[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 8-17-2010 by Ord. No. 10-18. Amendments noted where
applicable.]
[Amended 5-19-2015 by Ord. No. 15-10; 5-18-2021 by Ord. No. 21-7; 12-5-2023 by Ord. No. 23-37]
A.
Effective
immediately upon adoption of this ordinance:[1]
There is hereby created in and for the Borough of Westwood a
Police Department, which shall consist of no more than one Chief of
Police, no more than one Captain, no more than three Lieutenants,
no more than six Sergeants, and no more than 20 police officers, to
be appointed to these positions by the Governing Body of the Borough
of Westwood. Officers on terminal leave, other than the Chief of Police,
shall not be counted toward the maximum number of allowable positions
provided for in this Table of Organization. At the sole discretion
of the Governing Body, it may elect to leave any of the aforementioned
positions vacant for reasons of economy or efficiency.
[1]
Editor's Note: Refers to Ord. No. 23-37, which was adopted
12-5-2023.
B.
Effective
as of October 1, 2024:
There is hereby created in and for the Borough of Westwood a
Police Department, which shall consist of no more than one Chief of
Police, no more than one Captain, no more than three Lieutenants,
no more than five Sergeants, and no more than 20 police officers,
to be appointed to these positions by the Governing Body of the Borough
of Westwood. Officers on terminal leave, other than the Chief of Police,
shall not be counted toward the maximum number of allowable positions
provided for in this Table of Organization. At the sole discretion
of the Governing Body, it may elect to leave any of the aforementioned
positions vacant for reasons of economy or efficiency.
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Westwood; direct
and control traffic; provide attendance and protection during emergencies;
make appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers.
The Mayor shall appoint a Chief of Police with the consent and
approval of the Governing Body. The Chief shall be directly responsible
to the appropriate authority for the efficiency and routine day-to-day
operations of the Police Department. The Chief of Police shall, pursuant
to policies established by the Governing Body and consistent with
Borough ordinances:
A.
Administer
and enforce the rules and regulations of the Police Department and
any special emergency directives for the deposition and discipline
of the Department and its officers and personnel.
B.
Have, exercise
and discharge the functions, powers and duties of the Police Department.
C.
Prescribe
the duties and assignments of all subordinates and other personnel.
D.
Delegate
such of his authority as he may deem necessary for the efficient operation
of the Police Department, to be exercised under his direction and
supervision.
E.
Report at
least monthly to the appropriate authority, in such form as shall
be prescribed by the Governing Body, on the operation of the force
during the preceding month and make such other reports as may be requested
by the Governing Body.
In accordance with N.J.S.A. 40A:14-118, the Borough Administrator
is hereby designated as the appropriate authority and is hereby vested
in the powers and duties of an appropriate authority as delegated
by law.
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The selection
criteria for a police officer shall be established by Department policy,
consistent with the New Jersey Statutes.
Discipline of police officers will be imposed consistent with
N.J.S.A. 40A:14-147. The written charges will be signed by the Chief
of Police or designee, as provided in the New Jersey Statutes and
the Police Department's Rules and Regulations. Police officers may
also be subject to discipline by the Borough for violating statutes,
ordinances and policies.
The appropriate authority shall, from time to time as may be
necessary, adopt and amend the rules and regulations for the government
and discipline of the Police Department and employees thereof. Said
rules and regulations may fix and provide for the enforcement of such
rules and regulations and the enforcement of penalties for the violation
of such rules and regulations, and all employees of the Police Department
shall be subject to such rules and regulations and penalties.
A.
Authority
and purpose. The Borough of Westwood hereby establishes special police
officers, pursuant to and in compliance with the Special Law Enforcement
Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
B.
Supplemental
regulations.
(1)
Special
police officers shall not be utilized to supplant regular police officers
on Borough-assigned extra-duty assignments.
(3)
Special
police officers are subject to the Borough of Westwood Police Department's
written directive system, where applicable.
(4)
Class
Three special law enforcement officers (SLEO III) who are retired
regular police officers and who may, from time to time, be appointed
and shall serve at the pleasure of the governing body, which officers
shall not be members of the regular police force but shall nevertheless
be under the control and supervision of the Chief of Police for use
solely as school security officers as detailed in N.J.S.A. 40A:14-146.10
et seq. as necessary.
[Added 5-17-2022 by Ord. No. 22-12]
A.
Purpose.
For the convenience of those persons and entities which utilize the
services of off-duty law enforcement officers of the Westwood Police
Department, and to authorize the outside employment of Borough police
while off-duty, the Borough hereby establishes a policy regarding
the use of said officers.
