[Adopted 9-12-1962 by Ord. No. 455; amended
in its entirety 2-14-1984 by Ord. No. 84-776 (Ch. 84, Art. I, of
the 1966 Code)]
[Amended 12-8-1987 by Ord. No. 87-851; 11-10-1988 by Ord. No.
88-877; 6-14-2011 by Ord. No. 2011-1343]
A.
Pursuant to the
authority granted by N.J.S.A. 40A:14-118, the Borough of Montvale
hereby establishes a Police Department in and for the Borough of Montvale,
New Jersey, to consist of the following positions, and the maximum
number of individuals assigned to each respective rank, as follows:
(1)
Chief of Police: one.
(2)
Captain: one.
(3)
Lieutenant: three.
[Amended 2-14-2017 by Ord. No. 2017-1422]
(4)
Sergeant: five.
(5)
Patrol officers: 18. See Subsection C below.
[Amended 8-11-2015 by Ord. No. 2015-1404; 2-14-2017 by Ord. No. 2017-1422; 6-14-2022 by Ord. No. 2022-1521]
(6)
Class One Special Law Enforcement Officers (SLEO
I) who may from time to time be appointed and who shall serve at the
pleasure of the governing body for a term not to exceed one year,
which officers shall not be members of the regular police force but
shall nevertheless be under the control and supervision of the Chief
of Police: as necessary.
[Amended 5-30-2017 by Ord. No. 2017-1427]
(7)
Class Three Special Law Enforcement Officers (SLEO
III) who are retired regular police officers and who may from time
to time be appointed and shall serve at the pleasure of the governing
body for a term not to exceed one year, which officers shall not be
members of the regular police force but shall nevertheless be under
the control and supervision of the Chief of Police for use solely
as school security officers as detailed in N.J.S.A. 40A:14-146.10
et seq., as necessary.
[Added 5-30-2017 by Ord.
No. 2017-1427]
B.
This section shall
not be construed as establishing any right on the part of any member
or members of the Police Department to appointment to any position
within the Department, nor shall it be construed as terminating or
interrupting any period of service or tenure of any member of the
Montvale Police Department. The existence and continuance of any of
the above-specified offices and the number of appointees to each such
office shall be determined by the governing body as it may, from time
to time, in its sole discretion, deem reasonably necessary for the
efficient and effective operation of the Department.
C.
In the event that there is an unfilled vacancy in
any of the superior officer positions, the maximum number of patrol
officers shall be increased by the number of such vacancies. However,
in no event shall the maximum number of officers in the Police Department,
including the Chief, Captain, Lieutenants, Sergeants and patrol officers,
but excluding auxiliary police officers and special law enforcement
officers, exceed 28 members.
[Amended 8-11-2015 by Ord. No. 2015-1404; 2-14-2017 by Ord. No. 2017-1422; 5-30-2017 by Ord. No. 2017-1427; 6-14-2022 by Ord. No. 2022-1521]
D.
The Mayor and Council of the Borough of Montvale
shall be deemed to be the "appropriate authority" for purposes of
the Borough Code and N.J.S.A. 40A:14-118.
[Added 3-11-2014 by Ord. No. 2014-1385]
The Mayor, at the annual meeting of the Borough
Council, shall appoint a Police Commissioner and a Deputy Police Commissioner,
who shall be members of the Borough Council. Said appointments may
be revoked at any time by the Mayor.
The Police Commissioner shall act as liaison
and shall furnish a written report to the Mayor and Council at their
first regular meeting in each month, which report shall cover the
detailed operations of the Police Department for the preceding month.
He shall at all times be subject to the ultimate control of the Mayor
and Council.
The Deputy Police Commissioner shall act only
in the case of the absence of the Police Commissioner at all times
during his absence from the Borough. He shall succeed to the duties
and powers of the Police Commissioner in the same manner as the President
of the Council succeeds to the duties of the Mayor as now or hereafter
provided by law.
A.
