[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. IV, Secs. 4-1 through 4-6, of the 1971 Code. Amendments noted where applicable.]
LABOR CONTRACT PROVISIONS
The current labor agreement between the Township and the Fraternal Order of Police is on file in the Township offices. Where inconsistencies exist between this chapter and the agreement, the terms of the labor agreement prevail.
ATTACHMENTS
Attachment 1 - Police Department
[Amended 7-1-1975 by Ord. No. G-65-75; 10-21-2003; 6-22-2004]
A. 
The Police Department shall consist of not more than one Chief of Police, three Deputy Chiefs of Police, five Police Captains, eight Police Lieutenants, 10 Police Sergeants, and 56 police officers, whose duties shall be defined in the rules and regulations by state statutes and Hillside Township ordinances.
B. 
The attached Table of Organization[1] shall serve as an initial composition of the Police Department but may, from time to time, be revised by the Mayor with advice and consent of the Township Council, when it becomes necessary to facilitate the effective management of the Police Department.
[1]
Editor's Note: The Table of Organization is included at the end of this chapter.
C. 
In addition, the Police Department will also include school crossing guards, telecommunications operators, clerical staff, special police officers, clerk typists and administrative assistants who shall not be considered members of the Police Department as defined with N. J. S. A. 40:47 et seq., but shall be subject to the rules and regulations of the Department.
The Police Department, through the Police Chief, shall:
A. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and 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 the streets by vehicles and persons to protect the safety and facilitate the convenience of motorists and pedestrians.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township, inspect and observe all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
D. 
Respond to all fire alarms and assist the Fire Department in the protection of life and property, in regulating traffic, maintaining order and in enforcing observance of the Fire Prevention Code. The Fire Chief may request the Police Chief or the officer in charge at the time of any emergency to provide the assistance of the police reserves.
E. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
F. 
Operate a training program to maintain and improve the police efficiency of members of the Department.
G. 
Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the Department.
[Amended 10-29-2002]
All members of the Police Department shall be appointed by the Mayor with the advice and consent of the Township Council.
Each member of the Police Department, before entering upon the performance of his duties, shall take and subscribe to an oath to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office. This oath or affirmation shall be filed with the Township Clerk.
[Amended 7-1-1975 by Ord. No. G-65-75; 11-9-2021 by Ord. No. O-21-20]
Each applicant for appointment as a patrolman shall:
A. 
Be a citizen of the United States and comply with the New Jersey State statutes with regard to residency requirements.
B. 
Be at least 18 and not more than 35 years of age, provided that this shall not prohibit the appointment of persons over the age limit who qualify pursuant to N.J.S.A. 38:23A-2.
C. 
Be sound in body and good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that he is eligible for membership in the retirement system, which shall be certified by a physician designated by the Board of Trustees.
D. 
Be able to read, write and speak the English language well and intelligently.
E. 
Be of good moral character and shall not have been convicted of any crime involving moral turpitude.
F. 
Have earned a minimum of 30 credits from an approved college.
G. 
Submit to a psychological examination to be given by the Township off Hillside. The results of said psychological examination must be satisfactory to the appointing authority and must indicate that the applicant can perform the police function.
H. 
In accordance with N.J.S.A. 52:17B-68, have successfully completed an approved police training course before receiving a permanent appointment.
I. 
Pursuant to N.J.S.A. 11A:4-1.3, The Township of Hillside may hire a person exempt from the requirement to take an examination for an entry-level law enforcement position if said candidate has satisfied the requirements of the Alternate Route Program and other requirements of the appointing authority as set forth herein.
J. 
Alternate police testing and hiring.
(1) 
The Alternate Route Program is a discretionary program that allows the appointing authority to hire individuals who have successfully completed the Basic Course for Police Officers (BCPO) as set forth by the Police Training Commission under the direction of the New Jersey Division of Criminal Justice. Individuals who are enrolled in or who have successfully completed the academy portion of the Alternate Route Program will be eligible to apply for a regular fulltime position under this provision of the Hillside Township Code. This enables the Township of Hillside to consider candidates already trained without incurring the significant financial and time commitment to train officers to supplement the Hillside Township Police Department ranks.
(a) 
The Alternate Route Program was established pursuant to N.J.S.A. 52:17B-69.2, which allows a person who completes a training course pursuant to Section 2 of P.L. 1998, c. 146 (N.J.S.A. 52:17b-69-1) shall only be eligible for appointment as a permanent full-time member of a department or force.
