Borough of Garwood, NJ Article I Establishment, Organization and Administration

§ 34-1 Establishment.

The Police Department of the Borough of Garwood as heretofore established is hereby continued.

§ 34-2 Organization; members.

[Amended 12-10-2002 by Ord. No. 02-28]

A. The Police Department shall consist of a Chief of Police and of the following officers and members:

[Amended 12-22-2022 by Ord. No. 22-20]

	Rank	Number
	Captain	1
	Lieutenant	2
	Sergeant	2
	Patrolman	12

B. Appointments made to the position of detective shall designate the rank to be held by the appointee, to wit: detective patrolman, sergeant, lieutenant or captain.

§ 34-3 Special law enforcement officers.

[Amended 11-8-1990 by Ord. No. 90-31; 10-11-2016 by Ord. No. 16-16]

The Mayor and Council may appoint from time to time special law enforcement officers (SLEO) in accordance with N.J.S.A. 40A:14-146.8 et seq., 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 in accordance with their state certification and classification. There shall be two classifications of SLEOs, as follows, in accordance with N.J.S.A. 40A:14-146.11.

A. Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm. The number of Class One SLEOs shall not exceed four.

B. Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the New Jersey Police Training Commission. The number of Class Two SLEOs shall not exceed four.

§ 34-4 Appointments.

[Amended 2-28-2017 by Ord. No. 17-04]

A. The Mayor shall nominate with the advice and consent of the Council, the Chief of Police, captains, lieutenants, sergeants, detectives, regular, probationary and special policemen.

B. Chief of Police promotions.

[Amended 10-27-2022 by Ord. No. 22-14]

(1) General requirements.

(a) Eligibility. The Borough of Garwood Governing Body desires to promote the most qualified candidates to the position of Chief of Police. This subsection establishes the eligibility requirements and the process for promotion to the Chief of Police. The promotion process shall be on the basis of merit, education, demonstrated ability, record review and interview. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Department. To be considered for the position of Chief of Police, the candidates must have previously been serving the Borough in the rank of Sergeant or higher. Candidates must have served in the title of Sergeant or higher for a minimum of three years.

(2) Promotional process.

(a) Candidates for the position of Chief of Police shall participate in a promotional process administered by the Borough Administrator. The Borough Administrator shall announce the promotional process to members of the Police Department by posting the announcement in the common area of the Police Department and/or the Police Department bulletin board. The posting announcement shall contain at a minimum, the rank to be filled, years of experience required in subsequent rank, and prospective date for the interview. Candidates who qualify shall notify the Borough Administrator of his or her interest in the promotion by submitting a letter of interest no later than 14 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the promotional process.

(3) Promotion testing procedure. The promotion testing procedure for the Garwood Police Department shall consist of an oral interview and a record review.

(a) Two oral interview(s).

[1] One interview will be conducted by the New Jersey State Association of Chiefs of Police with feedback provided to the Mayor and Council.

[2] A second interview shall be conducted by the Mayor and Council. The interview shall focus on but not be limited to the candidates' knowledge the Borough of Garwood's form of government, police administration, leadership and management abilities, municipal budget process, Police Department budget, Attorney General guidelines, staffing, community service, and N.J.S.A 40A:14-118.

[3] All candidates shall be given the same identical questions by the Mayor and Council, and the Borough Administrator shall administer the questions and keep written records of each candidate's responses to same. Based on scheduling needs of the Mayor and Council and the New Jersey State Association of Chiefs of Police, the Mayor and Council interview may occur first or the New Jersey State Association of Chiefs of Police may occur first. There is no specific order for the interviews.

[4] Each candidate shall be graded on a sixty-point scale.

[a] Up to 55 points will be awarded from the Mayor and Council interview.

[b] Up to five points will be awarded from New Jersey State Association of Chiefs of Police interview with the highest score receiving five points, second highest receiving four points, third highest receiving three points, fourth highest receiving two points, and the fifth highest receiving one point. If applicants achieve the same score, the points will be evenly split. Example: if the fourth and fifth place scores are the same, each candidate will receive 1.5 points.

