Borough of Madison, NJ General Provisions

§ 34-1 Department established; composition.

[Amended 9-10-2007 by Ord. No. 60-2007; 7-13-2009 by Ord. No. 27-2009; 8-12-2013 by Ord. No. 32-2013; 9-8-2014 by Ord. No. 44-2014]

The Police Department of the Borough of Madison is hereby established and shall consist of the following ranks and shall not exceed the number of officers specifically established herein at each rank enumerated below:

Chief of Police.

One Captain.

Two Lieutenants

Five Sergeants.

Twenty-seven police officers.

Two Class II special police officers.

§ 34-2 Appointment.

The officers and members of the Police Department shall be appointed by the Borough Council to hold office as provided by law and shall receive such salary as the Borough Council may determine.

In addition, the Borough Council may employ clerical personnel and other employees to assist the Police Department and its officers in preserving peace and good order in the Borough of Madison.

In addition to the police officers provided for in § 34-1, the Borough Council by resolution may appoint, on a temporary basis, one or more probationary patrolmen to fill any temporary vacancy in the Borough of Madison Police Department, which vacancy is caused by the terminal leave of any police officer or officers for unused vacation time and/or any other reason authorized by Subsection C or D of § 30-18 of the Code of the Borough of Madison.

(1)

Promotion testing review procedure. Within 10 days of the posting of the ranking of candidates, a candidate may file a written letter requesting a review of the ranking. Said letter must contain the reason(s) or justification(s) for the review and must be submitted to the appropriate authority. The appropriate authority will assess the request and determine the merit of the review.

[Added 5-23-2016 by Ord. No. 42-2016]

(a)

If merit exists, the candidate score shall be retabulated.

(b)

If the retabulated score affects the candidate ranking, a revised ranking shall be published.

(c)

If merit does not exist, the candidate shall be informed in writing.

(2)

The Mayor and Council reserve the right to waive the written examination and/or oral examination by the outside entity for the ranks of Captain and Lieutenant when the eligible candidates has previously participated in and passed written examination and oral examination for a supervisory position with the Borough of Madison Police Department.

[Added 5-10-2021 by Ord. No. 18-2021]

Promotion to rank of Police Chief.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

The Borough of Madison governing body desires to promote the most qualified candidate to the position of Police Chief. This Subsection D establishes the eligibility requirements and the process for promotion to Police Chief. The promotion process shall be on the basis of merit, experience, education, demonstrated ability, psychological examination, competitive examinations and an interview. In accordance with N.J.S.A. 40A:14-129, the promotion of any officer shall be made from the membership of the Madison Police Department. No person shall be eligible for promotion to Police Chief unless he or she shall have served as a full-time police officer in the Borough of Madison Police Department for a period of 10 years or more. Promotions to the rank of Police Chief shall be open to members of the next lowest rank who have served at least two years in said rank, unless the Mayor and Council, in the best interest of the Department, choose to test a wider pool of candidates, in which case they may open testing to the next lower rank and/or reduce the length of time requirement in rank.

(2)

The Borough Administrator shall announce the promotional process to members of the Department at least 30 days before any written examination is to be given. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exams, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Borough Administrator of his or her interest in taking the examination by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the process.

(3)

Promotional testing procedure. The promotional testing procedure for the Borough of Madison Police Department may consist of the following: a written examination, an oral examination, a psychological examination, a record review and an interview with the Mayor and Council. The Mayor and Council reserve the right to waive the written examination and/or oral examination by the outside entity and shall so notify any applicant when the initial announcement for the promotional process is posted.

(a)

Written examinations.* The written examination shall be supplied by a professional testing company, professional law enforcement organization (e.g., State Chiefs of Police Association, International Chiefs of Police Association, etc.). To proceed to the oral examination of the examination procedure, a candidate must achieve a minimum score of 70% on the written examination.

(b)

Oral examinations.* Candidates will be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Borough Administrator or his designee. The oral examination shall take place after the receipt of the written examination results. A standardized interview will be conducted by an outside agency (e.g., Chiefs of Police Association, International Chiefs of Police Association, etc.) by a board of three examiners, at least one of which shall be a personnel evaluator from the outside testing agency. None of the evaluators shall be an officer, employee, resident or relative thereof, of the Borough of Madison or of any of the candidates. To proceed to the record review and interview portion of the promotional process, a candidate must achieve a minimum score of 70%.

* NOTE: The testing organization shall assign each candidate an identification number, which shall be the only identification used when the written and oral examinations are graded. The identification numbers of all candidates for promotion shall be posted on a pass/fail basis only. A complete master list of the actual results of the written and oral examinations shall be placed under seal and retained in the office of the Borough Administrator and shall not be revealed to the Mayor and Council until after the interview and record review of the applicants are complete.

(c)

Satisfactory psychological examination and certification by a Borough-selected physician stating that the candidate is able to perform the essential functions of the Police Chief title. Candidates shall not move forward in the promotional process without the completion of a satisfactory psychological examination.

(d)

Record review and interview by the Mayor and Council. Candidates that successfully achieve a minimum score of 70% on the written examination and a minimum score of 70% on the oral examination and received a satisfactory psychological examination shall proceed to the next step in the promotional process, the review of service record and interview. The interview shall be conducted by the Mayor and Council. The record review shall be conducted by the Borough Administrator and the Assistant Borough Administrator.

[1]

The interview with the Mayor and Council shall focus on, but not be limited to, leadership and management skills, knowledge of the Borough of Madison's form of government, knowledge of the Police Department Ordinance, familiarity with the municipal budget process, the Police Department budget in particular, staff/resource allocations, Attorney General guidelines and knowledge of N.J.S.A. 40A:14-118. The Mayor and Council shall grade each candidate on a thirty-five-point scale and shall ask each candidate the identical questions, and the Borough Clerk will keep written records of each candidate's responses to same.

