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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
Note: The enabling statute for ordinances relating to the Police Department is N.J.S.A. 40A:14-118 et seq.
[1972 Code § 4-1; Ord. No. 74-5 § I; Ord. No. 96-10 § 1; Ord. No. 98-5 § 1; Ord. No. 98-12 § 1; Ord. No. 99-5 § 1; Ord. No. 01-12 § 1; Ord. No. 07-23 § 1; New; Ord. No. 11-20; Ord. No. 14-13; Ord. No. 2016-14; amended 3-21-2018 by Ord. No. 18-04; 11-21-2018 by Ord. No. 18-33]
a. 
The Police Department of the Borough of Woodland Park is hereby established.
b. 
The Table of Organization for the Police Department of the Borough of Woodland Park shall be as follows:
1. 
Police Chief.
2. 
Two Captains.
3. 
Three Lieutenants.
4. 
Six Sergeants.
5. 
Fifteen patrol officers.
6. 
Such other probationary officers, special police, police matrons, marshals, traffic officers, school traffic officers, radio communications officers, and other personnel as the Council may, from time to time, authorize in accordance with applicable statute, rule or regulation.
c. 
The existing full-time Police Department and the status, tenure and rights of the members thereof are continued in force in all regards except to the extent of the force reduction provided for herein.
d. 
It must be noted that any position which is currently occupied by a member of the Police Department and slated for reduction shall remain active and on the Table of Organization until a vacancy is created in the said position.
e. 
Notwithstanding the limitations set forth above, no officer who is currently employed by the Borough shall be removed from his position or reduced in rank as a result of this Table of Organization; however, in the event of a vacancy occurring in any of the Lieutenant positions, the number of Lieutenants shall immediately be reduced to three.
[Ord. No. 96-10 §§ 3, 4; deleted by Ord. No. 2017-26]
[Ord. No. 96-10 §§ 5—7; deleted by Ord. No. 2017-26]
[1972 Code § 4-2; New]
The Police Department, through the Chief of Police, shall:
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations not inconsistent with the ordinances of the Borough for these purposes.
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of public amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.
Respond to all fire alarms and assist the Fire Department in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of the Fire Prevention Code. The Chief of the Fire Department may request the Chief of Police or the Officer in charge at the time of any emergency to provide the assistance of the Police reserves.
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of Federal, State and County governments.
Operate a training program to maintain and improve the efficiency of the members of the Police Department.
Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the Department.
[1972 Code § 4-3; Ord. No. 2017-26]
No person shall be appointed to the Police Department who is not qualified as provided in New Jersey Statutes and Regulations. The selection criteria for a Police Officer shall be established in Department Policy consistent with New Jersey Statutes and Regulations.
[1972 Code § 4-4]
Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath to bear true faith and allegiance to the government established in this State, to support the Constitution of the United States of America and the State of New Jersey, and to faithfully, impartially and justly discharge and perform all the duties of his office. This oath or affirmation shall be filed with the Municipal Clerk.
[1972 Code § 4-6; Ord. No. 2017-26 § 2]
All appointments and promotions to positions covered by Civil Service shall be made in accordance with the appropriate civil service statutes and rules and regulations.
[1972 Code § 4-7; New; Ord. No. 2017-26 §§ 2,4]
The probationary period shall be in compliance with the New Jersey Administrative Code and Civil Service Regulations.
[1972 Code § 4-9.1; Ord. No. 03-18; New; Ord. No. 2017-26 §§ 2, 5]
There is hereby created within the Police Department the position of Chief of Police. The Chief of Police shall be directly responsible to the Mayor, as the Appropriate Authority, for the efficiency and routine day-to-day operations thereof, pursuant to policies established under N.J.S.A. 40A:14-118. The Chief of Police shall:
a. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
b. 
Have, exercise, and discharge the functions, powers and duties of the force.
c. 
Prescribe the duties and assignments of all subordinates and other personnel.
d. 
