City of Hackensack, NJ Police Department

Communication operators, mechanics, parking meter repairers, parking meter collectors and repairers, school traffic guards, office-clerical personnel and such other titles as may be established.

Director of Police.

Establishment. The City Manager shall appoint a person to be designated as the "Director of Police," to serve at the pleasure of the City Manager, as herein provided. The Director of Police is designated as the “appropriate authority” of the Police Department as provided for in N.J.S.A. 40A:14-118.

[Amended 3-28-2023 by Ord. No. 15-2023]

Said Director of Police shall assume and be vested with all powers and duties allowable under this article and to the fullest extent permissibly delegable to him or her under N.J.S.A. 40A:14-118 and judicial decisions interpreting this statute. Any reference in any law or ordinance to the Chief of Police or to the Police Chief shall be deemed to include the Director of Police, so long as it is in accordance with all applicable New Jersey state statutes.

[Amended 3-28-2023 by Ord. No. 15-2023]

(c)

The compensation of said Director of Police shall be set by a duly executed contract by and between said person and the City of Hackensack.

Special law enforcement officers. The City of Hackensack hereby establishes special law enforcement officers pursuant to and in compliance with the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.)

Special law enforcement officers are subject to the personnel policies of the City of Hackensack.

Special law enforcement officers are subject to the City of Hackensack Police Department's Rules and Regulations, and Written Directive System, where applicable.

§ 32-2 Purpose.

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 City of Hackensack;

Direct and control traffic;

Provide attendance and protection during emergencies;

Make appearances in court;

Cooperate with all other law enforcement agencies; and

Provide training for the efficiency of its members and officers.

§ 32-3 Director of Police; powers and duties.

[Amended 3-28-2023 by Ord. No. 15-2023]

Pursuant to N.J.S.A. 40A:14-118, and to the fullest extent permissibly delegable to him under said statute, the Director of Police shall be directly responsible as the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Director of Police shall, consistent with City ordinances:

Promulgate, adopt, 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 officers and personnel.

Have, exercise, and discharge the functions, powers and duties of the Police Department.

Prescribe the duties and assignments of all subordinates and other personnel.

Delegate such of his or her authority as he or she may deem necessary for the efficient operation of the Police Department to be exercised under his or her direction and supervision.

Report to the City Manager and Governing Body as necessary and appropriate regarding the operation of the Police Departmen

§ 32-4 Appropriate authority designated.

[Amended 3-28-2023 by Ord. No. 15-2023]

In accordance with N.J.S.A. 40A:14-118, the Police Director is hereby designated as the appropriate authority of the Police Department and is hereby vested with the powers and duties of an appropriate authority as delegated by law. The City Manager shall remain the Police Director’s immediate supervisor as established by N.J.S.A. 40:82-4(d). If there is no Police Director employed by the City, the City Manager shall serve as the appropriate authority without additional compensation.

§ 32-5 Appointment of officers and personnel; temporary and provisional appointments.

[Amended 2-9-2016 by Ord. No. 03-2016]

No person shall be appointed to the Police Department who is not qualified as provided by New Jersey law. The selection criteria for a police officer shall be in accordance with Department policy, the rules and regulations of the New Jersey Civil Service Commission and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances.

[Amended 11-21-2023 by Ord. No. 44-2023]

In the event any appointed Captain is suspended, placed on terminal leave, or has otherwise provided notice of irrevocable retirement, the City Manager, in consultation with the Police Director, may, in their discretion, appoint a current Lieutenant to fill that Captain’s position and to continue the performance of duties and assume the responsibilities associated therewith. Such an appointment may be temporary and subject to a return to the Lieutenant’s original position upon the Captain’s return to active duty, or such appointment may be permanent and intended to be a promotion and replacement of a Captain on terminal leave or who is otherwise retiring from the Department. The decision of whether any such appointment is temporary or permanent shall be made by the City Manager, in consultation with the Police Director, pursuant to City policy, the rules and regulations of the New Jersey Civil Service Commission, and as otherwise prescribed by the statutes of the state law and City ordinances.

[Amended 9-5-2023 by Ord. No. 32-2023]

Alternative hiring process. Pursuant to N.J.S.A. 11A:4-1.3, the City shall be authorized to utilize an alternative hiring process that allows for qualified applicants to be exempt from civil service examination requirements for entry-level law enforcement positions. Such applicants must complete a police full basic course for police officers program at a school approved and authorized by the New Jersey Police Training Commission ("PTC"). The City shall comply with all applicable regulations of the New Jersey Civil Service Commission with respect to the utilization of the alternative hiring process. The determination whether to utilize the alternative hiring process for any particular appointment shall be solely in the discretion of the City Manager.

