[Amended 12-10-1998 by Ord. No. 98-18; 2-8-2001 by Ord. No. 2001-3; 9-13-2001 by Ord. No. 2001-18; 9-10-2009 by Ord. No. 2009-14; 9-8-2016 by Ord. No. 2016-13]
A.
There is hereby established in and for the Borough of Netcong a Police
Department, the head of which shall be the Police Chief. The Department
shall consist of a Chief, Lieutenant, at least one but not more than
three Sergeants and not more than 10 patrolmen.
B.
The assignment of police detective(s) and police corporal(s) shall
be at the discretion of the Chief of Police or in his/her absence
his/her designee. These assignments, if made, shall be temporary in
nature, can be revoked at any time and for any reason and the officer
shall be assigned back to the patrol division. There shall be no additional
compensation associated with these assignments.
C.
The officers and members of the Police Department shall be appointed
by the Mayor, with the advice and consent of the Borough Council.
A.
The rights, privileges, powers and duties of the members
of the Police Department, as well as special officers or temporary
officers, shall be those prescribed by the laws of the State of New
Jersey, the ordinances of the Borough of Netcong and such rules and
regulations as may from time to time be established by the appropriate
authority.
B.
Members of the Police Department shall also have the
power to serve and execute all process issuing out of the Municipal
Courts of the State of New Jersey.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
The Borough Administrator shall serve as the
appropriate authority, as defined in N.J.S.A. 40A:14-118, to whom
the Police Chief shall be directly responsible for the efficiency
and routine day-to-day operations of the Police Department. The appropriate
authority shall adopt and promulgate the rules and regulations for
the government of the Police Department and for the discipline of
its members.
[Amended 9-9-1997 by Ord. No. 97-13; 2-8-2001 by Ord. No. 2001-3; 3-14-2002 by Ord. No. 2002-2; 5-10-2018 by Ord. No. 2018-6; 6-10-2021 by Ord. No. 2021-16]
A.
Membership requirements.
(1)
No person shall be appointed a member of the Police Department unless
the person:
(a)
Is a citizen of the United States;
(b)
Is sound in body and of good health sufficient to satisfy the
Board of Trustees of the Police and Fireman's Retirement System of
New Jersey as to his or her eligibility for membership in the retirement
system;
(c)
Is able to read, write and speak the English language well and
intelligently;
(d)
Is of good moral character and has not been convicted of any
criminal offense involving moral turpitude;
(e)
Has been a resident of the State of New Jersey for at least
six months prior to the date of appointment;
(f)
Has completed and filed with the Borough a written application,
under oath, on a form to be furnished by the Borough;
(g)
Has a valid New Jersey driver's license prior to the date of
appointment;
(h)
Has earned at least an associate's degree or has attained a
minimum of 60 credits from an accredited four-year college or university,
with a concentration in police science, public safety administration,
political science or a related field prior to the date of appointment;
and
(i)
Has successfully passed a medical and psychological examination.
B.
No person shall be given a permanent appointment as a member of the Police Department unless such person has first served a probationary or temporary term of office for a period of one year and 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. A probationary or temporary appointment may exceed one year for those persons enrolled in a police training course scheduled to end subsequent to the one-year limit set forth above. In no case shall an extension granted for attendance at a police training course exceed six months. Employment by the Borough shall automatically terminate upon the completion of the probationary period unless the probationary officer is appointed by the Mayor and confirmed by the Borough Council as a permanent member of the Department.
C.
Each member of the Police Department shall, before entering upon
the performance of his or her duties, take and subscribe an oath to
support the Constitution of the United States and the Constitution
of the State of New Jersey, to bear true faith and allegiance to the
same and to the governments established in the United States and in
this state and to faithfully, impartially and justly perform all of
the duties of his or her office.
[Amended 12-10-1998 by Ord. No. 98-18; 2-8-2001 by Ord. No. 2001-3; 9-13-2001 by Ord. No. 2001-18; 3-14-2002 by Ord. No. 2002-2; 9-10-2009 by Ord. No.
