[Added 12-20-2015 by Ord.
No. 2085-16[2]]
There shall be a Department of Police, also known as the "Police
Department." Within the Department of Police, there shall be a police
force, the head of which may be the Police Chief. The Chief of Police,
if named, shall have the powers and duties as provided by law in N.J.S.A.
40A:14-118. In the absence of a Chief of Police, the functions of
the Chief shall be carried out by the next-highest-ranking member
of the police force, who shall be designated as "Officer in Charge."
A Police Director may also be appointed. The Chief of Police may serve
as Director, with or without additional compensation.
The police force, as heretofore authorized, organized and administered
pursuant to ordinance not inconsistent with the Charter, Code and
N.J.S.A. 40A:14-118 et seq., is continued. Whenever any appointed
office is intentionally left vacant it will be deemed not to exist,
and it will be passed in the chain of command.
A.
The Police Director, under the authority of the Mayor, shall be the
appropriate authority for the purpose of being responsible for:
(1)
Conducting investigations into the operations of the police force.
(2)
Conducting hearings and investigations of the police force or its
personnel.
(3)
Examination of the operations of the police force.
(4)
Receiving daily reports or other periodic reports from the Police
Chief including but not limited to:
(5)
Establishing a table of organization.
B.
The Police Director shall be authorized to act to protect the health,
safety and welfare of the municipality in an emergency situation through
special emergency directives.
The Chief of Police, if filled, shall be responsible to the
Police Director for the efficiency of the Police Department. The Chief
of Police shall be further responsible for the day-to-day operations
of the Police Department, which shall include:
A.
Preserving
the public peace, protecting life and property, preventing crime,
detecting and arresting offenders against the penal laws and ordinances
effective within the City, suppressing riots, mobs and insurrections,
dispersing unlawful or dangerous assemblages and preserving order
at all elections and public meetings and assemblages.
B.
Administering
and enforcing 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 and to make
and enforce rules and regulations not inconsistent with the ordinances
of the City of such purposes.
C.
Removing
or causing to be removed all nuisances in the public streets, parks
and other public places of the City, inspecting and observing all
places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and reporting thereon
to the appropriate department.
D.
Responding
to all fire alarms and assisting the Fire Department in the protection
of life and property, in regulating traffic, maintaining order and
in enforcing observance of the Fire Prevention Code.
E.
Providing
for the attendance of its members in court as necessary for the prosecution
and trial of persons charged with crimes and offenses and cooperating
fully with the law enforcement and prosecuting authorities of federal,
state and county governments.
F.
Providing,
by rules and regulations, for the custody, safekeeping and accounting
of all property alleged to be found, abandoned, stolen or embezzled,
all property taken from the person or any prisoner and all property
alleged to have been acquired or possessed unlawfully which shall
come into the possession of any member of the Department. Such property
shall be subject to disposition as provided by law (N.J.S.A. 40A:14-157).
G.
Providing
daily reports or other periodic reports to the Police Director, including
but not limited to:
H.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
A.
Except as otherwise provided by law, no person shall be appointed
as a member of the Police Department unless such person shall:
(1)
Be a citizen of the United States and a resident of the State of
New Jersey.
(2)
Be sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
that such person is eligible to membership in the retirement system.
(3)
Be able to read, write and speak the English language well and intelligently.
(4)
Be of good moral character and not have been convicted of any crime
involving moral turpitude.
(5)
In accordance with N.J.S.A. 52:17B-68, serve a probationary period
pending his successful completion of the course at the New Jersey
State Municipal Police School.
B.
All applicants for the position of patrolman shall make written application
therefor to the Chief of Police and at the same time submit such proof
as shall be requested with respect to the above qualifications.
C.
Special police officers.
[Added 11-20-2018 by Ord.
No. 2182-18]
(1)
Appointment.
(a)
The Mayor may appoint special police officers for a term not
exceeding one year and revoke such appointments without cause or hearing.
Such special police officers shall carry out their duties and responsibilities
under the direct supervision of the Chief of Police, and their powers,
rights and duties shall be specifically defined by the Chief of Police.
These powers, rights and duties, however, shall immediately cease
at the expiration of the term for which they were appointed, or upon
revocation of their appointment. The special police officers shall
not carry a revolver or other weapon at any time except as otherwise
directed by the Chief of Police. The special police officers shall
comply with the rules and regulations applicable to the conduct and
decorum of the permanent, regularly appointed police officers of the
City of Passaic, as well as any rules and regulations applicable to
the conduct and decorum of special law police officers.
(b)
Notwithstanding any provision of P.L. 1985, c. 439 (N.J.S.A.
40A:14-146.8 et seq.) to the contrary, special law enforcement officers
may be employed only to assist the local law enforcement unit but
may not be employed to replace or substitute for full-time, regular
police officers or in any way diminish the number of full-time officers
employed by the local unit. A Class Three special law enforcement
officer may be employed only to assist the local law enforcement unit
with security duties 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).
(2)
Qualifications. No person shall be appointed as a special police
officer unless he or she is a citizen of the United States; is able
to read, write, and speak the English language; is physically qualified
and of good moral character; and has not been convicted of any crime
involving moral turpitude. Every such special police officer shall
be fingerprinted, and his or her fingerprints shall be filed with
the Division of the State Police and Federal Bureau of Investigation.
Reports shall be made by the Chief of Police to the City Council concerning
the eligibility and qualifications of any person proposed to be appointed
a special police officer.
