[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 11-16-1964 by Ord. No. 452 as Ch. 18 of the 1964 Code. Amendments noted where applicable.]
Code of Ethics — See Ch. 20.
A Police Department is hereby established in and for the borough, under the name of "Police Department of the Borough of Caldwell."
The Police Department of the borough shall consist of a Chief of Police and such captains, lieutenants, sergeants, patrolmen and other employees as shall, from time to time, be deemed necessary by the Mayor and the Borough Council to properly preserve peace and good order within the borough.
The compensation of the members of the Police Department shall be fixed annually by the Borough Council.
[Amended 7-13-1999 by Ord. No. 1073-99]
The hours of employment for members of the Police Department shall be as established by Collective Bargaining Agreement.
The Borough Council shall establish by resolution and may, from time to time, amend and repeal by resolution such rules and regulations as it may deem necessary for the government and efficient working of the entire Police Department. Such rules and regulations and the amendment or repeal of such rules or regulations, when adopted by resolution of the Borough Council, shall be posted by the Chairman of the Police Committee within five days after the adoption thereof in quarters in the municipal building assigned to the Police Department, and a copy thereof delivered to each and every member of the Department within five days after the adoption of such rules or regulations or any amendment or repeal thereof.
Three members of the Borough Council appointed by the Mayor and Councilmen shall constitute a Police Committee for the administration of the Police Department. The first member named shall be the Chairman.
The Police Committee may issue orders or instructions to the Chief of Police and through the Chief of Police to all members of the Police Force in the name of the Committee, and all such orders or instructions shall be recognized, carried out and obeyed by the Chief of Police and the other members of the police force. Such orders or instructions as are issued by the Police Committee shall not conflict with the rules and regulations as adopted by resolution of the Borough Council, and should there be any conflict between the orders and instructions issued by the Police Committee with the rules and regulations established by the Mayor and Borough Council, the latter shall apply.
The Police Committee shall designate a physician, who shall examine all candidates for appointment to or promotion within the Police Department. The Police Committee shall furnish to the Borough Council a written certificate of such physician as to the mental and physical fitness of all such candidates. The cost of such examinations shall be borne by the candidates.
The Police Committee shall submit to the Borough Council its recommendations for appointments to or promotions within the Police Department. Appointments or promotions shall be made by the Mayor and Councilmen subject to the confirmation by the majority of the members of the Borough Council present and voting at any meeting and further subject to the provisions of §§ 41-5, 41-8, 41-10 and 41-14.
Each full-time member of the police force of the borough, as presently constituted, shall be a member of the Police Department. Each member of the Police Department hereafter appointed to a full-time position in the Department shall have the qualifications set forth in N.J.S.A. 40A:14-122, as may be hereafter amended or supplemented.
[Amended 7-13-1999 by Ord. No. 1073-99]
No person shall be appointed who has been convicted of any crime involving moral turpitude which, in the judgment of the Borough Council, would be prejudicial to the morals of the force. In addition to the requirements set forth in this section, each applicant shall meet all the minimum requirements specified from time to time by the laws of the state.
Editor's Note: Former Sec. 18-10.1, Appointment despite failure to meet residence requirements, and Sec. 18-10.2, Requirement for appointment of nonresident, which immediately followed this section, were repealed 7-13-1999 by Ord. No. 1073-99.
No person shall be appointed pursuant to such ordinance waiving residence requirements unless he has been a resident of the state for at least one year and lives in such proximity to the borough as will satisfy the appointing authority that he will be able to fully perform his duties as a member of its Police Department.
Each person appointed to the Department shall be known as a "probationary patrolman" and shall serve as a probationary patrolman for a period of 12 months from the date of his appointment.
[Amended 7-13-1999 by Ord. No. 1073-99]
At the termination of such probationary period and provided that the candidate satisfactorily meets all requirements, the appointment as patrolman shall become final upon recommendation of the Police Committee and with approval by the majority of the members of the Borough Council present and voting.
