[Adopted 8-9-2007 by Ord.
No. 6-2007[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Department Established, adopted 11-13-1997 by Ord. No. 11-97, as amended.
[Amended 10-14-2021 by Ord. No. 20-2021]
There is hereby created in and for the Borough of Clayton a
Police Department which shall consist of a Chief of Police and such
number of police officers and others that shall, from time to time,
be deemed necessary by the Borough Council which shall, from time
to time, determine the number of persons, including temporary officers
and members in an emergency, to be appointed to these positions, together
with their compensation. The positions authorized, with the maximum
authorized number of positions for each, are that of Chief of Police
(one), Acting Chief of Police (one), Captain (one), Lieutenant (two),
Sergeant (six), Corporal (four), patrol officer (15), and special
officers (six). The order of rank shall be in descending order: Chief
of Police, Captain, Lieutenant, Sergeant, Corporal, patrol officer,
and special officers. All positions hereby created need not be filled
at all times, but only as deemed necessary by the Borough Council,
within the municipal budget limitations.
The Police Department shall:
A.
Preserve the public peace.
B.
Protect life and property.
C.
Detect, arrest and prosecute offenders of the laws of New Jersey
and the ordinances of the Borough of Clayton.
D.
Direct and control traffic.
E.
Provide attendance and protection during emergencies.
F.
Provide appearances in court.
G.
Cooperate with all other law enforcement agencies.
H.
Provide training for the efficiency of its members and officers.
[Amended 1-26-2017 by Ord. No. 1-2017]
The Borough Administrator shall be designated as the appropriate
authority as provided in the New Jersey Statutes (N.J.S.A. 40A:14-118)
and shall be responsible for the overall performance of the Police
Department. The Borough Administrator, with the advice and consent
of the Borough Council, shall adopt and promulgate rules and regulations
for the government of the Police Department and for the discipline
of its members.
The Chief of Police shall be head of the Police Department and
shall be directly responsible for its efficiency and day-to-day operations.
Pursuant to policies established by the appropriate authority, 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
of Police's direction and control.
E.
Report at least monthly to the appropriate authority 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 appropriate authority.
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey statutes. The Borough
Council may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey statutes
and the Police Department's rules and regulations.
The Borough Council may appoint from time to time special law
enforcement officers in accordance with New Jersey Statutes for terms
not exceeding 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. 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.
[Added 10-9-2014 by Ord.
No. 16-2014]
The Borough Council may appoint an Acting Chief to serve as
Chief of Police in the absence or unavailability of the Chief of Police.
Upon appointment, the Acting Chief shall assume all duties and responsibilities
of Chief of Police as set forth the Code of the Borough of Clayton
and New Jersey law. The appointment of an Acting Chief shall be for
a specified time frame and shall be renewed if necessary in the discretion
of Borough Council. The Borough Council shall have the ability to
appoint the individual serving as Acting Chief as Chief of Police.
[Added 8-13-2015 by Ord.
No. 9-2015]
Upon the expiration of 16 straight hours of work, and subject
to the limited exception set forth below, no police officer in the
Borough of Clayton Police Department shall be eligible to perform
the functions of his or her position until the expiration of eight
hours of off-duty time. The terms of this section shall be relaxed
only on the express order of the Chief of Police (or his or her designee)
in exigent circumstances. Nothing in this section shall be construed
to affect the terms and conditions of compensation of police officers
under any negotiated agreement, nor shall it be construed to alter
or affect the overtime rate of pay that may be in effect.
[Added 4-28-2016 by Ord.
No. 9-2016; amended 2-11-2021 by Ord. No. 2-2021; 10-14-2021 by Ord. No.
21-2021]
B.
Notice of promotional testing.
(1)
A notice of promotional testing shall be posted a minimum of 60 calendar
days prior to start of the promotional process.
(2)
The notice of promotional testing shall be posted on an appropriate
bulletin board which contains police notices in the Department.
(3)
The notice of promotional testing shall also be emailed to each officer
in the Department.
(4)
The notice of promotional testing will include the following items:
(a)
The posting date;
(c)
The due date for the notice of intent to participate (described
below);
(d)
The due date for written application documents, if any;
(e)
The date or dates of written tests, oral tests, and interviews;
(f)
The anticipated date(s) on which the vacant positions will be
filled;
(g)
The source materials which may assist prospective candidates
in preparing for the test(s);
C.
Letter of intent to participate and written application.
(1)
Each officer who wishes to participate in the promotional process
shall submit a letter of intent, along with an updated resume, to
the Chief of Police stating his or her intent to participate in the
process. The letter shall state that the officer wishes to participate
in the promotional process. The letter shall further indicate what
the officer considers his or her most important contributions to the
Department in his or her current position and what projections he
or she has to further benefit the Department.
(2)
The deadline for submission of the letter of intent along with an
updated resume shall be contained in the notice of promotional testing.
Unless otherwise stated, the deadline shall be 20 calendar days prior
to the start of the promotional testing.
D.
Summary of testing procedure.
(1)
Unless otherwise specified in the notice of promotional testing,
the promotional process shall consist of the following phases:
(3)
In the event that there is only one eligible candidate who has provided
a letter of intent for promotion to Captain, Phase I may be waived
at the discretion of the Chief of Police, with the consent of the
governing body.
E.
Phase I - written and oral testing (70% of overall score).
(1)
Written and oral examinations will be administered by the New Jersey
State Association of Chiefs of Police as designated in the notice
of promotional testing.
(2)
All candidates receiving a minimum raw score of 70 or above during
Phase I(A) will move to Phase I(B). All candidates receiving a minimum
score of 70 or above during Phase I(B) will move to Phase II.
(3)
A list of candidates who have achieved a raw score of 70 or above
on each of Phase I(A) and Phase I(B) will be posted following the
receipt by the Chief of Police. The list will identify the passing
candidates in alphabetical order (without listing the respective scores).
(4)
Any candidate who does not move on to Phase II and wishes to find
out his/her numerical score may contact the Chief of Police within
10 calendar days following the posting of passing candidates.
(5)
Any additional information regarding the examination must be directed
to the testing entity.
(6)
In the event that only one eligible candidate seeks advancement to
the position of Captain, Phase I may be waived at the discretion of
the Chief of Police with the consent of the governing body.
F.
Phase II - Chief's review of resume/background (20% of overall score).
(1)
Phase II shall be conducted at or about the same time as Phase I.
The Phase II examiner shall be the Chief of Police. The Chief of Police
shall not conduct the Phase II assessment with awareness of the scores
of candidates in Phase I.
(2)
For the Phase II assessment, the Chief of Police shall review the
letter of intent, personnel file, and the updated resume submitted
with the letter of intent in the Police Department.
(3)
Scoring shall be as follows for Phase II (20 total points - 20% of
overall score):
(a)
Seniority (maximum score: five points).
|
4 to 5 years
|
=
|
1 point
|
|
6 to 7 years
|
=
|
2 points
|
|
8 to 9 years
|
=
|
3 points
|
|
10 to 11 years
|
=
|
4 points
|
|
12 or above
|
=
|
5 points
|
(b)
Education/military (one point per level) (maximum score: five
points).
|
Military
|
=
|
1 point
|
|
Associate's degree
|
=
|
1 point
|
|
Bachelor's degree
|
=
|
2 points (incorporates 1 pt. for an A.A.)
|
|
Master's degree
|
=
|
3 points (incorporates 1 pt. A.A. and 1 point B.A.)
|
|
Ph. D., J.D.
|
=
|
4 points [incorporates 1 pt. A.A. 1 point B.A. and 1 point M.A./M.S.
(or equivalent)]
|
(c)
Personnel record/file (maximum score: five points).
[1]
Start with five points.
[2]
Deduct 1/4 point for minor infractions (written reprimand, etc.),
etc.
[3]
Deduct 1/2 point for any infractions held in abeyance.