(b) 
This process will allow the appointing authority to identify and recommend hiring individuals who will contribute to overall Police Department excellence and have an immediate impact on the manpower and/or diversity of the department. The Alternate Route Program is purposely flexible to allow for consideration of many varied candidates and allows this premises on the need to diversify the Hillside Police Department and maintain an appropriate number of officers on the street.
(c) 
All candidates hired under the Alternate Route Program must receive the Police Training Commission BCPO certificate from the school director within the probationary period as so designated by the Chief of Police or the employment will be terminated on or before the one-year anniversary.
(2) 
Candidates who currently possess the BCPO certification from the Police Training Commission (PTC) shall also be considered under the Hillside Township's Alternate Police Testing/Hiring Program.
(3) 
The purpose of this subsection is to permit the hiring of individuals who are sworn officers in other jurisdictions or who have been or are eligible to be certified by the New Jersey Police Training Commission under the Alternate Route Program. These candidates must meet all standards set forth under § 78-5. In addition:
(a) 
Alternate hiring candidates upon submission of an application from the Chief of Police will participate in the oral interview process with the Chief of Police and his/her designees. Upon completion of said interviews the Chief of Police may recommend that a candidate proceed to the next step. Each candidate must then pass a background investigation; physical examination; medical examination, and a psychological examination.
(b) 
Any alternate hiring applicant failing any phase of the hiring process as outlined above will cease to be a candidate for the position of Police Officer in the Hillside Township Police Department.
K. 
The Hillside Township Police Department must have a conflict of interest and nepotism policy which all candidates must acknowledge.
[Added 7-1-1975 by Ord. No. G-65-75]
Each applicant for appointment as a civilian employee of the Police Department shall:
A. 
Be a citizen of the United States and for one year preceding his appointment a resident of New Jersey. He shall be a resident of the Township of Hillside at the time of his employment.
B. 
Be at least 18 years of age.
C. 
Be sound in body and of good health sufficient to satisfy the appointing authority.
D. 
Have earned a high school diploma, certificate or equivalency.
E. 
Have successfully passed a written and oral examination given by the appointing authority.
F. 
Be of good moral character and shall not have been convicted of any crime involving moral turpitude.
G. 
Be able to read, write and speak the English language well and intelligently.
All appointments and promotions to positions covered by civil service shall be made in accordance with the appropriate statutes and rules and regulations.
A. 
Each person appointed to the Department as a patrolman shall be known as a probationary patrolman and shall serve as such for a period of three months from the date of his appointment.
B. 
Each person appointed or promoted to the position of Police Sergeant, Police Lieutenant, Police Captain, Deputy Police Chief or Police Chief shall serve a probationary period in such position for a period of three months from the date of his appointment or promotion.
C. 
At the termination of the probationary period, provided that the person appointed or promoted satisfactorily fulfills all the requirements of the position, the appointment or promotion shall become permanent.
D. 
If at the expiration of the probationary period the conduct or capacity of the probationer has not been satisfactory, he shall be notified promptly, in writing, by the Township Committee that he shall not receive the appointment.
E. 
A probationary or temporary appointment as a police officer may also be made for a total period not exceeding one year for the purpose of enabling a person seeking permanent appointment to take a police training course in accordance with N.J.S.A. 52:17B-69.
A. 
Duties. The Police Chief shall:
(1) 
Be the executive head of the Police Department, subject to the supervision of the Township Committee, and be responsible for the proper and efficient operation of the Department and the direction of its activities.
(2) 
Be responsible for the observance and enforcement of all laws of the state and ordinances within the jurisdiction of the Police Department and the enforcement of the rules and regulations of the Police Department; and perform any other duties prescribed by ordinance.
(3) 
See that all persons connected with the Department are properly instructed in their duties and give particular attention to the training and instruction of new members thereof.
(4) 
Have under his control all reports, records and property of the Police Department and designate a member of the Department to prepare the reports and keep the records in such manner as he may prescribe, as well as take charge of such property and any other property coming into the custody of the Department.
(5) 
Furnish to the Mayor and Township Council a complete monthly and yearly report of Police Department matters.
[Amended 10-29-2002]
(6) 
Devote his entire time to the discharge of the duties of his office and shall not directly or indirectly engage in any other trade, business or occupation, whether as owner, partner, agent, servant or employee, with or without compensation or remuneration. He shall not be permitted to receive, directly or indirectly, any salary, compensation or thing of value for services rendered from any source other than as Police Chief of the Township of Hillside.
(7) 
Have all the powers and duties as set forth in N.J.S.A. 40A:14-118.
[Added 10-21-2003]
B. 
