[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-3-1980 as Sec. 2-8 of the 1980 Code]
[Amended 3-17-2015 by Ord. No. 2015-4; 3-7-2017 by Ord. No. 2017-01]
A.
Police Department is hereby established in the Borough of Chester, County of Morris, and State of New Jersey. Within the context of N.J.S.A. 40A:14-118 and organizational structure of the Borough government, the “appropriate authority” shall mean the Borough Administrator, except within the context of promotions within the Police Department wherein the Mayor and Council shall be deemed the “appropriate authority” as more fully set forth in § 55-9 hereinbelow.
B.
Pursuant to law, the Borough of Chester has the option to either create, staff and maintain an active Police Department, or enter into a contract for police services with another municipality or public entity pursuant to N.J.S.A. 40A:65-1 et seq. On December 20, 2016, the governing body of the Borough of Chester chose to enter into a Police Services Agreement with Chester Township whereby the existing police officers and operation are transferred to the Township of Chester. As a consequence of this contract for services, §§ 55-2 through 55-12 of the Code of Ordinances although cited herein, are hereby superseded by said service contract but shall take effect should the Police Department be reestablished as a local agency. During the life of the contract, the Chester Police Department, a department of Chester Township, shall have the full power and authority to enforce all laws, regulations, and Borough ordinances within the jurisdiction of the Borough of Chester.
[Amended by Ord. No. 83-19; Ord. No. 86-11; 7-7-2015 by Ord. No. 2015-9]
A.
The Police Department shall consist of a Chief of Police and may
include one Lieutenant, two Sergeants, a Corporal, and not more than
10 patrolmen, and such number of special patrolmen and chaplains,
all as the Borough Council shall from time to time designate by resolution.
B.
The Chief of Police shall have all of the powers set forth in N.J.S.A.
40A:14-118 and who shall be directly responsible to the Borough Administrator
for the efficiency and routine day-to-day operations of the Police
Department. The Chief of Police shall, pursuant to policies established
by the Borough Council:
(1)
Conduct and manage the day-to-day operations of the Police Department
within the budget approved for the Department.
(2)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the police force,
its officers, and personnel.
(3)
Have, exercise and discharge the functions, powers and duties of
the police force.
(4)
Prescribe the duties and assignments of all subordinates and other
personnel.
(5)
Delegate such of his authority as the Chief may deem necessary for
the efficient operation of the police force to be exercised under
the Chiefs direction and supervision.
(6)
Report at least every two weeks, or more often if needed, to the
Administrator and/or Mayor regarding the operations of the police
force and public safety issues; and report promptly whenever there
is an unusual event or occurrence within the Borough which may be
of public interest.
(7)
Report at least monthly at regular meeting(s) of the Borough, or
by any such other forms as the Borough shall require, as to the operation
of the police force during the preceding month; and make such other
reports as may be requested by the Borough Council.
(8)
In conjunction with the Mayor and Council, implement changes within
the Police Department to meet or exceed the vision for the department
as articulated by the Mayor and Council, as adopted by resolution
from time to time.
The officers and members of the Police Department
shall be appointed and designated by the Borough Council and shall
receive such salary as the Borough Council may determine.
The Borough Council shall adopt, by resolution,
rules and regulations for the government and discipline of the Police
Department and members thereof. The rules and regulations shall fix
and provide for the enforcement of penalties for the violation of
such rules and regulations, and the members of the Police Department
shall be subject to such rules, regulations and penalties.
[Amended by Ord. No. 83-17; 3-3-2009 by Ord. No. 2009-1]
To be eligible for appointment to the Police Department, an
officer or member must meet the qualifications as set forth in the
laws of the State of New Jersey and any ordinances and resolutions
of the Borough.
[Amended by Ord. No. 88-21]
A.
The members of the Police Department shall severally
hold their respective offices and continue in their respective offices
and continue in their respective employment during good behavior and
efficiency, and no person shall be removed from office or employment
in the Police Department for political reasons or for any other cause
than incapacity, misconduct or disobedience of the rules, regulations,
orders and resolutions established or which may be established for
the Police Department; provided, however, that any member of the Police
Department who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence, shall
be subject to dismissal from the Department.
B.
In the event disciplinary charges are preferred against any member of the Police Department by the Chief of Police, such charges shall be referred to the Borough Administrator, who shall then refer the same to the governing body for disposition as hereinafter provided by law. Charges against the Chief of Police shall be forwarded directly to the governing body for disposition as hereinafter provided. The Chief of Police shall refer charges against any other member of the Police Department to the Borough Administrator, who in turn shall refer same to the governing body for disposition as hereinafter provided. The governing body shall have the power to conduct hearings on such charges and to discipline in accordance with the rules and regulations as provided under § 55-4.
C.
