and shall
act in the place of the Chief.
[1983 Code § 21-9]
It shall be the duty of the Chief to report monthly to the Borough
Council at its first regular meeting the condition of all fire-fighting
apparatus and appurtenances, the number of hydrants in use and condition
of the same, the number and date of all fires during the past month,
with the location, probable cause and estimated loss on the same,
and the number of active members of each company, and to make at that
time such recommendations as will in his opinion make for the efficiency
and betterment of the Department. In the interim between Council meetings,
the Chief and the Chairman of Public Safety Committee of the Council
are hereby empowered to make such emergency repairs or replacements
to the fire-fighting apparatus as may, in the judgment of the Chairman
of the Public Safety Committee of the Borough Council, be necessary
to keep the Fire Department up to the highest standard of efficiency.
[1983 Code § 21-10]
The Chief in command at any fire is clothed with full and complete
police authority and is authorized and directed to require and secure
the removal of any and all obstructions from in front of and around
hydrants and is authorized to call upon the head of any municipal
department for aid and assistance.
[1983 Code § 21-11]
Any fireman or officer, while on duty at any fire, drill, parade
or inspection who shall refuse or willfully neglect to obey or execute
any orders from the officer in charge shall, for that offense, be
subject to reduction in rank, suspension or expulsion from the Department,
but the officer or fireman so charged shall be permitted by the Borough
Council to be heard in his defense at the pleasure of the Borough
Council.
[1983 Code § 21-12]
No person not an active fireman shall be permitted to handle
any apparatus or fire equipment or appurtenances belonging to the
Fire Department without the consent of the Chief or Assistant Chief.
No person shall be allowed in any firehouse other than an active fireman,
an exempt fireman or a Borough officer. Drivers for the apparatus
shall be officially designated by the Chief and a list of same posted
on the bulletin board. They shall perform such duty in accordance
with their preferential rating. In the absence of all designated drivers,
then the Chief or Assistant Chief or, in the absence of both staff
officers, the company captain shall assign temporary duty to a qualified
driver.
[1983 Code § 21-13]
No fire apparatus or appurtenances shall be taken from the Borough
in order to fight fire in the neighboring communities without the
consent of the Mayor, the Chief, the Assistant Chief or the Chairman
of Public Safety Committee of the Borough Council, and only such firemen
as volunteer to go shall be required to man any apparatus responding
to alarms outside of the Borough limits, but all volunteers for the
fire duty outside the Borough shall become subject to all rules and
regulations as though the fire were within the Borough.
[1983 Code § 21-14]
If any company in the Department shall vote for the expulsion
or suspension of any of its members, the same shall be reported to
the Borough Council at its next regular meeting and the expelled or
suspended member shall have the right to appeal by appearing or stating
reasons in writing, or both, why said expulsion or suspension should
not be confirmed; and in case of his nonappearance or in case his
appeal is not sustained, the Borough Council may thereupon confirm
the suspension or appeal.
[1983 Code § 21-15]
The Chief and Assistant Chief shall, while on duty, wear white
helmets; the company captains, red helmets; and the firemen black
helmets. The company uniforms shall be decided by the respective companies,
subject to the approval of the Borough Council.
[1983 Code § 21-16]
It shall be the duty of the Chief to call a drill for practice
for one or more companies, whenever he deems it necessary, and any
company commander may do likewise for his own company, but no automobile
apparatus shall be taken from the place of deposit for drill purposes
without the consent of the Chief or Assistant Chief. Any fireman who
refuses or willfully neglects to respond to such calls for drills
shall be liable to expulsion or suspension from the Department on
complaint of the Chief to the Borough Council.
[1983 Code § 21-17]
A.
If, for any reason, either the Chief or Assistant Chief, or both,
resign or either or both are removed from their official positions
during the term of their office, the Mayor may appoint a member of
the Fire Department to fill the unexpired term with the confirmation
of the Borough Council.
B.
All vacancies in the company officers shall be filled by election,
subject to the same conditions covering annual elections.
C.
All fire-fighting apparatus used in the Borough of Pompton Lakes
is to be solely the property of the Borough, and all personal property
owned by the firemen while deposited in any Borough firehouse is subject
to the jurisdiction of the Borough Council.
[1983 Code § 21-18]
The Bylaws of the Pompton Lakes Volunteer Fire Department Association,
dated December 3, 1974, and revised to April 1, 1976, are hereby approved
by the Mayor and Borough Council and shall constitute the Bylaws regulating
the conduct of the Pompton Lakes Fire Department. Three copies of
the Bylaws are on file in the office of the Municipal Clerk and shall
remain on file in said office for use and examination by the public.
[1983 Code § 21-19]
The clothing allowances established pursuant to the Salary Ordinance
or any other ordinance which may be in effect at the time shall be
paid to each active firefighter as follows:
A.
Firefighters satisfactorily attending and participating at 70% or
more of all fire alarms, fire drills and work details during the calendar
year shall be paid 100% of the clothing allowance.
B.
Firefighters satisfactorily attending and participating at 60% or
more but less than 70% of all fire alarms, fire drills and work details
during the calendar year shall be paid 2/3 of the clothing allowance.
C.
Firefighters satisfactorily attending and participating at 50% or
more but less than 60% of all fire alarms, fire drills and work details
during the calendar year shall be paid 1/3 of the clothing allowance.
|
Part I Establishment; Organization.
[Prior history includes the 1983 Code §§ 38-1 through
38-53; Ord. No. 11-15; Ord. No. 2013-14; Ord. No. 2016-27.] |
[Ord. No. 2016-26]
The Police Department established pursuant to N.J.S.A. 40A:14-118
is hereby continued.
