Borough of Oradell, NJ Chapter 48 Police Department

[HISTORY: Adopted by the Mayor and Council of the Borough of Oradell 3-20-1961 as Chapter 14 of the 1961 Revised Ordinances; amended in its entirety 3-2-1993 by Ord. No. 976. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Special law enforcement officers — See Ch. 55.

§ 48-1 Department established; membership.

[Amended 8-21-2001 by Ord. No. 1129; 2-24-2004 by Ord. No. 04-05; 6-22-2004 by Ord. No. 04-18]

A. There is hereby created and established in and for the Borough of Oradell a police department, which shall be known as the "Police Department of the Borough of Oradell."

B. The Police Department shall consist of one Chief, one Captain, two Lieutenants, five Sergeants, one Detective Sergeant, one Detective and so many patrolman as may be authorized from time to time to effectively operate the department. Designation of the foregoing members shall not make appointment thereto at any time mandatory, and vacancies therein may occur from time to time.

[Amended 5-26-2015 by Ord. No. 15-7; 5-23-2017 by Ord. No. 17-05]

§ 48-2 Authority and responsibility; rules and regulations.

[Amended 8-21-2001 by Ord. No. 1129]

A. The rights, privileges, powers and duties of members of the Police Department and special officers shall be those prescribed by the laws of the State of New Jersey and the ordinances and resolutions of the Borough.

B. Rules and regulations consistent with applicable law and this section shall from time to time be adopted by resolution of the Mayor and Council to describe:

(1) Duties of the Police Department;

(2) General rules of the Police Department;

(3) Rules of discipline;

(4) Duties of the Chief of Police consistent with § 48-4 hereof;

(5) Duties of a Captain, Lieutenant, Sergeant and patrolman;

(6) Procedure of arrests;

(7) Uniform and equipment;

(8) Leave of absence;

(9) Sickness or sick leave;

(10) Vacations;

(11) Special duties; and

(12) Procedure for the proper enforcement of this section.

§ 48-3 Designation of appropriate authority.

At the annual organization meeting of the Borough Council, the Mayor, with the advice and consent of the Borough Council, shall appoint a Public Safety Committee consisting of three members of the Borough Council, one of whom shall be designated as Chairman. Such appointments may be revoked at any time by the Borough Council. The Public Safety Committee shall be designated as the appropriate authority as provided in the New Jersey Statutes. As the appropriate authority, the Public Safety Committee shall be responsible for the overall performance of the Police Department. The Public Safety Committee shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.

§ 48-4 Chief of Police.

The Chief of Police, appointed by the Mayor with the advice and consent of the Borough Council, shall be the head of the Police Department and shall be directly responsible to the Public Safety Committee for its efficiency and day-to-day operations. Pursuant to policies established by the Public Safety Committee, 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; and

E. Report at least monthly to the Public Safety Committee 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 Public Safety Committee.

§ 48-5 Discipline.

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.

§ 48-6 Qualifications for appointment.

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes and rules and regulations for the Department duly adopted as provided in § 48-3 of this chapter. The Public Safety Committee may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination, in accordance with such rules and regulations.

§ 48-7 Special law enforcement officers. [1]

The Mayor, with the advice and consent of the Borough Council, upon the recommendation of the Chief of Police, 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.

[1] Editor's Note: See also Ch. 55, Special Law Enforcement Officers.

§ 48-8 Auxiliary police.

[Added 12-16-1997 by Ord. No. 1078]

A. Training under Police Department. The auxiliary police are hereby attached to the Oradell Police Department for the purpose of training. During the period of time that the auxiliary police are attached to the Police Department, they shall be under the direction of the Coordinator of Emergency Management, who shall assign them to the Chief of Police. The auxiliary police are also governed by the Standard Operating Procedures dated January 30, 1987, and the Rules and Regulations of the Oradell Auxiliary Police dated February 8, 1989, as each may be amended from time to time.

B. Powers. Duly appointed regular auxiliary police shall have all the powers of on duty regular police officers at the following times only:

(1) During any emergency as defined in N.J.S.A. App. A:9-33 et seq., as amended and supplemented.

(2) During any practice, drill or activity in preparation for such emergency duly authorized by the State Emergency Management Coordinator.

(3) While actually engaged in training while attached to the Police Department.

C. Rules and regulations. The State Coordinator of Emergency Management shall formulate and promulgate rules and regulations governing the appointment, discharge, training, meetings, organization, duties and related matters concerning the auxiliary police, subject to the approval of the Borough Council Committee. The rules and regulations shall conform to the applicable statutes, executive proclamations, New Jersey Coordinator of Emergency Management directives and other applicable laws and regulations.

