This chapter shall be known and may be cited as the Administrative
Code of the Borough of Carlstadt and is herein referred to as the
code.
The Mayor shall preside over all meetings of the Borough Council
but shall not vote except to give the deciding vote in case of a tie.
The Mayor shall see that the laws of the state and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as (s)he may deem necessary or expedient for
the welfare of the Borough. The Mayor shall maintain peace and good
order and have power to suppress all riots and tumultuous assemblies
in the Borough and shall have all the powers granted by the laws of
the state and the ordinances of the Borough.
[Amended 4-7-2021 by Ord. No. 21-4]
2-7A.1. Creation of office. Pursuant to N.J.S.A. 40A:9-136, et seq. there
is hereby created in and for the Borough of Carlstadt the position
of Borough Administrator.
2-7A.2. Appointment; removal; vacancy.
a. The Borough Administrator shall be appointed by the Mayor, with the
advice and consent of the Council, and the term of office of the Borough
Administrator shall be for a term of one year or otherwise at the
pleasure of the governing body.
b. Any vacancy in said office shall be filled by appointment of the
Mayor with the advice and consent of the Council.
c. During the absence or disability of the duly appointed Borough Administrator,
the governing body may, by resolution, appoint an officer or regular
employee of the Borough to perform the duties of the Borough Administrator
during such absence or disability. Such absence or disability shall
be limited to three months, after which time such absence or disability
may be deemed a vacancy.
d. The Borough Administrator may be removed by a 2/3 vote of the governing
body. The resolution of removal shall become effective three months
after its adoption by the governing body.
2-7A.3. Qualifications; residential requirements.
a. The Borough Administrator shall be chosen on the basis of executive
and administrative qualifications, with special reference to education,
training and experience in governmental affairs.
b. The Borough Administrator need not reside in the Borough of Carlstadt,
but must be a resident of the State of New Jersey. Carlstadt residents
should be given preference to the extent possible.
2-7A.4. Compensation. The Borough Administrator shall receive as salary such
sums as may be fixed and adopted by the governing body in the Annual
Salary Ordinance of the Borough. All reasonable expenses incurred
in the performance of the position shall be reimbursed. The Borough
Administrator shall be required to utilize sufficient time as determined
by the governing body to provide the services set forth herein.
2-7A.5. Powers and duties. The Borough Administrator, in addition to the
powers and duties hereinafter set forth, shall have the powers and
duties prescribed by the laws of the state, the ordinances of the
Borough and such other additional powers and duties as may from time
to time prescribed or directed by the governing body. Excepted, however,
are those powers or duties required by law to be exercised by the
governing body itself or by another officer, board or body. The Borough
Administrator shall be responsible to the governing body for the proper
administration of all the affairs of the Borough and, to that end,
shall have the following duties and responsibilities:
a. Together with the Mayor, the Borough Administrator shall serve as
principal administrative officer representing the governing body.
b. Supervise and direct the business activities of all Borough departments
and offices, in consultation with the respective committee chairman,
including the direction of purchasing and, subject to the approval
of the governing body, the employment and replacement of personnel
as may be required in the departments.
c. Serve as the personnel officer of the Borough, establish and maintain
sound personnel practices, maintain appropriate records of all Borough
employees, recommend the hiring and promotion of Borough employees
and, when deemed necessary or advisable for the betterment of the
Borough, recommend the suspension or discharge of employees.
d. All complaints regarding services or personnel of the Borough shall
be referred to the office of the Borough Administrator who shall investigate
and dispose of such complaint, keep a written record of such complaint,
including when and what action was taken in response thereto, and
provide the governing body a copy thereof when requested to do so.
e. Whenever feasible, the governing body and its members shall deal
with the administrative employees through the Borough Administrator.
f. At the request of the governing body, inspect the duties and responsibilities
of any elected or appointed official and department of the Borough,
submitting a report relating thereto to the governing body for such
further action as the governing body may deem advisable in such instance.
g. Study the administrative and other operations of the Borough and
make recommendations for the plans and programs to meet the needs
of the Borough.
h. Together with the Finance Chair, receive from each department, office
and board their annual budget requests, reviewing and transmitting
same along with comments and recommendations to the governing body.
i. Together with the Finance Chair, consult with the governing body
on preparation of the tentative budget, recording changes, additions
and deletions thereto and submitting final recommendation in the form
required by law, together with an analysis of the various items of
expenditure and revenue and such explanatory comments as may be required.
j. fie responsible for the administration of the budget after its adoption
by the governing body and the implementation of it and maintain a
continuing review and analysis of budget operations, programs and
costs of municipal services, subject to the review and input of the
CFO.
k. Review, recommend, implement and enforce the financial procedures
and policy of the Borough and its departments, after consultation
with the appropriate committee chairmen and department heads.