Acting Chief. The Police Chief shall designate a Deputy Police Chief to serve as Acting Police Chief whenever the Police Chief, because of absence, disability or other cause, is unable to exercise the powers and duties of his office. The appointment of Acting Police Chief shall be subject to confirmation by the Mayor with the advice and consent of the Township Council.
[Amended 10-29-2002]
The powers and duties of the members of the Police Department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the Township of Hillside and such rules and regulations which may from time to time be established by the Police Chief.
[Amended 4-6-2004; 8-31-2004; 2-13-2007; 5-4-2010 by Ord. No. O-10-021; 5-28-2019 by Ord. No. O-19-08[1]]
A. 
Secondary employment program established.
(1) 
The Mayor and Township Council of the Township of Hillside, County of Union, hereby establish a secondary employment program for qualified sworn members of the Hillside Police Department.
(2) 
The Chief of Police shall establish policies, as necessary, to effectively implement this section. Said policies shall provide uniform standards for all police-related secondary employment of qualified sworn members of the Hillside Police Department and shall be consistent with all guidelines and procedures as promulgated by the Attorney General of the State of New Jersey and the Division of Local Government Services.
B. 
Definitions. The following definitions shall apply to this section:
ASSIGNMENT OFFICER
A superior officer designated by the Chief of Police to schedule assignments of qualified sworn members consistent with the requirements of this chapter and the rules and regulations of the Hillside Police Department.
CONTRACTOR
Shall include all entities, public and private, other than the Township of Hillside. Examples of contractors, for purposes of this section, shall include but shall not be limited to individual persons, property owners, business persons, merchants, corporations, boards, agencies, utility companies, educational institutions, organizations, associations, churches, temples, synagogues and other religious organizations, and civic associations.
FINAL RATE
The total hourly rate due the Township of Hillside as set forth in Schedule A.[2] The final rate is the sum of the officers' hourly rate and the administrative fee.
OFF-DUTY
All times other than the regular working hours for sworn members of the Hillside Police Department.
OFFICIAL VEHICLE
Any vehicle owned by the Township of Hillside and assigned to the Hillside Police Department.
ON-DUTY MEMBER
Any sworn member of the Hillside Police Department who is performing his or her assigned duties during regular working hours. A member who is on duty is under the direct supervision and control of the Hillside Police Department.
POLICE-RELATED SECONDARY EMPLOYMENT
Any employment associated with law enforcement, safety, security, loss prevention, crowd control, traffic control, or the provision of any related service(s) as determined by the Chief of Police.
QUALIFIED SWORN MEMBER
A full-time police officer, below the rank of Police Captain, employed by the Hillside Police Department who has completed a certified Basic Police Training Course and one year of service as a police officer in the Township of Hillside subsequent to his or her completion of the Basic Police Training Course. A sworn member who is on sick leave or leave of absence for any reason, including disability or illness, or who is assigned to restricted duty by the Chief of Police for any reason, including, but not limited to, disability or illness, shall not be considered a qualified sworn member for purposes of this section. The Chief of Police may authorize other sworn members to participate in the secondary employment program on a case-by-case basis to meet the needs of the Hillside Police Department or a contractor.
[2]
Editor's Note: Schedule A is included in Subsection J of this section.
C. 
Guidelines.
(1) 
General.
(a) 
The Chief of Police shall establish and enforce the necessary policy and procedures to provide uniform standards for all police-related secondary employment of qualified sworn members of the Hillside Police Department. Secondary employment shall be considered a privilege, not an entitlement. The Chief of Police shall have the right to prohibit, restrict and regulate all police-related secondary employment for the good of the Police Department and in the best interests of the community.
(b) 
Qualified sworn members of the Hillside Police Department shall be permitted to engage in police-related secondary employment in the Township of Hillside at the sole discretion of the Chief of Police. No sworn member of the Hillside Police Department shall engage in police-related secondary employment without the authorization of the Chief of Police.
(c) 
Qualified sworn members who are engaged in authorized police-related secondary employment shall consider the Township of Hillside to be their primary employer at all limes and shall be subject to the rules and regulations of the Hillside Police Department and the supervision and control of the Chief of Police at all times.
(d) 
Any crime, offense or condition occurring in the presence of a qualified sworn member who is engaged in police-related secondary employment shall be acted upon in accordance with all applicable laws, ordinances and rules and regulations of the Hillside Police Department.
(e) 
Unless specifically exempted by the Chief of Police, sworn members who are engaged in police-related secondary employment shall wear the uniform of the day and carry all equipment as required by the rules and regulations of the Hillside Police Department.
(2) 
Recall of officer from assignment.
(a) 
Sworn members, while engaged in authorized police-related secondary employment shall be subject to immediate recall at any time by the Chief of Police or his designee(s).