D. Term of service. All auxiliary police, after appointment, shall serve until the further resolution of the Borough Council.

§ 48-9 Promotional procedures.

[Added 1-29-2013 by Ord. No. 13-1]

A. Purpose. To provide all eligible candidates for promotion with fair notice and equal access to the promotional process. Additionally, to strive to identify the most qualified members of the Police Department for promotion to leadership positions within the department and to set forth the components of the promotional process that will be utilized by the Chief of Police in carrying out the process and reporting the results to the Mayor and Council.

B. Policy. Promotion denotes vertical movement in the organizational hierarchy from one rank classification or position to another, accompanied by increases in supervisory duties and responsibilities as well as salary. The Borough desires to identify and promote the most qualified candidates for open positions of higher rank who possess not only thorough job knowledge but integrity and leadership ability. All promotions shall be made on the basis of merit, experience, seniority, education/military service, demonstrated ability and/or competitive examinations.

C. General.

(1) Upon receiving instructions from the appropriate authority, the Chief of Police will administer a promotional process approved by the Mayor and Council as set forth in this section. The Chief of Police shall report the results of the process to the appropriate authority.

(2) All members of the department shall be notified of a promotional process by way of a promotional announcement approved by the appropriate authority, which shall be conspicuously posted in the Police Department.

(a) The Chief of Police or his designee shall personally contact eligible candidates who are on extended leave, if possible, in order to provide the candidate with the information necessary to comply with the requirements set forth in the promotional announcement.

(b) Interested candidates must submit a letter and/or initial a form of eligible candidates indicating that they wish to participate, prior to a cutoff date set by the Chief of Police.

D. Promotion to Sergeant.

(1) The Sergeant is the first supervisory rank in the chain of command. A description of the duties and responsibilities of the Sergeant are contained in the Department policies for promotion, which is the basis for this section.

(2) Any officer that has served as a patrolman in the Oradell Police Department for at least five years as of the closing date for participation in the process will be eligible to participate for promotion to Sergeant.

(3) Written examination.

(a) A written test shall be supplied by a professional testing company approved by the Mayor and Council, or by a professional law enforcement organization, such as the New Jersey Chiefs of Police Association.

(b) Upon receipt of any written test developed by an external source, the Chief of Police shall review the test materials for sections that may not be applicable to the Oradell Police Department.

(c) The written test shall be administered in the Borough Hall on the date and time specified in the promotional announcement. Candidates will be given a list of materials necessary to take the written test, and sufficient time (at least 45 days) to study the materials. The written test will commence promptly on the date and time specified. All candidates must be present in the testing room at the specified time or they may be excluded from the process.

(d) Candidates achieving a minimum grade of 80% out of 100% will be eligible to proceed to the oral exam.

[Amended 9-12-2017 by Ord. No. 17-07]

(e) After the written test is conducted, a list of the scores will be posted in the Police Department.

(f) The written test shall account for 50% of the overall score in the promotional process.

(4) Employment review.

(a) The Chief of Police will conduct a review of the candidates' work records, and report to the appropriate authority. Consideration will be given to each candidate's overall record, including but not limited to:

[1] Borough-issued commendations and disciplinary actions.

[Amended 9-12-2017 by Ord. No. 17-07]

[2] Sick time record (last four years).

[Amended 9-12-2017 by Ord. No. 17-07]

[3] Available performance appraisals.

[Amended 9-12-2017 by Ord. No. 17-07]

[4] Department responsibilities.

[5] Demonstrated leadership ability.

[6] Appearance and physical condition.

[7] Comments of direct supervisors.

[8] Reports and writing ability.

[9] Completed education.

[10] Seniority.

[11] Candidates that have served honorably in the military receive a two-point credit.

(b) The Chief of Police will create a written form to use for his review, which shall contain standards for grading each individual category. Department averages will be used to grade certain categories regarding patrol activity and sick time. Such information shall be confidential and provided to the appropriate authority. Individual candidates may request to see their own results.

(c) The review will account for 30% of the overall score in the promotional process.

(5) Oral exam.

(a) The oral examination shall be constructed in a manner intended to assist the reviewing committee in assessing the candidate's qualifications for the position sought and shall focus on the desired skills, knowledge and abilities set forth in the Sergeant's position description. The appropriate authority shall have the final decision concerning relevant content for the oral examination and must issue prior approval for any oral examination slated for use in a promotional process.

(b) The reviewing committee shall normally be the members of the appropriate authority, the Borough Administrator, and the Chief of Police. The appropriate authority may appoint other officials, at their discretion, to be members of the reviewing committee. However, all candidates will be reviewed by the same committee.