(1)
Members
of the Police Department shall be permitted to accept police-related
employment for private employers or school districts only during off-duty
hours and at such time as will not interfere with the efficient performance
of regularly scheduled or emergency duty for the Borough.
(2)
Any
person or entity wishing to employ off-duty police shall first obtain
the approval of the Chief of Police, which approval shall be granted
if, in the opinion of the Chief, such employment would not be inconsistent
with the efficient functioning and good reputation of the Police Department
and would not unreasonably endanger or threaten the safety of the
officer or officers who are to perform the work.
B.
Requests
for services. All requests to the Borough for the services of off-duty
law enforcement officers in the Westwood Police Department for a period
of one week or longer shall be forwarded to the Chief of Police for
posting at least 10 days before such services are required. Any law
enforcement officers, when so employed by the Borough, shall be treated
as employees of the Borough; provided, however, that wages earned
for outside employment shall not be applied toward the pension benefits
of law enforcement officers so employed, nor shall hours worked for
outside employment be considered in any way compensable as overtime.
C.
Rates of
compensation; administrative fee; payment for services.
(1)
Rates
of compensation for contracting the services of off-duty enforcement
officers shall be based on a rate of time and one-half of the officer's
hourly rate, based on the current contract.
[Amended 9-16-2014 by Ord. No. 14-24]
(2)
An additional
fee of $125 is charged for any vehicle use, as assigned by the Chief,
for up to seven consecutive hours or any part of a calendar day. Whenever
possible, the oldest usable Police Department vehicle will be assigned.
(4)
All
associated payroll taxes.
[Added 9-16-2014 by Ord. No. 14-24]
[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No.
14-5; 5-19-2015 by Ord. No. 15-10; 6-20-2017 by Ord. No. 17-18]
A.
Goals. The Borough of Westwood desires to promote the most qualified
candidates to the ranks of Chief, Captain, Lieutenant and Sergeant.
This section establishes the eligibility requirements and the process
for promotion to those ranks. The promotion process shall be on the
basis of merit, experience/seniority, education, military service,
demonstrated ability, competitive written examinations and competitive
oral examinations as noted herein. In accordance with N.J.S.A. 40A:14-129,
promotion of any officer shall be made from the membership of the
Westwood Police Department. In accordance with N.J.S.A. 40A:14-118,
all promotions within the Westwood Police Department shall be made
by the Governing Body, except as to the Chief of Police, whose promotion/appointment
shall be made by the Mayor with the consent and approval of the Governing
Body.
[Amended 5-18-2021 by Ord. No. 21-7; 12-5-2023 by Ord. No. 23-37]
B.
Eligibility requirements.
(1)
Sergeant. For promotion to Sergeant, no person shall be eligible
for such promotion unless he or she:
(a)
Shall have served as a full-time police officer in the Westwood
Police Department for at least five years;
(b)
Shall have met or exceeded all Westwood Police Department standards
in his or her three most recent annual performance evaluations conducted
by his or her superiors; and
(c)
Shall possess (i) an associate's degree; or (ii) 64 college
credits; or (iii) 32 college credits combined with four or more years
of military service with an honorable discharge. This education requirement
shall not apply to officers employed by the Westwood Police Department
as of the date of the adoption of this section.
(2)
Lieutenant. For promotion to Lieutenant, no person shall be eligible
for such promotion unless he or she:
(a)
Shall have served as a full-time officer in the Westwood Police
Department for at least eight years;
(b)
Shall have served at least three years as a full-time Sergeant
for the Westwood Police Department;
(c)
Shall have met or exceeded all Westwood Police Department standards
in his or her three most recent annual performance evaluations conducted
by his or her superiors; and
(d)
Shall possess (i) an associate's degree; or (ii) 64 college
credits; or (iii) 32 college credits combined with four or more years
of military service with an honorable discharge. This education requirement
shall not apply to officers employed by the Westwood Police Department
as of the date of the adoption of this section.
(3)
Captain. For promotion to Captain, no person shall be eligible for
such promotion unless he or she:
(a)
Shall have served at least 10 years as a full-time officer in
the Westwood Police Department. In determining such length of service,
four or more years of military service with honorable discharge shall
be the equivalent of one year of employment as a full-time officer
for the Westwood Police Department;
(b)
Shall have served at least three years as a full-time Sergeant
and/or Lieutenant for the Westwood Police Department;
(c)
Shall have met or exceeded all Westwood Police Department performance
standards in his or her three most recent annual performance evaluations
conducted by his or her superiors; and
(d)
Shall possess a bachelor's degree or higher. This education
requirement shall not apply to officers employed by the Westwood Police
Department as of the date of the adoption of this section.[1]
[1]
Editor's Note: Former Subsection B(4), Deputy Chief, as added
5-18-2021 by Ord. No. 21-17, and Subsection B(5), Chief of Police,
as amended 5-18-2021 by Ord. No. 21-7, which immediately followed this
subsection, were repealed 12-5-2023 by Ord. No. 23-37.
