Borough of Haledon, NJ Police Department

The following Table of Organization is established for the Police Department and the positions are hereby created:

Chief: one.

Captain: one.

Lieutenants: one.

Detectives: two.

Sergeants: five.

Corporals: five.

Police officers: six.

(h)

Special police officers: 22.

The designation of positions in the Table of Organization is not intended to require the appointment of persons to fill all of the created positions.

The governing body may, from time to time, appoint persons to acting positions for any position other than patrol officers created under the terms of this chapter, pending an official appointment by the governing body to appoint the person to the particular position.

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The appropriate authority may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.

§ 48-2 Purpose.

[Amended 11-10-2011 by Ord. No. 10-20-2011A]

The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Haledon; direct and control traffic; provide attendance 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. (N.J.S.A. 40A:14-152)

§ 48-3 Oath of office.

[Added 2-20-2002 by Ord. No. 1-16-02D, amended 10-20-2004 by Ord. No. 9-15-2004; 8-9-2005 by Ord. No. 6-29-2005; 2-16-2006 by Ord. No. 1-18-2006A; 6-19-2008 by Ord. No. 5-29-2008A; 11-10-2011 by Ord. No. 10-20-2011A]

Every person appointed to the Police Department, before entering upon the performance of his duty, 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 of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his respective office, which oath or affirmation shall be filed with the Municipal Clerk.

§ 48-4 Appropriate authority.

[Amended 11-10-2011 by Ord. No. 10-20-2011A]

The Borough of Haledon Public Safety Committee shall be designated as the appropriate authority as provided in the New Jersey Statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members. (N.J.S.A. 40A:14-118)

§ 48-5 Chief of Police.

[Amended 11-10-2011 by Ord. No. 10-20-2011A]

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for its efficiency and day-to-day operations. Pursuant to policies established by the appropriate authority, the Chief of Police 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 appropriate authority 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 requested by the appropriate authority. (N.J.S.A. 40A:14-118).

§ 48-6 Appointment of special policemen and crossing guards.

The Mayor, with advice and consent of the governing body of the Borough of Haledon, may appoint special police officers, crossing guards and parking violations officers whose terms shall expire at the end of the calendar year in which they are appointed and may revoke such appointments without cause or hearing. They 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.

[Amended 9-14-1994 by Ord. No. 8-10-94A]

When so required, special policemen shall perform general police duty on an hourly, daily or other basis while regular members of the public force are on vacation or are absent from duty by reason of illness or some other cause or whenever, in the judgment of the governing body or Department Head, the services of such persons shall be required.

Each such special policeman may be furnished with a badge. A fee, to be fixed by resolution of the governing body of the Borough of Haledon, may be charged for issuance to any such policeman of a certificate of appointment.

When so required, a parking violations officer shall perform his/her duty on an hourly, daily or other basis under the supervision of the Chief of Police and such other persons as may be designated for the period of time said services shall be required.

[Added 9-14-1994 by Ord. No. 8-10-94A]

Whenever the governing body of the Borough of Haledon 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.

No person shall be appointed as such a special policeman unless he is a citizen of the United States, able to read, write and speak the English language, physically qualified and of good moral character and shall not have been convicted of any crime. No such special policeman shall carry a revolver or other weapon when off-duty. Every such special policeman shall be fingerprinted and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation. No individual may become a special policeman until he has qualified in the use of the official Police Department weapons and until he has met whatever qualifications may from time to time be established by the governing body.

Every such special policeman shall be under the supervision and direction of the Department Head.

Before any such appointment is made as a special police officer, crossing guard or parking violations officer, the Department Head/Chief of Police shall ascertain whether the applicant for the appointment is eligible and qualified as provided herein and a report shall be made to the governing body of the Borough of Haledon.

[Amended 9-14-1994 by Ord. No. 8-10-94A]

§ 48-7 Special police not to acquire tenure.

No person who shall serve as special policeman, temporary policeman or school guard or who shall perform any duties of a police nature prior to appointment as a regular member of the Haledon Police Department shall be entitled to credit for any such period of duties or services rendered either with or without pay relative to any tenure or promotion requirements in the Police Department.

§ 48-8 Full-time members: qualifications and training.

Each full-time member of the police force of the Borough of Haledon as presently constituted shall be a member of the Police Department.

Except as otherwise provided by law, no person shall be appointed as a member of the Police Department force unless he or she is:

More than or over 21 years of age at the time of his or her appointment.

[Amended 7-11-1990 by Ord. No. 6-13-90]

A citizen of the United States.

A resident of the State of New Jersey.

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 or her eligibility for membership in the retirement system.

(5)

Able to read, write and speak the English language well and intelligently.

(6)

Of good moral character and has not been convicted of any criminal offense involving moral turpitude.

Except as otherwise provided herein, each candidate for appointment to the Police Department shall be and is required:

To submit a physician's certificate certifying that such applicant is physically fit to perform his or her appropriate duties as a police officer.

