[Adopted 5-14-1969 by Ord. No. 608 (Ch. 17 of the 1969 Code)]
[Amended 12-27-1971 by Ord. No. 691; 5-27-2003 by Ord. No. 03-21; 4-26-2011 by Ord. No. 11-13]
The Police Department of the Borough of Paramus is established pursuant to N.J.S.A. 40A:14-118. The Paramus Police Department shall hereafter be called the "Department." The Police Department shall also maintain supervisory control, through the Chief of Police or other officer designated by the Chief of Police, over the Paramus Ambulance Corps, which was established and organized under Chapter 9 of the Code of the Borough of Paramus titled "Ambulance Corps" and the Office of Emergency Management.
[Amended 12-27-1971 by Ord. No. 691; 2-27-1975 by Ord. No. 75-4; 5-11-2021 by Ord. No. 2021-17]
The Chairman of the Police Committee of the Borough Council
shall, during his or her continuance as such Chairman, be the Police
Commissioner and serve as the designated Appropriate Authority consistent
with N.J.S.A. 40A:14-118.
[Amended 5-11-2004 by Ord. No. 04-8; by Ord. No. 04-15; 12-13-2006 by Ord.
No. 06-30; 6-10-2014 by Ord. No. 14-14;[1] 9-10-2019 by Ord. No. 19-24; 10-10-2023 by Ord. No. 2023-47]
The Paramus Police Force shall consist of the following personnel:
A.
Not more than one Chief of Police.
B.
Not more than one Deputy Chief of Police.
C.
Not more than four Captains.
D.
Not more than nine Patrol Lieutenants.
E.
Not more than six Detective Lieutenants.
F.
Not more than 14 Sergeants.
G.
Not more than one Traffic Sergeant.
H.
Not more than eight Detective Sergeants.
I.
Not more than 16 Detectives.
J.
Not more than six traffic officers.
K.
Not more than 60 patrol officers.
[1]
Editor's Note: Ordinance No. 2017-12 transferred the position
of Park Ranger from the Shade Tree and Parks Commission to the Paramus
Police Department.
[Added 3-13-2001 by Ord.
No. 01-3; amended 5-11-2004 by Ord. No. 04-8; by Ord.
No. 04-15]
There shall be a review of the Paramus Police Force Table of
Organization, at least every two years, by the Chief of Police, Police
Committee and Borough Attorney to insure that it meets the needs of
the Borough, it 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.
[Amended 12-27-1971 by Ord. No. 691; 2-27-1975 by Ord. No. 75-4]
The Chief of Police shall be appointed by the Mayor, subject
to confirmation by the Council, and all other officers, patrolmen
and emergency officers of the uniformed force and other personnel
shall be appointed by the Mayor and Council.
No person shall be appointed a member of the Police Department
unless he possesses the requisite qualifications prescribed by the
applicable statutes of New Jersey relating to age, residence and other
qualifications and eligibility requirements.
[Added 4-23-2013 by Ord.
No. 13-6; amended 9-14-2021 by Ord. No. 2021-32]
A.
The Borough of Paramus governing body desires to promote the most
qualified candidates to the ranks of Captain, Lieutenant, Sergeant,
Detective Lieutenant, Detective Sergeant, Detective, and Traffic Officer.
If, in the future, new positions are added to the table of organization
which result in an officer's promotion, the rules set hereto in would
govern such promotions.
B.
The appointment, promotion and assignment of personnel shall be made
on the basis of qualifications of those items listed below and without
regard to race, religion, sex, sexual orientation, national origin,
or personal, familial, or political affiliation. In accordance with
N.J.S.A. 40A:14-129, promotion of any officer shall be made from membership
of the Paramus Police Department.
C.
The officers eligible for any promotion position will presently hold or have held in the past the rank directly preceding the rank of promotion. In the event there are no officers within the preceding rank, then the officers at the next lower rank shall be eligible for promotion, therefore skipping a rank, subject to the minimum year requirements, set forth in Subsection D.
D.
Candidates being considered for the promotional rank of Sergeant
must have a minimum of six years' experience as a sworn officer with
the Paramus Police Department. Candidates being considered for promotion
to Lieutenant must have attained the rank of Sergeant with prior supervisory
duties and have attained a minimum of 10 total years of experience
with the Paramus Police Department. Candidates considered to be eligible
to be Captain must have attained the rank of Lieutenant with prior
supervisory and administrative duties and have attained a minimum
of 15 total years of experience with the Paramus Police Department.