l. Negotiate contracts for the Borough as authorized by, and subject
to, the approval of the governing body.
m. Supervise the performance and faithful execution of Borough contracts
except insofar as such duties are expressly imposed upon some other
Borough officer or official by statute.
n. Execute and enforce the laws of the state and ordinances and resolutions
of the Borough as the governing body may prescribe.
o. Receive notice of all regular and special meetings of the governing
body and advisory committees and attend all meetings of the governing
body and other committees as directed.
p. Receive copies of all general and official correspondence addressed
to the Borough and shall refer same to the appropriate officer or
department for disposition and reply.
q. Keep the governing body informed as to the conduct of Borough affairs,
submit periodic reports, either in writing or orally, on the condition
of the Borough finances, and such other reports, either in writing
or orally, as the governing body shall request, and make such recommendations
to the governing body as deemed necessary and advisable for the welfare
and future needs of the Borough.
r. Perform such other duties as may be required by the governing body
in accordance with the law.
2-7A.6. Limitation of duties. Nothing in this section shall derogate from
or authorize the Borough Administrator to exercise the powers and
duties of the elected and appointed officials of the Borough.
[Amended 2-7-2019 by Ord. No. 19-1]
2-20.1. Creation of Position. There shall be a position of Operations Manager
in the Department of Public Works.
a. Hiring. The Operations Manager shall be named and designated by the
Mayor and hired with the advice and consent of the Council.
b. Employment status. The Operations Manager shall be a nonexempt, full-time,
salaried employee of the Borough and receive such benefits equivalent
to those provided to all other department heads.
c. Qualifications. The Operations Manager, prior to hiring, shall possess
a Bachelor's degree from an accredited college or university, have
at least three years of relevant experience in public works or a related
field, shall be a resident of the Borough, possess a valid driver's
license in the State of New Jersey, and be qualified by education,
training and experience to perform the duties of the office as set
forth in Subsection 2-20.2 below. Certified Public Works Manager (CPWM),
Certified Facilities Manager ( FM) or Landscape Industry Certified
Manager (LICM) credentials are preferred.
d. Compensation. The Operations Manager shall receive as salary such
sums as may be fixed and adopted by the governing body in the annual
salary ordinance of the Borough.
2-20.2. Duties of Operations Manager. At the direction of the Mayor and Council,
the Operations Manager shall supervise the day-to-day field operations
of. the Department of Public Works. The Operations Manager shall be
responsible for providing direction to supervisors, foreman, and staff
assigned to the DPW, maintaining equipment and resources necessary
to complete daily assignments, managing the daily workload of the
department, compiling data and preparing administrative reports on
operational and quality assurance/quality control activities. He/she
shall be accountable for the safe and efficient conduct of all activities
of the department, performing the following specific tasks, and assuming
any additional responsibilities as directed by the Mayor and Council.
a. The Operations Manager shall serve as the Director of the Department
of Public Works.
b. Enforces Borough ordinances, policies and procedures pertaining to
the Department of Public Works as promulgated by the Mayor and Council.
c. Maintains consistency with all contractual terms and requirements
of the negotiated bargaining agreement between the Borough and CDPWBA,
as written and without interference, with no authority to change,
amend, negotiate or release any employee of the department from the
provisions thereof.
d. Establishes and maintains adequate inventory and control of all materials
and supplies needed for the maintenance and repair of all public works
under his/her supervision.
e. Maintains current and accurate records, including, but not limited
to, attendance, overtime, project and task costing, and training.
f. Creates, manages, and maintains department vacation and on-call schedules,
and coordinates overtime assignments of staff as approved by the Mayor
and Council.
g. Presides over daily morning attendance check and briefing, communicating
assignments and tasks to staff. Schedules and assigns resources (staff
and equipment) on a daily basis to meet department goals and objectives.
h. Responds to emergency matters as they arise and to priority issues
as directed by the Mayor and Council. All emergencies are to be reported
to the Mayor immediately, and matters requiring priority are to be
communicated to the Mayor and Council through the Chairperson of the
Public Works Committee as they arise or occur.
i. Collects daily data from supervisors, including but not limited to,
weigh tickets, completed work orders, attendance reports, logs, etc.,
and compiles same for regular reporting to the Mayor and Council regarding
performance and efficiencies.
j. Inspects work performed by department staff to see that proper safety
procedures are taken by the crews at work and that proper procedures
are taken to protect the public from injury which could result from
crew's activities.
k. Provides technical direction and support to staff in field, if required.
l. Monitors staff performance in the field, satisfactory completion
of core functions, documents deficiencies or inefficiencies and reports
significant matters to Mayor and Council to address.
m. Evaluates Borough projects, equipment and services and makes recommendations
on modifications and improvements thereto to the Mayor and Council
through the Chairperson of the Public Works Committee.
n. Attends all public meetings of the Mayor and Council.