To submit to such written examination as may be prescribed by the Police Committee, which written examination shall be prepared and conducted at such times and places and by such persons as the Police Committee may, from time to time, designate for that purpose.

A candidate may be appointed to the Police Department without the necessity of submitting to any written examination if such candidate is presently serving as a full-time police officer with any other municipal, county or state police department or law enforcement agency.

A candidate may be appointed to the Police Department without the necessity of submitting to any written examination where such candidate has served as a special police officer for the Borough of Haledon for a minimum of two continuous years immediately prior to his or her appointment to the regular police force or Department.

All appointments to and promotions within said Department shall be made only with special reference to the fitness of the person for the position to which he or she seeks to be appointed or promoted.

No member of the Police Department shall be eligible for promotion until he shall have served three years as a regular police officer.

The aforesaid written examination shall, where more than one candidate applies for appointment at the same time, be competitive as between said applicants, and appointments shall be made from among those who successfully passed said written examination. Where appointments to the Police Department are made based on a competitive written examination, selection shall be made from the three highest scoring candidates willing to accept appointment for each vacancy to be filled or for each police officer to be hired.

Each applicant for appointment as aforesaid shall be required to present to the examining authorities satisfactory proof of his or her age, and if at the time of his or her appointment he or she has passed his 35th birthday, he or she shall be ineligible for appointment to the said Police Department. Naturalized citizens of the United States of America who make application for appointment shall submit with their application legal documentary evidence of their citizenship.

Each candidate to be selected as aforesaid shall be designated a probationer and shall be required to serve for a probationary period of six months next succeeding his designation. His probationary period of six months may be extended by the Mayor and Council, upon recommendation of the Chief of Police that such action is for the good of the service, for an additional six months. Upon the expiration of said probationary period, said probationer may be appointed to the position of patrolman. During the time of such probationary service, the probationer shall be under the direct supervision of the Chief of Police. Said probationer will comply strictly with all of the terms and conditions of the rules and regulations of the Department, and all probationers shall attend any available certified police academy, as designated by the Chief of Police of the Borough of Haledon or the Mayor and Council of the Borough of Haledon, for their police training. During said probationary term, prior to receiving training at a police academy so designated, no probationer shall be issued nor shall carry any firearms.

[Amended 5-13-1987 by Ord. No. 4-8-87]

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 State of New Jersey 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.

§ 48-9 Value of time served during probationary period.

Upon permanent appointment to the Department, all time served by any member during a probationary period shall be considered as service with the Department and shall be applied toward any required tenure and promotion period.

§ 48-10 Departmental manual.

The detailed rules and instructions for the members of the Haledon Police Department are those contained in the Manual of the Police Department of the Borough of Haledon, Passaic County, New Jersey, as established by the governing body of the Borough of Haledon, which manual is hereby adopted and approved. The rules and regulations contained therein may be changed, eliminated or added to with the approval of the governing body, from time to time, as necessity requires.

Copies of the rules and regulations contained in said manual and all proposed amendments thereof and supplements thereto hereafter proposed to be made shall be filed in the office of the Borough Clerk and at police headquarters at least 15 days prior to any intended adoption in order that all members of the Police Department may be fully informed of the same.

§ 48-11 Duration of employment.

The members of the Police Department of the Borough of Haledon shall severally hold their respective offices and continue in their respective employment during good behavior and efficiency.

§ 48-12 Police Surgeon.

The Mayor shall nominate and, with the advice and consent of the Council, appoint a Police Surgeon, who shall be a licensed physician of the State of New Jersey, whose duty it shall be to examine any member of the Police Department at the request of the Department Head and to examine any report to the Department Head on all cases of sickness or disability of any member of the Police Department when such member claims exemption from duty. No member of the Police Department shall be relieved from the performance of duty because of sickness or disability except upon the certification of the Police Surgeon to the effect that such member is physically unable to perform his duties. It shall also be the duty of the Police Surgeon to examine candidates for appointment to the Police Department as to their physical fitness to perform the duties of a police officer, and the Police Surgeon shall also perform such other duties as may be assigned to him from time to time by the Mayor and Council. No certification of the Police Surgeon with respect to physical ability of a member of the Department to perform his duties shall be required unless specifically requested either by the Police Chief or the Police Commissioner.

§ 48-13 Military service leave.

When any member of the Haledon Police Department has entered or hereafter shall enter the active military or naval service of the United States or of this state in time of war or an emergency or for or during any period of training or pursuant to or in connection with the operation of any system of selective service, or has entered or hereafter in time of war shall enter the active service of the United States Merchant Marine or any similar organization authorized by the United States to serve with the Army or Navy, he shall be granted leave of absence for the period of such service and for a further period of three months after receiving his discharge from such service. If any such person shall be incapacitated by wound or sickness at the time of his discharge from such service, his leave of absence shall be extended until three months after his recovery from such wound or sickness or until the expiration of two years from the date of his discharge from such service, whichever shall first occur.

