[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 6-12-2013 by Ord.
No. 2013-07. Amendments noted where applicable.]
The Borough of Kenilworth, within the County of Union, State of New Jersey, created, pursuant to the provisions of N.J.S.A. 40A:14-118 et seq., a Police Department which by this chapter is ratified as to its existence and operation. The Police Department shall consist of personnel under the immediate supervision of a Chief of Police. The structure of the command and the maximum number of ranked police officers within the Police Department shall be limited to the positions as depicted in the Table of Organization in Chapter
15, §
15-2 of the Borough Code.
[Amended 8-16-2023 by Ord. No. 2023-19]
Pursuant to N.J.S.A. 40A:14-118, the Police Safety Committee
is hereby designated as the appropriate authority to update, adopt,
and promulgate rules and regulations for the government of the Police
Department and the discipline of its members. Said rules and regulations
shall govern the conduct of and be binding upon the entire membership
of sworn officers and civilian employees of the Police Department.
Said rules and regulations shall be maintained in a manual form and
be maintained by the Chief of the Department and the Borough Clerk.
The Council shall appoint from its own membership annually a
Police Safety Committee consisting of three members and shall appoint
one of the members of the Police Safety Committee as its Chairperson
for the year. The Chairperson of the Police Safety Committee shall
be and is hereby designated the Police Commissioner. The Police Commissioner
shall have general cognizance and coordination with the Police Department
and thereby report to the Police Safety Committee and the Borough
Council. The Police Safety Committee and the Police Commissioner shall
serve at the pleasure of the Council and shall be subject to removal
by the Council without cause.
B. Police
officers shall rank as follows:
C. Dispatchers,
police matrons and other civilian employees of the Police Department
shall not be ranked and shall not be members of the Police Department
but shall be governed by the provisions of this chapter, state statutes
in effect and the Borough's Personnel Manual.
A. Each person newly appointed to the Department shall first be appointed
as a probationary police officer for one year from the date of the
appointment unless said person has served in another Police Department
successfully within the State of New Jersey for a period of no less
than one year and has already been certified as a PTC officer. The
probationary period for officers with experience may be reduced by
resolution for a period of no less than six months. At the termination
of said probationary period, the officer shall upon affirmative vote
of the Council become a permanent police officer, which shall require
a formal resolution by the Borough Council.
B. Any officer at the termination of the probation period who fails
to obtain an affirmative vote by the Council and an affirmative recommendation
of the Chief of Police shall be terminated.
To be appointed as a member of the Police Department, an individual
must:
A. Be between the age of 18 (unless provided by statute that the individual
must be at least 21) and not more than 35 years of age.
B. Have passed a physical fitness examination.
C. Have passed a psychological examination.
A. All police officers and the Police Chief hereafter appointed shall
be citizens of the United States, shall have earned a high school
diploma or its equivalent, shall be in sound mind and body and in
good health, able to intelligently read, write and speak the English
language, be of good moral character and have not been convicted of
any criminal offense involving moral turpitude.
B. Upon appointment, the officer shall promptly become a resident of
the State of New Jersey. During the officer's entire tenure with the
Department, he or she shall maintain his or her New Jersey residence.
C. Except as provided by law or collective bargaining contract, any
permanent member of the Police Department who shall be absent from
duty without just cause or leave of absence for a continuous period
of five days shall, at the Borough's sole discretion, cease to be
a member of the Department.
A. The Mayor is solely responsible for recommending candidates for the
position of Police Chief. The selected individual shall be appointed
with the advice and consent of the Council. Recommendations for the
position of Chief of the Kenilworth Police Department are limited
to the current members of the Department who shall have served as
a sergeant for at least one year or be of a superior rank.
B. To be considered for the position, candidates for Police Chief must
express an interest, in writing, to the Mayor and Borough Clerk within
10 days after the posting by the Borough Clerk on the bulletin board
at the entrance to the Municipal Building and on the web page of the
intent to interview individuals for the position of Chief of Police.
Each of those individuals shall be offered the opportunity to be interviewed
by the Mayor.