C.
Process.
(1)
In creating the list of eligible candidates for promotion to Sergeant,
the Governing Body shall score/rank each such candidate as follows:
(a)
A written test relating to the duties, responsibilities and
job functions of the position being sought, to be prepared and administered
by the New Jersey State Association of Police Chiefs (or prepared
and administered by such other person, association or organization
as may be authorized by the Governing Body). The written test shall
constitute 30% of the overall total score for each eligible candidate,
based on a test that contains a maximum value of 100 points. For example,
a candidate who receives 70 points out of the total of 100 possible
total points for the written test shall receive 21 points towards
the overall total score (70 points x 30% = 21 points). In advance
of such written test, the minimum threshold/score required to be eligible
for promotion shall be established by the Governing Body, and such
minimum threshold/score shall be communicated, in writing, to all
eligible candidates for promotion prior to their taking said test.
Only those candidates who achieve such minimum score shall be eligible
to continue forward in the promotion process for promotion to Sergeant.
A ranked list of eligible candidates for promotion shall be created
based on the outcome of the aforesaid written test.
(b)
Each eligible candidate who has received on the written test
the minimum score required to continue forward in the promotion process
shall be interviewed by an oral examination administered by an interview
panel (the "interview panel") comprised of the following persons:
the Chief of Police, the Borough Administrator, and no more than the
next two highest ranking command staff members of the Westwood Police
Department, if they exist.
[1]
Only those candidates who have achieved the written test minimum
score or greater (out of the maximum of 100 points) on the written
examination shall be permitted to sit for an oral examination by said
interview panel. Oral examinations by the interview panel shall take
place after the receipt of the written examination scores.
[2]
Said interview panel's oral examination and assessment (which
examination and assessment shall have 100 points as its maximum score)
shall account for 30% of the candidate's total promotional score,
with 30 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 said interview
panel shall receive 24 total points for said interview panel's oral
examination element of the promotional process (80 x 30% = 24 total
points).
[3]
The oral examination and assessment by said interview panel
shall include an evaluation of the following criteria: commendations,
employee reviews, disciplines and early intervention summaries, annual
performance evaluations, merit, productivity, 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, seniority, 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. Said interview
panel shall utilize the same criteria for each of the candidates who
are interviewed for the open position(s).
(c)
After being interviewed by said interview panel, each eligible
candidate who has received on the written test the minimum score required
to continue forward in the promotion process shall be interviewed
by the Borough Police Committee. All candidates so interviewed by
the Borough Police Committee shall be asked the same questions, and
the score accorded to each candidate shall be arrived at by calculating
the average of the scores of all Police Committee members. The results
of such oral interview by the Police Committee, and its consideration
of the candidate's past performance based upon evaluations conducted
during the preceding three years, shall constitute 40% of the overall
total score for each candidate based on the average score of all Police
Committee members of such oral interview. The total possible points
for this oral interview shall be 100 points. For example, a candidate
who receives a total of 60 points out of the total of 100 possible
total points for this oral interview shall receive 24 points towards
his/her overall total overall score (60 points x 40% = 24 points).
(2)
In creating the list of eligible candidates for promotion to Chief
of Police, Captain, or Lieutenant, the Governing Body shall score/rank
each such candidate as follows:
[Amended 5-18-2021 by Ord. No. 21-7; 12-5-2023 by Ord. No. 23-37]
(a)
For promotion to the position of Chief of Police, each eligible
candidate shall be interviewed by an interview panel comprised of
the Borough Police Committee and the Borough Administrator ("interview
panel"). All candidates so interviewed by said interview panel shall
be asked the same questions, and the score accorded to each candidate
shall be arrived at by calculating the average of the scores of all
said interview panel members. The results of such oral interview by
said interview panel, and its consideration of the candidate's past
performance based upon evaluations conducted during the preceding
three years, shall constitute 65% of the overall total score for each
eligible candidate based on the average score of all said interview
panel members of such oral interview. The total possible points for
this oral interview shall be 100 points. For example, a candidate
who receives a total of 90 points for this oral interview shall receive
58.5 points towards his/her overall total score (90 x 65% = 58.5 points).
