WHEREAS, the Board of Commissioners of the Town of West New
York has determined that it is in the best interest of the Town to
reorganize the Police Department; and
WHEREAS, this reorganization will place the day-to-day operations
of the department in the hands of professional law enforcement personnel
yet maintain civilian control of the department and will promote efficiency
and economy while providing increased protection to the public:
N.J.S.A. 40A:14-118 provides that the governing
body of any municipality, by ordinance, may create and establish as
an executive and enforcement function in municipal government a police
force and provide for the maintenance, regulation and control thereof;
provide for a line of authority relating to the police function; provide
for the adoption and promulgation of rules and regulations by the
governing body for the force and the discipline of the members of
the Police Department; and provide for the appointment of officers
and personnel as shall be deemed necessary; determine their terms
of office; fix their compensation; and prescribe their powers, functions
and duties.
[Amended 4-17-2002 by Ord. No. 9/02; 4-15-2009 by Ord. No. 8/09; 10-21-2009 by Ord. No. 27/09; 6-16-2010 by Ord. No. 12/10; 7-18-2012 by Ord. No. 21/12; 7-21-2016 by Ord. No. 13/16]
A. There is hereby created in and for the Town of West
New York a Police Department, which shall consist of a Director of
Public Safety, or an Assistant Director of Public Safety, and such
other members and officers as shall be deemed necessary by the Commissioner
of the Department of Public Safety. The Commissioner of the Department
of Public Safety shall, from time to time, determine the number of
persons, including temporary officers and members in an emergency,
to be appointed to these positions, together with their compensation,
pursuant to law.
B. Composition of Police Department.
(1) The Police Department of the Town of West New York
shall be organized according to below mentioned table of organization
when a number is sufficient to meet the needs, goals and objectives
of the Police Department at any given time, in accordance with the
New Jersey Department of Personnel Rules and Regulations. There shall
be a review of the West New York Police Department Table of Organization,
at least once every year, by the Commissioner of Public Safety, Director
of Public Safety, and Town Counsel to ensure that it meets the needs
of the Town, its residents, businesses, and visitors, and is in compliance
with all relevant statutes and judicial decisions. Failure to conduct
such a review shall not render this section invalid.
(2) The Police Department may consist of no more than
one Director of Public Safety, one Assistant Director of Public Safety,
two Deputy Police Chiefs, five Police Captains, 14 Police Lieutenants,
18 Police Sergeants, and 86 other police officers, all of whom may
hold the position of detective, as deemed necessary and proper by
the Director of Public Safety.
(a) Terms.
All members of the Department, except for the Director of Public Safety
and Assistant Director of Public Safety, if so designated, shall serve
terms as provided for under the laws of the State of New Jersey, including
the Civil Service Act, the regulations of the Civil Service Commission, and the
ordinances of the Town of West New York. The terms of the Director
of Public Safety and Assistant Director of Public Safety, if so designated,
shall not exceed three years from appointment and may be renewed.
(b) Duties.
All members of the Department shall have those duties as provided
for under the laws of the State of New Jersey, including the Civil
Service Act, the regulations of the Civil Service Commission, and the
ordinances of the Town of West New York, as may be applicable, and
those duties assigned through the appropriate chain of command.
(3) In addition, civilian employees, including but not
limited to mechanics, laborers, telephone operators, clerks, computer
personnel, police dispatchers, school traffic guards and special police
officers (sworn and nonsworn officers), may be hired at the discretion
of the Commissioner of the Department of Public Safety.
[Amended 4-15-2009 by Ord. No. 8/09]
A. The Director of Public Safety shall be the head of
the police force. He/she shall be directly responsible to the Commissioner
of the Department of Public Safety for the efficiency and routine
day-to-day operations thereof. The Director of Public Safety shall
have, pursuant to policies established by the Commissioner of the
Department of Public Safety, the authority to:
(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.
(5) Faithfully and promptly obey and cause all personnel
of the Police Department under him/her to obey all rules, regulations,
and orders.
