Borough of Westwood, NJ Police Department

There is hereby created in and for the Borough of Westwood a Police Department, which shall consist of no more than one Chief of Police, no more than one Captain, no more than three Lieutenants, no more than six Sergeants, and no more than 20 police officers, to be appointed to these positions by the Governing Body of the Borough of Westwood. Officers on terminal leave, other than the Chief of Police, shall not be counted toward the maximum number of allowable positions provided for in this Table of Organization. At the sole discretion of the Governing Body, it may elect to leave any of the aforementioned positions vacant for reasons of economy or efficiency.

[1]

Editor's Note: Refers to Ord. No. 23-37, which was adopted 12-5-2023.

Effective as of October 1, 2024:

There is hereby created in and for the Borough of Westwood a Police Department, which shall consist of no more than one Chief of Police, no more than one Captain, no more than three Lieutenants, no more than five Sergeants, and no more than 20 police officers, to be appointed to these positions by the Governing Body of the Borough of Westwood. Officers on terminal leave, other than the Chief of Police, shall not be counted toward the maximum number of allowable positions provided for in this Table of Organization. At the sole discretion of the Governing Body, it may elect to leave any of the aforementioned positions vacant for reasons of economy or efficiency.

§ 59-2 Purpose of the Police Department.

The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Westwood; direct and control traffic; provide attendance and protection during emergencies; make appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.

§ 59-3 Chief of Police; powers and duties.

The Mayor shall appoint a Chief of Police with the consent and approval of the Governing Body. The Chief shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the Governing Body and consistent with Borough ordinances:

Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the deposition and discipline of the Department and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the Police Department.

Prescribe the duties and assignments of all subordinates and other personnel.

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.

Report at least monthly to the appropriate authority, in such form as shall be prescribed by the Governing Body, on the operation of the force during the preceding month and make such other reports as may be requested by the Governing Body.

§ 59-4 Designation of appropriate authority.

In accordance with N.J.S.A. 40A:14-118, the Borough Administrator is hereby designated as the appropriate authority and is hereby vested in the powers and duties of an appropriate authority as delegated by law.

§ 59-5 Appointment of Police Department, 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 established by Department policy, consistent with the New Jersey Statutes.

§ 59-6 Disciplinary actions.

Discipline of police officers will be imposed consistent with N.J.S.A. 40A:14-147. The written charges will be signed by the Chief 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 by the Borough for violating statutes, ordinances and policies.

§ 59-7 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.

§ 59-8 Special police officers.

Authority and purpose. The Borough of Westwood hereby establishes special police officers, pursuant to and in compliance with the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.).

Supplemental regulations.

(1)

Special police officers shall not be utilized to supplant regular police officers on Borough-assigned extra-duty assignments.

(2)

Special police officers are subject to the personnel policies of the Borough of Westwood.[1]

[1]

Editor's Note: See Ch. 50, Personnel Policies.

(3)

Special police officers are subject to the Borough of Westwood Police Department's written directive system, where applicable.

(4)

Class Three special law enforcement officers (SLEO III) who are retired regular police officers and who may, from time to time, be appointed and shall serve at the pleasure of the governing body, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police for use solely as school security officers as detailed in N.J.S.A. 40A:14-146.10 et seq. as necessary.

[Added 5-17-2022 by Ord. No. 22-12]

§ 59-9 Off-duty police officers.

Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Westwood Police Department, and to authorize the outside employment of Borough police while off-duty, the Borough 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 Borough.

(2)

Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted if, in the opinion of the Chief, 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.

Requests for services. All requests to the Borough for the services of off-duty law enforcement officers in the Westwood Police Department for a period of one week or longer shall be forwarded to the Chief of Police for posting at least 10 days before such services are required. Any law enforcement officers, when so employed by the Borough, shall be treated as employees of the Borough; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.

Rates of compensation; administrative fee; payment for services.

