[HISTORY: Adopted by the Municipal Council
of the City of Clifton 4-22-1998 by Ord. No. 5960-98.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 77, Police Department, which consisted of Art. I, General Provisions, adopted 12-20-1960 by Ord. No. 3319 as Ch. 25 of the Revised Ordinances of the City of Clifton, New Jersey, 1960, as amended; and Art. II, Salaries and Benefits, adopted 12-20-1988 by Ord. No. 5319-88, as amended.
[Amended 6-16-1998 by Ord. No. 5973-98; 7-17-2001 by Ord. No. 6215-01; 12-17-2002 by Ord. No.
6322-02; 10-21-2003 by Ord. No. 6372-03; 6-1-2004 by Ord. No. 6414-04; 6-6-2005 by Ord. No. 6488-05; 3-3-2009 by Ord. No. 6803-09; 5-5-2009 by Ord. No. 6813-09; 1-19-2010 by Ord. No. 6859-10; 3-2-2010 by Ord. No. 6868-10; 1-4-2011 by Ord. No. 6919-11; 11-7-2012 by Ord. No.
7059-12; 5-20-2014 by Ord. No. 7159-14; 7-7-2015 by Ord. No. 7221-15; 2-16-2016 by Ord. No. 7279-16; 5-15-2018 by Ord. No.
7453-18; 6-15-2021 by Ord. No. 7651-21; 1-18-2022 by Ord. No. 7687-22; 7-5-2022 by Ord. No. 7746-22]
The Police Department as heretofore established
is hereby continued.
The Police Department of the City of Clifton shall consist of
the following officers and persons whose offices and positions are
hereby continued and created (except as herein provided):
|
Position
|
Number
|
|---|---|
|
Chief
|
1
|
|
Captain
|
3
|
|
Lieutenant
|
13
|
|
Sergeant
|
19
|
|
Police officer
|
135
|
|
Total
|
171
|
The City Manager shall appoint the Chief of
Police, who shall be the commanding officer of the police force of
the City under the supervision and direction of the City Manager.
The Chief of Police shall be the head of the police force and
he shall be directly responsible to the Appropriate Authority for
the efficiency and routine day-to-day operations thereof, and he shall,
pursuant to policies established by the Appropriate Authority:
A.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
B.
Have, exercise, and discharge the functions, powers and duties of
the force;
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 force 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 such Authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such Authority;
F.
Shall work a minimum of 40 hours per week and, further, depending
upon the existing circumstances, conditions and emergencies, such
additional hours as may be necessary or required to effectively and
fully carry out and perform his duties, responsibilities and functions;
G.
Be available at all times for duty, except when excused by the City
Manager; and
H.
Perform such other duties as may from time to time be established
by policy promulgations and directives of the City Manager.
The following terms shall have the meanings indicated:
Any person holding the public office of Mayor or Councilmember
of the City of Clifton.
Parent, stepparent, mother-in-law, father-in-law, spouse,
domestic partner, sibling, stepsibling, cousin, child, stepchild,
daughter-in-law, son-in-law, niece, nephew, or grandchild.
Includes:
A special law enforcement officer having the rights, powers
and duties prescribed by N.J.S.A. 40A: 14-146.8 et seq.
A Class I officer, who shall be authorized to perform routine
traffic duties, spectator control and similar duties, and shall have
the power to issue summonses for disorderly persons and petty disorderly
persons and offenses and violations of Title 39 of the Revised Statutes
of New Jersey. Class I officers shall not have the police powers of
arrest. The use of firearms by an officer of this class is strictly
prohibited, and no officer of this class shall be assigned to any
duties which may require the carrying or use of firearms; however,
Class I special law enforcement officers shall be empowered to carry
nightsticks and handcuffs while in the actual performance of their
duties for self-protection and to facilitate the performance of their
duties. There will be no new appointments of officers as Class I specials
within the City of Clifton, but this will not affect the reappointment
of those officers who currently hold this classification.
