City of Paterson, NJ Article IX Department of Public Safety

[Added 10-12-1984 by Ord. No. 84-092; 6-9-1993 by Ord. No. 93-016; 7-27-1993 by Ord. No. 93-023; 12-19-1995 by Ord. No. 95-068; 10-28-2003 by Ord. No. 03-060; 5-26-2009 by Ord. No. 09-014; 1-15-2019 by Ord. No. 19-001[1]]

[1] Editor's Note: This ordinance also repealed former Art. IXA, Department of Fire, as amended, and incorporated that material, §§ 5-79 through 5-82, into this article.

§ 5-73 Department established; Public Safety Director as head.

A. There shall be a Department of Public Safety, the head of which shall be the Public Safety Director. The Director of Public Safety shall be qualified by training and experience for the duties of the position and shall have the following qualifications, unless said qualifications are waived by affirmative vote of at least 2/3 of the entire Council: a minimum of 10 years' experience as a member of a police department, fire department or other law enforcement agency, five years of which shall have been in a supervisory and administrative capacity. The Public Safety Director shall, like any other department director, be appointed by the Mayor with the advice and consent of the Council, and shall receive an annual salary as established by ordinance, to be paid as all other salaries are paid.

B. The Director of Public Safety shall be responsible for the administration, regulation and discipline within the Department.

C. In the event that a sworn law enforcement officer is designated or assigned as the Director, he or she may retain his/her police powers as permitted by law, in addition to the powers afforded as Director necessary and in furtherance of the authority, duties, powers, and functions set forth herein. These powers shall include access to computer systems, and/or information maintained for the use of law enforcement personnel as deemed necessary for the proper administration of his/her duties.

§ 5-74 Divisions within Department of Public Safety.

The Department of Police shall consist of the following divisions and agencies:

A. Police Division.

B. Animal Control Division.

C. Taxi Division.

D. Fire Division.

E. Communications Division.

F. Ambulance Service Bureau.

G. Bureau of Fire Prevention.

H. Office of Emergency Management.

§ 5-75 Rules and regulations governing Department; enforcement; reports to Council.

A. The Public Safety Director, as appropriate authority pursuant to N.J.S.A. 40A:14-118, shall administer and enforce the rules and regulations of the Department of Public Safety, except that he/she may delegate the administration and enforcement to the division heads within their respective divisions.

B. The Public Safety Director, as appropriate authority pursuant to N.J.S.A. 40A:14-118, shall promulgate rules and regulations dealing with the recurrent and routine operations of the Department and the daily conduct of the police in the performance of their duties pursuant to N.J.S.A. 40A:14-118.

C. Upon request of either the Mayor or Council, the Director shall give report(s) on the activities of the Department so long as it is not of a confidential nature.

D. The City Council shall retain the power, pursuant to N.J.S.A. 40A:14-118, to provide for the appointment of committees or commissions to conduct investigations of the operation of the police force and the delegation to such committees or commissions of such powers of inquiry as the City Council deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force 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 municipality in an emergency situation through special emergency directives.

E. The Public Safety Director, under the supervision of the Mayor, shall:

(1) Exercise such powers as set forth in the applicable statutes which shall specifically include the powers granted to the appropriate authority pursuant to N.J.S.A. 40A:14-7 et seq., and N.J.S.A. 40A:14-118 et seq., and all other applicable laws, including, but not limited to, promulgation and adoption of rules and regulations for the government of the Office of Emergency Management and the Police and Fire Divisions and discipline of their members.

(2) Supervise the Police Chief, Fire Chief and Director of the Office of Emergency Management, who shall be directly responsible to the Public Safety Director for the efficiency and routine day-to-day operations of the police and fire rank-and-file.

(3) Organize the divisions according to such tables of organization as the Director shall deem necessary and appropriate.

(4) Prescribe the duties and assignments of all subordinates and other personnel; establish performance criteria for the Department as a whole as well as its individual members and conduct periodic evaluations to assure compliance with those criteria.

(5) Determine policy and direction for the Police Division, Fire Division and Office of Emergency Management.

(6) Provide recommendations to Mayor and City Council for the establishment of ordinances to assist in the governance and management of the Police and Fire Divisions.

(7) Report to the Mayor and City Council concerning the state of the Office of Emergency Management, Police and Fire Divisions and police and fire activity in the City.