[Ord. No. 2016-26]
A station house as heretofore established in the Municipal Building,
or as same may be reestablished from time to time by the Mayor and
Council, shall continue and the Chief of Police shall be responsible
for the operations of same.
[Ord. No. 2016-26]
[Ord. No. 2016-26]
It shall be the duty of every member of the Police force to
observe and enforce all laws, ordinances and rules and regulations
pertaining to their duty as a Police Officer. They shall be under
the direct supervision of the Chief of Police, be authorized and empowered,
and it shall be their duty, to do and perform all acts and things
required by general law and ordinances of the Borough, the rules and
regulations of the Police Department or prescribed by the Chief of
Police consistent therewith, to be performed by Police Officers. They
shall perform such other duties as may from time to time be required
of them by virtue of and under policies established by the Appropriate
Authority and prescribed by the Chief of Police.
[Ord. No. 2016-26]
As used in this section, the Appropriate Authority, as defined
in N.J.S.A. 40A:14-118, shall be the Mayor and Council whose decision
upon all matters affecting the Department shall be final. The Mayor
and Council and the individual members thereof shall act in all matters
relating to the police function in the municipality as a body.
The Appropriate Authority (or its designee) has the power to
hear and decide disciplinary matters and promulgate, revise and adopt
the rules and regulations of the Police Department. Any discipline
imposed by a hearing officer that has been designated by the Appropriate
Authority must be approved by the Appropriate Authority before it
is final. In the alternative, the Appropriate Authority may, in its
discretion, delegate the authority to make the final decision to the
hearing officer.
[Ord. No. 2016-26]
A.
In accordance with N.J.S.A. 40A:14-118, the Chief of Police shall
be the head of the police force, and shall be directly responsible
to the Appropriate Authority for the efficiency and routine day-to-day
operations thereof. The Chief shall, pursuant to the policies established
by the Appropriate Authority:
1.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
2.
Have, exercise and discharge the functions, powers and duties of
the force;
3.
Prescribe the duties and assignments of all subordinates and other
personnel;
4.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force, to be exercised under his direction and supervision;
and
5.
Report at least monthly to the Appropriate Authority, in such form
as shall be prescribed by such authority, on the operation of the
force during the preceding month, and make such other reports as may
be requested by such authority.
B.
The Chief shall be appointed by the Mayor and Council and serve for
an indefinite term of office.
C.
In the temporary absence, temporary inability or disability to act
by the Chief of Police, the next highest Superior Officer shall carry
on the duties and responsibilities of the Chief of Police until such
time as the Chief is able to return and resume his duties.
[N.J.S.A. 40A:14-122; Ord. No. 2016-26]
A.
Except as otherwise provided by law, no person shall be appointed
as a member of the Police Department and force, unless they meet the
following qualifications:
1.
Is a citizen of the United States.
2.
Age not less than 18 years nor more than 35 years. However, age restrictions
shall not conflict with current state and federal law.
3.
Is sound in body and of good health sufficient to satisfy the Board
of trustees of the police and firemen's retirement system of New Jersey
as to the eligibility for membership in the retirement system.
4.
Is able to read, write and speak the English language well and intelligently.
5.
Is of good moral character and have not been convicted of any criminal
offense involving moral turpitude.
6.
Is a resident of the State of New Jersey (N.J.S.A. 40A:14-122.8)
subject to the exception for persons discharged or released from the
military in accordance with N.J.S.A. 40A:14-123.1.
7.
Possesses a valid New Jersey motor vehicle driver's license.
[Ord. No. 2016-26]
A.
An initial appointment as a member of the Pompton Lakes Police Department
shall be made, in accordance with a list of duly qualified applicants
who shall be classified as follows, except that all duly qualified
veterans shall be accorded all veteran's preferences as set forth
by law:
B.
Residency requirements shall be met by the announced closing date
for the applicable civil service examination or as may otherwise be
set forth by law.
C.
Applicants for appointment to the Police Department shall be required
to undergo the following selection process (Each step of the examination
process is pass/fail). Applicants must receive passing results in
order to continue onto the next step of the examination process to
determine eligibility.)
[Ord. No. 2016-26]
A.
Appointments to the Police Department shall be made by the Mayor
with the advice and consent of the Council and in compliance with
New Jersey Civil Service Commission regulations and the laws of New
Jersey. Promotions within the force shall be based on merit as determined
by suitable promotion tests and in accordance with the other provisions
of N.J.S.A. 40A:14-122.4.
B.
The Chief of Police shall recommend the applicant(s) that pass(es) all the requirements in Subsection 2-42.7 to the Mayor and Council for appointment, who may appoint one or more of the recommended candidates based upon New Jersey Civil Service Commission regulations and the final ranking of all successful applicants.
C.
All appointments shall be probationary for one year from the date
of certification by the Police Training Commission. However, if the
applicant holds a valid certification at the time of appointment,
the probationary period shall be for one year from the date of appointment
by the Mayor and Council.
D.
The probationary period may be extended by the Chief of Police, for
cause, for a period not to exceed one additional year.
E.
Upon the expiration of the probationary term, the appointment shall
become permanent unless, at any time prior thereto, the probationary
appointment is terminated by the Chief of Police with the approval
of Mayor and Council.
[Ord. No. 2016-26]
Any member appointed or hired shall, as a requisite to becoming a member of the Police Department and before entering upon his/her duties as such, take and subscribe to the oath of allegiance, as set forth in N.J.S.A. 41:1-1 and shall further swear or affirm to abide by, uphold and enforce the ordinances of the Borough, including the provisions of this Part I of § 2-42 and to further swear or affirm to faithfully, impartially and justly perform all the duties of his position or office to the best of his/her ability. Such oath or affirmation shall be filed with the Borough Clerk.