A Class II officer, who shall be authorized to exercise full
powers and duties similar to those of permanent, regularly appointed
full-time police officers. The use of a firearm by an officer of this
class is authorized, but only after the officer has been fully certified
as successfully completing training as prescribed by the Police Training
Commission established in the Department of Law and Public Safety
pursuant to N.J.S.A. 52:17B-70. Class II special law enforcement officers
within the City of Clifton shall be authorized to make arrests.
A.
The City Manager shall, in the manner provided by law, appoint such
police officers, assistants, subordinates and employees of the Police
Department as may be provided for by ordinance.
B.
No person shall be appointed a member of the Police Department unless
he or she possesses the requisite qualifications prescribed by the
applicable statutes of New Jersey, including all applicable civil
service rules and regulations.
C.
In accordance with the provisions of N.J.S.A. 11A:4-1.3, a person
may be appointed to an entry-level law enforcement position in the
Police Department, which allows for an exemption to the Civil Service
Commission Law enforcement examination requirement, provided the individual
has successfully completed a full basic course for police officers
training course approved by the New Jersey Police Training Commission.
D.
Antinepotism policy.
(1)
Any individual that seeks to be appointed to an entry-level law enforcement
position in the Police Department pursuant to N.J.S.A. 11A:4-1.3 shall
be subject to the following antinepotism policy.
(2)
No relative of the City Manager, Police Chief, Personnel Officer
or any elected official shall be appointed to an entry-level law enforcement
position in the Police Department.
(3)
This antinepotism policy shall be applied prospectively and shall
not restrict nor prohibit the continued employment of any police officer
currently employed by the City of Clifton.
E.
Conflict of interest policy.
(1)
It shall be a conflict of interest for any elected official to seek
to influence the City Manager, Police Chief or Personnel Officer to
hire any entry-level police officer pursuant to N.J.S.A. 11A:4-1.3.
(2)
Each elected official as well as the City Manager, Police Chief and
Personnel Officer shall comply with the Code of Ethics for Local Government
Officers or Employees in accordance with N.J.S.A. 40A:9-22.5.
No person shall be given or accept a permanent appointment as
a police officer unless such person has successfully completed a police
training course at an approved school in accordance with the provisions
of N.J.S.A. 52:17B-68 et seq.
Nothing herein shall prohibit the giving or accepting of a probationary
or temporary appointment as a police officer for a period not to exceed
one year, to enable a person seeking a permanent appointment to complete
a police training course as prescribed by the Police Training Commission
in accordance with the provisions of N.J.S.A. 52:17B-69.
It shall be the duty of every member of the police force to
observe and enforce all laws, ordinances and rules and regulations
pertaining to his duty as a police officer. He shall, under the general
overall supervision of the City Manager and the direct supervision
of the Chief of Police, be authorized and empowered, and it shall
be his duty, to do and perform all acts and things required by general
law and ordinances of the City, the rules and regulations of the Police
Department or prescribed by the Chief of Police consistent therewith,
to be performed by policemen. He shall perform such other duties as
may from time to time be required of him by virtue of and under policies
established by the City Manager and prescribed by the Chief of Police.
The hours of employment of the uniformed members of the Police
Department shall be in accordance with the terms of the relevant collective
bargaining agreement.
A.
The City Manager is designated the Appropriate Authority, consistent
with N.J.S.A. 40A:14-118.
B.
The City Manager is hereby authorized and directed to adopt and promulgate
rules and regulations for the government of the police force and for
the discipline of its members, consistent with the provisions of N.J.S.A.
40A:14-118.
One copy of the revised rules and regulations of the Police
Department of the City shall be placed on file in the office of the
City Clerk and be made available for public examination.
One copy of the revised rules and regulations shall be furnished
to each member of the Police Department and such other person or persons
or departments as may be appropriate in the opinion of the Chief of
Police.
A.
The Municipal Council may, from time to time upon the advice of the
Chief of Police, appoint special law enforcement officers, each for
a term not exceeding one year; provided, however, that all appointments
shall expire on the 31st day of December of the year in which the
appointment is made.
B.
