Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 28 of the 1974 Code. Amendments noted when applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 4, § 4-48F.

§ 38-1 Department established.

A Police Department is hereby established in the Borough of Mendham, in the County of Morris and State of New Jersey.

§ 38-2 Members.

[Amended 5-5-1975 by Ord. No. 10-75; 2-6-1989 by Ord. No. 2-89; 1-20-1998 by Ord. No. 1-98; 6-7-1999 by Ord. No. 15-99]
The Police Department of the Borough of Mendham shall consist of a Chief of Police, not more than one Police Captain, not more than one Police Lieutenant, not more than four Police Sergeants and not more than seven police patrol officers. The actual numbers of incumbents, if any, in each position at any particular time shall be determined solely by the Borough Council based upon what it deems necessary to properly preserve peace and good order in the Borough of Mendham and may be less than the maximum herein established. The maximum numbers herein established for Sergeants and patrolmen may include investigators.

§ 38-3 Rules and regulations.

[Amended 6-7-1999 by Ord. No. 15-99]
The Borough Council may, from time to time, establish, amend or repeal such rules and regulations as it may deem necessary to establish efficient and effective operation of the Police Department and to secure proper and capable law enforcement for the protection, health, safety and welfare of the Borough of Mendham and its citizens. The Borough Council shall serve as the appropriate authority, as the same is defined in N.J.S.A. 40A:14-118, to whom the Chief of Police shall be directly responsible for the efficiency and routine day-to-day operations of the Police Department.

§ 38-4 Appointment and salary.

The members of the Police Department shall be appointed and designated by the Borough Council and shall receive such salaries as may be provided by the Salary Ordinance[1] of the Borough.
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.

§ 38-5 Continuation of offices, rank and tenure.

Members of the Mendham Police Department, as presently constituted, are hereby continued in their respective offices or positions, at the salaries established by the Salary Ordinance now in effect. Nothing contained in this chapter shall be considered as affecting the rank and tenure heretofore acquired by any member of the existing Department.

§ 38-6 Qualifications.

No person shall be appointed a member of the Police Department of the Borough of Mendham unless he or she is:
A. 
A citizen of the United States.
B. 
Sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that he or she is eligible to membership in the retirement system.
[Amended 6-7-1999 by Ord. No. 15-99]
C. 
Able to read, write and speak the English language well and intelligently.
D. 
Of good moral character. No person shall be appointed who has been convicted of an indictable offense or who has been convicted of any crime or offense involving moral turpitude.[1]
[1]
Editor's Note: Former Subsection E, pertaining to age requirements, and former Subsection F, pertaining to weight restrictions, which immediately followed this subsection, were repealed 6-7-1999 by Ord. No. 15-99.
E. 
Has a minimum of an associate's degree or has served a minimum of two years active duty in a branch of the military service.
[Added 6-7-1999 by Ord. No. 15-99; amended 11-20-2000 by Ord. No. 19-00]

§ 38-7 Police Chaplain.

[Added 10-3-1983 by Ord. No. 11-83]
There shall be a Police Chaplain, who shall be appointed by the Mayor and Council for a term of one year from the first day of January. The Police Chaplain shall be a fully ordained clergyman in good standing in the religion of his or her faith and shall serve voluntarily and without compensation. The duties of the Police Chaplain shall be to act as a special assistant to the Chief of Police and as an advisor to all members of the Police Department.

§ 38-8 Probationary patrol officers.

[Amended 9-7-1976 by Ord. No. 7-76; 5-1-1978 by Ord. No. 11-78]
Every applicant for membership in the Mendham Police Department shall be employed for a period of at least one year on a probationary basis prior to permanent appointment as a patrol officer. In the case of an applicant having recent prior service as a police officer in a governmental law enforcement agency or in a position comparable thereto in terms of relevant training and experience, the Borough Council may, by resolution, decrease the period of probation to a minimum of six months' employment. Any probationary patrol officer shall comply with state laws and any and all rules and regulations as promulgated by the Borough Council.[1]
[1]
Editor's Note: Original § 28-9, Special police, which immediately followed this section, was repealed 6-7-1999 by Ord. No. 15-99.