(8) Issue special emergency directives as necessary to protect the health, safety and welfare of the municipality in an emergency.

(9) Receive periodic reports as designated by the Public Safety Director from the Office of Emergency Management and Police and Fire Chiefs, including but not limited to:

(a) Budget and expenses;

(b) Manpower allocations, including overtime, vacation, sick and compensatory time accumulation, and usage reports for all personnel;

(c) Accident reports;

(d) Incident reports;

(e) Personnel-related issues; and

(f) All general orders issued by the Office of Emergency Management and the Police and Fire Chiefs.

(10) Examine the operations of the Office of Emergency Management and the Police and Fire Divisions and the performance of any officer or member thereof.

(11) Establish and maintain relations with school, civil and private organizations to assure a full understanding of the public safety effort.

(12) Conduct public relations and public information programs on behalf of the Department in order to maintain the required relationship between the Department and the residents of the City of Paterson.

(13) Promote a close relationship with the various agencies of the City of Paterson and the City Council, to better coordinate the functioning of the Office of Emergency Management and the Police and Fire Divisions within City government.

§ 5-76 Police Division; Chief of Police as head; general duties.

A. Within the Department of Public Safety, there shall be the Police Division, the head of which shall be the Chief of Police who shall be the head of the police force and shall be directly responsible to the Public Safety Director for the efficiency and day-to-day operations of the Police Division.

B. Under the direction and supervision of the Public Safety Director, the Police Division shall:

(1) Preserve the public peace, prevent crime and detect and arrest offenders against the penal laws and ordinances effective within and throughout the City, including all housing projects to which housing guards have been or may be assigned.

(2) 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 generally.

(3) Remove all nuisances in the public streets, parks and other public places.

(4) 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.

(5) Operate a training program to maintain and improve the efficiency of the members of the Division.

C. The positions within the Department of Public Safety, Police Division, shall be as set forth in Appendix A, Active Titles in Local Government, included at the end of this chapter.

D. The appointment of the Police Chief shall be as follows:

(1) For such time as the population level of this City does not meet the "City of the First Class" level of 150,000 as measured pursuant to N.J.S.A. 40A:6-4, the Police Chief's appointment shall remain an appointment by the Department Director, as required by N.J.S.A. 40:69A-43(d), as well as § 5-7B of this Code. The hiring procedures shall follow those that may be required by the applicable Civil Service regulations, as codified at Title 4A of the New Jersey Administrative Code.

(2) At such time as the population level of this City may meet the "City of the First Class" level of 150,000 as measured pursuant to N.J.S.A. 40A:6-4, the Mayor may, but shall not be obligated to, follow the optional methods granted to Cities of the First Class for direct mayoral appointment of a Police Chief, subject to the provisions of N.J.S.A. 40:69A-60.7, and as established by Newark Superior Officers Asso. v. Newark, 98 N.J. 212, 232-233 (1985) (holding that N.J.S.A. 40:69A-60.7 may also be applied to municipalities achieving City of the First Class status subsequent to Newark and Jersey City).

§ 5-77 Police Division personnel.

The Police Division shall consist of such officers and personnel as have been heretofore or may hereafter be authorized for the police force.

§ 5-77.1 Dog control and licensing. [1]

The Department of Public Safety shall be responsible for the enforcement of all laws, ordinances and regulations pertaining to the licensing and control of dogs.

[1] Editor's Note: See also Ch. 121, Animals.

§ 5-78 Youth Guidance Commission.

The Youth Guidance Commission shall be maintained and operated in accordance with law as an agency within the Police Division.

A. Membership. The Municipal Youth Guidance Commission shall not exceed seven voting members, all of whom shall be residents of the said municipality. The membership of the Municipal Youth Guidance Commission shall include at least one representative of the City Council, one representative of the school system, and one representative of the municipal Police Department. In addition, the Mayor and each City Council member shall appoint one youth ambassador to the Commission for a total of 10 youth representatives. The youth representatives shall:

(1) Include representation from each of the six wards; and

(2) Be between the ages of 13 and 21 and a resident of the City of Paterson; and

(3) Have demonstrated leadership in their community through community service and involvement in extracurricular activities, school organizations, or any other advocacy for the benefit of their peers and community; and

(4) Provide two letters of recommendations from nonrelatives; and

(5) Have satisfactory school attendance.