(1)

Rates of compensation for contracting the services of off-duty enforcement officers shall be based on a rate of time and one-half of the officer's hourly rate, based on the current contract.

[Amended 9-16-2014 by Ord. No. 14-24]

(2)

An additional fee of $125 is charged for any vehicle use, as assigned by the Chief, for up to seven consecutive hours or any part of a calendar day. Whenever possible, the oldest usable Police Department vehicle will be assigned.

(3)

An additional fee of 20% is established to cover administrative costs, overhead and out-of-pocket expenses of the Borough of Westwood. This is 20% of the total of Subsections C(1) and (2) above.

(4)

All associated payroll taxes.

[Added 9-16-2014 by Ord. No. 14-24]

§ 59-10 Promotion of officers.

[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No. 14-5; 5-19-2015 by Ord. No. 15-10; 6-20-2017 by Ord. No. 17-18]

Goals. The Borough of Westwood desires to promote the most qualified candidates to the ranks of Chief, Captain, Lieutenant and Sergeant. This section establishes the eligibility requirements and the process for promotion to those ranks. The promotion process shall be on the basis of merit, experience/seniority, education, military service, demonstrated ability, competitive written examinations and competitive oral examinations as noted herein. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Westwood Police Department. In accordance with N.J.S.A. 40A:14-118, all promotions within the Westwood Police Department shall be made by the Governing Body, except as to the Chief of Police, whose promotion/appointment shall be made by the Mayor with the consent and approval of the Governing Body.

[Amended 5-18-2021 by Ord. No. 21-7; 12-5-2023 by Ord. No. 23-37]

Eligibility requirements.

(1)

Sergeant. For promotion to Sergeant, no person shall be eligible for such promotion unless he or she:

(a)

Shall have served as a full-time police officer in the Westwood Police Department for at least five years;

(b)

Shall have met or exceeded all Westwood Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(c)

Shall possess (i) an associate's degree; or (ii) 64 college credits; or (iii) 32 college credits combined with four or more years of military service with an honorable discharge. This education requirement shall not apply to officers employed by the Westwood Police Department as of the date of the adoption of this section.

(2)

Lieutenant. For promotion to Lieutenant, no person shall be eligible for such promotion unless he or she:

(a)

Shall have served as a full-time officer in the Westwood Police Department for at least eight years;

(b)

Shall have served at least three years as a full-time Sergeant for the Westwood Police Department;

(c)

Shall have met or exceeded all Westwood Police Department standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(d)

(3)

Captain. For promotion to Captain, no person shall be eligible for such promotion unless he or she:

(a)

Shall have served at least 10 years as a full-time officer in the Westwood Police Department. In determining such length of service, four or more years of military service with honorable discharge shall be the equivalent of one year of employment as a full-time officer for the Westwood Police Department;

(b)

Shall have served at least three years as a full-time Sergeant and/or Lieutenant for the Westwood Police Department;

(c)

Shall have met or exceeded all Westwood Police Department performance standards in his or her three most recent annual performance evaluations conducted by his or her superiors; and

(d)

Shall possess a bachelor's degree or higher. This education requirement shall not apply to officers employed by the Westwood Police Department as of the date of the adoption of this section.[1]

[1]

Editor's Note: Former Subsection B(4), Deputy Chief, as added 5-18-2021 by Ord. No. 21-17, and Subsection B(5), Chief of Police, as amended 5-18-2021 by Ord. No. 21-7, which immediately followed this subsection, were repealed 12-5-2023 by Ord. No. 23-37.

Process.