(b) 
In the event an officer is recalled from a secondary employment, assignment for more than 30 minutes, the contractor shall not be required to compensate the Township of Hillside for the amount of time the officer is absent from said assignment. This shall not apply if an officer is required to leave an assigned location for the purpose of transporting to Police Headquarters any person(s) that he or she has placed under arrest, or to file the necessary reports in connection with any lawful arrest the officer has made while employed by a contractor. In all such cases, the contractor shall be responsible for the full payment of the officer, even while he or she is absent from the assigned location.
(3) 
Suspension of secondary employment program.
(a) 
The Chief of Police shall ensure that the police-related secondary employment of qualified sworn members does not interfere with or disrupt the efficient operation of the Hillside Police Department in any way.
(b) 
The Chief of Police shall have the right to suspend the secondary employment program at any time and without cause. In the event the Chief of Police suspends the secondary employment program, he shall notify all contractors of said action without delay. The Chief of Police shall also notify the Mayor and President of the Township Council within 24 hours.
(4) 
Disciplinary action.
(a) 
The Chief of Police shall have the right to take disciplinary action against any member of the Hillside Police Department who violates any provision of the rules and regulations of the Hillside Police Department while engaged in police-related secondary employment. In addition, the Chief of Police shall have the right to suspend an individual member of the Hillside Police Department from participation in the secondary employment program under any of the following circumstances:
[1] 
If there is reason to believe that the member's participation in the program has interfered with his or her ability to perform his or her duties as a police officer;
[2] 
If there is reason to believe that the member's participation in the program has created or will create a conflict of interest or the public perception of a conflict of interest;
[3] 
If there is reason to believe that the member's participation in the program has brought discredit or embarrassment to the Township of Hillside;
[4] 
If there is reason to believe that the member has violated the policy or procedures established for the implementation of this section; or
[5] 
For other good cause as determined by the Chief of Police.
(b) 
In the event the Chief of Police suspends an individual member of the Hillside Police Department from participation in the secondary employment program, he shall notify said member, in writing, stating the reason(s) for the suspension and effective dates of the suspension.
(c) 
Nothing in this section shall prevent the Chief of Police from taking disciplinary action against any member of the Hillside Police Department in accordance with the rules and regulations of the Hillside Police Department and the New Jersey Department of Personnel.
D. 
Rates of compensation and administrative fees.
(1) 
Rate of compensation. Qualified sworn members who elect to participate in the secondary employment program shall not be entitled to overtime compensation. Rather, they shall be compensated in accordance with the rates set forth in Schedule A of this section.[3]
[3]
Editor's Note: Schedule A is on file in the Township offices.
(2) 
A 25% administrative fee shall be added to the rates of compensation to offset the Township's expenses in connection with the Secondary Employment Program. The Chief Financial Officer shall pay the Township's share of FICA and Medicare taxes from said administrative fee in accordance with Schedule A to be added as Subsection J and containing a breakdown of all fees.
(3) 
Input by collective bargaining unit(s). The collective bargaining unit shall have input into the established rates of payment for the various assignment categories; however, the collective bargaining unit shall not have input with respect to the administrative fee that is collected by the Township of Hillside. The collective bargaining unit's silence at the time of adoption of this section shall be deemed to be an expression of consent to the established rates of compensation.
(4) 
Changes in rate of compensation.
(a) 
The rates of compensation in effect at the time of adoption of this section shall be subject to change only upon amendment of this section. Said rates shall be reviewed periodically by the Mayor or his or her designee in collaboration with the collective bargaining unit(s).
(b) 
Any contractor that regularly employs qualified sworn members of the Hillside Police Department as provided for by this section shall be notified without delay upon any change in the applicable rates.
E. 
Use of official vehicles.
(1) 
If a contractor employs a sworn member of the Hillside Police Department for any assignment that requires the use of an official vehicle, the contractor shall compensate the Township of Hillside for the additional expense incurred in connection with the use of said vehicle (see Schedule A). The Chief of Police or his designee shall determine if an official vehicle is necessary for safety purposes.
(2) 
In the event an official vehicle is damaged while deployed at any assignment in connection with the police-related secondary employment of a member of the Hillside Police Department, the contractor shall be responsible for any uninsured losses incurred by the Township of Hillside. The Chief of Police or Chief Financial Officer may require contractors to deposit funds in an escrow account for this purpose.
F. 
Staffing levels.