[4]
Deduct one point per suspension infractions.
[5]
This accounts for all items contained within file except for
expired conditional reprimands or expired performance notices.
(d)
Commendations/awards/resume (maximum score: five points).
(4)
The Phase II score shall be calculated on a score sheet by adding
the total number of points with a maximum of 20 points. One point
shall represent 1% of the total overall score for the promotional
testing.
(5)
At the conclusion of Phases I and II, a list of candidates moving
to Phase III shall be posted in alphabetical order.
G.
Phase III - Public Safety Committee interview.
(1)
Upon completion of Phases I and II, Phase III will be conducted.
(2)
The purpose of the Phase III interview is to allow the Public Safety
Committee to assess the subjective abilities of each candidate as
described in further detail below.
(3)
Prior to the Phase III interviews, each candidate shall receive a
list of topics relevant to his or her sought position that the interview
questions may be derived from (e.g., resume, background, experience,
community relations, municipal ordinances, Police Department SOPs,
and rules and regulations). In the meantime, the Public Safety Committee
shall agree on a list of questions for each position to be asked of
all candidates. For any question involving technical expertise, the
Chief of Police shall provide the Public Safety Committee with the
elements of an acceptable answer.
(4)
Prior to the Phase III interviews, the Chief will present the Public
Safety Committee with the names of all candidates eligible for Phase
III in alphabetical order for each promotional position. The Public
Safety Committee will not have the scores of each candidate at this
time.
(5)
The Public Safety Committee will then proceed to conduct an interview
of each eligible candidate.
(6)
During the Phase III interview, each candidate will be asked the
same questions as all other candidates. Where circumstances require,
the Public Safety Committee shall be permitted to ask follow-up questions
of any candidate to clarify a candidate's answer or to seek further
elaboration.
(7)
(8)
Each interviewer shall score each candidate on a scoring sheet for
that candidate. At the conclusion of the interview, each interviewer
shall calculate his or her total points for that candidate. Interviewers
shall not discuss their scoring of any candidate until the conclusion
of Phase III.
(9)
A designated nonscoring interview participant, such as the Borough
Clerk, Borough Administrator, or Chief Financial Officer, shall serve
as the interviewing secretary.
(10)
At the conclusion of each interview, each interviewer shall
provide his or her scoring sheet to the interviewing secretary. The
interviewing secretary shall verify that the total scores are correct.
(11)
After receipt of the scoring sheets, the interviewing secretary
shall then enter the total scores from each interviewer onto a Phase
III master scoring sheet which contains the name of each candidate,
the total score for each interviewer, the average total score, and
the Phase III score (average total score divided by maximum score
of 20) as follows:
|
Candidate
|
Interviewer 1
Total Score
|
Interviewer 2
Total Score
|
Interviewer 3
Total Score
|
Average of Total Scores
|
Phase III Score (%)
|
|---|---|---|---|---|---|
|
A
| |||||
|
B
| |||||
|
C
|
(12)
The master scoring sheet above shall be adapted as required
depending on the number of interviewers and candidates.
(13)
In the event that there is only one eligible candidate who submitted
a letter of intent for promotion to Captain, Phase III scoring may
be waived at the discretion of the Chief of Police, with the consent
of the governing body. However, the eligible candidate will be subject
to an interview with the Chief of Police and the governing body. Topics
for the interview will be provided to the candidate in advance.
H.
Calculation of overall scores and appointment.
(1)
At the conclusion of Phase III, the combined scores of the remaining
candidates will be calculated by the Public Safety Committee based
on the overall percentages set forth above, which are as follows:
(2)
The combined scores shall be entered into an overall scoring sheet
as follows:
|
Candidate
|
Phase I(A) Score *0.30
|
Phase I(B) Score *0.40
|
Phase II Score *0.20
|
Phase III Score *0.10
|
Final Score
(sum of columns)
|
Rank
|
|---|---|---|---|---|---|---|
|
A
| ||||||
|
B
| ||||||
|
C
|
(3)
The Public Safety Committee shall create a promotional eligibility
list based on the final scoring. A separate promotional eligibility
list will be created for each rank to be filled.