2009-14; 5-10-2018 by Ord. No. 2018-6; 6-10-2021 by Ord. No. 2021-16]
A.
Promotion policy. Promotion denotes vertical movement in the organization hierarchy, from one rank classification to another. Validity of the promotional process can only be accomplished through clear and concise procedures. A promotional process has been developed to identify employees who possess the ability to assume greater responsibilities combined with the necessary skills and knowledge to perform competently at a higher organizational level. This policy is established for the positions of Sergeant, Lieutenant and Chief of Police, as those positions may be established from time to time by the Borough Council pursuant to § 54-1 of this chapter.
B.
Eligibility. The following criteria shall be used to determine eligibility
for promotion to the ranks of Sergeant, Lieutenant and Chief of Police,
provided said ranks are established by the Borough Council:
(1)
All candidates seeking promotion to the rank of Sergeant must have
a minimum of three years' experience (including probation) as a Police
Training Commission certified police officer. All candidates must
have an associate's degree or attained a minimum of 60 college credits
in police science, political science, public safety administration
or a related field from a recognized college or university to be eligible
for said promotion.
(2)
All candidates seeking promotion to the rank of Lieutenant must have
a minimum of eight years' experience as a Police Training Commission
certified police officer, two years of which shall be as a superior
officer. All candidates must have an associate's degree plus 30 credits
or attained a minimum of 90 college credits in police science, political
science, public safety administration or a related field from a recognized
college or university to be eligible for said promotion.
(3)
All candidates seeking promotion to the rank of Chief of Police must
have a minimum of 10 years' experience as a Police Training Commission
certified police officer, two years of which shall be as a superior
officer. All candidates must have a Bachelor of Arts degree in police
science, political science, public safety administration or a related
field from a recognized college or university to be eligible for said
promotion.
(5)
All promotions shall be made from the membership of the Netcong Borough
Police Department, provided that the candidate meets the eligibility
requirements of this section and successfully completes the promotional
process as contained herein.
C.
Promotional process, Lieutenant and Sergeants. At least 30 days prior
to the date of the commencement of the promotional process for the
ranks of Lieutenant and Sergeant, a notice shall be posted at the
Police Department that will set forth the following:
(1)
The position or positions available through promotion.
D.
Lieutenant and Sergeant - essay and personal interview.
(1)
The Chief of Police, or in the absence of a Chief, the Borough Administrator,
shall provide the candidates with a copy of the essay question and
notify them of their scheduled personal interview date at least 14
days prior to the interview. All candidates shall submit their completed
essay at least seven days prior to the date of their personal interview.
Failure to submit the completed essay prior to the due date shall
result in a candidate's disqualification from the promotional process.
(2)
A Police Promotional Committee consisting of the Mayor, Borough Administrator
and two members of the Borough Council designated by it (hereinafter
collectively referred to as the "Committee") shall review and grade
the candidate's essay and shall conduct the personal interview.
(3)
The essay shall consist of one question posed to the candidates to
which the candidates must provide a typewritten response of no more
than 500 words. The same question shall be given to each of the candidates.
Each Committee member shall score each essay, with 100% being the
maximum attainable score. The candidate's overall score on the essay
shall be the average of the combined scores of each Committee member
and shall constitute 50% of a candidate's overall score in the promotional
process.
(4)
The personal interview will be based mainly on a candidate's past
performance and evaluations and shall represent 50% of a candidate's
overall score in the promotional process. The information to be viewed
during the interview will come from each candidate's personnel file.
Each candidate shall be given the opportunity to make a personal statement
if he/she chooses to do so. Each Committee member shall grade each
candidate based on the candidate's interview. The maximum attainable
score for the interview shall be 100%. The candidate's overall score
for the interview shall be the average of the combined scores of each
Committee member. Factors to be considered by the Committee in scoring
the candidate's interview shall be:
(5)
Letters concerning a potential candidate received between the day
the notice of a promotional examination is posted and the conclusion
of the promotional examination shall not be considered for the posted
examination.
(6)
The overall score of each candidate shall be calculated as follows:
|
Essay
|
=
|
50%
|
|
Personal interview
|
=
|
50%
|
|
Total
|
=
|
100%
|
E.