[2]

The Borough Administrator and Assistant Borough Administrator shall examine the personnel jacket of each candidate and give specific weight to each category and grade each candidate on a twenty-point scale. The weight of each category of the record review shall be the maximum of the following points in each of the enumerated categories as follows:

Specialized training (e.g., FBI Academy) 0 to 3 points

Each completed course +1 point to a total of 3 points

Performance evaluations		0 to 8 points
All previous performance evaluations shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
	2 points if a majority of the evaluations meet expectations
	4 points if all evaluations meet expectations
	6 points if a majority of the evaluations meet expectations and some exceed expectations
	8 points if a majority of evaluations exceed expectations

Commendations	0 to 3 points
+1 point for each commendation up to maximum of 3 points

Education
Candidate only gets the point(s) associated with the highest educational degree attained and not the point(s) for each separate education degree.
	Associate's degree	1 point
	Bachelor's degree	2 points
	Master's degree	3 points
	Doctorate degree	4 points

Military experience
Active duty or reserve duty: candidate only gets the highest of the following point(s).
	Any enlisted rank	1 point
	Any officer rank	2 points

Disciplinary actions
Each major sustained discipline (more than 5 days): 2 points.
Each minor sustained discipline (5-day suspension or less, including written reprimands): 1 point.
All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
Any points assessed under the Disciplinary Actions section shall be deducted from the candidate's score. [Added 12-11-2017 by Ord. No. 50-2017]

(e)

The weight or percentage of each portion of the process shall be as follows:

Written examination	25%
Oral examination	20%
Record review	20%
Mayor and Council interview	35%

(4)

The candidate with the highest overall score shall be voted on by the Mayor and Council as the Police Chief.

(5)

Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6. Seniority shall prevail over residency in the case of candidates that are ranked equally.

Promotion to rank of Captain.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

The Borough of Madison governing body desires to promote the most qualified candidate to the position of Captain. This Subsection E establishes the eligibility requirements and the process for promotion to Captain. The promotion process shall be on the basis of merit, experience, education, demonstrated ability, psychological examination, competitive examinations and an interview. In accordance with N.J.S.A. 40A:14-129, the promotion of any officer shall be made from the membership of the Madison Police Department. No person shall be eligible for promotion to Captain unless he or she shall have served as a full-time police officer in the Borough of Madison Police Department for a period of 10 years or more. Promotions to the rank of Captain shall be open to members of the next lowest rank who have served at least two years in said rank, unless the Mayor and Council, in the best interest of the Department, choose to test a wider pool of candidates, in which case they may open testing to the next lower rank and/or reduce the length of time requirement in rank.

(2)

The Police Chief shall announce the promotional process to members of the Department at least 30 days before the written examination is to be given. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exams, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Police Chief of his or her interest in taking the examination by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the process.

(3)

Promotion testing procedure. The promotion testing procedure for the Borough of Madison Police Department shall consist of the following: a written examination, an oral examination, a psychological examination, a record review and interview with the Mayor and Council and the Police Chief.

(a)

(b)

Oral examinations.* Candidates will be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Police Chief or his designee. The oral examination shall take place after the receipt of the written examination results. A standardized interview will be conducted by an outside agency (e.g., Chiefs of Police Association, International Chiefs of Police Association, etc.) by a board of three examiners, at least one of which shall be a personnel evaluator from the outside testing agency. None of the evaluators shall be an officer, employee, resident or relative thereof, of the Borough of Madison or any of the candidates. To proceed to the record review and interview portion of the promotional process, a candidate must achieve a minimum score of 70%.

*NOTE: The testing organization shall assign each candidate an identification number, which shall be the only identification used when the written and oral examinations are graded. The identification numbers of all candidates for promotion shall be posted on a pass/fail basis only. A complete master list of the actual results of the written and oral examinations shall be placed under seal and retained in the office of the Police Chief and shall not be revealed to the Mayor and Council until after the interview and record review of the applicants are complete.

(c)

Satisfactory psychological examination and certification by a Borough-selected physician stating that the candidate is able to perform the essential functions of the Captain title. Candidates shall not move forward in the promotional process without the completion of a satisfactory psychological examination.

(d)

Record review and interview by the Mayor and Council and Police Chief. Candidates that successfully achieve a minimum score of 70% on the written examination and a minimum score of 70% on the oral examination and received a satisfactory psychological examination shall proceed to the next step in the promotional process, the review of service record and interview. The interview shall be conducted by the Mayor and Council and the Police Chief. The record review shall be conducted by the Borough Administrator, Assistant Borough Administrator and the Police Chief.

[1]

The interview with the Mayor and Council and Police Chief shall focus on, but not be limited to, leadership and management skills, knowledge of the Borough of Madison's form of government, knowledge of the Police Department Ordinance, familiarity with the municipal budget process, the Police Department budget in particular, staff/resource allocations, Attorney General guidelines and knowledge of N.J.S.A. 40A:14-118. The Mayor and Council and Police Chief shall grade each candidate on a thirty-five-point scale and shall ask each candidate the identical questions, and the Borough Clerk will keep written records of each candidate's responses to same.

[2]

The Borough Administrator, Assistant Borough Administrator and Police Chief shall examine the personnel jacket of each candidate and give specific weight to each category and grade each candidate on a twenty-point scale. The weight of each category of the record review shall be the maximum of the following points in each of the enumerated categories as follows:

Specialized training (e.g., FBI Academy) 0 to 3 points
Each completed course +1 point to a total of 3 points

Performance evaluations		0 to 8 points
All previous performance evaluations shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
	2 points if a majority of the evaluations meet expectations
	4 points if all evaluations meet expectations
	6 points if a majority of the evaluations meet expectations and some exceed expectations
	8 points if a majority of evaluations exceed expectations

Commendations	0 to 3 points
+1 point for each commendation up to maximum of 3 points.