[Added 11-21-2023 by Ord. No. 44-2023]

Police Department conflict of interest and nepotism policy. The City Council declares that a conflict of interest and nepotism policy should be enacted for the Hackensack Police Department. This policy is not intended to deprive any citizen of an equal chance for employment as a sworn law enforcement officer, but solely to eliminate the potential for preferential treatment of the relatives of senior government personnel or elected officials.

[Added 11-21-2023 by Ord. No. 44-2023]

FAMILY MEMBER or RELATIVE

Definitions. For purposes of this subsection, the following terms shall have the meanings indicated:

ELECTED OFFICIAL

Person holding the position of Council member in the City of Hackensack.

Members of an individual's household, as well as the following, whether related by marriage (or civil union or domestic partnership) or by adoption: spouse or the substantial equivalent; child; foster child; brother; sister; parent; grandparent; grandchild; father-in-law; mother-in-law; sister-in-law; brother-in-law; son-in-law; daughter-in-law; stepfather; stepmother; stepson; stepdaughter; stepbrother; stepsister; half-brother; half-sister; nephew; niece; aunt; uncle; children of aunt or uncle.

SENIOR ADMINSTRATIVE OFFICIAL

The City Manager, Deputy City Manager, Police Director or City Attorney.

SUPERIOR OFFICER

Any police officer of the City of Hackensack having direct supervisory powers and duties over another police officer.

Except as authorized by Subsection D(4), below, no person who is a family member or relative of any elected official or senior administrative official of the City of Hackensack shall be considered for employment as a police officer with the City. This shall not restrict nor prohibit the continued employment of an individual as a police officer with the City where a family member or relative of an elected official or senior administrative official was hired before the effective date of this subsection.

No elected official shall serve as an appointed Council liaison to the Police Department if any employee of the Police Department is a family member or relative of that elected official.

(4)

Open competitive process exemption. The City of Hackensack is a civil service jurisdiction for the hiring, firing, promotion and discipline of police officers and is governed by the Civil Service Act at N.J.S.A. Title 11A and its associated regulations at N.J.A.C. 4A. This section shall not prohibit an individual who is a family member or relative as defined herein and who is otherwise eligible to be hired or promoted through the open competitive process from being hired or promoted as a police officer.

(5)

Promotion of existing police officers. No elected official or senior administrative official or superior officer within the Police Department may participate in the promotional or disciplinary process of a police officer who is a family member or relative.

(6)

Enforceability. Nothing in this section is intended to conflict with applicable civil service laws and regulations, or applicable provisions of other state laws or regulations.

§ 32-6 Disciplinary action.

Discipline of police officers will be imposed consistent with New Jersey State statutes, New Jersey Administrative Code, the rules and regulations of the Hackensack Police Department, and the rules and regulations of the State of New Jersey Department of Personnel. The written charges will be signed by the Director of Police, or designee as provided in the New Jersey Statutes and the Police Department's rules and regulations. Police officers may also be subject to discipline for violating other statutes, ordinances, and policies.

§ 32-7 Rules and regulations.

The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all employees of the Police Department shall be subject to such rules and regulations and penalties.

§ 32-8 Police officer extra-duty employment policy.

[Amended 4-7-2020 by Ord. No. 15-2020]

Purpose. For the convenience of those persons and entities utilizing the services of Hackensack Police Department officers to perform extra-duty details and to authorize Hackensack police officers to perform voluntary extra-duty details within the City of Hackensack or within other local municipalities that extend beyond their regular assigned duties and responsibilities, the City hereby establishes a policy regarding the use of said officers.

[Amended 4-7-2020 by Ord. No. 15-2020]

Hackensack police officers shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the City. Any such extra-duty employment shall be voluntary, and may be accepted or declined solely at the option of the officer (provided the extra-duty employment is approved in accordance with the Hackensack City Code and any applicable rules, regulations, policies or procedures of the Hackensack Police Department). Accordingly, the performance of such extra-duty work for a separate and independent employer shall be excluded by the City in the calculation of the hours for which the officer is entitled to overtime.

Any person or entity wishing to employ a Hackensack police officer or officers for an extra-duty detail shall first obtain the approval of the Chief of Police, or in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee). who shall grant such approval if in his or her judgment 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.

To the fullest extent permissible by law, the person or entity requesting the services of Hackensack police officer(s) for an extra-duty detail shall execute an appropriate hold harmless and indemnity agreement as approved by the City Attorney, which shall provide that such person or entity shall indemnify, defend, and hold harmless the City of Hackensack, along with its elected and appointed officers, employees, agents, servants and administrators, from and against any and all claims, or actions at law, whether for personal injury, property damage or liability, including any cost of defense incurred by the City, which arises from any acts or omissions of the insured, its agents, or employees arising out of or related to his, her or its use of Hackensack police officers to perform extra duty. This indemnification and hold harmless agreement and the duty to defend shall apply in all instances, whether the City is a defendant or is made a direct party to the initial action or claim, or is subsequently made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.