(b) Record review.

[1] The candidates' personnel records shall be reviewed, which shall include evaluation records, education, commendations, special training, military service, leadership and discipline. The review of the personnel records shall be conducted by the Borough Administrator and Assistant Borough Administrator.

[2] The record review shall be graded on a forty-point scale. The weight of each category of the process shall be as follows:

[a] Performance evaluations: zero to 10 points.

[Amended 1-26-2023 by Ord. No. 23-01]

[i] Acceptable level or higher in at least 16 of the 20 categories in one of the past three evaluations: three points.

[ii] Acceptable level or higher in at least 16 of the 20 categories in two of the past three evaluations: seven points.

[iii] Acceptable level or higher in at least 16 of the 20 categories in three of the past three evaluations: 10 points.

[b] Education: zero to five points.

[i] Five points if completed master's degree.

[ii] Three points if completed bachelor's degree.

[iii] Two points if completed associate's degree.

[c] Years of law enforcement service: one point of credit for up to 20 years in law enforcement work (any full-time service with any police departments or full-time military service if honorably discharged).

[d] Commendations zero to two points. One point for each commendation up to a maximum of two points.

[e] Specialized training: zero to three points. One point for each specialized training (i.e., FBI training, SWAT, police administration, etc.) up to a maximum of three points.

[f] Disciplinary actions:

[i] Each major sustained discipline (suspension of more than five days) will result in a deduction of two points.

[ii] Each minor sustained discipline (five-day suspension or less, including written reprimands) will result in a deduction of one point.

[iii] All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.

(c) Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and final scores and shall be afforded to the Mayor and Borough Council. Thereafter, the Mayor shall make his/her final determination and appointment in accordance with § 34-4A.

[1] Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A 40A:14-122.6. Residency shall prevail over seniority in the case of candidates that are ranked equally.

C. Lieutenant/Captain promotions.

[Added 9-12-2017 by Ord. No. 17-18; amended 10-27-2022 by Ord. No. 22-14]; 1-26-2023 by Ord. No. 23-01; 12-7-2023 by Ord. No. 23-31]

(1) General requirements.

(a) Eligibility. The Borough of Garwood governing body desires to promote the most qualified candidates to the positions of Lieutenant and Captain. This subsection establishes the eligibility requirements and the process for promotion to the Lieutenant and Captain. The promotion process shall be on the basis of merit, education, demonstrated ability, record review and interviews. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Department. To be considered for the position of Captain, the candidates must have previously been serving the Borough in the rank of Sergeant or Lieutenant and served in one of the titles for a minimum of one year. To be considered for the position of Lieutenant, the candidates must have previously been serving the Borough in the rank of Sergeant and served in the title for a minimum of one year. If candidate served in the title of Lieutenant for less than one year, but previously served in the position of Sergeant, time served in lower rank of Sergeant shall count towards the one year of service.

(2) Promotional process.

(a) Candidates for the position of Lieutenant and Captain shall participate in a promotional process administered by the Borough Administrator. The Borough Administrator shall announce the promotional process to members of the Police Department by posting the announcement in the common area of the Police Department and/or the Police Department bulletin board. The posting announcement shall contain, at a minimum, the rank to be filled, years of experience required in subsequent rank, and prospective date for the interview. Candidates who qualify shall notify the Borough Administrator of his or her interest in the promotion by submitting a letter of interest and a complete candidate record form no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the promotional process.

(3) Promotion testing procedure. The promotion testing procedure for the Garwood Police Department shall consist of two oral interviews and a record review.

(a) Oral interview (Mayor and Council) and oral interview (NJ State Chief's Association).

[1] Oral interview (Mayor and Council).

[a] The interview shall be conducted by the members of the Mayor and Council. The interview shall focus on but not be limited to the candidates' knowledge of the Borough of Garwood's form of government, police administration, leadership and management abilities, specialized training and/or assignments, municipal budget process, staffing, and community service.