The Chief of Police
shall be the executive officer of the Police Department who shall
be appointed by the Mayor and Council. He shall obey and cause the
members of the Police Department under his command to obey the ordinances
and rules and regulations of the municipality as promulgated by the
Mayor and Council, the laws of the State of New Jersey and the United
States and shall effect and enforce the general orders within the
Department. He shall be held responsible for the efficiency, general
conduct, appearance and good order of the Department and shall promptly
report to the administrator each and every case of dereliction of
duty coming to his attention, as well as any and all complaints made
against any member of the Department.
B.
The Chief of Police
shall repair to the scene of any riot or tumultuous assemblage, take
charge of the police present and use every exertion to save property,
disperse mobs and arrest such persons he may find to be engaged in
disturbing the peace or abetting others to do so. He shall at all
time be vigilant in suppressing all violations of the laws of this
state and the ordinances of the Borough of Montvale, New Jersey. He
shall further maintain an awareness of lawlessness in the community
and such other matters relating to the public safety and general welfare
of the citizenry.
C.
The Chief of Police
shall keep in his office a record in which shall be entered the names,
addresses and telephone numbers of each member of the Department and
a record of any pertinent information relative to actions, progress,
etc., pertaining to each member. He shall post in police headquarters
copies of the ordinances to establish, maintain and regulate the Police
Department of the Borough of Montvale, all amendments thereto, rules
and regulations and general orders of the Police Department, as approved
and revised by the Mayor and Council of the Borough of Montvale. He
shall be in control of and be responsible to the Mayor and Council
for all equipment and all property of the Borough of Montvale issued
to members of the Department for or while rendering services as a
police officer for the Borough of Montvale and shall, at the end of
each year, make an inventory of all such property and submit a copy
of such inventory as a special report to the Mayor and Council at
the end of such year. The Chief of Police shall certify the hours
of active duty and other special details and assignments required
from time to time by the members of the Department.
D.
The Chief of Police
shall, with the assistance of and by designation of such superior
officers as may be required for that purpose, keep in police headquarters
the police blotter, in which shall be entered a record of all complaints
and reports received by the Department, the name and address of the
person or persons making such complaints, the nature of the complaint
or report and the disposition of the same. There shall also be entered
in the police blotter the personnel absentees and those present each
day and other pertinent information for or pertaining to the records
of the Department. The material herein required shall be set forth
in said blotter in a form to be prescribed by the Chief of Police.
Names and addresses may be withheld in the discretion of the Chief
to the extent reasonably required to protect ongoing investigations
and the personal rights and safety of persons involved in reported
incidents.
E.
The Chief of Police
shall designate or approve the day and night patrols and the tours
of duty and the members who shall fulfill such patrols and tours of
duty; arrange and determine special assignments and details; and provide
for proper traffic regulations and control, subject to the confines
of the budget allocated for the efficient operation of the Department.
F.
The Chief of Police shall be empowered to temporarily suspend any member or members of the Department for a willful violation or disregard of a law, ordinance, rule, regulation or order, pending final disposition to be made by the Mayor and Council as provided in § 84-10.
G.
The Chief of Police
shall be empowered to temporarily appoint such additional special
law enforcement officers as shall be necessary in the case of an emergency,
and such appointments shall be vested with full power and lawful authority
as is delegated to any member of the Police Department until the close
of the Council meeting following such appointment. Such appointments
in an emergency shall only be made in the event of the inaccessibility
or unavailability of the Mayor or in the further event that the emergency
does not allow time for consultation with the Mayor. When made, the
Chief shall nevertheless, as soon thereafter as is practicable, confer
with the Mayor or, in his absence, the succeeding executive of the
governing body, who shall thereafter convene a meeting of the governing
body for the purpose of authorizing, where necessary, the retention
of manpower as temporarily appointed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
The Chief of Police
shall be responsible for maintaining the security of all weapons,
equipment, matters of evidence and documents which are the property
or which come into the possession of or are entrusted to the Department
in the performance of its operation and for maintaining confidentiality
with matters under investigation.
I.
A record shall
be maintained of any meritorious or special service by a member or
members of the Department.
During the absence of the Chief of Police, the
officer of next highest rank shall assume full control and command
of the Police Department and shall perform all of the duties of the
Chief of Police, unless otherwise ordered by the Chief to the contrary.
In the event of two or more officers of equal rank being next in succession,
the officer with greatest seniority shall assume the duties of the
Chief of Police.