(c) Candidates will be asked general knowledge questions relating to the goals, methods and conduct of supervisors. Some of the questions may be drawn from the Police Department Policies, others from the booklist that was studied for the written test, and some from their own experiences with supervisors. All candidates will be asked the same questions during the oral examination; however, individual members may ask additional relevant questions at their discretion. The designated reviewing committee will administer and score the oral examination on a standard form, and scores from the individual members will be averaged.

(d) Candidates are prohibited from any discussion or mention of an examination question until the entire promotional process is concluded.

(e) The oral examination shall account for 20% of the final score in the promotional process.

(f) After all interviews are completed; the Chief of Police will make recommendations to the appropriate authority for their consideration.

(6) Final scores.

(a) At the conclusion of the promotional process, all scores will be tallied by the Chief of Police, and the final results will be posted in order of finish.

(b) The appropriate authority will convene with the Mayor and Council with their recommendations, based on the testing, and make the final promotional decision(s).

(c) If at least five candidates have completed the testing, then the Mayor and Council may promote any one of the top three candidates.

(d) If less than five candidates complete the promotional process, then the Mayor and Council may promote either of the top two candidates.

(e) If no promotions are immediately available, the completed list will be maintained for up to three years. After at least one promotion is made from the list within that period, the Mayor and Council may choose to conduct a new promotional process, at their discretion, for any further promotions.

E. Promotion to Lieutenant. The Lieutenant is the first administrative rank in the Oradell Police Department chain of command. A description of the duties and responsibilities of the Lieutenant are contained in the Department policies for promotion, which is the basis for this section. Any officer who has served at least one year as a Sergeant as of the closing date for participation in the process will be eligible to participate for promotion to Lieutenant.

(1) Written exam.

(a) A written test shall be supplied by a professional testing company approved by the Mayor and Council, or by a professional law enforcement organization, such as the New Jersey Chiefs of Police Association.

(b) Upon receipt of any written test developed by an external source, the Chief of Police shall review the test materials for sections that may not be applicable to the Oradell Police Department.

(c) The written test shall be administered in the Borough Hall on the date and time specified in the promotional announcement. Candidates will be given a list of materials necessary to take the written test, and sufficient time (at least 45 days) to study the materials. The written test will commence promptly on the date and time specified. All candidates must be present in the testing room at the specified time or they may be excluded from the process.

(d) The written test shall account for 40% of the overall score in the promotional process.

[Amended 9-12-2017 by Ord. No. 17-07]

** [In lieu of a written examination, the appropriate authority, at its discretion, may choose to have eligible candidates submit to an executive performance appraisal conducted by an outside police forensic psychology expert, or other similar professional evaluation. The results of such testing shall be provided to the Chief of Police and the appropriate authority; all results will be confidential and will contain an evaluation of each candidate's potential as a police administrator or executive. Any costs associated with such testing will be paid by the Borough. The appropriate authority will then assign a numerical score based on the results, which will account for 40% of the total score].

(2) Oral exam.

(a) The oral examination shall be constructed in a manner intended to assist the reviewing committee in assessing the candidate's qualifications for the position sought and shall focus on the desired skills, knowledge and abilities set forth in the Lieutenant's position description. The appropriate authority shall have the final decision concerning relevant content for the oral examination and must issue prior approval for any oral examination slated for use in a promotional process.

(b) The reviewing committee shall normally be the members of the appropriate authority, the Borough Administrator, and the Chief of Police. The appropriate authority may appoint other officials, at their discretion, to be members of the reviewing committee. However, all eligible candidates will be reviewed by the same committee members.

(c) Candidates will be asked general knowledge questions relating to the role of executive officers in the Police Department. Most of the questions will relate to leadership ability and decision-making skills. Candidates will be asked to assess their own strengths and weaknesses, and what they believe are the skills they possess that would serve them well as an administrator. A list of questions relating to administrative duties will be prepared by the Chief of Police and will be posed to all candidates. Individual members of the reviewing committee may ask additional relevant questions at their discretion. The designated reviewing committee will administer and score the oral examination on a standard form, and scores from the individual members will be averaged. Scores will be based on answers to questions, composure, appearance, communication skills and leadership ability.

(d) Candidates are prohibited from any discussion or mention of an examination question until the entire promotional process is concluded.

(e) The oral examination shall account for 30% of the final score in the promotional process.

[Amended 9-12-2017 by Ord. No. 17-07]

(3) Employment review.

(a) The Chief of Police will conduct a review of the candidates' work records, and report to the appropriate authority. Consideration will be given to each candidate's overall record, including but not limited to:

[1] Awards and commendations and/or department disciplinary actions.