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. During the period of such leave of absence, such person shall be entitled to all rights, privileges and benefits that he would have had or acquired if he had actually served in such office, position or employment during such period of said leave of absence, except the right to compensation. Such person shall be entitled to resume the office, position or employment held by him at the time of his entrance into such service, provided he shall apply therefor before the expiration of his said leave of absence. Upon resumption of his office, position or employment, the services in such office, position or employment of the person temporarily filling the same shall immediately cease.

If any person shall be appointed temporarily a member of the Police Department of the Borough of Haledon to fill any vacancy, the governing body 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.

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.

§ 48-14 Suspension or removal from office; complaints; appeals.

Causes for disciplinary action; complaints.

[Amended 6-13-1984 by Ord. No. 5-9-84F; 5-9-1990 by Ord. No. 4-11-90D]

Except as otherwise provided by law, no permanent member or officer of the Police Department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of rules and regulations established for the government of the Police Department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed in the office of the body, officer or officers having charge of the Department or force wherein the complaint is made and a copy shall be served upon the member or officer so charged with notice of a designated hearing thereon by the proper authorities, which shall be not less than 10 nor more than 30 days from the date of service of the complaint.

A complaint charging a violation of the internal rules and regulations established for the conduct of a law enforcement unit shall be filed no later than the 45th day after the date upon which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the internal rules or regulations of the law enforcement unit is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day after the disposition of the criminal investigation. The forty-five-day requirement of this subsection for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.

A failure to comply with said provisions as to the service of the complaint and the time in which a complaint is to be filed shall require a dismissal of the complaint.

Suspension pending trial. If any officer of or employee in the Police Department of the Borough of Haledon shall be suspended pending trial on charges, such trial shall be commenced within 30 days after service of the copy thereof upon him; otherwise, the charges shall be dismissed and the officer or employee returned to duty.

Appeals. Any member of the Police Department of the Borough of Haledon who has been convicted of any violation of any of the rules or regulations of such Department by the governing body of the Borough of Haledon may appeal such conviction in the manner provided by law.

§ 48-15 Decrease in personnel for economy purposes.

When the governing body of the Borough of Haledon shall, for reasons of economy, find it necessary to decrease the number of members of or employees in the Police Department of any grade or rank thereof in such Borough, it shall proceed in the following manner:

If the governing body shall determine to decrease the number in any of the higher ranks or grades of the Police Department, it shall demote such member or employee or members or employees of such higher rank or ranks to the next rank below. It shall not remove any such member or employee from such Department for reasons of economy except as hereinafter provided, and in any such demotion from the higher rank or grade, the member or employee to be demoted shall be the last one so appointed to such higher rank or grade. All dismissals or removals from the Department for reasons of economy shall be made from the last person or persons appointed to the Department, regardless of the rank of such person at the time of decreasing the number of employees.

If any officer, employee or member of said Police Department shall be demoted to a lower rank or grade for reasons of economy, such member or employee shall be carried on a special list, and when promotions are made to such higher rank or grade, the person demoted on the ground of economy shall be the first to be restored to the rank from which he was demoted.

If any member of or employee in the Police Department of the Borough of Haledon has been, since January 1, 1981, demoted or removed on the ground of economy and for no other reason, in the case of new appointments to said Department, the person so demoted or removed on the ground of economy shall be the first to be reinstated to such Department and to the rank from which he was removed, if such rank is retained in said Department, and in the order of his seniority of service when of equal rank.

§ 48-16 Merit awards.

Whenever an award shall be made to a member of the Haledon Police Department by a duly constituted governmental or voluntary agency for heroic or meritorious service, a record shall be made and kept of such award by the Department Head or other person in command of the Department of which the recipient of the award may be a member, and such record shall constitute a part of the service record of such recipient. Whenever the wearing of a bar or similar indication of the making and receipt of an award of the nature herein described is authorized by the awarding authority, such bar may be worn by the recipient of the award upon his official uniform, upon the left breast thereof, above the wearer's official police badge.

No person other than the recipient of an award as described in the preceding subsection hereof shall wear any symbol or indication of the receipt of such award nor copy or imitate such symbol or indication; provided, however, that nothing in this subsection contained shall be deemed to apply to recipients of posthumous awards of the character referred to in the preceding subsection.

§ 48-17 Outside employment.

A member of the Police Department shall not engage in any business or occupation outside of his normal police duties and responsibilities unless he has first secured written permission upon application to the Department Head and committee of the governing body responsible for public safety, which shall in each individual case determine whether such outside business or occupation will tend to divert the attention of such member of the Department from normal police service or handicap him or render him unfit to perform the duties required of him in said Department.

§ 48-18 Vigilance in exercise of duty.

Members of the Police Department shall give particular attention at all times to and make prompt report of any unsanitary or unsafe conditions existing in the Borough, any street or sidewalk obstruction, any unlighted streetlights in the night and any other unusual or suspicious circumstances, and, in general, exert themselves to discover and prevent any violations of the laws of the State of New Jersey or the ordinances of the Borough of Haledon and to promptly apprehend all violators thereof. During night patrol they shall examine doors and check the windows of vacant houses and of all stores to see that they are properly secured.