o. Receives DPW employee concerns and complaints and takes proper action,
conducts investigations, and performs follow up as required. Conducts
employee conferences, resolves issues or refers same to Mayor and
Council, through the Chairperson of Public Works Committee, for further
action and follow up.
p. Receives all complaints from residents and taxpayers of the Borough
relating to the operations under his/her jurisdiction, investigates
same, takes appropriate action, and reports results to the Mayor and
Council through the Chairperson of the Public Works Committee.
q. Participates in employee development initiatives and ensures annual
staff training is complete. Assures that all department employees
successfully complete any and all safety and/or training requirements
as mandated by any agency on an annual basis. All training sessions
must be scheduled at reasonable times and attendance and completion
by DPW employees fully documented.
r. Submits to the Chairperson of the Public Works Committee a monthly
report of all work performed and services furnished as well as inspections
made during the previous month.
s. Manages Borough task force initiatives such as ice and snow control
operations, leaf collection, and stormwater catch basin cleanout.
t. Inspects all sewer lines and catch basins in the Borough individually
or in conjunction with other designated Borough officials on a regular
and routine schedule, maintaining current and accurate records and
reporting such activity to the Mayor and Council in the monthly report.
u. Serves as Department of Public Works safety representative and ensures
staff compliance with all safety regulations and requirements. Attends
all Safety meetings as scheduled by the Borough's Safety Officer and
provides necessary and customary reports on activity of DPW in a timely
manner. Any and all issues and concerns with regard to safety are
to be reported to the Mayor and Council through the Chairperson of
the Public Works Committee, together with recommendations for corrective
and preventative action.
v. Serves as the Department of Public Works Storm Water Management representative
responsible for all statutory rules and regulations that touch and
concern the department. Attends to all record keeping and reporting
requirements on a timely basis and assures submission to the designated
Storm Water Management Coordinator designee.
w. Submits to the Chairperson of the Public Works Committee his/her
recommendations for budget appropriations for the ensuing year.
x. Upon request of the Mayor and Council, the Operations Manager may
be required participate in any contract negotiations with Department
of Public Works employees as a Borough department head assisting with
the collective bargaining processes of the Borough and recommending
to the Mayor and Council collective bargaining terms and conditions
for their consideration.
2-20.3. Creation of Position. There shall be created within the Borough of
Carlstadt the position of Director of Public Works Operations, Maintenance
and Equipment.
a. Hiring. The Director of Public Works Operations, Maintenance and
Equipment shall be named and designated by the Mayor and hired with
the advice and consent of the Council.
b. Employment Status. The Director of Public Works Operations, Maintenance
and Equipment shall be a nonexempt, full-time, salaried employee of
the Borough and receive such benefits equivalent to those provided
to all other department heads.
c. Qualifications. The Director of Public Works Operations, Maintenance
and Equipment shall possess a CPWM certification should the governing
body deem it necessary, possess the ability to create oral and written
reports and to work with computers and relevant software and be capable
of meeting online filing requirements. Additionally, he/she shall
be qualified by education, training or experience to perform the duties
of the position as set forth in Subsection 2-20.4 below.
d. Compensation. The Director of Public Works Operations, Maintenance
and Equipment shall receive as salary such sums as may be fixed and
adopted by the governing body in the annual salary ordinance of the
Borough.
2-20.4. Duties of Director of Public Works Operations, Maintenance and Equipment.
The Director of Public Works Operations, Maintenance and Equipment,
under the direction of the Mayor and Council, shall:
a. Oversee and coordinate buildings and grounds operations of the Department
of Public Works including building upkeep and repairs, field, park
and grounds maintenance, tree maintenance and removal, snow removal
and use of all associated equipment through the respective Foreman
of the Division of Buildings and Grounds.
b. Oversee and supervise the Borough Mechanic, including his or her
maintenance and supervision of the Borough's fleet and equipment,
upkeep and repairs thereof, and employee(s) hours of operation, scheduling
of vacation and sick time.
c. Oversee and coordinate street maintenance operations of the Department
of Public Works including road repair, signage, striping, curb painting,
and snow removal and meet the requirements of the stormwater management
regulations with regard to all stormwater utilities throughout the
Borough through the respective Foreman of the Divisions of Streets.
d. Oversee and coordinate sanitation operations of the Department of
Public Works including daily refuse/trash/garbage collection, weekly
recycling collection, debris and leaf collection through the respective
Foremen of the Division of Sanitation.
e. Coordinate vehicle inventory maintenance and repair of any Borough-owned
vehicles and equipment through the Borough Mechanic.
f. Schedule, coordinate and supervise buildings upkeep, grounds maintenance,
road repair, sanitation crews and equipment repair according to daily
and seasonal needs.
g. Oversee and coordinate compliance with the New Jersey Stormwater
Management Control Regulations including all recordkeeping and reporting
responsibilities and serve as the designated Storm Water Coordinator
on behalf of the Borough.