The governing body in its discretion may appoint a
hearing officer to conduct any hearings, including the Chief of Police
for minor charges. Such officer shall file in writing his findings,
together with recommendations to the governing body which shall have
the power to follow such recommendations, modify or amend the same.
Special police officers, including men and women,
may be appointed by the Borough Council for a term not exceeding one
year. Any such appointment may be revoked at any time without notice
and without hearing. Such special officers shall not be members of
the Police Department, and shall not be entitled to any rights or
privileges of a member of the Police Department.
[Amended 3-3-2015 by Ord.
No. 2015-2]
The Borough Council hereby establishes the rank
of police chaplain within the Police Department. No person shall be
qualified to serve in the position of chaplain unless he shall be
an ordained member of the clergy in good standing in the religious
body from which he is selected. The position of chaplain shall be
an annual appointment by the Borough Council, which may include a
stipend to be determined by the Borough Council at the time of appointment.
It shall be the function of the chaplain to be the special assistant
to the Chief of Police and the adviser to all members of the Police
Department. The chaplain shall not be in the order of the seniority
or supervision of the Police Department. The chaplain shall, in addition
to the duties described above, perform such special assignments as
may be reasonably requested of him by the Mayor, members of the Borough
Council, Chief of Police or members of the Police Department.
[Added by Ord. No. 91-5]
A.
General requirements.
(1)
Intent. It is the intent of this section that all
promotions to superior positions within the Borough of Chester Police
Department be made in accordance with the requirements of the laws
of the State of New Jersey as established by statute, case law and
such other rules, regulations and decisions as provided by law. A
promotion of any member of the Police Department to a superior position
of Sergeant, Lieutenant or Chief of Police shall be made from the
membership of the Department, when possible. Due consideration shall
be given to the officer so proposed for the promotion, to the length
and merit of his service, and preference shall be given according
to seniority in service.
(2)
Examinations. Final decision as to all promotions
to superior positions within the Police Department shall rest with
the Borough Mayor and Council. The Mayor and Council are deemed to
be the appropriate authority of the Police Department pursuant to
N.J.S.A. 40A:14-118. In order to assist the Mayor and Council in evaluating
all candidates for promotions to superior positions within the Police
Department, they may require that such candidates submit to various
types of examinations and tests as the Mayor and Council deems necessary
and proper in order to ascertain who is best qualified for any promotion
within the Department.
(3)
Eligibility. In order to be eligible for promotion
and participation in any testing procedures, candidates must meet
all the criteria and requirements established for such promotion on
the date the examination and testing procedures begin.
B.
Promotion to the rank of Sergeant.
(1)
Any candidate for promotion to the rank of Sergeant:
(a)
Must have completed a total of three years in
the rank of patrolman within the Chester Borough Police Department
in order to become eligible to test for such promotion.
(b)
Must have knowledge of Department rules and
regulations, policy and procedure, borough ordinances which require
police action and the New Jersey Code of Criminal Justice.
(c)
Must demonstrate the willingness and ability
to carry out administrative duties, supervise and direct subordinates
and respond appropriately to emergency situations.
(d)
The candidate may be required to participate
in and satisfactorily perform all testing and examination requirements
for promotion as set forth in this subsection and such other tests
and examinations as required by the Mayor and Council as part of the
selection process in evaluating candidates for promotion to the rank
of Sergeant.
C.
Promotion to the rank of Lieutenant.
(1)
Any candidate for promotion to the rank of Lieutenant:
(a)
Must have completed one year in the rank of
Sergeant in the Chester Borough Police Department. This one-year requirement
shall not include any time spent by a candidate as Acting Sergeant.
[Amended 2-19-2008 by Ord. No. 2008-6]
(b)
Must successfully complete a law enforcement
First Line Supervision Course approved by the Mayor and Council.
[Amended 2-19-2008 by Ord. No. 2008-6]
(c)
Must demonstrate the willingness and ability
to carry out administrative duties, supervise and direct subordinates
and respond appropriately to emergency situations.
(d)
May be required to participate in and satisfactorily
perform all testing and examination requirements for promotion as
set forth in this subsection and such other tests and examinations
as required by the Mayor and Council as part of the selection process
in evaluating candidates for promotion to the rank of Lieutenant.
D.
Chief of Police.
(1)
Any candidate for promotion to the rank of Chief of
Police:
(a)
Must have proven ability to plan and direct
the activities of a Police Department.
(b)
Must have proven ability to meet and deal with
the public in courteous, tactful and efficient manner.
(c)
Must demonstrate the willingness and ability
to carry out administrative duties, supervise and direct subordinates
and respond appropriately to emergency situations.
[1]
They must be members, who are full-time sworn
officers having at least eight years as a certified police officer
in this state.