[b] All candidates shall be given the same 10 identical questions, and the Borough Administrator or Assistant Borough Administrator shall administer the questions.

[c] Each candidate shall be graded on a thirty-five-point scale.

[2] Oral interview (NJ State Chief's Association).

[a] One oral interview shall be conducted by the New Jersey State Association of Chief's of Police with feedback provided to the Mayor and Council.

[b] All candidates shall be given identical questions.

[c] Each candidate shall be graded on a thirty-five-point scale.

(b) Record review.

[1] The candidates' personnel records shall be reviewed which shall include education, commendations, military service, and discipline. The review of the personnel records shall be conducted by the Borough Administrator.

[2] The record review shall be graded on a thirty-point scale. The weight of each category of the process shall be as follows:

[a] Attendance composite: up to five points. Attendance is averaged over the previous full three calendar years, excluding illness or absence in compliance with the Family Medical Leave Act.

[i] Average 0.0 to 1.5 sick days per year: five points.

[ii] Average 1.51 to 3.0 sick days per year: four points.

[iii] Average 3.1 to 5 sick days per year: three points.

[b] Education: zero to 10 points.

[i] If completed Master's degree: 7.5 points.

[ii] If completed Bachelor's degree: five points.

[iii] If completed Associate's degree or 60 plus credits: 2.5 points.

[iv] If completed a doctorate degree: 10 points.

[c] Years of law enforcement service: zero to five points.

[i] Five to 10 years of service in PFRS is one point.

[ii] Eleven to 15 years of service in PFRS is two points.

[iii] Sixteen to 20 years of service in PFRS is three points.

[iv] Twenty-one to 25 years of service in PFRS is four points.

[v] More than 25 years of service in PFRS is five points.

[d] Military service: five points.

[i] Active duty or honorable discharge or general discharge under honorable conditions.

[e] Commendations: zero to five points.

[i] One point for each commendation up to a maximum of five points.

[f] Disciplinary actions:

[i] Each major sustained discipline (suspension of more than five days) will result in a deduction of five points.

[ii] Each minor sustained discipline (five-day suspension or less, including written reprimands) will result in a deduction of one point.

[iii] All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.

[3] Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6. Residency shall prevail over seniority in the case of candidates that are ranked equally.

(c) Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and final scores and shall be forwarded to the Mayor and Borough Council. Thereafter, the Mayor shall make his/her final determination and appointment in accordance with § 34-4A.

D. Sergeant promotions.

[Added 9-12-2017 by Ord. No. 17-18; amended 10-27-2022 by Ord. No. 22-14; 1-26-2023 by Ord. No. 23-01; 12-7-2023 by Ord. No. 23-31]

(1) Notification.

(a) For all promotions, notice shall be posted no less than 30 days prior to testing, and a list of recommended reading will accompany same.

(b) For all promotions, a letter of intent to participate in the testing process shall be submitted on department letterhead to the office of the Chief of Police and a complete candidate record form no less than 10 days prior to testing.

(2) Eligibility.

(a) Sergeant: Police officers with five or more years of law enforcement service (minimum of three years in Garwood) on the date of the test promotional notice are eligible to participate in the promotional process.

(b) In the event that there is only one or no officers eligible for a promotion to Sergeant with the consent of the Borough Council, the Chief of Police may amend the eligibility requirements set forth in Subsection D(2)(a) above, to widen the eligibility for more candidates.

(3) Qualifications.

(a) The qualifications as outlined in the Garwood Police Department job description for the position of Sergeant. A copy of the job description may be requested from the Chief of Police and/or the Borough Administrator.

(4) Process.

(a) Promotion testing procedure. The promotion testing procedure for the Garwood Police Department shall consist of two oral interviews and a record review.

[1] First oral interview conducted by the New Jersey State Association of Chiefs of Police graded on a thirty-five-point scale.

