[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque as Art. I, adopted 6-23-1976 by Ord. No.
2-0-76, and Art. II, adopted 12-17-1991 by Ord. No. 24-0-91; amended
in its entirety 7-14-2003 by Ord. No. 12-0-03. Amendments noted where
applicable.]
The Police Department of the Borough of Wanaque
is hereby continued and revised as is hereinafter set forth in accordance
with N.J.S.A. 40A:14-118 et seq. and N.J.S.A. 11:1-1 et seq. and the
New Jersey Administrative Code, Title 4, Civil Service Rules. There
is also established, created and adopted hereby a Police Manual, which
will be on file in the office of the Borough Clerk.
[Amended 10-1-2007 by Ord. No. 19-0-07]
A.
The Mayor and Council of the Borough of Wanaque is
hereby appointed and designated as the appointing authority in accordance
with New Jersey Department of Personnel rules and procedures.
B.
The Borough Administrator is hereby appointed and
designated as appropriate authority, pursuant to and in accordance
with N.J.S.A. 40A:14-118, to discharge such powers and duties as therein
authorized.
[Amended 10-1-2007 by Ord. No. 19-0-07; 12-9-2013 by Ord. No. 13-0-13]
The Police Department shall be organized in
the following manner:
A.
Police Committee. The Police Committee and its Chairman
are vested with administrative oversight of the Police Department
which is not in conflict with the duties of the appropriate authority.
B.
The Department shall consist of one Chief of Police, two Captains,
five Sergeants, 15 police officers, and special police officers as
the Borough of Wanaque may consider necessary for the welfare and
protection of the persons and property in the Borough of Wanaque.
A.
The Chief of Police shall be the highest superior
officer of the Police Department and directly responsible to the Police
Committee. He shall administer the Department consistent with state
law, this chapter and the Police Manual of the Borough of Wanaque.
The Police Chief shall organize the Department so that it consists
of two primary Sections: Patrol and Investigative.
B.
The Chief of Police shall organize the Department
consistent with the chain of command and operational frame work as
set forth in this chapter and the Police Manual of the Borough of
Wanaque.
C.
The Chief of Police is required to immediately implement
and carry out the following objectives:
(1)
Organization, reorganization or revision of the Department
to accomplish its objectives.
(2)
Development of long- and short-range plans for effective
police operations.
(3)
Formulating, periodically reviewing and evaluating
policies and procedures.
(4)
Coordinating the activities of Department units.
(5)
Coordinating the affairs of the Department with those
of other law enforcement agencies.
(6)
Providing advice and counsel to the Police Committee
on matters pertaining to the Department.
D.
The Chief, as the highest superior officer of the
Department, shall, without fail, strictly adhere to all requirements
of this chapter and the Police Manual of the Borough of Wanaque so
as to demonstrate the level of leadership as is envisioned by this
chapter and the Police Manual. In conjunction therewith and as is
required in the Police Manual, the Chief shall make monthly reports
to the Police Committee through the chairman of the Police Committee,
of all transactions of the Department, all steps taken to implement
this chapter and the Police Manual and the objectives as set forth
above and hold staff meetings in accordance with the provisions of
the Police Manual.
[1]
Editor's Note: Former § 33-5, Deputy
Chief, was repealed 10-1-2007 by Ord. No. 19-0-07.
[Amended 10-1-2007 by Ord. No. 19-0-07]
Captains shall report directly to the Chief
of Police and shall perform the duties and responsibilities as assigned
by the Chief of Police.
[Amended 10-1-2007 by Ord. No. 19-0-07]
A Lieutenant will work in conjunction with the
Chief and Captains of the Borough of Wanaque Police Department.
[Amended 10-1-2007 by Ord. No. 19-0-07]
The Sergeants shall work directly with the Captains
and in conjunction with the Chief, Captains and Lieutenant of the
Borough of Wanaque Police Department.
Police officers will be responsible to carry
out all of those duties as included in this chapter and the Police
Manual or under authority of the same.
The members of the Police Department shall be
appointed and designated by the Mayor and Council of the Borough of
Wanaque and shall receive such salaries as may from time to time be
provided by ordinance.
No person shall be appointed as a member of
the Police Department of the Borough of Wanaque, unless he or she:
A.
Is a citizen of the United States. An appointee must
have maintained continuous residency from the closing date of the
examination up to and including the date of appointment (N.J.A.C.
4A:4-2.11). Every member of the Police Department or force shall maintain
a residency in the State of New Jersey while serving in such position
(N.J.S.A. 40A:14-122.8).
B.
Is 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 as to his eligibility for membership in the retirement
system.
C.
Is able to read, write and speak the English language
well and intelligently.