Upon the termination of employment of any special law enforcement officer who has been appointed pursuant to the provisions of Subsection A hereof, said appointment shall expire forthwith.
C.
The number of special law enforcement officers appointed within the
City of Clifton shall not exceed 25% of the total number of regular
police officers employed by the City of Clifton.
No person shall be appointed as a special law enforcement officer
unless such person possesses the following qualifications:
A.
Is a resident of this City and state and a citizen of the United States during the term of employment; provided, however, that the residency of such person in the City shall, in all respects and requirements, be subject to and in accordance with all of the provisions of Chapter 95 of the Code of the City of Clifton, entitled "Residency Requirements."
B.
Is able to read, write and speak the English language well and intelligently,
and has a high school diploma or its equivalent.
C.
Is sound in body and of good health.
D.
Is of good moral character.
E.
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office.
F.
Has successfully passed the same psychological and medical testing
that is required of all full-time police officers of the City.
A.
Each applicant shall have fingerprints taken, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
B.
Every applicant for appointment as a special law enforcement officer
shall submit a written application, verified under oath, setting forth
his qualifications for the position and any other data as may be required
by the Police Department.
C.
Before any appointment or reappointment is made, the Chief of Police
shall ascertain the eligibility and qualifications of the applicant
and shall report these determinations, in writing, to the Municipal
Council.
D.
No person may commence his duties as a special law enforcement officer
unless he has successfully completed a training course approved by
the Police Training Commission. Special law enforcement officers shall
not be compensated for time spent in training.
The term of appointment of a special law enforcement officer
shall not exceed one year; provided, however, that the appointment
is for four months or less, in which event the appointment may be
revoked without cause or hearing. Nothing herein shall be construed
to require reappointment of a special law enforcement officer upon
the expiration of his term of appointment.
A.
No person appointed as a special law enforcement officer in the City
of Clifton shall accept appointment as a special law enforcement officer
in any other jurisdiction. No permanent, regularly appointed full-time
police officer of the City of Clifton or any other jurisdiction shall
be appointed as a special law enforcement officer for the City of
Clifton. No public official with responsibility for setting law enforcement
policy or for exercising authority over the budget, or for supervision
of the Police Department of the City of Clifton, shall be appointed
as a special law enforcement officer.
B.
The powers, rights and duties of every special policeman shall immediately
cease at the expiration of his term of office for which he is appointed
or upon revocation of his appointment.
C.
Training. No person shall commence his duties as a special law enforcement
officer unless he has successfully completed a training course approved
by the Police Training Commission, and no special law enforcement
officer shall be issued a firearm unless he has completed the basic
firearms course approved by the Commission for permanent, regularly
appointed police officers, and successfully completed all semiannual
firearms requalification examinations conducted by the Clifton Police
Department.
No special law enforcement officer shall carry a firearm or
any other weapon except while engaged in the actual performance of
his official duties when specifically authorized by the Chief of Police
or his designee. Any firearm utilized by a special law enforcement
officer shall be returned at the end of the officer's work day
to the officer in charge of the station house, unless the firearm
is owned by the special law enforcement officer and was acquired in
compliance with a condition of employment. Any special law enforcement
officer appointed after the effective date of this chapter shall use
only a firearm supplied by the City of Clifton Police Department.
A.
No special law enforcement officer shall be employed for more than
20 hours per week except during periods of emergencies as declared
by the Chief of Police in accordance with N.J.S.A. 40A:14-146.16a(2).
Special law enforcement officers shall be employed only to assist
the Police Department of the City of Clifton and may not be employed
to replace or substitute for full-time, regular police officers.
B.
A special law enforcement officer may be assigned by the Chief of
Police or his designee to perform public safety functions for a private
entity only if the special law enforcement officer is functioning
subject to the supervision of the Chief of Police or his designees
(i.e., any regularly employed member of the Police Department). The
special officer shall under these circumstances be deemed to be on
duty.
C.
A special law enforcement officer shall perform his duties only within
the City of Clifton unless in fresh pursuit of any person in accordance
with N.J.S.A. 2A:156-1 et seq.