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.
e. 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.
[1972 Code § 4-9.2; deleted by Ord. No. 2017-26 § 1]
[1972 Code § 4-10; Ord. No. 2017-26 § 2]
The powers and duties of the members of the Police Department, including Temporary Officers and Special Law Enforcement Officers, shall be those prescribed by the laws of the State of New Jersey governing municipal Police Departments generally, by the Charter, ordinances and resolutions of the Borough and any rules and regulations which may be established by the Chief of Police.
[1972 Code § 4-12; New; Ord. No. 2017-26 § 2]
Full-time member and employees of the Police Department shall receive annual vacation leaves in accordance with the effective collective bargaining agreement.
[1972 Code § 4-13.2; Ord. No. 2017-26 §§ 2, 6]
Discipline of employees and police officers will be imposed consistent with New Jersey State Statutes and Regulations and the Rules and Regulations of the Woodland Park Police Department. The written charges will be proffered by the Chief of Police or designee as provided in the New Jersey Statutes, Regulations and the Rules and Regulations of the Woodland Park Police Department. Police officers, special police officers, and employees may also be subject to discipline for violating other statutes, ordinances, and/or policies.
[1972 Code § 4-14; Ord. No. 2017-26 § 2]
Upon his appointment there shall be furnished to each Police Officer a uniform, badge and other necessary equipment, at the expense of the Borough, which shall remain the property of the Borough and which shall be maintained by the officer in a clean and usable condition. In addition, an inventory of the uniforms and equipment shall be taken by the Chief of Police at the end of each calendar year to determine the need for replacement or new appointment. In the event that equipment may be needed or replaced, the Chief of Police shall make a recommendation to the Mayor and Council.
[1972 Code § 4-15; Ord. No. 2017-26 § 2]
All firearms which may be provided by the Borough shall remain the property of the Borough.
[1972 Code § 4-17; New; Ord. No. 2017-26 § 2]
The Mayor may appoint any number of Special Law Enforcement Officers as the Council may authorize, for a term not exceeding one (1) year, and revoke appointments without cause or hearing. Special Law Enforcement Officers shall carry out their duties and responsibilities under the direction and supervision of the Chief of Police and their powers, rights and duties shall be specifically defined by the Chief of Police. The powers, rights and duties, however, shall immediately cease at the expiration of the term for which they were appointed, or upon revocation of their appointment. The aforesaid Special Law Enforcement Officers shall not carry a revolver or other weapon at any time except as otherwise directed by the Chief of Police and qualified as required by Statutes.
No person shall be appointed as a Special Law Enforcement Officer unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified, of good moral character, and shall not have been convicted of any crime. Reports shall be made by the Chief of Police to the Mayor concerning the eligibility and qualifications of any person proposed to be appointed as a Special Law Enforcement Officer.
Editor's Note: Prior ordinance history: 1972 Code § 4-18; Ordinance No. 80-4.
[Ord. No. 2017-26 §§ 2, 7]
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby designated as the appropriate authority, and is hereby vested with the powers and duties of an appropriate authority as delegated by law.
a. 
The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for their enforcement. All employees of the Police Department shall be subject to such rules and regulations and penalties.
[Ord. No. 2017-26 §§ 2, 7; Ord. No. 2017-29]
b. 
The Revised Rules and Regulations of the Woodland Park Police Department, attached hereto, are hereby adopted by reference on October 4, 2017 by Ordinance No. 17-29.
[Ord. No. 2017-29]
[Ord. No. 01-10 § 4-19; Ord. No. 11-17; Ord. No. 14-17; Ord. No. 2017-26 §§ 2, 8]
a. 
Policy. Members of the Police Department shall be permitted to accept employment as safety or security personnel for private employers only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough.
b. 
Requesting Assignment of Off-Duty Police Officers-Procedure. Any organization or contractor wishing to employ off-duty police shall first obtain the approval of the Chief of Police which approval shall be granted if, in the opinion of the Chief of Police such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.