Should the candidate not meet the requirements for a satisfactory patrolman, at the end of the probationary period his services will be terminated on the recommendation of the Police Committee and with the approval of the Borough Council.
Every member of the Police Department, before entering upon the performance of his duties, shall take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state, under the authority of the people, to support the Constitution of the United States and the Constitution of the state and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Borough Clerk, and shall take and subscribe to any oath or affirmation required by the laws of the state.
The Chief of the Police Department shall be the executive head of the Department and shall be responsible to the Police Committee and, through them, to the Borough Council for the conduct, efficiency and management of the Department. In the absence or the disability of the Chief of Police, his duties shall be performed by the next officer in command in order of rank.
The Chief of Police, with the assistance of other members of the Department as shall be detailed for that purpose, shall keep a complete record as prescribed in the rules and regulations hereafter adopted by the Borough Council.
The Chief of Police shall report, in writing, to the Chairman of the Police Committee, for presentation to the Borough Council at its first regular meeting in each month, on all matters of importance pertaining to the Department, and make such recommendations as in his opinion will increase the efficiency of the Department.
The members of the Police Department shall endeavor to secure proper enforcement of this Code and other ordinances of the borough and the laws of the state and of the United States.
No person shall be removed from office or employment in the Police Department for political reasons or for other cause other than incapacity, gross misconduct, nonresidence or violation of the terms of this chapter or of the rules and regulations of the Police Department.
Any member or employee of the Police Department who violates the terms of this chapter or the rules and regulations promulgated under § 41-5, against whom charges are preferred, shall be given a hearing before the Borough Council on such charges. Charges shall be in writing and signed by the person making the same. Such charges shall be filed with the Police Committee, which shall thereupon as speedily as possible investigate the charges and, after such investigation, shall report to the Borough Council, in writing, making such recommendations as to them shall seem right and just in view of all circumstances.
The Borough Council shall thereupon determine whether to:
Drop such charges and exonerate the member or employee; or
Cause a notice, in writing, to be served upon the member or employee of the Police Department against whom the charges are preferred to appear before the Borough Council at a time and place to be specified therein, to answer the charges.
After hearing the member or employee of the Police Department, who may be represented by counsel in his own defense, or without hearing, in case he fails to appear, the Borough Council may, by resolution, reprimand, suspend, reduce in rank, fine or dismiss the member or employee of the Police Department from the service of the borough or exonerate him from such charges.
There is hereby established within the Police Department of the borough a division to be known as the "Detective Bureau," including a Bureau of Identification and Records, which shall be under the supervision of the Chief of Police, with police officers with the title of "Detective" as may from time to time be assigned to detective duty by the Chief of Police, but nothing herein contained shall prevent any officer assigned to such Bureau to be reassigned to other police duty in the discretion of the Chief of Police. The Chief of Police or Acting Chief shall have command and control of all officers assigned to the Detective Bureau.
The members of the Detective Bureau shall perform the following functions and duties:
Investigate all crime committed within the borough.
Investigate all reports of crime alleged to have been committed within the borough.
Cooperate with all other law enforcement agencies in the investigation and detection of crime.
Investigate reports of and seek to locate missing persons.
Take and keep fingerprints and keep photographs of persons who are arrested and charged with crime, where such photographs and fingerprints are required to be taken.
Serve all summonses and warrants.
Comply with and carry out such other orders and duties as may from time to time be assigned to it by the Chief of Police.
Members of the Police Department assigned to detective duty shall keep accurate and complete records of each day's work and shall submit promptly all reports or records in any and every case assigned them, when so required by the superior officer or Chief of Police.
No official records or photographs shall be removed or destroyed except upon the written order of the Chief of Police, and such order shall be made only on an application of the subject where permitted by law and a thorough investigation of such application by a member of the Detective Bureau, with the sanction of the Chief of Police, and the result of such investigation shall remain part of the subject record.