[Amended 11-8-2017 by Ord. No. 2017-13; 3-25-2020 by Ord. No. 2020-03; 8-16-2023 by Ord. No. 2023-19]
A. The Public Safety Committee, with the advice and consent of the Council,
shall nominate all new police officers to be hired by the Borough.
B. Except as provided in §
39-9F and
G below, no one shall be appointed a probationary police officer who does not successfully complete the following process:
(1) Written examination. All candidates must pass a comprehensive written
examination with a minimum score of 75. The governing body shall determine
the person(s) or organizations who shall be responsible for the preparation
and administration of the written examination.
(2) Physical agility test. All candidates who successfully pass the written
examination will be required to pass a physical agility test administered
by the Kenilworth Police Department.
(3) Scored oral interview. The highest ranked candidates who successfully
pass both the written examination and physical agility test will be
interviewed and scored by the Chief and Command Staff. The Chief will
determine the number of candidates to be interviewed.
(4) Medical examination. All successful candidates considered for appointment
shall submit to a medical examination by a licensed physician selected
by the governing body after receiving a conditional offer of employment.
All candidates must meet health requirements set for eligibility into
the Police and Fire Pension System.
(5) Background investigation. All successful candidates being considered
for appointment shall submit to a background investigation which shall
be conducted by the Kenilworth Police Department, or persons or organizations
designated by the governing body. This investigation shall determine
the suitability of the candidate to be a police officer. A copy of
the investigation shall be submitted to and retained by the Chief
of Police.
(6) Psychological evaluation. All successful candidates being considered
for appointment shall submit to a psychological evaluation to determine
the candidate's emotional fitness for the position by a licensed
psychologist or psychiatrist selected by the governing body after
receiving a conditional offer of employment. Copies of the evaluation
shall be retained by the Chief of Police.
C. Ranking of candidates. Upon completion of the written examination,
physical agility test and oral interviews, which shall be scored,
a ranking of qualified candidates shall be prepared by the Police
Chief.
D. The resulting list of all qualified candidates, in scored rank order,
will be provided to the Police Safety Committee. Such list may remain
in effect and be utilized by the Police Safety Committee, within its
discretion, for a period of upto one year.
E. Appointment to the Police Department shall be by resolution of the
governing body of the Borough from the list of qualified candidates
following interview(s) by the Police Safety Committee, and/or governing
body, with the candidate(s). Interviews of qualified candidates shall
be conducted from a pool consisting of the highest ranked candidates
numbering no less than two times the number of positions to be filled.
F. Lateral hires of fully certified police officers. Notwithstanding other provisions contained in this chapter, in the event the Chief of Police recommends, and the governing body finds, that it would be in the best interest of the Borough of Kenilworth to waive the regular process and hire one or more probationary police officers who are certified by the New Jersey Police Training Commission as certified police officers in the State of New Jersey, the governing body may waive some or all of the requirements that such officers take the written examination, the physical agility test, and the oral examination set forth above, and hire the probationary officer(s). However, prior to hiring a probationary officer in the circumstances, all candidates must first pass the medical examination, the psychological evaluation, background check and herein and be interviewed as set forth in Subsection
E herein.
G. Alternate route and SLEO II candidates having less than full certification. Notwithstanding other provisions contained in this chapter, in the event the Chief of Police recommends, and the governing body finds, that it would be in the best interest of the Borough of Kenilworth to waive the regular process and hire one or more probationary police officers who are considered either an alternate route or SLEO II candidate partially certified by the New Jersey Police Training Commission, the governing body may waive the requirements that such officers take the written examination, oral examination and physical agility test as set forth in herein and hire the probationary officer(s). However, prior to hiring a probationary officer in the circumstances, all candidates must first pass the medical examination, psychological evaluation, and background check, and be interviewed as set forth in Subsection
E herein. In addition, all such alternate route and SLEO II candidates must be eligible by law and will be required within one year from their date of employment to obtain full certification from the New Jersey Police Training Commission at their own cost and expense.