[a] The oral interview will include but not be limited to New Jersey Criminal and Motor Vehicle Law, New Jersey Law Enforcement Handbook, Attorney General guidelines, Garwood Department Rules and Regulations, SOPs, Borough Code and Rules of Court.

(b) Personnel assessment, overall value: 25 points.

[1] Length of service composite: up to five points.

[a] Five to 10 years of service in PFRS: one point.

[b] Eleven to 15 years of service in PFRS: two points.

[c] Sixteen to 20 years of service in PFRS: three points.

[d] Twenty-one to 25 years of service in PFRS: four points.

[e] More than 25 years of service in PFRS: five points.

[2] Attendance composite: up to five points. Attendance is averaged over the previous full three calendar years, excluding illness or absence in compliance with the Family Medical Leave Act.

[a] Average 0.0 to 1.5 sick days per year: five points.

[b] Average 1.51 to 3.0 sick days per year: four points.

[c] Average 3.1 to 5 sick days per year: three points.

[3] Education: up to 10 points.

[a] If completed, Associate's degree or 60 plus credits: 2.5 points.

[b] If completed, Bachelor's degree: five points.

[c] If completed, Master's degree: 7.5 points.

[d] If completed, Doctorate degree: 10 points.

[e] Military service: five points.

[i] Active duty or honorable discharge or general discharge under honorable conditions.

[f] Commendations: zero to five points.

[i] One point for each commendation up to a maximum of five points.

(c) Second oral interview, overall value: 35 points.

[1] An interview will be conducted with each of the candidates. The same 10 questions will be asked of each candidate. Each question will be valued at four points, for a total possible score of 40 points. The Chief of Police or his designee will proctor the interview and will ask the questions to the candidates. The high score and low score for each candidate will be discarded and the remaining scores will be averaged for the final interview score. The interview shall be scored by the following:

[a] Police Chief.

[b] Members of the Police Committee.

[c] At least one Chief of Police from another municipality unfamiliar with the candidates.

[2] The interview questions will be based on some of the following topics:

[a] Personal and professional accomplishments.

[b] Actions or suggestions that you have taken or made to improve the overall operation of the department.

[c] Community involvement.

[d] Extra activities that support law enforcement, i.e., teaching the academy, Unity Tour, Special Olympics, etc.

[e] Recommended cost savings or efficiency improvements.

[f] Interpersonal skills and management theory.

(d) Disciplinary actions. The Chief of Police shall do a file review of each candidate with regard to prior discipline. Any prior discipline shall result in a deduction in points.

[1] Each major sustained discipline (suspension of more than five days) will result in a deduction of five points.

[2] Each minor sustained discipline (five-day suspension or less, including written reprimands) will result in a deduction of one point.

(5) Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. A list shall include the candidates' names and final scores and shall be forwarded to the Mayor and Borough Council. Thereafter, the Mayor shall make his/her final determination and appointment in accordance with § 34-4A. The officers on the promotion list will remain eligible for promotion for a period of three years from the date the list is afforded to the Mayor for determination and appointment.

(a) Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6. Residency shall prevail over seniority in the case of candidates that are ranked equally.

§ 34-5 Duties of Police Department and members.

[Amended 11-8-1990 by Ord. No. 90-31]

A. The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Garwood; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.

B. Each member of the Police Department shall perform the duties customarily incident to this position and as may be prescribed by the Chief of Police, or by the officer next in the chain of command, and by all other regulations, ordinances and resolutions of the Borough pertaining to and regulated by the Police Department.

§ 34-6 Qualifications.

[Amended 11-8-1990 by Ord. No. 90-31]

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Mayor and Council may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.

§ 34-6.1 Appropriate authority.

[Added 10-11-2016 by Ord. No. 16-16]

A. The Mayor is designated hereby as the appropriate authority pursuant to N.J.S.A. 40A:14-118.

B. The appropriate authority shall be responsible for promulgation and adoption of the rules and regulations for the government of the Police Department and for the discipline of its members.

