A.
The Mayor and Council shall appoint a person to fill the post of
Chief of Police which is deemed to be the highest ranking officer
or position in the Police Department of the Borough of Westville.
B.
In addition, the Mayor and Council shall appoint persons to fill
such other offices and positions as set forth in the preceding section
as it shall in its discretion see fit and deem necessary from time
to time.
Unless otherwise directed by the Chief of Police, command shall
be exercised by virtue of rank. In the case of equal rank, command
shall be exercised by virtue of length of service in such rank. In
the event the rank and length of services are equal, then command
shall be exercised by virtue of length of service in the next proceeding
rank. During the temporary absence of a commanding officer, when no
other provision is made by competent authority, command automatically
devolves upon the subordinate next in rank or upon the subordinate
present with seniority, if rank is equal. Members of the Department
who may be placed temporarily in the position of a member of higher
rank by proper authority shall exercise the authority and perform
the duties of such higher position and shall be held responsible in
like manner as if regularly appointed to such office. They shall not
alter or countermand any order issued by the member whose place they
temporarily occupy, except when the expediency of police action demands
or in cases of emergency action at variance to such order. In this
case, the member shall properly report in writing to his immediate
superior the reasons therefor.
Any reference to "police officer" shall include "patrolmen"
and/or "patrolwoman." In addition, use of the words "he" or "his"
in this chapter shall be deemed to include the words "she" or "her."[1]
A.
All persons appointed as command officers and police officers in
the Police Department of the Borough of Westville shall possess those
requisite qualifications prescribed by applicable statutes of the
State of New Jersey.
B.
No person may be appointed a command officer or police officer in
the Police Department of the Borough of Westville unless (s)he is:
(1)
A citizen of the United States and the State of New Jersey.
(2)
Of sound body and of good health sufficient to satisfy the requirements
of the New Jersey Police and Fire Retirement System.
(3)
Able to read, write and speak the English language well and intelligently.
(4)
Of good moral character.
(5)
Not less than 18 years of age.
(6)
Physically and mentally sound and emotionally stable and possessing
the necessary ability to understand and obey orders and to perform
the duties required of the Police Department.
(7)
Able to successfully complete his term as a probationary police officer
for the time period of one year or any extended period as prescribed
by state statute.
(8)
Never been convicted of any criminal offense.
(9)
A licensed New Jersey driver, which license allows operation of all
police vehicles owned at such time by the Borough of Westville.
(10)
A high school graduate or the possessor of a general education diploma.
C.
No person shall be appointed as a command officer or police officer
of the Borough of Westville unless he shall have:
(1)
Satisfactorily completed and filed a written application on the form
prescribed by the Chief of Police.
(2)
Qualified by passing the physical, written and oral tests as required
by the Chief of Police.
(3)
Submitted to and passed a medical, physical and psychological examination
conducted by a physician approved by the Mayor and Council.
(4)
Met all other minimum requirements enumerated in this chapter.
D.
No person shall be considered for appointment as a command officer
or police officer of the Borough of Westville who:
(1)
Lacks the establishment qualification requirements for the position
applied for.
(2)
Is physically, mentally or emotionally unfit to perform effectively
the duties of the position applied for.
(3)
Is addicted to the use of drugs or intoxicating liquors.
(4)
Has been convicted of any criminal offense.
(5)
Has made false statements of a material fact or practice or attempted
to practice any deception or fraud in his application, in his tests
or in securing his eligibility for appointment.
Every person appointed to the Police Department of the Borough
of Westville shall be required to take and subscribe to an oath or
affirmation as may be required and prescribed by the laws of the State
of New Jersey before his appointment by the Mayor and Council as set
forth in this chapter.
All active members of the Police Department on attaining the
age of 65 shall be retired from service. Active members hired prior
to January 1, 1987, may remain on active duty until age 68 or upon
attaining 25 years of service, whichever comes first.
All appointments of police officers to the Westville Police
Department shall be for a probationary period of one year or such
extended probationary period as allowed by applicable state statute.
No probationary police officer shall be given or accept a permanent
appointment unless he has successfully completed a police training
course at an approved school. Continuation of employment is dependent
upon the conduct of the appointee and the fitness of the appointee
to perform his duties. At the termination of the probationary period,
if the conduct, capacity or performance of the probationer has not
been satisfactory, he shall be notified, in writing, that he will
not receive absolute appointment, and his services shall be terminated
by the Chief of Police.
At or before the end of the probationary period, the Chief of
Police of the Westville Police Department shall report, in writing,
to the Mayor and Council regarding the progress made by the probationary
officer. Such report shall set forth the recommendation of the Chief
whether or not to continue the service of any such appointee. The
Mayor and Council shall determine whether or not to continue the employment
of the probationary officer. In the case of termination of service,
the Mayor and Council or its designee shall give written notice to
the appointee in question.
All persons appointed to the Police Department of the Borough
of Westville shall have their fingerprints taken, which fingerprints
shall be filed with the Division of State Police, as well as the Federal
Bureau of Investigation.