Subject to the provisions of § 84-6, each ranking officer and patrol officer shall perform such duties as prescribed by the Chief of Police or by his or her commanding officer, as such orders may be delegated through the Chief of Police or authorized by the rules and regulations and general orders of the Department. They shall, to the extent that they are the ranking officers or, in the instance of two or more ranking officers on the same tour, then the ranking officer with the greatest seniority, unless otherwise prescribed by the Chief, have immediate supervision and control the tour of duty to which they shall be assigned and the patrol officers on such tour, provided that where no ranking officer is assigned to a prescribed tour, then the patrol officer with greatest seniority shall assume the duties of commanding officer unless otherwise directed by the Chief. They shall promptly obey all orders received from their superior officers and shall set an example of sobriety, discretion, industry and promptness and shall instruct patrol officers in their duties. They shall report to the Chief of Police or, during his absence, the commanding officer all delinquencies or violations on the part of any member or members of the Department which may be brought to their attention. Within the scope of their responsibility, such shall be subject to all such laws of the State of New Jersey as have been or may be passed for the conduct, benefit and protection of police, officers or employees of the Police Departments in the State of New Jersey. Furthermore, they shall be familiar with, subscribe to and abide by the rules and regulations provided in this article, as each may be amended and supplemented, together with the general orders as established by the Chief of Police.
[Amended 12-8-1987 by Ord. No. 87-851]
As designated, detectives, including those holding the rank of Detective Sergeant, shall perform all of the duties as provided for in § 84-7, including those of a uniformed police officer, subject to special investigative duties as assigned by the Chief of Police. Except as may be in conflict with any order of the Chief, those officers assigned to the Detective Bureau shall promptly obey all orders received from their superior officer. Except as authorized by the governing body, the scope of investigations to be authorized or conducted shall be limited to the Borough of Montvale.
A.
It shall be the
duty of every member of the Police Department of the Borough of Montvale
to acquaint himself or herself at all times with the ordinances of
the Borough, the rules and regulations governing the Department and
the general orders; to closely examine all cases where he may have
reasons to suspect that an ordinance or a state law may be violated;
and to report the same to the Chief of Police or, during his absence,
the commanding officer in charge of the Department. Failure on the
part of any member of the Department to comply with the requirements
of this section shall be sufficient grounds for penalties that may
be prescribed or, as the case may be, for immediate dismissal.
[Amended 6-12-2018 by Ord. No. 2018-1453]
B.
All officers and
members of the Police Department shall have, possess and exercise
all of the powers of a constable and peace officer. They shall also
be empowered to serve and execute all processes issuing out of a Municipal
Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Qualifications.
No person or persons shall be appointed an officer or member of the
Police Department who has been convicted of a crime involving moral
turpitude which would be, in the judgment of the appointing power,
prejudicial to the morale of the Department.
D.
Appointment.
(1)
Not less than
four weeks' notice of the examination for appointment to the Police
Department must be published at least once a week in a newspaper circulating
in the municipality.
(2)
Said appointment
shall be subject to the provisions of N.J.S.A. 40A:14-122 et seq.
(3)
Any person or persons appointed
after the passage of this article must be at least 18 years of age
and have obtained an AAS degree in criminal justice or police science
with prior police experience, or a Bachelors of Arts or Science degree
from an accredited college or university, or received an honorable
discharge from one of the branches of the United States Armed Forces
(Army, Navy, Air Force, Marines or Coast Guard) after serving two
or more years of active duty and having obtained 30 or more credits
towards a degree from an accredited college or university. Such person
must be of good moral character, sound in body and in good health
and able to read and write the English language intelligently. It
shall be lawful for the Mayor and Council to employ officers and persons
temporarily in case of emergency or for parts of a year in cases where
their services are not required throughout the entire year and discharge
them at the expiration of said temporary employment. At all times,
all officers must be citizens of the United States.
[Amended 8-22-1995 as Ord. No. 95-1005; 6-12-2018 by Ord. No. 2018-1453]
No member or officer of the force shall be removed
from his office, employment or position, nor shall such member or
officer be suspended, removed, fined or reduced in rank, except in
a manner as prescribed by N.J.S.A. 40A:14-147.
