[Adopted 12-16-1975 by Ord. No. 1046 as Sec. 2-11 of the Revised General Ordinances; amended in its entirety 7-20-2004 by Ord. No. 04-2327]
[Amended 5-3-2016 by Ord. No. 16-2493; 12-18-2018 by Ord. No. 18-2537; 5-20-2025 by Ord. No. 25-2647]
A. 
There is created in and for the Borough of Bergenfield a Police Department that shall consist of one Chief of Police, two Captains, five Lieutenants, seven Sergeants and no more than 35 patrol officers. The Mayor and Council will determine the numbers of persons to be appointed to these positions together with their compensation.
B. 
Police force composition and organization. The Police Department shall exist in a manner consistent with the Borough form of government. The Police Department shall preserve the public peace; protect life and property, detect, arrest and prosecute offenders of the law of the State of New Jersey and the ordinances of the Borough of Bergenfield; direct and control traffic; provide for attendance and protection at emergencies; provide appearances in court; cooperate with all other law enforcement agencies and provide for the training and efficiency of its officers (N.J.S.A. 40A:14-152). The Borough Administrator shall be designated as the appropriate authority as provided in the New Jersey statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and the discipline of its members (N.J.S.A. 40A:14-118).
[Amended 12-16-2025 by Ord. No. 25-2657]
A. 
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes. The appropriate authority may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127). The New Jersey Department of Personnel must certify all candidates as eligible for appointment. All candidates must successfully pass a background investigation to be conducted by the Police Department.
B. 
Must be a resident of Bergenfield at the time of application and maintain residency from the point of application up to and including the date of appointment.
A. 
Upon the recommendation of the Chief of Police, the Mayor shall have the power to appoint, with the approval of the Borough Council, special traffic officers and school crossing guards for a term not to exceed one year. Such special traffic officers and school crossing guards shall not be members of the Police Department, and their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed. Any such appointment may be revoked at any time without a hearing. Special traffic officers and school crossing guards shall receive such compensation as the Borough Council shall determine by ordinance. All special traffic officers and school crossing guards shall work under the direction of the Chief of Police.
B. 
No person shall be appointed a special traffic officer or school crossing guard unless that person is a citizen of the United States who is able to read, write and understand the English language. The person shall be physically qualified and of good moral character and shall not have been convicted of any crime.
Every member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people to support the Constitution of the United States and the Constitution of the State of New Jersey, and to faithfully, impartially and justly discharge all of the duties of his office. The oaths or affirmation shall be filed by the Borough Clerk, and a copy placed in the Police Department's personnel files. Such oath or affirmation shall conform to the wording of the state statutes, as the same may change from time to time.
Pursuant to N.J.S.A. 40A:14-118, the Chief of Police shall be the head of the Police Department and be responsible to the appropriate authority for its efficiency and day-to-day operations. The Police Chief shall:
A. 
Administer and enforce the rules and regulations of the Police Department and any such emergency directive for the disposition and discipline of the Police Department and its members or officers.
B. 
Promulgate statements of policy and other written directives relating to the disposition, duties or discipline of the Police Department and its members or officers.
C. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
D. 
Prescribe the duties and assignment of all members and officers.
E. 
Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department, to be exercised under the Chief's direction and control.
F. 
Report at least monthly to the Mayor and Council on the operation of the Police Department during the preceding month and make other such reports as may be requested by the approximate authority.
All employees and officers of the Police Department will be required to successfully complete a working test period in accordance with Department of Personnel regulations before they are considered for permanent appointment.
All promotions to higher rank will be made in accordance with the applicable New Jersey statutes and Department of Personnel regulations.
The salary of each employee or member of the Police Department shall be fixed annually by ordinance of the Borough Council.
A. 
No member of the Police Department shall be suspended, remarried, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey statutes and the Police Department's rules and regulations (N.J.S.A. 40A:14-147).
B. 
All disciplinary hearings will be conducted in accordance with the applicable New Jersey statutes and Police Department rules and regulations.
[Added 12-26-2007 by Ord. No. 07-2402; amended 12-2-2025 by Ord. No. 25-2654]
A. 
Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Bergenfield Police Department, and to authorize the outside employment of the Borough Police while off-duty, the Borough of Bergenfield hereby establishes a policy regarding the use of said officers in compliance with Attorney General Formal Opinion 1997-No. 23.