§ 48-19 Electioneering and political activities.

No member of the Haledon Police Department shall engage in electioneering or participate in any political campaign or other proceeding of a political or party nature or shall in any manner interfere with any election in said Borough or be present at the polls at any election, except for the purpose of voting, unless detailed to be present there for the purpose of preserving peace and good order.

§ 48-20 Reporting before and after tour of duty.

Members of the Police Department shall report for duty at headquarters in person at the beginning and completion of each tour of duty, at which times they shall be in full uniform and properly equipped and shall be fit for duty.

§ 48-21 Bringing matters before governing body.

Any member of the Police Department desiring to bring any matter pertaining to the business of the Department or to his personal relationship with the Department to the attention of any member of the governing body shall first obtain permission from the Department Head. If such permission is refused, such member may make a written application to the governing body requesting a hearing and stating his objection.

§ 48-22 Police attendance at private gatherings.

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 Department Head.

The Department Head, 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 Department Head and shall be subject to the provisions of this chapter.

The Department Head shall report to the Borough Clerk the names of the officers assigned to such special duty and the amount of time they spend thereon and the name and address of the person or organization requesting their services; and the Borough Clerk will bill such person or organization and compensate the officers so assigned at the hourly rate provided by the Borough Council.

§ 48-23 Keeping of records and reports.

All books, records, reports, correspondence and documents of any kind pertaining to the work of the Police Department shall be neatly and correctly written and preserved. No erasures in or alterations of any record, report or statement will be permitted. If an error is made in the preparation of the same or is subsequently discovered, it is to be corrected by drawing a pen neatly through the error and substituting the correction. The person making such correction shall attest the same by signing his name and affixing the date in the margin of the record or document opposite such correction.

§ 48-24 Absences from duty.

No member of the Haledon Police Department or force shall absent himself from duty without the permission of the Department Head.

Any member of the Police Department of the Borough of Haledon who shall be absent from duty without just cause for a term of five days continuously and without leave of absence shall, at the expiration of such five days, cease to be a member of such Department.

§ 48-25 Absences from Borough.

No member of the Haledon Police Department shall leave the Borough while on duty unless properly dispatched by radio or with the express permission of a superior. At no time may all members of the duty shift be absent from the Borough. No member shall at any time leave the Borough or the municipality where he resides for more than 12 hours without notifying the Department Head or officer in charge at police headquarters.

§ 48-26 Absence by reason of illness.

No member of the Police Department shall absent himself from duty by reason of sickness or injury unless he shall report the same to the Department Head or other officer in charge of the Department promptly (before his next tour of duty, if possible, and in any event within 24 hours). Unless expressly exempted by the Department Head, such absent member shall also:

Furnish to the Department Head a physician's statement each week during the period of his disability, giving the cause and nature of the illness or injury and the progress thereof and his opinion as to the unfitness of the absentee to perform his duties.

Report to active duty after such illness or injury where the services of a physician were required, only after first presenting to the Department Head a final physician's statement indicating that he is again fit for active duty.

The governing body reserves the right to require a medical examination at any time during disability, at the expense of the Borough.

§ 48-27 Records of absences.

The Department Head shall keep accurate records of the absences of every employee in the Department and furnish a list thereof to the Borough Clerk prior to the fifth day of the ensuing month, the same to be placed with his personnel file.

§ 48-28 Special duty.

The Department Head, whenever in his opinion the public service requires it, may detail any of the members of said Department to any special or particular duty connected with the police service of the Borough, and for such purposes may send such member or members outside the Borough limits, together with any police car or equipment required in the performance of such special or particular public police service.

§ 48-29 Uniforms and equipment.

Every member of the Haledon Police Department, while on duty, except when otherwise directed by the officer in charge, must be in uniform and be equipped in conformity with the standards fixed for the Department. Members of the Department shall be required to keep equipment in good condition and uniforms clean and in good appearance.

The necessary uniforms and equipment for the performance of police duty will be furnished by the Borough of Haledon, and the Department Head shall keep an accurate record of the distribution and use thereof. Lost or damaged equipment must be immediately reported to the Department Head.

If the Department Head is of the opinion that the loss or damage was due to willfulness or negligence, he shall report the matter to the governing body, which shall decide whether or not the value of such property shall be paid by the person responsible for the loss of such equipment or the damage thereto.

§ 48-30 Use of police vehicles.

No police cars, motorcycles or other police equipment shall be used for other than police duties, nor shall they leave or be taken from the Borough except under instructions from the Department Head. No unauthorized person shall be permitted in any police vehicle.

§ 48-31 Physical condition of members; examinations.

Examinations when conditions warrant.

Every member of the Haledon Police Department must maintain himself in proper physical condition and good appearance at all times.

The governing body of the Borough of Haledon or the Department Head may require any member of the Police Department to be examined by a physician to be approved by said governing body when, in the opinion of said governing body or Department Head, or when such member gives evidence that, he is unable to preform properly the duties of his position. Nothing herein contained shall prevent such a member from submitting supplemental evidence of his condition, to be supplied by a physician of his own selection, in addition to that required by the governing body or Department Head as above mentioned.