E.
The Department will conspicuously post and will notice of all promotional
opportunities for at least 30 days prior to filling any vacancy. The
names of the officers who apply for the position will be conspicuously
posted at Police Headquarters. At the conclusion of the posting period,
a complete list of officers who have submitted will be forwarded to
the Borough Administrator's office.
F.
The Chief of Police shall consider the following criteria during
the promotional review:
(1)
Seniority;
(2)
Time in grade;
(3)
Commendations, awards;
(4)
Disciplinary history;
(5)
Confidence in ability to supervise and lead subordinates;
(6)
Decisionmaking ability;
(7)
Work experience. To include: proficiency and knowledge of the
job, performing the day-to-day duties, department rules, regulations
and Attorney General guidelines;
(8)
Communication skills;
(9)
Education, training, and skills; and
(10)
Participation within the organization.
G.
The Chief of Police shall give due consideration to the list of factors
in its totality. Seniority shall be provided the greatest deference
with all other criteria weighed equally. Other than seniority and
time in grade, the Chief of Police is to assign one of the following
ratings: excellent, very good, average, below average, and poor. If
any criteria not listed above are used during the promotional review,
the Chief of Police shall articulate the specific criteria utilized
and its relevancy.
H.
The Borough of Paramus Mayor and Council shall be responsible for
the promotion of all police personnel after receiving the recommendation
of the Chief of Police. The Mayor and Council shall retain the right
to determine if and when promotions shall be made by the Chief of
Police and accepted by the Paramus Mayor and Council; promotions shall
be made permanent and with all due speed.
I.
A candidate evaluation form must be completed for each candidate.
The Mayor and Council shall have the right to review the candidate
evaluation forms for each candidate prior to taking any action on
promotions. Upon final completion of the promotion process, copies
of all candidates' evaluation forms will be stored with the office
of the Chief of Police.
[Added 4-23-2013 by Ord.
No. 13-6]
A.
Once the Mayor and Council of the Borough of Paramus have certified by resolution that the position of any superior officer rank is vacant and until a superior officer rank is promoted pursuant to § 103-5.1, above, the Mayor and Council may designate an officer who is qualified to perform the functions and duties of any superior officer rank in an acting capacity from the list of eligibles, whether the list is active or expired.
B.
It is explicitly understood that no office or position of any kind
is created by an "acting capacity" designation. Such designation shall
also not be considered an appointment to a position, nor constitute
a promotion. Such designation shall not entitle the officer to any
additional compensation or other emoluments of office unless specifically
provided for in a collective negotiations agreement. The officer fulfilling
such assignment is not and is not intended to constitute the holding
of a de facto office or position within the meaning of N.J.S.A. 40A:9-6
or any other law. The officer designated in an acting capacity shall
continue to fulfill the assignment at the pleasure of the Mayor and
Council.
[Amended 12-27-1971 by Ord. No. 691; 2-27-1975 by Ord. No. 75-4]
The Chairman of the Police Committee as Police Commissioner,
along with the Police Committee and Administrative Assistant, shall:
A.
Subject to the ordinances of the Borough and instructions of the
Mayor and Council, have charge of the conduct and operation of the
Police Department.
B.
Be responsible for the conduct and discipline of the members of the
Department and for the due and proper enforcement of the laws of this
state and of the ordinances of the Borough.
C.
Make reports with respect to the conduct and operation of the Department
at the regular meetings of the Council.
D.
Make rules and regulations governing application for membership in
the Department and for the regulation and government of the officers
and members of the Department. Said rules and regulations shall be
approved by the Mayor and Council and notice thereof given to each
of the officers and members of the Department.
[Amended 8-26-2008 by Ord. No. 08-31]
A.
APPOINTING AUTHORITY
COMMISSION
SPECIAL LAW ENFORCEMENT OFFICER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Mayor and Council.
The Police Training Commission established in the Department
of Law and Public Safety.
Any person appointed pursuant to this act to temporarily
or intermittently perform duties similar to those performed regularly
by members of a police force of a local unit, or to provide assistance
to a police force during unusual or emergency circumstances, or at
individual times.
B.
Qualifications: No person may be appointed as a special law enforcement
officer unless the person meets the following qualifications:
(1)
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
(2)
Is sound in body and of good health.
(3)
Is of good moral character.
(4)
Has not been convicted of any offense involving dishonesty or which
would make the person unfit to perform the duties of the office.
