[Added 10-7-2010 by Ord. No. 13-10[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
X, Department of Police, as amended.
[Amended 2-4-2021 by Ord. No. 2-21; 12-7-2023 by Ord. No. 15-23]
There is hereby created, in and for the Borough of Upper Saddle
River, a Police Department, which shall consist of no more than a
Chief of Police, a Captain, two Lieutenants, four Sergeants, a maximum
of 13 patrol officers, and one Special Law Enforcement Officer Class
III, to be appointed to these positions by the Mayor with the advice
and consent of the Borough Council. The decision whether or not to
fill the mentioned positions is within the complete and unfettered
discretion of the governing body.
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Upper Saddle River;
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.
The Mayor shall appoint a Chief of Police with the advice and
consent of the Borough Council. The Chief shall be directly responsible
to the appropriate authority for the efficiency and routine day-to-day
operations of the Police Department. The Chief of Police shall, pursuant
to policies established by the governing body and consistent with
Borough ordinances:
A.
Administer
and enforce the rules and regulations of the Police Department and
any special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
B.
Have,
exercise and discharge the functions, powers and duties of the Police
Department.
C.
Prescribe the duties and assignments of all subordinates and other
personnel.
D.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision.
E.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by the governing body on the operation of the
force during the preceding month, and make such other reports as may
be requested by the governing body.
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby
designated as the appropriate authority and is hereby vested with
the powers and duties of an appropriate authority as delegated by
law.
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The selection
criteria for a police officer shall be established in department policy
consistent with New Jersey Statutes, and such person shall meet all
the qualifications and requirements set forth in N.J.S.A. 40A:14-118
et seq., as amended and supplemented, and the following criteria:
A.
A
four-year college degree from an accredited college or university;
or
B.
At
least two years of active military service with an honorable discharge,
together with either a two-year college degree from an accredited
college or university or the accumulation of at least 60 credits from
an accredited college or university.
[Added 12-7-2023 by Ord. No. 15-23]
The Borough hereby authorizes the establishment of Special Law
Enforcement Officer Class III ("SLEO III") within the Upper Saddle
River Police Department ("Police Department"), to assist the Police
Department in the performance of its duties and responsibilities subject
to the eligibility criteria, authorizations and limitations set forth
in the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10
et seq.
[Added 12-7-2023 by Ord. No. 15-23]
The requirements for the position of SLEO III include, but not
limited to, the following:
A.
Applicant must not have been separated from prior service as a full-time
officer in any municipality or county of the State of New Jersey,
or a member of the New Jersey State Police for more than three years.
B.
Applicant must be a resident of the State of New Jersey during his/her
term of appointment.
C.
Applicant must be a retired officer in any municipality or county
of the State of New Jersey, or a member of the New Jersey State Police.
D.
Applicant must have left the agency in good standing (it is necessary
to have a good standing letter from the agency retired from and copy
to be submitted to the Police Training Commission).
E.
Applicant must be less than 65 years of age for appointment.
F.
Applicant must be able to read, write and speak the English language
well and intelligently, and must have a high school diploma or its
equivalent.
G.
Applicant must be of sound body and of good health.
H.
Applicant must be of good moral character.
I.
Applicant must be licensed in accordance with regulations promulgated
by the New Jersey Attorney General's Office and the New Jersey
Police Training Commission.
[Added 12-7-2023 by Ord. No. 15-23]
In order to qualify for consideration, an applicant must complete
the following requirements:
[Added 12-7-2023 by Ord. No. 15-23]
A.
No SLEO III shall be appointed to any term exceeding one year.
B.
No SLEO III, by virtue of his/her appointment as such, shall be or
become a regular member of the Police Department.
C.
SLEO III are considered at-will, part-time hourly employees, appointed
annually, and can be terminated for cause after an adequate hearing,
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing (N.J.S.A.
40A:14-146.14).
D.
All SLEO III, while on duty, shall abide by all the rules and regulations
of the Police Department and those policies, general orders or standard
operating procedures established by the Upper Saddle River Chief of
Police and reinforced throughout the chain of command.
E.
The Police Department is authorized to perform the necessary background
investigations and arrange for all that is associated with the hiring
of such SLEO IIIs, so that they will be ready to commence their duties.
F.
Upon appointment, all SLEO IIIs must:
(1)
Must complete SRO training within 12 months of being appointed.
(2)
Must conform to Attorney General's mandatory in-service training
requirements.