h. Inspect and properly maintain all sanitary and stormwater sewer lines
in the Borough individually or in conjunction with other designated
officials.
i. Set up, keep and maintain all the books, records, field notes, maps,
surveys and similar records necessary to perform the duties of the
position and turn over all such records to his/her successor or the
Chairperson of the Public Works Committee upon expiration of his/her
term or upon separation from employment with the Borough.
j. Recommend to the appropriate committee chairperson the need for any
repairs and replacements of Borough-owned vehicles, equipment, structures,
buildings or grounds.
k. Recommend for approval the expenditures of all funds by voucher chargeable
against the Public Works budget.
l. Certify to the timesheets and payroll for the employees assigned
to the Department of Public Works.
m. At the request of the Public Works Committee, attend any meetings
of the Public Works Committee and, at the request of the Mayor and
Council, attend any Council meetings.
n. Attend all emergency meetings as required for emergency service responders.
o. Respond in a timely manner with appropriate assignment of manpower
and equipment necessary to accommodate requests of other Borough departments.
p. Assure all
DPW operations are conducted in a safe, efficient and economic manner.
2-20.5. Duties of the Department of Public Works. The Department of Public
Works, under the direction of the Operations Manager and the Director
of Public Works Operations, Maintenance and Equipment, shall take
charge of and shall be responsible for the construction, operation
and maintenance of all parks, sewers, cutting of brush, mowing of
grass, removal of snow, maintenance of pipes, valves and pumps in
the pump stations, if any, cleaning of ditches, collection of rubbish/trash/debris,
compliance with stormwater regulations and the care of other public
works in the Borough subject to the direction and policies established
by the Mayor and Council.
2-20.6. Rules and Regulations. The Mayor and Council, by resolution, shall
make such rules and regulations necessary for proper operation of
the Department of Public Works and when same are adopted by the Mayor
and Council they shall be known as the rules and regulations for the
governing of the Department of Public Works and shall be binding on
each member of the department.
2-20.7. Division of Streets. Within the Department of Public Works there
shall be a Division of Streets which shall, through its designated
Foreman and assigned manpower, be responsible for the maintenance
of all Borough streets and roads, including the street lighting system.
2-20.8. Division of Sanitation. Within the Department of Public Works there
shall be a Division of Sanitation which shall, through its designated
Foreman and assigned manpower, provide, operate and maintain facilities
for the collection and disposal of refuse, trash and garbage at such
times and in such manner as may be authorized by the Mayor and Council
by resolution.
2-20.9. Division of Buildings and Grounds. Within the Department of Public
Works there shall be a Division of Buildings and Grounds which shall,
through its designated Foreman and assigned manpower, be responsible
for the maintenance of all Borough recreation areas, parks, buildings
and grounds and all Borough-owned property, including streets, lawns,
trees and shrubs.
There shall be a Department of Buildings and Grounds which shall
supervise the maintenance of all Borough recreation areas, buildings
and grounds, and all Borough-owned property, including streets, lawns
and shrubs.
[Amended 12-21-2020 by Ord. No. 20-11; 6-15-2021 by Ord. No. 21-6]
2-22.1. Established;
Composition.
a. Composition. The Police Department of the Borough of Carlstadt is
hereby established and may consist of the following positions:
2. Deputy Chief of Police, with the recommended designated hours of
3:00 p.m. to 11:00 p.m., Monday through Friday. Such hours are subject
to change based upon the Chief's sick, personal and vacation schedules;
6. There may be up to three part-time Class 3 special law enforcement
officers ("Class 3 SLEO"), at the option of the Mayor and Council,
whose duties shall include, but not be limited to acting as liaison
to Carlstadt Public School and Regional High School as well as such
other duties as may be assigned by the Chief of Police. Class 3 SLEOs
must meet and maintain all of the requirements and training established
under New Jersey Law;
7. Such other personnel as the Mayor, as the appropriate authority,
may from time to time appoint thereto with the advice and consent
of Council.
b. Detective Bureau. There is hereby established within the Police Department
a Detective Bureau which shall be under the command of the Chief of
Police or such other superior officer as (s)he may from time to time
assign thereto. The Chief of Police and/or his/her designee shall
coordinate and assign all duties within the Detective Bureau. The
Mayor may appoint personnel to the Detective Bureau pursuant to his/her
duties as the appropriate authority.
c. Positions. The positions set forth herein are intended to be a maximum
number for each designated position. Nothing contained in this section
shall require the Governing Body to fill any position or to fill any
position to the maximum.
d. Seniority and tenure. Nothing herein contained shall affect the seniority
and tenure of any present officer or member of the Department, nor
shall it restrict the Chief of Police in his/her discretion from assigning
members to duty in either the regular Department or the Detective
Bureau. Notwithstanding anything herein to the contrary, the several
officers of the Detective Bureau shall enjoy the same rights, privileges,
and seniority of the Police Department generally.
