The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, April 7, 2015 at 8:09pm.
Mayor John Labrosse Jr. called the meeting to order and the City Clerk Deborah Karlsson announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall.
Attendance
Ms. Karlsson called the roll: Mayor John P. Labrosse Jr., Deputy Mayor Kathy Canestrino, Councilman Leonardo Battaglia and Councilman David Sims were present. City Manager David Troast and Attorney John Visconi was in attendance for City Attorney Thomas Scrivo. Councilwoman Rose Greenman was not in attendance due to her resignation effective March 31, 2015.
Flag Salute
Proclamations - None
Presentation
Mr. Jerry Lombardo, Chairman of the Hackensack Main Street Alliance, presented about the nonprofit’s support of redevelopment and presented the Mayor and Council with a $40,000 check from Meridia and Sanzari for downtown improvements.
The Mayor and Council thanked the Alliance, Mr. George Capodagli, and Mr. David Sanzari.
Approval of Minutes -None
City Manager’s Report – David R. Troast
We received NJDOT funding of $164, 361. We are hoping to get funding for Main Street Quality of Life Project, a streetscape project from Anderson to Ward Streets. The Police Youth Academy is going on this week and has been successful so far.
City Manager then gave a summary about the 2015 Budget.
Jim Mangin, City C.F.O., commented on the long term goal of the 2015 Budget.
Mayor Labrosse thanked the City Manager and C.F.O. and commented on the 2015 Budget.
Approval of Resolutions
Council Member / Intro / Second / Yes / No / Abstain / Absent / ExcusedBattaglia / X
Deputy Mayor Canestrino / X / X
Sims / X / X
Mayor Labrosse / X
CITY OF HACKENSACK
RESOLUTION NO. 130-15
FINAL ADOPTION OF ORDINANCE NO. 13-2015 AN ORDINANCE TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “POLICE DEPARTMENT”
This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”
Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that there be a public hearing.
PUBLIC HEARING –
Rick Salkin – Could you please explain why you eliminated the Police Chief position? The City Manager explained that there were conflicts with leaving the wording as it was. Mayor stated that we are amending this ordinance to work our way back to having a Police Chief. Just because it is in the ordinance doesn’t mean you have to fill the position. You have a position for Deputy Chief but that is not filled. How is that different? Not sure why you have to do this.? You don’t have to fill this position.
Steven Gelber – There is no black or red lined version of this ordinance. I am asking is that the only change? The elimination of the Police Chief? City Manager stated that there may have been some language changed within the ordinance about the role of the Police Director. Could you please tell me what has been changed? The manager stated he didn’t have his redlined copy so he would not and could not say for sure what had been changed. You should submit an OPRA request. City Attorney Visconi said that there was no legal reason why a redlined copy could not be given out, but he would defer to the council. The resident could just look on the website and compare the new with the old. Manager also stated that he would defer back to the council. Mr. Gelber stated now we are circling back around with this question and still don’t have an answer. At this time the Mayor told Mr. Gelber to OPRA the ordinance.
Bart Haverty - What is the difference in salary between the Chief and Police Director which is cheaper for the city? One of the reasons we hired a Police Director was to resolve some of the issues within the Police Department but it seems we have come full circle. Do we have a plan B to remedy these issues? We need to go through the rank and file in order to appoint a chief.
Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that the public hearing be closed.
BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 13-2015 has passed its second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 13-2015
AN ORDINANCE TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “POLICE DEPARTMENT”
ARTICLE I. Department Organization, Duties, and Regulations
§32-1. Establishment of the Police Department.
There is hereby created, in and for the City of Hackensack, a Police Department, as follows:
A. Sworn Officers. One (1) Deputy Chief, Five (5) Captains, Nine (9) Lieutenants, Eighteen (18) Sergeants, and a maximum of Eighty (80) Police Officers, to be appointed to these positions by the City Manager with the budgetary approval of the City Council, as public need may require.
B. Civilian.
(1) Communication operators, mechanics, parking meter repairers, parking meter collectors and repairers, school traffic guards, office-clerical personnel and such other titles as may be established.