[Added 8-16-2023 by Ord. No. 2023-19]
A. The Police Safety Committee, with the advice and consent of the Council,
shall nominate permanent police officers for promotion. The Police
Safety Committee shall make the nomination within a reasonable time
when a position becomes available and the Borough Treasurer/CFO has
determined that sufficient funds exist within the budget. A reasonable
period for the Police Safety Committee and Borough Treasurer/CFO to
make such recommendation and determination shall be within 60 days
after a vacancy has been reported to the Council.
B. In the event of a promotion to a higher position, the lower rank
of the person promoted shall not be considered vacant until such officer
so promoted shall express, in writing to the Chief and the appropriate
authority, acceptance of the promotion.
C. All promotions to a superior position shall be made from within the
membership of the Kenilworth Police Department as constituted at the
time of such promotion and shall be made based upon the results of
the following promotion procedures:
(1) Eligibility.
(a)
Except for the promotion to sergeant, to be eligible for promotion,
the officer shall be in the current rank for no less than one year
within the Department;
(b)
Promotion to the rank of sergeant requires five or more years
of service within the Department; and
(c)
In the event that no one who meets the foregoing eligibility
requirements is found to be satisfactory to the Borough Council for
the promotion, then the next lower ranking officer may also be considered
eligible for the promotion.
(2) Notice of vacancy.
(a)
When the Chief of Police is aware of a vacancy or a pending vacancy of a superior officer (other than the Chief) as determined by the Table of Organization as set forth in §
15-2, the Chief shall report to the Police Commissioner that expected date of vacancy.
(b)
Selection of candidates; interviews.
[1]
Upon receipt of the notice of an intended vacancy, the Chief
of Police shall post a notice to all personnel describing the position
that may open within the Department and requesting interested parties
to contact his office, in writing, within 20 days of the posting and
include a resume. The Police Commissioner shall then, within 40 days
after the posting, convene a meeting of the Department of Public Safety
with the Chief of Police. At the meeting, the Chief will present the
names of all officers that have expressed an interest and are eligible
for the anticipated vacancy.
[2]
The Committee, with the Chief or designee of Council if a member
of the Committee is unavailable, after interviewing and questioning
the candidates, will provide the names of the three top choices by
consensus in the order of their preference to the Borough Clerk for
the dissemination to the entire Council along with their resumes.
The entire Council may elect to interview the candidates or proceed
as it sees fit to promote based upon the Public Safety Committee's
and the Chief's recommendation and thus avoid any formal testing
as provided for in this chapter.
(3) Candidate review and selection.
(a)
All candidates who have scored 75% or greater shall be considered
eligible for promotion.
(b)
If the test has been administered within two years prior to
the posting for the same level position, then only those candidates
who had successfully completed the test shall initially be considered,
and no further test will be administered. Upon recommendation of the
Police Chief, the two-year period may be extended for up to one additional
year by a resolution of the Borough Council.
(c)
The Chief of Police shall review the officers' prior performance,
credentials, seniority, and demonstrated ability to work well with
the community.
(d)
The Chief of Police shall meet with the Public Safety Committee
to review and discuss recommendations for promotion. Along with his/her
recommendations, at said meeting, he/she shall make available personnel,
disciplinary and reprimand files for all the officers who have scored
75% or greater.
(e)
The Chief of Police, after meeting with the Public Safety Committee,
shall thereafter at a regularly scheduled Council meeting make a recommendation
to the Borough Council within 45 days after the completion of the
review with the Public Safety Committee.
(f)
The Council is not bound by the Police Chief's recommendation
for the promotion, but if the Council elects not to promote the person(s)
recommended, the Council may discuss with the Police Chief the reasons
for the rejection or reservations associated with the candidate for
promotion.
(g)
The Council may then promote the applicant so nominated by the
Chief of Police, by majority vote, or proceed to consider other officers.
(h)
In the event that the person selected by the Chief of Police
is not accepted by the majority of the Council, the Chief of Police
shall select another individual for promotion consideration and advise
the Public Safety Committee within 30 days.
(i)
Notwithstanding the appointment or promotion procedures set
forth herein, the governing body may, in its sole discretion, make
promotions to fill vacancies, as the circumstances may warrant, from
any other member of the Police Department.
