Township of River Vale, NJ Establishment; Composition; Membership

Preserve the public peace and preserve order at all elections and public meeting and assemblages.

Protect life and property, administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons to protect the safety and facilitate the convenience of motorists and pedestrians.

Detect and arrest offenders of the laws of the State of New Jersey and the ordinances of the Township of River Vale.

Provide proper police attendance at all fires and protection during emergencies.

Provide appearances in court when necessary.

Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township. May inspect and observe all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.

(7)

Maintain such police training programs as may be necessary and proper for the efficient and effective organization of the Police Department, to improve the Police Department, the efficiency of members of the Department, and to enforce rules and regulations for the disposition, conduct and discipline of the Department.

(8)

Perform such other duties as established by the appropriate authority.

§ 33-2 Appropriate authority.

The appropriate authority, as said term is used in N.J.S.A. 40A:14-118, shall be the Mayor or, in the Mayor's absence, the Business Administrator.

Except as provided in N.J.S.A. 40A:14-118, the governing body and individuals thereof shall act in all matters relating to the police function as a body through the appropriate authority.

§ 33-3 Composition.

The Police Department shall consist of a police force and such other non-sworn or civilian personnel as the appropriate authority shall appoint. The police force shall consist of one Chief of Police, up to one Captain, up to two Lieutenants, or up to five Sergeants, and up to 18 patrolmen. In lieu of having up to one Captain and up to two Lieutenants, in the sole discretion of the Mayor or his designee, the police force may consist of up to three Lieutenants. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his permanent absence, a designee as appointed by the appropriate authority. In the event of an officer in any of these positions being on leave immediately preceding an announced retirement or a suspension with intent to dismiss, the appropriate authority may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The appropriate authority may also choose to leave a position vacant to undertake a review of whether the current table of organization is still beneficial to the police mission. The appropriate authority shall have up to one year from the effective date of retirement or resignation to, in the exercise of his discretion, appoint/promote the replacement in order to conduct a thorough, fair and competitive search and selection process and assure adequate funding.

[Amended 11-13-2017 by Ord. No. 327-2017]

The Mayor and Council may decrease the force for reasons of economy. In accordance with N.J.S.A. 40A:14-143, if they shall deem it necessary for reasons of economy, they may decrease the number of members and officers of the Police Department or force or their grades or ranks. In case of demotion from the higher ranks, the officers or members to be so demoted shall be in the inverse order of their appointment. When the service of members or officers is terminated, such termination shall be in the inverse order of their appointment. Any member or officer who is demoted or whose service is terminated by reason of such decrease shall be placed on a special employment list, and in the case of subsequent promotions, a person so demoted shall be reinstated to his original rank and, in the case of termination of service and new appointment, prior consideration shall be given to the persons on said special employment list.

There shall also be such clerical, secretarial and administrative employees, community service officers, school crossing guards and police technicians as the Mayor shall appoint. Said employees shall not be members of the Police Department within the meaning of any provision of Chapter 14, Title 40A, of the Revised Statutes of New Jersey, as amended and supplemented. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his absence, a designee.

Acting Chief. If the Chief of Police is on vacation or for other cause is unable to exercise the powers and duties of his or her office, the next highest ranking sworn police officer shall serve and be responsible for the efficiency and routine day-to-day operations of the police force and Department. In the event that there are two or more officers of next highest rank, the Chief of Police may select the Acting Chief from amongst them.

§ 33-4 Chief of Police.

The Chief of Police shall be the head of the police force and shall be directly responsible to the appropriate authority as provided by law for its efficiency and day-to-day operations. Pursuant to policies established by the appropriate authority, the Chief of Police shall:

Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

Have, exercise and discharge the functions, powers and duties of the force.

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

Delegate such authority as may be deemed necessary for the efficient operation of the force to be exercised under his/her direction and supervision.

Maintain the good order and discipline of the force.

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

(7)

Perform such other duties as established by the appropriate authority.

§ 33-5 Salaries and compensation.