(1) 
Members of the Bergenfield Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty of the Borough.
(2) 
Any person or entity wishing to employ an off-duty law enforcement officer shall first obtain the approval of the Chief of Police or his/her designee, which approval shall be granted if in the opinion of the Chief or his/her designee 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:
(1) 
To assure the timely payment of wages to police officers who perform off-duty services and to meet the requirements of the Fair Labor Standards Act, the Borough of Bergenfield hereby establishes a trust fund to be known as the "Off-Duty Employment Escrow Account," which trust fund shall be dedicated for the receipt of fees collected from private persons or entities for the payment of wages to police officers for off-duty or outside employment services.
(2) 
Any person or entity requesting the services of an off-duty law enforcement officer in the Bergenfield Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved for writing by the Chief of Police or his/her designee and shall establish an escrow account with the Borough Treasurer of the Borough of Bergenfield by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D for the total estimated hours of service.
(3) 
In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit the amount sufficient to cover the rate of compensation and administrative fees set forth in Subsection D for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
(4) 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his/her 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 his/her 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 Borough Treasurer. All payments must be remitted directly to the Borough of Bergenfield. No officer shall provide any such service for more hours than are specified in the request for services.
(5) 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and request 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. In the event of an unforeseen emergency situation that would require an officer to remain beyond the time for which funds have been posted, the Chief of Police or his/her designee may waive the requirement for posting additional funds after the first 10 hours for any person or entity exhibiting a previous satisfactory payment history. However, payment for the additional hours shall be made by the person or entity requiring the extended service within 48 hours.
(6) 
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.
(7) 
Exemption: All public utility companies that are under the jurisdiction of and regulated by the New Jersey Board of Public Utilities are exempt from the provisions set forth in this section requiring advance payment to the escrow account; providing, however, that there are no amounts previously due that are outstanding for a period in excess of 30 days. Any such delinquent balances shall require advance payment of the amount outstanding prior to any officer engaging in any further off-duty assignments.
C. 
Requests for services:
(1) 
All requests to the Borough for services of off-duty law enforcement officers in the Bergenfield Police Department for a period of one week or longer shall be forwarded to the Chief of Police or his/her designee for posting at least seven days before such services are required. Any law enforcement officer who is so employed by the Borough shall be compensated at the set rate and treated as an employee of the Borough; provided, however, the wages earned for the outside employment shall not be applied toward the pension benefit of the law enforcement officers so employed.
(2) 
All requests to the Borough for services of off-duty law enforcement officers in the Bergenfield Police Department for a period of less than one week shall be forwarded to the Chief of Police or his/her designee for posting as soon as practicable, but in no event less than 24 hours before such services are required, except in emergency situations. Any law enforcement officer when so employed by the Borough shall be compensated at the rate set and treated as an employee of the Borough; provided, however, the wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
(3) 
In emergency situations, requests to the Borough for the services of off-duty law enforcement officers in the Bergenfield Police Department shall be made as necessary to the Chief of Police or his/her designee who shall make every effort to accommodate such request in a reasonable manner in his/her discretion. Any law enforcement officer, when so employed by the Borough, shall be compensated at the set rate and treated as an employee of the Borough; provided, however, that the wages earned for outside employment shall not be applied toward the pension benefits of the law enforcement officer so employed.
D. 
Rates of compensation; administrative fee; payment for services: Rates of compensation for contracting the services of off-duty law enforcement officers are established as follows:
(1) 
The off-duty police services rate shall be $115 per hour effective January 1, 2026.
(2) 
The minimum amount billed for an officer working an off-duty detail shall be four hours.
(3) 
For an officer working more than four hours, the contractor will be billed for the actual hours worked, rounded up to the nearest hour.
(4) 
Fee for police vehicle and fuel per day or part thereof (a day is defined as eight straight hours): $100. Use of a vehicle beyond eight hours shall be at a rate of $10 per hour thereafter effective January 1, 2026.
(5) 
A fee of 20% per hour is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Borough effective January 1, 2026.
(6) 
The Borough will withhold a Good and Welfare Allocation of $5 per hour, per police officer, from the amount payable for the officer under Subsection D(1) of this section and transfer said Good and Welfare Allocation to the officer's collective bargaining agent.