(2) Director of Police.
i. Establishment. The City Manager shall appoint a person to be designated as the ‘Director of Police’, to serve at the pleasure of the City Manager, as herein provided.
ii. Said Director of Police, shall assume and be vested with all powers and duties allowable under this ordinance and to the fullest extent permissibly delegable to him under N.J.S.A. 40A:14-118. Any reference in any law or ordinance to the Chief of Police or to the Police Chief shall be deemed to include the Director of Police, so long as it is in accordance with all applicable New Jersey state statutes.
iii. The compensation of said ‘Director of Police’ shall be set by a duly executed Contract by and between said person and the City of Hackensack.
C. Special Law Enforcement Officers. The City of Hackensack hereby establishes Special Law Enforcement Officers pursuant to and in compliance with the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.)
(1) Special Law Enforcement Officers are subject to the personnel policies of the City of Hackensack.
(2) Special Law Enforcement Officers are subject to the City of Hackensack Police Department’s Rules and Regulations, and Written Directive System, where applicable.
§32-2. Purpose.
The Police Department shall:
A. Preserve the public peace;
B. Protect life and property;
C. Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the City of Hackensack;
D. Direct and control traffic;
E. Provide attendance and protection during emergencies;
F. Make appearances in court;
G. Cooperate with all other law enforcement agencies; and
H. Provide training for the efficiency of its members and officers.
§32-3. Director of Police; powers and duties.
Pursuant to N.J.S.A. 40A:14-118, and to the fullest extent permissibly delegable to him under said statute, the Director of Police shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Director of Police shall, pursuant to policies established by the appropriate authority and consistent with City ordinances:
A. Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its officers and personnel.
B. Have, exercise, and discharge the functions, powers and duties of the Police Department.
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 Police Department 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 the appropriate authority on the operation of the force during the preceding month, and make such other reports as may be requested by the appropriate authority.
§32-4. Appropriate authority designated.
In accordance with N.J.S.A. 40A:14-118, the City Manager is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law.
§32-5. Appointment of officers and personnel.
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The selection criteria for a police officer shall be in accordance with Department policy, the rules and regulations of the State of New Jersey Department of Personnel and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances.
§32-6. Disciplinary action.
Discipline of police officers will be imposed consistent with New Jersey State statutes, New Jersey Administrative Code, the rules and regulations of the Hackensack Police Department, and the rules and regulations of the State of New Jersey Department of Personnel. The written charges will be signed by the Director of Police, or designee as provided in the New Jersey Statutes and the Police Department's rules and regulations. Police officers may also be subject to discipline for violating other statutes, ordinances, and policies.
§32-7. Rules and regulations.
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 the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all employees of the Police Department shall be subject to such rules and regulations and penalties.
§32-8. Off-duty police officers.
A. Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Hackensack Police Department and to authorize the outside employment of City police while off duty, the City hereby establishes a policy regarding the use of said officers.
(1) Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts 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 City.
(2) Any person or entity wishing to employ off-duty police shall first obtain the approval of the Director of Police, or said Director’s designee, which approval shall be granted if, in the opinion of the Director, or said Director’s designee, 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.
B. Escrow accounts.
(1) Any person or entity requesting the services of an off-duty law enforcement officer in the Hackensack Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Director of Police, or said Director’s designee, and shall establish an escrow account with the City Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. This may be waived for nonprofit organizations, public utilities, or for companies that have a working relationship with the City.
(2) Prior to posting any request for services of off-duty law enforcement officers, the Director of Police, or said Director’s designee, shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Director of Police, or said Director’s designee, shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the City Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.
(3) In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
(4) The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
C. Requests for services.
(1) Any law enforcement officers, when so employed by the City, shall be treated as employees of the City; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
Article II. Special Law Enforcement Officers
§32-9. Classes established; duties; compensation.
A. The following classes of Special Law Enforcement Officers are hereby established:
(1) Class I Special Law Enforcement Officers (hereinafter referred to as “Class I Officers”).
(a) Class I Officers shall have the power to perform routine traffic detail, spectator control and similar duties. Class I Officers also 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.
(b) Class I Officers shall not be compensated and shall not receive benefits.
(2) Class II Special Law Enforcement Officers (hereinafter referred to as “Class II Officers”).
(a) Class II Officers shall have the same power and authority of a full-time, permanent Hackensack police officer only when on duty and actually performing his or her public safety function as designated by the Director of Police. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.