Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 12-17-1990 as Ch. III, Art. I, of the 1990 Code]
[Amended 11-4-2013 by Ord. No. 17-13; 11-21-2016 by Ord. No. 19-2016; 7-17-2017 by Ord. No. 11-2017]
The Police Department of the Town of Boonton shall consist of at least 22 officers, including a Chief of Police, one Captain, one Lieutenant, five sergeants, and 14 patrolmen, and civilian employees. In the event that the current number of employees in the aforementioned positions exceeds these staffing levels, the employees shall remain in the positions until their employment is terminated. Upon the termination of employment of the employees, the aforementioned staffing levels shall be in effect unless otherwise modified by the Mayor and Board of Aldermen.
A. 
Police Chief.
(1) 
Appointment. The Mayor and Board of Aldermen shall appoint a Chief of Police who shall serve at the pleasure of the Mayor and Board of Aldermen and who shall be directly responsible to the Town Administrator for the efficiency and routine day-to-day operations of the Police Department.
(2) 
Powers and duties.
(a) 
The Chief of Police, pursuant to policies established by the Mayor and Board of Aldermen, shall:
[1] 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel.
[2] 
Have, exercise and discharge the functions, powers and duties of the Department.
[3] 
Prescribe the duties and assignments of all subordinates and other personnel.
[4] 
Delegate such of his authority as he may deem necessary for the efficient operation of the Department to be exercised under his direction and supervision.
[5] 
Report at least monthly to the Town Administrator in such form as shall be prescribed by the Mayor and Board of Aldermen on the operation of the Department during the preceding month, and make such other reports as may be requested by the Mayor and Board of Aldermen.
(b) 
Nothing herein contained shall prevent the Mayor and Board of Aldermen or the Town Administrator from examining at any time the operations of the Police Department or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the Town in an emergency situation through special emergency directives.
B. 
Police Clerk Dispatcher.
[Amended by Ord. No. 5-91]
(1) 
Established. There is hereby established the Office of Police Clerk Dispatcher, which shall be under the supervision of the Chief of Police.
(2) 
Requirements. A Police Clerk Dispatcher must meet the following requirements:
(a) 
High school graduate or equivalent.
(b) 
Clerk-typing and filing experience.
(c) 
Eighteen years of age or older.
(d) 
Doctor's certificate of good health.
(e) 
No criminal record.
(f) 
Must possess tact, diplomacy and have administrative ability.
(3) 
Duties. A Police Clerk Dispatcher shall perform those duties designated by the Chief of Police which properly pertain to the assigned Department of Personnel job title.
A. 
Residency.
[Amended by Ord. No. 19-94; Ord. No. 21-96; 12-18-2000 by Ord. No. 28-00; 8-4-2003 by Ord. No. 16-2003]
(1) 
Pursuant to N.J.S.A. 40A:14-123.1a., an initial appointment as a member of the Boonton Police Department shall be made only from a list of duly qualified applicants who shall be classified as follows:
(a) 
Residents of the Town of Boonton.
(b) 
Other residents of Morris County.
(c) 
Other residents of New Jersey.
(d) 
All other qualified applicants.
(2) 
Residency requirements shall be met by the announced closing date for the applicable civil service examination.
B. 
Police training.
(1) 
Findings.
(a) 
Whereas the Town of Boonton hereby recognizes the need for proper educational and clinical training of police officers for the improvement in the administration of law enforcement and to better protect the health, safety and welfare of its citizens; and
(b) 
Whereas the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey has approved certain schools to give police training under prescribed uniform standards;
(c) 
Therefore, be it ordained by the Mayor and Board of Aldermen of the Town of Boonton:
(2) 
Permanent appointment. No person shall hereafter be given or accept a permanent appointment as a police officer in the Town unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey pursuant to the provisions of Chapter 56 of the Laws of 1961.
(3) 
Probationary or temporary appointment. This subsection shall not prohibit the giving or accepting of a probationary or temporary appointment as a police officer for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.
(4) 
Police training requirement. No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a police officer in the Town, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.
A. 
Adoption of act regulating hours of employment. The provisions of the Act set forth in N.J.S.A. 40:11-13.2 to 40:11-13.7 are hereby adopted and shall become operative within the Town of Boonton.
B. 
Hours established. The hours of employment of both sworn members and civilian employees of the Police Department shall be in accordance with the Fair Labor Standards Act (FLSA) and current collective bargaining agreements. The Chief of Police shall have sole discretion in scheduling tours of duty to be worked by sworn members and civilian employees, depending on their particular assignment within the Police Department. In case of emergency the officer, board or other official having charge or control of the Police Department shall have full authority to summon and keep on duty any and all such members during the period of an emergency.
[Amended 9-20-1999 by Ord. No. 17-99]
C. 
Governing body to proceed to arrange hours of employment. The governing body shall proceed to arrange the hours of employment of the uniformed members of the paid Police Department in the Town in accordance with the provisions of the Act.
Promotion to Sergeant. To qualify for promotion to the position of Sergeant in the Police Department, a candidate must first have served in the classified position of patrolman in the Town of Boonton for a period of at least three years of continuous permanent service.
Pension Act adopted. The provisions of the Act of the Legislature of the State of New Jersey entitled "An Act Providing for the Pensioning of Police Officers and Policemen in Certain Municipalities of This State," approved March 30, 1911 (P.L. 1911, p. 104), are hereby adopted, and the Act shall be operative and binding upon the Town of Boonton.