Any member of the Police Department may be removed
from office, suspended and/or fined, as herein provided for, in addition
to any other punishment to which he may be subject by law, against
whom any of the following charges may have been substantiated:
A.
Incompetency,
lack of energy and incapacity, mentally or physically.
B.
Violation of any
criminal law or penal ordinance.
C.
For refusal to
do or fulfill a duty or detail of any kind whenever necessity requires,
whether on duty, patrol or elsewhere and whether in uniform or not.
D.
Failure to report
a known violation of the law of the ordinances of the Borough.
E.
Willful disobedience
of orders.
F.
Failure to properly
patrol designated or prescribed post or absence from post without
a valid excuse.
G.
Sleeping on duty.
H.
Disrespect to
a superior officer.
I.
Absence without
leave.
J.
Conduct in a manner
which will impair the discipline of the Department.
K.
Conduct subversive
of good order and discipline of the force.
L.
Conduct unbecoming
an officer and a gentleman.
M.
Intoxication while
on duty.
N.
Indecent, profane
and harsh language.
O.
Immorality, indecency
or lewdness.
P.
Entering a house
of prostitution, gambling houses or rooms, saloons, taverns or sporting
houses of any description while on duty, unless in the proper discharge
of his duty.
Q.
Acceptance of
a bribe.
R.
Acceptance of
a favor or gift as a consideration either for the performance of a
duty or nonperformance of his duty.
S.
Making known any
proposed movement of any law enforcement agency.
T.
Making or causing
to make any false entry in or removing or causing to be removed or
altering or causing to be altered any official Police Department record.
U.
Violation of the
rules and regulations of the Municipal Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
V.
Unnecessary violence
to prisoners or citizens.
W.
Willful mistreatment
of a prisoner or citizen.
Y.
Violation of the Montvale Police
Department Rules and Regulations.
[Added 4-30-2013 by Ord. No. 2013-1375]
[Amended 4-30-2013 by Ord. No. 2013-1375]
All appointments as police officers of the Police
Department of the Borough of Montvale shall be made from a list prepared
by the Mayor and Council after examination and with special reference
to the fitness of the person so appointed. Appointments shall be made
for a probationary period of 12 months from the completion of the
approved Police Training Commission (PTC) police certification course,
or for precertified appointees, 12 months from the date of hire, after
which period, the probationary appointee may be eligible for a permanent
appointment. Said list shall be in force for a period of one year
from the time of certification. All appointments by the Mayor and
Council to the Police Department shall be made from the list of applicants
who have passed the written, oral and physical examinations as well
as a comprehensive background investigation as provided in this article,
subject to the provisions hereof.
[Amended 4-30-2013 by Ord. No. 2013-1375]
A.
Applicants for
appointment to the Police Department of the Borough of Montvale shall
be required to submit themselves to such examination as may be required
by the Police Examining Board designated by the Chief of Police.
B.
No applicant shall
receive consideration for appointment to the Police Department unless
he shall have received a passing grade and successfully completed
the entire appointment process as required by the Chief of Police.
The Chief of Police will provide a list of finalists and recommendations
to the Mayor and Council for consideration for appointment. Final
determination for appointment shall be reserved to the Mayor and Council.
The Examining Board shall conduct an examination
which may be written or oral, or both, as to the physical, mental
and moral qualifications of applicants for appointment to the Police
Department. All candidates shall submit to a physical examination
designated by the Examining Board, and no recommendation for an appointment
to the Police Department will be made until a doctor so designated
by the Mayor and Council shall certify that the applicant is in good
health and physically fit to discharge the duties of a police officer.
Upon the holding of such examination, the Examining Board shall rate
said applicants and certify the rating of all such applicants to the
Mayor and Council.
[Amended 4-30-2013 by Ord. No. 2013-1375]
A.
Chief of Police.
(1)
Whenever a vacancy or impending
vacancy for the position of Chief of Police occurs within the Montvale
Police Department, the Mayor will empanel an Examining Board to conduct
evaluations of all applications, which may include but not be limited
to written and oral skills, management ability, psychological assessment
and other pertinent areas of performance-related matters. The Examining
Board shall submit the name of at least one candidate to the Mayor
for appointment.