Salaries and compensation of the Chief of Police may be fixed by ordinance. Those of other employees of the Police Department shall be fixed by their respective collective bargaining agreements or by ordinance in the absence of a collective bargaining agreement. The Township Council shall fix the per-diem or hourly rate of pay for special officers by ordinance.

§ 33-6 Qualifications for membership.

No personnel shall be appointed as a member of the Police Department unless he/she submits satisfactory evidence that he/she:

Is a citizen of the United States.

Is of good mental and bodily health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that he would be eligible for membership in the retirement system.

Is able to read, write and speak the English language well and intelligently.

Is of good moral character and free from conviction of any crime constituting an indictable offense or any crime or offense involving moral turpitude.

Is able to pass such written, oral, physical and psychological examinations as shall be selected by the appropriate authority and meet essential job functions.

Is a graduate from a high school or shall have had formal education or training showing attainment of the level represented by graduation from high school and with a minimum of 60 college credits from an accredited college. Two years of active-duty military service with an honorable discharge can be substituted for the sixty-college-credit requirement.

Is a holder of a valid New Jersey driver's license.

Submit to a psychological examination to be given by the Township of River Vale. The results of said psychological examination must be satisfactory to the appointing authority and must indicate that the applicant can perform the police function.

Otherwise meets all requirements of N.J.S.A. 40A:14-122 to 40A:14-127.

§ 33-7 Determination of membership.

Investigation of applicants. No applicant shall be appointed to any position with the Police Department until after the applicant shall have been fingerprinted and said fingerprints filed with the New Jersey State Police and Federal Bureau of Investigation, and no applicant shall be appointed until after there has been a thorough background and character investigation of the candidate that will also determine the candidate's fitness for the position.

Required training course; probationary status.

Pursuant to N.J.S.A. 52:I7B-66 et seq., no person shall be permanently appointed to the police force of the Township of River Vale until after having successfully completed a police training course at an approved school.

During the period of required training, the employee shall hold the rank of probationary officer. Employees shall be entitled to a leave of absence with pay during the period of the police training course. Following the completion of an employee's police training course, he/she shall be classified as a probationary employee with the Police Department for a period of one year active duty on the road (not including academy time).

[Amended 11-13-2017 by Ord. No. 327-2017]

The appropriate authority may waive the attendance of such training if satisfactory certification of previous accredited schooling under the Mandatory Police Training Act of the State of New Jersey is presented and found satisfactory.

Police officers hired pursuant to this section shall be classified as probationary employees with the Police Department for a period of one year from the date of hire.

All non-sworn employees of the Police Department shall serve a probationary period of six months before becoming regular employees.

Probationary employees will be evaluated on a monthly basis throughout the entire period of their probation in an effort to determine their suitability for continued employment. Probationary employees will be advised of their progress and counseled when necessary in an effort to correct any deficient performance or behavior.

The Chief of Police shall make a recommendation to the appropriate authority concerning the suitability for transition from probationary status to regular status for each probationary police officer. Such recommendation shall be set forth in a written report along with the Chief's observations and findings leading to such recommendation. These recommendations shall be submitted to the appropriate authority no later than 10 days prior to the end of the probationary employee's period of probation. Nothing herein shall prohibit the Chief of Police from submitting such recommendation at any time during an employee's probationary period when such employee demonstrates that he/she does not possess the qualities and abilities to competently perform the duties of a Township of River Vale police officer.

The appropriate authority may terminate a probationary employee at any time during or at the end of the probationary period, or affirm the retention of the candidate as a full-time member of the police force.

Every member of the Police Department and special police officers, before entering upon the performance of their duties, shall take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of their offices, which oaths or affirmations shall be filed with the Township Clerk.

§ 33-8 Promotions.