[Ord. No. 2016-26]
A.
All appointments as regular Police Officers shall be on a full-time
basis only and no part-time Police Officers shall be appointed.
B.
All regular officers of the Police Department, including the Chief
of Police, Lieutenant(s), Sergeants, Patrol Officers and Detectives
shall serve as full-time Police Officers at such hours and in such
manner as directed by the Chief of Police subject to applicable provisions
of the collective bargaining agreement between the Borough and PBA
Local 161.
C.
Each full-time member shall devote their time and attention to the
services of the Department with certain hours being allocated for
the performance of regular hours of duty. Full-time officers are considered
to be at all times available for duty and must act promptly any time
their services are required, except when on authorized leave or if
a disability occurs.
[Ord. No. 2016-26]
Wages, compensation and terms and conditions of employment of
regular full-time Police Officers shall be established in accordance
with and governed by the provisions of the collective bargaining agreement
between the Borough and PBA Local 161.
Wages and terms of employment for the Chief of Police shall
be as established by Ordinance.
[Ord. No. 2016-26]
The appointments of all the regular members of the Police Department
of the Borough of Pompton Lakes as heretofore made are hereby confirmed,
and all such regular members of the Police Department as constituted
prior to the adoption of this section are hereby confirmed in their
said appointments and shall, upon the adoption of this section, hold
and retain the rank which they have heretofore held and enjoyed prior
to the adoption of the within section.
|
Part II Special Law Enforcement Officers.
|
[Ord. No. 2016-26]
A.
The Mayor, with the advice and consent of the Council, may from time
to time upon the advice of the Chief of Police and in accordance with
the provisions of N.J.S.A. 40A:14-146.10 et seq, appoint Special Law
Enforcement Officers, each for a term not exceeding one year; provided,
however, that all appointments shall expire on the 31st day of December
of the year in which the appointment is made.
B.
Upon the termination of employment of any Special Law Enforcement Officer who has been appointed pursuant to the provisions of Subsection A hereof, said appointment shall expire forthwith.
C.
There shall be appointed no more than nine Class II Special Law Enforcement
Officers henceforth also referred to as Class II Special Officers
being the number of Class II Officers in the employ of the Borough
of Pompton Lakes on March 1, 1985, or 25% of the total number of regular
Police Officers of the Borough of Pompton Lakes, whichever is greater.
[Ord. No. 2016-26]
A.
No person shall be appointed as a Special Law Enforcement Officer
unless such person possesses the following qualifications:
2.
Is able to read, write and speak the English language well and intelligently,
and has a high school diploma or its equivalent.
3.
Is sound in body and of good health.
4.
Is of good moral character.
5.
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office.
6.
Has successfully passed the same psychological and medical testing
that is required of all full-time police officers of the Borough.
[Ord. No. 2016-26]
A.
Each applicant shall have fingerprints taken, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
B.
Every applicant for appointment as a Special Law Enforcement Officer
shall submit a written application, verified under oath, setting forth
his qualifications for the position and any other data as may be required
by the Police Department.
C.
Before any appointment or reappointment is made, the Chief of Police
shall ascertain the eligibility and qualifications of the applicant
and shall report these determinations in writing to the Mayor and
Council.
[Ord. No. 2016-26]
Class II Special Officers are authorized to exercise full powers
and duties similar to those of permanent, regularly appointed full-time
Police Officers. The use of a firearm by an officer of this class
is authorized, but only after the officer has been fully certified
as successfully completing training as prescribed by the Police Training
Commission established in the Department of Law and Public Safety
pursuant to the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8
et seq.
[Ord. No. 2016-26]
A.
Training. No person shall commence his duties as a Special Law Enforcement
Officer unless he has successfully completed a training course approved
by the Police Training Commission in accordance with N.J.S.A. 40A:14-146.11.
B.
No Special Law Enforcement Officer shall be issued a firearm unless
he has completed the basic firearms course approved by the Commission
for permanent, regularly appointed Police Officers, and successfully
completed all semiannual firearms requalification examinations conducted
by the Pompton Lakes Police Department and complies with the provisions
of N.J.S.A. 40A:14-146.14.
C.
Special Law Enforcement Officers shall not be compensated for time
spent in training.
D.
No person appointed as a Special Law Enforcement Officer in the Borough
of Pompton Lakes shall accept appointment as a Special Law Enforcement
Officer in any other jurisdiction. No permanent, regularly appointed
full-time Police Officer of the Borough of Pompton Lakes or any other
jurisdiction shall be appointed as a Special Law Enforcement Officer
for the Borough of Pompton Lakes. No public official with responsibility
for setting law enforcement policy or for exercising authority over
the budget, or for supervision of the Police Department of the Borough
of Pompton Lakes, shall be appointed as a Special Law Enforcement
Officer.
E.
The powers, rights and duties of every Special Police Officer shall
immediately cease at the expiration of his term of office for which
he is appointed or upon revocation of his appointment.
[Ord. No. 2016-26]
No Special Law Enforcement Officer shall carry a firearm or
any other weapon except while engaged in the actual performance of
his official duties when specifically authorized by the Chief of Police
or his designee. Any firearm utilized by a Special Law Enforcement
Officer shall be returned at the end of the officer's work day to
the officer in charge of the stationhouse.