§ 38-9 School crossing guards.

[Amended 6-7-1999 by Ord. No. 15-99]
The Council may, from time to time, appoint as school guards such persons as it shall deem to be qualified for such position. The powers and duties of school guards shall be limited to the protection of children while on public thoroughfares in the Borough of Mendham in connection with their attendance at the several schools in said Borough and to the direction and regulation of pedestrian and vehicular traffic at the various street intersections and crossings where they may be stationed. While on active duty, school guards shall be under the jurisdiction of and subject to the orders of the Chief of Police or his or her designee.

§ 38-10 Credit for prior service.

[Amended 6-7-1999 by Ord. No. 15-99]
No person who shall serve as school guard or who shall perform any duties of a police nature, other than as a probationary patrol officer, prior to appointment as a regular member of the Mendham Police Department shall be entitled to credit for any such prior periods of duty or services rendered, either with or without pay, on account of any required tenure or promotion record in the Police Department; provided, however, that persons permanently appointed to said Department who shall have served as probationary patrol officers shall be entitled to credit for service during their probationary periods.

§ 38-11 Oath.

Every person appointed to the Police Department, in whatever capacity, shall, prior to entering upon his or her duties, take and subscribe to an oath or affirmation as may be required and prescribed by the laws of the State of New Jersey.

§ 38-12 Police Physician; physical examination.

A. 
A medical doctor authorized to practice medicine in the State of New Jersey shall be appointed by the Mayor, subject to confirmation by the Borough Council. The Police Physician shall examine all members of the police force or appointees to the force whenever required by this chapter or the rules and regulations as promulgated by the Borough Council and shall report, in writing, the result of such examinations with his or her opinions as to physical fitness for police work of the person examined.[1]
[1]
Editor's Note: Former Subsection B, pertaining to physical examinations every two years, as amended, which immediately followed this subsection, was repealed 6-7-1999 by Ord. No. 15-99.
B. 
Every member of the Mendham Police Department must maintain himself or herself in proper physical condition and good appearance at all times. The Council of the Borough of Mendham or the Chief of Police may require any member of the Police Department to be examined by the Police Physician when, in the opinion of said Borough Council or Chief of Police, such member gives evidence that he or she is unable to perform properly the duties of his or her position. Nothing herein contained shall prevent such a member from submitting supplemental evidence of his or her condition to be supplied by a physician of his or her selection, in addition to that required by the Council or Chief as above mentioned. Psychiatric examinations may, in the discretion of the Chief of Police and subject to the approval of the Public Safety Committee, be required at least every three years from the date of last examination, with the records to be retained by the examining physician.
[Amended 6-7-1999 by Ord. No. 15-99]
C. 
Recommendations of the Police Physician for corrective measures of physical deficiencies interfering with the duties of a member of the Mendham Police Department shall be followed by such member, subject to the approval of the member's personal physician.

§ 38-13 Leave of absence for military service.

A. 
When any member of the Mendham Police Department who has entered or hereafter shall enter the active military or naval service of the United States or of this state, in time of war or an emergency or for or during any period of training or pursuant to or in connection with the operation of any system of selective service, or who has entered or hereafter in time of war shall enter the active service of the United States Merchant Marine or any similar organization authorized by the United States to serve with the army or navy, he or she shall be granted a leave of absence for the period of such service and for a further period of three months after receiving his or her discharge from such service. If any such person shall be incapacitated by reason of wounds or sickness at the time of his or her discharge from such service, his or her leave of absence shall be extended until three months after his or her recovery from such wound or sickness or until the expiration of two years from the date of his or her discharge from such service, whichever shall first occur.
B. 
In no case shall such person be discharged or separated from his or her office, position or employment during such period of leave of absence because of his or her entry into such service. During the period of such leave of absence, such person shall be entitled to all the rights, privileges and benefits that he or she would have had or acquired if he or she had actually served in such office, position or employment during such period of leave of absence, except, unless otherwise provided by law, the right to compensation. Such leave of absence may be granted with or without pay as provided by law. Such person shall be entitled to resume the office, position or employment held by him or her at the time of his or her entrance into such service, provided that he or she shall apply therefor before the expiration of his or her said leave of absence. Upon resumption of his or her office, position or employment, the service in such office, position or employment of the person temporarily filling the same shall immediately cease. If any person shall be appointed a member of the Police Department of the Borough of Mendham to fill any vacancy, the Council thereof shall certify how such vacancy occurs or exists and the name of the person, if any, who held such office or position immediately prior to the vacancy. No person who, after entry into such service, shall have been separated from such service by a discharge of lesser degree than honorable discharge shall be entitled to any of the rights, privileges or benefits herein conferred.