2-22.2. Appointment.
All members of the Police Department shall be appointed by the Mayor
as the appropriate authority, with the advice and consent of the Council,
to hold office as provided by law.
2-22.3. Control.
The Police Department shall be under the control of the Mayor as the
appropriate authority.
2-22.4. Appropriate
Authority. The Mayor shall be the appropriate authority of the Police
Department pursuant to N.J.S.A. 40A:14-118 and shall be responsible
for the adoption and promulgation of rules and regulations for the
governance of the force and for the discipline of its members. The
Chief shall report to the Mayor and/or Police Commissioner as his
designee. The Mayor, or his designee, may from time to time and for
such specific purpose, as he deems appropriate, select and designate
from among members of the Borough Council three members who shall
constitute the Police Committee to perform such acts as necessary
to achieve the specific purpose for which the Committee was established.
The Mayor as appropriate authority shall be an ex-officio member of
any such committee so established.
2-22.5. Qualifications.
a. Each applicant shall comply with all the laws of the State of New
Jersey pertaining thereto. No person shall be given or accept a permanent
appointment as a police officer in the Borough unless such person
has successfully completed a police training course at a school approved
and authorized by the Police Training Commission in the Department
of Law and Public Safety of the State of New Jersey and, thereafter,
has served longer than one year following the successful completion
of the required training.
b. Each candidate for appointment to the Police Department shall be
required to submit to such written, oral, psychological and physical
examination as may be prescribed by the Mayor as appropriate authority
or any committee that may be established by the Mayor for purposes
of making appointments to the Department and also to submit to a physical
examination by a licensed practicing physician and/or psychologist
of the State of New Jersey designated for such purpose, the character
and scope of such examination to be for the purpose of revealing the
extent to which the applicant may be mentally, physically and otherwise
qualified to perform his/her appropriate duties in the Department.
The examinations shall be prepared and conducted at such time and
place and by such persons as the Mayor as the appropriate authority
may from time to time designate. Any applicant who shall fail to attain
a grade of 70 in the written or oral examination, or who shall fail
to meet such physical qualifications as may be set up by the appropriate
authority and any committee established for such purpose or who, in
the opinion of the examining physician and/or psychologist, is incapable
of performing the duties of a police officer in a safe and efficient
manner shall be ineligible for appointment to the Department.
c. Where more than one candidate applies, the examinations shall be
competitive, and appointments shall be made from among those who have
successfully passed the examination.
d. No person shall be appointed to the Police Department as a regular
or probationary member unless, at the time of application, (s)he shall
be between the ages of 18 and 35 years, except as provided by law
in the case of veterans. The applicant shall be a citizen of the United
States and a resident of the State of New Jersey.
e. In addition to all other requirements set forth herein, each candidate
for appointment to the Police Department shall have obtained a minimum
of 64 credits (a minimum of 15 credits must be in criminal justice
coursework) from a regionally accredited institution of higher education
or have received a bachelor's degree from a regionally accredited
institution of higher education or have served three years of military
service and honorably discharged. Candidates shall be required to
submit an official college transcript or diploma evidencing satisfaction
of the credit requirement or a copy of honorable discharge evidencing
military service.
f. The Mayor at his sole discretion as appropriate authority may direct
the Police Chief to recommend PTC certified candidate(s) or such other
qualified personnel employed, as decided by the Governing Body, for
immediate appointment to address manpower shortages caused by vacancies,
sickness, injury, or by the taking of accrued vacation or sick leave,
or both, whereby the safety of the public is endangered or imperiled
or when circumstances or situations create a shortage of police personnel.
Individuals recommended by the Police Chief shall be required to pass
a physical, psychological and oral interview by the Governing Body
before any such appointment may be made.
2-22.6. Oath
of allegiance. Before entering upon the performance of his/her duties,
each member of the Police Department shall take and subscribe an oath
to bear true faith and allegiance to the government established in
this state, to support the Constitution of the United States of America
and the State of New Jersey and to faithfully, impartially and justly
discharge and perform all the duties of his/her office. The oath or
affirmation shall be filed with the Borough Clerk.