B. Annual organization; meetings. The members of the Municipal Youth Guidance Commission shall organize annually by selecting a chair, vice chair and secretary. The Municipal Youth Guidance Commission shall meet regularly, at least once each month and at such other times as its chair shall direct. The monthly meetings shall be on the fourth Friday of every month at 7:00 p.m. in City Hall or such other time and location as agreed upon by the Commission. The Commission shall make quarterly reports to the Mayor and to the Council. The meetings shall be open to the public and recorded electronically and published on line for viewing or commenting.

C. Term of office. Members of the Municipal Youth Guidance Commission shall be appointed to serve for a term of three years or until their successors be appointed. Youth ambassadors shall be appointed for a period of one year.

D. Duties. The Municipal Youth Guidance Commission is an advisory board and shall be charged with responsibility to:

(1) Assist in coordinating and integrating community plans and services, governmental and voluntary, affecting the welfare of all children and youth in the community.

(2) Assist in coordinating and integrating community plans and services, governmental and voluntary, for protecting children who are especially exposed to conditions conductive to delinquency.

(3) Assist in coordinating and integrating community plans for the control of harmful influences in the community.

(4) To enhance the quality of life for youth in Paterson through coordinating, networking, advocacy, reviewing and recommending policies and legislation affecting youth in this City to the Mayor, Municipal Council and the Administration.

(5) To provide input and advice to the City on programs which benefit the City's gifted and talented youth.

(6) To encourage the Mayor and City Council to develop business training and employment programs for youth.

(7) To provide input and advice on programs that serve the City's youth.

(8) The planning of programs for youth in cooperation with existing agencies in order to insure complete coverage of the problem and avoid duplication.

E. Powers of Guidance Commission. Each Municipal Guidance Commission shall have power to:

(1) Undertake, supervise or direct the making of studies and surveys of all matters and things which are or may be related to or in the interest of youth guidance.

(2) Create subcommittees, composed of members and nonmembers of the Municipal Youth Guidance Commission, to aid and assist in the work of the said Commission.

(3) Request and obtain such cooperation, assistance and data from various municipal departments, boards, bureaus, commissions and other agencies as may be reasonably necessary in order to carry out its work.

(4) Make recommendations, devise plans and suggest ways and means to meet the various problems having to do with youth guidance.

§ 5-79 Fire Division, Fire Chief as head, general duties.

A. Within the Department of Public Safety, there shall be a Division of Fire, the head of which shall be the Fire Chief.

B. Under the direction and supervision of the Public Safety Director, the Fire Division shall:

(1) Have exclusive jurisdiction over the control, fighting and extinguishment of any conflagration, which occurs within the City limits.

(2) Provide firefighting services and facilities for the protection of life and property within the City and in accordance with such mutual aid agreements as may be in force.

(3) Investigate the cause, circumstances and origin of fires and report to the County Prosecutor every case of suspicion of arson.

(4) Maintain and administer an ambulance service, fire prevention bureau, public fire education and fire safety inspection service for the City.

(5) Maintain and administer an emergency communications service for the City with the Emergency Management Coordinator having responsibility of personnel and program management.

(6) Operate a training program to maintain and improve the efficiency of the members of the Division.

§ 5-80 Fire Division personnel.

The Fire Division shall consist of such officers and personnel as have been heretofore or may hereafter be authorized.

§ 5-81 Hours of duty for Fire Division.

A. The schedule of the particular hours of each member of the Fire Division shall be determined and posted in writing by the Fire Chief or his/her designee, subject to the direction and approval of the Public Safety Director, and in a manner not inconsistent with any applicable collective bargaining agreement.

B. Nothing in this section shall be construed to mean that, in times of emergency, the Public Safety Director, the Fire Chief or any other authorized official shall be prohibited from summoning to and keeping on duty as many firemen as may be necessary within the sole discretion of said official to cope with such emergency.

§ 5-82 Use of terms in portions of this Code adopted prior to the merger of the Police Department and Fire Department into a unified Department of Public Safety.

In all portions of this Code adopted prior to the merger of the Police Department and Fire Department into a unified Department of Public Safety, all references to "Police Department," "Department of Police," "Fire Department" or "Department of Fire" shall be reasonably construed as referring to the Department of Public Safety. Similarly, all references to "Police Director" or "Fire Director" shall be reasonably construed as referring to the Public Safety Director.