D.
Is of good moral character and has not been convicted
of any criminal offense involving moral turpitude.
E.
Shall meet such other qualifications as may be required
by New Jersey Statutes, rules and regulations.
A.
The Chief of Police shall submit, through the Chairman
of the Police Committee, his written recommendations for appointments
to the Police Department. His recommendations shall specify the reasons
therefor and contain a certification that the applicant has satisfied
the requirements as set forth in this chapter. Certification of compliance
with this chapter shall mean and include all standards and qualifications
of appointment in effect at the time of both the recommendation and
ultimate formal appointment.
B.
It shall be the responsibility of the Chief of Police
to designate a member or members of the Police Department to process
all applications received by the Department and conduct a thorough
investigation to determine those applicants who possess all the qualifications
necessary for appointment and to eliminate from further consideration
those who do not possess all of the qualifications necessary for appointment.
C.
Upon completion of the aforesaid investigation, the
Chief of Police shall cause to have examined all applicants who are
found to possess all of the necessary qualifications for appointment,
all in accordance with the statutes of the State of New Jersey and
regulations of the Civil Service Commission. Appointments may then
be made in accordance with said statutes and civil service regulations.
A.
All members of the Wanaque Police Department shall
serve a probationary period of 12 months pursuant to N.J.A.C. 4A:4-5.2(d)
prior to permanent appointment as a police officer, in order to determine
whether they can satisfactorily perform the duties of police officer.
B.
It shall be the responsibility of the Chief of Police
to submit to the Police Committee a separate written report on each
probationary police officer, such report to contain a recommendation
from the Chief of Police regarding the retention of the candidate's
service at the conclusion of the probationary period, setting forth
therein his observations and findings leading to such recommendation.
C.
Upon receipt of the aforesaid written report submitted
by the Chief of Police, it shall be the responsibility of the Chairman
of the Police Committee to forward such report to the Borough Council
after first affixing in his endorsement thereon and his own observations
and findings during the probationary period of the subject candidate
and containing therein a statement as to whether or not he concurs
with the original recommendation.
D.
Upon successful completion of the probationary period,
the date of appointment from the eligible list shall be recorded as
the date of regular appointment.
[Amended 10-1-2007 by Ord. No. 19-0-07]
The detailed rules and instructions for the
members of the Wanaque Police Department are those contained in the
Manual of the Police Department of the Borough of Wanaque, Passaic
County, New Jersey as established by the Borough Council of the Borough
of Wanaque and approved by the appropriate authority, which are adopted
and approved. The rules and regulations contained therein may be changed,
eliminated or added to, with the approval of the appropriate authority
in accordance with N.J.S.A. 40A:14-118, from time to time, as needed.
A.
All promotions shall be in accordance with New Jersey
Department of Personnel rules and regulations.
B.
No person shall be eligible for promotion to a superior
position unless he shall have first served in the grade of police
officer in the Department.
C.
No member of the Wanaque Police Department shall be
promoted to or hold a superior rank in such Department until he has
served at least three years as police officer in such Department.
D.
For the purpose of this section, the term "superior
rank" shall be considered as equivalent to "superior officer."
A.
The Council of the Borough of Wanaque may grant a
leave of absence, with pay, to any member of the Wanaque Police Department
who shall become injured, ill or disabled from any cause so as to
be physically unfit for duty during the period of such disability
and physical unfitness for duty, where such injury, illness or disability
shall be evidenced by the certificate of physician designated by the
governing body to examine him.
B.
No such leave of absence with pay shall exceed one
year, commencing from the date of such injury, illness or disability.
A.
When any member of the Wanaque Police Department who
enters the military service of the United States or of this state,
in time of war or emergency, or for any period of training, or pursuant
to any selective service system shall be granted a leave of absence
without pay for the period of such service and three months after
discharge from such service. If any such person is incapacitated by
wound or illness at the time of his discharge from such service, such
leave of absence shall be extended until three months from recovery
but in no event more than two years from the date of discharge from
such service.
B.
In no case shall such person be discharged or separated
from his office, position or employment during such period of leave
of absence because of his entry into such service. Pursuant to N.J.A.C.
4A:6-1.11(a), during such leave of absence, the person shall continue
to accrue seniority and salary increments, if applicable.
C.
If any person shall be appointed a member of the Police
Department of the Borough of Wanaque to fill any vacancy, the Council
thereof shall certify how such vacancy occurs or exists, and the name
of the person, if any, who held such office or position immediately
prior to the vacancy.
D.
No person who, after entry into such service, shall
have been separated from such service by a discharge of lesser degree
than honorable discharge shall be entitled to any of the rights, privileges
or benefits herein conferred.