All photographs and fingerprints of arrested persons required by law shall be privately kept in the place provided therefor, for the official use of the Police Department, in aid of the prevention and detection of crime. The officer in charge shall be personally responsible for their safekeeping.
No member of the Police Department shall be permitted to search any of the files of the Detective Bureau, except the officers attached to such Bureau. Information or data on file in the Detective Bureau shall be obtained only through the Chief of Police or the superior officer assigned thereto.
The base salary of each police officer for purpose of calculating his longevity pay shall be fixed and determined by ordinance adopted by the Borough Council; such base salary is to be effective January 1, 1966, and January 1 of each year hereafter.
The service status of each police officer with respect to his longevity pay shall be determined by his anniversary date of appointment as an employee of the borough.
Each police officer who, on the determining date, shall have had more than five years but less than 10 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 2% of his base salary as of the determining date.
Each police officer who, on the determining date, shall have had more than 10 years but less than 15 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 4% of his base salary as of the determining date.
Each police officer who, on the determining date, shall have had more than 15 years but less than 20 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 6% of his base salary as of the determining date.
Each police officer who, on the determining date, shall have had more than 20 years but less than 25 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 8% of his salary as of the determining date.
Each police officer who, on the determining date, shall have had more than 25 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 10% of his salary as of the determining date.
In the event of a change of a base salary during the calendar year, as may be fixed and determined by the Borough Council, the new base salary shall be used for purposes of calculating the longevity pay from the effective date of the base salary change.
Such salaries shall be paid in equal biweekly installments to such police officers of the borough as of January 1, 1966, and shall be retroactive and take effect as of January 1, 1966, or the effective date of eligibility under the longevity pay program.
In the event that any of such police officers shall die, resign or be dismissed during (the) (any) current year, the person selected to fill such position or office shall receive such salary for the balance of the year as may be legally determined by the Borough Council.
[Amended 7-13-1999 by Ord. No. 1073-99]
Fees for services shall be as set forth in Chapter A270, Fees.
The viewing or reviewing of reports or of photographs of accident scenes shall be permitted and conducted at the police headquarters daily, Monday through Friday, from 9:00 a.m. to 4:00 p.m.
No search fee shall be charged in the event that a report or a photograph is not on file with the Police Department nor for any report for which a formal request is made by any branch of the borough government or county, state or federal law enforcement agency or by other federal authorities.
The Police Department shall issue a receipt for all fees and moneys received for the services extended or materials furnished, as hereinabove provided.
The Chief of Police shall be responsible for all fees collected, and he shall pay over all fees to the Chief Financial Officer of the borough on the first day of each month following the receipt of the same.
[Added 6-14-2011 by Ord. No. 1235-11]
Police officers may work for outside private contractors (either a person or an entity) on their off-duty hours with the approval of, and provided that, the Chief of Police determines, in the Chief's discretion, that there are sufficient police personnel available for such work, that the outside employment assignment will not interfere with the needs of the Borough, and that sufficient funds have been deposited in an escrow account with the Borough Chief Financial Officer to cover the anticipated costs of such off-duty work.
The Borough, by this section, hereby establishes an escrow account dedicated to the payment of off-duty police officers for outside employment by private contractors.
Any contractor desiring to retain the services of police officers of the Borough of Caldwell for off-duty-police-related activities shall be required to enter into a contract with the Borough of Caldwell. Said contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Borough of Caldwell and fees for the use of Borough-owned equipment. The Borough Administrator hereby is empowered to execute a contract for off-duty-police-related activities on behalf of the Borough in accordance with this section.
The Chief of Police or his designee shall be responsible for the assignment of all off-duty-police-related activities. The Chief of Police may utilize a third-party entity, in the Chief's discretion, to assign and manage all or part of the off-duty work.
[Amended 4-3-2018 by Ord. No. 1346-18]
Application to hire officers; fees.
Prior to execution of any such contract between a contractor and the Borough, all prospective contractors must make application to hire off-duty police officers through the Borough Administrator. The written application for hire shall include the following information:
The dates that off-duty police services and police vehicle(s) will be needed.