§ 38-14 Replacement of member on leave.

A. 
When any member of the Police Department of the Borough of Mendham is granted a leave of absence as hereinabove set forth or pursuant to any law granting leaves of absence to persons entering the military or naval forces of the United States or of this state, the Council may appoint a person to serve in the place of the person who has been granted such leave of absence and during the continuation thereof. Such appointment shall constitute a temporary appointment only, and such temporarily appointed person shall have no obligation to contribute to any pension fund and shall acquire no pension or tenure rights.
B. 
The Council, in making the temporary appointment, may appoint any person who is not less than 18 nor more than 45 years of age, who is a citizen of the United States, is sound in body, of good health, able to read, write and speak the English language well and intelligently and is of good moral character; but no person shall be so appointed who has been convicted of any crime involving moral turpitude which, in the judgment of the Council, would be prejudicial to the morale of the Department.
C. 
Such temporary appointment shall terminate upon the expiration of the leave of absence granted to the appointee's predecessor in office or upon official notification of the permanent incapacity or death of such predecessor. It may be terminated sooner if such appointment is found to be no longer necessary or in the interest of economy.

§ 38-15 Applicability of appointment date for member on leave.

Any person who has been or shall be appointed a member of the Police Department of the Borough of Mendham while serving in the military or naval service of the United States in time of war and who has been or shall be delayed in qualifying and becoming a member of such Police Department as a result of such service and who has qualified and become a member of such Police Department or who shall qualify and become a member of such Police Department within six months after discharge or release from such service under conditions other than dishonorable shall be considered, for the purpose of determining his or her years of service, rank and grade, increase in pay or any other rights or benefits, as having qualified and to have become a member of any such Department as of the date of his or her appointment, notwithstanding the requirements of any other law concerning the appointment of members to such Police Department.

§ 38-16 Suspensions, fines and reductions.

A. 
No person shall be removed from office or employment in the Police Department of the Borough of Mendham for political reasons or for any cause other than incapacity, misconduct, nonresidence in state or disobedience of rules and regulations established for the government of the police force and Department of the Borough of Mendham.
[Amended 6-7-1999 by Ord. No. 15-99]
B. 
No person, whether officer of or employee in such Police Department of the Borough of Mendham, shall be suspended, removed or reduced from office or employment therein except for just cause as hereinbefore provided, and then only after written charge or charges of the cause or causes of the complaint shall have been preferred against such officer of or employee in said Police Department, signed by the person or persons making such charge or charges, in the office of the Clerk of the Borough of Mendham and a copy thereof filed and a copy thereof served upon such person within 15 days after the filing thereof and after the charge or charges shall have been publicly examined by the Council of the Borough of Mendham, upon reasonable notice from the Council to the person charged, which examination shall be commenced not less than 15 days nor more than 30 days after said copy of such charge or charges shall have been so served.
C. 
It is intended by this section to give any person against whom a charge or charges for any cause may be preferred under this section a fair trial upon said charge or charges and every reasonable opportunity to make his or her defense, if any, he or she has or chooses to make. In the event of failure of compliance with any provision in this section, such charge or charges shall be dismissed.
D. 
The Council shall have the power to issue writs of subpoena to compel the attendance of witnesses. Every person who neglects or refuses to obey the command of such a writ shall be liable to a penalty not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination of these provisions, to be sued for in the name of the Borough of Mendham in any court of competent jurisdiction. The penalty, when collected, shall be paid into the general fund of the Borough of Mendham.
[Amended 6-7-1999 by Ord. No. 15-99]
E. 
If any officer of or employee in the Police Department of the Borough of Mendham shall be suspended pending trial on charges, such trial shall be commenced within 30 days after service of the copy thereof upon him or her; otherwise, the charges shall be dismissed and the officer or employee returned to duty.
F. 
Any member of the Police Department of the Borough of Mendham who has been convicted of any violation of any of the rules and regulations of such Department by the Council of the Borough of Mendham may appeal such conviction in the manner provided by law.