(5)
Has successfully undergone the same psychological testing that is
required of all full-time police officers in the municipality.
(6)
Every applicant for the position of special law enforcement officer
shall have fingerprints taken, which fingerprints shall be filed with
the Division of State Police and the Federal Bureau of Investigation.
(7)
No person shall be appointed nor serve as a special law enforcement
officer in the Borough if that person is a special law enforcement
officer or police officer in any other municipality. No Borough official
with responsibility for setting law enforcement policy or exercising
authority over the budget of the local unit or supervision of the
police department of a local unit shall be appointed as a special
law enforcement officer.
(8)
No person shall be appointed as a special law enforcement officer
unless and until the Chief of Police shall ascertain the eligibility
and qualifications of the applicant and report these determinations
in writing to the appointing authority.
(9)
Any person who at any time prior to his appointment had served as
a duly qualified, fully trained, full-time officer in any municipality
of this state and who was separated from that prior service in good
standing shall be eligible to serve as a special law enforcement officer
consistent with guidelines promulgated by the Commission.
C.
Permitted class of special law enforcement officers: Special law
enforcement officers within the Borough shall only consist of Class
I Special Law Enforcement Officers as defined by the provisions of
N.J.S.A. 40A:14-146.11. Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
Said special law enforcement officers shall also have the power to
issue summonses for disorderly persons and petty disorderly persons
offenses, violations of municipal ordinances and violations of Title
39 of the Revised Statutes. The use of a firearm by an officer of
this class shall be strictly prohibited and no Class I officer shall
be assigned any duties which may require the carrying or use of a
firearm.
D.
Uniforms: Every special law enforcement officer prior to the commencement
of his duties shall be furnished with a uniform which shall identify
the officer's function. The uniform shall include, but not be limited
to, a hat and appropriate badges which shall bear an identification
number or name tag and the name of the local unit in which the officer
is employed. The uniform shall also include an insignia issued by
the Commission which clearly indicates the officer's status as a special
law enforcement officer and that the officer is a Class I special
law enforcement officer.
E.
Fees: Special law enforcement officers shall be required to reimburse
the Borough for fees incurred for equipment and uniforms. The Borough
will be responsible for the costs of training, however, no special
law enforcement officer shall be compensated for time spent in training.
F.
Term of appointment: Special law enforcement officers shall be appointed
for terms of one year. Nothing herein shall be construed to require
reappointment upon the expiration of the term. The special law enforcement
officers so appointed shall not be members of the police force of
the local unit, and their powers and duties as determined pursuant
to this act shall cease at the expiration of the term for which appointed.
G.
Duties and conduct: A special law enforcement officer shall be under
the supervision and direction of the Chief of Police and shall perform
his duties only in the local unit except as otherwise provided by
law. A special law enforcement officer shall comply with the rules
and regulations applicable to the conduct and decorum of the permanent,
regularly appointed police officers of the Borough, as well as any
rules and regulations applicable to the conduct and decorum of special
law enforcement officers.
H.
Hours of employment: Except in the event of an emergency, no special
law enforcement officer shall be employed for more than 20 hours in
any week.
All officers and patrolmen of the Police Department shall comply
with the rules and regulations adopted for the government of the Department
and with the orders of their superior officers not inconsistent therewith.
All emergency officers and special policemen shall also comply with
the rules and regulations.
[Amended 11-24-1992 by Ord. No. 92-23]
Pursuant to the provisions of N.J.S.A. 40A:14-132, the provisions
of N.J.S.A. 40A:14-132 relating to the hours of employment of uniformed
members of any paid police department are adopted and declared operative
in the Borough.
[Amended 11-24-1992 by Ord. No. 92-23]
A.
No member of the Police Department, except officers or men temporarily
employed in cases of emergencies or as special policemen, shall be
removed from office or employment for political reasons or for any
other cause than incapacity, misconduct or disobedience of rules and
regulations established for the government of the Police Department.
B.
No member of the Police Department shall be suspended, removed, fined or reduced from office or employment except for just cause as set forth in Subsection A of this section, and then only after a written charge or charges of the cause of complaint shall have been preferred against him and the opportunity of fair and impartial trial upon said charge or charges afforded him in accordance with the provisions of the New Jersey statutes.
