Borough of Maywood, NJ Organization

[Adopted 11-21-1972;[1] amended in its entirety 10-25-1988 by Ord. No. 18-88]

Editor's Note: The provisions of this article are derived from Ch. 19 of the former Revised Ordinances, adopted 11-21-1972 by Ord. No. 659.

§ 56-1 Continuation.

The Police Department of the borough, as heretofore established, is hereby continued; however, it shall hereinafter consist of a Chief of Police and such other superior officers and patrol officers as hereinafter provided.

§ 56-2 Police commissioner.

The Chairman of the Police Committee of the Council shall, during his continuance as such Chairman, be the Police Commissioner. The Police Commissioner shall be the liaison between the Mayor and Council and the Police Department and shall make reports with respect to the conduct and operation of the Department at regular meetings of the Council, together with such recommendations as to appointments, promotions, rules, regulations and other matters as may seem proper for the orderly and efficient operation of the Department. The Police Commissioner shall also represent the Mayor and Council during the conduct of collective bargaining negotiations with duly organized members of the Department.

§ 56-3 Composition and organization of the uniformed force.

[Amended 7-11-2001 by Ord. No. 16-01; 1-19-2006 by Ord. No. 01-06]

The uniformed force of the Police Department shall consist of a maximum number of 24 active duty members consisting of not more than the following numbers of superior officers and patrol officers (listed in descending order of rank):

[Amended 2-21-2008 by Ord. No. 03-08]

One Chief of Police;

One Captain;

Two Lieutenants;

Five Sergeants;

Such number of patrol officers which, when added to the number of positions filled in the ranks of Chief of Police, Captain, Lieutenant and Sergeant, totals not more than 24 positions.

The maximum number of positions set forth in Subsection A above may be modified from time to time by the adoption of a salary ordinance fixing a different number of positions within each rank.

The Mayor and Council may from time to time determine by resolution that a lesser number of positions within each rank are necessary to be filled. Nothing contained herein shall be deemed to establish a minimum staffing requirement.

Notwithstanding the foregoing limitation, in the event that a member of the police force is on terminal leave, either by reason of retirement or permanent disability, and is not anticipated to return to active duty, the Mayor and Council may appoint an additional police officer for each such member who is on terminal leave and/or may promote an active member into the rank of such member who is on terminal leave. If, for any reason, the member who is on terminal leave returns to active duty, the Mayor and Council shall, within 30 days thereafter, reduce the total members of the police force to 24 active members and the members within each rank as specified above by a reduction in force based on seniority.

It is prohibited to appoint persons to be Constables pursuant to N.J.S.A. 40A:9-120 et seq., or its successor.

[Added 5-14-2019 by Ord. No. 9-19]

§ 56-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PATROLMEN

When used in this Article, shall apply to members of both sexes and should be considered general usage without gender limitation.

§ 56-5 Chief of police.

The Chief of Police shall be the head of the police force and he shall be directly responsible to the Mayor and Council, as a body, for the efficiency and routine day-to-day operations thereof. Pursuant to lawful policies established by the Mayor and Council, the Chief of Police has the following general powers and responsibilities:

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the force.

Prescribe the duties and assignments of all subordinates and other personnel.

Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision.

Report at least monthly to the Mayor and Council in such form as shall be prescribed by such Mayor and Council on the operation of the force during the preceding month and make such other reports as may be requested.

§ 56-6 Appointment and promotion of personnel.

[Amended 3-23-1993 by Ord. No. 5-93; 12-27-1994 by Ord. No. 21-94; 7-20-1999 by Ord. No. 18-99]

Vacancies in the positions of Chief of Police and other officers and members of the uniformed force shall be filled as follows:

[Amended 7-11-2001 by Ord. No. 16-01]

(1)

Unless the Mayor and Council determines not to fill a vacancy pursuant to resolution, the Mayor shall nominate and, with the advice and consent of the Council, appoint a person to fill such vacant position within 30 days of that position becoming vacant

(2)

In the event that the Mayor fails or neglects to make such nomination within 30 days of the position becoming vacant or, in the event that the Council shall fail to confirm such nomination by the Mayor within 30 days of being presented with such nomination, the Council may proceed to fill such vacant position by making the appointment to that office, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.

In order to be eligible for promotion to the rank of Sergeant, a police officer shall have served as a patrolman for at least five years immediately preceding the promotion.

In order to be eligible for promotion to the rank of Lieutenant or Captain, a police officer shall have served as Sergeant or Lieutenant respectively for at least three years immediately preceding the promotion.

A promotion of any member or officer of the Police Department or force to a superior position shall be made from the membership of the Department or force. Due consideration shall be given to the member or officer so proposed for the promotion, to the length and merit of his or her service, and a preference shall be given according to seniority and service provided. This preference is but an additional factor to be considered on the merits of the evaluation of individuals for promotion who have approximately equal qualifications and is not a mechanical rule that guarantees a promotion to the most senior employee. In assisting the Mayor and Council in evaluating the merit of an applicant's service, the Mayor and Council may, but need not, provide for either written or oral tests, or both. In addition, the Mayor and Council may consider any other criteria that it may determine to be reasonable in evaluating an applicant for promotion, which may include the recommendation of the Chief of Police or other head of the department, as well as the member's or officer's training, service, ability to deal with the public, supervisory skills, demeanor, prior disciplinary actions, commendations, attendance records, and any other job-related criteria.