(j)
Any candidate(s) who were not promoted may ask the Chief of
Police to review the results of the promotional process within 14
days.
(k)
The Chief of Police will meet individually with any candidate
so requesting to review the results of the promotional decision. Nothing
contained in this directive shall confer upon any employee an expectation
or contract right as a result of such meeting.
The minimum duties of the captains, lieutenants and sergeants
shall be to:
A. Have immediate charge of patrol officers.
B. Ensure that they are properly instructed and on alert in performance
of duty; that they are clean, neat and properly uniformed; and that
they are relieved properly in accordance with the approved schedule.
C. Ensure that all Department premises and properties are safe, clean
and in working order.
D. Make reports to the member immediately preceding him/her in rank
or, in his/her absence, to the next superior officer or the Chief.
The minimum duties of every regular member of the Department
shall include and be limited to the following:
A. 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 Kenilworth; direct and control traffic; provide
attendance and protection during emergencies; provide appearances
in court; cooperate with all other law enforcement agencies; and provide
training for the efficiency of its members and officers.
B. Carry out the policies and orders of the Chief of Police and as specified
in the rules and regulations as promulgated.
C. Devote his/her whole time and attention to the service of the Department,
being expressly prohibited from following any other calling or being
engaged in any other businesses, unless he/she receives the consent
of the Chief of Police, and before such consent shall be given, the
Chief of Police shall be satisfied that the employment shifts or routine
schedule of duties shall not be disrupted, and unless the work is
of such a nature that it does not in any degree impair the physical
ability or mental alertness of the particular person from properly
performing his/her duties as a member of the Police Department. Although
certain hours are allocated to regular tours of duty, police officers
are considered to be at all times on duty and must respond promptly
and any time their services are required. Nothing in this subsection
shall be considered to prohibit any member of the Kenilworth Police
Department from serving on the Kenilworth Volunteer Fire Department
and Rescue Squad, provided that any such Kenilworth police officer
shall only be engaged in Kenilworth Volunteer Fire Department activities
while the police officer is not on a regular tour of duty for the
Kenilworth Police Department.
D. Remain on duty until properly relieved.
E. Watch all persons passing, especially strangers, and, if possible,
fix in mind such impressions as will enable him/her to recognize persons
accused of crime.
F. Take notice of all automobiles, trucks, and other vehicles, especially
at night, and if anything suspicious is observed to stop the same
and satisfy himself/herself that they are engaged in legitimate pursuits.
G. Report daily any accidents or unusual incidents to headquarters,
in writing.
H. Duly report all streetlights and traffic control devices that are
unlit or in any way out of order.
I. Report all matters affecting streets, such as openings, obstructions,
etc., and see that permits accompany the work and that the proper
protection thereof is provided.
J. Examine all activities to be licensed and report lack of proper licenses
or failure to conform therewith.
K. To the utmost of his/her power, prevent the commission of assaults
and breaches of the peace and, by his/her vigilance, render it extremely
difficult for anyone to commit a crime.
L. If on patrol duty, call headquarters on relieving and being relieved.
M. Have his/her shield and weapon at hand at all times and be always
ready to perform such duties as may be required of him/her.
N. When off duty, keep headquarters advised as to where and how he/she
may be communicated with.
O. Keep his/her uniforms cleaned and pressed and his/her equipment clean
and in order at all times.
P. Testifying for the defendant. Any employee subpoenaed to testify
for the defense or against the municipality or Department in any hearing
or trial shall notify the appropriate supervisor immediately upon
receipt of the subpoena.
Q. Truthfulness. Employees are required to be truthful at all times,
whether under oath or not.
R. Civil actions; subpoenas. Employees shall not volunteer to testify
in civil actions arising out of Department employment and shall not
testify unless subpoenaed. If the subpoena arises out of Department
employment or if employees are informed that they are a party to a
civil action arising out of Department employment, they shall immediately
notify the appropriate supervisor.
S. Civil depositions and affidavits. Employees shall confer with the
appropriate supervisor before giving a deposition or affidavit on
a civil case relating to their police employment.