[Added 3-19-2012 by Ord. No. 3-2012]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OFF-DUTY POLICE OFFICER
A regular member of the Boonton Police Department who is not scheduled for a shift of duty.
OUTSIDE DETAIL
Any employment of an off-duty police officer within the Town of Boonton that does not require the actual or potential use of law enforcement powers by such police officer.
B. 
Authority of Chief of Police to furnish off-duty police officers for outside detail. The Chief of Police is hereby authorized to furnish off-duty police officers to serve private or quasi-public functions upon written request describing the nature of the services required and received from an applicant at least 10 days in advance of the scheduled function or event, provided that the Chief of Police may accept a verbal request in the event of emergent circumstances. The approval of such outside detail shall be subject to the availability of personnel within the judgment of the Chief of Police and the payment by the applicant of the fees and charges associated with such outside detail. The conditions of approval shall be set forth in writing and shall contain, at a minimum, the following:
(1) 
The identity of the hiring entity;
(2) 
The commencement date of the outside detail;
(3) 
The hours of operation authorized for each approved day of the outside detail;
(4) 
The number of off-duty police officers to be supplied; and
(5) 
The date when the outside detail shall terminate.
C. 
Fees and charges associated with outside detail. The applicant for the services of an off-duty police officer in connection with outside detail shall pay the following fees and charges:
(1) 
Use of police vehicle(s). The fee for the use of each police vehicle, if applicable, shall be $100 per day or for any portion of a day.
(2) 
Compensation of the off-duty police officer. Each off-duty police officer rendering services for outside detail shall be paid at a rate to be agreed upon by the Town of Boonton and the recognized collective bargaining unit of the off-duty police officer.
(3) 
Administrative costs. The Town of Boonton shall be paid an amount equal to a reasonable approximation by the Chief of Police of the administrative cost, overhead, and out-of-pocket expenses associated with providing the service, including, without limitation, an amount equal to the then-current rate payable by the Town of Boonton for workers' compensation for each officer for each day of outside detail.
D. 
Collection and disbursement of fees. The fees chargeable in connection with an outside detail shall be payable to and collected by the Boonton Police Department, in full, prior to the commencement of the outside detail. Upon completion of an off-duty police officer's outside detail assignment, the Chief of Police shall provide a summary of the assignment to the Township Administrator, who shall see to the payment of such officer on the next available pay day.
E. 
Insurance. No outside detail shall be approved unless the applicant has first provided a certificate of insurance evidencing comprehensive general liability insurance coverage, naming the Town of Boonton as an additional insured under the policy, with limits no less than $1,000,000 for each person and $ 1,000,000 for any one occurrence with respect to injuries suffered by any off-duty police officer or third party in connection with or arising out of the provision of outside detail services.
[Added 9-8-2015 by Ord. No. 13-2015]
A. 
The appropriate authority of the Town of Boonton to adopt and promulgate the Department Rules and Regulations, in accordance with § 27-7 is the Mayor and Board of Aldermen of the Town of Boonton. In accordance with N.J.S.A. 40A:14-118, the appropriate authority has final policy-making authority and the authority to adopt the rules and regulations of the Police Department.
B. 
The rules and regulations of the Town of Boonton Police Department are hereby amended in their entirety and reestablished. A copy of the Town of Boonton Police Department rules and regulations as reestablished is attached hereto.[1]
[1]
Editor's Note: A copy of the Town of Boonton Police Department rules and regulations is on file in the Town offices.
C. 
All rules and regulations previously issued, and policies and procedures that are contrary to the rules contained herein, are hereby revoked. All other policies and procedures shall remain in force.
[Added 3-21-2016 by Ord. No. 1-2016]
A. 
Emergency Management Council. An Emergency Management Council, with powers and duties prescribed by general law, is hereby created in the Town and, within the limits of appropriation, shall establish an adequate organization to assist in supervising and coordinating the civilian defense and disaster control activities of the Town. The Council shall consist of no more than 15 persons, with a minimum of one member being from the Police Department and one member from the Fire Department.
(1) 
Members shall be appointed annually by the Mayor with the advice and consent of the Board of Aldermen, and shall serve at the pleasure of the Board of Aldermen. They shall receive no compensation.
B. 
Emergency Management Coordinator.
(1) 
Appointment; term; compensation. A Municipal Emergency Management Coordinator shall be appointed by the Mayor with the advice and consent of the Board of Aldermen and serve as a member of the Emergency Management Council and as its Chairman. The Emergency Management Coordinator shall serve for a term of three years. The Emergency Management Coordinator shall receive such compensation as provided by ordinance.
(2) 
Qualifications. The Emergency Management Coordinator shall be a resident of the Town of Boonton and shall have a minimum of two years' experience in the planning, development and administration of emergency response activities such as those provided by police, fire, rescue, medical or emergency management units either in the public or private sector or in the military service.
(3) 
Training. As a condition of his appointment and his right to continue for the full term of his appointment, each Emergency Management Coordinator appointed shall have successfully completed at the time of his appointment or within one year immediately following his appointment the current approved Home Study Course and the basic Emergency Management Workshop. The failure of any appointed Emergency Management Coordinator to fulfill such requirement within the period prescribed shall disqualify the Coordinator from continuing in the office of Coordinator, and thereupon a vacancy in said office shall be deemed to have been created.
C. 
Deputy Emergency Management Coordinator. The Emergency Management Coordinator may appoint a Deputy Emergency Management Coordinator with the approval of the Mayor and the advice and consent of the Board of Aldermen. The Deputy Coordinator shall be appointed from among the full-time salaried employees or elected officials of the Town.