§ 38-17 Decrease in personnel for economy reasons.

When the Council of the Borough of Mendham shall, for reasons of economy, find it necessary to decrease the number of members of or employees in the Police Department, or of any grade or rank thereof, in such Borough, it shall proceed in the following manner:
A. 
If the Council shall determine to decrease the number of any of the higher ranks or grades of the Police Department, it shall demote such member of or employee, or members or employees, of such higher rank or ranks to the next rank below. It shall not remove any such member or employee from such Department for reasons of economy, except as hereinafter provided, and in any such demotion from the higher rank or grade, the member or employee to be demoted shall be the last one so appointed to such higher rank or grade. All dismissals or removals from the Department for reasons of economy shall be made from the last person or persons appointed to the Department, regardless of the rank of such person at the time of decreasing the number of employees.
B. 
If any officer, employee or member of said Police Department shall be demoted to a lower rank or grade for reasons of economy, such member or employee shall be carried on a special list, and when promotions are made to such higher rank or grade, the person demoted for reasons of economy shall be the first to be restored to the rank from which he or she was demoted.[1]
[1]
Editor's Note: Former Subsection C, pertaining to members or employees demoted or removed from office since January 1, 1933, which immediately followed this subsection, was repealed 6-7-1999 by Ord. No. 15-99.

§ 38-18 Copies of records.

[Added 10-4-1976 by Ord. No. 10-76]
Copies of accident reports and other police records which may be required or authorized to be made available to the public shall be provided by the Department upon request and payment of the following fees:
A. 
Record or report. Fees shall be as set forth in Chapter 102, Fees.
[Amended 4-21-1980 by Ord. No. 10-80]
B. 
Photograph. Fees shall be as set forth in Chapter 102, Fees.
C. 
Copies by private citizens. If the custodian of any such records shall find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he or she may permit any citizen who is seeking to copy more than 100 pages of records to use his or her own photographic process, approved by the custodian, upon the payment of a reasonable fee, considering the equipment and the time involved, to be fixed by the custodian, as set forth in Chapter 102, Fees.
[Added 4-21-1980 by Ord. No. 10-80]

§ 38-19 Extra-duty assignments.

[Added 12-27-1979 by Ord. No. 22-79[1]]
Members of the Police Department shall be permitted to accept extra-duty assignments as safety or security personnel for private entities and school districts under the following terms and conditions:
A. 
Such extra duty shall be at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough and shall in no event be performed during a regular-duty shift.
B. 
Private entities and school districts shall pay to the Borough such hourly sum as may be fixed from time to time by Borough Council resolution as compensation for such service. The Borough shall remit to the patrol officer performing the duty such portion of the hourly rate as is not required for administrative expense, all as fixed by resolution of the Borough Council.
C. 
Before accepting any such extra-duty assignment, a member of the Police Department shall obtain the approval of the Chief of Police or Public Safety Chairperson, which shall be granted if, in the opinion of the Chief or Chairperson, the assignment would not be inconsistent with the efficient functioning and good reputation of the Department. In such event, the Borough Council shall have the ultimate authority to prohibit any particular assignment for good cause appearing.
D. 
The Chief of Police and the Borough Treasurer are hereby authorized and directed to establish and implement such administrative procedures as are necessary and desirable from time to time in dealing with private entities and school districts as hereinabove set forth, subject to approval by the Borough Council.
[1]
Editor's Note: Original § 28-19, Casual employment of off-duty personnel, added 3-5-1979 by Ord. No. 2-79, was repealed 4-16-1979 by Ord. No. 9-79.