The Mayor and Council may waive the requirement of three years in rank if none of the Sergeants or Lieutenants have the three years in service as Sergeant or Lieutenant, as per § 56-6C.

At the conclusion of a promotional process, the Borough Chief of Police shall provide the individuals considered for the promotion the results of the process. Each candidate shall have the opportunity to review any documents used to evaluate their suitability for promotion. Said documents are available for inspection and only relate to each individual candidate. Candidates are not entitled to review any documents of other candidates.

[Added 7-23-2019 by Ord. No. 12-19]

§ 56-7 Qualifications for membership.

No person shall be appointed a member of the Police Department unless he possesses the requisite qualifications prescribed by the applicable statutes of New Jersey relating to age, residence and other qualifications and eligibility requirements.

In addition to the requirements set forth in § 56-7A, each candidate for appointment to the Maywood Police Department shall satisfy the following requirements:

[Amended 6-5-2002 by Ord. No. 9-02]

(1)

He or she shall have demonstrated compliance with one of the following:

(a)

At least 60 college level credits earned and completed from an accredited college or university;

(b)

At least two consecutive years of military service with an honorary discharge; or

(c)

At least two years of full-time law enforcement experience with a municipal county, state, or federal police or law enforcement department or agency; and

(2)

He or she shall, after being appointed subject to the following condition, shall satisfactorily pass the physical, psychological, and psychiatric examinations that may be required before physicians, psychologists, or psychiatrists designated by the Mayor and Council. These examinations shall be designed to determine, according to accepted medical and psychological standards, the candidate's fitness and ability to perform the duties of a police officer without danger or impediment to the health, safety, and welfare of the candidate, his or her fellow officers, and the public at large, as well as to demonstrate the candidate's eligibility for inclusion in the Police and Firemen's Retirement System.

Pursuant to N.J.S.A. 40A:14-123.1a, the Borough of Maywood hereby reserves the right to classify all duly qualified applicants for appointment to the Police Department in the categories set forth below and to appoint members in the order and manner specified by such statute:

(1)

Residents of the Borough of Maywood.

(2)

Other residents of Bergen County.

(3)

Other residents of the State of New Jersey.

(4)

All other qualified applicants.

§ 56-8 Probationary period.

In order to better evaluate the aptitude, ability, quality and competence of recruits, all appointments hereafter made to the Police Department shall be for a probationary period commencing from the date of their employment to a date one year following completion of Police Training School, but in no event later than 16 months following the date of appointment, which period must be completed to the satisfaction of the Mayor and Council before such appointees are eligible for appointment as permanent members of the Police Department. The holder of any probationary appointment may be summarily dismissed from office by the Mayor and Council at any time during such period of probation, with or without cause and without hearing, upon the receipt of the recommendation of the Chief of Police.

§ 56-9 Emergency officers.

The Mayor may, subject to confirmation by the Council, employ additional officers or men temporarily and discharge them at the end of such temporary employment. Persons so employed shall be known as "emergency officers." An emergency requiring such temporary appointments may be declared by any of the following persons:

The Mayor.

The Police Chief.

The ranking officer of the Police Department in the event that the Chief is absent.

§ 56-10 Rules and regulations.

[Amended 5-24-1994 by Ord. No. 8-94]

The Mayor and Council of the Borough of Maywood is designated as the appropriate authority to adopt, by resolution, rules and regulations for the government of the Police Department, pursuant to N.J.S.A. 40A:14-118.

The Chief of Police shall review the rules and regulations on an ongoing basis and may recommend changes or updated provisions to the Police Commissioner, for consideration by the Mayor and Council. A complete review of the rules and regulations shall be conducted by the Chief of Police every five years, and recommended changes or updated provisions shall be submitted thereafter to the Police Commissioner for consideration by the Mayor and Council.

All officers and patrolmen of the Police Department and all emergency and special law enforcement officers shall comply with the rules and regulation adopted for the government of the Department and with the orders of their superior officers not inconsistent therewith, as well as all policies and procedures established by the Department, the Bergen County Prosecutor and the Attorney General of the State of New Jersey.

§ 56-11 Cause for removal; procedure.

No member of the Police Department, except officers or men temporarily employed in case of emergencies or as special law enforcement officers, shall be removed from office of employment 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.

No member of the Police Department shall be suspended, removed, fined or reduced from office or employment except for just cause as set forth in Subsection A of this section, and then only after written charge or charges of the cause of complaint shall have been preferred against him and the opportunity of fair and impartial trial upon said charge or charges afforded him in accordance with the provisions of N.J.S.A. 40A:14-147 and the amendments thereof and supplements thereto.

§ 56-12 Hearings; removal from department.

The Police Chief shall hear and determine all charges and complaints made against any officers or members of the Police Department, and the Chief may, subject to an appeal to the Mayor and Council, suspend, reduce in rank, fine or otherwise punish officers and members of the Department for incapacity, misconduct or disobedience of the rules and regulations for the government of the Department. In the event that the Chief of Police finds removal from office to be an appropriate disposition, he shall so recommend to the Mayor and Council.

No officer or member of the Department shall be removed until after hearing before the Mayor and Council or a majority thereof.

In the event that it shall be the Chief of Police who prefers charges against any member of the Police Department, such charges shall be heard by the Mayor and Council as a body.

Any lawful changes or additions to the requirements of the procedure for disciplining police, arrived at through free collective bargaining between the Mayor and Council and the representative of the police bargaining unit, are hereby ratified and confirmed.