[Ord. No. 2016-26]
No Special Law Enforcement Officer shall be employed for a time
period in excess of the period permitted by the Special Law Enforcement
Officers Act, N.J.S.A. 40A:14-146.16, except that the Chief of Police
or the Acting Chief Law Enforcement Officer of the Borough may designate
one Special Law Enforcement Officer to whom the limitation on hours
of employment shall not be applicable.
[Ord. No. 2016-26]
Special Law Enforcement Officers may be employed without limitation
as to number of hours during an emergency as defined in the Special
Law Enforcement Officers Act. An emergency shall be determined by
the Chief of Police or the Acting Chief Law Enforcement Officer of
the Borough or by the Mayor. In the absence of the Mayor, the Mayor
is authorized to name a designee who has the authority of designating
an emergency.
[Ord. No. 2016-26]
The term "Special Police" used anywhere in the Code of the Borough
of Pompton Lakes shall mean "Special Law Enforcement Officer" as provided
for in this section.
[Ord. No. 2016-26]
A.
Each Special Officer shall be furnished with one complete uniform
and one badge and hat badge upon his initial appointment. These items
shall be returned to the Police Department within 30 days of the expiration
or revocation of his appointment. Any person who violates or refuses
to comply with the provisions of this section shall, upon conviction
thereof, be subject to a fine not to exceed $500.
B.
An insignia issued by the Police Training Commission, pursuant to
the Special Law Enforcement Officer's Act, indicating the officer's
status and particular class as a Special Law Enforcement Officer shall
be worn with the uniform.
[Ord. No. 2016-26]
The term of appointment of a Special Law Enforcement Officer
shall be one year; provided, however, that the appointment may be
revoked by the governing body for cause after hearing, unless the
appointment is for four months or less, in which event the appointment
may be revoked without cause or hearing. Nothing herein shall be construed
to require the reappointment of any Special Law Enforcement Officer
upon the expiration of the term. The Special Law Enforcement Officers
appointed hereunder shall not be members of the Police force of the
Borough, and their powers and duties as determined pursuant to this
section and New Jersey statutes shall cease at the expiration of the
term for which the Special Law Enforcement Officer was appointed.
[Ord. No. 2016-26]
All persons appointed as Special Police Officers of the Borough
of Pompton Lakes and in service on January 1, 2016 may continue in
service if, he or she have completed all training and certifications
required by the Special Law Enforcement Officers Act.
[Ord. No. 2016-26]
Wages and compensation for Class II Special Police Officers
shall be at an hourly rate established by Borough Ordinance.
|
Part III Public Safety Telecommunicators.
|
[Ord. No. 2016-26]
The position of Public Safety Telecommunicator as heretofore
established in the Police Department is hereby continued.
[Ord. No. 2016-26]
Upon recommendation from the Chief of Police, the Mayor, with
the advice and consent of the Council, shall appoint as many Public
Safety Telecommunicators as the Council shall from time to time authorize.
[Ord. No. 2016-26]
A.
No person shall be appointed as a Public Safety Telecommunicator
unless he or she is a citizen of the United States, is able to read,
write and speak the English language, is physically qualified and
of good moral character and shall not have been convicted of any crime.
B.
Every applicant for the position shall be required to submit a written
application verified under oath, setting forth his/her qualifications
for the position and other data in the form and manner as may be prescribed
by the Borough.
C.
Before any appointment is made, the Chief of Police shall ascertain
that the applicant for the appointment is eligible and qualified for
the position.
[Ord. No. 2016-26]
The Public Safety Telecommunicator shall perform their duties
under the direction of the Chief of Police, who shall be responsible
for the discipline and performance of these duties.
[Ord. No. 2016-26]
Public Safety Telecommunicators shall be subject to all pertinent
rules and regulations of the Police Department.
[Ord. No. 2016-26]
Wages, compensation and terms and conditions of employment for
Public Safety Telecommunicator(s) shall be established in the collective
bargaining agreement between the Borough and the Borough Employees
Association.
|
Part IV Records Support Technician.
|
[Ord. No. 2016-26]
The position of Records Support Technician as heretofore established
is continued.
[Ord. No. 2016-26]
Appointments as Records Support Technician(s) shall be made
by the Mayor with the advice and consent the Council in compliance
with New Jersey Civil Service Commission regulations and the laws
of New Jersey.
[Ord. No. 2016-26]
A.
No person shall be appointed as a Records Support Technician unless
he or she is a citizen of the United States, is able to read, write
and speak the English language, is physically qualified and of good
moral character and shall not have been convicted of any crime.
B.
Every applicant for the position shall be required to submit a written
application verified under oath, setting forth his/her qualifications
for the position and other data in the form and manner as may be prescribed
by the Borough.
C.
Before any appointment is made, the Chief of Police of the Borough
of Pompton Lakes shall ascertain that the applicant for the appointment
is eligible and qualified for the position.
[Ord. No. 2016-26]
The Records Support Technician(s) shall perform their duties
under the direction of the Chief of Police, who shall be responsible
for the discipline and performance of these duties.
[Ord. No. 2016-26]
Records Support Technician(s) shall be subject to all pertinent
rules and regulations of the Police Department.
[Ord. No. 2016-26]
Wages, compensation and terms and conditions of employment for
Records Support Technician(s) shall be established in the collective
bargaining agreement between the Borough and the Borough Employees
Association.
|
Part V School Crossing Guards.
|
[Ord. No. 2016-26]
Upon recommendation by the Chief of Police, the Mayor and Council
may appoint adult school crossing guards for terms not exceeding one
year and revoke such appointments for cause after a proper hearing
before the Chief of Police or other chief law enforcement officer
of the Borough.
[Ord. No. 2016-26]
B.