The time of day that the off-duty police services will be required.
An estimate of the number of hours the contractor anticipates using the off-duty police officer(s) and, if appropriate, the number of police vehicles required for the officer or officers while performing such work.
The contractor, with submission of the application, shall submit a check in an amount not less than the full anticipated amount of money needed to cover the cost of off-duty police services and the cost of the Borough's administrative fees, each as set forth in § A270-1 of the Borough's general ordinances.
If, at any time during the course of the contractor's work, the sum in the escrow account is less than the amount of funds that are anticipated to be needed to pay for the cost of such off-duty services and for the cost of the associated administrative fees, the Borough Administrator, or his designee, shall immediately notify the contractor that the funds in the escrow account are insufficient to pay for continued off-duty police services. The contractor shall then either replenish the escrow account with a check sufficient to pay for continued services, or the Borough Administrator immediately shall terminate provision of the off-duty police services to the contractor.
All sums remaining in the escrow account after completion of the contractor's services shall, upon proper notice to the Borough Chief Financial Officer by the Borough Administrator, be refunded to the contractor.
Rates for off-duty police services are as set forth in § A270-1 of the Borough's general ordinances.
Each person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his/her or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Borough of Caldwell as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Borough Administrator prior to the assignment of any off-duty police officers to said contractor.
The Chief of Police or his designee shall have the authority to order any police officer engaged in off-duty assignments within the Borough of Caldwell to respond to an emergency within the Borough. The Chief of Police or his designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or citizens of the Borough.
In the event that a police officer is assigned to an emergency while working an off-duty assignment, the Chief of Police shall note said emergency and the time that the officer was removed from the off-duty assignment. The contractor shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of Caldwell for the time that the officer and/or equipment attended to the emergency.
Any contractor utilizing the services of off-duty police officers shall indemnify and hold harmless the Borough of Caldwell for any and all claims and damages which may arise from the off-duty police officer's employment by said person or entity.
In order to be eligible for off-duty employment, a police officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be able to engage in off-duty employment.
[Added 3-4-2014 by Ord. No. 1284-14]
In cooperation with the New Jersey State Police Office of Emergency Management, and pursuant to this chapter, the Borough of Caldwell in the County of Essex has established an auxiliary police unit. The Caldwell Auxiliary Police Unit will be as prescribed by the Annotated Statutes of New Jersey, Appendix A, Chapter 9 (National Defense Title), and other related orders and directives of the State Director of Emergency Management, or the Governor of New Jersey, and the State Civil Defense Act (Chapter 251, P.L. 1942, as amended). As prescribed by these statutes, auxiliary police shall be used, under direct supervision of the Chief of Police, only during a properly declared state of local emergency or disaster, and during periods of bona fide training in preparation for such occurrences, as approved by the Mayor in cooperation with the Municipal Emergency Management Coordinator.
[Added 3-4-2014 by Ord. No. 1284-14]
The Council, as it deems necessary from time to time, may appoint auxiliary police officers sufficient to perform the duties and responsibilities for such officers prescribed by the Annotated Statutes of New Jersey, Appendix A, Chapter 9 (National Defense Title), and other related orders and directives of the State Director of Emergency Management, or the Governor of New Jersey, and the State Civil Defense Act (Chapter 251, P.L. 1942, as amended.).
[Added 6-5-2018 by Ord. No. 1352-18]
The Chief of Police shall implement and maintain a Random Drug Testing Policy in accordance with Attorney General Law Enforcement Directive No. 2018-2, and any successor directive, and in accordance with legislation and administrative rule, now in effect or effective after the effective date of this § 41-44 requiring the Police Department to conduct random drug testing on members of the Police Department.
Every member of the Police Department is subject to the terms of Attorney General Law Enforcement Directive No. 2018-2, and any successor directive, and subject to legislation and administrative rule, now in effect or effective after the effective date of this § 41-44, requiring the Police Department to conduct random drug testing on members of the Police Department.