[Amended 12-10-1998 by Ord. No. 98-18; 2-8-2001 by Ord. No. 2001-3; 9-13-2001 by Ord. No. 2001-18; 9-10-2009 by Ord. No. 2009-14; 9-8-2016 by Ord. No. 2016-13]
A. 
There is hereby established in and for the Borough of Netcong a Police Department, the head of which shall be the Police Chief. The Department shall consist of a Chief, Lieutenant, at least one but not more than three Sergeants and not more than 10 patrolmen.
B. 
The assignment of police detective(s) and police corporal(s) shall be at the discretion of the Chief of Police or in his/her absence his/her designee. These assignments, if made, shall be temporary in nature, can be revoked at any time and for any reason and the officer shall be assigned back to the patrol division. There shall be no additional compensation associated with these assignments.
C. 
The officers and members of the Police Department shall be appointed by the Mayor, with the advice and consent of the Borough Council.
A. 
The rights, privileges, powers and duties of the members of the Police Department, as well as special officers or temporary officers, shall be those prescribed by the laws of the State of New Jersey, the ordinances of the Borough of Netcong and such rules and regulations as may from time to time be established by the appropriate authority.
B. 
Members of the Police Department shall also have the power to serve and execute all process issuing out of the Municipal Courts of the State of New Jersey.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
The Borough Administrator shall serve as the appropriate authority, as 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. The appropriate authority shall adopt and promulgate the rules and regulations for the government of the Police Department and for the discipline of its members.
[Amended 9-9-1997 by Ord. No. 97-13; 2-8-2001 by Ord. No. 2001-3; 3-14-2002 by Ord. No. 2002-2; 5-10-2018 by Ord. No. 2018-6; 6-10-2021 by Ord. No. 2021-16; 4-11-2024 by Ord. No. 2024-9]
A. 
Membership requirements.
(1) 
No person shall be appointed a member of the Police Department unless the person:
(a) 
Is a citizen of the United States;
(b) 
Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Fireman's Retirement System of New Jersey as to his or her eligibility for membership in the retirement system;
(c) 
Is able to read, write and speak the English language well and intelligently;
(d) 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude;
(e) 
Has been a resident of the State of New Jersey for at least six months prior to the date of appointment;
(f) 
Has completed and filed with the Borough a written application, under oath, on a form to be furnished by the Borough;
(g) 
Has a valid New Jersey driver's license prior to the date of appointment;
(h) 
Applicant must have one of the following prior to the date of appointment:
[1] 
Has earned at least an associate's degree or has attained a minimum of 60 college credits from an accredited college or university.
[2] 
Honorable discharge from the United States Military, after serving a minimum of two full years of continuous active duty.
[3] 
Has completed two years of prior New Jersey law enforcement experience.
(i) 
Has successfully passed a medical and psychological examination.
B. 
No person shall be given a permanent appointment as a member of the Police Department unless such person has first served a probationary or temporary term of office for a period of one year and 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 of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1961. A probationary or temporary appointment may exceed one year for those persons enrolled in a police training course scheduled to end subsequent to the one-year limit set forth above. In no case shall an extension granted for attendance at a police training course exceed six months. Employment by the Borough shall automatically terminate upon the completion of the probationary period unless the probationary officer is appointed by the Mayor and confirmed by the Borough Council as a permanent member of the Department.
C. 
Each member of the Police Department shall, before entering upon the performance of his or her duties, take and subscribe an oath to support the Constitution of the United States and the Constitution of the State of New Jersey, to bear true faith and allegiance to the same and to the governments established in the United States and in this state and to faithfully, impartially and justly perform all of the duties of his or her office.
[Amended 12-10-1998 by Ord. No. 98-18; 2-8-2001 by Ord. No. 2001-3; 9-13-2001 by Ord. No. 2001-18; 3-14-2002 by Ord. No. 2002-2; 9-10-2009 by Ord. No. 2009-14; 5-10-2018 by Ord. No. 2018-6; 6-10-2021 by Ord. No. 2021-16; 4-11-2024 by Ord. No. 2024-9]
A. 
Promotion policy. Promotion denotes vertical movement in the organization hierarchy, from one rank classification to another. Validity of the promotional process can only be accomplished through clear and concise procedures. A promotional process has been developed to identify employees who possess the ability to assume greater responsibilities combined with the necessary skills and knowledge to perform competently at a higher organizational level. This policy is established for the positions of Sergeant, Lieutenant and Chief of Police, as those positions may be established from time to time by the Borough Council pursuant to § 54-1 of this chapter.
B. 
Eligibility. The following criteria shall be used to determine eligibility for promotion to the ranks of Sergeant, Lieutenant and Chief of Police, provided said ranks are established by the Borough Council:
(1) 
All candidates seeking promotion to the rank of Sergeant must have a minimum of three years' experience (including probation) as a Police Training Commission certified police officer. All candidates must have an associate's degree or attained a minimum of 60 college credits from an accredited college or university, or at least 24 months of active duty military service or two years prior law enforcement experience to be eligible for promotion.
(2) 
All candidates seeking promotion to the rank of Lieutenant must have a minimum of eight years' experience as a Police Training Commission certified police officer, two years of which shall be as a superior officer. All candidates must have an associate's degree plus 30 credits or attained a minimum of 90 college credits from an accredited college or university to be eligible for said promotion.
(3) 
All candidates seeking promotion to the rank of Chief of Police must have a minimum of 10 years' experience as a Police Training Commission certified police officer, two years of which shall be as a superior officer. All candidates must have a Bachelor of Arts degree from an accredited college or university to be eligible for said promotion.
(4) 
A potential candidate's years of service and/or years in present rank for eligibility purposes must be met as of the date the notice of the promotional process is posted pursuant to Subsections C, J and K below. There shall be no exception to this requirement.
(5) 
All promotions shall be made from the membership of the Netcong Borough Police Department, provided that the candidate meets the eligibility requirements of this section and successfully completes the promotional process as contained herein.
C. 
Promotional process, sergeants. At least 30 days prior to the date of the commencement of the promotional process for the rank of Sergeant, a notice shall be posted at the Police Department that will set forth the following:
(1) 
The position or positions available through promotion.
D. 
Sergeant - New Jersey Chiefs of Police Written Exam and personal interview. Once a candidate receives a passing grade of 70% or higher, he or she has the option to use that score for future Sergeant promotions or to take the exam again in an effort to improve their grade.
(1) 
The Chief of Police, or, in the absence of a Chief, the Borough Administrator, shall provide the candidates with a scheduled date for the written exam at least 90 days prior to the exam, and the personal interview date at least 14 days prior to the interview. Failure to attend the personal interview shall result in a candidate's disqualification from the promotional process.
(2) 
A Police Promotional Committee consisting of the Police Chief, Mayor, Borough Administrator and two members of the Borough Council designated by it (hereinafter collectively referred to as the "Committee") shall conduct the personal interview.
(3) 
The personal interview will be based mainly on a candidate's past performance and evaluations and shall represent 50% of a candidate's overall score in the promotional process. The information to be viewed during the interview will come from each candidate's personnel file. Each candidate shall be given the opportunity to make a personal statement if he/she chooses to do so. Each Committee member shall grade each candidate based on the candidate's interview. The maximum attainable score for the interview shall be 100%. The candidate's overall score for the interview shall be the average of the combined scores of each Committee member. