Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1988 by Ord. No. 14-88]

§ 65-1 Position created.

The position of Police Chaplain is created in the Borough of Rockaway's Police Department.

§ 65-2 Appointment.

Said Police Chaplain shall be appointed by the Mayor with consent of Council upon written recommendation of the Police Chief.

§ 65-3 Nature of appointment

This appointment shall be without salary, rank or employment benefits.

§ 65-4 Term of appointment.

The term of appointment shall be undefined and shall be terminated upon written recommendation of the Police Chief.[1]
[1]
Editor's Note: Original Sec. V, which immediately followed this section and stated that this legislation amended and superseded Ord. No. 13-85, was repealed 11-14-1991 by Ord. No. 22-91.
[Adopted 2-14-1991 by Ord. No. 5-91 (Ch. 21 of the 1971 Code of Ordinances)]

§ 65-5 Department created; organization.

[Amended 6-8-2017 by Ord. No. 08-17]
A. 
Pursuant to N.J.S.A. 40A:14-118, there is hereby created in and for the Borough of Rockaway a Police Department. The Police Department Table of Organization may consist of not more than 15 officers in total in the following positions at the sole discretion of the Mayor and Council:
(1) 
One Police Chief;
(2) 
Four Sergeants; and
(3) 
Ten patrolmen.
B. 
The role of Detective will be assigned from within the organizational position of Sergeant and/or patrolmen.

§ 65-6 Public Safety Committee.

The members of the Public Safety Committee shall be designated as the appropriate authority as provided in N.J.S.A. 40A:14-118. They shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 65-7 Qualification of Department members.

A. 
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Public Safety Committee may also require that an applicant for appointment to the Police Department successfully complete a physical, mental and psychological examination.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding the fee to be paid by an applicant, added 5-13-2010 by Ord. No. 08-10, was repealed 4-14-2016 by Ord. No. 07-16.

§ 65-8 Powers and duties of Department.

The Police Department shall:
A. 
Preserve the public peace and protect life and property.
B. 
Detect, arrest and prosecute offenders of the law of New Jersey and the ordinances of the Borough of Rockaway.
C. 
Direct and control traffic.
D. 
Provide attendance and protection during emergencies.
E. 
Provide appearances.
F. 
Cooperate with all other law enforcement agencies.
G. 
Provide training for the efficiency of its members and officers.

§ 65-9 Powers and duties of Chief of Police.

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Mayor and Council for its efficiency and day-to-day operations. Pursuant to policies established by the Mayor and Council, the Chief of Police 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 to be exercised under the Chief's direction and control.
E. 
Report at least once monthly to the Council, 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 Council.

§ 65-10 Removal of Department members.

No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations.

§ 65-11 Special law enforcement officers.

The Mayor and Council may appoint from time to time special law enforcement officers in accordance with N.J.S.A. 40A:14-146.10 et seq. for terms not exceeding one year. They shall possess and exercise all powers and duties provided by said statutes during their terms in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and the power of arrest.

§ 65-12 Detective Bureau.

A. 
There is hereby created a bureau of the Police Department to be known as the "Detective Bureau," which shall be under the supervision of the Chief of Police. The number of men assigned to the Detective Bureau shall be determined by the Chief of Police with the consent of the Mayor and Council of the Borough of Rockaway.
B. 
Any regular duly appointed and qualified member of the Police Department of the Borough of Rockaway may be assigned to and reassigned from the Detective Bureau at the discretion of the Chief of Police without the necessity of obtaining the approval of the Mayor and Council of the Borough of Rockaway. Any assignment to and reassignment from the Detective Bureau shall in no way affect the status of, title of or seniority rights of the regular members of the Police Department so assigned or reassigned to the Detective Bureau.
C. 
In the event that a regular member of the Police Department of the Borough of Rockaway, due to reassignment or for any other cause, does not serve a full term as a detective, as may be prescribed by the appropriate salary ordinance of the Borough of Rockaway, the pay which said detective shall receive in addition to his regular salary as a member of the Police Department shall be prorated for the period of time said member of the Police Department serves within the Detective Bureau.
D. 
The creation of the Detective Bureau and the assignment of members of the Police Department of the Borough of Rockaway thereto shall not constitute the creation of a new office or rank within the Police Department for said member.[1]
[1]
Editor's Note: Former Subsection E, concerning governance of the Bureau by rules and regulations and their promulgation, which immediately followed this subsection, was repealed 4-10-2014 by Ord. No. 04-14. See now § 65-13.