Upon approval by the Municipal Council of the application for
appointment, each applicant shall take the oath of office.
A.
Each special officer shall be furnished with one uniform and one
badge and hat device upon his initial appointment. These items shall
be returned to the Police Department within 30 days of the expiration
or revocation of his appointment. Any person who violates or refuses
to comply with the provisions of this section shall, upon conviction
thereof, be subject to a fine not to exceed $500.
Every special law enforcement officer shall be under the supervision
and direction of the Chief of Police and/or his designee(s).
Every special law enforcement officer shall comply with all
rules, regulations, orders, procedures and directives promulgated
for the conduct and decorum of the regular members of the Police Department
of the City of Clifton and for the efficient operation of the Police
Department. Special law enforcement officers shall adhere to and shall
not bypass the chain of command of the Clifton Police Department.
There is established within the Police Department the position
of Police Chaplains. There shall be five Police Chaplains who shall
be appointed by the City Manager, and they shall serve for a period
of three years without salary.
Any person appointed as a Chaplain shall be a duly and regularly
ordained clergyman in good standing in the religious body from which
he may be selected.
The City Manager shall appoint as many school traffic guards
as the City Manager shall deem necessary in the City. No member of
the Police Department of the City shall be appointed as a school traffic
guard.
School traffic guards must possess the following qualifications.
They shall be:
A.
Not less than 18 years of age.
B.
A citizen of the United States.
C.
Of good moral character.
D.
Able to read and write the English language.
E.
At least five feet two inches in height.
F.
In good health, sound in body and mind, and certified by a physician
selected by the City as being physically capable of performing the
duties required of them.
It shall be the duty of the physician to carefully examine the
educational, mental, moral and physical fitness of any person applying
for appointment as a school traffic guard. A certificate signed by
the physician shall be considered and taken as sufficient evidence
of the applicant's educational, mental, moral and physical capability.
School traffic guards shall be governed by all the rules and
regulations laid down for the guidance of the Police Department members
insofar as such rules and regulations are applicable and consistent
with the special class of duty prescribed for school traffic guards.
In addition, school traffic guards shall comply with all other rules
and regulations adopted for school traffic guards by the Municipal
Council.
School traffic guards shall serve at the pleasure of the City
Manager, who may summarily dismiss any school traffic guard for any
reason deemed sufficient by the City Manager.
A.
The following charges shall be made by the Record Bureau of the Police
Department for the furnishing of photographs or photostatic copies
of public records by the Police Department:
(1)
Ten dollars for any eight-by-ten-inch copy of a photograph of the
scene of an accident.
(2)
Five dollars for any three-by-five-inch copy of a photograph of the
scene of an accident.
(3)
Two dollars per page for a photostatic copy of a public record for
the first page to the fifth page.
(4)
One dollar per page for photostatic copies of public records for
all copies in excess of five pages.
B.
The foregoing charges apply to public records requested in person.
In the event that copies of public records are requested other than
in person, an additional fee of $5 for the first three pages and $1
per page thereafter shall be added to cover administrative costs.
All of the above fees shall be collected by the officer in charge
of the Record Bureau of the Police Department or by his designated
agent.
All fees collected hereunder shall be delivered to the City
Treasurer and thereafter deposited by him in the appropriate account
of the City.
Nothing contained herein shall be construed to require or authorize
the making of copies of any documents, papers or records in the possession
of the Police Department which are regarded as confidential by any
law enforcement agency or which are not public records of the Police
Department.
Nothing herein shall be construed to prohibit or prevent any
person from examining any public records in the possession of the
Police Department or from making his own written copy thereof.
[Added 4-18-2023 by Ord. No. 7813-23]
A.
Application for permit to carry handgun, each (in addition to all
state and federal fees and requirements): $150.
B.
Application for firearms identification card (in addition to all
state and federal fees and requirements): $50.
C.
Application for permit to purchase a handgun, each (in addition to
all state and federal fees and requirements): $25.