Any organization or contractor that desires to employ off-duty members of the Department shall submit the request in writing to the Chief of Police on a form prescribed by the Chief of Police. The organization or contractor shall hold the Borough harmless from any and all claims that may arise as a result of the assignment of the member to the organization or contractor. In addition, the organization or contractor shall submit with its application a Certificate of Insurance that shows evidence of not less than $1,000,000 in both personal liability and comprehensive general liability insurance and $300,000 in property damage coverage as well as a Certificate of Workmen's Compensation Insurance. A non-profit, religious or charitable organization may submit a Certificate of Insurance in coverage amounts less than set forth herein upon the organization's representation contained in its request that obtaining the required coverage would impose an undue hardship on the organization, and approved by the Governing Body.
c. 
Payment. Private employers shall pay to the Chief Financial Officer of the Borough of Woodland Park, such hourly sum as is set forth herein or as may be fixed from time to time by an ordinance adopted by the Governing Body as compensation for such services. The Borough shall remit to the member of the Police Department performing such off-duty service, a portion of said hourly rate and the balance shall be retained by the Borough for administrative expenses all as established by this section or by future resolution of the governing body.
If the estimated aggregate value of the services to be rendered exceeds $1,000, the Borough may require the contractor or organization to pay for the services in advance, whereby the funds shall be placed in escrow and disbursed through payroll. The amount collected will be based on an estimate of total number of hours required times the hourly rates identified herein. Additional amounts shall be deposited with the Borough if the actual expenses consume all of the deposited funds. Police services may be discontinued until sufficient funds are deposited. Any excess funds collected will be returned to the contractor or organization 30 days after the last payroll in which employees are paid for related services.
Upon completion of the off-duty work, the Police Department shall prepare and submit to the private contractor an invoice of the total cost for such off-duty work performed, which shall be paid (in full) to the Borough within 15 days of being invoiced. The Borough will pay the police officer(s) who provided off-duty services as soon as the contractor's payment has been declared valid.
d. 
Off-duty police rate and fee schedule.
1. 
The contractor will pay a permit fee to be paid to the Borough of Woodland Park in the amount of $60 for each application.
2. 
The contractor(s) will be charged $95 per hour for traffic control and security. This hourly charge will then be distributed in the following manner: The Borough will receive $15 per hour for administrative costs and $5 per hour for vehicle maintenance. The remaining $75 per hour will be paid to the off-duty police officer. Please note that the contractor(s) will be charged the above-stated rates for each additional police officer.
[Amended 12-18-2019 by Ord. No. 19-14]
3. 
Effective January 1, 2022, the contractor(s) will be charged $100 per hour for traffic control and security. This hourly charge will then be distributed in the following manner: The Borough will receive $15 per hour for administrative costs and $5 per hour for vehicle maintenance. The remaining $80 per hour will be paid to the off-duty police officer. Please note that the contractor(s) will be charged the above-stated rates for each additional police officer.
[Amended 12-18-2019 by Ord. No. 19-14]
4. 
Nonprofit/charitable organizations: rate may vary, not to exceed $60 per hour paid to the off-duty officer(s).
e. 
Lien for unpaid invoice. If such invoice is not paid in full within 15 days, a lien is hereby created in favor of the Borough of Woodland Park upon the property and the owner of the property at which the work was performed as appears on the most recent tax roll prepared by the Tax Collector. The lien shall be in the amount of the total invoice plus costs, fees, expenses, including attorneys' fees, and shall bear interest at the rate provided by law for unpaid taxes. Such lien shall be prior to all other liens on such lands or premises except the lien of municipal taxes and shall be on parity with the lien of municipal taxes. Such lien, when delinquent for more than 15 days, may be processed for foreclosure in the same manner as delinquent municipal taxes.
f. 
Traffic plan approval. If the off-duty work involves a contract to be done in or on the roadways located within the Borough, a traffic plan must be submitted and approved by the Police Department before work can commence.