(3)
Classification of officers.
(a)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall 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 One officer shall be assigned any duties which may require
the carrying or use of a firearm.
(b)
Class Two. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed, full-time police officer. The use of a firearm by an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
Police Training Commission.
(c)
Class Three. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed, full-time police officer. The use of a firearm by Class
Three officers may be permitted under the conditions set forth in
N.J.S.A. 40A:14-146.8 et seq. The use of a firearm by an officer of
this class shall be authorized pursuant to 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 handgun. Any person who, at any time prior to his appointment,
had served as a duly qualified, fully trained, full-time officer in
any municipality or county 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. The training requirements set forth in Section
4 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.11) may be waived with
regard to any person eligible to be appointed as a special law enforcement
officer pursuant to the provisions of this section.
Full-time police officers may not pursue other employment outside
of the duty hours, except as prescribed by the Police Director with
the written approval of the Mayor.
The Police Director shall promulgate and from time to time revise
and enforce a manual of police discipline, practices and procedures
for the better administration of the work of the Department and for
the discipline and efficiency of the police force.
There is hereby created in the Department of Police an Office
of Emergency Management Services, the head of which shall be selected
among the residents of the municipality and known as the Municipal
Emergency Management Coordinator. The Municipal Emergency Management
Coordinator shall be appointed by the Mayor for the term of three
years. The head of the Office of Emergency Management Coordinator
Services shall serve with or without additional compensation.
A.
Duties of Municipal Emergency Management Coordinator.
(1)
The Municipal Emergency Management Coordinator, subject to the administrative
supervision of the Police Director and the Mayor, shall be responsible
for the planning, activating, coordinating and the conduct of the
emergency management operations within the City of Passaic. The Municipal
Emergency Management Coordinator shall supervise the day-to-day operations
of the office and shall coordinate with all City departments, agencies
and bureaus regarding their emergency management responsibilities.
The Municipal Emergency Management Coordinator, with the approval
of the Police Director and Mayor, shall appoint two Deputy Municipal
Emergency Management Coordinators, who, wherever possible, shall be
appointed from among the salaried officers or employees of the City
of Passaic.
(2)
The Municipal Emergency Management Coordinator shall insure that
the Municipal Office of Emergency Management is available on a twenty-four-hour
basis.
(3)
The Municipal Emergency Management Coordinator shall insure that
the City of Passaic meets all requirements for the Federal Emergency
Management Agency's Emergency Management Assistance Program; maintaining
a currently approved Municipal Emergency Operations Plan and providing
the New Jersey Office of Emergency Management with quarterly status
reports, when applicable. The Municipal Emergency Management Coordinator
shall maintain a continuing knowledge of all municipal, county, state
and federal laws concerning emergency management.
(4)
The Municipal Emergency Management Coordinator shall prepare and
submit the annual municipal emergency management budget and shall
be responsible for securing county, state and federal technical and
financial assistance available through the County Office of Emergency
Management.
(5)
The Municipal Emergency Management Coordinator shall personally attend
at least 75% of the scheduled County Office of Emergency Management
meetings and may delegate attendance at all other county emergency
management meetings to the Deputy Municipal Emergency Management Coordinator.
(6)
Whenever, in the opinion of the Emergency Management Coordinator,
a disaster has occurred or is imminent in any municipality, the Municipal
Emergency Management Coordinator shall proclaim a state of local disaster
emergency within the City of Passaic. The Municipal Emergency Management
Coordinator, in accordance with regulations promulgated by the State
Director of Emergency Management, shall be empowered to issue and
enforce such orders as may be necessary to implement and carry out
emergency management operations and to protect the health, safety,
and resources of the residents of the City of Passaic. The County
Emergency Management Coordinator shall be immediately advised of the
proclamation of a state of local disaster emergency by the Municipal
Emergency Management Coordinator and the action taken. Whenever the
disaster is confined to the City of Passaic, the Municipal Emergency
Management Coordinator shall have complete authority to issue and
enforce such orders as may be necessary to implement and carry out
emergency management operations. Any requests for assistance outside
the City of Passaic shall be directed to the County Emergency Management
Coordinator, and all assistance sent to the aid of the municipality
struck by disaster shall come under the authority of the Municipal
Emergency Management Coordinator.
(7)
The Municipal Emergency Management Coordinator shall comply with
all directives issued by the county, state or federal Office of Emergency
Management.
(8)
The Municipal Emergency Management Coordinator shall recruit, organize,
coordinate and train a staff to administer emergency management functions
as set forth in Directive 102 issued by the Department of Law and
Public Safety, Division of State Police, Emergency Management Section.
B.
Qualifications. The Municipal Emergency Management Coordinator shall
have the following qualifications:
(1)
The Municipal Emergency Management Coordinator shall possess two
years' experience in the planning, development and administration
of emergency response activities such as those provided by police,
fire, rescue, medical or emergency management units either in the
public or private sector or in the military service.
(2)
The Municipal Emergency Management Coordinator shall be a resident
of the City of Passaic.
(3)
The Municipal Emergency Management Coordinator shall be of good reputation
and sound moral character.
(4)
Within one year of appointment, the Municipal Emergency Management
Coordinator shall complete all basic training courses as set forth
in Directive 102 issued by the Department of Law and Public Safety,
Division of State Police, Emergency Management Section, and shall
thereafter complete 24 classroom hours of emergency management continuing
education per year. All such courses shall be approved by the County
Emergency Management Coordinator.