[Amended 9-17-2002 by Ord. No. 6306-02; 2-22-2006 by Ord. No. 6557-06]
A.
The offices and employments enumerated herein, in
addition to those created by statute and/or ordinance, be and the
same are hereby created for the proper conduct of the affairs of the
City, and the amounts fixed, granted and ordered paid for the employments
enumerated are as follows:
(2)
Increase in salaries for Captains, Lieutenants, Sergeants
and police officers.
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No.
6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
(a)
The salaries of the Captains, Lieutenants and Sergeants fixed
for the years 2021, 2022, 2023, 2024 and 2025, all effective as of
July 1, shall be as follows:
[Amended 2-6-2018 by Ord.
No. 7428-18; 4-6-2021 by Ord. No. 7638-21]
|
2021
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Captains
|
$166,897
|
$183,318
|
|
Lieutenants
|
$149,229
|
$163,891
|
|
Sergeants
|
$130,830
|
$146,562
|
|
2022
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Captains
|
$170,652
|
$187,443
|
|
Lieutenants
|
$152,586
|
$167,579
|
|
Sergeants
|
$133,774
|
$149,860
|
|
2023
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Captains
|
$174,491
|
$191,660
|
|
Lieutenants
|
$156,020
|
$171,349
|
|
Sergeants
|
$136,783
|
$153,232
|
|
2024
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Captains
|
$178,417
|
$195,972
|
|
Lieutenants
|
$159,530
|
$175,205
|
|
Sergeants
|
$139,861
|
$156,679
|
|
2025
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Captains
|
$182,432
|
$200,382
|
|
Lieutenants
|
$163,119
|
$179,147
|
|
Sergeants
|
$143,008
|
$160,205
|
(b)
Commencing January 1, 2020, the minimum and maximum base salaries
of police officers shall be fixed for the years 2020, 2021, 2022 and
2023 as follows, in accordance with the terms of the applicable collective
bargaining agreement:
[Amended 4-17-2018 by Ord. No. 7442-18; 3-1-2022 by Ord. No. 7699-22; 9-20-2022 by Ord. No. 7768-22]
|
2020
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Police officers
|
$32,051
|
$118,515
|
|
2021
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Police officers
|
$32,772
|
$121,182
|
|
2022
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Police officers
|
$41,703
|
$124,212
|
|
2023
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
Police officers
|
$43,262
|
$128,857
|
(3)
Salary ranges to include steps.
[Amended 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
(a)
The salary range for police officers shall include steps in accordance
with the applicable collective bargaining agreement.
(b)
The salary range for Captains, Lieutenants and Sergeants shall
include steps in accordance with the applicable collective bargaining
agreement.
[Amended 2-6-2018 by Ord.
No. 7428-18; 4-6-2021 by Ord. No. 7638-21]
B.
Extra compensation shall be as follows:
(1)
Extra compensation for personnel assigned on a permanent
basis as a full-time member in organizing and training patrol practice:
$150 per year.
(2)
Extra compensation for personnel assigned on a permanent
basis as a full-time member of the Police Tactical Squad: $300 per
year.
(3)
Extra compensation for personnel assigned on a permanent
basis the duties of training school guards: $300 per year.
(4)
Extra compensation for personnel assigned on a permanent
basis as a full-time detective: $350 per year.
(5)
Extra compensation for personnel assigned on a permanent
basis as a full-time member of the Bomb Squad: $300 per year.
(6)
Extra compensation of personnel assigned on a permanent
basis as a full-time member of the Patrol Division for Captains, Lieutenants
and Sergeants shall be: $150 per year for the day shift; $250 per
year for the evening shift; $350 for the midnight shift.
(7)
Extra compensation for personnel assigned on a permanent
basis in charge of dog census: $150 per year.
(8)
Effective January 1, 2018, there shall be no extra compensation as
set forth above for Captains, Lieutenants and Sergeants in accordance
with the applicable collective bargaining agreement.
[Added 2-6-2018 by Ord.
No. 7428-18]
C.
