[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; 9-5-2017 by Ord. No. 16-2017; 12-21-2020 by Ord. No. 22-20; 6-20-2022 by Ord. No. 05-22]
A.
The Police Department may consist of the following: a Public Safety
Director, a Chief of Police, two Captains, two Lieutenants, five Sergeants,
and 16 police officers, as shall be authorized by the Mayor and Town
Council, all of whom shall act and be known as police officers for
the Town of Boonton Police Department, and civilian employees. Upon
termination of employment, the aforementioned staffing levels may
be continued in effect unless otherwise modified by the Mayor and
Town Council.
[Amended 8-14-2023 by Ord. No. 13-23]
B.
Subject to the approval by resolution of the Town Council, the Mayor
may appoint special law enforcement officers for a term not exceeding
one year, in compliance with N.J.S.A. 40A:14-146.8, Special Law Enforcement
Officers' Act.
(1)
Such special law enforcement officers shall carry out their duties
and responsibilities under the direct supervision of the chief law
enforcement officer, and the chief law enforcement officer shall define
their powers, rights and duties. These 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 resolution approving appointment of special law enforcement officers
shall designate the rate of pay, if any.
(2)
No person shall be appointed as a special law enforcement officer
unless he/she is able to read, write, and speak the English language,
is physically qualified and of good moral character, and shall not
have been convicted of any crime. Every such special law enforcement
officer shall be fingerprinted, and his/her fingerprints shall be
filed with the Division of the State Police and Federal Bureau of
Investigation. The chief law enforcement officer shall certify the
eligibility requirements to the Mayor and Town Council prior to appointment.
(3)
Classes.
(a)
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class is strictly prohibited,
and no Class One officer shall be assigned to any duties that might
require the carrying or use of a firearm.
(b)
Class Two. Officers of this class shall be authorized to exercise
full powers and duties like those of a permanent, regularly appointed
full-time police officer. The use of a firearm by an officer of this
class may be authorized only after the officer has been fully certified
as successfully completing training as prescribed by the Town.
[Amended by Ord. No. 5-91; 12-21-2020 by Ord. No. 22-20]
A.
Public Safety Director.
(1)
Appointment. The Mayor and Town Council[1] shall appoint a Public Safety Director who shall serve
at the pleasure of the Mayor and Town Council and who shall be directly
responsible to the Town Administrator for the overall performance
of the Police Department. The Public Safety Director shall serve as
the administrative and executive head of the Police Department and
shall establish policies for the daily operation of the Department
and the discipline of its members.
(2)
Powers and duties.
(a)
The Public Safety Director, pursuant to the rules
and regulations established by the Mayor and Town Council,[2] shall include but not be limited to:
[1]
Establishing by policy, rule and regulation,
the procedures to be followed by the Chief of Police and other subordinate
officers for the purchase of equipment and supplies. Such procedures
may include the requirement that the Public Safety Director approve
all expenditures with regard to the equipment and supplies.
[2]
Keeping a record of all business transacted
by the Police Department and approving all bills for the expense of
the Police Department
[3]
Keeping and maintaining all records, reports,
documents and other data required to be kept and maintained by the
federal and/or state government and/or any of their respective subdivisions.
[4]
Developing the annual budget for the Police
Department and overseeing any all expenditures of the Police Department.
[5]
Evaluating the effectiveness of work program
and procedures of all units and bureaus within the Police Department
and developing effective work methods for subordinates.
[6]
Reporting at least monthly to the Town Administrator in such form
as shall be prescribed by the Mayor and Town Council[3] on the operation of the Department during the preceding
month, and make such other reports as may be requested by the Mayor
and Town Council.
[7]
All such other duties not specifically reserved to the Chief of Police
pursuant to N.J.S.A. 40A:14-118.
(3)
Nothing
herein contained shall prevent the Mayor and Town Council[4] 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.
(4)
In the
event an individual holds the position of Chief of Police, the Chief
of Police shall report directly to the Public Safety Director, and
the Public Safety Director shall receive daily or other periodic reports
as designated by the Public Safety Director from the Chief of Police.
B.
Police Clerk Dispatcher.
(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:
(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.
C.
Chief of
Police.
(1)
If a
Chief of Police is appointed, he/she shall exercise any and all of
the rights, authorities, powers and responsibilities reserved solely
to the Chief of Police pursuant to N.J.S.A. 40A:14-118. Any other
rights, authorities, powers and responsibilities not reserved solely
to the Chief of Police by N.J.S.A. 40A:14-118 shall be assumed or
delegated by the Public Safety Director.
(2)
If a
Chief of Police is not appointed, any and all of the rights, authorities,
powers and responsibilities reserved solely to the Chief of Police
pursuant to N.J.S.A. 40A:14-118, which cannot be performed by the
Public Safety Director, shall be delegated to a Chief Law Enforcement
Officer as designated by the Public Safety Director.
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:
(2)
Residency requirements shall be met by the announced
closing date for the applicable civil service examination.
(3)
Initial
appointments of entry level police officers may also, at the sole
discretion of the appointing authority, be made in accordance with
the provisions of N.J.S.A. 11A:4-1.3.
[Added 7-19-2021 by Ord. No. 19-21]
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;
(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 N.J.S.A. 52:17B-66.
(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 N.J.S.A. 40A:14-118 et seq. are hereby adopted and shall
become operative within the Town of Boonton.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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),[1] are hereby adopted, and the Act shall be operative and
binding upon the Town of Boonton.
