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Township of Rochelle Park, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 11-24-1924 by Ord. No. 19]
A. 
The Police Department of the Township of Rochelle Park is hereby established to consist of the following officers:
[Amended 8-15-2001 by Ord. No. 836-01; 12-19-2001 by Ord. No. 845-01; 6-21-2006 by Ord. No. 947-06; ; 6-17-2015 by Ord. No. 1087-15]
(1) 
One Chief of Police.
(2) 
One Captain of Police.
(3) 
Up to a maximum of four Lieutenants.
(4) 
Up to a maximum of five Sergeants.
(5) 
Up to a maximum of 14 patrol officers.
B. 
The Township Committee may employ officers and men regularly and temporarily in the case of emergency for a term not exceeding one year and discharge such temporary officers and men at the expiration of such temporary employment. Such temporary officers and men or special policemen shall not be members of the Police Department, and their powers, rights and duties shall immediately cease and desist at the expiration of the term for which they were appointed. Any such appointment of special policemen or temporary officers and men may be revoked at any time without cause and without hearing, and a fee may be charged to any such officer for issuing a certificate of appointment.
C. 
The salary, wage and compensation of the Chief of Police and the other officers and members of the Police Department shall be fixed by the Township Committee by ordinance.[1]
[1]
Editor's Note: The currently effective Salary Ordinance is on file in the office of the Township Clerk.
[Added 10-20-2010 by Ord. No. 1023-10]
In accordance with the provisions of N.J.S.A. 40A:14-118 there is hereby established the "appropriate authority," which shall be a committee. The membership of the committee shall be the Mayor, Township Administrator and one member of the Township Committee who shall be designated as Police Liaison.
The office of the Chief of Police is hereby authorized as the headquarters of the Police Department.
The members of the Police Department shall, when on duty, wear such uniforms and badges or signs of office as shall be from time to time prescribed by the Township Committee.
[Amended 8-15-2001 by Ord. No. 836-01; 5-18-2011 by Ord. No. 1031-11]
A. 
Applications for appointment to the Police Department shall be made to the Chief of Police on the form of application which may be obtained from the Police Department upon payment of the nonrefundable application fee determined by the Police Department. The process and procedure for employment shall be as set forth in Chapter 27 of the Township Code and will, at all times, be subject to and in accordance with the directions, supervision and control by the properly established “appropriate authority” which has been appointed in accordance with the provisions of state law.
B. 
Upon completion of the employment process and the hiring of a police officer, the resume, records, evaluations and recommendations utilized in that process shall remain in effect for a period of one year from the date of the initial hiring. Subsequent hiring, within a period of one year, may be made from the same list if the Township Committee and the appropriate authority determine that it would be in the best interest of the municipality to utilize the same list. The Township Committee and appropriate authority may, however, commence the process from the start if they believe it is advisable to do so.
It shall be the duty of the Chief of Police to examine carefully the education, mental, moral and physical fitness of any person making application to be appointed to the Police Department.
[Amended 8-6-1973 by Ord. No. 347]
Each applicant applying for a full-time position in the Township of Rochelle Park shall be required to meet all of the following minimum qualifications before being considered eligible for appointment to the Police Department of the Township of Rochelle Park:
A. 
No person shall be appointed a member of the Police Department unless he possesses the requisite qualifications described by the applicable statutes of New Jersey relating to age, residence and other eligibility requirement. All applicants must be at least 18 years old on the date of the examination, either written or oral, whichever comes first, and must not reach their 35th birthday prior to their appointment date.
[Amended 1-24-1996 by Ord. No. 710; 8-15-2001 by Ord. No. 836-01]
B. 
Effective January 2002, in order to qualify to take the police examination, an applicant must have:
[Amended 8-15-2001 by Ord. No. 836-01]
(1) 
A bachelor's degree signifying completion of the undergraduate curriculum and graduation from an accredited college or university; or
(2) 
Alternatively, an associate's degree or have 60 semester hours of college credits from an accredited college or university, plus at least two years of military experience and honorably discharged from same or a minimum of two years full time police experience (i.e., police dispatcher, auxiliary police officer, special police officer); or
(3) 
Five years' full-time police officer experience.