(1)

In creating the list of eligible candidates for promotion to Sergeant, the Governing Body shall score/rank each such candidate as follows:

(a)

A written test relating to the duties, responsibilities and job functions of the position being sought, to be prepared and administered by the New Jersey State Association of Police Chiefs (or prepared and administered by such other person, association or organization as may be authorized by the Governing Body). The written test shall constitute 30% of the overall total score for each eligible candidate, based on a test that contains a maximum value of 100 points. For example, a candidate who receives 70 points out of the total of 100 possible total points for the written test shall receive 21 points towards the overall total score (70 points x 30% = 21 points). In advance of such written test, the minimum threshold/score required to be eligible for promotion shall be established by the Governing Body, and such minimum threshold/score shall be communicated, in writing, to all eligible candidates for promotion prior to their taking said test. Only those candidates who achieve such minimum score shall be eligible to continue forward in the promotion process for promotion to Sergeant. A ranked list of eligible candidates for promotion shall be created based on the outcome of the aforesaid written test.

(b)

Each eligible candidate who has received on the written test the minimum score required to continue forward in the promotion process shall be interviewed by an oral examination administered by an interview panel (the "interview panel") comprised of the following persons: the Chief of Police, the Borough Administrator, and no more than the next two highest ranking command staff members of the Westwood Police Department, if they exist.

[1]

Only those candidates who have achieved the written test minimum score or greater (out of the maximum of 100 points) on the written examination shall be permitted to sit for an oral examination by said interview panel. Oral examinations by the interview panel shall take place after the receipt of the written examination scores.

[2]

Said interview panel's oral examination and assessment (which examination and assessment shall have 100 points as its maximum score) shall account for 30% of the candidate's total promotional score, with 30 total points being the highest possible score for such oral examination and assessment. By way of example, a candidate receiving a score of 80 points on his/her oral examination by said interview panel shall receive 24 total points for said interview panel's oral examination element of the promotional process (80 x 30% = 24 total points).

[3]

The oral examination and assessment by said interview panel shall include an evaluation of the following criteria: commendations, employee reviews, disciplines and early intervention summaries, annual performance evaluations, merit, productivity, demonstrated ability and accomplishments, efforts supporting department goals and objectives, in-service education and specialized schools, specialized job assignments, responsibilities, subsequent performance, attitude and demeanor, education, military experience, seniority, leadership ability, initiative, productivity, attitude toward peers, supervising officers' recommendations, motivation and morale, previous job performance, loyalty to the Department and community, experience and career development training. Said interview panel shall utilize the same criteria for each of the candidates who are interviewed for the open position(s).

(c)

After being interviewed by said interview panel, each eligible candidate who has received on the written test the minimum score required to continue forward in the promotion process shall be interviewed by the Borough Police Committee. All candidates so interviewed by the Borough Police Committee shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all Police Committee members. The results of such oral interview by the Police Committee, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 40% of the overall total score for each candidate based on the average score of all Police Committee members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 60 points out of the total of 100 possible total points for this oral interview shall receive 24 points towards his/her overall total overall score (60 points x 40% = 24 points).

(2)

In creating the list of eligible candidates for promotion to Chief of Police, Captain, or Lieutenant, the Governing Body shall score/rank each such candidate as follows:

[Amended 5-18-2021 by Ord. No. 21-7; 12-5-2023 by Ord. No. 23-37]

(a)

For promotion to the position of Chief of Police, each eligible candidate shall be interviewed by an interview panel comprised of the Borough Police Committee and the Borough Administrator ("interview panel"). All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. The results of such oral interview by said interview panel, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 65% of the overall total score for each eligible candidate based on the average score of all said interview panel members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 90 points for this oral interview shall receive 58.5 points towards his/her overall total score (90 x 65% = 58.5 points).

(b)

For promotion to the positions of Captain or Lieutenant, each eligible candidate shall be interviewed by an interview panel comprised of the Borough Police Committee, the Borough Administrator, the Chief of Police, and the next highest ranking command staff member, if one exists ("interview panel"). All candidates so interviewed by said interview panel shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all said interview panel members. The results of such oral interview by said interview panel, and its consideration of the candidate's past performance based upon evaluations conducted during the preceding three years, shall constitute 65% of the overall total score for each eligible candidate based on the average score of all said interview panel members of such oral interview. The total possible points for this oral interview shall be 100 points. For example, a candidate who receives a total of 90 points for this oral interview shall receive 58.5 points towards his/her overall total score (90 x 65% = 58.5 points).