T. Civil actions; expert witnesses. Employees shall not volunteer or
agree to testify as expert witnesses in civil actions without the
prior written approval of the County Prosecutor.
[Amended 9-12-2018 by Ord. No. 2018-12]
The title of "Special Law Enforcement Officer" is established in Article I, §
39-14.
A. Borough of Kenilworth authorizes the use of special law enforcement
officers to assist the regular Police Department in the performance
of its duties and responsibilities subject to the eligibility criteria
and limitations set forth in the Special Law Enforcement Officers
Act, N.J.S.A. 40A:14-146.10 et seq. No special law enforcement officers
shall be appointed to any term exceeding one year.
(1) No special law enforcement officer, by virtue of his/her appointment
as such, shall be or become a regular member of the Police Department.
(2) Special law enforcement officers are considered at-will part-time
employees and can be terminated for cause after adequate hearing,
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing (N.J.S.A.
40A:14-146.14).
(3) Every special law enforcement officer, while on duty, shall abide
by all the rules and regulations of the Police Department and those
policies, general order or standard operating procedures established
by the Chief of Police.
B. Qualifications. No person shall be appointed as a special law enforcement
officer unless the person:
(1) Is legally permitted to work in the United States;
(2) Is a resident of the State of New Jersey during his/her term of appointment;
(3) Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent;
(4) Is of sound body and of good health;
(5) Is of good moral character;
(6) Has not been convicted of any offense involving dishonesty or that
which would make him/her unfit to serve as a special law enforcement
officer.
C. Duties; classification of special law enforcement officers. There
shall be the following class of special police officers pursuant to
law:
(1) Class 3. Officers of this class must be a retired law enforcement
officer under the age of 65, who had retired from his/her agency in
good standing and possess a valid New Jersey Police Training Commission
basic police officer certification. Such Class 3 officers must be
physically capable of performing the functions of the position in
accordance with New Jersey Police Training Commission guidelines.
Such Class 3 officers are authorized to exercise powers and duties
commensurate with those of a regular police officer. The use of a
firearm by such officer may only be authorized upon successful completion
of training and instruction as required by law. The Chief of Police
may authorize the use of mechanical force weapons, but such special
law enforcement officers must train and demonstrate proficiency with
such mechanical force weapons with the same frequency as regular police
officers.
D. Appointment.
(1) Class 3 special law enforcement officers shall be nominated by the
Chief of Police and approved by the Borough Council for one-year terms
commencing on September 1 of each year and running until August 31
of the year.
(2) Precertification standards shall be established by the Chief of Police
and provided to each applicant.
In addition to standard operating procedure requirements, members
of the Police Department shall not:
A. Leave their post, either without good and sufficient reason or without
reporting such action to headquarters at the first opportunity.
B. Converse with citizens or with each other for a period of time exceeding
five minutes, unless upon police business.
C. Lounge or slouch or have coats or shirts unbuttoned when on duty,
and their shoes shall always be shined.
D. Smoke when on duty in uniform.
E. Release any prisoner without due authority or permit any prisoner
to escape.
F. Willfully or through neglect suffer any property of the Department
to be lost, spoiled, or damaged or wrongfully disposed of.
G. Enter a public place where intoxicating liquors are sold while in
uniform or on duty except in the proper performance of duty.
H. Consume any intoxicating liquor or intoxicating beverage while in
uniform or on duty except in the performance of their duties.
I. Report to duty while being intoxicated or under the influence of
a controlled substance so as to interfere with the performance of
the duties of a police officer.
J. Exercise the authority vested in their position that would be inconsistent
with the obligations imposed upon them by their accepting a position
as a member of the Kenilworth Police Department.
K. Commit excessive or unexcused absenteeism from their duties as a
police officer.
L. Be candidates for or hold office in an elective public position or
political organization within or inclusive of the jurisdiction in
which they are employed unless authorized to do so in writing by the
County Prosecutor.
M. Engage in political activity while on duty or in uniform or so as
to impact the operation of the Department.
N. Engage in polling duties except in the performance of their official
duties.
O. Display or distribute political material on any government property
or in their uniform or while exposing their shield or gun.