(b)
For promotion to the positions of Captain or Lieutenant, each
eligible candidate shall be interviewed by an interview panel comprised
of the Borough Police Committee, the Borough Administrator, the Chief
of Police, and the next highest ranking command staff member, if one
exists ("interview panel"). All candidates so interviewed by said
interview panel shall be asked the same questions, and the score accorded
to each candidate shall be arrived at by calculating the average of
the scores of all said interview panel members. The results of such
oral interview by said interview panel, and its consideration of the
candidate's past performance based upon evaluations conducted during
the preceding three years, shall constitute 65% of the overall total
score for each eligible candidate based on the average score of all
said interview panel members of such oral interview. The total possible
points for this oral interview shall be 100 points. For example, a
candidate who receives a total of 90 points for this oral interview
shall receive 58.5 points towards his/her overall total score (90
x 65% = 58.5 points).
(c)
Each eligible candidate for Chief of Police, Captain and Lieutenant
shall be interviewed by the Governing Body. All candidates to be interviewed
by the Governing Body shall be asked the same questions, and the score
accorded to each candidate shall be arrived at by calculating the
average of the scores of all Governing Body members. The results of
such oral interview by the Governing Body shall constitute 35% of
the overall total score for each eligible candidate based on the average
score of all Governing Body members of such oral interview. The total
possible score for this oral interview shall be 100 points. For example,
a candidate who receives a total of 80 points for this oral interview
shall receive 28 points toward his/her overall total score (80 points
x 35% = 28 points).
(3)
The candidate(s) for promotion to Sergeant receiving the highest score(s) as calculated by reference to Subsection C(1)(a), (b) and (c) above shall be deemed the first candidate eligible for promotion. The candidate(s) for promotion to Captain or Lieutenant receiving the highest score as calculated by reference to Subsection C(2)(b) and C(2)(c) above shall be deemed the first candidate(s) eligible for promotion. The candidate(s) for promotion to Chief of Police receiving the highest score(s) as calculated by reference to Subsection C(2)(a) and C(2)(c) above shall be deemed the first candidate(s) eligible for promotion.
D.
Notwithstanding anything in this chapter to the contrary, the Borough
of Westwood reserves the right to waive the written examination and/or
oral interview components of the promotional process, when the number
of eligible candidates for a particular position is equal to or less
than the number of vacant positions and the Borough intends to fill
all vacant positions. If the Borough elects to so waive the written
examination and/or oral interview components, all other components
of the promotional process within this section not so waived shall
remain in effect.
E.
Notwithstanding anything in this chapter to the contrary, the Borough of Westwood reserves the right to relax and/or waive the eligibility requirements for a particular position(s) if the number of eligible candidates for such position(s) is less than the number of vacant positions and the Borough intends to fill all vacant positions. If the Borough so elects to relax or waive the eligibility requirements, all candidates for the particular position(s), including those who are eligible as a result of the waiver or relaxation of such requirements, shall not be required to undergo or participate in the applicable process set forth in § 59-10C hereinabove.
[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No.
14-5; 6-20-2017 by Ord. No. 17-18]
A.
A list of the results will be posted and an eligibility list will
remain in effect for a period of 24 months from the date of posting.
Candidates may review their individual results through the Chief of
Police.
B.
After the expiration of the eligibility list, candidates will be
required to reapply for any subsequent promotional process.
[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No.
14-5; 6-20-2017 by Ord. No. 17-18]
A.
Any appeal of the promotional process other than for the reasons set forth in Subsections A(1) and A(2) hereinbelow must be filed within 10 days of the posting of the ranking of candidates, and failing same, such right of appeal shall be deemed waived. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will assess the request and make a determination of how the request will be addressed on a case-by-case basis. Such requests are limited to the following areas of the promotional process:
B.
Any appeal, for reasons other than those specified in Subsection A(1) and A(2) above, must be filed, in writing, by a candidate with the appropriate authority, within 10 days of the posting of the ranking of candidates. Any such appeal will be forwarded by the appropriate authority to the Governing Body, which may, in its sole discretion, allow the candidate to be reevaluated.
C.
All determinations by the Chief of Police or the Governing Body are
final.
[Added 11-12-2013 by Ord. No. 13-30; amended 3-18-2014 by Ord. No.
14-5; 6-20-2017 by Ord. No. 17-18[1]]
The provisions of any and all ordinances or resolutions of the Borough which are inconsistent with or which conflict with the provisions § 59-10 through 59-12 be and hereby are repealed.
[1]
Editor’s Note: This ordinance also repealed former §
59-13, Waiver, added 11-12-2013 by Ord. No. 13-30, as amended.