C. The appropriate authority, or his/her designee, shall be the hearing officer for the Borough on any complaint against a permanent or probationary police officer charging any disciplinary violation in accordance with N.J.S.A. 40A:14-147 and/or any violation of the internal rules and regulations of the Police Department. In the event the appropriate authority does not act as hearing officer, the individual so designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the appropriate authority, who shall make the final determination. in the event an individual not employed by the Borough is considered by the appropriate authority to act as the hearing officer, the alternate hearing officer shall be appointed by the Borough Council.

§ 34-7 Chief of Police; Head of Department.

[Amended 9-11-1990 by Ord. No. 90-23; 10-11-2016 by Ord. No. 16-16]

The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Police Chief shall, pursuant to policies established by the appropriate authority:

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

B. Have, exercise and discharge the functions, powers and duties of the Department.

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

D. Delegate such of his authority as he may deem necessary for the efficient operation of the Department to be exercised under his direction and supervision.

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

§ 34-8 Investigations; emergency directives.

[Amended 9-11-1990 by Ord. No. 90-23; 10-11-2016 by Ord. No. 16-16]

Nothing contained in this article shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing contained in this article shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing contained in this article shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.

§ 34-9 Duties of Police Chief; suspension of members.

[Amended 9-11-1990 by Ord. No. 90-23; 10-11-2016 by Ord. No. 16-16]

The Chief of Police shall devote his entire time to the duties of his office. Except for oral reprimands and emergency suspensions, all Department disciplinary action shall be taken or approved by the Chief of Police, provided that any member of the Police Department may be terminated, reduced in rank, suspended, or fined for just cause in accordance with the provisions of N.J.S.A. 40A: 14-147. Disciplinary action that results in the loss of time or pay of five days or less may be taken by the Chief of Police, subject to the grievance procedure contained in the current labor agreement between the Borough and PBA Local 117. Disciplinary action that may result in termination, reduction in rank or suspension of more than five days shall be taken only after a hearing before the appropriate authority or his/her designee. The Chief of Police shall report the suspension of any member and the reinstatement of any suspended member to the Mayor and Council within 24 hours after the action is taken.

§ 34-10 Headquarters.

The headquarters of the Police Department shall be located in the Municipal Building. The members of the Police Department shall, unless otherwise ordered by the Chief of Police, report there for duty at the hours assigned to them.

§ 34-11 Powers of members; service of process.

The members of the Police Department shall possess and exercise all the powers now, or which may hereafter be conferred upon them by the laws of the State of New Jersey, and shall serve all process issuing out of the criminal part of the Municipal Court of the Borough.

§ 34-12 Compensation during suspension.

When any member of the Police Department is suspended from office and subsequently reinstated, he shall not receive any pay for the period of such suspension unless his suspension shall have been judicially found unwarranted.

§ 34-13 Uniforms.

The uniforms of the Chief and members of the Police Department shall be of regulation pattern and must be worn on all occasions when on duty unless otherwise ordered by the Mayor and Council.[1]

[1] Editor's Note: Original Section 18-14, Hours of work: emergency duty, which immediately followed this section, was repealed 10-8-1996 by Ord. No. 96-19.

§ 34-14 Compensation.

The compensation of the Chief of Police and members of the Police Department shall be fixed from time to time by ordinance.[1]

[1] Editor's Note: Original Section 18-16, Fee for fingerprinting, added 8-11-1987 by Ord. No. 87-17, which immediately followed this section, was repealed 4-13-1993 by Ord. No. 93-11.

§ 34-15 Retirement; withdrawal of election prohibited.

[Adopted 9-13-1988 by Ord. No. 88-20]

Any police officer of any rank who shall elect to take his retirement and to accept any of the benefits, including but not limited to terminal leave, accumulated sick time, vacation time or personal days, shall be prohibited from withdrawing his notice of or application for retirement and seeking to return to active duty.