Recommendations of the physician so selected for corrective measures of physical deficiencies interfering with the duties of a member of the Haledon Police Department shall be followed by such member, subject to approval of the member's personal physician. Failure to follow such recommendations shall subject such member to medical discharge or dismissal.

Periodic physical examinations. Every member of the Haledon Police Department shall be required to have at least one physical examination every two years by a licensed physician approved by the governing body. Such examination shall be conducted at such time as the Department Head may designate and shall be at the expense of the municipality. A full record of such physical examinations shall be filed with the Borough Clerk.

§ 48-32 Causes for disciplinary action.

Any member of the Police Department of the Borough of Haledon shall be subject to reprimand, suspension from duty without pay, reduction in rank or dismissal, according to the nature or aggravation of the offense, for any of the following causes or for the violation of any other rules and regulations governing the police force:

Intoxication or consumption of intoxicants while on duty.

Willful disobedience of orders.

Indecent or profane or harsh language.

Disrespect to superior officers.

(5)

Unnecessary violence to prisoner.

(6)

Absence without leave, sleeping on duty, absence from post of duty without excuse or for not properly patrolling his beat.

(7)

Garnishee proceedings against his pay for nonpayment of debts. Every member of the Police Department is expected to pay promptly his just financial obligations in such manner that there may be no adverse reflection therefrom on his standing as a member of the Department or any inconvenience to the Borough of Haledon.

(8)

Gross ignorance of the law or the regulations of the Department.

(9)

Violation of any criminal law.

(10)

Making known any proposed action or movement of the Department or the contents of any order or other information of a confidential nature other than to persons concerned with the proper enforcement of the law or to whom the same may be directed.

(11)

Conduct unbecoming an officer.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(12)

Conduct subversive to good order and the discipline of the force.

(13)

Publicly commenting adversely on the official action of a superior officer.

(14)

Failure to report a known violation of any law of this state or ordinance of the Borough.

(15)

Neglect or shirking of duty or failure to take proper action to prevent a violation of the law, or failure to use due diligence to apprehend any person or persons committing any violation thereof in his presence or when properly charged therewith.

(16)

Accepting a bribe or favor as a consideration either for the performance of nonperformance of his duty.

(17)

Visiting any gambling house, poolroom or any other place of amusement or any saloon or liquor store while in uniform or on duty, except on police business.

(18)

Failure to attend a school of instruction or a drill at the time fixed or whenever ordered.

(19)

False representations in application for appointment to the Police Department.

(20)

Soliciting anyone to intercede with the Department Head or the governing body relative to promotions, change of beats, disposition of pending charges or any findings of a trial before the governing body.

(21)

Engaging in any act or assisting in the performance thereof whereby the good order or discipline of the Police Department is prejudiced.

(22)

Abuse of Police Department property.

(23)

Reporting for duty in unfit condition.

No member of the Police Department of the Borough of Haledon shall have in his possession at police headquarters or on his person while on duty or in uniform any intoxicating liquor or narcotics. No member of the Haledon Police Department shall, while on duty or in uniform, drink any intoxicating liquor or ingest any narcotics. No member of the Department shall report for duty while to any degree affected by the drinking of alcoholic beverages or with the odor of alcohol on his breath. No member of the Department shall report for duty after taking, or take in any form while on duty, any medicine or drugs which might in any way be detrimental to performance of his duties, without the express permission of the Department Head. In this respect members are required to learn from their physicians the nature of any medicine prescribed for them.

§ 48-33 Reporting for duty in unfit condition.

Any member of the Department who shall report for duty in an unfit condition or while on duty shall become physically unfit, believed to be due to the use of intoxicants, drugs or narcotics, shall immediately be reported by his superior officer to the Department Head and shall be examined immediately by a reputable physician.

§ 48-34 Use of police headquarters.

No loafing or lounging shall be permitted at police headquarters, and the same shall not be used as a gathering place for social activities. Use of the police headquarters shall be restricted to departmental purposes, the enforcement of law and order and for the convenience of persons required to be present in connection with police matters. No visiting will be permitted with officers and patrolmen while on duty at headquarters.

§ 48-35 Service of process.

It shall be the duty of the members of the Haledon Police Department to serve and execute all process issuing out of the Municipal Court of the Borough of Haledon. Such members shall have all the powers of constables elected in the municipality, except the service of civil process out of the courts other than the Municipal Court of the Borough of Haledon.

§ 48-36 Rules and regulations.

[Added 11-8-1989 by Ord. No. 10-11-89]

The rules and regulations of the Borough of Haledon Police Department are hereby adopted as part of this chapter of the Code of the Borough of Haledon as if set forth at length herein and any changes that are made from time to time.

All members of the Borough of Haledon Police Department shall be given a copy of the rules and regulations upon commencing service with the Borough of Haledon, and all shall adhere to the rules and regulations during the time of service in the Borough of Haledon.

