[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.]
GENERAL REFERENCES
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."
[Amended 12-28-2021 by Ord. No. 1424-21; 11-21-2023 by Ord. No. 1450-23]
The Police Department of the Borough shall consist
of a Chief of Police, no more than one captain, no more than two lieutenants,
no more than six sergeants, and no more than 12 patrol officers, to
carry out the functions of the Police Department for the protection
and promotion of the general health, safety and welfare of the residents
of the Borough of Caldwell. Any position that is authorized herein
shall be filled at the discretion of the Mayor and Council.
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.
A.
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]
B.
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.[1]
[1]
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.
A.
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]
B.
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.
C.
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.
A.
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.
B.
The Borough Council shall thereupon determine whether
to:
(1)
Drop such charges and exonerate the member or employee;
or
(2)
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.
C.
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:
A.
Investigate all crime committed within the borough.
B.
Investigate all reports of crime alleged to have been
committed within the borough.
C.
Cooperate with all other law enforcement agencies
in the investigation and detection of crime.
D.
Investigate reports of and seek to locate missing
persons.
E.
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.
F.
Serve all summonses and warrants.
G.
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]
A.
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.
B.
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.
C.
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.
D.
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]
E.
Application to hire officers; fees.
(1)
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:
(a)
The dates that off-duty police services and police vehicle(s)
will be needed.
(b)
The time of day that the off-duty police services will be required.
(c)
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.
(2)
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.
F.
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.
G.
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.
H.
Rates for off-duty police services are as set forth in § A270-1 of the Borough's general ordinances.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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[1]). 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.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
[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.[1]).
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
[Added 6-5-2018 by Ord.
No. 1352-18]
A.
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.
B.
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.
[Added 9-28-2021 by Ord. No. 1415-21]
A.
Appointment; qualifications. The Borough Council of the Borough of
Caldwell may appoint one or more Chaplains to the Police Department.
Any person appointed shall be a clergyman/clergywoman in good standing
in the religious body in which he/she was ordained. Said Chaplain
shall become a member of the Borough Police Department.
B.
Authority.
(1)
The office of Chaplain is to be of service to the Chief of Police,
any sworn or non-sworn member of the Police Department, their families,
and the residents of the Borough of Caldwell.
(2)
The Chaplain is a staff assistant to the Chief and may be consulted
for any purpose by the Chief or supervisory people. It is understood
that all communications with the Chaplain whether of a personal or
professional nature by members of the Police Department will be held
in confidence.
(3)
The Chaplain shall be a sworn officer of the Police Department of
the Borough of Caldwell but is foremost a duly ordained minister and
an experienced representative of his or her denomination. It shall
be the responsibility of the Police Department to provide the Chaplain
with necessary insurance, uniforms and equipment.
(4)
The Chaplain is considered a staff assistant to the Chief of Police
and is authorized to act in his name where the presence of police
officers requires the assistance of the Chaplain. When on duty, the
Chaplain shall be properly distinguished by his insignia and identification
and shall conduct himself in a manner becoming his role and denomination.
C.
Duties and responsibilities. The Chaplain is requested to perform
the following duties, and such other duties that may be requested
by the Chief of Police:
(1)
Assist Police Department officials in making notifications to families
receiving serious injury or upon death.
(2)
When an officer is seriously injured or killed on duty, respond to
the hospital on request and work with the hospital staff and hospital
chaplain according to common ethical courtesies.
(3)
Visit sick or injured police personnel at home or in the hospital.
(4)
Attend and participate in funerals of active as well as retired members
of the Police Department.
(5)
Counsel officers regarding personal problems and station house adjustments.
(6)
Coordinate and conduct memorial services.
(7)
Participate in in-service training programs.
(8)
Attend departmental graduations, promotions, award ceremonies and
other invocations and benedictions.
(9)
Assist in programs and counseling for youthful offenders.
(10)
Assist in improving public relations and community outreach.
(11)
Notify, as soon as possible, an involved person's clergyman
in case of a death or serious accident.
(12)
Make proper referrals in unique cases which need specialized
attention.
D.
Regulations and procedure. The Chaplain should have a working knowledge
of the duties of law enforcement officers and shall keep abreast of
new procedures and be willing to attend training sessions and programs.
In addition, the Chaplain shall comply with the following procedures:
(1)
The Chaplain shall conform to all police procedures and department
regulations insofar as applicable.
(2)
The Chaplain shall not publicly comment on any law enforcement officer,
department official or department policy or action.
(3)
The Chaplain shall not release any information to the public without
the approval of the Chief of Police and the person or officers involved.