(1) 
Special events. In the event a contractor, including a public or private entity, shall request to employ police officers for any special event, sporting event or other public or quasi-public event where more than 100 persons shall be expected to gather, the Chief of Police or his designee shall require the contractor, including a public or private entity, to employ a sufficient number of police officers at said event to ensure public safety and the safety of police personnel so assigned. The estimated number of officers required at said event shall be the sole determination of the Chief of Police.
(2) 
Traffic and road construction details. In the event a contractor, including a public or private entity or utility company, shall request to employ police officers for a traffic or construction detail, the Chief of Police or his designee shall require the contractor to employ a sufficient number of police officers to ensure public safety and facilitate the flow of traffic through the Township. The estimated number of officers required for said assignment shall be the sole determination of the Chief of Police.
(3) 
Other assignments. In the event a contractor shall request to employ police officers for any other assignment in the Township, including, but not limited to, security details at shopping centers, financial institutions, or other places of business, the Chief of Police or his designee shall have the right to thoroughly inspect said premises at any time and review any security plan(s) for the business location where the police officer assigned will be deployed. In all cases, the Chief of Police or his designee shall determine the police officer's particular assignment and deployment.
G. 
Assignment of police supervisor. The Chief of Police shall determine if the assignment of a police supervisor is necessary to direct and coordinate the efforts of members of the Hillside Police Department at any special event, sporting event, or other police-related secondary employment assignment in the Township. The contractor shall be required to recompense the Township of Hillside for the assignment of police supervisor(s) in accordance with Schedule A.
H. 
Procedure.
(1) 
Application.
(a) 
Contractors, including public and private entities, that wish to employ members of the Hillside Police Department shall make written application to the Chief of Police and sign a contract to be prepared and approved by the Township Attorney after consultation with the Chief of Police. Said application shall be submitted not less than seven days in advance of a special event or sporting event. The Chief of Police may waive this requirement in the event of an emergency.
(b) 
Contractors that employ members of the Hillside Police Department on a regular, ongoing basis shall be required to renew their application annually. The Chief of Police shall require contractors to provide proof of workman's compensation or other business insurance coverage prior to the approval of any application.
(c) 
The Chief of Police shall have the right to deny an application to provide the services of sworn members of the Hillside Police Department to any contractor, including public or private entities, without cause.
(2) 
Escrows.
(a) 
Contractors who engage sworn members of the Hillside Police Department for police-related secondary employment shall be required to deposit funds for the compensation of said officer(s) in an escrow account. The amount to be deposited shall be determined by the Chief Financial Officer, who shall establish and maintain said escrow accounts and/or dedicated trust fund for this purpose.
(b) 
The Chief of Police shall be authorized to waive this requirement for good cause with the consent of the Chief Financial Officer, or in an emergency. The Hillside Board of Education shall be specifically exempted from this requirement.
(3) 
Payment.
(a) 
Contractors that employ members of the Hillside Police Department as provided by this section shall forward all payments, including escrows, to the Chief Financial Officer of the Township of Hillside.
(b) 
The Chief Financial Officer shall establish accounting procedures for the collection of monies from contractors and the timely payment of officers who engage in the secondary employment program. He shall place all monies received in an escrow account or dedicated trust find(s) established for this purpose and shall institute payroll procedures consistent with this section to remunerate police officers for all secondary police-related employment. The Chief Financial Officer shall not use "contra" accounting methods, and officers should not be paid through the salary and wage budget line item.
(c) 
In no event shall any sworn member of the Hillside Police Department be directly compensated by any contractor for services rendered in connection with his or her secondary police-related employment.
(4) 
Disbursement of administrative fee(s).
(a) 
In accordance with Subsection D of this section, an administrative fee shall be added to the rates of compensation to offset the Township's expenses in connection with the secondary employment program.
(b) 
The Chief Financial Officer shall review the escrow account(s) and dedicated trust fund(s) periodically and transfer not more than 75% of the total collected administrative fees to the Township surplus fund. The remaining 25% of the total collected administrative fees shall remain in the escrow account(s) and/or dedicated trust fund(s) and may be used to remunerate police officers in the event a contractor defaults on required payments to the Township.
(5) 
Review by Chief Financial Officer and Chief of Police. The Chief Financial Officer and Chief of Police shall review the escrow accounts and dedicated trust fund(s) periodically but not less than twice annually and recommend appropriate action to correct any deficiencies in connection with the administration of the secondary employment program.
I. 
Miscellaneous provisions.
(1) 
Licensed premises. In accordance with N.J.S.A. 33:1-71, the Chief of Police shall not allow sworn officers to be regularly employed at any establishment in the Township that is licensed to distribute alcohol by the New Jersey Division of Alcoholic Beverage Control. The Chief of Police is authorized to waive this prohibition under very limited circumstances consistent with law.