C. 
Each candidate for appointment to the Police Department must satisfactorily pass such physical, psychological and psychiatric examinations as may be required before physicians, psychologists or psychiatrists designated by the Township Committee. Such 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 candidates, fellow officers and the public at large and the candidate's eligibility for inclusion in the Police and Firemen's Retirement System.
[Amended 5-5-1986 by Ord. No. 519; 1-24-1996 by Ord. No. 710]
D. 
(Reserved)[1]
[1]
Editor's Note: Original Subsection D, as amended 5-5-1986 by Ord. No. 519, which set forth physical qualifications, was repealed 1-24-1996 by Ord. No. 710.
E. 
He shall be of good moral character and have a record free of any conviction of any crime or indictable offense or any crime or offense involving moral turpitude.
F. 
He shall be a holder of a valid New Jersey driver's license with no history of a poor driving record.
G. 
He shall meet all the minimum requirements expressed from time to time by the laws of the State of New Jersey. Should there be any conflict between the requirements as set forth herein and the requirements of the statutes of the State of New Jersey, the statutes of the State of New Jersey shall apply.
A. 
Each applicant shall also be fingerprinted and the fingerprints filed with the New Jersey State Police and the Federal Bureau of Investigation and shall consent to a thorough background and character investigation prior to appointment if required by the Chief of Police.
B. 
All applicants shall be required to be able to pass such written and oral examination as selected and prepared by the Chief of Police and approved by the Township Committee.[1]
[1]
Editor’s Note: Former Subsection C, regarding the requirement of six months’ residency, and Subsection D, regarding the residency requirement exception for county residents, which immediately, respectively, followed this subsection, were repealed 5-18-2011 by Ord. No. 1031-11.
It shall be the duty of the Chief of Police to prepare a payroll on the first day of each month, certifying the number of policemen and the amount due to each, which payroll shall be submitted to the Township Committee of the Township of Rochelle Park, and if found to be correct by the Township Committee and so certified to, the Treasurer of the Township of Rochelle Park shall be authorized to pay the amount set forth in said certificate; and in all cases where the Chief of Police shall have deducted any pay from the salary of any policeman for absence from duty and any dispute shall arise concerning the correctness of said deduction, the Township Committee of the Township of Rochelle Park shall decide as to whether an allowance is to be added to the amount due such policeman on the next payroll.
[Amended 1-24-1996 by Ord. No. 710]
A. 
The duties of the Chief of Police shall be as annunciated in N.J.S.A. 40A:14-118. In addition to the duties annunciated therein, the Chief shall operate where there is a police emergency that presents a threat to the safety and welfare of the persons within the Township of Rochelle Park or a threat to structure or damage to property belonging to the residents, individuals or businesses of the Township of Rochelle Park.
B. 
It is understood that the powers granted to the Chief herein relate to police powers. All other matters relating to civil defense and disaster control shall come under the jurisdiction of the Municipal Disaster Control Director, whose duties are set forth in the State Emergency Operations Plan of December 1990, N.J.S.A. App. A:9-33.1 et seq. The power to declare an emergency shall be under the jurisdiction and control of the Township Committee.
[Added 1-24-1996 by Ord. No. 710]
A. 
"Emergency" shall be defined as a circumstance, situation or condition of vehicular movement, unlawful activity, public gathering, a condition which tends to endanger the welfare and safety of the public or a disturbance of the peace which may reasonably tend to result in damage to or destruction of property located within the Township.
B. 
In case of emergency, as declared by the Township Committee, the Chief may take all lawful action which is necessary and reasonable to curtail or reduce such emergency. This shall include:
(1) 
The redirection of traffic.
(2) 
The posting of EMERGENCY - NO PARKING signs and the prohibition of parking on streets in such areas as are designated by such signs, to include either one or both sides of each street area.
(3) 
Increasing normal police patrol activities or presence until such time as the emergency has passed.