Crossing guard candidates must undergo a criminal background check
to include fingerprinting.
C.
Crossing guard candidates should complete the same medical history
and physical examination required for pre-placement examinations designed
for other full-time, municipal positions. The examination shall be
administered to all appointed full-time and part-time crossing guards
as follows:
[Ord. No. 2016-26]
A.
The powers and duties of school crossing guards shall be limited
to the protection of children while using public thoroughfares in
the Borough in connection with their going to and coming from the
several public schools in the Borough and in connection therewith,
to the direction and regulation of pedestrian and vehicular traffic
at the various street intersections and crossings where they may be
stationed.
B.
Every school crossing guard shall be under the supervision and direction
of the Chief of Police.
C.
School Crossing Guards shall be subject to all pertinent rules and
regulations of the Police Department.
[Ord. No. 2016-26]
Compensation and terms and conditions of employment for crossing
guards shall be governed by the terms and provisions of the collective
bargaining agreement between the Borough and the Communication Workers
of America AFL-CIO.
|
Part VI Parking Violations Officer.
|
[Ord. No. 2016-26]
There is hereby created in the Police Department of the Borough
of Pompton Lakes the position of Parking Violations Officer.
[Ord. No. 2016-26]
The Mayor, with the advice and consent of the Council, shall
appoint as many Parking Violations Officers as from time to time are
needed. Each appointment shall be for a term of one year.
[Ord. No. 2016-26]
A.
Parking Violation Officer(s) shall possess the following qualifications
in order to be eligible for appointment:
1.
Be not less than 18 years of age.
2.
Be a citizen of the United States.
3.
Be of good moral character and not convicted of any crime.
4.
Be in good health, sound in body and mind.
5.
Possess a valid New Jersey driver's license.
6.
Be a high school graduate or equivalent.
7.
Be able to read, write and speak the English language.
8.
Be able to keep records and make necessary reports.
9.
Complete a medical history and physical examination certifying they
are physically capable of performing the duties required of them.
[Ord. No. 2016-26]
Parking Violations Officer(s) shall perform such duties as shall
be directed by the Chief of Police pursuant to regulations and rules
promulgated by the Chief of Police as shall be necessary for the proper
and efficient conduct of the position; provided, however, that such
person shall not be a regular member of the Police Department. Parking
Violations Officers are not Police Officers and have no powers to
arrest.
[Ord. No. 2016-26]
The Parking Violations Officer shall be subject to all pertinent
rules and regulations of the Police Department.
[Ord. No. 2016-26]
Compensation and terms and conditions of employment for Parking
Violations Officers shall be established by and governed by the terms
and provisions of the collective bargaining agreement between the
Borough and Borough Employees Association.
|
Part VII Police Matron.
|
[Ord. No. 2016-26]
The position of police matron as heretofore established in the
Police Department is hereby continued. The police matron program is
considered an auxiliary program within the Police Department, consisting
of female personnel. The purpose of the program is to provide assistance
to regular sworn officers in the handling and security of female prisoners
or detainees.
[Ord. No. 2016-26]
A.
Police matrons are not considered to be sworn law enforcement personnel.
Their duties are restricted to those activities which are under the
direct supervision and direction of regular sworn personnel of this
agency.
B.
Police matrons duties are confined to the boundaries of the Borough
of Pompton Lakes, except under those circumstances where a matron
is required to assist an officer in the transportation of a female
prisoner or detainee.
C.
No police matron is authorized to carry, use or have in their possession
any weapon of any type (firearm, PR-24, mace, etc.).
D.
The decision to utilize a police matron will be at the discretion
of the Shift Commander. Police matrons will be utilized under the
following circumstances:
1.
Female prisoners: searching female prisoners.
2.
Attending to female prisoners: attending to female prisoners while
being detained at Police Headquarters.
3.
Monitoring female detainees being held within the detention facility.
4.
Transportation of female prisoners: assist regular sworn officers
with the transportation of female prisoners.
5.
Emotionally distraught female: assisting regular sworn officers in
the handling of females who are under extreme emotional distress or
who may be suffering from mental or emotional problems.
6.
Juvenile female prisoners: assist regular sworn officers with the
processing of female juvenile offenders.
7.
Assistance with police operations: assisting regular sworn officers
who may be conducting a police function or operation where there may
be the potential of female prisoners or detainees.
E.
Police matrons are under the direct supervision of the officer charged
with the investigation regardless of his rank. Matrons are subject
to the same chain of command as are other police personnel.
[Ord. No. 2016-26]
Police matrons will not be appointed to perform any duties until
such time as they have completed a prescribed course of training offered
at an accredited police training academy and they have successfully
completed such training program. Police matrons are also subject to
any training program deemed necessary by the Chief of Police.
[Ord. No. 2016-26]
Police matrons will not be required to wear a uniform of any
type which would identify them as a Police Officer.
[Ord. No. 2016-26]
Wages, compensation and terms and conditions of employment for
Police Matrons shall be established in the collective bargaining agreement
between the Borough and the Borough Employees Association.
|
Part VIII Rules and Regulations.
|
[Ord. No. 2016-26]
A.
The Mayor and Council are hereby authorized and directed to adopt
and promulgate rules and regulations as shall be necessary for the
proper and efficient conduct of the Police Department. Such rules
and regulations that are in effect at the time of the passage of this
section shall continue to be in effect until further action of the
Council by Borough ordinance; provided, however, that nothing herein
contained shall be construed to make such rules and regulations a
part of this section.
B.
The Chief of Police shall be authorized and empowered to prescribe
rules and regulations governing the Police Department, subject to
the adoption of such rules and regulations by Borough ordinance, with
respect to the following:
1.