§ 65-13 Rules and regulations.

[Added 4-10-2014 by Ord. No. 04-14]
A. 
The Department shall be governed by such rules and regulations as may from time to time be promulgated by the Mayor and Council or by the Chief of Police, subject to approval by the Mayor and Council.
B. 
The rules and regulations of the Police Department will be kept on file in the office of the Borough Clerk, in the office of the Police Chief, and in the office of the Police Department.
C. 
These rules and regulations are applicable to all police officers of the Department and to all civilian employees of the Department, where appropriate.
D. 
One copy of these rules and regulations shall be electronically distributed to each employee of the Department.

§ 65-14 Promotions to the Chief of Police and/or Sergeant.

[Added 6-8-2017 by Ord. No. 08-17; amended 8-10-2017 by Ord. No. 11-17]
A. 
General requirements; eligibility. The Borough of Rockaway Governing Body desires to promote the most qualified candidates to the position of Chief of Police and/or Sergeant. This section establishes the eligibility requirements and the process for promotion to the Chief of Police and/or Sergeant. The promotion process shall be on the basis of merit, education, demonstrated ability, record review, interview and vision statement. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Department. To be considered for the position of Chief of Police, the candidates must have previously been serving the Borough in the rank of Sergeant or higher. Candidates must have served in the title of Sergeant or higher for a minimum of three years. To be considered for the position of Sergeant, the candidates must have previously been serving the Borough in the rank of patrolman. Candidates must have served in the title of patrolman for a minimum of three years.
B. 
Promotional process. Candidates for the position of Chief of Police and/or Sergeant shall participate in a promotional process administered by the Public Safety Committee. The Chief of Police 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 and the details for the required written statement. Candidates who qualify shall notify the Chief of Police of his or her 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. 
Promotion testing procedure. The promotion testing procedure for the Rockaway Borough Police Department shall consist of an oral interview, record review and written statement.
(1) 
Oral interview(s).
(a) 
The interview shall be conducted by the Public Safety Committee. The interview shall focus on, but not be limited to, the candidates' knowledge of the Borough of Rockaway's form of government, police administration, leadership and management abilities, Borough ordinances, Police Department budget, Attorney General guidelines, staffing, community service, and N.J.S.A. 40A:14-118.
(b) 
All candidates shall be given the same identical questions and the Public Safety Committee shall administer the questions.
(c) 
Each candidate shall be graded on a 60 point scale.
(2) 
Record review.
(a) 
The candidates' personnel records shall be reviewed, which shall include evaluation records, education, commendations, special training, military service, leadership and discipline. The review of the personnel records shall be conducted by the Public Safety Committee.
(b) 
The record review shall be graded on a 25 point scale. The weight of each category of the process shall be as follows:
[1] 
Last three years of performance evaluations: 0 to 5 points
5 points total for any "Exceeds"
3 points total for all "Meets"
0 points total for any "Does Not Meet"
[2] 
Education: 0 to 5 points
5 points if completed master's degree
3 points if completed bachelor's degree
2 points if completed associate's degree
[3] 
Years of law enforcement service (Police Chief)
1 point of credit for up to 20 years of service
3 points for 21-25 years of service
5 points for over 25 years of service
[4] 
Years of law enforcement service (Sergeant)
1 point of credit for up to 7 years of service
3 points for 8-15 years of service
5 points for over 15 years of service
[5] 
Commendations: 0 to 2 points
1 point for each commendation up to a maximum of 2 points
[6] 
Specialized training: 0 to 3 points
1 point for each specialized training (i.e., FBI training, SWAT, Police Administration, etc.) up to a maximum of 3 points
[7] 
Veteran: 5 points for 2 or more years of service
[8] 
Disciplinary actions: last 5 years
Each major sustained discipline (suspension of more than 5 days) will result in a deduction of 2 points.
Each minor sustained discipline (five-day suspension or less, including written reprimands) will result in a deduction of 1 point.
All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
(3) 
Written statement. Each candidate shall provide a written statement no more than 10 pages along with their letter of interest in the promotion. The written statement shall explain what the candidate's vision is for the Police Department over the next five years. Each candidate's statement shall be graded on a 15 point scale.
(4) 
Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and final scores and shall be afforded to the Mayor and Borough Council. Thereafter, the Mayor shall make his final determination and appointment in accordance with N.J.S.A. 40A:60-5(g).
(5) 
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 seniority in the case of candidates that are ranked equally.