P. Distribute political material as to the municipality of Kenilworth
or the County of Union or the State of New Jersey wherein one represents
oneself as a member of the Police Department.
Q. Abuse the authority or trust delegated to them so as to diminish
the public trust in the Police Department.
Members of the Police Department shall be subject to disciplinary
measures as may be reasonably necessary. Reasons for discipline include,
but are not limited to, any of the following offenses:
A. Intoxication while on duty or in uniform.
B. Willful disobedience of orders.
C. Indecent or profane or harsh language, immorality or lewdness.
D. Disrespect to the superior officer in rank or to any member of the
Borough Council.
E. Unnecessary violence towards prisoners.
F. Leaving his/her post without just cause.
H. Sleeping on duty or neglect of duty.
I. Incompetency, lack of energy, or incapacity, mental or physical.
J. Committing an offense punishable under the laws or statutes of the
United States, the State of New Jersey or any other state, or municipal
ordinances within the State of New Jersey.
K. Disclosing to persons outside the Department any confidentially proposed
action of the Department or any confidential orders of the Chief,
Commissioner, Police Safety Committee or Borough Council.
L. Conduct unbecoming a police officer or conduct subversive to good
order and discipline of the Department.
M. Absence from his/her post.
N. Publicly commenting disrespectfully on the official actions of superior
officers, members of the Borough Council or other Borough officials.
O. Not properly patrolling his/her post.
Q. Untruthfulness, oral or written, with regard to his/her duties as
an officer or as a member of the public.
R. Recklessly creating a condition without just cause so as to harm
an individual or oneself.
S. Failure to uniformly apply the laws and regulations of the state
without showing favoritism or disrespect to a group or individual
based upon race, creed, religion or sexual orientation.
T. Soliciting or accepting goods or services from individuals or businesses
for less than the same amount paid by the general public because of
his/her position as a police officer.
U. Violation or disregard of Department rules and procedures.
V. Repeated violations. Repeated violations of the rules of conduct
shall be indicative of employees' disregard for their duty and may
be cause for dismissal. This shall apply regardless of the type or
severity of the offenses.
Any members of the Police Department who shall willfully disobey
any provisions of this chapter or any rule or regulations duly issued
under authority of this chapter shall be subject to summary suspension
by the Chief and, after hearing, if demanded, shall be subject to
reprimand, loss of vacation days, loss of pay, reduction of rank,
suspension without pay, dismissal or restoration to duty, as the Borough
Council may, by resolution, determine.
No members of the Police Department shall be or become a member
of any subversive organization or any organization affiliated with
another organization which holds, claims or exercises the right to
demand of any of its membership obedience to an order to strike or
cease work for any cause or to disrupt the government of the United
States by violence. Upon satisfactory proof to the Borough Council
that any member of the Department has violated the provisions of this
rule, it shall be the duty of the Borough Council to immediately discharge
such member from the Department, pending further investigation if
challenged within 10 days after the discharge.
No person shall hereafter be given or accept a permanent appointment
as a police officer in the Borough of Kenilworth unless such person
has successfully completed a police training course at a police academy
approved and authorized by the Police Training Commission in the Department
of Law and Public Safety of the State of New Jersey pursuant to the
provisions of N.J.S.A. 52:17B-66 et seq., as may be amended.
This chapter shall not prohibit the giving or accepting of a
probationary or temporary appointment as a police officer for a period
not to exceed one year, provided the person has completed the police
training course.
No person shall be permitted to take a police training course
unless he/she holds a probationary or temporary appointment as a police
officer in the Borough of Kenilworth, and such appointees shall be
entitled to a leave of absence with pay during the period of the police
training course.
All articles, sections, subsections, paragraphs and other provisions of Chapter
39 not specifically affected by the above amendment and modification shall remain in full force and effect.
If any section, paragraph, subdivision, clause, sentence, phrase
or provision of this chapter is declared unconstitutional or invalid
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
All Borough ordinances and parts of ordinances that are inconsistent
with this chapter are hereby repealed.
This chapter shall become effective after final passage, adoption
and publication as required by law.