(4)
The names of those candidates who achieve a final score of 70 or
higher will be published on a promotional eligibility list. The promotional
list shall be published in the order of highest score to lowest score,
but without the scores of each candidate.
(5)
A candidate shall be selected from the top three candidates on the
promotional list upon recommendation of the Chief of Police and the
Public Safety Committee with the approval of the governing body.
(6)
At the conclusion of the promotional process, each candidate may
request a final score sheet breaking down his or her score for each
phase. Within 30 calendar days of receiving his or her final score
sheet, any candidate may request to meet with the Chief of Police
to discuss the examination on written notice to the Chief of Police.
The Chief of Police shall schedule such a meeting at a reasonable
time following the written request.
I.
Active list and additional promotions.
(1)
Future promotions will be made by the governing body, with the advice
and recommendations of the Public Safety Committee and Chief or designee,
from any of the top three candidates on the promotional list for the
rank in question.
(2)
If an existing list contains less than three candidates, the governing
body, with the advice and recommendation of the Public Safety Committee
and the Chief of Police (or Chief's designee) may choose from the
existing list or render it expired and initiate the procedure for
a new test. The F.O.P. shall be notified prior to rendering a list
expired.
(3)
Officers on the existing list that do not want to be considered for
the promotion must submit written notice to the Chief no later than
30 calendar days after the promotional announcement.
(4)
When a candidate is promoted, the next highest-ranked candidate after
the top three candidates moves into eligibility. For example, if Officers
A, B, C, D, and E are on the eligible list, Officers A, B, or C may
be promoted. If Officer B is promoted, the next promotion may be made
from among Officers A, C, and D.
(5)
If a higher-ranked candidate is passed over for a promotion, the
governing body shall, upon written request of the higher-ranked candidate,
provide the higher-ranked candidate a reason for its decision.
(6)
The candidates who successfully complete the examination process,
but do not receive a promotion at the conclusion of the promotional
process will remain on the list until it is declared expired. The
list shall be active for a maximum of two years from date of final
results being published.
J.
Eligibility requirements.
(1)
Eligibility for Chief of Police.
(a)
Experience.
[1]
As of the date on which a job opening for this position is posted,
the candidate must hold the rank of sergeant or above for one year
immediately preceding the posting. Time served in an acting capacity
shall not count towards this requirement.
[2]
Proficiency in report writing, communication, leadership, and
emergency management.
[3]
Proficiency in relevant computer software such as word processing
and spreadsheet applications.
(c)
Citizenship.
[1]
Must be a citizen of the United States and resident of the State
of New Jersey.
(d)
Promotional testing.
[1]
Candidates must undergo and satisfactorily complete any promotional
testing as may be required by law or ordinance.
(e)
(f)
Physically and psychological requirements.
[1]
Candidates must be of sound mind and sound body. Any psychological,
medical, or physical condition or defect which would prevent efficient
performance of the duties of the position, cause the appointee to
be a hazard to himself/herself or others, or become aggravated as
a result of performance of these duties, will be cause for rejection.
(g)
Firearms.
[1]
Appointees to this position must successfully qualify semiannually
in the use of firearms.
(h)
Drug and alcohol.
[1]
This is a safety-sensitive position and is subject to all applicable
drug and alcohol laws, regulations, policies and testing procedures.
(i)
24/7 availability.
[1]
The position of Chief of Police is a command-level position
which requires 24/7 availability, except where the Chief is unavailable
due to an out-of-state vacation, medical issue, or emergent personal
issue. In any event where the Chief of Police is unavailable, the
Captain must be available. The Chief must be available at all times
in any circumstance where the Captain is unavailable.
(2)
Eligibility for Captain.
(a)
Experience.
[1]
As of the date on which a job opening for this position is posted,
the candidate must hold the rank of sergeant or above for one year
immediately preceding the posting. Time served in an acting capacity
shall not count towards this requirement.