(4)

No person or entity shall employ a Hackensack police officer for extra duty without having first filed with the Police Department a certificate of insurance naming the City, its agents, servants and administrators as additional insureds, and evidencing that general liability coverage of not less than $1,000,000 per occurrence is in effect with respect to the extra-duty services to be provided. All such certificates of insurance are subject to approval by the City's risk manager or other insurance professional and the City Attorney. All policies of insurance evidenced by any certificate filed hereunder shall be maintained in full force and effect at all times while any police officer is performing extra duty. Upon the change or renewal of any such policy of insurance, the person or entity utilizing the services of a Hackensack police officer for extra duty shall file with the Police Department a new and current certificate of insurance in compliance with the foregoing provisions within one business day. The City Manager may waive some or all of the foregoing requirements if in his or her determination it is in the best interest of the City and the City will still remain adequately protected in the absence of same.

(5)

The Chief of Police, or in the absence of the Chief, the City's highest ranking law enforcement executive (or designee), with the approval of the City Manager, may promulgate appropriate additional administrative regulations and requirements for the use of Hackensack police officers for extra-duty details, provided they are not inconsistent with any provision within the Code of the City of Hackensack. The Chief of Police, or in the absence of the Chief, the City's highest ranking law enforcement executive, shall monitor all extra-duty employment to ensure that the City's interests are protected.

Escrow accounts.

Any person or entity requesting the services of a Hackensack police officer to perform extra duty 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, in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee) and shall establish an escrow account with the City Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. This may be waived for nonprofit organizations, public utilities, or for companies that have a working relationship with the City.

[Amended 4-7-2020 by Ord. No. 15-2020]

Prior to posting any request for the services of a Hackensack police officer to perform extra duty, the Chief of Police or, in the absence of the Chief, the City's highest-ranking law enforcement executive (or 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. The Chief of Police or, in the absence of the Chief, the City's highest-ranking law enforcement executive (or designee) shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the City Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.

[Amended 4-7-2020 by Ord. No. 15-2020]

In the event the funds in such an escrow account should become depleted, services of law enforcement officers performing extra duty shall cease and requests for further services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.

[Amended 4-7-2020 by Ord. No. 15-2020]

(4)

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.

Requests for services.

Any law enforcement officers, when so employed by the City, shall be treated as employees of the City; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.

Rate of compensation.

[Added 5-21-2019 by Ord. No. 23-2019; amended 4-7-2020 by Ord. No. 15-2020]

The rate of compensation for a Hackensack police officer engaging in extra-duty employment shall be $80 per hour, regardless of rank.

There is no minimum period for a Hackensack police officer to be engaged in extra-duty employment, however, any such officer engaged for a period of less than four hours shall be compensated as if he or she actually worked four hours. In the event of a cancellation received two or less hours prior to the scheduled starting time of the extra-duty assignment, there shall be a cancellation charge of four hours per officer. Cancellations received more than two hours prior to the scheduled starting time of the extra-duty assignment shall be at no charge.

In addition to the compensation to be paid for the services of each Hackensack police officer, there shall be a $20 per hour administrative/vehicle use fee, which is per officer engaged in extra-duty employment. The administrative/vehicle use fee is also subject to a four-hour minimum charge as set forth in Subsection D(2), above. Additionally, the City may pass along to the person or entity requesting such services any fees charged by an outside vendor contracted by the City to administer scheduling and/or notification services with respect to any extra-duty employment requested pursuant to this section.

[Amended 12-6-2022 by Ord. No. 51-2022]

Article II Special Law Enforcement Officers

§ 32-9 Classes established; duties; compensation.

The following classes of special law enforcement officers are hereby established:

Class I special law enforcement officers (hereinafter referred to as "Class I officers").

[Amended 3-8-2022 by Ord. No. 09-2022]

Class I officers shall have the power to perform routine traffic detail, spectator control and similar duties. Class I officers also shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The duties assigned to a Class I officer shall be complementary to those of a regularly employed Hackensack police officer and shall not substitute for said duties. No Class I officer shall be assigned duties which require or may require the carrying or use of a firearm.

Except as provided herein, Class I officers shall not be compensated and shall not receive benefits. However, in recognition of the cost of volunteering to serve in this capacity, the City may pay a stipend of up to $1,200 per calendar year to a Class I officer under uniform rules and regulations as the City Manager may establish in consultation with the Chief of Police or, in the absence of the Chief, other chief law enforcement officer.

Class II special law enforcement officers (hereinafter referred to as "Class II officers").