Seniority.
(1)
Seniority will be assessed as the final stage of the promotional
process for candidates for the ranks of Lieutenant and Sergeant.
(2)
Seniority shall be worth 1/2 of a percentage point (based on 100%)
for every year of service with the Netcong Borough Police Department
up to a maximum of 10%.
(3)
Seniority shall be determined by the number of years of service completed
as of the date the notice of the promotional examination is posted.
F.
Final overall score.
(1)
Candidate's overall score on the essay and personal interview phases.
(2)
Seniority is worth 1/2 of a percentage point (based on 100%) for
every year of service completed with the Netcong Borough Police Department
up to a maximum of 10%.
(3)
In order to assess the overall score for promotion, add the overall
score received by a candidate, plus seniority.
(4)
The candidate receiving the highest overall final score shall be
appointed by the Mayor, subject to satisfactory physical and psychological
examinations and confirmation by the Borough Council. In the event
that the Mayor deems the individual with the highest score not to
be the best qualified because of the results received from the individual's
psychological and/or physical examinations, the Mayor must submit
all concerns in writing and justify his/her appointment to the Borough
Council.
G.
H.
Physical/psychological examination. Prior to submitting the name
of the highest-scoring candidate to the Borough Council for confirmation,
said candidate shall undergo physical and psychological examinations
by physicians designated by the Borough at the Borough's expense.
I.
Examination eligibility list.
(1)
Candidates who successfully complete the promotional examination
process but do not receive a promotion at the conclusion of the process
may be placed on a promotional list for the same rank for which the
candidates were examined.
(2)
The list will be active for five years from the date of final results
being published. A candidate on the list may be recommended for promotion
to the appropriate rank without further examination within the five-year
period.
(3)
The establishment of the list will be made upon recommendation of
the Chief of Police, or in the absence of the Chief, the Borough Administrator,
to the Mayor and Borough Council and the adoption of a resolution
by the Borough Council establishing the list.
J.
Promotion process, Chief of Police. At least 30 days prior to the date of the commencement of the promotional process for Chief, the Police Promotional Committee shall notify all eligible candidates in writing of the pending promotion. Eligibility shall be determined based upon the criteria established in § 54-5B(3).
(1)
Interested candidates shall notify the Borough Administrator in writing
within 15 days of notification of the pending appointment of their
intent to be considered for the promotion to the rank of Chief.
(2)
The Borough Administrator shall notify the candidates of their personal
interview date in writing at least seven days prior to their personal
interview.
(3)
The Police Promotional Committee shall conduct the personal interviews.
Each candidate shall be given the opportunity to make a personal statement
if he/she chooses to do so. Each Committee member shall grade each
candidate based on the candidate's interview. The maximum attainable
score shall be 100%. The candidate's overall score for the interview
shall be the average of the combined scores of each committee member.
Factors to be considered by the Committee in scoring the candidate's
interview shall be:
(4)
The candidate receiving the highest overall final score shall be
appointed by the Mayor, subject to satisfactory physical and psychological
examinations and confirmation by the Borough Council. In the event
that the Mayor deems the individual with the highest score not to
be the best qualified because of the results received from the individual's
psychological and/or physical examinations, the Mayor must submit
all concerns in writing and justify his/her appointment to the Borough
Council.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
The Chief of Police or, in the absence of a
Chief of Police, the chief law enforcement officer of the Borough
of Netcong shall be directly responsible to the Borough Administrator
for the efficiency and day-to-day operations of the Police Department.
Pursuant to policies established by the Borough Administrator, the
Chief of Police or the chief law enforcement officer, shall:
A.
Administer and enforce the rules and regulations of
the Police Department and any special emergency directive for the
disposition and discipline of the Department and its members and officers.
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department.
C.
Prescribe the duties and assignments of all members
and officers.
D.
Delegate such authority as may be deemed necessary
for the efficient operation of the Police Department.
E.
Report at least monthly to the Borough Administrator
in such form as shall be prescribed on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the Borough Administrator.
F.