[Amended 5-12-2008 by Ord. No. 198-2008]

The Township of River Vale desires to promote the most qualified candidates to positions of higher rank. This article establishes the eligibility requirements and the process for promotion to all higher ranks. The promotion process shall be on the basis of merit, experience, education, demonstrated ability, competitive examinations (for rank of lieutenant and below) as well as competitive written submissions (for rank of Captain and above). In accordance with N.J.S.A 40A:14-129, promotion of any officer shall be made from the membership of the Department. No person shall be eligible for promotion unless he or she shall have served as a full-time police officer in the Township of River Vale Police Department for a period of three years (N.J.S.A. 40A:14-130). No person shall be eligible for promotion to be a superior officer unless he or she has previously served as patrolman in such Department or force (N.J.S.A. 40A:14-129).

Upon receiving instructions from the Mayor or his/her designee as provided by law to do so, the Chief of Police shall announce the promotional process to members of the Department at least 60 calendar days before the written examination is to be given. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exams, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Chief of Police of his or her interest in taking the examination by submitting a letter of interest no later than 14 calendar days after the promotion announcement. Notwithstanding the foregoing, in the event an Officer is on vacation or sick leave during the initial fourteen-calendar-day notification period and, as a result, is unable to submit a letter of interest, such officer shall be entitled to provide his or her letter of interest to the Chief of Police within three days of his or her scheduled date of returning to work, provided such notice must be provided in all instances no later than 15 calendar days before the written examination is to be given. Such letter of interest shall include a statement that such candidate has read Chapter 33, Police Department, § 33-8, Promotions, of the Code of the Township of River Vale, that such candidate wishes to participate in the promotional process for the available position and that such candidate agrees to abide by the promotional process set forth in Chapter 33, Police Department, § 33-8, Promotions, of the Code with respect to the promotion process. In the event a candidate decides to not continue with the process, the candidate shall promptly notify the Chief of Police in writing of his or her decision to not continue.

Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate who is first a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6 and then with the most seniority in service pursuant to N.J.S.A. 40A:14-129.

The Mayor or his/her designee as provided by law shall convene the reviewing committee for Departmental promotions, which shall consist of the Mayor or his/her designee as provided by law, the Business Administrator and the Chief of Police (the "Reviewing Committee").

Promotion testing procedure. The promotion testing procedure for the River Vale Police Department shall consist of written examination (and for promotions to Lieutenant or Captain a written submission as well) and an oral examination (and for promotions to Lieutenant or Captain an oral interview as well) in which all candidates will be given the same questions and a review of the candidates' service record, education, merit and seniority. The Mayor may alter or limit the scope of the testing procedure and/or the factors considered when evaluating candidates for a promotion, as long as all participating officers agree in writing to such altered or limited testing procedure. In addition, the written examination may be waived at the Mayor's sole discretion.

[Amended 8-10-2020 by Ord. No. 371-2020]

Written examination/written submission.

The written examination shall be supplied by a professional testing company, professional law enforcement organization or such other written examination approved by the Mayor or his/her designee as provided by law. To proceed to the oral portion of the examination procedure, a candidate must achieve a minimum score of 70% on the written portion. At their request, candidates may review their own individual written test answers and scores in comparison to the master copy of questions and answers for the written portion of the exam. This review shall take place with the Chief of Police or his or her designee.

For all positions above the rank of Sergeant, each candidate shall provide three copies of a written submission about themselves to the Business Administrator of the Township of River Vale. Such submission shall include, but not be limited to, the candidate's resume (training, education, experience, hobbies, awards, etc.) and a statement as to why such candidate should be promoted to the position sought.

(c)

The written examination may be waived at the Mayor's sole discretion.

Oral examination(s)/oral interview.

Candidates shall be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Chief of Police or his or her designee.

Candidates that successfully achieve a score of 70% on the written examination shall be permitted to sit for an oral examination by the Reviewing Committee. The oral examination shall take place after the receipt of the written examination scores.

(c)

Candidates must score at least 70 out of 100 in the oral examination to proceed to the next step in the promotional process. At their request, candidates may review their own individual oral examination answers and scores in comparison to the master copy of questions and answers for the oral examination. This review shall take place with the Chief of Police or his or her designee.