[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 3-19-2012 by Ord. No. 3-2012]
A.
OFF-DUTY POLICE OFFICER
OUTSIDE DETAIL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A regular member of the Boonton Police Department who is
not scheduled for a shift of duty.
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:
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:
(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.
[Added 9-20-2021 by Ord. No. 27-21]
A.
Position of Police Chaplain established. Pursuant to N.J.S.A. 40A:14-141,
the position of Police Chaplain within the Town of Boonton Police
Department is hereby created. The position of Police Chaplain shall
be a volunteer position under the supervision and authority of the
Public Safety Director and Chief Law Enforcement Officer of the Boonton
Police Department.
B.
Appointment. Police Chaplain applicants shall be recommended by the
Public Safety Director, in consultation with the Chief Law Enforcement
Officer and appointed by the Mayor with advice and consent of the
Town Council.
C.
Qualifications.
(1)
All applications for the position of Police Chaplain shall be
reviewed by the Public Safety Director and Chief Law Enforcement Officer
to determine if the applicant's qualifications are in accordance with
this section, and upon determining so, shall make recommendations
to the Mayor and Town Council.
(2)
Any person appointed as Police Chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. The appointee shall be a certified Police Chaplain credentialed
in accordance with the rules, regulations, policies and procedures
of the Town of Boonton Police Department, and shall be qualified in
accordance with N.J.S.A. 40A:14-141.
D.
Number of Police Chaplains; term of office. There may be up to four
Police Chaplains appointed at any given time. A person appointed as
Police Chaplain shall serve in that capacity from the date of appointment
and shall serve in that capacity until he/she is either terminated
or resigns from that position.
E.
Duties. The duties of Police Chaplain are to assist the Town of Boonton
Police Department with any functions that may be assigned by the Public
Safety Director and Chief Law Enforcement Officer that relate to the
Police Chaplain program, including, but not be limited to, partaking
in community policing initiatives, assisting crime victims/witnesses,
assisting police officers with death notifications, and conducting
juvenile station house adjustments.
F.
Rank and salary. Any person appointed as Police Chaplain shall serve
in that capacity without rank or salary. The position shall be voluntary
under the direction and supervision of the Public Safety Director
and Chief Law Enforcement Officer.
[Added 7-18-2022 by Ord.
No. 08-22]
A.
Qualifications. No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey Statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination (N.J.S.A. 40A:14-122 and 40A:14-127). In
accordance with P.L. 2021, c.7 (N.J.S.A. 11A:4-1.3) and in the sole
discretion of the appropriate authority, a person may also be appointed
without taking a competitive examination if they have successfully
completed a full Basic Course for Police Officers training course
at a school approved and authorized by the New Jersey Police Training
Commission.
B.
Conflict of Interest and Nepotism Policy. The governing body of the
Town of Boonton declares that a conflict of interest and nepotism
policy shall be enacted for the Town of Boonton Police Department.
This Conflict of Interest and Nepotism Policy is not for the purpose
of depriving any citizen of an equal chance for a job as a police
officer, but solely to eliminate the potential for preferential treatment
of the relatives of government personnel or elected officials.
C.
ELECTED OFFICIAL
FAMILY MEMBER or RELATIVE
SUPERIOR OFFICER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Person holding the position of Mayor or Council Member of
the Town of Boonton.
Spouse, child, parent, sibling, grandparent, grandchild,
father-in-law, mother-in-law, brother-in-law, sister-in-law, step-father,
step-mother, step-sibling, half-brother, half-sister, nephew, niece,
first cousin, aunt, uncle, foster child, or domestic partner.
Any police officer of the Town of Boonton having supervisory
duties and powers over another police officer within the Police Department.
D.
Hiring and supervision of police officers.
(1)
No person who is a relative or family member of any elected
official of the Town of Boonton shall be considered for employment
as a police officer of the Town of Boonton. This shall not restrict
nor prohibit the continued employment of an individual as a police
officer with the Town of Boonton where a family member or relative
of an elected official was hired before the effective date of this
section.
(2)
No person who is a relative or family member of the Town of
Boonton Administrator shall be considered for employment as a police
officer of the Town of Boonton. This shall not restrict nor prohibit
the continued employment of an individual as a police officer with
the Town of Boonton where a family member or relative of the Town
of Boonton Administrator was hired before the effective date of this
section.
(3)
No elected official can serve as a member of the Town of Boonton
Police Committee or as a liaison to the Boonton Police Department
if the Police Department employs any family member or relative of
such elected official with the Town of Boonton.
E.
Open competitive process exemption. The Town of Boonton is a civil
service jurisdiction for the hiring, firing, promotion and discipline
of police officers and is governed by the Civil Service Act and Regulations.
This section shall not prohibit an individual who is a family member
or relative as defined herein, and who is otherwise eligible to be
hired or promoted through the open competitive process, from being
hired or promoted as a police officer.
F.
Promotion of existing police officers. No elected official, the Town
of Boonton Administrator or superior officer within the Police Department
may participate in the promotion process or any other personnel matter
of a police officer who is a family member or relative of such elected
official, the Town of Boonton Administrator or superior officer within
the Police Department.
G.
Enforceability. The prohibitions set forth in this chapter are enforceable
only to the extent that they are not in violation of applicable civil
service statutes or any other applicable state laws.