[Amended 9-25-2018 by Ord. No. 31-2018]

Class II officers shall have the same power and authority of a full-time, permanent Hackensack police officer only when on duty and in uniform and actually performing his or her public safety function in the geographical boundaries of the City of Hackensack. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.

Class II officers may be compensated, on an assignment basis, at a minimum rate of $15 an hour and a maximum rate of $30 an hour and shall not receive any benefits, except for a full-time Class II officer to whom the limitations on hours set forth in N.J.S.A. 40A:14-146(a) does not apply, pursuant to N.J.S.A. 40A:14-146(c).[1] Said individual is entitled, following the effective date of this subsection, to receive any generally applicable cost-of-living salary increase granted by the City to its employees who are not represented for purposes of collective negotiations, even if such increase results in an hourly rate in excess of $30. Said individual is similarly eligible for health benefits under the same terms and conditions such coverage is offered to other City full-time employees to the extent mandated by the federal Affordable Care Act.

[Amended 12-20-2021 by Ord. No. 61-2021]

[1]

Editor's Note: Repealed by L. 1985, c. 439. See N.J.S.A. 40A:14-146.10.

Class III special law enforcement officers (hereinafter referred to as "Class III officers").

[Added 9-25-2018 by Ord. No. 31-2018; amended 1-29-2019 by Ord. No. 04-2019]

Class III officers have the same power and authority of a full-time permanent, Hackensack police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, a Class III officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

Class III officers may be compensated, on an assignment basis, at a rate of $40 an hour and shall not receive any benefits nor shall be or she be eligible for enrollment in any state-administered retirement system.

A Class II special law enforcement officer shall not be deemed to be on duty for purposes of this article while performing private security duties for private employers, except when such duties are assigned by the City's Chief of Police or, in the absence of the Chief, other chief law enforcement officer.

§ 32-10 Term of appointment; firearms.

Special law enforcement officers shall be appointed for a term not to exceed one year. Nothing herein shall be construed to require reappointment at the end of the term. The special law enforcement officers so appointed shall not be members of the police force, and their powers and duties shall cease at the expiration of the term for which appointed.

No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and specifically as follows:

[Amended 9-25-2018 by Ord. No. 31-2018]

Class I officers shall have no right to carry a firearm when engaged in the actual performance of the officer's duties.

Class II officers shall carry, only after satisfactory completion of an approved firearms course as set forth by the Police Training Commission and when specifically authorized by the City's Chief of Police, or, in the absence of the Chief, other chief law enforcement officer, a firearm issued and approved by the Police Department while on duty and actually engaged in their assigned public safety duties. Class II officers shall be issued the approved firearm at the start of their tour and shall return said firearm to the Police Desk Officer upon the completion of their tour.

Class III officers shall carry, only after satisfactory completion of an approved firearms course as set forth by the Police Training Commission and when specifically authorized by the City's Chief of Police, or, in the absence of the Chief, other chief law enforcement officer, a firearm issued and approved by the Police Department while on duty and actually engaged in their assigned public safety duties. Class III officers shall be issued the approved firearm at the start of their tour and shall return said firearm to the Police Desk Officer upon the completion of their tour. A Class III officer shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

§ 32-11 Hours of duty; uniform.

[Amended 9-25-2018 by Ord. No. 31-2018]

Special law enforcement officers shall work part-time, except during periods of emergency, and will be assigned at the direction of the City's Chief of Police, or, in the absence of the Chief, other chief law enforcement officer.

Special law enforcement officers shall wear the appropriate uniform of the day as directed by City's Chief of Police, or, in the absence of the Chief, other chief law enforcement officer, which shall include: hat, badge, name tag, Hackensack Police Department uniform patch and insignia issued by the Police Training Commission which clearly indicates the officer's status as a Class I, Class II, or Class III officer.

§ 32-12 Qualifications.

Qualifications for offices.

[Amended 9-25-2018 by Ord. No. 31-2018]

Qualifications for all special law enforcement officers shall be as follows:

The person meets the residency requirements as described in N.J.S.A. 40A:14-146.10. Persons appointed as special law enforcement officers shall not be required to maintain residency in the City of Hackensack.

The person is able to read, write and speak the English language well and has a high school diploma or its equivalent.

(c)

The person is sound in body, mind and in good health.

(d)

The person is of good moral character.

(e)

The person has not been convicted of any offense involving dishonesty which would make him or her unfit to perform the duties of his or her office.

(f)

The person has successfully completed a background investigation by the Hackensack Police Department and has successfully undergone the same physical and psychological testing as full-time, permanent Hackensack police officers.

Additional qualifications for a Class III officer shall be as follows:

The person is a retired law enforcement officer who is less than 65 years of age; for the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer's return to employment violates any federal or state law or regulation which would deem the officer's retirement as not being bona fide.