Education
Candidate only gets the point(s) associated with the highest educational degree attained and not the point(s) for each separate education degree.
	Associate's degree	1 point
	Bachelor's degree	2 points
	Master's degree	3 points
	Doctorate degree	4 points

Military experience
Active duty or reserve duty: Candidate only gets the highest of the following point(s).
	Any enlisted rank	1 point
	Any officer rank	2 points

Disciplinary actions
Each major sustained discipline (more than 5 days): 2 points.
Each minor sustained discipline (5-day suspension or less, including written reprimands): 1 point.
All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
Any points assessed under the Disciplinary Actions section shall be deducted from the candidate's score. [Added 12-11-2017 by Ord. No. 50-2017]

(e)

The weight or percentage of each portion of the process shall be as follows:

Written examination	25%
Oral examination	20%
Record review	20%
Mayor, Council and Chief interview	35%

(4)

The candidate with the highest overall score shall be voted on by the Mayor and Council as the Captain.

(5)

Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a non-resident pursuant to N.J.S.A. 40A:14-122.6. Seniority shall prevail over residency in the case of candidates that are ranked equally.

Promotion to rank of Lieutenant.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

The Borough of Madison governing body desires to promote the most qualified candidate to the position of Lieutenant. This Subsection F establishes the eligibility requirements and the process for promotion to Lieutenant. The promotion process shall be on the basis of merit, experience, education, demonstrated ability, psychological examination, competitive examinations and an interview. In accordance with N.J.S.A. 40A:14-129, the promotion of any officer shall be made from the membership of the Madison Police Department. No person shall be eligible for promotion to Lieutenant unless he or she shall have served as a full-time police officer in the Borough of Madison Police Department for a period of 10 years or more. Promotions to the rank of Lieutenant shall be open to members of the next lowest rank who have served at least two years in said rank, unless the Mayor and Council, in the best interest of the Department, choose to test a wider pool of candidates, in which case they may open testing to the next lower rank and/or reduce the length of time requirement in rank.

(2)

(3)

(a)

Written examinations.*

[1]

The written examination shall be supplied by a professional testing company, professional law enforcement organization (e.g., State Chiefs of Police Association, International Chiefs of Police Association, etc.) To proceed to the oral examination of the examination procedure, a candidate must achieve a minimum score of 70% on the written examination.

[2]

The Borough Administrator, at the direction of the governing body, is authorized to waive the written portion of the Lieutenant promotional examination with the expressed written consent of all candidates eligible for promotion to the rank of Lieutenant.

[Added 11-23-2015 by Ord. No. 52-2015]

(b)

Oral examinations.* Candidates will be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Police Chief or his designee. The oral examination shall take place after the receipt of the written examination results. A standardized interview will be conducted by an outside agency (e.g., Chiefs of Police Association, International Chiefs of Police Association, etc.) by a board of three examiners, at least one of which shall be a personnel evaluator from the outside testing agency. None of the evaluators shall be an officer, employee, resident or relative thereof, of the Borough of Madison or of any of the candidates. To proceed to the record review and interview portion of the promotional process, a candidate must achieve a minimum score of 70%.

*NOTE: The testing organization shall assign each candidate an identification number, which shall be the only identification used when the written and oral examination is graded. The identification numbers of all candidates for promotion shall be posted on a pass/fail basis only. A complete master list of the actual results of the written and oral examination shall be placed under seal and retained in the office of the Police Chief and shall not be revealed to the Mayor and Council until after the interview and record review of the applicants are complete.

(c)

Satisfactory psychological examination and certification by a Borough-selected physician stating that the candidate is able to perform the essential functions of the Lieutenant title. Candidates shall not move forward in the promotional process without the completion of a satisfactory psychological examination.

(d)

[1]

[2]

Specialized training (e.g., FBI Academy) 0 to 3 points
Each completed course +1 point to a total of 3 points

Performance evaluations		0 to 8 points
All previous performance evaluations shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
	2 points if a majority of the evaluations meet expectations
	4 points if all evaluations meet expectations
	6 points if a majority of the evaluations meet expectations and some exceed expectations
	8 points if a majority of evaluations exceed expectations

Commendations	0 to 3 points
+1 point for each commendation up to maximum of 3 points

Education
Candidate only gets the point(s) associated with the highest educational degree attained and not the point(s) for each separate education degree.
	Associate's degree	1 point
	Bachelor's degree	2 points
	Master's degree	3 points
	Doctorate degree	4 points

Military experience
Active duty or reserve duty: Candidate only gets the highest of the following point(s):
	Any enlisted rank	1 point
	Any officer rank	2 points

Disciplinary actions
Each major sustained discipline (more than 5 days): 2 points.
Each minor sustained discipline (5-day suspension or less, including written reprimands): 1 point.
All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
Any points assessed under the Disciplinary Actions section shall be deducted from the candidate's score. [Added 12-11-2017 by Ord. No. 50-2017]

(e)

The weight or percentage of each portion of the process shall be as follows:

Written examination	25%
Oral examination	20%
Record review	20%
Mayor, Council and Chief interview	35%

(4)

The candidate with the highest overall score shall be voted on by the Mayor and Council as the Lieutenant.

(5)

Promotion to rank of Sergeant.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

The Borough of Madison governing body desires to promote the most qualified candidate to the position of Sergeant. This Subsection G establishes the eligibility requirements and the process for promotion to Sergeant. The promotion process shall be on the basis of merit, experience, education, demonstrated ability, psychological examination, competitive examinations and an interview. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Madison Police Department. No person shall be eligible for promotion to Sergeant unless he or she shall have served as a full-time police officer in the Borough of Madison Police Department for a period of five years or more.

(2)

(3)

(a)

Written examinations.* The written examination shall be supplied by a professional testing company, professional law enforcement organization (e.g., State Chiefs of Police Association, International Chiefs of Police Association, etc.) To proceed to the oral examination of the examination procedure, a candidate must achieve a minimum score of 70% on the written examination.

