[Amended by Ord. No. 3-85; Ord. No. 9-87; Ord. No. 1-96; Ord. No 4-98; 9-10-2012 by Ord. No. 14-12; [1]2-8-2021 by Ord. No. 1-21; 5-23-2022 by Ord. No. 4-22]
[1]
Editor's Note: This ordinance also redesignated former §§ 26-11 through 26-22 as §§ 26-14 through 26-25, respectively.
There is hereby created in and for the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, a Police Department.
A. 
The Mountain Lakes Police Department shall consist of no more than a Chief of Police, and one Lieutenant, five Sergeants, and a maximum of 20 police officers, to be appointed to these positions by the Chief of Police with the approval of the appropriate authority and with the budgetary approval of the governing body, as public may require.
B. 
In addition, the Police Department may employ clerical personnel and other employees to assist its officers in preserving peace and good order in the Borough.
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Mountain Lakes; direct and control traffic; provide attendance and protection during emergencies; make appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members.
Pursuant to N.J.S.A. 40A:14-118, the Borough Manager is hereby designated as the appropriate authority. The Borough Manager, as the personnel officer of the Borough, shall have full charge of all matters pertaining to personnel administration, including serving as hearing officer and/or appointing an independent hearing officer to hear disciplinary charges filed pursuant to N.J.S.A. 40A:14-147.
The Borough Manager shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations. All employees of the Police Department shall be subject to such rules and regulations and penalties.
The Chief of Police shall be appointed by the Borough Manager and confirmed by the Council and, prior to his/her appointment, shall be qualified through training and experience in police administration. The Chief of Police shall be the head of the Department of Police and shall be directly responsible to the Borough Manager for the Department's efficiency and day-to-day operations. The Chief of Police shall:
A. 
Develop, administer and recommend to the Borough Manager and enforce rules and regulations for the governance of the Department of Police and issue directives for the disposition and discipline of the Department personnel.
B. 
Exercise and discharge the powers and duties of the Department.
C. 
Prescribe the duties and assignments of all subordinates and other personnel.
D. 
Delegate such authority as may be necessary for the efficient operation of the Department, the exercise of which will be under his direction and supervision.
E. 
Report at least monthly to the Borough Manager regarding the operation of the Department during the preceding month and make such other reports as may be requested by the Borough Manager.
The Borough Manager may appoint, from time to time, special law enforcement officers in accordance with New Jersey statues for terms not exceeding one year. Such appointees shall possess and exercise all the powers and duties provided by said statutes during their term in office but shall not be continued as regular members of the Department of Police. The Chief of Police may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as regular officers of the Department of Police, including the carrying of firearms and the power of arrest, except as specifically set forth in N.J.S.A. 40A:14-146.14 and 40A:14-146.15. Special law enforcement officers shall not be utilized to supplant regular police officers on Borough-assigned extra-duty assignments. Special law enforcement officers are subject to the Borough of Mountain Lakes Police Department's Written Directive System, where applicable.
A. 
No permanent member or officer of the Department of Police shall be removed from his office, employment or position for any cause other than incapacity, misconduct or disobedience of the rules and regulations established for the governance of the Department of Police, nor shall such member or officer be suspended, reduced in rank, removed or fired from or in office, employment or position except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed with the Chief of Police, or with the Borough Manager in the event that the charge is against the Chief of Police, wherein the complaint is made and a copy shall be served upon the member or officer so charged, with notice of a designated hearing date thereon, which shall not be less than 10 nor more than 30 days from the date of the 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 Chief of Police, or his designee, in writing, if the charged party requests a public hearing on the disciplinary matter.
B. 
In all disciplinary matters, the Borough Manager shall serve as hearing officer and shall have the power and authority to dispose of the charges against the accused. In accordance with N.J.S.A. 40A:14-118, the Borough Manager is designated as the appropriate authority and shall possess the right to appoint an independent hearing officer to hear disciplinary charges filed pursuant to N.J.S.A. 40A:14-147.
C. 
Hearing procedures.
(1) 
The Borough Manager, as hearing officer, shall have the power to subpoena witnesses and may have the benefit of the advice of the Borough Attorney at the hearing. The Borough Manager may appoint special counsel to prosecute charges and present evidence on behalf of the Borough. All parties shall attend a hearing unless excused by the Borough Manager. Every party to a hearing shall be entitled to present his case and be represented by legal counsel; request a subpoena of witnesses to testify or produce pertinent documentary evidence; cross-examine witnesses or participants at a hearing and any other persons who may have investigated any matter involved in the hearing; and impeach any witness and present any affidavit, exhibits or other evidence at said hearing, but which shall not be binding.