(c)

Each eligible candidate for Chief of Police, Captain and Lieutenant shall be interviewed by the Governing Body. All candidates to be interviewed by the Governing Body shall be asked the same questions, and the score accorded to each candidate shall be arrived at by calculating the average of the scores of all Governing Body members. The results of such oral interview by the Governing Body shall constitute 35% of the overall total score for each eligible candidate based on the average score of all Governing Body members of such oral interview. The total possible score for this oral interview shall be 100 points. For example, a candidate who receives a total of 80 points for this oral interview shall receive 28 points toward his/her overall total score (80 points x 35% = 28 points).

(3)

The candidate(s) for promotion to Sergeant receiving the highest score(s) as calculated by reference to Subsection C(1)(a), (b) and (c) above shall be deemed the first candidate eligible for promotion. The candidate(s) for promotion to Captain or Lieutenant receiving the highest score as calculated by reference to Subsection C(2)(b) and C(2)(c) above shall be deemed the first candidate(s) eligible for promotion. The candidate(s) for promotion to Chief of Police receiving the highest score(s) as calculated by reference to Subsection C(2)(a) and C(2)(c) above shall be deemed the first candidate(s) eligible for promotion.

Notwithstanding anything in this chapter to the contrary, the Borough of Westwood reserves the right to waive the written examination and/or oral interview components of the promotional process, when the number of eligible candidates for a particular position is equal to or less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough elects to so waive the written examination and/or oral interview components, all other components of the promotional process within this section not so waived shall remain in effect.

Notwithstanding anything in this chapter to the contrary, the Borough of Westwood reserves the right to relax and/or waive the eligibility requirements for a particular position(s) if the number of eligible candidates for such position(s) is less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough so elects to relax or waive the eligibility requirements, all candidates for the particular position(s), including those who are eligible as a result of the waiver or relaxation of such requirements, shall not be required to undergo or participate in the applicable process set forth in § 59-10C hereinabove.

§ 59-11 Duration of eligibility lists.

[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No. 14-5; 6-20-2017 by Ord. No. 17-18]

A list of the results will be posted and an eligibility list will remain in effect for a period of 24 months from the date of posting. Candidates may review their individual results through the Chief of Police.

After the expiration of the eligibility list, candidates will be required to reapply for any subsequent promotional process.

§ 59-12 Appeals.

[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No. 14-5; 6-20-2017 by Ord. No. 17-18]

Any appeal of the promotional process other than for the reasons set forth in Subsections A(1) and A(2) hereinbelow must be filed within 10 days of the posting of the ranking of candidates, and failing same, such right of appeal shall be deemed waived. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will assess the request and make a determination of how the request will be addressed on a case-by-case basis. Such requests are limited to the following areas of the promotional process:

(1)

Review and retabulation of the scored elements of the selection process.

(2)

Review of any evaluation or internal document that was used in the selection process related to the applicant.

Any appeal, for reasons other than those specified in Subsection A(1) and A(2) above, must be filed, in writing, by a candidate with the appropriate authority, within 10 days of the posting of the ranking of candidates. Any such appeal will be forwarded by the appropriate authority to the Governing Body, which may, in its sole discretion, allow the candidate to be reevaluated.

All determinations by the Chief of Police or the Governing Body are final.

§ 59-13 Repeal.

[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No. 14-5; 6-20-2017 by Ord. No. 17-18[1]]

The provisions of any and all ordinances or resolutions of the Borough which are inconsistent with or which conflict with the provisions § 59-10 through 59-12 be and hereby are repealed.

[1]

Editor’s Note: This ordinance also repealed former § 59-13, Waiver, added 11-12-2013 by Ord. No. 13-30, as amended.