Any person who has been or who shall be appointed
as a member of the Police Department of the Borough of Wanaque while
serving in the armed services of the United States, and who has been,
or shall be, delayed in qualifying and becoming a member of such Police
Department as a result of such service and who shall qualify and become
a member of such Police Department within six months after an honorable
discharge or release under conditions other than dishonorable from
such service shall be considered, for the purpose of determining his
years of service, rank, grade, increase in pay or any other rights
or benefits, as having qualified and to have become a member of said
Department as of the date of his appointment.
Major disciplinary action including removal,
disciplinary demotion, and suspension or fine for more than five working
days shall be in accordance with New Jersey Department of Personnel
regulations.
The Council of the Borough of Wanaque may decrease
the number of members of, or employees in, the Police Department,
or of any grade or rank thereof, in the Borough, for economy, efficiency
or other related reasons, in accordance with civil service law.
A.
Any request for police attendance at a private gathering
from which the general public is excluded, whether by ticket or invitation,
shall be made to the Chief of Police.
B.
The Chief of Police, at his discretion, may assign
members of the Police Department not on regular duty, and who may
volunteer for such service, to perform police duty at private affairs.
While on said special duty, the members of the Department so assigned
shall be under the supervision and control of the Chief of Police
and shall be subject to the provisions of this chapter.
It shall be the duty of the members of the Wanaque
Police Department to serve and execute all process issuing out of
the Municipal Court of the Borough of Wanaque. Such members shall
have all the powers of constables elected in the municipality, except
the service of civil process out of courts other than the Municipal
Court of the Borough of Wanaque.
Each fill-time member of the Police Department
of the Borough of Wanaque, after completing four or more years of
continuous service in the Police Department as a member of said Department,
shall be entitled to receive, in addition to the base compensation
for the position occupied, such compensation as may be calculated,
based upon the longevity of service performed by said member. The
additional longevity payments shall be determined and calculated as
follows:
A.
After four years of continuous service, an additional
sum equal to 2% of the annual compensation indicated for the grade
and rank of each member, which said sum shall be paid annually at
the same time as the base compensation is paid.
B.
After eight years of continuous service, an additional
sum equal to 4% of the annual compensation indicated for the grade
and rank of each member, which said sum shall be paid annually at
the same time as the base compensation is paid.
C.
After 12 years of continuous service, an additional
sum equal to 6% of the annual compensation indicated for the grade
and rank of each member, which said sum shall be paid annually at
the same time as the base compensation is paid.
D.
After 16 years of continuous service, an additional
sum equal to 8% of the annual compensation indicated for the grade
and rank of each member, which said sum shall be paid annually at
the same time as the base compensation is paid.
E.
After 20 years of continuous service, an additional
sum equal to 10% of the annual compensation indicated for the grade
and rank of each member, which said sum shall be paid annually at
the same time as the base compensation is paid.
[1]
Editor's Note: Former § 33-24, Amendments
to Police Manual, was repealed 10-1-2007 by Ord. No. 19-0-07.
A.
The Council may from time to time, by resolution,
authorize the Department to procure one or more canines to assist
with appropriate police functions. Any such canine shall be properly
trained and tested and approved by the Chief of Police and the Police
Committee before being actively used by the canine handler of the
Department pursuant hereto.
B.
Guidelines for canine use are to be set down by the
canine handler and approved by the Chief of Police and the Police
Committee.
A.
The Council of the Borough of Wanaque may appoint
special law enforcement officers, whose terms shall expire at the
end of the calendar year during which they are appointed, and may
revoke such appointment for cause after adequate hearing, unless the
appointment is four months or less, in which event the appointment
may be revoked without cause or hearing. Nothing herein shall be construed
to require reappointment upon expiration of the term. The special
law enforcement officers shall not be members of the Police Department,
and their powers, rights and duties shall immediately cease at the
expiration of the term for which they were appointed or upon revocation
of their appointment. They shall be furnished with a badge upon the
deposit of a sum to be fixed by resolution of the Council of the Borough
of Wanaque, which sum may be refunded upon the return of the badge.
B.
Whenever the Council of the Borough of Wanaque shall
employ persons to perform police duty temporarily in case of emergency
or for parts of years where their services are not needed throughout
the entire year, their services may be terminated at the expiration
of the need for such temporary employment.
C.
No person shall be appointed as a special law enforcement
officer unless the person:
(1)
Is a resident of this state during the term of appointment;
(2)
Is able to read, write and speak the English language
well and intelligently and has a high school diploma or its equivalent;
(3)
Is sound in body and of good health;
(4)
Is of good moral character;
(5)
Has not been convicted of any offense involving dishonesty
or which would make him unfit to perform the duties of his office;
and
(6)
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the municipality
or, with regard to a special law enforcement officer hired for a seasonal
period by a resort municipality which requires psychological testing
of its full-time police officers, has successfully undergone a program
of psychological testing approved by the commission.