(b)

Oral examinations.* Candidates will be notified, in writing, of their successful or unsuccessful completion of the written portion of the exam by the Borough Administrator or his designee. The oral examination shall take place after the receipt of the written examination results. A standardized interview will be conducted by an outside agency (e.g. Chiefs of Police Association, International Chiefs of Police Association, etc.) by a board of three examiners, at least one of which shall be a personnel evaluator from the outside testing agency. None of the evaluators shall be an officer, employee, resident or relative thereof, of the Borough of Madison or of any of the candidates. To proceed to the record review and interview portion of the promotional process, a candidate must achieve a minimum score of 70%.

*NOTE: The testing organization shall assign each candidate an identification number, which shall be the only identification used when the written and oral examination is graded. The identification numbers of all candidates for promotion shall be posted on a pass/fail basis only. A complete master list of the actual results of the written and oral examination shall be placed under seal and retained in the office of the Borough Administrator and shall not be revealed to the Mayor and Council until after the interview and record review of the applicants are complete.

(c)

Satisfactory psychological examination and certification by a Borough-selected physician stating that the candidate is able to perform the essential functions of the Sergeant title. Candidates shall not move forward in the promotional process without the completion of a satisfactory psychological examination.

(d)

Record review and interview by the Mayor and Council and the Police Chief. Candidates that successfully achieve a minimum score of 70% on the written examination and a minimum score of 70% on the oral examination and received a satisfactory psychological examination shall proceed to the next step in the promotional process, the review of service record and interview. The interview shall be conducted by the Mayor and Council and Police Chief. The record review shall be conducted by the Borough Administrator, the Assistant Borough Administrator and the Police Chief.

[1]

The interview with the Mayor and Council and the Police Chief shall focus on, but not be limited to, leadership and management skills, knowledge of the Borough of Madison's form of government, knowledge of the Police Department Ordinance, familiarity with the municipal budget process, the Police Department budget in particular, staff/resource allocations, Attorney General guidelines and knowledge of N.J.S.A. 40A:14-118. The Mayor and Council and Police Chief shall grade each candidate on a thirty-five-point scale and shall ask each candidate the identical questions, and the Borough Clerk will keep written records of each candidate's responses to same.

[2]

Specialized training (e.g., FBI Academy) 0 to 3 points
Each completed course +1 point to a total of 3 points

Performance evaluations		0 to 8 points
All previous performance evaluations shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
	2 points if a majority of the evaluations meet expectations
	4 points if all evaluations meet expectations
	6 points if a majority of the evaluations meet expectations and some exceed expectations
	8 points if a majority of evaluations exceed expectations

Commendations	0 to 3 points
+1 point for each commendation up to maximum of 3 points

Education
Candidate only gets the point(s) associated with the highest educational degree attained and not the point(s) for each separate education degree.
	Associate's degree	1 point
	Bachelor's degree	2 points
	Master's degree	3 points
	Doctorate degree	4 points

Military experience
Active duty or reserve duty: Candidate only gets the highest of the following point(s):
	Any enlisted rank	1 point
	Any officer rank	2 points

Disciplinary actions
Each major sustained discipline (more than 5 days): 2 points.
Each minor sustained discipline (5-day suspension or less, including written reprimands): 1 point.
All previous sustained disciplinary actions shall be considered and reviewed to achieve the broadest scope of review for the given candidate by his/her supervisors.
Any points assessed under the Disciplinary Actions section shall be deducted from the candidate's score. [Added 12-11-2017 by Ord. No. 50-2017]

(e)

The weight or percentage of each portion of the process shall be as follows:

Written examination	25%
Oral examination	20%
Record review	20%
Mayor, Council and Chief interview	35%

(4)

The candidate with the highest overall score shall be voted on by the Mayor and Council as the Sergeant.

(5)

Acting designation; no office or position created.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

The Mayor and Council of the Borough of Madison have the discretion and authority to assign the functions and duties of superior officer ranks, once the Mayor and Council of the Borough of Madison have certified by resolution that the position of any superior officer rank(s) is vacant and until a superior officer rank(s) is promoted. The Mayor and Council may designate an officer who is qualified to perform the functions and duties of any superior officer rank in an acting capacity.

(2)

It is explicitly understood that no office or position of any kind is created by the assignment of functions and duties of a higher rank to an officer of a lower rank on an acting basis. Such designation shall also not be considered an appointment to a position, nor constitute a promotion. Such designation shall not entitle the officer to any additional compensation or other emoluments of office unless specifically provided for in a collective bargaining agreement or the Borough of Madison Personnel Policies and Procedures Handbook. The officer fulfilling such assignment is not and is not intended to constitute the holding of a de facto office or position within the meaning of N.J.S.A. 40A:9-6 or any other law. The officer designated in an acting capacity shall continue to fulfill the assignment at the pleasure of the Mayor and Council.

Procedure for hiring new police officers.

[Added 11-26-2012 by Ord. No. 37-2012]

(1)

First phase.

(a)

When a vacancy exists, the Chief of Police shall forward a request to the Madison Borough Council to hire a police officer. The Chief, after receiving approval to initiate the hiring process of a new officer, shall proceed as follows:

[1]

Accept applications from trained officers with New Jersey Police Training Commission certificates.

[Amended 6-24-2013 by Ord. No. 27-2013]

[a]

Sworn officers from other agencies.

[b]

Alternate route officer from police academies.

[2]

Accept applications from existing Borough of Madison Police Department personnel (e.g., dispatchers, special law enforcement officers), or any other interested applicant..

[Added 11-23-2015 by Ord. No. 52-2015[1]; amended 9-27-2023 by Ord. No. 47-2023]

[1]

Editor’s Note: This ordinance also redesignated former Subsection I(1)(a)[2] as Subsection I(1)(a)[3].

[3]

Work with the Borough Personnel Officer to advertise in the official newspapers and other appropriate media outlets.

[a]

The advertisement shall be for a two-week period.

[b]

The advertisement will indicate the filing deadline.

(b)

All applications shall be given out and collected at police headquarters and a copy shall also be provided to the Business Administrator.

(c)

When a candidate is given an application, the time, date and location of the written test will be attached.

(d)

When the desk officer provides a candidate with an application, he/she shall complete the information on the applicant list form.