In the event that there is a breach of the rules and regulations by any member of the Borough of Haledon Police Department, disciplinary action may be taken pursuant to § 48-32 of the Code of the Borough of Haledon and such other applicable laws.

§ 48-36.1 Off-duty employment of police officers.

[Added 3-11-2015 by Ord. No. 2-11-2015B]

Policy on contracted off-duty, outside employment by Borough of Haledon police officers.

Policy and purpose. Members of the Police Department shall be permitted to accept employment as safety or security personnel for private businesses, contractors, other public entities and quasi-public sector organizations during off-duty hours, and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough. The Borough's needs for said police officers shall always take priority over scheduled off-duty work for a private employer.

Authorization to employ off-duty police officers. Any person or entity wishing to employ off-duty police officers shall first obtain the approval of the Chief of Police or his designee. The Chief of Police or his designee shall withhold approval if the off-duty services to be performed are inconsistent with the efficient operation and professionalism of the Police Department; and/or unreasonably endangers or threatens the safety of the officer or officers who perform the work.

Upon approval of the off-duty services, the person or entity shall execute a written agreement with the Borough, which agreement is acceptable to the governing body. Such agreement shall be executed prior to the commencement of service by any member of the Police Department.

Payment of funds to Borough.

Advanced payment of moneys. No member of the Police Department will perform any off-duty work prior to the payment of the full amount of compensation to the Borough of Haledon by a private business, contractor, public or other quasi-public entity employer. Such fee shall include the flat rate administrative service fee adopted in the Borough's current Salary Ordinance,[1] as well as the cost established by the Borough for the use of a police vehicle(s).

[1]

Editor's Note: The current Salary Ordinance is on file in the Borough offices.

Payment to officers. The Borough shall remit to the member of the Police Department performing such service a portion of said hourly rate. The balance of moneys received shall be retained by the Borough for administrative expenses, all in accordance with the Borough's current Salary Ordinance.

Escrow accounts.

Except as described below, any person or private business, contractor, public entity or quasi-public entity requesting the services of an off-duty police officer shall estimate the number of hours required for the performance of off-duty law enforcement services. This estimate shall be approved in writing by the Chief of Police or his designee.

Upon approval, the Chief of Police or his designee shall notify the Finance Department. The Chief Financial Officer will then establish an escrow account in the name of the private, public or quasi-public entity requesting off-duty police services. Said entity shall then be responsible to immediately deposit an amount sufficient to underwrite the Borough's off-duty services rates and administrative fees as set forth in the Borough's current Salary Ordinance.[2]

[2]

Editor's Note: The current Salary Ordinance is on file in the Borough offices.

(c)

If the amount required to be deposited with the Borough pursuant to Subsection B(3)(a) above exceeds $5,000, an escrow deposit of $5,000 shall be required. Said twenty-thousand-dollar deposit shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $5,000, and then such lesser amount shall be required to be maintained.

(d)

Prior to posting any request for off-duty services, the Chief of Police or his designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours and vehicles specified in the service request. The Chief of Police or his designee shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.

(e)

In the event that funds in any escrow account are depleted, the services of off-duty police officers shall cease. Requests for further or future services by a private business, contractor, public or quasi-public entity shall not be performed or posted by the Police Department until additional funds have been deposited in the escrow account in the manner prescribed above.

(f)

The person or entity requesting off-duty police officer services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.

Requests for services. All requests to the Borough for the services of off-duty police officers shall be forwarded to the Chief of Police or his designee for posting as soon as possible before such services are required. Any police officer, when so employed by the Borough, shall be treated as an employee of the Borough; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of police officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.

Rates of compensation; administrative fee; payment for services.

The rate of compensation to be paid by private businesses, contractors, and public or quasi-public entities contracting with the Borough for the employment of police officers in the performance of off-duty services shall be as follows:

Police officer rate: $70 per hour.

Vehicle rate: $17 per hour.

(c)

Borough administrative fee: $8 per hour.

In addition, private business, contractors, and public (other than the Borough of Haledon) or quasi-public entities shall comply with the following:

Payment of a four-hour minimum of the rate shown in the current Salary Ordinance[3] for all jobs not canceled at least three hours prior to the scheduled start of the off-duty services job;

[3]

Editor's Note: The current Salary Ordinance is on file in the Borough offices.

Full payment for the hours scheduled for an off-duty police officer once a job commences; and

(c)

Any hours worked by an off-duty police officer beyond eight hours will be compensated at 1 1/2 the rate as shown in the Borough's current Salary Ordinance.

There shall be a four-hour minimum for all work performed.

Article II Promotional Procedures

[Adopted 5-18-2005 by Ord. No. 5-4-2005; amended in its entirety 8-6-2009 by Ord. No. 7-16-2009]

§ 48-37 Vacancies.