D.
No such special law enforcement officer shall carry
a revolver or other similar weapon when off duty.
E.
Every such special law enforcement officer shall have
his fingerprints taken, and they shall be filed with the Division
of State Police and the Federal Bureau of Investigation.
F.
Every such special law enforcement officer shall be
under the supervision and direction of the Chief of Police of the
Borough of Wanaque and shall perform his duties only in the Borough
of Wanaque unless in fresh pursuit of any person pursuant to the Uniform
Act on Intrastate Fresh Pursuit. Said law enforcement officer shall
be required to comply with the ordinances, rules and regulations of
the Borough of Wanaque governing conduct and decorum of the regular
law enforcement officers of the Borough.
G.
The Chief of Police shall be required to provide the
Mayor and Council of the Borough of Wanaque with written reports of
the activities of the special law enforcement officers upon request
for the same.
H.
Applicants for the position of special law enforcement
officer shall apply to the Chief. Each applicant shall be subject
to a full investigation, the report of which shall be given to the
Police Committee and Mayor and Council.
I.
No person may commence his duties as a special law
enforcement officer unless he has successfully completed a training
course approved by the commission and no special law enforcement officer
may be issued a firearm unless he has successfully completed the basic
firearms course approved by the commission for permanent, regularly
appointed police and annual requalification examinations.
J.
There shall be two classifications for special law
enforcement officers. Class One officers shall be authorized to perform
routine traffic detail, spectator control and similar duties. 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. Class Two officers shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer.
Pursuant to the provisions of § 33-13 hereof, the Council may, from time to time, appoint as school guards such persons as it shall deem to be qualified for such position in accordance with N.J.S.A. 40A:9-154.1 and 154.2. The powers and duties of school guards shall be limited to the protection of children while on public thoroughfares in the Borough of Wanaque in connection with their attendance at the several schools in the Borough, and to the direction and regulation of pedestrian and vehicular traffic at the various street intersections and crossings where they may be stationed.
A.
Pursuant to N.J.S.A. 40A:14-156.1, there is hereby
established a mutual aid agreement with each and every municipality
within the County of Passaic and the contiguous counties of Bergen
and Morris, as each such municipality adopts a reciprocal ordinance
to this section, so as to provide mutual aid in the case of emergency.
This agreement shall apply whenever the Borough of Wanaque may have
an emergency, etc.
B.
The Chief and/or his designee is authorized to request
assistance from the Chief or head of the Police Department of another
municipality which has enacted a reciprocal ordinance to this section
to provide aid during and after said emergency.
C.
The Chief and/or his designee shall provide assistance
to any municipality which has enacted a reciprocal ordinance making
a valid request to supply such personnel and equipment as is required
to the extent possible without endangering persons or property within
the Borough of Wanaque. The members of the Police Department supplying
aid shall have the same powers, authorities and rights and immunities
as members of the force of the municipality to which assistance is
rendered.
D.
The Borough of Wanaque shall, upon providing assistance
to another municipality which has enacted a reciprocal ordinance to
this section, assume the costs and expense of providing its personnel
and equipment to the requesting municipality, except in such instances
when the municipality receives state or federal aid by way of reimbursement.
In such circumstances, the costs incurred by the Borough of Wanaque
shall be submitted to the municipality requesting assistance, and
the requesting municipality shall reimburse the Borough of Wanaque
to the extent of the reimbursement received.
E.
The other municipalities which have enacted a reciprocal
ordinance to this section to provide its assistance to the Borough
of Wanaque shall assume the costs and expense of providing its personnel
and equipment to the Borough of Wanaque, except in such instances
when the Borough of Wanaque receives state or federal aid by way of
reimbursement. In such circumstances, the costs incurred by the municipality
providing assistance shall be submitted to the Borough of Wanaque,
and the Borough of Wanaque shall reimburse the municipality providing
assistance to the extent of the reimbursement received.
F.
Members of the police force of the Borough of Wanaque
suffering injury, or their legal representatives if death results
while rendering assistance in another municipality, shall be entitled
to all such benefits they would have received or realized if the injury
or death had occurred in the performance of normal duties within the
Borough of Wanaque.
G.
The enactment of this section shall not in any way
limit any other provisions of law providing for or authorizing mutual
aid by fire, police or first aid forces, whether volunteer or paid,
either within the Borough of Wanaque or outside the Borough of Wanaque.