(e)

When the application is returned, the desk officer on duty shall:

[1]

Place a check in front of the applicant's name on the applicant list.

[2]

Collect the application and attach a ten-dollar money order or a certified check that is made payable to the New Jersey State Association of Chiefs of Police.

[3]

Give the applicant a numbered test booklet after recording the booklet number next to the applicant's name.

[4]

The desk officer shall place the application, with the money order or certified check attached, in the Chief's office box.

(f)

When the applications are received by the Chief's secretary, he/she shall check to ensure that the appropriate fee has been rendered and attached to the application form.

[1]

He/she shall stamp the date that the application was received.

[2]

All original applications are to be forwarded to the Chief's office.

[3]

The Chief's secretary shall forward the checks or money orders to the appropriate Chief's Association.

(g)

The Chief, or his designee, shall arrange for the testing locations for the written, physical and oral testing phases.

[1]

The Chief, or his designee, will be responsible for making all the proper notifications to the applicants.

[2]

Applications will not be rejected because of omissions or deficiencies that can be corrected prior to the testing or interview process.

(h)

Eligibility.

[1]

Must be a citizen of the United States.

[2]

Must possess a high school diploma, or equivalency.

[3]

Must be of good moral character.

[4]

Must be at least 18 years old.

[5]

Must not have been convicted of a crime.

[6]

Must possess a valid New Jersey driver's license.

(2)

Second phase: written examination.

(a)

Applicants shall submit to a written examination.

[1]

In order for an applicant to move on to Phase III, the applicant must attain a minimum score of 70% on the written examination.

(b)

The written examination shall be administered by the New Jersey State Association of Chiefs of Police.

(c)

The applicant must be present at the testing location on the date and time specified. If the applicant does not report to the testing location as specified, he shall be ineligible for further consideration for the current vacancy.

[1]

The applicant may apply his/her written test score and be eligible when another vacancy exists within the appropriate time frame.

(d)

Written test scores shall be submitted to the Chief of Police for review.

(e)

All applicants that do not qualify to participate in the next phase shall be notified in writing along with their written test score.

(f)

If an applicant has taken the New Jersey Chief of Police examination for another agency, he/she may apply his/her test score and be exempt from taking the test again. His test score must be current.

[1]

For the purpose of this section, "current" shall mean that the applicant would have had to have taken the written examination within one year, prior to the posted test date for the position of Patrolman with Madison Borough.

(g)

Applicants will be subject to the Departmental interview process and the Chief of Police may determine if a written exam is required.

[Amended 9-27-2023 by Ord. No. 47-2023]

(3)

Department oral interview phase.

(a)

The department interview shall be conducted by the Chief of Police and/or an officer designated by the Chief of Police and the Business Administrator and/or his designee.

(b)

The Chief of Police shall appoint a department Oral Board Committee. The Oral Board Committee shall evaluate and rank the candidates. The Committee shall consist of no more than seven individuals, including personnel representing different ranks within the organization as well as the Administrator and Assistant Administrator or their designees.

[Amended 6-24-2013 by Ord. No. 27-2013]

(c)

The candidates will then be ranked and selected for the background investigation phase.

(4)

Background investigation.

(a)

When the candidate has successfully passed Phases I, II, and III of this Subsection I, a background investigation is to be initiated.

(b)

The Background Policy and Procedure, contained in the Department Rules and Regulations, is to be followed.

(c)

The completed background investigation shall be evaluated by the Chief of Police and the Detective Bureau.

(5)

Psychological evaluation.

(a)

The applicant shall be required to undergo a psychological examination paid for by the Borough and shall be notified of the evaluation at least three days in advance.

[1]

The applicant will be notified of the following:

[a]

Time.

[b]

Location.

[c]

Name of consultation team.

[d]

Date.

(b)

The psychological evaluation is designed to provide the Department with dimensional information about a candidate that will assist in the selection process.

(c)

The Chief of Police shall interpret the psychological evaluation report.

(d)

If a candidate does not successfully pass the psychological examination, he/she is disqualified from the selection process.

(e)

All medical records are to be treated as confidential with access limited in accordance with the ADA requirements; the medical records should be kept in a separate file.

(6)

Medical examination.

(a)

The Madison Borough Police Department shall pay for the applicant to be examined.

[1]

The Chief of Police shall designate the physician and arrange for the appointment.

(b)

The physician shall be provided with the Department medical examination form and instructed to complete the appropriate sections.

(c)

Blood and urine analysis is to be conducted for every applicant examined.

[1]

A screen for drugs in the applicant's system is to be conducted.

(d)

The completed medical form is to be picked up from the physician by the officer assigned and reviewed by the Chief of Police.

(e)

If a candidate's medical examination reflects that the applicant has traces of a controlled dangerous substance in their system, he/she is to be disqualified from the selection process.

(f)

Any other medical problem, other than traces of controlled dangerous substances in the applicant's system, are to be thoroughly reviewed by the physician and a determination made as to the applicant's fitness for police work.

(g)

All medical records are to be treated as confidential with access limited in accordance with the ADA requirements; the medical records should be kept in a separate file.

(7)

Successful candidate(s). The successful candidate or candidates, if more than one position, will be presented to the Mayor and Council for final approval and appointment. The initial year of employment is a one-year probationary period during which time the candidate may be removed for any cause and without notice. Termination during the probationary period is not grievable and/or not appealable.

(8)

Exemptions.

(a)

A candidate for employment may be exempted from the selection process as set forth in Subsection I(1) through (2), hereinabove, if such a candidate has previously been certified by the New Jersey Police Training Commission as a law enforcement officer; and if that candidate is currently employed as a law enforcement officer with a bona fide law enforcement agency. Any such candidate will still be subject to the eligibility requirements set forth in Subsection I(3) through (6) hereinabove.

(b)

A candidate for employment may only be granted exemption status by action of the governing body upon the advice and recommendation of the Chief of Police. The Chief of Police shall recruit and interview qualified candidates and may reject any or all candidates prior to submission to the governing body.