[2]
If there are not officers eligible under this
subsection or if all officers fail the testing procedures, the Mayor
and Council may seek qualified candidates that are from outside the
Department and are certified by this state to compete for this position.
(d)
Must be a member of the Police Department, having
at least eight years as a certified police officer in this state.
[Added 2-19-2008 by Ord. No. 2008-6]
(2)
Testing; examinations; investigations; additional
considerations.
[Added 2-19-2008 by Ord. No. 2008-6]
(a)
In order to assist them in evaluating candidates
for promotion to the position of Chief of Police, the Mayor and Council
may require that all candidates who have met all other eligibility
requirements submit to and satisfactorily complete any of the following
tests and examinations in the order and/or combination determined
by the Mayor and Council:
[1]
Written examination and/or assessment center
methodology testing.
[a]
If employed by the Mayor and Borough Council,
written examinations shall be conducted by a committee, organization,
agency, or consultant qualified to conduct said examinations and selected
by the Mayor and Council. The minimum passing score on the written
test shall be determined by the Mayor and Council in consultation
with the examiner and before the test is administered.
[b]
In lieu of a written examination, or in addition
thereto, the Mayor and Council may authorize that an assessment center
evaluation be performed by a qualified committee, organization, agency,
or consultant. The use of this methodology shall be designed to test
candidates in those areas which commonly reflect the day-to-day activities,
duties and functions of the position of Chief of Police.
[2]
Written essay. If and when requested, candidates
shall submit an original essay on a topic or topics selected by the
Mayor and Council. The minimum passing score on the written essay
shall be determined by the Mayor and Council before the written essay
is requested.
[3]
Written responses. If and when requested, candidates
shall submit written responses to questions posed by the Mayor and
Council. The minimum passing score on the written responses shall
be determined by the Mayor and Council before the questions are posed.
[4]
Oral interview. The Mayor and Council may interview
candidates or request that candidates be interviewed by a committee,
agency or consultant selected by the Mayor and Council.
[5]
) Medical examination. If and when requested,
candidates shall submit to a medical examination by qualified medical
personnel, and a recommendation shall be given to the Mayor and Council
as to whether the candidate is deemed to be medically and physically
fit and able to satisfactorily perform the duties of the position
of Chief of Police.
[6]
Psychological examination. If and when requested,
candidates shall submit to a psychological examination by a qualified
psychologist, and a recommendation shall be given to the Mayor and
Council as to whether the candidate is deemed to be psychologically
fit and able to satisfactorily perform the duties of the position
of Chief of Police.
[7]
Background investigation. If and when requested,
candidates shall consent to and authorize an investigation by a reputable
law enforcement officer, or such other type of investigator designated
by the Mayor and Council, in order to determine if there are any events
in the officer's personal background which would interfere with or
have any bearing upon his fitness and ability to perform the duties
of the position of Chief of Police.
(b)
Eligibility for any of the foregoing tests or
examinations may be based upon the candidate’s successful completion
of any of the other foregoing test(s) or examination(s) identified
by the Mayor and Council as a prerequisite prior to the commencement
of the testing and evaluation process.
(c)
In addition to the foregoing tests and evaluations,
the governing body may give due consideration to any of the following:
E.
Evaluation and testing for the ranks of Sergeant and
Lieutenant. In order to assist them in evaluating all candidates for
promotion to the positions of Sergeant and Lieutenant within the Police
Department, the Mayor and Council may require that all candidates
who have met all other eligibility requirements submit to and satisfactorily
complete any of the following tests and examinations:
[Amended 2-19-2008 by Ord. No. 2008-6]
(1)
Written examination or assessment center methodology
testing.
(a)
If employed by the Mayor and Borough Council,
written examinations shall be conducted by a personnel consultant
with established qualifications to conduct said examinations. The
minimum passing score on the written test shall be determined by the
Mayor and Council, on the basis of the recommendation of the consultant,
and before the Mayor and Council has learned the identity of any candidate.
Each candidate must pass the written test in order to be permitted
to compete in the oral interview.
(b)
In lieu of a written examination, the Mayor
and Council may authorize that an assessment center evaluation be
performed by a qualified personnel consultant. The use of this methodology
shall be designed to test all candidates in those areas which commonly
reflect the day-to-day activities, duties and functions of the particular
position for which the testing is being given.
(2)
Oral interview. The Mayor and Council may contract
individuals having skill and experience in the field of law enforcement
to interview all candidates who have successfully passed the written
examination or assessment center methodology testing. During the course
of the oral interview, the personnel record of the candidate shall
be reviewed and due consideration shall be given to the merit of his
service.
(3)
Seniority. The seniority of any candidate shall be
given due consideration, and credit shall be given for up to 15 years
of service in police work as hereinafter set forth.