(2) 
The New Jersey Rules of Evidence shall apply as a general guideline for the orderly presentation of evidence at said hearing but shall not be binding.
(3) 
The hearing officer shall render a written decision as soon as possible after the conclusion of the hearing and without undue delay shall provide for a true copy of the decision to be served upon each party to the hearing.
Pursuant to N.J.S.A. 40A:9-154.1 et seq., the Chief of Police may, from time to time, appoint as school crossing guards such persons as he shall deem to be qualified for such position. The powers and duties of school crossing guards shall be limited to the protection of children while on public thoroughfares in the Borough of Mountain Lakes in connection with the attendance of such children at the several schools in said Borough and to the direction and regulation of pedestrian and vehicular traffic at the various street intersections and crossings where they may be stationed. While on active duty, school crossing guards shall be under the jurisdiction of and subject to the order of the officers of the Mountain Lakes Police Department.
A. 
Appointment. No person shall be appointed to the Department of Police who is not qualified as provided by the laws of the State of New Jersey. Applicants seeking employment to the Department of Police shall either possess a bachelor's degree from an accredited college or university in a police science or law enforcement curriculum or must be awarded said degree prior to completion of their probationary employment period with the Department of Police. The Borough Manager may approve the hiring of an individual who has a bachelor's degree in another curriculum, provided that is has a direct benefit to the Borough and Department of Police, or extend the deadline for being awarded said degree beyond completion of the probationary employment period. Applicants seeking appointment to the Department of Police shall successfully complete both a physical and psychological examination which shall be conducted in accordance with all applicable laws and administrative regulations of the State of New Jersey.
B. 
Promotion.
(1) 
All officers must meet the following requirements to be eligible for promotion within the Mountain Lakes Police Department:
(a) 
Requirements for promotion to Sergeant:
[1] 
Three years' experience as a police officer.
[2] 
Successful completion of a first-line supervisor training program within a year following promotion.
[3] 
A bachelor's degree in a college curriculum approved by the Borough Manager.
(b) 
Requirement for promotion to Lieutenant:
[1] 
One year's experience as a Police Sergeant or, when no Sergeant is eligible, five years' experience as a police officer.
[2] 
Successful completion of a recognized supervisory/management program.
[3] 
A bachelor's degree in a college curriculum approved by the Borough Manager.
(c) 
Requirement for promotion to Chief of Police.
[1] 
Two years' experience as a Police Lieutenant; or, when no Lieutenant is eligible, five years' experience as a Police Sergeant; or when no Lieutenant or Sergeant is eligible, 10 years' experience as a police officer.
[2] 
Successful completion of a recognized supervisory/management program.
[3] 
A bachelor's degree in a college curriculum approved by the Borough Manager.
C. 
Credit for military service.
(1) 
The Borough will accept those credits given by a college or university towards a degree requirement for military service time.
(2) 
The Borough will accept only those credits earned through an accredited college or university in satisfaction of the aforementioned appointment and promotional requirement. "Accredited," as used herein, shall mean those colleges and universities that have received an accredited designation from a regional accreditation association (e.g., Middle States Commission on Higher Education).
D. 
The aforementioned appointment and promotion requirements shall supersede any previous requirements established and utilized by the Borough.
E. 
The Borough Manager shall be responsible for establishing criteria and requirements for promotions within the Department of Police, including, but not limited to, oral and written examinations, psychological examinations, evaluation criteria, testing procedures and curriculum schedules.
A. 
Members of the Department of Police and special police officers shall be permitted to accept extra-duty assignments as safety or security personnel for private entities and school districts under the following terms and conditions:
(1) 
Such extra duty shall be at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough and shall in no event be performed during a regular-duty shift.
(2) 
Private entities and school districts shall pay to the Borough such hourly sum as may be fixed, from time to time, by Borough Council resolution as compensation for such service. The Borough shall remit to the police officer performing the duty such portion of the hourly rate as is not required for administrative expense, all as fixed by resolution of the Borough Council.
(3) 
Before accepting any such extra-duty assignment, a member of the Department of Police or special police officer shall obtain the approval of the Chief of Police, which shall be granted if, in the opinion of the Chief, the assignment would not be inconsistent with the efficient functioning and good reputation of the Department.
B. 
The Chief of Police and the Borough Treasurer shall establish and implement such administrative procedures as are necessary and desirable in dealing with private entities and school districts, as hereinabove set forth.