[2] Supervisory performance.

[3] Seniority.

[4] Time in rank.

[5] Education.

[6] Sick time record.

[7] Communication/writing ability.

[8] Military service.

(b) The Chief of Police will create a written form to use for his review, which shall contain standards for grading each individual category. Department averages will be used to grade certain categories. Such information shall be confidential and provided to the appropriate authority. Individual candidates may request to see their own results. The employment review shall account for 30% of the final score in the promotional process. The reviewing committee may then also consider recommendations made by the Chief of Police.

[Amended 9-12-2017 by Ord. No. 17-07]

(c) The appropriate authority will convene with the Mayor and Council with their recommendations, based on the above process, and make the final promotional decision(s).

(d) Any of the top three candidates may be chosen for promotion.

F. Promotion to Captain. The Captain serves as the Executive Officer of the Police Department and assumes command responsibilities when the Chief of Police is absent or otherwise unable to perform his or her duties. A full description of the duties and responsibilities of the Captain are contained in the Department policies for promotion, which is the basis for this section. Any officer who has served at least one year as a Lieutenant as of the closing date for participation in the process will be eligible to participate for promotion to Captain. The promotional process for Captain will consist of an oral exam, a written exam and an employment review.

[Amended 5-26-2015 by Ord. No. 15-7; 7-28-2015 by Ord. No. 15-8; 9-12-2017 by Ord. No. 17-07]

(1) Written exam.

(a) A written test shall be supplied by a professional testing company approved by the Mayor and Council, or by a professional law enforcement organization, such as the New Jersey Chiefs of Police Association.

(b) Upon receipt of any written test developed by an external source, the Chief of Police shall review the test materials for sections that may not be applicable to the Oradell Police Department. In the absence of a Chief of Police, the New Jersey State Chiefs of Police Association shall certify that the testing materials do not contain sections that are not relevant to police work in the Borough of Oradell.

(c) The written test shall be administered in the Borough Hall on the date and time specified in the promotional announcement. Candidates will be given a list of materials necessary to take the written test, and sufficient time (at least 45 days) to study the materials. The written test will commence promptly on the date and time specified. All candidates must be present in the testing room at the specified time or they may be excluded from the process.

(d) The written test shall account for 40% of the overall score in the promotional process.

* [In lieu of a written examination, the appropriate authority, at its discretion, may choose to have eligible candidates submit to an executive performance appraisal conducted by an outside police forensic psychology expert, or other similar professional evaluation. The results of such testing shall be confidential and provided to the Chief of Police and the appropriate authority; all results will contain an evaluation of each candidate's potential as a police administrator or executive. Any costs associated with such testing will be paid by the Borough. The appropriate authority will then assign a numerical score based on the results, which will account for 40% of the total score.]

(2) Oral exam. The oral exam will be conducted by the appropriate authority and/or any other officials they wish to appoint, at their discretion, including but not limited to the Chief of Police or a representative of the New Jersey State Chiefs of Police Association The interview will follow a similar procedure as the oral exam for Lieutenant. Each candidate will be scored on a standard form, and the oral exam will account for 30% of the total score.

(3) Employment review.

(a) The Chief of Police, or in the absence of a Chief of Police, a representative of the New Jersey State Chiefs of Police Association, or another third party selected by the appropriate authority, will conduct a review of the candidates' work records and report to the appropriate authority.

[1] Education/military achieved as of the date of the written examination (only for last degree achieved) = 10 points maximum.

[a] Associate degree: three points.

[b] Bachelor's degree or four years of military (honorable discharge): six points.

[c] Master's degree: nine points.

[d] Doctorate: 10 points.

[2] Borough-issued commendations = five points maximum.

[Amended 9-12-2017 by Ord. No. 17-07]

[a] One point for each commendation issued up to five points.

[b] Only commendations from those awarded in accordance with Oradell Police Department policies shall be counted.

[c] Commendations will be considered from those awarded over the last five years prior to date of review.

[3] Assignments/department responsibilities = 10 points maximum.

[a] One point for each position held during the last five years from the date of the review.

[b] Positions eligible for credit shall be determined by the Chief of Police and the appropriate authority.

[4] Discipline = five points maximum.

[a] One point for each year with no disciplinary record (written reprimand or above) during the last five years prior to date of review.

[5] Sick time = 20 points maximum.

[a] Four points for each year with four sick days or less over the last five years.

[6] Seniority = five points maximum.

[a] Quarter point for every year completed, as of the date of the Captain's written examination, as an Oradell Police Officer.

[7] Time in rank = five points maximum.

[a] One-half point for each full year completed as a Lieutenant with the Oradell Police Department as of the date of the Captain's written exam.