The conduct of Police Officers and civilian employees of the Police
Department.
2.
Personnel procedures and guidelines to facilitate, assist and direct
members of the department in carrying out the duties which from time
to time may be assigned or are imposed by law.
3.
Proposed rules and regulations and amendments and supplements thereof
shall be delivered by the Chief of Police to the Appropriate Authority.
All such rules and regulations and amendments and supplements thereto
shall be considered by the Appropriate Authority, who may approve
all or a part thereof.
4.
Rules and regulations, when approved by the Appropriate Authority,
shall be effective for the administration and control of the Police
Department from and after the date of approval; or such later date
as may be provided in the rules and regulations or by direction of
the Appropriate Authority.
5.
If a conflict occurs between any rules and regulations proposed and
approved and this section, the provisions of this section shall prevail.
6.
The rules and regulations, when adopted, shall be posted by the Police
Chief within five days after the adoption thereof in a prominent place
in the Police Department headquarters, and a copy thereof shall be
delivered to each member of the department within five days after
the adoption of the rules and regulations or any amendment or repeal
thereof.
7.
The failure to post rules and regulations shall not invalidate such
rules and regulations.
[Ord. No. 2016-26]
The provisions of this section are subject to and subordinate
to N.J.S.A. 40A:14-147, 148 and 149 et seq, in the event any provision
herein is in conflict with State Statute and/or Civil Service rules
and regulations.
A.
Grounds for removal.
1.
No permanent 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 of the department's rules
and regulations or as provided in the New Jersey Statutes.
2.
The employment of all permanent members and officers of the Police
Department shall be indeterminate and continuous during good behavior
and efficiency in the Borough.
3.
Except as otherwise provided by law, no permanent member or officer
of the Police Department shall be removed from his office, employment
or position for political reasons or for any cause other than incapacity,
misconduct or disobedience of the rules and regulations established
for the government of the Police Department; nor shall any permanent
member or officer of the Police Department be suspended, removed,
fined or reduced in rank from or in his office, employment or position
therein, except for just cause as hereinbefore provided and then only
upon a written complaint setting forth the charge or charges against
such member or officer.
B.
Procedure.
1.
No permanent member or officer of the Police Department shall be suspended, removed, fined or reduced in rank from or in his office, employment or position therein, except for the causes provided in Subsection A above, and then only in accordance with the following procedures:
a.
A written complaint, setting forth the charges against such member
or officer, shall be filed with the Chief of Police or as specified
in the bargaining agreement.
b.
A copy of the written complaint shall then be immediately served
upon the member or officer so charged, together with a notice of a
designated date and place for a hearing thereon by the Chief of Police,
which hearing shall be not less than 10 days nor more than 30 days
from the date of service of the complaint unless extended or otherwise
modified by mutual written agreement. Failure to comply with the provisions
as to service of the complaint in this subsection shall require dismissal
of the complaint.
c.
Upon service of the written complaint on the permanent member or
officer of the Police Department, the Chief of Police shall have the
power to suspend, without pay, such member or officer pending hearing
of the charges by the Appropriate Authority, except that such a hearing
shall be commenced within 30 days of the date of the service of the
copy of the complaint upon the permanent member or officer so charged
unless agreed in writing otherwise, in default of which the charges
shall be dismissed and the member or officer shall be returned to
duty without loss of pay.
d.
If a written complaint of charges is served upon the Chief of Police
as provided in this subsection, the Appropriate Authority shall have
the power to suspend, without pay, the Chief of Police pending a hearing
of the charges by the Appropriate Authority within the time limit
set forth in this subsection.
e.
The Appropriate Authority shall hear or assign a hearing officer
to determine any and all charges made against a permanent member or
officer of the Police Department.
f.
Any permanent member or officer of the Police Department who has
been tried and convicted by the Appropriate Authority upon any charge
may be suspended, removed, fined or reduced in rank from or in his
office, employment or position or have such other penalty imposed
upon him.
g.
If, however, the member or officer charged is other than the Chief
of Police, the nonbinding recommendations of the Chief of Police or
the appointed hearing officer as to punishment shall be reviewed by
the Appropriate Authority prior to any determination thereof.
|
Part IX Awards Program.
|
[Ord. No. 2016-26]
A.
Establishment of program. An awards program is hereby established for the Police Department to be administered in accordance with the provisions of this Part IX of § 2-42.
B.
Awards Committee.
1.
The Chief of Police will appoint four members of the Police Department
to review nominations for specific department awards and make recipient
recommendations to the Chief of Police.
2.
Members of the committee will consist of the highest ranking officer
below the Chief of Police who will serve as committee chairperson
and one sergeant, one patrolman and one full-time civilian department
employee.
3.
Committee members will serve a two-year term. Alternate members may
be appointed to fill the remainder of a time period in the event of
a mid-term vacancy.
C.
Annual Award Categories and Requirements.
1.
Medal of Valor: Awarded to a member who exhibits extraordinary courage,
bravery and/or devotion to duty, by consciously exposing themselves
to imminent danger, despite great risk to their own life, in an effort
to protect or save the life of another individual.
2.
Life-Saving Award: Awarded to a member whose actions are directly
responsible for saving a human life, or where evidence indicates the
member's actions sustained an individual's life until released to
professional medical care.
3.
Purple Heart Award: Awarded to a member who is killed or seriously
injured as a direct result of an action that occurred in the line
of duty. Injury must require immediate medical attention and be of
a severe nature compared to normal injuries sustained in some difficult
arrest situations. Hospitalization must be for more than mere observation
as a direct result of the injuries sustained. Injuries may include
the contraction of a life threatening disease in the performance of
one's duties. This award will not be given if the injury is the result
of the member's gross negligence.