[Amended 12-27-1971 by Ord. No. 691; 2-27-1975 by Ord. No. 75-4; 12-27-1994 by Ord. No. 94-27]
Pursuant to N.J.S.A. 40A:14-118, the Police Committee is designated
as the appropriate authority. The appropriate authority shall possess
the right to appoint an independent hearing officer to hear disciplinary
charges filed pursuant to N.J.S.A. 40A:14-147. The party filing the
complaint shall designate a hearing date which shall be not less than
10 nor more than 30 days from the date of service of the complaint.
If either party requests an adjournment, the statutory time period
for holding a hearing is hereby waived. The charged party shall notify
the Police Department, in writing, if the charged party requests a
public hearing on the disciplinary matter.
[Amended 12-23-1976 by Ord. No. 76-21; 2-22-1979 by Ord. No. 79-4; 10-13-1987 by Ord. No. 87-34; 3-12-1991 by Ord. No. 91-8]
The following charges for services rendered by the Police Department
of the Borough of Paramus are hereby established, fixed and amended
as follows:
A.
Fingerprint sets.
(1)
Each individual set of fingerprints, consisting of from one to three
cards, taken for the benefit of other than law enforcement or governmental
agencies: $10 per set.
(2)
Provided, however, that in the event that any one order requests
the fingerprinting of more than 10 individual sets at any one sitting:
$0.50 per set in excess of 10.
B.
Letters attesting to length of residence, character, criminal record
checks and the like: $2 per copy.
C.
Each eight-inch-by-ten-inch enlargement of a police photograph: $10.
D.
Identification cards.
(1)
Each passport-size (or smaller) identification card: $1.
(2)
Each wallet-size identification card: $1.
(3)
Each wallet-size identification card, accompanied with photograph
and identified data: $2.
(4)
Each wallet-size identification card, accompanied with photograph
and identifying data, if laminated: $3.
E.
Signs (handicap parking with legend, "Parking without permission
of owner" and other signs such as "no dumping") can be purchased from
the Borough at a cost of $3.25 per square foot of sign.
F.
Photocopying police reports:
[Amended 2-23-1993 by Ord. No. 93-6]
[Added 4-25-2000 by Ord.
No. 00-13; amended 8-6-2014 by Ord. No. 14-22; 11-12-2014 by Ord. No. 14-25; 5-19-2015 by Ord. No. 15-17; 12-20-2022 by Ord. No. 2022-30]
A.
Borough of Paramus police personnel shall be employed by private
employers only in the capacity of a police officer and only during
off-duty hours, at such times as will not interfere with the efficient
performance of regularly scheduled and/or emergency duty for the Borough,
generally within the boundaries of the Borough of Paramus. Such availability
of the Borough police personnel will be subject to Borough needs which
might require the withdrawal of such officers at any time.
B.
Any employer wishing to employ off-duty police must make such a request
to the Police Department and obtain the approval of the Chief of Police
or his designee, which approval shall be granted, if in the opinion
of the Chief or his designee, such employment will 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
officers who are to perform the work.
C.
An agreement shall be signed by the private employer as to such employment
and filed with the Borough of Paramus Police Department and Borough
Clerk.
D.
Charges. The charges to private employers for the extraneous employment
of off-duty members of the Borough of Paramus police personnel shall
be as set forth below for the years indicated:
(1)
The rate of salary for police services for all police officers
shall be 1 1/2 times the regular hourly pay of the current schedule
for a top patrolman (rounded). The only exception to this salary guide
is when multiple officers are required and supervisors are hired and
their sole purpose is supervision. The salary then for rank above
patrolman will be 1 1/2 times the regular hourly pay of the current
salary of the supervisor performing the duty (rounded).
(a)
2023: The sum of $138 shall represent the following: $112 per
hour for police personnel, as well as an administrative/equipment/vehicle
rate of $26 per hour. Said sum shall be paid in accordance with this
section.
(b)
2024: The sum of $142 shall represent the following: $115 per
hour for police personnel, as well as an administrative/equipment/vehicle
rate of $27 per hour. Said sum shall be paid in accordance with this
section.
(c)
2025: The sum of $145 shall represent the following: $117 per
hour for police personnel, as well as an administrative/equipment/vehicle
rate of $28 per hour. Said sum shall be paid in accordance with this
section.
(d)
2026: The sum of $148 shall represent the following: $119 per
hour for police personnel, as well as an administrative/equipment/vehicle
rate of $29 per hour. Said sum shall be paid in accordance with this
section.
(e)
2027: The sum of $152 shall represent the following: $122 per
hour for police personnel, as well as an administrative/equipment/vehicle
rate of $30 per hour. Said sum shall be paid in accordance with this
section.