Uniform allowances shall be as follows:
[Amended 3-16-2010 by Ord. No. 6869-10; 6-1-2010 by Ord. No.
6886-10; 1-15-2013 by Ord. No. 7071-13; 8-7-2013 by Ord. No.
7112-13]
[Amended 7-21-2015 by Ord. No. 7229-15]
A.
Annual
salaries shall be paid in equal semimonthly installments. Weekly and
hourly wages shall be paid for such period as may be authorized by
resolutions adopted from time to time by the governing body.
B.
Direct
deposit.
[Added 5-2-2017 by Ord.
No. 7376-17]
(1)
All permanent employees and elected public officials who receive
compensation from the City of Clifton are mandated to have direct
deposit of their compensation as of July 1, 2017, in accordance with
Chapter 28, P.L. 2013, as defined under N.J.S.A. 52:14-15f(b) (including
paperless online pay stubs and W-2s).
(2)
Seasonal and temporary employees who are employed by the City of
Clifton are exempt from the direct deposit mandate.
(3)
Municipal employees may request, in writing, an exemption from the
direct deposit mandate to the City of Clifton's Personnel Director.
Such requests will be presented to the City Council within 30 days.
The City Council may grant such an exemption by resolution and only
for good cause.
[Amended 6-1-2010 by Ord. No. 6886-10; 1-15-2013 by Ord. No.
7071-13; 8-7-2013 by Ord. No. 7112-13; 6-8-2022 by Ord. No. 7735-22]
Longevity compensation shall be paid in accordance with the
terms of the relevant collective bargaining agreement.
A.
Commencing January 1, 2017, members may select between a Horizon
Blue Cross/Blue Shield Omnia Plan ("Omnia"), a Horizon Blue Cross/Blue
Shield Direct Access ("DA") Plan or a Horizon Blue Cross/Blue Shield
Preferred Provider ("PPO") Plan, in accordance with the terms of the
relevant collective bargaining agreement.
[Amended 8-7-2013 by Ord. No. 7112-13; 2-6-2018 by Ord. No. 7428-18; 4-6-2021 by Ord. No. 7638-21]
B.
The City shall continue to provide the current prescription
drug plan in accordance with the terms of the relevant collective
bargaining agreement.
C.
The City shall continue to provide the current group
dental plan, including orthodontic benefits, in accordance with the
terms of the relevant collective bargaining agreement.
D.
The City may, at its option, change any of the foregoing
plans or carriers so long as equal to or better coverage is provided.
E.
Employee
and retiree contributions. All employees and retirees will pay a contribution
to health insurance premiums, including prescription and dental, based
upon pensionable base salary in accordance with the terms and rates
set by New Jersey Statutes, including N.J.S.A. 40A:10-21 and N.J.S.A.
52:14-17.28 et seq., as set forth in the applicable collective bargaining
agreement.
[Added 6-1-2010 by Ord. No. 6886-10; amended 8-7-2013 by Ord. No.
7112-13; 2-6-2018 by Ord. No. 7428-18]
[Amended 6-8-2022 by Ord.
No. 7735-22]
Life insurance shall be provided in accordance with the terms
of the relevant collective bargaining agreement.
[Amended 6-8-2022 by Ord.
No. 7735-22]
Additional remuneration for courses in police science shall
be provided in accordance with the terms of the relevant collective
bargaining agreement.
[Amended 2-6-2018 by Ord.
No. 7428-18; 6-8-2022 by Ord. No. 7735-22]
A.
Sick leave shall be provided in accordance with the applicable collective
bargaining agreement.
B.
Terminal leave shall be provided in accordance with the terms of
the relevant collective bargaining agreement.
C.
Accumulated sick leave will be subject to the caps and restrictions
set forth by New Jersey state statutes, including, but not limited
to, N.J.S.A. 11A:6-19.1 and N.J.S.A. 11A:6-19.2 et seq.
[Amended 6-8-2022 by Ord.
No. 7735-22]
Holidays shall be recognized in accordance with the terms of
the relevant collective bargaining agreement.