(c)

Such candidate shall still be subject to the requirements of Article III, Department Oral Interview Phase, Article IV, Background Investigation, Article V, Psychological Evaluation, and Article VI, Medical Examination, as set forth herein above.

(d)

Once the background investigation, the interview, the psychological testing and medical examination have been completed, the Chief shall present the candidate to the governing body for its consideration. The governing body may, in its discretion either accept or reject any candidate recommended by the Chief of Police.

(9)

Summary.

(a)

All applicants shall be notified of the test date, time and place at least five days prior to the test.

(b)

All applicants that are rejected at any phase of this testing process shall be notified in writing by the Chief of Police within 15 days after the testing date.

(c)

All testing results will remain confidential and will not be released to any person or agency unless specifically authorized by the individual applicant.

§ 34-3 Designation of appropriate authority.

The Borough Administrator shall serve as the appropriate authority, as the same is defined in N.J.S.A. 40A:14-118, to whom the Police Chief shall be directly responsible for the efficiency and routine day-to-day operations of the Police Department.

§ 34-4 Rules and regulations.

The Borough Council shall establish by resolution and may from time to time amend and repeal by resolution such rules and regulations, with the advice of the Chief of Police and as concurred in by the Borough Administrator, as it may deem necessary for the government and efficient working of the entire Department.

§ 34-5 Qualifications.

Each applicant for membership in the Police Department shall be a United States citizen and shall comply with all of the laws of the State of New Jersey pertaining thereto. On or after January 01, 2003, each applicant must also have at least an associate's degree or 60 college credits or military service or previous police service, or be presently enrolled in a New Jersey Certified Police Academy.

Each applicant shall be sound in body and of good health sufficient to satisfy the Board of Trustees of the police retirement system of New Jersey that he/she is eligible for membership in the retirement system.

Each applicant shall be able to read, write and speak the English language well and intelligently.

Each applicant shall be of good moral character. No person shall be appointed who has been convicted of an indictable offense or who has been convicted of any crime or offense involving moral turpitude.

Each applicant shall be 21 years of age or over and under the age of 35 years, except as provided in § 34-14B herein.

No person shall be given nor shall he/she accept a permanent appointment in the Borough as a police officer 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, pursuant to the Police Training Act, N.J.S.A. 52:17B-66 et seq.

A qualified person for the Madison Borough Police Department shall be given a probationary or temporary appointment as a police officer in the Borough for a total period not exceeding one year for the purpose of enabling the person seeking permanent appointment to take a police training course as prescribed in the Police Training Act, N.J.S.A. 52:17B-66 et seq. However, the time period set forth above may exceed one year for those persons enrolled prior to the one-year limit in a police training course scheduled to end subsequent to the one-year limit, and for those persons who, prior to the one-year limit have been scheduled to attend a police training course which commences subsequent to the one-year limit. An extension may be granted, in the discretion of the Chief of Police, up to six months.

Upon successful completion of the police training course as set forth in Subsection F herein, the probationary or temporary appointment of the person shall continue for twelve months. The purpose of the additional twelve-month probationary or temporary appointment is to permit the Borough to determine whether the person satisfactorily performs his/her duties as a Borough police officer. The additional twelve-month probationary or temporary appointment period shall commence on the date of graduation from the police training course set forth above, or date of hire.

§ 34-6 Removal and suspension.

Each regular police officer shall hold his/her office and continue in employment during good behavior and efficiency, and no person shall be removed from office or employment for any other causes than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established or hereafter established for the Department or absence from duty without just cause for five days or more.

Any member of the Department may be suspended, removed, fined or reduced from his/her office or employment for just cause upon due notice and service of written charges and a hearing.

Any officer who is suspended with pay shall not be entitled to work secondary employment during such suspension without written approval of the Chief of Police.

Any member of the Police Department found guilty after such hearing described in Subsection B hereof may appeal such decision as allowed by law.

§ 34-7 Chief of Police.

The Chief of Police shall be the executive head of the Police Department. The Chief of Police shall, in his/her absence, assign the next highest-ranking officer in charge of the Department. The officer in charge, in the event of a planned absence of the Chief of Police, shall be required to perform all of the duties and he/she shall maintain all of the responsibilities of the Chief of Police as delineated by both local ordinance and state statute. In the event of the unplanned incapacitation of the Chief of Police, the officer in charge, as previously designated by the Police Chief, shall perform the above functions until such time as the Chief is capable to assume his/her duties.

The control and discipline of the Police Department and of its members shall be vested in the Chief of Police or his/her designee and he/she shall have the power to enforce all the rules and regulations herein provided and any general and special orders or instructions which he/she may from time to time promulgate, provided that such rules, regulations, general or special orders or instructions do not conflict with the rules and regulations, orders or instructions issued by resolution of the Borough Council. He/She shall enforce these rules and regulations, orders or instructions, whether promulgated by him/her or by the Borough Council, and may punish their violation as he/she deems necessary pursuant to law.

The Chief of Police, with the assistance of the other members of the Department who are detailed for the purpose, shall keep the Council liaison advised of all matters of importance relating to the Department.

The Chief of Police shall recommend to the Council from time to time the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He/She shall have full charge and control of all the apparatus and equipment of the Department and its assignment and will make recommendations that in his/her opinion will increase the efficiency of the Department.

The Chief of Police shall, at his/her discretion, assign members of the Madison Borough Police Department to work assigned to these work functions, and the officers assigned within these functions may be changed from time to time as necessary to efficiently carry out the duties of the Department as mandated by § 34-8.

§ 34-8 Special law enforcement officers (special police officers).

Upon recommendation from the Chief of Police, the Borough Council may appoint special law enforcement officers for terms not exceeding one year and may revoke such appointments without cause or hearing. Special law enforcement officers shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. The powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. Special officers shall not carry revolvers or other weapons at any time except as otherwise directed by the Chief of Police. The resolution approving appointment of special law enforcement officers shall designate the rate of pay, if any.