(4) 
Directing other agencies of the Township to render such assistance as may be required to respond to the declared emergency.
[Added 1-24-1996 by Ord. No. 710]
Any person failing to heed the instructions or directions of the police officers at the scene, as set forth above, shall be subject to a fine of not more than $1,000 and/or incarceration for a term of not more than 90 days.
Each and every policeman shall make complaint to the Municipal Court of every person known to him to have violated an ordinance of the Township of Rochelle Park and shall have the power to arrest in all criminal cases, without warrant in case such policeman shall be an eyewitness to the commission of the offense, and also to arrest all vagrants, drunkards, prostitutes and all persons discharging firearms or exposing his or her person in an indecent manner or exposing for sale any indecent book, picture or print.
[Amended 5-5-1986 by Ord. No. 519; 1-25-1995 by Ord. No. 687]
No member of the Police Department shall be removed from office or employment in such Police Department for political reasons or for any other cause than incapacity, misconduct or disobedience of just rules and regulations established or which may be established for the Police Department in the Township of Rochelle Park; provided, however, that any member of the Police Department who shall be absent from duty without just cause for a term of five days continuously shall, at the expiration of said five days, cease to be a member of the Police Department. No person, whether an officer or employee of the Police Department, shall be removed from office or employment therein except after just cause as herein provided and then only after written charge or charges of the cause or Causes of the complaint have been preferred against such officer or employee, signed by the person or persons making such charge or charges and filed in the office of the Chief of Police, and a copy shall be served upon the member or officer so charged with notice of a designated hearing before the Township Committee or other appropriate authority as designated by the Township Committee. Appropriate authority shall be the Mayor, the entire Township Committee or a subcommittee of said body, including the Township Administrator or an independent hearing officer. Said notice shall provide for a designated hearing date within 30, but not less than 10 days from the service of the complaint.
[Amended 1-25-1995 by Ord. No. 687; 1-24-1996 by Ord. No. 710; 3-20-2013 by Ord. No. 1055-13]
A. 
Each member of the Police Department shall be presented with a copy of the printed rules and regulations of the Police Department. It shall be the member’s duty to follow the provisions of these rules and regulations and, where necessary, to enforce the provisions of these rules and regulations against other members of the Department.
B. 
The rules and regulations of the Department have been adopted by the “Appropriate Authority” and are hereby ratified and adopted.
C. 
Said rules and regulations shall be on file and available for inspection during business hours in the office of the Chief of Police or the Municipal Clerk.
Any member of the Police Department may be removed from office as provided by law, in addition to any other punishment to which he may be subject by law, against whom any of the following charges may be substantiated:
A. 
Intoxication while on or off duty.
B. 
Willful disobedience of orders.
C. 
Indecent, profane or harsh language.
D. 
Disrespect to a superior.
E. 
Unnecessary violence to prisoners and citizens.
F. 
Leaving his beat without good reason.
G. 
Neglect in paying his just debts for rent or necessaries contracted while on the force.
H. 
Immorality, indecency or lewdness.
I. 
Absence without leave.
J. 
Incompetency, lack of energy and incapacity, mentally or physically.
K. 
Entering, while on duty, a house of prostitution or assignation, gambling houses or rooms or businesses where alcoholic beverages are for sale, unless in the discharge of his duty.
[Amended 5-5-1986 by Ord. No. 519]
L. 
Sleeping on duty.
M. 
Neglect of duty.
N. 
Violating any criminal law or penal ordinance.
O. 
Making known any proposed movement of the Department.
P. 
Conduct unbecoming an officer and a gentleman.
Q. 
Conduct subversive of good order and the discipline of the Department.
R. 
Willful maltreatment of a prisoner or citizen.
S. 
Refusing to do duty of any kind, whenever necessity requires, whether on patrol or elsewhere and whether in uniform or not.
The provisions of an Act entitled "An Act Providing For the Pensioning of Police Officers and Policemen in Certain Municipalities of This State," Chapter 72 of the Laws of 1911, its amendments and supplements,[1] are hereby adopted relative to the pensions for the Police Department of the Township of Rochelle Park.