[Ord. No. 77-3 § I; Ord. No. 2017-26 § 2]
The Mayor may appoint any number of Police Radio Dispatchers as he deems necessary.
[Ord. No. 77-3 § II; Ord. No. 2017-26 § 2]
Persons appointed Police Radio Dispatchers pursuant to this section shall be subject to Title II of the laws of the State of New Jersey.
[Ord. No. 77-3 § III; Ord. No. 2017-26 § 2]
No person shall be appointed a Police Radio Dispatcher under this section unless he or she:
a. 
Is a citizen of the United States.
b. 
Is a resident of the Borough of Woodland Park.
c. 
Is able to read, write, speak, and understand English sufficiently to perform the duties of this position.
d. 
Has some knowledge of the laws, rules, regulations, standards, policies, and procedures of the Federal Communications Commission and some knowledge of the proper procedures used in taking accurate teletype messages.
e. 
Has the ability to work harmoniously with others and organize assigned work and develop effective work methods and learn quickly from written and oral explanations and demonstrations.
f. 
Has good health and freedom from disabling physical and mental defects which would impair the proper performance of the required duties and which might endanger the health and safety of oneself or others.
[Ord. No. 77-3 § IV; Ord. No. 2017-26 § 2]
The Police Radio Dispatchers shall perform the following duties:
a. 
Operate the police desk so as to receive and relay messages to police patrol vehicles or other concerned personnel;
b. 
Operate a teletype machine for transmitting and receiving all teletype messages;
c. 
Receive complaints from the public concerning crimes and police emergencies;
d. 
Broadcast orders to police radio patrol vehicles or patrolmen to investigate complaints;
e. 
Relay instructions or questions from remote units;
f. 
Record calls broadcasted and complaints received;
g. 
May relay emergency calls and messages to fire, ambulance or other emergency units;
h. 
Receive and file messages received on the police teletype;
i. 
Operate a telephone switchboard;
j. 
Prepare and maintain a variety of records such as police logs, blotters and files convening roll call, assignments, complaints, radio and teletype alarms and messages;
k. 
Receive visitors, ascertain their wants, provide them with information and/or direct them to proper persons;
l. 
May check and make minor repairs and adjustments to radio and teletype equipment; and
m. 
Do related work as required by the Chief of Police.
[Ord. No. 77-3 § VI; Ord. No. 2017-26 § 2]
All Police Radio Dispatchers appointed hereunder shall be under the supervision and direction of the Chief of Police with all the rules and regulations applicable to the conduct and decorum of Police Radio Dispatchers as set forth and promulgated by the Chief of Police.
[Ord. No. 2017-26 §§ 2, 8]
The Mayor may appoint a member of the Municipal Council to the position of Public Safety Chairperson for a term of one year and revoke the appointment at any time without cause.
[Ord. No. 2017-26 §§ 2, 8]
The Public Safety Chairperson shall perform those duties delegated and specifically defined by the Mayor pursuant to his executive power.
[Added 12-18-2019 by Ord. No. 19-15]
The position of Police Chaplain for the Borough of Woodland Park Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position of Chaplain shall be under and subject to the control of the Chief of Police.
Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. All Chaplains shall be subject to the residency requirements of the Code of the Borough of Woodland Park. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Borough of Woodland Park and shall be qualified in accordance with N.J.S.A. 40A:14-141.
The duties of Police Chaplain shall include, but not be limited to, assisting the Borough of Woodland Park in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.
Any person appointed as Chaplain shall serve for a period of one year from date of appointment and shall continue in that capacity until he/she is terminated or reappointed with the recommendation of the Chief of Police.
The Chief of Police may recommend to the Mayor persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Borough of Woodland Park Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police and the Chairperson of Public Safety to determine his/her qualifications in accordance with this section, and they shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor shall appoint Chaplains in accordance with this section with the advice and consent of Borough Council.