(2) 
Voluntary services. Nothing in this section shall preclude any qualified sworn member from providing his or her services to any contractor on a voluntary basis, subject to the approval of the Chief of Police.
(3) 
Non-police trades and professions.
(a) 
Nothing in this section shall preclude any sworn member of the Police Department from engaging in outside employment of a non-police nature in which vested police powers are not a condition of employment. Examples include, but are not limited to, part-time work in the building trades (plumber, carpenter, etc.) or other professions (teaching, photography, dental hygiene, etc.).
(b) 
Members of the Police Department who elect to engage in such vocations shall not do so at any time while engaged in the performance of their regular duties, nor shall they allow said employment to interfere with their duties. The Chief of Police is authorized to establish policies governing this practice and to take appropriate disciplinary action against any member of the Police Department who shall violate this provision.
(4) 
Emergency action to protect private property. Nothing in this section shall preclude the Chief of Police from assigning sworn members of the Hillside Police Department, as necessary, to protect the private interests of any contractor, property owner or business entity whose property is threatened by an emergency such as a fire, flood or other man-made or natural disaster. The good-faith assignment by the Chief of Police of police personnel under such circumstances may be made without the collection of escrow funds or prepayment. Officers so assigned shall be compensated at their overtime rate, and the contractor or property owner whose private interests were protected shall be required to reimburse the Township of Hillside for personnel expenses incurred pursuant to this provision. The Township of Hillside may pursue legal remedies, as appropriate, to recover said expense.
(5) 
Traffic and road construction assignments.
(a) 
Minimum assignment. Unless otherwise agreed by the Collective Bargaining Agent and Chief of Police, off-duty members assigned to traffic or construction details shall be entitled to a minimum of four hours' payment. For assignments in excess of four hours, members shall be paid in hourly increments with partial hours rounded up to the next full hour.
(b) 
Weekends. Members shall be entitled to time-and-a-half payment for all traffic and road construction assignments that occur between the hours of 12:01 a.m. Saturday and 11:59 p.m. Sunday.
(c) 
Holidays. Members shall be entitled to time-and-a-half payment for all traffic and road construction assignments that occur on the following holidays when said holidays occur between Monday and Friday: New Year's Day, Martin Luther King's Birthday, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day.
(d) 
Cancellation of assignment. In the event of the cancellation of an assignment for any reason, contractors shall make timely notification to the Police Department. If a contractor provides less than two hours' notification of cancellation, any officer assigned shall be entitled to four hours' payment at the regular hourly rate for the assignment. The Chief Financial Officer shall withhold this amount along with the applicable administrative fee from any escrows the contractor has provided.
(e) 
Notice to Police Department. To schedule traffic or road construction assignments, contractors shall contact the Police Department Assignment Officer between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday, not less than 24 hours prior to the starting time of the assignment. In the event a contractor fails to comply with this provision and provides less than 24 hours' notice to the Police Department, said contractor shall be required to pay an additional $35 administrative fee to the Township of Hillside. Said $35 fee shall be a one-time fee per assignment, regardless of the number of officers assigned to the detail. The contractor shall be required to pay every officer so assigned a minimum of four hours' pay as provided by Subsection I(5)(a) of this section.
(f) 
Emergency assignments. In the event a contractor fails to comply with Subsection I(5)(e) of this section and provides less than four hours' notice to the Police Department, said assignment shall be considered an emergency and the contractor shall be required to pay an additional $75 administrative fee to the Township of Hillside. Said $75 fee shall be a one-time fee per assignment, regardless of the number of officers assigned to the detail. The contractor shall be required to pay every officer so assigned a minimum of four hours' pay as provided by Subsection I(5)(a) of this section.
(g) 
Assignment of on-duty officer at construction site. In the event the Chief of Police or his designee assigns an on-duty member to assist a contractor at a location that requires traffic control and direction, said contractor shall be required to recompense the Township of Hillside for the services rendered by the on-duty officer in accordance with Schedule A.[4] All applicable administrative fees and vehicle usage fees shall apply.
[4]
Editor's Note: Schedule A is included in Subsection J of this section.
J. 
Schedule A.