(2)
The Borough of Paramus municipal service rate shall be the regular
hourly pay of the current schedule for a top patrolman (rounded).
The only exception to this salary guide is when multiple officers
are required and supervisors are hired and their sole purpose is supervision.
The salary then for rank above patrolman will be regular hourly pay
of the current salary of the supervisor performing the duty (rounded).
(a)
2023: The sum of $75 the fee for police personnel and not be
subject to the administrative rate as set forth in this section.
(b)
2024: The sum of $76 the fee for police personnel and not be
subject to the administrative rate as set forth in this section.
(c)
2025: The sum of $78 the fee for police personnel and not be
subject to the administrative rate as set forth in this section.
(d)
2026: The sum of $79 the fee for police personnel and not be
subject to the administrative rate as set forth in this section.
(e)
2027: The sum of $81 the fee for police personnel and not be
subject to the administrative rate as set forth in this section.
(3)
All employers shall provide the Borough with an insurance certificate
naming the Borough as an additional insured in the limits periodically
established by the Borough's Insurance Administrator.
(4)
Prior to the performance of police services by the Paramus law
enforcement officer, the person or entity requesting such services
shall agree, in writing, to defend, indemnify and hold harmless the
Borough of Paramus, its officers, officials, agents and employees
from any and all liability, claims, losses, suits, actions, demands,
damages, costs and attorneys' fees that may arise as a result of activities
or actions of such officers which arise from the police officers'
employment. A certificate of insurance is required to be submitted
to the Borough naming the Borough additionally insured.
(5)
General police services.
(a)
The Borough shall, upon request, provide police services to
any person conducting business within the municipality, the cost to
be borne by the business requesting the police service. The police
officer shall be paid by the Borough and the Borough reimbursed by
the business. The police service shall be limited to service where
the good and welfare and safety of the general public is involved.
The Chief of Police or his designee shall be the sole deciding factor
on whether or not the request for services meets these standards.
(b)
The rate of pay for police services for all police officers
shall be 1 1/2 times the regular hourly pay of the current schedule
for a top patrolman (rounded). The only exception to this salary guide
is when multiple officers are required and supervisors are hired and
their sole purpose is supervision. The salary then for rank above
patrolman will be 1 1/2 times the regular hourly pay of the current
salary of the supervisor performing the duty (rounded).
(c)
The Borough shall have the right to cease services to any business
which fails to reimburse the Borough within 30 days after receipt
of an invoice for service previously rendered.
E.
The Borough Chief of Police shall initiate and forward to the Chief
Financial Officer an identification of the hours worked by and earnings
due to appropriate police personnel using a form established by the
Borough Chief Financial Officer or designee.
F.
An invoice from the Borough of Paramus for any charge for such police
personnel as set forth herein shall be issued by the Borough's Chief
Financial Officer. Such payments due from private employers shall
be paid within 10 calendar days of receipt of the invoice and sent
to:
|
Borough of Paramus
Chief Financial Officer
One Jockish Square West
Paramus, New Jersey 07652
|
G.
Such payment shall be deposited in a trust account entitled "Police,
Extraneous Employment." The Borough shall remit to the member of the
Borough Police Department performing such extraneous off-duty service
the established amount on the next normal biweekly pay cycle following
receipt of such payment. The balance shall be retained by the Borough
for administrative and equipment expenses, where applicable.
[Added 11-9-2004 by Ord.
No. 04-23]
A.
All requests for discovery in matters pending in the Paramus Municipal
Court shall be submitted through the Municipal Prosecutor.
B.
The following fees shall be payable by the requestor to the Borough
of Paramus for the discovery provided:
(1)
Seventy-five cents per page for each of the first 10 pages photocopied.
(2)
Fifty cents per page for each of the next 10 pages photocopied.
(3)
Twenty-five cents per page for each of the pages photocopied
thereafter.
(4)
Actual postage for any discovery sent by mail.
(5)
Twenty-five cents for the envelope for any discovery sent by
mail.
(6)
Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
(7)
Duplication of videotapes constitute an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
(8)
On any item that cannot be photocopied on the Township copy
machine or not otherwise provided for in this schedule, the actual
cost incurred in making the copy shall be charged.
Editor's Note: See Open Public Records Act for fees for copies.
C.
Where the discovery must be obtained from an entity other than the
Borough Of Paramus, e.g., another police department, the actual costs
paid to the other entity shall be paid by the requestor.