§ 38-20 Promotions.

[Added 6-6-2011 by Ord. No. 4-11]
A. 
Promotion policy. Promotion denotes vertical movement in the organization hierarchy from one rank classification to another, accompanied by increases in salary. Validity of the promotional process can only be accomplished through clear, 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 Captain. The following shall constitute the requirements and procedure of promotional process for the above-referenced officers of the Mendham Borough Police Department.
[Amended 3-3-2014 by Ord. No. 1-14; 9-7-2017 by Ord. No. 8-17]
B. 
Oral question-and-answer examination/personal interview.
(1) 
A Police Promotional Committee, consisting of an individual with police experience as a former New Jersey Chief of Police (hereinafter "consultant"), the Public Safety Chair, the Mayor and, at the option of the Mayor, a fourth person (hereinafter collectively referred to as the "Committee"), shall conduct an oral question-and-answer examination and shall interview candidates for promotion to the ranks of Lieutenant, Captain and Chief of Police.
(2) 
The oral question-and-answer examination/personal interview shall be the only test applicable to candidates for promotion to the ranks of Chief of Police, Captain and Lieutenant. Notice of testing pursuant to this section for promotion to the ranks of Chief of Police, Captain and Lieutenant shall be posted in the Police Department at least 60 days prior to the testing.
(3) 
The question-and-answer examination shall consist of five questions posed to the candidates, to which questions the candidates must provide oral answers. The questions shall be based on hypothetical situations, and the same questions shall be given to each of the candidates. The candidate's oral answers to the questions posed shall be evaluated by the Committee with regard to the candidate's practical application of acceptable police operation procedures applicable to the situations presented. The candidate's overall score for each answer shall be the average of the combined scores of each Committee member. Each overall score for each answer shall represent 10% (for a total of 50% for the five answers) of a candidate's overall score for the oral question-and-answer examination/personal interview.
(4) 
The interview will be based mainly on a candidate's past performance and evaluations and shall represent 40% of a candidate's overall score for the oral question-and-answer examination/personal interview. The main supporting 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 interview with a score of 1 to 40 (40 being the maximum score). The candidate's overall score for the interview shall be the average of the combined scores of each Committee member.
(a) 
Factors to be considered by the Committee in scoring the interview shall be:
[1] 
The candidate's performance/leadership skill.
[2] 
The candidate's initiative.
[3] 
The candidate's breadth of knowledge.
[4] 
The candidate's experience.
[5] 
The candidate's training.
[6] 
The candidate's career development.
[7] 
The candidate's supervisory knowledge.
[8] 
The candidate's supervisory experience.
[9] 
The candidate's attitude:
[a] 
Use of sick time.
[b] 
Efforts in supporting Department goals and objectives.
[c] 
Handling and care of Police Department equipment.
[d] 
Communication and interaction with fellow employees and the public.
[10] 
Discipline.
[11] 
Commendation.
[12] 
Appearance and demeanor.
[13] 
Special assignments.
(b) 
Letters of appreciation from outside the Department concerning a potential candidate received between the date that notice of a promotional examination is posted and the conclusion of the promotional examination shall not be considered for the posted examination.
(5) 
The oral question-and-answer examination/personal interview shall comprise approximately 90% of the promotional examination for the promotion to the ranks of Chief of Police, Captain and Lieutenant. The overall score of each candidate for the oral question-and-answer examination/personal interview shall be as follows:
Evaluation Criteria
Percentage of Overall Score
Question 1
10%
Question 2
10%
Question 3
10%
Question 4
10%
Question 5
10%
Interview
40%
Seniority
10%
Total
100%
C. 
Seniority.
(1) 