4.
Chief's Award: Awarded in recognition for continued dedication to
the department's mission, goals and objectives.
a.
The recipient of this award is selected directly by the Chief of
Police based upon the following criteria:
b.
Willingness and ability to set a professional example for peers and
citizens.
c.
Loyalty and dedication to the department and law enforcement profession.
d.
Ability to consistently conduct investigations, make arrests, and
prepare reports that are of above average quality.
e.
Willingness and ability to provide constructive suggestions for improvements
in Department policy, procedure, equipment, training and operation.
f.
Eligibility - All department members.
g.
Recipient is presented with an Award Ribbon and Certificate.
5.
Officer of the Year Award: Awarded to a sworn officer within the
department who performed at the highest level of expectation throughout
a particular calendar year. Nominations for this award must include
well documented performance achievements.
6.
Civilian Employee of the Year Award: Awarded to a non-sworn department
members who performed at the highest level of expectation throughout
a particular calendar year. Nominations for this award must include
well documented performance achievements.
7.
Meritorious Service Award:
a.
Awarded to members who perform their duties under extraordinary or
difficult circumstances over a period of time, exhibiting a high degree
of professional excellence. May be awarded for performance that greatly
exceeds the standard of expectations of the assignment and/or improves
the safety, efficiency, or effectiveness of the department.
b.
Recipient Eligibility - All department members.
c.
Reviewed by Awards and Decorations Committee.
d.
Chief of Police authorization required.
e.
Recipient is presented with an Award Ribbon/Certificate.
f.
May be awarded to law enforcement personnel employed by other agencies
for providing exceptional service during their assistance to the Pompton
Lakes Police Department and any of its members.
8.
Civic Award: Awarded to a member by a non-department entity in recognition
of their exceptional professionalism, community service contribution,
and/or heroism in their performance of duty.
a.
Recipient Eligibility - All department members.
b.
Requests for nominations from Civic Organizations will be forwarded
to the Awards and Decorations Committee Chairperson for review.
c.
The type of award varies by the issuing organization. Nominated members
who receive a Civic Award will be presented with an Award Ribbon and
Certificate from the department.
9.
Community Service Award:
a.
Awarded to a member for devotion of their personal time toward community
oriented projects, or provides a great service to the community, through
a significant single act or series of actions performed. These acts
reflect favorably upon the department and may be performed while either
off-duty or in a manner not expected as part of the member's normal
duties.
b.
Recipient Eligibility - All department members.
c.
Submissions reviewed by member's chain of command.
d.
Recipient is presented with a Certificate and an Award Ribbon.
10.
Educational Achievement Award: Awarded to any Police Officer upon
satisfactory proof of matriculation at a recognized college or university
with satisfactory completion of a minimum of 60 credits earned toward
a degree in police science, criminology, law or related subjects.
11.
Citizen Service Award:
a.
Awarded to a citizen whose actions contributed to the mission
of the Pompton Lakes Police Department and/or the safety of the community.
c.
Presentation of these awards may be accomplished at the annual
Pompton Lakes Police Department Awards Ceremony, or at a time and
place determined to be more appropriate by the recipient and/or Chief
of Police.
[Ord. No. 2016-26]
Pursuant to N.J.S.A. 40A:14-156.1, there is hereby established a Mutual Aid Agreement with the Boroughs of Wanaque and Bloomingdale and the Townships of Wayne and West Milford in Passaic County; Boroughs of Kinnelon, Butler, Riverdale and Township of Pequannock in Morris County; and Borough of Oakland in Bergen County, as each adopts a reciprocal ordinance to this Part X of § 2-42, to provide mutual aid in case of emergency. This agreement shall apply whenever the Borough of Pompton Lakes may have an emergency within its boundaries requiring additional police assistance to protect life and property or to assist in suppressing a riot or disorder and whenever another municipality which has enacted a reciprocal ordinance to this Part X of § 2-42 may experience a similar emergency requiring additional police assistance.
[Ord. No. 2016-26]
The Chief or head of the Police Department of the Borough of Pompton Lakes is authorized to request assistance from the Chief or head of the Police Department of another municipality which has enacted a reciprocal ordinance to this Part X of § 2-42 to provide aid during and after said emergency.
[Ord. No. 2016-26]
A.
The Chief of Police of the Police Department of the Borough of Pompton
Lakes shall provide assistance to any municipality which has enacted
a reciprocal ordinance making a valid request to supply such personnel
and equipment as is required to the extent possible without endangering
persons or property within the Borough of Pompton Lakes. The members
of the Police Department supplying aid shall have the same powers,
authorities and rights and immunities as members of the force of the
municipality to which assistance is rendered.
B.
Members assigned to provide assistance to municipalities will be
under the command of municipality's ranking officer in charge of the
emergency.
[Ord. No. 2016-26]
The Borough of Pompton Lakes shall, upon providing assistance to another municipality which has enacted a reciprocal ordinance to this Part X of § 2-42, assume the costs and expense of providing its personnel and equipment to the requesting municipality, except in such instances when the municipality receives state or federal aid by way of reimbursement. In such circumstances, the costs incurred by the Borough of Pompton Lakes shall be submitted to the municipality requesting assistance, and the requesting municipality shall reimburse the Borough of Pompton Lakes to the extent of the reimbursement received.