[1]
Editor's Note: For current provisions, see N.J.S.A. 43:16-1 et seq. and N.J.S.A. 43:16A-1 et seq.
[Added 9-18-2002 by Ord. No. 863-02]
A. 
Promotion policy. Promotion denotes vertical movement in the organization hierarchy from one rank classification to another. Validity of the promotional process can only be accomplished through clear and concise procedures. A promotional process has been developed to identify employees who possess the ability to assume greater responsibilities combined with the necessary skills and knowledge to perform competently at a higher organizational level. This policy is established for the position of Sergeant.
B. 
Eligibility for promotion. In order to be eligible for promotion from patrol officer to the rank of Sergeant, said officer must serve for a period of seven full calendar years as a patrol officer within the Township of Rochelle Park before the effective date of promotion.
C. 
Promotional criteria. All candidates seeking promotion to the rank of Sergeant shall be evaluated based upon the following criteria:
(1) 
Written examination: 20% of total score.
(2) 
Oral in-house examination: 20% of total score.
(3) 
Job performance evaluation: 20% of total score.
(4) 
Seniority: 20% of total score.
(5) 
Township Committee interview: 20% of total score.
(6) 
In addition to the foregoing, a psychological test shall be conducted which a candidate must pass in order to be eligible for promotion. The psychological testing shall be on a pass/fail basis.
(a) 
Written examination.
[1] 
All candidates for promotion shall submit to a written examination. The written examination shall be administered by the New Jersey State Chiefs of Police Association, the State of New Jersey Department of Personnel or any other standardized promotional examination selected at the discretion of the Township Committee.
[2] 
At least 60 days prior to the date a written examination is scheduled, a notice shall be posted at the Police Department that will set forth the following:
[a] 
Position available through promotion.
[b] 
Date die examination will be conducted.
[c] 
The location of the examination.
[d] 
The time the examination will begin.
[e] 
A list of study materials.
[3] 
The written examination shall be graded. The applicant shall receive the following percentages towards overall score based upon the score attained on the written examination:
[a] 
Sixty-five to 70: 5%.
[b] 
Seventy-one to 80: 10%.
[c] 
Eighty-one to 90: 15%.
[d] 
Ninety-one to 100: 20%.
(b) 
Oral in-house examination.
[1] 
All candidates participating in the written examination phase shall be eligible to participate in the oral in-house examination phase. The in-house examination shall be conducted by the Chief of Police, together with up to two additional members of the Rochelle Park Police Department to be selected by the Chief of Police.
[2] 
Candidates shall be notified by the Chief of Police of their scheduled examination date at least 10 days prior to the date.
[3] 
The in-house examination shall consist of a number of questions, not to exceed 10, posed to the candidate to which the candidate must provide oral answers. The same questions shall be given to each of the candidates. The Chief of Police and/or his committee shall provide the following percentages towards the candidate's overall score:
[a] 
Sixty to 70: 5%.
[b] 
Seventy-one to 80: 10%.
[c] 
Eighty-one to 90: 15%.
[d] 
Ninety-one to 100: 20%.
(c) 
Job performance.
[1] 
The job performance of each applicant shall be evaluated based upon a standardized checklist to be developed by the Chief of Police, and job performance evaluation shall include attendance, awards received, ability to relate to members of the public, ability to handle emergencies, computer skills, knowledge of current law and arrest procedures. The checklist shall also include such other information as the Chief of Police shall deem appropriate.
[2] 
Upon evaluation of the standardized checklist, the Chief of Police shall assign a percentage to the scores, which percentage shall be counted towards the overall evaluation score. The maximum score to be assigned shalt be 20% and the minimum shall be 5%.
(d) 
Seniority. Seniority will be assessed as one of the stages of the promotional process. Seniority shall be determined by the number of years of service completed, commencing on the date on which the employee was sworn in or the date first placed on the payroll, whichever date first occurred. Seniority shall count in the following percentages towards the overall score:
[1] 
From seven years through 12 years: 3%.