(b) If a candidate scores between 0 and 20 points on the file review, the candidate will receive 10 points towards the total score; if a candidate scores between 20 and 40 points on the file review, the candidate will receive 20 points towards the total score; and if a candidate scores over 40 points on the file review, the candidate will receive 30 points towards the total score.

(c) The Chief of Police, or in the absence of a Chief of Police, a representative of the New Jersey State Chiefs of Police Association, or other third party selected by the appropriate authority will create a written form to use for his/her review, which shall contain standards for grading each individual category. Such information will be available to the appropriate authority. Individual candidates may request to see their own results. The employment review shall account for 30% of the final score in the promotional process.

(d) The testing process is intended to provide the appropriate authority and Mayor and Council with information to be used in determining which office is the best candidate for the position. The reviewing committee may then also consider recommendations made by the Chief of Police, or in the absence of a Chief of Police, a representative of the New Jersey State Chiefs of Police Association.

(e) The appropriate authority will convene with the Mayor and Council with their recommendations, based upon the above process, and make the final promotional decision.

G. Promotion to Chief of Police. The Chief of Police serves as the Commanding Officer of the Police Department and is at all times responsible for ensuring public safety, compliance with laws, rules and regulations, safeguarding of property, and the welfare of all people while inside the borders of the Borough of Oradell. A full description of the duties and responsibilities of the Chief of Police are contained in the Department Policies for promotion, which is the basis for this section. Pursuant to the authority of the Mayor and Council of the Borough of Oradell to establish the position of the Chief of Police for the Oradell Police Department, once the Mayor and Council of the Borough of Oradell have certified by resolution that the position of Chief of Police is vacant and will be filled, a notice shall be posted on the bulletin board of the Police Headquarters, and the Mayor and Council shall implement the procedures contained hereinbelow:

(1) In order to be considered for the rank of Chief of Police, the Officer must be a member of the Oradell Police Department, and hold the rank of Lieutenant or above to be eligible to participate in the process for promotion to Chief of Police. Any Captain or Lieutenants who have served for a minimum of one year in such capacities as of the closing date for participation in the process will be eligible to participate for promotion to Chief of Police.

[Amended 9-12-2017 by Ord. No. 17-07]

(2) All candidates eligible for promotion to the rank of Chief of Police must successfully complete a psychological examination conducted by a psychiatrist or psychologist or by a professional psychological service organization appointed by the Mayor and Council of the Borough of Oradell. The ranking of the evaluation shall serve as 40% of the overall score.

[Amended 9-12-2017 by Ord. No. 17-07]

(3) Psychological testing will be conducted for objective suitability traits and attributions. Testing shall relate to motivation, intelligence, team compatibility, endurance, social judgment, stress tolerance, self-control and emotional stability. Candidates shall be evaluated for supervisory potential, ability to analyze the management role, as well as leadership and attitudes towards directing and disciplining former peers.

(4) The test shall be scored on a pass/fail basis as to suitability of candidates which shall be confidential and provided to the Borough Administrator and the appropriate authority.

(5) Criteria for selection. All candidates who pass the psychological testing shall be evaluated for promotion to the position of Chief of Police based upon the following criteria:

(a) Evaluation criteria.

[1] Oral interview.

[a] The interview with the appropriate authority shall focus on leadership and management skills, knowledge of the Borough of Oradell's form of government, knowledge of the Police Department Ordinance, familiarity with the municipal budget process and the Police Department budget in particular, manpower allocations, Attorney General Guidelines and knowledge of N.J.S.A. 40A:14-118 et seq. The candidate will also be ranked based upon their demonstration of the following:

[i] Knowledge of the community.

[ii] Communication skills.

[iii] Leadership skills and ability.

[iv] Professional judgment exercised by the candidate.

[v] Innovative ideas.

[b] The appropriate authority shall ask each candidate the identical questions and the Clerk or Borough Administrator will keep written records of each candidate's response to same.

[c] The oral interview shall serve as 30% of the overall score.

[Added 9-12-2017 by Ord. No. 17-07]

[2] Personnel jacket review.

[Amended 9-12-2017 by Ord. No. 17-07]

[a] The appropriate authority shall examine the personnel jacket of each candidate and shall consider the following:

[i] Performance evaluations.

[ii] Commendations.

[iii] Education.

[iv] Specialized training.

[v] Military experience.

[vi] Disciplinary action.

[vii] Years of service in the Oradell Police Department.

[b] The personnel jacket review shall serve as 30% of overall ranking.

(b) 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.

(6) Seniority shall prevail over residency in the case of candidates that are ranked equally.