[2]
Proficiency in report writing, communication, leadership, and
emergency management.
[3]
Proficiency in relevant computer software such as word processing
and spreadsheet applications.
(c)
Citizenship.
[1]
Must be a citizen of the United States and resident of the State
of New Jersey.
(d)
Promotional testing.
[1]
Candidates must undergo and satisfactorily complete any promotional
testing as may be required by law or ordinance.
(e)
(f)
Physical and psychological requirements.
[1]
Candidates must be of sound mind and sound body. Any psychological,
medical, or physical condition or defect which would prevent efficient
performance of the duties of the position, cause the appointee to
be a hazard to himself/herself or others, or become aggravated as
a result of performance of these duties will be cause for rejection.
(g)
Firearms.
[1]
Appointees to this position must successfully qualify semiannually
in the use of firearms.
(h)
Drug and alcohol.
[1]
This is a safety-sensitive position and is subject to all applicable
drug and alcohol laws, regulations, policies and testing procedures.
(i)
24/7 availability.
[1]
This position of Captain a command-level position which requires
24/7 availability, except where the Captain is unavailable due to
an out-of-state vacation, medical issue, or emergent personal issue.
In any event where the Captain is unavailable, the Chief of Police
must be available. The Captain must be available at all times in any
circumstance where the Chief of Police is unavailable.
(3)
Eligibility for Sergeant.
(c)
Citizenship.
[1]
Must be a citizen of the United States and resident of the State
of New Jersey.
(d)
Promotional testing.
[1]
Candidates must undergo and satisfactorily complete any promotional
testing as may be required by law or ordinance.
(e)
(f)
Physical and psychological requirements.
[1]
Candidates must be of sound mind and sound body. Any psychological,
medical, or physical condition or defect which would prevent efficient
performance of the duties of the position, cause the appointee to
be a hazard to himself/herself or others, or become aggravated as
a result of performance of these duties will be cause for rejection.
(g)
Firearms.
[1]
Appointees to this position must successfully qualify semiannually
in the use of firearms.
(h)
Drug and alcohol.
[1]
This is a safety-sensitive position and is subject to all applicable
drug and alcohol laws, regulations, policies and testing procedures.
[Added 3-8-2018 by Ord.
No. 3-2018]
A.
Position created. The position of Police Chaplain for the Borough
of Clayton Police Department is hereby created in accordance with
N.J.S.A. 40A:14-141. The position of Chaplain shall be under the Director
of Public Safety and subject to the control of the Chief of Police.
B.
Qualifications. Any person appointed as Chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. Chaplains may be subject to applicable residency requirements
in the discretion of the Chief of Police. The Chaplain shall have
basic training and shall be a certified Police Chaplain credentialed
in accordance with the rules and regulations of the Borough of Clayton
Police Department and shall be qualified in accordance with N.J.S.A.
40A:14-141.
C.
Duties of Police Chaplain. The duties of Police Chaplain shall include,
but not be limited to, assisting the Borough of Clayton Police Department
in death notifications, station house adjustments and any other duties
that may be assigned by the Chief of Police.
D.
Rank and salary. Any person appointed as Chaplain shall serve in
that capacity without rank. A Chaplain may receive an annual stipend
as determined by the governing body.
E.
Term of office. A person appointed as Chaplain shall serve for a
period of one year from date of appointment and shall continue to
serve in that capacity until he/she is either terminated or reappointed
with the recommendation of the Chief of Police.
F.
Appointment. The Chief of Police may recommend to the governing body
persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141
as well as the rules and regulations of the Clayton Police Department
with reference to Chaplains, if any. All applicants for the position
of Chaplain shall be reviewed by the Chief of Police who may, in his
or her discretion, consult with other Department Chaplains for their
input. The Chief will determine the applicant's qualifications in
accordance with this section and shall make recommendations to the
governing body regarding the appointment as Chaplain. The governing
body shall appoint Chaplains in accordance with this section.
