The Police Department of the Borough of Garwood
as heretofore established is hereby continued.
[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.
[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.
[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:
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
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.
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.
The compensation of the Chief of Police and
members of the Police Department shall be fixed from time to time
by ordinance.
[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.