Borough of Ho-Ho-Kus, NJ Article III Appointments

§ 46-6 General procedure.

Appointments to the Police Department shall be made by the Mayor, upon the recommendation of the Chief and confirmation by the Borough Council.

§ 46-7 Physical examination.

[Amended 3-16-2021 by Ord. No. 2021-45]

Applicants for appointment to the Police Department shall be required to take and pass a physical examination. This requirement may be waived by the Chief of Police for applicants who have met or exceed within the past one year the current physical testing requirements established by the Ho-Ho-Kus Police Department; are currently employed by and working as a police officer in another police department; or have been Police Training Commission (PTC) certified.

§ 46-8 Personnel qualifications.

[Amended 6-23-1987 by Ord. No. 606]

A. No person shall be appointed as a regular member of the Police Department unless such person:

[Amended 2-24-2004 by Ord. No. 884]

(1) Is a citizen of the United States and a resident of the State of New Jersey for at least one year prior to the date of appointment.

(2) Is in good mental and bodily health.

(3) Is able to read, write and speak the English language well and intelligently.

(4) Is free from conviction of a crime and has a clear criminal case history (CCH) and must clear a complete background investigation.

(5) Is of good moral character.

(6) Is a graduate of a two-year college, preferably with a degree in law enforcement or a related field, or has completed at least 1/2 of the credits of a four-year college program, preferably with a degree in law enforcement or a related field.

(7) Possesses a valid New Jersey state driver's license without record of suspension or revocation in any state.

(8) Having been a member of the United States Armed Forces, shall present evidence of honorable discharge.

(9) Successfully completes the State Basic Training Academy within one year of employment.

(10) Successfully passes medical and psychological examinations by medical personnel selected by the Mayor and Council.

(11) Meets the requirements of appointment as policeman under N.J.S.A. 40A:14-122 and other applicable laws of the State of New Jersey.

B. Preference may be given to residents of the Borough of Ho-Ho-Kus for an initial appointment to the Police Department as authorized by N.J.S.A. 40A:14-123.1a.

§ 46-9 Promotions.

[Amended 3-23-2010 by Ord. No. 961; 6-27-2017 by Ord. No. 2017-08]

A. General.

(1) 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 (Sergeant, Lieutenant, and Captain), other than the Chief of Police.

(2) 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.

B. Promotion to rank of Sergeant.

(1) Eligibility. No person shall be eligible for promotion to the rank of Sergeant unless the candidate has served as a police officer with the Ho-Ho-Kus Police Department for at least five years, and possesses a minimum of an associate's degree (AA) or its equivalent, i.e., a minimum of 60 college credits, preferably in a social science, although not required.

(2) The testing process for the above position will consist of the following:

[Amended 7-20-2021 by Ord. No. 2021-56]

(a) Written or oral examination administered by the New Jersey State Association of Chiefs of Police ("Chief's Association") or such other written or oral examination approved by the governing body and administered by the Chief of Police.

[1] The written or oral examination shall account for 50% of a candidate's total promotional score, up to a maximum of 50 total points.

[2] Each candidate's total point score for the written or oral examination shall be computed by taking a candidate's score on the written exam (which exam shall have 100 points as its maximum score) and multiplying same by 50%. By way of example, a candidate receiving a score of 80 points on his/her examination shall receive 40 total points for the examination element of the promotional process (80 x 50% = 40 total points).

[3] To be eligible to proceed to the oral examinations by the Interview Panel and the appropriate authority, a candidate must achieve a minimum score of 70 points out of said maximum of 100 points on the written or oral examination (i.e., at least 35 total points).

[4] If the number of vacancies in the rank is equivalent to the number of applicants to the position, a written or oral examination is still required. Promotion to the rank of Sergeant will be subject to passing the exam with a score of at least 35 total points.

(b) Oral examination administered by an interview panel (the "Interview Panel") comprised of one or more of the following persons, or their designees: the Chief of Police, the Borough Administrator, one member of the Public Safety Committee and one command staff member designated by the Chief of Police.

[1] Only those candidates who have achieved a score of 70 points or greater (out of the maximum of 100 points) on the written examination shall be permitted to sit for an oral examination by the Interview Panel (i.e., at least 35 total points). Oral examinations by the Interview Panel shall take place after the receipt of the written examination scores.

[2] The Interview Panel's oral examination and assessment (which examination and assessment shall have 100 points as its maximum score) shall account for 25% of the candidate's total promotional score, with 25 total points being the highest possible score for such oral examination and assessment. By way of example, a candidate receiving a score of 80 points on his/her oral examination by the Interview Panel shall receive 20 total points for the Interview Panel's oral examination element of the promotional process (80 x 25% = 20 total points). The oral examination and assessment by the Interview Panel shall include an evaluation of the following criteria: commendations, employee reviews, disciplines and early intervention summaries, annual performance evaluations, merit, overall performance, demonstrated ability and accomplishments, efforts supporting department goals and objectives, in-service education and specialized schools, specialized job assignments, responsibilities, subsequent performance, attitude and demeanor, education, military experience, leadership ability, initiative, productivity, attitude toward peers, supervising officers' recommendations, motivation and morale, previous job performance, loyalty to the department and community, experience and career development training. The Interview Panel shall utilize the same criteria for each of the candidates who are interviewed for the open position(s).