[2] 
From 13 years through 15 years: 5%.
[3] 
From 16 years through 18 years: 10%.
[4] 
From 19 years through 20 years: 15%.
[5] 
Twenty-one and up: 20%.
(e) 
Personal interview by Township Committee. A personal interview shall be conducted with all candidates for promotion. The information to be viewed during the interview will come from each candidate's personnel file. Each candidate shall be given the opportunity to make a personal statement if he or she chooses to do so. Each Township Committee member shall grade each candidate based on the interview. The maximum attainable score for the interview shalt be 20%, which shall be determined based upon the average of each individual Committee member's score. Factors to be considered by the Township Committee in scoring the candidate's interview shall include:
[1] 
Town volunteerism.
[2] 
Education.
[3] 
Department assignments.
[4] 
Training.
[5] 
Supervisory experience.
[6] 
Attitude.
[7] 
Use of sick time.
[8] 
Appearance and demeanor.
[9] 
Rapport with fellow employees and the public.
[10] 
Relevant life experience, including military or other job experience.
[11] 
Such other information deemed relevant by the Township Committee.
(f) 
Total evaluation score.
[Amended 10-20-2010 by Ord. No. 1022-10]
[1] 
Each of the five foregoing criteria categories shall be worth up to twenty percentage points. The total candidate score shall be determined based upon adding the total percentage points from each category.
[2] 
The total score shall be used in determining promotional opportunity. The Township Committee reserves the right, however, to promote based upon their sole discretion, notwithstanding the total evaluation score set forth herein. The ultimate decision regarding promotion, therefore, rests with the Township Committee. The total evaluation score determined pursuant to this article shall be used for consideration in the promotional process for a period of three years from the date that the score is determined. After three years, the process must be reinstituted.
[Added 3-21-2012 by Ord. No. 1046-12]
A. 
Promotions.
(1) 
The Township Committee desires to promote the most qualified candidates to positions of higher rank. This section establishes the eligibility requirements and the process for promotion for all higher ranks with the exception of promotion to the rank of Sergeant which is controlled by the preceding section of this article.
(2) 
The promotion process shall be on the basis of merit, experience, education and demonstrated ability. In accordance with the provisions of N.J.S.A. 40A:14-129, no person shall be eligible for promotion to be a superior officer unless he or she has previously served as patrol officer in such department or force.
B. 
Promotional standards to rank of Lieutenant. Candidates for the position of Lieutenant shall participate in a promotional procedure administered by the Township Committee which shall consist of the following:
(1) 
Interview with the appropriate authority, Township Committee and Police Chief; interview to include review of leadership, performance, seniority and education.
(2) 
Leadership evaluation: poise, alertness, ability to communicate clearly and effectively, and ability to effect good work and public relations and moral character.
(3) 
The candidate must either hold the rank of Sergeant or possess at least 15 years' experience as a police officer.
C. 
Promotional standards for promotion to rank of Captain. The Township of Rochelle Park requires that the Captain shall have held the rank of Sergeant and/or Lieutenant with the Township of Rochelle Park Police Department. Candidates for the position of Captain shall participate in a promotional procedure administered by the Township Committee which shall consist of the following:
(1) 
Interview with the appropriate authority, Township Committee and Police Chief; interview to include review of leadership, performance, seniority and education.
(2) 
Leadership evaluation: poise, alertness, ability to communicate clearly and effectively, and ability to effect good work and public relations and moral character.
(3) 
Candidate shall possess a minimum of five years' supervisory and management experience in law enforcement as a Lieutenant or Sergeant.
D. 
Chief of Police qualifications. Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the Township Committee and the appropriate authority. The Township Committee and appropriate authority shall consider the following:
(1) 
The candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management, ability, general knowledge of local government and N.J.S.A. 40A:14-118, the candidates' poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations and moral character.
(2) 
Candidates should have at least five years' supervisory experience in the rank of Captain or Lieutenant.