(7) 
Events sponsored by the Borough and Board of Education, such as street festivals, parades, sporting events and the like, will have a rate of compensation per hour of $95 effective January 1, 2026. There shall be no additional monies added, subtracted, or retained by the Borough or the PBA from this rate of pay.
(8) 
For the members of Bergenfield PBA Local Union #309, the employee's final gross hourly wage for off-duty police services shall be $110 per hour unless employed for events sponsored by the Borough and/or Board of Education such as Borough-funded construction projects, street festivals, parades, sporting events and the like will have an hourly pay as reflected in Subsection D(7) above, excluding Borough road construction projects.
E. 
Cancellation: In the event that the person or entity requesting the services of the off-duty law enforcement officer(s) fail to contact the Bergenfield Police Department at least two hours prior to the scheduled start time to cancel the detail, or the officer(s) work less than four hours and the job is completed, the Borough is entitled to be paid for a minimum of four hours at the rate of compensation set forth in Subsection D.
F. 
Public emergency: The Chief of Police or his/her designee shall have the authority to order any police officer engaged in off-duty assignments within the Borough to respond to an emergency situation within the Borough of Bergenfield. The Chief of Police or his/her designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates unacceptable risk to the health, safety and welfare of the off-duty law enforcement officer and/or the citizens of the Borough of Bergenfield. In the event that a police officer is assigned to an emergency situation, the Chief of Police or his/her designee shall make note of said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of Bergenfield until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.
G. 
Good and Welfare Fund Agreement.
(1) 
The Borough of Bergenfield and the Bergenfield PBA Local #309 mutually agree to withhold and allocate a Good and Welfare fee of $5 per hour, from the off-duty hourly rate as set forth in Subsection D(6) herein which would be disbursed in a separate check on a quarterly basis. Administration and vehicle fees collected are exempt from Good and Welfare and do not apply.
(2) 
PBA Local #309 agrees that under no circumstances or capacity shall Good and Welfare funds be used for collective bargaining grievances or labor actions against the Borough or its agents. No payments or money transfers from the Good and Welfare Fund shall be utilized to directly fund any personal lawsuits against the Borough.
(3) 
PBA Local #309 agrees to establish a separate financial account and record for Good and Welfare funds. At no time shall Good and Welfare funds be comingled with the general or legal account as the standard on their acquisition and use is unique to each.
(4) 
PBA Local #309 recognizes that failure to comply with said use-restrictions shall be deemed a violation of this agreement at which time the Borough reserves the right to terminate the Good and Welfare Account.
(5) 
PBA Local #309 understands that the inappropriate use of Good and Welfare funds would violate this agreement and jeopardize PBA Local #309's standing as a non-profit and be grounds for termination of the Good and Welfare account.
(6) 
The PBA Local #309 shall provide quarterly statements to the Borough, including but not limited to all monies collected and disbursed, in January, April, July and October of each year.
H. 
Limitation on use of Good and Welfare allocation. The PBA Local #309's use of Good and Welfare funds allocated to it under this section shall be limited to the following uses. 50% of the funds collected shall be utilized for items in Subsection H(1) through (4):
(1) 
Funding scholarship programs.
(2) 
Funding union involvement in Borough sponsored events and functions.
(3) 
Funding union involvement in athletic leagues within the Borough.
(4) 
Making donations to charitable organizations and/or charitable causes.
(5) 
Making donations directly to a union member, or their family, in the event of a personal hardship, emergency or death.
(6) 
Making donations directly to the union for the purpose of promoting morale, esprit de corps, and funding group events for its members (i.e., Christmas party).
(7) 
Sponsoring fundraising events for union purposes in order to enhance the Good and Welfare Fund.
[Added 9-18-2018 by Ord. No. 18-2536]
A. 
Upon the recommendation of the Police Chief, the Mayor shall have the power to appoint, with the approval of the Borough Council, Special Law Enforcement Officers III (SLEO III), as school security officers for the Bergenfield School District. The Special Law Enforcement Officers III shall be in the form of retired police officers provided by the Bergenfield Police Department. Special Law Enforcement Officers III shall receive such compensation as the Borough Council shall determine by ordinance. All Special Law Enforcement Officers III shall work under the direction of the Chief of Police.
B. 
All Special Law Enforcement Officers III shall meet the qualifications as outlined in N.J.S.A. 40A:14-146.10.