2-22.7. Chief
of Police.
a. The Chief of Police shall be the head of the police force and he
shall be directly responsible to the appropriate authority for the
efficiency and routine day-to-day operations thereof, and that (s)he
shall, pursuant to policies established by the appropriate authority:
1. Administer and enforce rules and regulations, including the Police
Manual of the Borough of Carlstadt, and special emergency directives
for the disposition and discipline of the force and its officers and
personnel;
2. Have, exercise and discharge the functions, powers and duties of
the force;
3. Prescribe the duties and assignments of all subordinates and other
personnel;
4. Delegate his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and
5. Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month and make such other reports as may be requested
by such authority.
b. In addition, the Chief of Police shall have the following duties
and responsibilities that shall be delegable:
1. For the education, schooling and training of all police officers.
2. Maintenance and assignment of the police equipment.
2-22.8. Duties
of Department. The Police Department, through its Chief, shall:
a. Preserve the public peace; protect life and property; prevent crime;
detect and arrest offenders against the penal laws and ordinances
effective within the Borough; suppress riots, mobs and insurrections;
disperse unlawful or dangerous assemblages; and preserve order at
all elections and public meetings and assemblages.
b. Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons; protect the safety
and facilitate the convenience of motorists and pedestrians; and make
and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
c. Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough; inspect and observe
all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and report thereon
to the appropriate department.
d. Provide proper police attendance and protection at fires.
e. Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
f. Operate a training program to maintain and improve the police efficiency
of the members of the Department.
g. Be responsible for checking streetlight outages.
2-22.9. Probationary
Appointment.
a. Patrol officer. Each person hereafter appointed to the Department
shall be known as a "probationary patrol officer" and shall serve
as a probationary patrol officer for a period of one year commencing
the first day following successful completion of all training requirements
provided for in Subsection 2-22.5a, above. The probationary period
shall be divided into two six-month periods, the first six-month period
being known and designated as "Probationary Period A," and the second
six-month period as "Probationary Period B."
b. Officers. Each person appointed or promoted to the position of Sergeant,
Lieutenant, Deputy Chief or Chief of Police shall also serve a probationary
period in such capacity for a period of one year from the date of
his/her appointment or promotion. The probationary period shall be
divided into two six-month periods, the first six-month period being
known and designated as "Probationary Period A," and the second six-month
period as "Probationary Period B."
c. Termination of probationary period. At the termination of the entire
probationary period, if the person satisfactorily meets all the requirements
of the position to which (s)he has been appointed or promoted for
the probationary period, the appointment or promotion shall be final
on the recommendation of the appropriate authority or any committee
that may be established by the Mayor as the appropriate authority
for such specific purpose. However, if the candidate does not meet
the requirements of his/her position at any time during either Probationary
Period A or B, his/her service as such will be terminated on the recommendation
of the appropriate authority or any committee that may be established
by the Mayor as the appropriate authority for such specific purpose.
2-22.10. Removal
and Suspension.
a. Causes for removal or suspension. Each regular police officer shall
hold office and continue in employment during good behavior and efficiency,
and no person shall be removed from office or employment for any causes
other than incapacity, misconduct, neglect of duty, conduct unbecoming
a police officer, disobedience of the rules and regulations of the
Department or absence from duty without just cause for five days or
more.
b. Notice; hearing. Any member of the Department may be suspended, removed,
fined or reduced from office or employment for just cause upon due
notice and service of written charges and a hearing before the Governing
Body as provided by law.
2-22.11. Uniforms.
All members of the Police Department shall provide and maintain in
clean and serviceable condition such wearing apparel and equipment
as shall be prescribed by the appropriate authority.
2-22.12. Firearms.
All firearms which may be provided by the Borough shall remain the
property of the Borough.
2-22.13. Promotions.
a. Chief and Deputy Chief appointments.
1. The Mayor, as the appropriate authority, subject to Section 2-22.1c,
shall make appointments to the positions of Chief and/or Deputy Chief
as administrative/executive officers of the Department. The appointments
of Chief and Deputy Chief shall be subject to the confirmation of
the Council. The Mayor, as appropriate authority, shall make his determination
based on his review of the applicant's past record (30%) and the results
of an oral interview (70%). The past record shall consist of review
of any prior commendations, discipline, evaluations, both formal and
informal, as well as prior service and experience in leadership positions.
The oral interview may, but shall not be limited to, the following
criteria: leadership; initiative; vision for the future of the Department;
and ability to communicate and work with the Mayor and Council. The
member's length of service shall be employed only in the event of
a tie.
2. To be eligible for the position of Chief and/or Deputy Chief, the
applicant shall have served at a minimum three years in a Borough
of Carlstadt police superior officer position and currently hold the
rank of Lieutenant or above.
b. Lieutenant and Sergeant appointments.
1. The Mayor, as appropriate authority, shall make promotions to Lieutenant
and Sergeant positions in the Police Department with the advice and
consent of the Council. All such promotions to Lieutenant and Sergeant
shall be made from the membership of the Department as constituted
at the time of promotion.
2. No person shall be eligible for promotion to a superior position
unless (s)he shall have first served in the rank of patrol officer
in the Police Department for not less than three years.
