[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn as indicated in article histories. Amendments noted where applicable.]
Fire Department — See Ch. 21.
[Adopted 10-19-1953 by Ord. No. 129A; amended in its entirety 7-1994 by Ord. No. 7-95]
A Police Department is hereby established in the Borough of Brooklawn, to consist of a Chief of Police and such members and officers as shall be deemed necessary by the Borough Council. The Borough Council shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions, together with their compensation.
The Police Department shall preserve the public peace, protect life and property, detect, arrest and prosecute offenders of the laws of the State of New Jersey and the ordinances of the Borough of Brooklawn; direct and control traffic, provide attention and protection during emergencies, provide appearances in court, cooperate with all other law enforcement agencies and provide training for the efficiency of its members and officers.
The Mayor is hereby designated as the appropriate Authority as provided for by New Jersey Statutes and shall be vested with the responsibility for the overall performance and supervision of the Police Department. The Mayor may delegate to the Chairman and supervision of the Police Department. The Mayor may delegate to the Chairman of the Public Safety Committee regulatory authority over the Department, except to the extent that such authority is conferred exclusively upon the Mayor by law.
The Mayor shall adopt and promulgate rules and regulations for the government of the Department and for the discipline of its members.
The Chief of Police, shall be the head of the Police Department and shall be directly responsible to the Mayor, or his designee, for its efficiency and day-to-day operations. Pursuant to policies established by the Mayor, the Chief of Police or, in his absence, the highest ranking officer shall:
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the department and its members and officers;
Have, exercise and discharge the functions, powers and duties of the Police Department;
Prescribe the duties and assignments of all members and officers;
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control; and
Report at least monthly to the Mayor in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be ordered by the Mayor.
All members of the Police Department shall be appointed and promoted by nomination of the Mayor with the advice and consent of Council. Nomination for promotion shall take into consideration the recommendation of the Public Safety Committee and the record and seniority of the individual in question.
[Amended 2-25-2010 by Ord. No. 1-10; 5-18-2015 by Ord. No. 6-15]
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Borough Council may also require that an applicant successfully complete a physical and psychological examination.
Borough Council may appoint, from time to time, special law enforcement officers in accordance with New Jersey Statutes, for terms not exceeding one year. They shall possess and exercise all of the powers and duties provided for by those statutes during their terms in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure.
The Chief of Police may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and the power to arrest.
No member of the Department shall be suspended, removed, fined or reduced in rank or compensation except for just cause which shall include but not be limited to incapacity, misconduct, disobedience or other cause as provided for in the New Jersey Statutes, the Borough ordinances or the police Department Rules and Regulations.
[Adopted 9-4-2001 by Ord. No. 10-01]
The local school board, any private entity or individual may hire police officers for extra-duty assignments. Applications describing the specific nature of the services being requested shall be submitted to the Chief of Police who shall determine the propriety of such request. Extra-duty assignments that are approved shall be made available to members of the Police Department who may wish to engage in such activities.
The local school board, any private entity or individual requesting services pursuant to this article shall be responsible for the cost of such services as set forth in this section. The person or entity requesting such services shall make application to the Chief of Police stating, among other things, the anticipated time in which such services will be required. The Chief of Police will thereafter inform the Borough Treasurer as to the appropriate amount to be placed in escrow by the person or entity requesting such services. The person or entity requesting such services, within three days of the proposed commencement of such services, shall tender this escrow amount to the Borough Clerk. No police services shall commence without the posting of the escrow as herein required. The recipient of services will receive a statement of charges within 10 days of the cessation of such services. Any amounts in excess of the posted escrow shall be due and payable to the Borough upon receipt of this statement.
Hourly rates for extra-duty assignments shall be established annually by resolution of the Borough Council. The rate charged shall be no more than the maximum hourly rate and no less than die minimum hourly rate received by patrol officers in accordance with the Annual Salary Ordinance and such sum as may be required by the Borough to cover the administrative cost of providing such services.
When the services of a superior officer are specifically requested or required, the rate charged shall be no more than the maximum hourly rate and no less than the minimum hourly rate received by superior officers of such requested or required rank in accordance with the Annual Salary Ordinance and such sum as may be required by the Borough to cover the administrative costs of providing such services.
The minimum charge for any extra-duty assignment shall be four hours.
[Amended 12-21-2009 by Ord. No. 15-09]
Administrative costs shall be waived for any extra-duty assignment performed for the Brooklawn Board of Education.
The Borough Treasurer shall pay to any police officer performing extra-duty assignments such amount earned, less administrative costs and regular payroll deductions. Payment to officers shall be made during the next regular pay period following the performance of any extra-duty assignment.
The performance of any extra-duty assignment is contingent upon the Borough’s ability to provide the necessary manpower through the employment of off-duty police personnel. In the event that the Police Department fails to perform or complete any extra-duty assignment, the Borough’s liability shall be limited to refunding any fee or portion thereof received as payment for such services.