If a vacancy exists in the ranks of Sergeant, Lieutenant, Captain, Deputy Chief or Chief of Police within the Haledon Police Department, the Borough Council may resolve to direct the Police Promotion Review Committee to convene for the purpose of identifying the vacant position and initiating the promotional procedures contained herein.

Nothing herein shall be interpreted to mandate the filling of a vacancy except when the governing body resolves to fill such vacancy. Nothing herein shall prohibit the governing body from abolishing any position at any time.

Appointment to any position within the Haledon Police Department shall be made by the governing body in accordance with N.J.S.A. 40A:60-1 et seq.

§ 48-38 Police Promotion Review Committee.

The Police Promotion Review Committee (the "Committee") shall be comprised of three members appointed by the Mayor upon advice and consent of the Borough Council.

The purpose of the Committee is to coordinate the necessary components of the promotion process and to evaluate candidates for promotion. The Committee's role is purely advisory and shall not be binding upon the governing body for any purpose.

Upon being directed by the Borough Council, the Committee shall identify the vacant position to be filled and cause the advertisement of the governing body's intention to fill said vacancy. The advertisement shall be made in accordance with applicable law.

The Committee shall evaluate candidates based upon the following:

Personal profile. Each candidate shall prepare and provide to the Chief of Police a typed personal profile of himself/herself. The personal profile shall include, at a minimum, the candidate's career objective, educational achievements (including but not limited to academic, law-enforcement-related, management, instructor and military-related training), past and current responsibilities within the Police Department, commendations, any and all disciplinary actions taken against the candidate (including the results of each action), volunteer work performed within the Borough of Haledon and record of sick days used in the past five years. The candidate may include any additional information at his or her choosing. Each candidate is responsible for obtaining and ensuring the accuracy of all required information included in his or her personal profile. The Committee may require a candidate to provide additional verification of information included in his or her personal profile. The personal profile must be submitted to the Borough Administrator at least 14 days prior to the date of the candidate's oral interview. The Borough Administrator shall coordinate the delivery of the personal profile to the other members of the Committee. A candidate may be rejected for a deficiency in his or her personal profile.

Personnel file. The Chief of Police shall provide each member of the Police Promotion Committee a copy of each candidate's complete personnel file. Each candidate shall sign a waiver form authorizing the Committee and the governing body to review his or her personnel file during the promotional process in executive session.

Oral interview.

The Committee shall examine each candidate in the following areas during the oral interview:

[1]

Any aspect of the personal profile and personnel file.

[2]

Knowledge of the community.

[3]

Communication skills.

[4]

Leadership skills.

[5]

Knowledge of applicable laws, regulations, policies and procedures relevant to law enforcement.

Upon completion of the review, each candidate shall be given a numerical score. The numerical score shall be derived from each area of the oral interview based upon a scale of zero to 100. Each area is worth a maximum of 20 points.

Upon completion of the oral interview, the Committee shall cause to be prepared a statement for each candidate which reflects the candidate's scores for each applicable component of the promotional procedure for submittal to the governing body.

§ 48-39 Chief of Police recommendation.

The Chief of Police shall be asked to make recommendations for each candidate for promotion. If the Chief is not serving in good standing, is suspended or on a leave of absence, then the Chief's recommendation shall be omitted from the promotional process. When the promotional process is conducted without the Chiefs recommendation, the Police Promotion Review Committee portion shall be weighted 45% and training and education weighted 35% of each candidate's overall score.

The Chief shall consider the following performance-related areas for each candidate:

Job-related experience.

Compliance with rules and regulations of the Haledon Police Department.

Professional judgment exercised by the candidate.

Ability to supervise personnel and give directions and orders.

Responsibility.

Productivity.

Commendations.

Attendance and use of sick time.

(9)

Disciplinary record.

(10)

Overall quality of performance.

Upon completion of the Chief's review, each candidate shall be given a numerical score. The numerical score shall be derived from each area of the review based upon a scale of zero to 100. Each area is worth a maximum of 10 points.

§ 48-40 Time in service.

The Chief of Police shall forward to the Police Review Committee, the Borough time in service of each applicant prior to the oral interview. A numerical score for each candidate shall be determined by giving the candidate with the longest time in service with the Borough a score of 100 and all other candidates a numerical score equal to the percentage, rounded to the nearest whole number, of his/her time in service in comparison to the candidate with the longest time in service.

§ 48-41 Training; education.

Each candidate is responsible for advising the Police Promotion Committee of his or her training and/or education which is to be included in the personal profile. The Committee shall specifically review the following areas:

Law enforcement training.

Management training.

Instructor training.

Military training.

Academic achievements.

Each candidate shall be given a numerical score. The numerical score shall be derived from each area of the review based upon a scale of zero to 100. Each area is worth a maximum of 20 points.

§ 48-42 Volunteer work.

Each candidate is responsible for advising the Police Promotion Committee of his or her volunteer work performed in the Borough of Haledon which is to be included in the personal profile. This information shall include the name of the organization, contact person, dates of involvement and capacity of involvement. Each candidate shall be given a numerical score of zero to 100.

§ 48-43 Physical and/or psychological examination.