No person may be appointed as a special law enforcement officer unless the person:

(1)

Is a resident of the State of New Jersey during the term of appointment.

(2)

Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.

(3)

Is sound in body and of good health.

(4)

Is of good moral character.

(5)

Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of his/her office.

(6)

Has successfully undergone the same psychological testing that is required of all full-time police officers of the Borough of Madison.

(7)

Is not at the time of appointment serving as a full-time police officer or as a special law enforcement officer in any other municipality.

Every applicant for the position of special law enforcement officer appointed pursuant to this section shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

Before any special law enforcement officer is appointed, the Chief of Police shall ascertain the eligibility and qualifications of the applicant and report these determinations in writing to the Borough Council.

No person shall be permitted to commence his/her duties as a special law enforcement officer unless he/she has successfully completed a training course approved by the New Jersey Police Training Commission and received an appropriate certificate thereof, unless he/she is otherwise eligible and authorized to serve as a special law enforcement officer pursuant to the provisions of N.J.S.A. 40A:14-146.11.

At the time of appointment, each special law enforcement officer shall be designated as either a Class 1A or Class 1B officer, each of which shall possess the duties, powers and authority as follows:

(1)

Class 1A officers shall be authorized to perform routine traffic detail, spectator control and similar duties.

(2)

Class 1B officers shall be authorized to perform all duties of a Class 1A officer and shall also have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Borough ordinances and violations of Title 39 of the New Jersey Statutes.

(3)

All Class 1 special law enforcement officers shall be strictly prohibited from using firearms and shall not be assigned any duties which may require the carrying or use of a firearm.

(4)

All special law enforcement officers shall be under the supervision and direction of the Chief of Police and shall perform their duties only in the Borough of Madison.

(5)

All special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.

(6)

All special law enforcement officers may be assigned only to assist the Police Department and may not be assigned to replace or substitute for full-time regular police officers or in any way diminish the number of full-time officers.

Every special enforcement officer prior to the commencement of his/her duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the Borough of Madison. The uniform shall also include an insignia issued by the New Jersey Police Training Commission which clearly indicates the officer's status as a special law enforcement officer and the type of certification issued pursuant to N.J.S.A. 40A:14-146.11. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.

The weekly hours assigned to special law enforcement officers shall not exceed the limitations set forth in N.J.S.A. 40A:14-146.16.

§ 34-9 School crossing guards.

The Council may, from time to time, appoint as school guards such persons as it shall deem to be qualified for such position. The powers and duties of school guards shall be limited to the protection of children while on public thoroughfares in the Borough of Madison in connection with the attendance of such children at the several schools in said Borough, and to the direction and regulation of pedestrian and vehicular traffic at the various street intersections and crossings where they may be stationed. While on active duty, school guards shall be under the jurisdiction of and subject to the orders of the officers of the Madison Police Department.

§ 34-10 Community service officers.

The Borough Council, upon recommendation from the Chief of Police, may appoint community service officers to serve under the supervision of the Chief of Police. The duties of such persons shall include, at the discretion of the Chief of Police, parking violations enforcement, police dispatching and school crossing guard responsibilities.

Such persons shall have the powers of a law enforcement officer only to the extent of being empowered to issue summonses and complaints for nonmoving (parking) motor vehicle violations as provided by N.J.S.A. 39:5-3 and the rules governing the courts of the State of New Jersey.

Such persons shall not be regular members of the Police Department nor have any of the powers or authority of regular or special police officers, except as expressly granted herein regarding nonmoving motor vehicle violations.

§ 34-11 Personnel other than regular or probationary members not to acquire tenure.

No person who shall serve as a special policeman or a school guard, or who shall perform any duties of a police nature other than as a probationary patrolman, prior to appointment as a regular member of the Madison Police Department, shall be entitled to credit for any such prior periods of duty or services rendered, either with or without pay on account of any required tenure or promotion record in the Police Department; provided, however, that persons permanently appointed to said Department who shall have served as probationary patrolman shall be entitled to credit for service during their probationary periods.

§ 34-11.1 Police Chaplain.

[Added 10-13-2016 by Ord. No. 60-2016]

Position created. The position of Police Chaplain for the Borough of Madison Police Department is hereby created in accordance with statutory authority. The position(s) will be a volunteer position. The position of Chaplain shall be under the control of the Chief of Police.

Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Borough of Madison Police Department and shall be qualified in accordance with statutory requirements.

Duties of Police Chaplain. The Duties of Police Chaplain shall include, but not be limited to, assisting the Borough of Madison Police Department in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.

Rank and salary. Any person appointed as Chaplain shall serve in that capacity without rank or salary.

Term of office. A person(s) appointed as Chaplain shall serve for a period of one year from the date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police regarding the appointment of the Chaplain. The Mayor shall appoint the Chaplains in accordance with this section with the advice and consent of the Borough Council.

§ 34-12 Oath.

Every person appointed to the Police Department, in whatever capacity, shall, prior to entering upon his/her duties, take and subscribe to an oath or affirmation as may be required and prescribed by the laws of the State of New Jersey.

§ 34-13 Police physician; physical examinations.

Every member of the Madison Police Department shall be required to have at least one physical examination by a medical doctor annually. Such examination shall be conducted at such time as the Chief of Police may designate. Records of said physical examination shall be kept on file by the Chief of Police.

Every member of the Madison Police Department must maintain himself/herself in proper physical condition and good appearance at all times. The Council of the Borough of Madison or the Chief of Police may require any member of the Police Department to be examined by a medical doctor when, in the opinion of said Borough Council or Chief of Police, such member gives evidence that he/she is unable to perform properly the duties of his/her position. Nothing herein contained shall prevent such a member from submitting supplemental evidence of his/her condition, to be supplied by a physician of his/her own selection, in addition to that required by the Council or Chief as mentioned above.

Recommendations of a medical doctor for corrective measures of physical deficiencies interfering with the duties of a member of the Madison Police Department shall be followed by such member, subject to the approval of the member's personal physician.

§ 34-14 Military service.