[3] Candidates will be interviewed by the appropriate authority, or its designee, after the completion of the oral examination by the Interview Panel and after the appropriate authority's receipt of the results of the Interview Panel's oral examination. The Chief of Police shall be available to the appropriate authority during such process, and may sit in on such process, for advice and counsel. However, the scoring of this portion shall be computed by the appropriate authority only. This evaluation shall have 100 points as its maximum score and shall account for 25% of the candidate's total promotional score, with 25 total points being the highest possible score. By way of example, a candidate receiving a score of 80 points shall receive 20 total points (80 x 25% = 20 total points).

[4] Due consideration shall be given to the eligible candidate for promotion based upon length of service and merit of service, and preference shall be given according to seniority pursuant to N.J.S.A. 40A:14-129.

C. Promotion to rank of Lieutenant and Captain.

(1) Eligibility. No person shall be eligible for promotion to the rank of Lieutenant or Captain unless the candidate has served as a Sergeant for the Ho-Ho-Kus Police Department for three years.

(2) The selection process will consist of the following:

(a) Oral examination administered by an Interview Panel (the "Interview Panel") comprised of one or more of the following persons, or their designees: the Chief of Police, the Borough Administrator, one member of the Public Safety Committee and one command staff member designated by the Chief of Police.

[Amended 7-20-2021 by Ord. No. 2021-56]

[1] The oral examination and assessment by the Interview Panel (which examination and assessment shall have 100 points as its maximum score) shall account for 60% of the candidate's total promotional score, with 60 total points being the highest possible total score for the Interview Panel's oral examination and assessment. By way of example, a candidate receiving a score of 80 points on his/her oral review and assessment by the Interview Panel shall receive 48 total points for the Interview Panel oral review and assessment element of the promotional process (80 x 60% = 48 total points).

[2] The oral examination and assessment by the Interview Panel shall include an evaluation of the following criteria: commendations, employee reviews, disciplines and early intervention summaries, annual performance evaluations, merit, overall performance, demonstrated ability and accomplishments, efforts supporting department goals and objectives, in-service education and specialized schools, specialized job assignments, responsibilities, subsequent performance, attitude and demeanor, education, military experience, leadership ability, initiative, productivity, attitude toward peers, supervising officers' recommendations, motivation and morale, previous job performance, loyalty to the department and community, experience and career development training. The Interview Panel shall utilize the same criteria for each of the candidates who are interviewed for the open position(s).

[3] Candidates will be interviewed by the appropriate authority, or its designee, after the completion of the oral examination by the Interview Panel and after the appropriate authority's receipt of the results of the Interview Panel's oral examination. The Chief of Police shall be available to the Mayor and Council during such process, and may sit in on such process, for advice and counsel. However, the scoring of this portion shall be computed by the appropriate authority only. This evaluation shall have 100 points as its maximum score and shall account for 40% of the candidate's total promotional score, with 40 total points being the highest possible score. By way of example, a candidate receiving a score of 80 points shall receive 32 total points (80 x 40% = 32 total points).

[4] Due consideration shall be given to the eligible candidate for promotion based upon length of service and merit of service, and preference shall be given according to seniority pursuant to N.J.S.A. 40A:14-129.

D. Procedure for conduct of promotional process.

(1) The Chief of Police shall obtain permission from the governing body to hold a promotional examination process. After having received such approval, the Chief of Police, or such other person as designated by the governing body, shall provide a written announcement of the promotional process to all eligible personnel.

(2) The announcement shall include the eligibility requirements 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, and the date by which they must submit a written request to participate in the promotional process.

(3) Candidates for promotion, in order to participate in the promotional process, shall be required to submit a written request to participate in such process and a current resume to the Chief of Police, or his designee, prior to the closing date set forth in the announcement.

(4) No person shall be eligible to participate in the promotional process unless (s)he has submitted a written request to participate in such process and current resume prior to the deadline set forth by the Chief of Police.

E. Eligibility list.

(1) After the expiration of the time for filing an appeal as set forth below, and after the disposition of any such appeal, the Chief of Police shall submit an eligibility list to the appropriate authority following the promotional process for final determination.

(2) The appropriate authority will authorize the Chief of Police to maintain this eligibility list for a period of two years (24 months), in the event that vacancies fall within that time. The period will start upon the passing of the resolution promoting the officer(s) to the new rank.

F. Approval of appropriate authority. The appropriate authority shall have the final decision on all promotions after consultation with the Chief of Police.

G. Appeal of process.

(1) Within 10 days of the notification to each candidate of his/her ranking, a candidate may file a written appeal directed to the Chief of Police. 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 Chief of Police 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. If the Chief determines the appeal should move forward, any appeals of the oral examinations or other section of this procedure shall be decided by the governing body, within 10 days from the filing of the appeal. The governing body shall make a written decision on the appeal, together with a brief statement of the reasons therefor. All decisions by the governing body on appeal shall be final.