[HISTORY: Adopted by the Mayor and Council
of the Borough of Brooklawn as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
B.
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.
A.
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.
B.
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:
A.
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;
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department;
C.
Prescribe the duties and assignments of all members
and officers;
D.
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
E.
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.
A.
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]
B.
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.
A.
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.
B.
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.
[Amended 2-19-2019 by Ord. No. 1-2019; 12-21-2009 by Ord. No. 15-09; 3-19-2018 by Ord. No. 2-2018]
A.
Hourly
rates for extra-duty assignments shall be established annually by
resolution of Borough Council. The hourly rate to be charged for extra-duty
assignments shall include a fee of $10 per hour for the use of a police
vehicle, and $5 per hour to cover the administrative cost of providing
such services.
B.
The
minimum charge for any extra-duty assignment shall be four hours.
C.
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.