Leave of absence.

(1)

When any member of the Madison Police Department who has entered or hereafter shall enter the active military service of the United States or of this state, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, or who has entered or hereafter in time of war shall enter the active service of the United States Merchant Marine or any similar organization authorized by the United States to serve with the military forces, he/she shall be granted a leave of absence for the period of such service and for a further period of three months after receiving his/her discharge from such service. If any such person shall be incapacitated by wound or sickness at the time of his/her discharge from such service, his/her leave of absence shall be extended until three months after his/her recovery from such wound or sickness or until the expiration of two years from the date of his/her discharge from such service, whichever shall first occur.

(2)

In no case shall such person be discharged or separated from his/her office, position or employment during such period of leave of absence because of his/her entry into such service. During the period of such leave of absence, such person shall be entitled to all the rights, privileges and benefits that he/she would have had or acquired if he/she had actually served in such office, position or employment during such period of leave of absence, except, unless otherwise provided by law, the right to compensation. Such leave of absence may be granted with or without pay as provided by law. Such person shall be entitled to resume the office, position or employment held by him/her at the time of his/her entrance into such service, provided that he/she shall apply therefor before the expiration of his/her said leave of absence. Upon resumption of his/her office, position or employment, the service in such office, position or employment of the person temporarily filling the same shall immediately cease. If any person shall be appointed a member of the Police Department of the Borough of Madison to fill any vacancy, the Council thereof shall certify how such vacancy occurs or exists, and the name of the person, if any, who held such office or position immediately prior to the vacancy. No person who, after entry into such service, shall have been separated from such service by a discharge of lesser degree that an honorable discharge shall be entitled to any of the rights, privileges or benefits herein conferred.

Temporary replacement.

(1)

When any member of the Police Department of the Borough of Madison is granted a leave of absence, as hereinabove set forth or pursuant to any law granting leave of absence to persons entering the military forces of the United States or of this state, the Council may appoint a person to serve in the place of the person who has been granted such leave of absence and during the continuance thereof. Such appointment shall constitute a temporary appointment only, and such temporarily appointed person shall have no obligation to contribute to any pension fund and shall acquire no pension or tenure rights.

(2)

The Council, in making the temporary appointment, may appoint any person who is not less than 21 nor more than 35 years of age; who is a citizen of the United States; is sound in body and in good health; is able to read, write and speak the English language well and intelligently; and is of good moral character; but no person shall be so appointed who has been convicted of any crime involving moral turpitude which, in the judgment of the Council, would be prejudicial to the morale of the Department.

(3)

Such temporary appointment shall terminate upon the expiration of the leave of absence granted to the appointee's predecessor in office, or upon official notification of the permanent incapacity or death of such predecessor. It may be terminated sooner if such appointment is found to be no longer necessary or in the interest of economy.

Appointments and age requirements. Any person who has been or shall be appointed a member of the Police Department in the Borough of Madison while serving in the military service of the United States in time of war, and who has been or shall be delayed in qualifying and becoming a member of such Police Department as a result of such service, and who has qualified and become a member of such Police Department or who shall qualify and become a member of such Police Department within six months after discharge or release from such service under conditions other than dishonorable, shall be considered, for the purpose of determining his/her years of service, rank and grade, increase in pay or any other rights or benefits, as having qualified and to have become a member of any such Department, as of the date of his/her appointment, notwithstanding the requirements of any other law concerning the appointment of members to such Police Department.

§ 34-15 Uniforms.

All members of the Police Department shall be provided with uniform allowance as per the collective bargaining agreement and all members shall maintain in clean and serviceable condition such wearing apparel and equipment as is prescribed by the Police Chief.

If a police officer voluntarily leaves the employment in the Police Department prior to two full years of service, then such officer shall reimburse the Borough of Madison for all costs incurred by the Borough of Madison for training and uniforms.

§ 34-16 Firearms.

All firearms shall be provided by the Borough, shall remain the property of the Borough and shall be subject to recall by the Chief of Police.

§ 34-17 Decrease in personnel for economy reasons.

When the Council of the Borough of Madison shall, for reasons of economy, find it necessary to decrease the number of members of or employees in the Police Department, or of any grade or rank thereof, in such Borough, it shall proceed in the following manner:

If the Council shall determine to decrease the number in any of the higher ranks or grades of the Police Department, it shall demote such member or employee, or members or employees, of such higher rank or ranks to the next rank below. It shall not remove any such member or employee from such Department for reasons of economy, except as hereinafter provided, and in any such demotion from the higher rank or grade, the member or employee to be demoted shall be the last one so appointed to such higher rank or grade. All dismissals or removals from the Department for reasons of economy shall be made from the last person or persons appointed to the Department, regardless of the rank of such person at the time of decreasing the number of employees.

If any officer, employee or member of said Police Department shall be demoted to a lower rank or grade for reasons of economy, such member or employee shall be carried on a special list, and when promotions are made to such higher rank or grade, the person demoted on the ground of economy shall be the first to be restored to the rank from which he/she was demoted.

§ 34-18 Criminal history background checks.

All criminal history background checks shall be conducted in accordance with all applicable statutes and regulations and any guidelines promulgated by the New Jersey Attorney General, New Jersey State Police or other applicable authority.

Criminal history background checks may be conducted by the Police Department for the following purposes:

(1)

Criminal justice, law enforcement and related purposes.

(2)

In connection with any application to the Borough for a license, permit or approval, where consideration of a prior criminal conviction is authorized by statute, the Borough Code or other laws, regulations or ordinances.

(3)

In connection with an application for employment with the Borough as authorized by § 30-5.1 of the Borough Code or as requested by the Borough Administrator for other public employment related purposes.

(4)

For such other purposes as authorized by law.

In the case of criminal history checks conducted pursuant to Subsection B(2) of this section, each person covered by the application shall submit a completed State Police request form.

The Chief of Police shall be responsible for implementation and administration of the provisions of this section; provided, however, that responsibility may be delegated in whole or in part to one or more subordinate officers.