(2)
The Mayor and Council will
determine application eligibility criteria before announcing the opening
to members of the Police Department. All eligible applicants shall
submit to the Examining Board a resume outlining in detail his or
her experience and educational background. The Examining Board may
require an independent examination by the New Jersey State Police
Chiefs Association, the International Association of Chiefs of Police
or other comparable testing entity. The testing entity will develop
and conduct and grade an examination that will consist of a series
of multiple-choice questions, or an oral examination and then grade
the oral examination. The Mayor or his designee may submit or suggest
any appropriate topic areas or questions to the outside testing entity
to be included in the examination. These questions will be based upon
police practices and may include police and investigative procedures,
supervisory and administrative principles, New Jersey criminal law,
report writing, search-and-seizure issues, New Jersey Attorney General
guidelines and directives, and legal aspects and requirements of police
work. The Mayor or his designee shall provide a written announcement
of the reading list or syllabus of possible sources of materials utilized
in developing the test in order for candidates to prepare for the
written examination.
(3)
The candidates will be required
to submit to any additional testing or evaluations, such as a psychological
evaluation, that the Examining Board deems appropriate.
(4)
The Mayor may accept or reject
the recommendation(s) of the Examining Board. If the Mayor selects
a candidate recommended by the Examining Board, he shall appoint a
Chief of Police, with the advice and consent of the Borough Council.
(5)
If the Mayor does not find
any candidate of the Examining Board to be suitable, he may select
another person to fill the vacancy of Chief of Police and appoint
said person, with the advice and consent of the Borough Council.
(6)
In the event that the Mayor
fails or refuses to make a selection as above provided for within
a reasonable time after a vacancy in the office is determined to exist,
then in such event, the Council may, on motion, appoint such person
as it deems qualified, subject to the provisions of this article.
B.
All other promotions.
(1)
Whenever a vacancy in a higher
rank occurs, the Chief of Police shall submit a request to the Mayor
and Council to fill the vacancy. If approved, the Chief of Police
will then initiate the promotion procedure as outlined by the current
Promotion Policy in the Montvale Police Department.[1] The appropriate authority (Montvale Mayor and Council)
reserves the right to make the final determination for promotion from
any one of the top three scoring candidates from the Sergeant, Lieutenant
or Captain eligibility list. In the event of numerous promotional
openings during the lifespan of the promotional list, the numbers
four, five and six ranking candidates may be considered if they have
received a passing score on the total examination. In no case will
a candidate be promoted over another candidate who was ranked more
than two positions higher on the final eligibility list. The Chief
of Police or his designee will provide the Mayor and Council with
the eligibility list and provide advice to the Mayor and Council about
the finalists.
[1]
Editor's Note: This ordinance also provided for adoption of
a Promotion Policy, a copy of which is on file in the Police Department.
(2)
Eligibility for promotions,
testing criteria, appeals processes as well as point valuation for
seniority, education, performance and discipline are outlined in the
Montvale Police Department Policy.
(3)
All promotions shall be made
in accordance with the Promotion Policy for the Borough of Montvale
Police Department, a copy of which is on file in the Montvale Police
Department. Notwithstanding the foregoing, the Chief of Police is
expressly authorized to relax certain provisions of the Montvale Police
Department Promotion Policy, as set forth within the Promotion Policy,
when deemed necessary to meet the administrative needs of the Police
Department.
C.
General provisions. Notwithstanding
anything to the contrary, all promotions shall be made with due regard
to the provisions of N.J.S.A. 40A:14-129 and N.J.S.A. 40A:14-130.
Holidays granted to members of the Department
shall be as provided for in the collective bargaining agreement entered
into between the membership of the Department and the Borough of Montvale.
To the extent that such agreement is inapplicable as to any member
of the Department who shall not be a member of the collective bargaining
unit, holidays shall be determined as per the policy established by
the governing body or negotiated as between the governing body and
the individual.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed as to such inconsistent part.
If for any reason any section or any provision
of this article shall be questioned in any court and shall be held
unconstitutional or invalid, the same shall not be held to affect
any other section or provision of this article.
This article shall take effect immediately after
publication and as provided by law.