(d)

For all positions above the rank of Sergeant, the next step in the process will be an interview with the Mayor or his/her designee as provided by law, the Business Administrator and the Chief of Police. Candidates for positions below the rank of Lieutenant will proceed from the oral exam directly to the review of service record.

(e)

The interview with the Mayor or his/her designee as provided by law, the Business Administrator and the Chief of Police shall focus on leadership and management skills, knowledge of River Vale's form of government, knowledge of the Police Department Ordinance, familiarity with municipal budget process and knowledge of N.J.S.A. 40A:14-118. The Mayor, Business Administrator and Chief of Police shall grade each candidate on a one-hundred-point scale.

Record review.

Candidates that successfully achieve a score of 70% on the written examination or written submission and 70% on the oral examination shall proceed to the next step in the promotional process, the review of service record.

The Reviewing Committee shall examine the length and merit of candidates' service. The examination process shall give specific weight to performance evaluations, seniority, military service, demonstrated leadership ability, education and disciplinary history.

Scoring procedure. Subject to the Mayor's absolute right, at his/her sole discretion, to alter or modify the below noted percentages, the weight or percentage of each portion of the process shall be as follows:

Sergeant.

Written test: 30%.

Oral exam: 30%.

Performance evaluations: 20%.

[4]

Leadership evaluation: 10%.

[5]

Seniority: 5%.

[6]

Education: 5%.

Associate's degree: 2.5%.

Bachelor's degree: 3.5%.

Master's degree or higher: 5.0%.

Two years of active-duty military experience can be substituted for associate's degree if honorably discharged.

[e]

Associate's degree and two years of active-duty military experience will be worth 3.5% if honorably discharged.

[7]

Police discipline shall be a minus, if within six months of the review of the service record, the discipline has been officially adjudicated and permanently placed in the candidate's personnel file. A more-than-five-day suspension shall extend the review of the service record up to one year.

Written reprimand: -1.0%.

One to two days' suspension: -2.5%.

Three to five days' suspension: -5.0%.

More than five days' suspension: -10.0%.

Lieutenant and Captain.

[1]

Written test: 15%.

[2]

Written submission: 15%.

[3]

Oral exam: 15%.

[4]

Interview with the Mayor, Chief of Police and Business Administrator: 15%.

[5]

Performance evaluations: 20%.

[6]

Leadership evaluation: 10%.

[7]

Seniority: 5%.

[8]

Education: 5%.

Associate's degree: 2.5%.

Bachelor's degree: 3.5%.

Master's degree or higher: 5.0%.

Two years of active-duty military experience can be substituted for associate's degree if honorably discharged.

[e]

Associate's degree and two years of active-duty military experience will be worth 3.5% if honorably discharged.

[9]

Written reprimand: -1.0%.

One to two days' suspension: -2.5%.

Three to five days' suspension: -5.0%.

More than five days' suspension: -10.0%.

The Review Committee shall rank each candidate 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 the final scores.

The Review Committee shall then submit the results of the process listing the breakdowns and final scores of the candidates and any other information that may be pertinent to the Mayor for final decision.

Candidates who achieve an overall score of 70% or greater shall be placed on a two-year promotional list.

[Amended 1-22-2018 by Ord. No. 329-2018]

Eligibility for testing. All candidates for promotion must have served three years with Township of River Vale as a full-time patrol officer by the date of written test in order to be eligible to participate in the promotional process. Promotions to the rank of sergeant shall be open to patrol officers. When a vacant sergeant position exists or is anticipated and there is a desire by the Township of River Vale to fill such position, a promotional process shall be administered and a separate list created and the sergeant list will consist of patrolmen who successfully complete the process.

Promotions to ranks above Sergeant shall be open to members of the next lowest rank, unless the Mayor, in the best interest of the Department, chooses to test a wider pool of candidates, in which case he or she may open testing to the two next lowest ranks (a pool of less than three eligible candidates will not generally be considered "in the best interest of the Department"). An officer who tests for a higher rank and does not achieve the 70% score necessary to make the promotion list referred to in Subsection H is ineligible to take an exam for that rank, or a higher rank, for a period of two years from the date of the promotion list.