[Ord. No. 2016-26]
The other municipality which has enacted a reciprocal ordinance to this Part X of § 2-42 to provide its assistance to the Borough of Pompton Lakes shall assume the costs and expense of providing its personnel and equipment to the Borough of Pompton Lakes, except in such instances when the Borough of Pompton Lakes receives state or federal aid by way of reimbursement. In such circumstances, the costs incurred by the municipality providing assistance shall be submitted to the Borough of Pompton Lakes, and the Borough of Pompton Lakes shall reimburse the municipality providing assistance to the extent of the reimbursement received.
[Ord. No. 2016-26]
Pursuant to N.J.S.A. 40A:156.3, members of the police force
of the Borough of Pompton Lakes suffering injury, or their legal representatives
if death results while rendering assistance in another municipality,
shall be entitled to all such benefits they would have received or
realized if the injury or death had occurred in the performance of
normal duties within the Borough of Pompton Lakes.
[Ord. No. 2016-26]
The enactment of this Part X of § 2-42 shall not in any way limit any other provisions of law providing for or authorizing mutual aid by fire, police or first aid forces, whether volunteer or paid, either within the Borough of Pompton Lakes or outside of the Borough of Pompton Lakes.
|
Part XI Police Dispatch Services.
|
[Ord. No. 2016-26]
Pursuant to N.J.S.A. 40A:65-1 et seq., there is hereby established
a Police Dispatch Agreement with the Borough of Bloomingdale. Pursuant
to this agreement and subject to the consideration provided therein,
the Police Department of the Borough of Pompton Lakes shall operate
and man a base station on a seven-day week basis from 12:00 midnight
to 8:00 a.m. for the purpose of providing police dispatch services
on behalf of all of the parties thereto.
|
Part XII 911 Services.
|
[Ord. No. 2016-26]
Pursuant to N.J.S.A. 40A:65-1 et seq., there is hereby established
a 911 Services Agreement with the Boroughs of Bloomingdale and Wanaque.
Pursuant to this agreement and subject to the consideration provided
therein, the Police Department of the Borough of Pompton Lakes shall
operate and man a base station on a seven-day week basis, 24 hours
per day, for the purpose of providing 911 services on behalf of all
of the parties thereto.
|
Part XIII Fees for Hiring Police Officers.
|
[Ord. No. 2016-26]
Special Police Officers shall be paid at the following rate:
|
Labor Fee
|
Administrative Fee
|
|---|---|
|
As determined by current salary ordinance
|
$10 per hour per officer
|
[Ord. No. 2016-26; amended 3-25-2020 by Ord. No. 20-09]
Regular Police Officers shall be paid at the following rate:
|
Labor Fee
|
Administrative Fee
|
|---|---|
|
The salary plus overtime hourly rate of a patrolman and/or sergeant
as determined by the collective bargaining agreement
|
$20 per hour per officer
|
[Ord. No. 2016-26]
A.
To ensure the timely payment of wages to the Police Officers for
off-duty police services, there is hereby established an account within
the trust fund of the Borough of Pompton Lakes to be known as the
"Outside Employment Police Escrow Account," which account shall be
dedicated to the receipt of collected fees from persons or entities
and for the payment of wages to Police Officers for off-duty outside
police employment services.
B.
Any person or entity requesting the services of a Police Officer
or Special Police Officer shall estimate the number of hours on a
monthly basis that such Police Officer's services are required. This
estimate shall be submitted, in writing, to the Chief of Police or
designee. The approval shall be based on the prior month's actual
number of hours, if same are available.
C.
At least five business days prior to the commencement of the outside
employment services, the person or entity requesting the services
of the Police Officer shall deposit with the Chief Financial Officer
of the Borough an amount sufficient to cover the rates of compensation
and administrative fees set forth in this section, for the total estimated
hours of service that were submitted to the Chief of Police or designee
in accordance with this section.
D.
In a situation where the number of hours required is unknown and
cannot be reasonably estimated, the person or entity requesting the
services of the Police Officer shall deposit with the Chief Financial
Officer an amount sufficient to cover the rate of compensation and
administration fees for the equivalent of 10 working days. Any unused
portion of the deposit will be returned or credited against the final
amount owed.
E.
In those instances where the services of the Police Officer are required
for a period not to exceed 20 hours, the party or entity requesting
the services of a Police Officer shall not be required to deposit
funds with the Chief Financial Officer prior to the commencement of
work, but shall pay, in full, for the services within two business
days of receipt of the invoice from the Police Department.
F.
In the event the funds of the escrow account become depleted, the
services of the Police Officer shall cease until such time as additional
funds have been deposited in the escrow account, in the manner set
forth above. In the event of an unforeseen emergency situation that
would require a Police Officer to remain beyond the time for which
funds have been deposited, the Chief of Police designee may waive
the requirement for posting additional funds for any person or entity
exhibiting a previously satisfactory payment history. However, payment
for the additional hours shall be made by the person or entity requiring
the extended service within 48 hours of the performance of the services.
G.
The person or entity requesting the services of a Police Officer
shall be responsible for ensuring that sufficient funds remain in
the escrow account, in order to avoid any interruption of services.
H.
All public utility companies that are under the jurisdiction of and
regulated by the New Jersey Board of Public Utilities, the Board of
Education of the Borough, nonprofit religious, charitable or fraternal
organizations are exempt from the provisions of this section requiring
advance payment to the escrow account. However, all of the foregoing
entities shall, within 20 business days of the date of the invoice
for services rendered, forward payment in full for said services to
the Chief Financial Officer of the Borough. This exemption shall not
apply to any contractor or subcontractor hired by the public utility
company. The contractor or subcontractor shall be required to make
advance payment to the escrow account established herein.