(6) In case of riot, insurrection or threatening thereof,
take command of the Police Department in person and direct its movements
and operations and discharge of its respective duties.
(7) Be responsible for the investigation and adjudication
of all complaints concerning performance of service or duties performed
by the members of the Department.
(8) Maintain a constructive relationship with the media
and the public.
(9) Be responsible for the maintenance of a daily police
attendance record in which each member shall record his/her rank and
time of reporting and leaving duty, complaints and matters pertaining
to the Police Department.
(10) Report at least weekly to the Commissioner of the
Department of Public Safety in such form as shall be prescribed by
such Commissioner of the Department of Public Safety on the operation
of the force during the preceding week and make such other reports
as may be requested by the Commissioner of the Department of Public
Safety.
B. The Commissioner of the Department of Public Safety
shall designate an Assistant Director of Public Safety to perform
the duties of the Director of Public Safety, only in the absence of
the Director of Public Safety or upon vacancy in the position of the
Director of Public Safety.
[Amended 1-29-2020 by Ord. No. 1/20]
C. The Commissioner of the Department of Public Safety
with the recommendation of the Director of Public Safety shall, from
time to time, adopt rules and regulations for the government of the
Police Department and fix and enforce penalties for violations of
such rules and regulations.
D. In the absence
of the Director of Public Safety and Assistant Director of Public
Safety, one or more Deputy Police Chiefs, if appointed, shall perform
the duties of the Director of Public Safety under the supervision
of the Commissioner of the Department of Public Safety.
[Added 1-29-2020 by Ord. No. 1/20]
Duties of the Police Department shall be as
follows:
A. Preserve the public peace, prevent crime, detect and
arrest offenders against the penal laws and ordinances effective within
the Town of West New York, suppress riots, mobs and insurrections,
disperse unlawful and dangerous assemblages and preserve order at
all elections, public meetings and assemblages.
B. Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of streets by vehicles and persons, and to make
rules and regulations not inconsistent with the charter, ordinances
and general laws for such purposes.
C. Remove all nuisances from the public streets, parks
and other public places; inspect and observe all places of public
amusement or assemblage and all places of business requiring any state
or municipal license or permit.
D. Provide proper police attendance and protection at
fires.
E. Enforce the laws and ordinances in effect within the
Town of West New York and prevent the violation of them by any person;
apprehend and arrest all persons legally charged with violations of
any law or ordinance.
F. Provide for the attendance of its police officers
or civilian employees in court as necessary for the prosecution and
trial of persons charged with crimes and other violations of the law
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
G. Operate a training program to maintain and improve
police.
[Amended 4-15-2009 by Ord. No. 8/09]
No member of the Police Department shall be
suspended, removed, fined or reduced in rank for any cause and in
any manner except in accordance with N.J.S.A. 40A:14-147 et seq.,
as amended, and the rules and regulations of the New Jersey Department
of Personnel. However, the Town reserves the right to discipline employees
in matters other than those covered by the aforementioned statutes,
rules and regulations, as the Commissioner of the Department of Public
Safety or his designee may so see fit.
[Amended 4-15-2009 by Ord. No. 8/09]
Pursuant to N.J.S.A. 40A:14-118, the Commissioner
of the Department of Public Safety is hereby designated as the "appropriate
authority" for purposes of this provision of the Code and pursuant
to statute.
[Amended 4-15-2009 by Ord. No. 8/09]
The Commissioner of the Department of Public
Safety may appoint from time to time special law enforcement officers
in accordance with New Jersey statutes for terms not exceeding one
year. These officers shall possess and exercise all the powers and
duties provided by said statutes during their terms of office, but
shall not be continued as regular members of the Police Department
and shall not be entitled to tenure. The Director of Public Safety
may authorize special law enforcement officers when on duty to exercise
the same powers and duties as regular members of the Police Department,
including the carrying of firearms and the power of arrest, provided
that the officers are qualified to do so pursuant to N.J.S.A. 40A:14-146.8
et seq., as amended.