Assignment Type
Officer's Rate
Administrative Fee
(25%)
Final Rate
(per hour)
General assignments (minimum: 2 hours)
$25.29
$6.32
$31.61
Sports and special events (minimum: 2 hours)
$40.00
$10.00
$50.00
Traffic or construction (7:00 a.m. - 7:00 p.m., minimum: 4 hours)
$50.15
$12.54
$62.69
Less than 48 hours' notice
$35
Less than 4 hours' notice
$75
Weekends and holidays
$75.22
$18.81
$84.03
Traffic or construction (7:00 p.m. - 7:00 a.m., minimum: 4 hours)
$55.16
$13.79
$68.95
Less than 48 hours' Notice
$35
Less than 4 hours' Notice
$75
Weekends and holidays
$82.74
$20.69
$103.43
Use of Police Department vehicle, if needed:
$50.00 for first 4 hours (minimum fee), $10.00 per hour each additional hour
Supervisor, if needed:
Officer's overtime rate + 25% administrative fee
[1]
Editor's Note: This ordinance was vetoed by the Mayor 6-12-2019. The veto was overridden 6-25-2019 by Res. No. R-19-115.
[Amended 10-29-2002]
Full-time members and employees of the Police Department shall receive annual vacation leaves as per current contract between the Township of Hillside and the Fraternal Order of Police.
[Amended 10-21-2003]
No member of the Police Department and no special officer while holding office or appointment under the authority of this chapter shall at any time:
A. 
Violate any criminal law of the United States or of New Jersey or any ordinance of the Township.
B. 
Conduct himself in a manner unbecoming a police officer and a gentleman.
C. 
Conduct himself in a manner subversive to good order and discipline of the Police Department.
D. 
Conduct himself in a manner disrespectful to a superior.
E. 
Absent himself from his post of duty without having obtained prior leave from his superior officer, except in case of emergency.
F. 
Absent himself from the Township, except when he is off duty or on vacation pursuant to the order of the Police Chief, without having obtained prior leave from the Chief, provided that this regulation shall apply to special police officers only while assigned to active duty.
G. 
Refuse to perform any of the duties of his office or evade the performance of any such duties, whether on patrol or otherwise and whether or not in uniform, provided that this regulation shall apply to special police officers only while assigned to active duty.
H. 
Contract any debts or other financial obligations without a reasonable expectation of being able to pay or discharge the same when due.
[Amended 10-29-2002]
Upon his appointment there shall be furnished to each police officer a uniform, badge and other necessary equipment at the expense of the Township, which shall remain the property of the Township and which shall be maintained by the officer in a clean and usable condition. An inventory of uniforms and equipment shall be taken by the Police Chief at the end of each calendar year to determine the need for replacement or new equipment. In the event that equipment may be needed or replaced, the Police Chief shall make such recommendation to the Mayor and Township Council.
All firearms which may be provided by the Township shall remain the property of the Township.
[Amended 7-1-1975 by Ord. No. G-65-75; 3-5-2002; 4-22-2025 by Ord. No. O-25-07]
A. 
Appointment of school traffic guards and special officers - Class One.
(1) 
The Township Council may appoint such number of school traffic guards and special officers as it may authorize, for a term not exceeding one year, and revoke such appointments without cause or hearing. Such school traffic guards and special officers shall carry out their duties and responsibilities under the direction and supervision of the Police Chief, and their powers, rights and duties shall be specifically defined by the Police Chief. The powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. School traffic guards and special officers shall not carry revolvers or other weapons at any time except as otherwise directed by the Police Chief.
(2) 
No person shall be appointed a school traffic guard or special officer unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified, is of good moral character, and shall not have been convicted of any crime. Reports shall be made by the Police Chief to the Township Committee concerning the eligibility and qualifications of any person proposed to be appointed a school traffic guard or special officer.
(3) 
All special officers appointed shall be designated Class One as per the provisions of N.J.S.A. 40A:14-146.11 and any special officers appointed pursuant to this subsection be limited to five appointees.
B. 
Appointment of special law enforcement officers - Class Three; qualifications; revocation.
(1) 
Creation of position. In accordance with the provisions of P.L. 1986, c. 2, of the New Jersey Statutes, N.J.S.A. 40A:14-146.8 et seq., there is hereby created the position of special law enforcement officer Class Three for the Township of Hillside in the County of Union.
(2) 
Qualifications. In order to be eligible for appointment to the position of a special law enforcement officer-Class Three, each applicant must:
(a) 
Be a resident of this state during the term of appointment;
(b) 
Be able to read, write and speak the English language well and intelligently and have a high school diploma or its equivalent;
(c) 
Be sound in body and of good health;
(d) 
Be of good moral character;
(e) 
Have not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of this position;
(f) 
Have successfully undergone the same psychological testing that is required of all full-time police officers in this municipality;
(g) 
Be 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;
(h) 
Have served as a duly qualified, fully trained, full-time officer in any municipality or county of this state or as a member of the state police and was separated from that prior service in good standing:
(i) 
Be physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;
(j) 
Possess a New Jersey Police Training Commission basic police officer certification or New Jersey, State Police Academy certification;
(k) 
Have completed the training course for safe schools resource officers developed pursuant to Subsection a of Section 2 of P.L. 2005. c. 276 (N.J.S.A. 52:17B-71.8).