The Police Promotion Committee may require candidates to submit to a physical and/or psychological examination performed by a medical professional designated by the Committee. The purpose of such examination is to assess the candidate's fitness to perform the duties of the position. If the Committee chooses to require a candidate to submit to a physical or psychological examination prior to consideration, each candidate for that same position shall also be required to submit to such examination(s). The results of any physical or psychological examination(s) shall be considered by the Committee as a part of the candidate's personnel file.

The Police Promotion Committee may require that a successful candidate's appointment be conditional pending a physical and/or psychological examination by a medical professional designated by the Committee. Each candidate shall execute a consent form for the medical professional to transmit the medical report to the Committee and the governing body for consideration in executive session. A candidate shall be provided the opportunity to oppose a negative report.

§ 48-44 Promotional review process for ranks of Corporal, Sergeant, Lieutenant, Captain and Deputy Chief.

[Amended 4-17-2014 by Ord. No. 3-20-2014; 3-11-2015 by Ord. No. 2-11-2015; 6-9-2022 by Ord. No. 5-12-2022A]

The promotional review process for the ranks of Corporal, Sergeant, Lieutenant, Captain and Deputy Chief shall consist of the following components, with the weight of each component noted accordingly:

Police Promotion Review Committee oral interview evaluation: 40%.

Training/education: 30%.

Chief of Police recommendation: 10%.

Time in service with the Haledon Police Department: 15%.

(5)

Volunteer work performed in the Borough of Haledon: 5%.

Corporal.

In order to be eligible for appointment to the rank of Corporal, a candidate must have:

A minimum of three years in the Haledon Police Department; or

At least one year in the Haledon Police Department and a total of at least three years of police service, which shall include service in other police departments located in the State of New Jersey, and/or active United States military service.

Candidates with 60 credits towards a degree from an accredited college/university are preferred.

Sergeant.

In order to be eligible for appointment to the rank of Sergeant, a candidate must have attained the rank of Corporal and have:

A minimum of five years in the Haledon Police Department; or

At least one year in the Haledon Police Department and a total of at least five years of police service, which shall include service in other police departments located in the State of New Jersey, and/or active United States military service.

Candidates with 60 credits towards a degree from an accredited college/university are preferred.

Lieutenant.

In order to be eligible for appointment to the rank of Lieutenant, a candidate must have attained the rank of Sergeant and have:

A minimum of eight years in the Haledon Police Department; or

At least one year in the Haledon Police Department and a total of at least eight years of police service, which shall include service in other police departments located in the State of New Jersey, and/or active United States military service.

Candidates with a bachelor's degree or equivalent from an accredited college/university are preferred.

If, after two years in the rank of Lieutenant, the candidate possesses 30 credits toward a degree from an accredited college/university and a total of at least three years in a supervisory position, the governing body may resolve to accept the candidate's years of service as a substitute for the associate's degree requirement.

Captain.

In order to be eligible for appointment to the rank of Captain, a candidate must have attained the rank of Lieutenant and have:

A minimum of 10 years in the Haledon Police Department; or

At least one year in the Haledon Police Department and a total of at least 10 years of police service, which shall include service in other police departments located in the State of New Jersey, and/or active United States military service.

Candidates with a bachelor's degree or equivalent from an accredited college/university are preferred.

If, after two years in the rank of Captain, the candidate possesses 30 credits toward a degree from an accredited college/university and a total of at least three years in a supervisory position, the governing body may resolve to accept the candidate's years of service as a substitute for the bachelor's degree requirement.

Deputy Chief.

In order to be eligible for appointment to the rank of Deputy Chief, a candidate must have held a supervisory rank in the Haledon Police Department for at least one year and have:

A minimum of 12 years in the Haledon Police Department; or

At least one year in the Haledon Police Department and a total of at least 12 years of police service, which shall include service in other police departments located in the State of New Jersey, and/or active United States military service.

Candidates with a bachelor's degree or equivalent from an accredited college/university are preferred.

If, after two years in the rank of Deputy Chief, the candidate possesses 30 credits toward a degree from an accredited college/university and a total of at least three years in a supervisory position, the governing body may resolve to accept the candidate's years of service as a substitute for the bachelor's degree requirement.

Probation period.

All appointments to the ranks of Corporal, Sergeant, Lieutenant, Captain and Deputy Chief are made based upon an initial two-year probation period. During the probation period, any officer appointed who does not have the necessary education credits shall provide the Chief of Police with copies of transcripts on a quarterly basis showing successful progress toward obtaining the necessary credits.

Should a candidate not obtain the necessary education requirements or not otherwise meet the expectations of the governing body at the conclusion of the probation period, that candidate will be returned to his or her former position and his or her pay will be reduced accordingly.

§ 48-45 Promotional review process for Chief.

The promotional review process for the rank of Chief shall consist of the following components, with the weight of each component noted accordingly:

Police Promotion Review Committee oral interview evaluation: 45%.

Time in service with the Haledon Police Department: 25%.

Training/education: 25%.