Require that all of the laws of the state and ordinances
of the Borough be observed and enforced.
G.
Ensure that all persons connected with the Department
are property instructed in their duties and receive the proper training
necessary for the effective operation of the Police Department.
Each member of the Police Department shall devote
his whole time and attention to the services of the Department. Although
certain hours may be allotted for the performance of regular tours
of duty, officers are considered to be at all times available for
duty and must act promptly at any time that their services are required,
except when on authorized leave or in the event of disability.
Any member of the Police Department of the Borough
of Netcong shall be subject to reprimand, suspension, deduction in
pay, reduction in rank or dismissal, according to the gravity of the
offense, for any of the following causes:
A.
Intoxication while on or off duty, whether in uniform
or not.
B.
Willful disobedience of any provision of the Police
Manual of the Borough of Netcong, dated August 11, 1976, and adopted
October 12, 1976, as the same may be amended and supplemented from
time to time, and which is incorporated herein by reference.
C.
Absence without leave.
D.
Disrespect to a superior.
E.
Leaving his beat or assignment without good reason.
F.
Immorality, indecency or lewdness.
G.
Incompetency.
H.
Neglect of duty.
I.
Violating any criminal law or penal ordinance.
J.
Conduct subversive of good order and discipline of
the Police Department.
K.
Willful maltreatment of a prisoner or citizen.
L.
Conduct unbecoming a police officer and gentleman.
M.
Refusing to do police duty of any kind whenever the
necessity requires, whether on patrol or elsewhere, and whether in
uniform or not.
N.
Neglect in paying his just debts.
O.
Making known any proposed movement of the force.
P.
Violation of any of the rules and regulations for
the government and conduct of the Police Department as promulgated
by the Borough Administrator.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
A.
No permanent member or officer of the Police Department shall be removed from office or employment for political reasons or for any cause other than incapacity, misconduct, disobedience of the rules and regulations established for the government of the Police Department and force by the Borough Administrator or a violation of the rules of conduct for the Police Department established by § 54-8 of this chapter, including the Police Manual of the Borough of Netcong incorporated herein by reference, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause, and then only upon written complaint setting forth the charge or charges against such member or officer. Such complaint shall be signed by the person or persons making the charge(s) against the member or officer and shall be filed with the Borough Administrator. The complaint shall be served by the Borough Administrator upon the member or officer so charged, with notice of a designated hearing upon the charges contained therein, which shall be commenced not fewer than 10 nor more than 30 days from the date of the service of the complaint.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
B.
A complaint charging a violation of the internal rules
and regulations established for the conduct of the Police Department
shall be filed no later than the 45th day after the date on which
the person filing the complaint obtained sufficient information to
file the matter upon which the complaint is based. The forty-five-day
time limit shall not apply if an investigation of the member or officer
for a violation of the internal rules or regulations of the Police
Department is included directly or indirectly within a concurrent
investigation of the officer for a violation of the criminal laws
of this state. The forty-five-day limit shall begin on the day after
the disposition of the criminal investigation. The forty-five-day
requirement for the filing of a complaint against an officer shall
not apply to the filing of a complaint by a private individual.
C.
The hearing upon a complaint filed against a member
or officer of the Police Department shall be conducted by an independent
hearing officer to be chosen by the Borough Administrator from a list
of such independent hearing officers approved by the Borough Council.
Said hearing officer shall preside over said hearing and shall take
such testimony as is presented, it being the intent of this section
to give every member or officer of the Police Department a fair trial
and every opportunity to make his defense. The hearing officer shall
render such decision as he determines to be fair and just under the
factual circumstances he finds to exist, within the guidelines established
by this chapter. Within a reasonable time, but not to exceed two weeks
from the conclusion of the hearing, he shall render a report to the
Borough Administrator setting forth his factual findings and decision.
The Borough Administrator shall immediately take such actions as are
required to implement the decision.
[Amended 9-10-2009 by Ord. No. 2009-14]
D.
A failure to comply with the provisions of this section
as to the filing and service of the complaint against an officer or
member of the Police Department shall require a dismissal of the complaint.