(3) 
Classification; powers and duties. The classification of the special law enforcement officers shall be based upon the duties to be performed by said officers and are established as follows:
(a) 
Special law enforcement Class Three officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public school on the school premises during hours when the public school is normally in session or when it is occupied by public school students or their teachers. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school grounds if they occur in the officer's presence while traveling to a school facility, but an officer shall not otherwise be dispatched or dedicated to any assignment off school property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985. c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class 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 firearm.
(b) 
A special law enforcement Class Three officer shall be employed only to assist the Police Department with security duties at public schools and shall not supplant a law enforcement officer employed pursuant to the provisions of N.J.S.A. 18A:17-43 or a safe schools resource officer employed pursuant to the provisions of Section 3 of P.L. 2005, c. 276 (N.J.S.A. 18A:17-43.1).
(c) 
A special law enforcement Class Three officer appointed pursuant to the provisions of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.) shall not, based on this appointment, be eligible for health care benefits or enrollment in any state-administered retirement system.
(d) 
Payment shall be based on an hourly rate.
(4) 
Compliance with legislation of the Police Department. All duly appointed special law enforcement officers Class Three shall be subject to the rules and regulations governing the Police Department of the Township of Hillside.
(5) 
Supervision and direction.
(a) 
A special law enforcement officer Class Three shall be under the supervision and direction of the Chief of Police or his designee and shall perform his/her duties only in the Township of Hillside, unless in fresh pursuit of any person pursuant to Chapter 195 of Title 2A of the New Jersey Statutes.
(b) 
The special law enforcement Class Three officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Police Department.
(6) 
Training. No special law enforcement officer Class Three shall commence his/her duties until he/she has completed the training as required under N.J.S.A. 40A:14-146.11, as amended from time to time.
(7) 
Uniforms. The uniform of special law enforcement officer Class Three shall be determined by the Chief of Police and shall be in compliance with N.J.S.A. 40A:14-146.12.
[Amended 12-30-1991 by Ord. No. G-313-91; 2-29-2000]
The Mayor shall be the appropriate authority as defined in N.J.S.A. 40A:14-118 to establish, amend and repeal such policies, rules and regulations as it deems necessary for the government of the entire Department and for the discipline of its members which are not inconsistent with the laws of the State of New Jersey or ordinances of the Township. The rules and regulations shall be posted in facilities assigned to the Police Department for headquarters purposes, and a copy thereof shall be delivered to each member of the Department.
[Added 12-19-1972 by Ord. No. G-12-72; amended 10-29-2002]
Leave of absence will be granted as per current contract between the Township of Hillside and the Fraternal Order of Police.
[Added 6-18-1991 by Ord. No. G-308-91]
A. 
Pursuant to N.J.S.A. 40A:14-156.1, there is hereby established a mutual aid agreement with all other municipalities in Union County, New Jersey, which adopt a reciprocal ordinance to provide mutual police aid in case of emergency. This agreement shall apply whenever this municipality 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 in this county which has enacted a reciprocal ordinance may experience a similar emergency requiring additional police assistance.
B. 
The Police Chief of the Police Department of this municipality, after consultation with the Chairman of the Police Committee, is authorized to request assistance from the Police Chief or other head of the Police Department of another municipality within Union County to provide aid during and after said emergency.
C. 
The Police Chief or head of the Police Department of this municipality shall provide assistance to another municipality or municipalities in Union County making a valid request to supply such personnel and equipment as required to the extent possible without endangering person or property within this municipality. "Valid request" means clear and convincing demonstration for the need to provide assistance. The members of the Police Department supplying aid shall have the same powers, authority, rights and immunities of the members of the police force of the municipality to which assistance is rendered.
D. 
This municipality shall, upon providing assistance to another municipality which has enacted a reciprocal mutual aid ordinance, assume the cost and expense of providing its personnel and equipment to the requesting municipality, except in such instances when the requesting municipality receives state or federal aid by way of reimbursement. In such circumstances, the cost incurred shall be submitted to the community requesting assistance.
E. 
Members of the Police Department of this municipality 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 realized if injury or death had occurred in the performance of normal duties in this municipality.
F. 
The Clerk of this municipality shall maintain a record of all such ordinances adopted by other municipalities within the County of Union.