3. All promotions shall be subject to the provisions regarding probationary
appointment in Section 2-22.9b above.
c. Promotional process. So as to provide all eligible candidates for
promotion with fair notice and equal access to the promotional process,
and to identify the most qualified members of the Department for promotion
to leadership positions within the Department, the following promotional
process shall be employed for promotions to all superior positions
other than the administrative/executive positions of Chief and/or
Deputy Chief. The promotional process shall be governed by state law
and in compliance with N.J.S.A. 40A:14-129, which provides that a
promotion of any member or officer of the Police Department to a superior
position shall be made from the membership of the Department and due
consideration shall be given to the length and merit of his/her service
and preference shall be given according to seniority in service. The
Chief of Police shall be responsible for the administration of the
promotional process.
1. Promotion to the rank of Sergeant and Lieutenant.
(a)
Recommended prior experience. No person shall be eligible for
promotion unless that person shall have served in the Carlstadt Police
Department in the following rank prior to the deadline for submission
of a letter of intent to participate in the promotional process. The
Governing Body may, at their discretion, relax the prior experience
requirements in this section based upon the qualifications of the
applicant, the needs of the Police Department and the needs of the
Borough:
Position
|
Prior Rank
|
Prior Experience
(years)
|
---|
Sergeant
|
Patrol officer
|
5
|
Lieutenant
|
Sergeant
|
3
|
(b)
Testing. The testing process for
the above positions will consist of the following:
(1)
Seniority, length of service and review of a candidate's personnel
file shall be given due consideration in accordance with N.J.S.A.
40A:14-12(9) This category shall account for 30% of a candidate's
total promotional score.
(2)
Oral examination and assessment administered by the Carlstadt
Police Chief or, in the event of vacancy, the highest-ranking uniformed
officer in the Carlstadt Police Department. The oral examination and
assessment in this category shall account for 20% of the candidate's
total promotional score.
(3)
Oral examination and assessment administered by the Mayor and
Council. The oral examination and assessment by the Mayor and Council
shall account for 50% of the candidate's total promotional score.
(4)
The oral examination and assessment may include, but shall not
be limited to, the following criteria: a written examination administered
by the New Jersey State Association of Chiefs of Police ("Chief's
Association") or other written examination recognized by the State
of New Jersey for such police promotions and deemed appropriate by
the Governing Body, the applicant's leadership ability, initiative,
productivity, attitude towards peers, supervising officers and the
public, motivation and morale, previous job performance, past attendance
record, loyalty to the Department and community, experience and seniority,
and career development and training.
d. Procedure for conduct of promotional process.
1. The Chief of Police shall obtain permission from the Mayor, as appropriate
authority, to hold a promotional examination process. After having
received such approval, the Chief of Police, or his designee, shall
provide a written announcement of the promotional process to all eligible
personnel.
2. The announcement shall include a recitation of the eligibility for
the position and shall include a description of the promotional process
and should indicate to the candidates the format, length, and duration
of any examinations, together with a description of any other portions
of the promotional process, any minimum cutoff scores to continue
to advance, and a weight assigned to each element.
3. Candidates for promotion shall be required to submit a written request
and current resume to the Chief of Police, or his designee, prior
to the closing date of the announcement to participate in the process.
4. No person shall be eligible to participate in the promotional process
unless (s)he has submitted a written request and current resume prior
to the deadline set forth by the Chief of Police.
5. The promotional testing process may, at the discretion of the Mayor
and Council, include:
(a)
Written examination. At least 30 days before the written examination,
the Chief of Police, or his designee, shall announce the date, time
and location of the written examination. The Mayor and Council may
enter into a contract with the New Jersey State Association of Chiefs
of Police or other testing body recognized by the State of New Jersey
to develop, conduct, and grade the written examination. The questions
will be based upon basic police practices and may include police and
investigative procedures, supervisory and administrative principles,
New Jersey criminal law, report writing, search and seizure issues,
New Jersey Attorney General Guidelines and Directives, legal aspects
and requirements for police work, and such other criteria as determined
by the Chief's Association or other testing body recognized by the
State of New Jersey. Eligible candidates who are scheduled to work
during the written examination will be excused from duty to take the
examination.
(b)
Seniority. Due consideration and
preference shall be given to seniority and length of service in accordance
with N.J.S.A. 40A:14-12(9) Candidates participating in the promotional
process for the rank of Sergeant and Lieutenant, shall be entitled
to points for seniority as follows:
(1)
Seniority for Sergeant candidates shall be calculated by awarding
each candidate 0.055 points per month of service, up to a maximum
of 10 points.
(2)
Seniority for Lieutenant candidates shall be calculated by awarding
two points for each year of service as a Sergeant beyond the minimum
time in grade (one year) required to apply for promotion, up to a
maximum of 10 points.
(3)
Seniority shall be utilized in the event of any tie.