Seniority will be assessed as the final stage of the promotional process for all candidates for all ranks.
(2) 
Seniority shall be worth 1/2 of a percentage point for every year of service with the Mendham 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.
D. 
Final overall examination score.
(1) 
The oral question-and-answer examination and personal interview are worth a maximum of 90%.
(2) 
Seniority is worth 1/2 of a percentage point for every year of service completed with the Mendham 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 on the oral question-and-answer examination/personal interview, plus seniority.
(4) 
The candidate receiving the highest overall final score for the ranks of Captain and Lieutenant shall be recommended by the Committee to the Mayor and Borough Council for promotion, subject to positive results of both the physical and psychological examinations as required in Subsection F. In the event that the Committee deems the individual with the highest score not to be the best qualified because of the results received from the individual's psychological and physical examinations, the Committee must submit all concerns in writing and justify its recommendation to the Borough Council.
(5) 
The candidate receiving the highest overall final score for the rank of Chief of Police shall be recommended by the Police Promotional Committee to the Mayor and the Borough Council, subject to the results of both the physical and psychological examinations as required in Subsection F. In the event that the Police Promotional Committee deems the individual with the highest score not to be the best qualified because of the results received from the individual's psychological and physical examinations, the Committee must submit all concerns in writing and justify its recommendation to the Borough Council.
E. 
Summary.
(1) 
Upon completion of the examination process, each candidate will be provided with testing results in a written review form, which includes his/her:
(a) 
Oral examination (if applicable).
(b) 
Oral question-and-answer examination/personal interview score.
(c) 
Seniority.
(d) 
Overall ranking.
(2) 
Consultant/Police Promotional Committee.
(a) 
The consultant or the Police Promotional Committee, as may be applicable to the promotion being considered, shall submit the final results of the promotional process to the Mayor and the Borough Council, along with a recommendation for their review and action.
(b) 
The former Chief of Police/consultant shall be responsible for conducting all examination phases of the promotional process.
(c) 
No member of the Police Department shall be promoted unless and until the Borough Council adopts a resolution approving the recommendation of the consultant or the Police Promotional Committee, as may be applicable to the promotion being considered.
F. 
Physical/psychological examination. Prior to the submission of recommendation for promotion, the highest scoring candidate shall undergo physical and psychological examinations by physicians designated by the Borough, at the Borough's expense.
G. 
Examination eligibility list. 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.
(1) 
The list will be active for one year 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 one-year time period.
(2) 
The establishment of a list will be made upon recommendation of the Police Promotional Committee to the Mayor and the Borough Council and the adoption of a resolution by the Borough Council establishing the list.
H. 
Appeal of the promotion process.
[Added 3-3-2014 by Ord. No. 1-14]
(1) 
Within 10 days of the posting of the ranking of candidates, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the appropriate authority, through the appropriate chain of command. The appropriate authority will assess the request, and make a determination of how the request will be addressed on a case-by-case basis. Such requests may address the following areas of the promotional process:
(a) 
Review and retabulation of the scored elements of the selection process.
(b) 
Review any evaluation or internal document that was used in the selection process related to the appellant.
(c) 
If the appeal impacts upon the results of the promotional ranking as determined by the appropriate authority, the candidate may be permitted to be re-evaluated.