[Amended 11-13-2017 by Ord. No. 327-2017]

Review of process.

[Added 9-13-2021 by Ord. No. 387-2021]

Within 10 days of the publishing of the promotional list, a candidate may file a written letter requesting a review of that candidate's file related to that specific promotional process. Said letter must contain the reason(s) or justification(s) for the request and must be submitted to the Mayor and the Chief of Police. The Mayor will review the request. The review request may include:

Review and retabulation of the scored elements of the promotional process related to the requesting candidate.

Review of any evaluation, or internal document that was used in the promotional process related to the requesting candidate.

If the review warrants a change to the results of the promotional ranking, which determination shall be within the Mayor's sole discretion, the candidate ranking shall be re-evaluated.

§ 33-9 Chief of Police; qualifications.

Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the appropriate authority. The reviewing committee, which shall be made up of the appropriate authority, the Business Administrator, and the current Chief of Police, shall consider the following: the candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management ability, general knowledge of River Vale local government and N.J.S.A. 40A:14-118, the candidates' poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations and moral character.

§ 33-10 Chain of command.

The following chain of command shall exist within the Police Department, if such position is filled.

Chief of Police.

Captain.

Lieutenant.

Sergeant(s).

Patrolman.

Special officer.

Each rank/position shall be subordinate to all higher ranks as illustrated above.

Civilian employees shall report to the Chief of Police or, in his/her absence, the ranking officer on duty.

§ 33-11 Special law enforcement officers.

The Mayor may appoint special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq., to be utilized by the Police Chief. Their terms may not exceed one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure.

§ 33-12 Discipline.

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

Standards of conduct. No member of the Police Department and no special officer while holding office or appointment under the authority of this article shall at any time:

Violate any criminal law of the United States or of New Jersey or any ordinance of the Township or other municipality.

Conduct himself or herself in a manner unbecoming a police officer and a gentle person.

Conduct himself or herself in a manner subversive to good order and discipline of the Police Department.

Conduct himself or herself in a manner disrespectful to a superior.

Absent himself or herself from his post of duty without having obtained prior leave from his superior officer, except in case of emergency.

Absent himself or herself from the Township, except when he/she is off duty or on vacation pursuant to the order of the Police Chief, without having obtained prior leave from the Chief, provided that this regulation shall apply to special police officers only while assigned to active duty. The Chief shall advise the appropriate authority of his absence from the Township for any reason other than official police business.

(7)

Refuse to perform any of the duties of his office or evade the performance of any such duties, whether on patrol or otherwise and whether or not in uniform, provided that this regulation shall apply to special police officers only while assigned to active duty.

(8)

Contract any debts or other financial obligations without a reasonable expectation of being able to pay or discharge the same when due.

§ 33-13 Extra-duty employment.

Any person or entity wishing to receive police services which the Township is not obligated or expected to provide or does not usually provide as part of its regular plan of police services may arrange to receive such services within the Township through the Office of the Chief of Police. Such person should notify the Chief of Police, in writing, of the specific nature of the services desired at least 15 days before such services are required, unless exigent circumstances exist. All requests shall be subject to the availability of personnel as determined by the Chief of Police. The Chief of Police is responsible for public safety in River Vale and as such shall administer all activities pursuant to this section.

All police services within the Township of River Vale shall be delivered by officers from the Township of River Vale Police Department. If the Chief of Police determines that the demand cannot be met by the Township of River Vale Police Department he may request additional police officers from outside agencies.

All requests for extra-duty police services will be finalized in a written agreement between the Chief of Police and the individual or entity requesting such services, subject to the approval of the Mayor. The agreement shall specify the following:

The scope of services that are to be provided;

The commencement date of the police services to be provided;

The hours of authorized operation;

The number of officers requested and total man-hours needed; and