(3)
Must be a uniformed officer, displaying the Special Law Enforcement
Officer Class III patch, provided by the Police Training Commission.
(4)
Must complete agency training.
[Added 12-7-2023 by Ord. No. 15-23]
An SLEO III is authorized to exercise full powers and duties
similar to those of a permanent, regularly appointed, full-time police
officer only while providing security at a public or nonpublic school,
on the school premises, during hours when the public or nonpublic
school is normally in session, when it is occupied by public or nonpublic
school students, teachers, or staff, or when in fresh pursuit of any
person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes
or when authorized to perform duties in another unit pursuant to a
mutual aid agreement enacted in accordance with § 1 of P.L.
1976, c.45.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-156.1.
[Added 12-7-2023 by Ord. No. 15-23]
Compensation of an SLEO III, at the rate of $37.50 per hour,
plus administrative costs, shall be advanced through the Borough's
budget, to be wholly reimbursed by the Upper Saddle River Board of
Education, pursuant to the terms of an agreement to be entered into
by the Borough and the Borough Board of Education on an annual basis.
[Added 12-7-2023 by Ord. No. 15-23]
All ordinances, or parts thereof, in conflict or inconsistent
with this article are hereby repealed, but only, however, to the extent
of such conflict or inconsistency, it being legislative intent that
all ordinances or parts of ordinances now existing or in effect, unless
the same be in conflict or inconsistent with any provisions of this
article, shall remain in effect.
Discipline of police officers will be imposed consistent with
N.J.S.A. 40A:14-147. The written charges will be signed by the Chief
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 statutes, ordinances, and policies.
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.
Each member of the Police Department shall devote 2080 hours
per year as a minimum to the business, duties and work of the Department,
and each member shall be prepared to return for duty immediately on
notice that his/her services are required.
[Amended 5-3-2012 by Ord. No. 1-12]
A.
Purpose; establishment of policy. For the convenience of those persons
and entities that utilize the services of off-duty law enforcement
officers of the Upper Saddle River Police Department, and to authorize
the outside employment of Borough police while off duty, the Borough
hereby establishes a policy regarding the use of said officers:
(1)
Members of the Police Department 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 Borough.
(2)
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police, which approval shall be
granted if, in the opinion of the Chief, such employment would not
be inconsistent with the efficient functioning and good reputation
of the Police Department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
B.
Escrow account required; exception for emergencies.
(1)
Any person or entity requesting the services of an off-duty law enforcement
officer in the Upper Saddle River Police Department shall estimate
the number of hours such law enforcement services are required, which
estimate shall be approved in writing by the Chief of Police, and
shall establish an escrow account with the Chief Financial Officer
of the Borough by depositing an amount sufficient to cover the rates
of compensation and administrative fees set forth for the total estimated
hours of service.
(2)
Prior to posting any request for services of off-duty law enforcement
officers or consideration for emergency hours above and beyond request,
the Chief of Police or his designee shall verify that the balance
in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not entertain 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 Chief Financial Officer. No officer shall
provide any such services for more hours than are specified in the
request for services. Exceptions may be granted by the Chief of Police
on an emergency basis.
(3)
In the event that the funds in such an escrow account should become
depleted, services of off-duty law enforcement officers shall cease
and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
(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. This may be waived for
nonprofit organizations, public utilities, or for companies that have
a working relationship with the Borough.
(5)
In the case of emergency work when there is not an established escrow
account, the entity or person shall have five working days to provide
payment of compensation.
C.
Treatment as Borough employee; effect on pension benefits. Any law
enforcement officer, when so employed by the Borough, shall be treated
as an employee of the Borough; provided, however, that wages earned
for outside employment shall not be applied toward the pension benefits
of law enforcement officers so employed.
D.
Rate of compensation; administrative and additional fees.
(1)
The rate of compensation for contracting the services of off-duty
law enforcement officers shall be based on a rate of time and a half.
The rate of compensation for contracting the services of off-duty
law enforcement officers is established as follows:
(a)
The rate of compensation as per PBA contract.
(b)
A fee of 20% for related FICA, Medicare, unemployment, workers'
compensation, insurance and administrative fees, in addition to a
vehicle use charge of $25 per hour, will be added to the total. Therefore,
the total charged to the vendor will be time and a half per hour,
according to the current PBA contract, plus a 20% administrative fee
and $25 per hour for vehicle use.
[Amended 3-7-2019 by Ord.
No. 2-19]