(c)
Oral interview. Candidates for the ranks of Sergeant and Lieutenant
shall be evaluated through an oral interview conducted by the Mayor
and Council and the Carlstadt Chief of Police or, in the absence of
the Chief, the highest ranking uniformed officer. Each candidate shall
be presented with the same questions or topics related to the respective
rank designed to elicit open-ended responses so that the Mayor and
Council and Chief can determine the candidate's promotional potential,
maturity, composure and leadership abilities. Candidates for promotion
shall not discuss or disclose the contents or subject matter topics
of the oral interview process until all oral interviews are concluded.
The Mayor and Council or their designee may require promotional candidates
to sign a confidentiality and nondisclosure agreement to insure compliance
with these requirements. At the Mayor and Council's discretion, candidates
may be sequestered during the interview process.
e. Lateral entry or lateral transfers. No lateral entry or lateral transfer
is permitted from another agency to a promotional rank with the Carlstadt
Police Department.
f. Security of promotional materials. The Chief of Police, or his designee,
shall be responsible for the security and custody of promotional materials.
All promotional materials will remain in the secured promotional file
located in the office of the Chief of Police or such other secure
area as designated by the Chief.
g. Eligibility lists.
1. At the conclusion of the promotional process, the Chief of Police
shall receive from the New Jersey State Association of Chiefs of Police
or other testing body the scores of each candidate in the written
test.
2. After the expiration of the time for filing of appeals set forth
below, and the disposition of any such appeal, the Chief of Police
may establish and certify a list of eligible candidates in the order
of their final scores for promotion. Said eligibility list will be
distributed to the Mayor as the appropriate authority. The eligibility
list may, at the discretion of Mayor and Council, remain in effect
for a period of up to 18 months from the date it was certified but
may be shortened or extended by the Mayor and Council at their discretion.
3. After the expiration of the eligibility list, candidates will be
required to reapply for and participate anew in any subsequent promotional
process.
h. Appeals of promotional process.
1. Within three days of the notification to each candidate of his/her
ranking, a candidate may file a written appeal directed to the Chief
of Police and the Mayor and Council. Said written appeal must contain
the reason(s) or justification for the appeal. As part of any appeal,
any candidate may review his or her evaluation or any other internal
document pertaining to the candidate that was utilized in the promotional
process.
2. The Mayor and Council will assess the request for appeal and make
a determination as to how the request will be addressed, on a case-by-case
basis. Scores on the written examination shall be final and not subject
to appeal. Appeals of the calculation of seniority shall be decided
based upon the official records maintained by the Police Department.
Appeals of the oral examination and assessment shall be decided by
the Mayor and Council within 10 days from the filing of the appeal.
The Mayor and Council shall make a written decision on the appeal
together with a brief statement of the reasons therefor. All decisions
by the Mayor and Council on appeal shall be final.
2-22.14. Special
Police Officers.
a. The Chief, subject to the approval by resolution of the Governing
Body, may appoint special police officers for a term not exceeding
one year and revoke such appointments without cause or hearing. The
special police officers shall carry out their duties and responsibilities
under the direct supervision of the Chief or his designee. Their powers,
rights and duties shall be specifically defined by the Chief, but
shall immediately cease at the expiration of the term for which the
special police officers were appointed or upon revocation of their
appointment. Special police officers shall not carry a revolver or
other weapon at any time except as otherwise directed by the Chief.
The resolution approving appointment of special police officers shall
designate the rate of pay, if any.
b. No person shall be appointed as a special police officer unless (s)he
is a citizen of the United States and resident of the Borough of Carlstadt
for a period no less than one year; is able to read, write and speak
the English language; is physically qualified and of good moral character;
and shall not have been convicted of any criminal offense. Every special
police officer shall be fingerprinted and the fingerprints filed with
the Division of the State Police and the Federal Bureau of Investigation.
Reports shall be made by the Chief of Police to the Council concerning
the eligibility and qualifications of any person proposed to be appointed
a special police officer.
There shall be a Civil Defense and Disaster Control Council
pursuant to N.J.S.A. App. A:9-41, and a Director of the Civil Defense
and Disaster Control Council. The Police Department and all departments
of the Borough government shall cooperate with and assist the Council
as required.
There shall be a free public library of the Borough which shall
be operated by the Board of Trustees of the Carlstadt Free Public
Library. The Board shall consist of seven members, one of whom shall
be the Mayor or other chief executive officer of the Borough and one
the local Superintendent of Schools, or, if there is no such official,
the principal with power of supervision over the local school system,
or, if the Borough shall have none of the abovementioned school officials,
then the President of the Board of Education. The five remaining members
shall be citizens appointed by the Mayor or Chief executive, at least
four of whom shall be residents of the Borough. The appointments shall
be for terms of one, two, three, four and five years respectively
as they may be selected by the Mayor or other chief executive officer.
The Board of Trustees shall hold in trust and manage all property
of the library and shall have all the powers provided by N.J.S.A.
40:54-12.