(4)
Medical examination. Each candidate shall submit to
a medical examination by qualified medical personnel, and a recommendation
shall be given to the Mayor and Council as to whether the candidate
is deemed to be medically fit and able to satisfactorily perform the
duties of the particular position for which the testing is being given.
(5)
Psychological examination. Each candidate shall submit
to a psychological examination by a qualified psychologist and a recommendation
shall be given to the Mayor and Council as to whether the candidate
is deemed to be psychologically fit and able to satisfactorily perform
the duties of the particular position for which the testing is being
given.
(6)
Background investigation. Each candidate shall consent
to and authorize an investigation by a reputable law enforcement officer,
or such other type of investigator designated by the Mayor and Council
in order to determine if there are any events in the officer's personal
background which would interfere with or have any bearing upon his
fitness and ability to perform the duties of the particular position
for which the testing is being given.
(7)
Point system of testing. The Mayor and Council shall
utilize a point system in assisting them in evaluating each candidate
based upon the aforementioned test given. Substantial reliance shall
be placed upon the medical and psychological examinations and background
investigation and each shall have a significant effect upon all considerations
for promotion. In addition to these tests the following point allocation
shall apply to such other tests given and factors considered:
(a)
Written examination or assessment center methodology
testing: maximum point score, 80 points.
(b)
Oral examination: maximum point score, 50 points.
(c)
Seniority. Credit shall be given for one point
for each year of full-time service with any Police Department. Maximum
point score: 20 points.
(d)
A total minimum score of 90 points is required
for consideration to be evaluated to the position for which the testing
is being given. Minimum score total is based upon receiving a 60%
per performance of total maximum scores as listed above or as recommended
by the testing agency.
(8)
Final selection. All forms and types of testing shall
be deemed to be evaluative aids for the Mayor and Council in the decisionmaking
process of evaluating all candidates for promotion to a particular
position. Final decision for all promotions shall rest with the Mayor
and Council.
(9)
Promotion list. The list of applicants eligible for
promotion shall remain in effect for one year from the date of the
final evaluating, and promotions to be made for comparable positions
within this time period shall be made from this list.[2]
[2]
Editor's Note: Former Subsection F, Educational
requirements, which immediately followed this subsection, was repealed
2-19-2008 by Ord. No. 2008-6.
[Adopted by Ord. No. 98-07]
For the convenience of those persons and entities
which utilize the services of off-duty law enforcement officers of
the Chester Borough Police Department and to authorize the outside
employment of borough police while off-duty, the borough hereby establishes
a policy regarding the use of said officers.
A.
Members of the Police Department shall be permitted
to accept police related employment for private employers or school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duties for the borough.
B.
Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police or his designee,
which approval shall be granted if in the opinion of the Chief, such
employment would not be inconsistent with the efficient functioning
and good regulation of the Police Department, and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work.
C.
The policy of the Borough shall be to comply with
requests to the Borough of Chester for the services of off-duty law
enforcement officers when practicable. In the event that the Chief
of Police or his designee denies a request for the services of off-duty
law enforcement officers from the ranks of the Chester Borough Police
Department or other police departments, any person or entity making
such request may petition the governing body of the Borough to obtain
approval to directly employ the services of off-duty certified law
enforcement officers from outside the Borough Police Department. Such
petition shall include a full and complete description of the law
enforcement services to be met from such outside officers, and present
proof of adequate workers’ compensation insurance and public
liability insurance to satisfy the Borough’s Risk Manager. All
outside officers approved by the Borough and employed by the petitioner
shall be subject to the direction of the Borough Chief of Police.
As a condition of any approval that may be given, the petitioner shall
agree to defend, indemnify, and hold the Borough harmless against
any claims asserted by, against, or as a result of the petitioner’s
use and employ of police officers from outside of the Chester Borough
Police Department.
[Added 6-19-2007 by Ord. No. 2007-11]
A.
All requests to the Borough of Chester for the services
of off-duty law enforcement officers in the Chester Borough Police
Department shall be forwarded to the Chief of Police or his designee,
for assignment at least two work days before such services are required.
B.
Any law enforcement officers, when so employed, shall
be treated as an employee of the borough; provided, however, that
wages earned from outside employment shall not be applied toward the
pension benefits of law enforcement officers so employed, nor shall
hours worked for outside employment be considered in any way compensable
as overtime.
A.
Rates of compensation for contracting the services of off-duty law enforcement officers shall be established from time to time by the Borough Council, as reflected in Chapter 127, Fees, of the Code of the Borough of Chester.
B.
An additional fee is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Borough of Chester. The amount of said fee shall be as reflected in Chapter 127, Fees, of the Code of the Borough of Chester.
C.
Payment to off-duty law enforcement officers for outside
employment shall be made through the borough's payroll process.
