The appointment of all personnel shall be made
by the Mayor and Council in the same manner that appointment of officers
is made by them in accordance with the laws of the State of New Jersey,
except as hereinafter provided.
A.
The Public Safety Committee, after conferring with the Chief of Police, shall submit to the Mayor and Council its recommendations for promotions within the Police Department. All promotions shall be made by the Mayor and Council as provided in § 75-7 of this article; provided, however, that no member of the Department shall be promoted while under suspension or deemed to be unqualified under the provisions of this chapter or rules and regulations adopted hereunder.
B.
Promotion may be made only from the personnel occupying
the rank immediately below the vacant rank to be filled. Promotion
to Sergeant may only be made of patrolmen who have served for three
years.
A.
Each patrolman hereafter appointed shall meet the
following qualifications for eligibility:
(1)
Shall be a citizen of the United States.
(2)
Shall be a resident of the State of New Jersey, except
as otherwise provided by statute.
(3)
Shall have a formal education or training as evidenced
by graduation from a senior high school or vocational school. However,
an applicant shall also be eligible upon certification by the New
Jersey State Board of Education that he has satisfactorily completed
the requirements for a high school equivalent certificate.
(4)
Shall not be less than 18 years of age on the announced
closing date for accepting applications and shall not be more than
35 years of age (after he has reached his 35th birthday) at the time
of his appointment to the Department. Where, by statute, an applicant
is entitled to credit for a period of military or naval service in
time of war, he shall be qualified if his actual age, less the period
of such service, would meet the maximum age requirements hereof.
(5)
Shall not have been convicted of any indictable offense
or offense involving moral turpitude or is awaiting the disposition
of any complaint or indictment in regard to the same, and he shall
be required to be fingerprinted and photographed in order to ascertain
the same.
(6)
Is sound in body and in good health sufficient to
satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey as to his eligibility for membership in the retirement
system.
(7)
Shall meet all minimum requirements for police as
may be provided in the laws of the State of New Jersey.
(8)
Shall have a valid New Jersey automobile driver's
license.
(9)
Shall have vision of not less than 20/20 in one eye
and not less than 20/30 in the other eye with corrective glasses or
contact lenses and not less than 20/50 in either eye without corrective
glasses or contact lenses, and shall be able to distinguish colors.
B.
Each application shall be reviewed by the Public Safety
Committee to determine whether the applicant meets all of the requirements
of law based upon the information set forth in said application. The
Public Safety Committee shall certify as eligible for further examination
each person whose application, on its face, indicates that he satisfies
the requirements of law. Each person certified as eligible shall receive
written notice of the date, time and place of the competitive examination
at least 10 days prior thereto. The requirement of written notice
shall be satisfied by personal service of the same on the applicant
or by the mailing of said notice in the United States mail, certified
mail, return receipt required, to the address given by the applicant
on his application.
C.
All applicants who are certified as eligible shall
be required to take a competitive examination, consisting of a written,
an oral and a physical agility test, the same to take place as determined
by the Public Safety Committee and in the order to be selected by
said Public Safety Committee.
D.
The written and physical agility tests are to be conducted
by an examining board of a police agency of the State of New Jersey
as selected by the Borough Council. The oral test is to be conducted
by a five-man board selected by the Borough Council and consisting
of the following members:
[Amended 5-22-1990 by Ord. No. 4-90]
E.
Each of the three tests shall be graded on a numerical
scale of 100 maximum score. No applicant shall be eligible for appointment
if he receives a score of less than 70 on any one or more of the tests.
In determining the applicant's overall examination score, each of
the three tests shall receive equal weight, and the average score
shall be determined in said manner.
F.
The Mayor and Council shall confirm an eligible appointment
list in accordance with Chapter 132 of the Laws of New Jersey 1976,[2] and within each class the candidates shall be listed in
the order of highest grade. The list shall be in full force and effect
for a period of three years from the date of confirmation. The Mayor
and Council, in the selection of appointees from the eligible appointment
list, shall certify the names of the first three qualified eligibles
on said list willing to accept appointment for each vacancy and who
satisfy the physical qualifications set forth herein.
[Amended 1-25-1977 by Ord. No. 1-77; 10-20-1981 by Ord. No.
12-81; 5-22-1990 by Ord. No. 4-90; 10-26-1999 by Ord. No. 10-99]
[2]
Editor's Note: See N.J.S.A. 40A:14-123.1a.
G.
To determine the physical qualifications of the candidate
and/or candidates for patrolmen, the Borough Council shall designate
a physician or physicians to examine each candidate and to certify
as to his physical, medical and psychiatric eligibility. The designated
candidate, as a precondition herein, must go for the physical, medical
and psychiatric exam, and failure to do so shall disqualify him as
a candidate.
[Amended 5-22-1990 by Ord. No. 4-90]
H.
The Mayor and Council may appoint, as hereinabove
provided, any one of such eligibles whom it considers best qualified
to fill the vacancy in question. If the person appointed had a lower
grade than other persons in such list of three eligibles, the Mayor
and Council shall specify in its resolution of appointment that such
other person was not denied appointment by reason of race, religion,
political faith or creed.
I.
Alternatively,
instead of hiring from a list compiled from a test, the Borough of
Totowa, at the discretion of the Mayor with the advice and consent
of the Borough Council, may hire police officers directly who meet
the general qualifications for a police officer as set forth in the
provisions of N.J.S.A. 40A:14-122 and who either worked for another
police department or are eligible for hire through the Alternate Route
Program under N.J.S.A. 52:17-B-69.1.
[Added 10-25-2022 by Ord. No. 12-2022[3]]
J.
Probationary period.
(1)
Each appointee shall serve as a probationary patrolman
for a period of six months. No later than 90 days and, once again,
15 days prior to the end of the probationary period the Chief of Police
shall report in writing to the Public Safety Committee his recommendations
as to the retention or nonretention of said appointee's services,
based upon factual findings. The Public Safety Committee shall submit
this report and a written recommendation of its own, based upon factual
findings, to the Mayor and Council on each occasion. At the termination
of the probationary period or prior thereto, the Mayor and Council
may determine that the probationary patrolman has not proved acceptable
and, by resolution, may terminate his services.
(2)
Under any circumstances, however, in conformance with
statute, the probationary period shall not terminate and a permanent
appointment shall not take effect unless such person has successfully
completed a police training course at a school approved by the New
Jersey Department of Law and Public Safety. Arrangements shall be
made by the Chief of Police for such school to meet the requirements
of this chapter. Such probationary period for the purpose of enabling
a person to secure a permanent appointment must be completed within
one year from the date of appointment.