§ 38-21 Chief of Police promotional guidelines.

[Added 9-7-2017 by Ord. No. 8-17]
A. 
This policy is established for the position of Chief of Police. The following shall constitute the requirements and procedure of promotional process for the officers seeking to be promoted to Chief of Police of the Mendham Borough Police Department.
B. 
The Borough Administrator shall announce the promotional process to members of the Police Department by posting the announcement in the common area of the Police Department and/or the Police Department bulletin board. The posting announcement shall contain, at a minimum, the rank to be filled, years of experience required in subsequent rank, and prospective date for the interview. Candidates who qualify shall notify the Borough Administrator of their interest in the promotion by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the promotional process.
C. 
In order to be eligible for promotion to the position of Chief of Police, a candidate must have:
(1) 
At least seven years of experience in the Mendham Borough Police Department; and
(2) 
At least three years of experience as a sergeant with the Mendham Borough Police Department, which may be counted toward the seven years of experience in Subsection C(1); and
(3) 
A college bachelor's degree shall be required for this position if it becomes vacant and a notice of promotional exam is issued effective January 1, 2019.
D. 
Written essay (20%). The Mayor or a subcommittee of the governing body of the Borough will administer and score the essay.
(1) 
A candidate is required to submit a written essay consisting of no more than 1,000 words as follows:
(a) 
A date and time will be designated for the candidates to appear and sit for the written essay examination.
(b) 
The written essay question will be released 48 hours in advance of the date and time designated. The candidate shall appear at the specified time and prepare a handwritten response (or laptops will be provided).
(c) 
The candidate's essay will be graded and scored based upon the following factors:
[1] 
Understanding the needs of the Borough and its residents (1% to 4%).
[2] 
Ability to provide a clear, informative response (1% to 4%).
[3] 
Writing ability and organization skills (1% to 4%).
[4] 
Professionalism (1% to 4%).
[5] 
Communication of police matters and issues (1% to 4%).
(2) 
Each factor will be scored up to 4% of the overall score of 20%. The written essay will constitute a total of 20% of a candidate's overall score.
E. 
Written examination (20%).
(1) 
Each candidate will be provided a written examination, consisting of a minimum of 20 questions, which will be administered by an outside qualified agency.
(2) 
Each question will be tailored to examine the candidate's basic police knowledge and each question will account for 1% of a candidate's overall score.
F. 
Oral interviews (40%).
(1) 
The Mayor and/or available council members will interview each candidate.
(2) 
This interview will be developed and structured by the Mayor and Council. Factors to be considered by the Committee in scoring the interview shall be:
(a) 
The candidate's performance/leadership skills.
(b) 
The candidate's initiative.
(c) 
The candidate's breadth of knowledge.
(d) 
The candidate's experience, administrative ability, and decisionmaking ability.
(e) 
The candidate's training.
(f) 
The candidate's career development.
(g) 
The candidate's supervisory knowledge.
(h) 
The candidate's supervisory experience.
(i) 
Efforts in supporting Department goals and objectives.
(j) 
Handling and care of Police Department equipment.
(k) 
Communication and interaction with fellow employees and the public.
(l) 
Commendation.
(m) 
Appearance and demeanor.
(n) 
Special assignments.
G. 
Seniority (20%).
(1) 
Seniority will be assessed as the final stage of the promotional process for all candidates for all ranks.
(2) 
Seniority shall be worth 1/2 of a percentage point for every year of service with the Mendham Borough Police Department, and an additional 1/2% for each year of service in a Supervisor position up to a maximum of 20%.
(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. Time shall be rounded to the nearest month.
H. 
Final overall examination score.
(1) 
The written essay is worth a maximum of 20%.
(2) 
The written examination is worth a maximum of 20%.
(3) 
The personal interview is worth a maximum of 40%.
(4) 
Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6. Residency shall prevail over all seniority in the case of candidates who are ranked equally.
(5) 
Seniority is worth 1/2 of a percentage point for every year of service completed with the Mendham Borough Police Department, up to a maximum of 20%.
(6) 
The candidate receiving the highest overall final score for the rank of Chief of Police shall be recommended by the Police Promotional Committee to the Mayor and the Borough Council, subject to the results of both the physical and psychological examinations as required. Satisfactory psychological examination and certification by a Borough-selected physician and/or psychologist stating that the candidate is able to perform the essential functions of the Police Chief title. Candidates shall not move forward in the promotional process without the completion of a satisfactory psychological examination.
I. 
The appointment of a Chief of Police is that of the Mayor with the advice and consent of the Council. The Mayor may elect to reserve his right and nominate the candidate of his choice; the following guidelines are recommended by the Council for consideration.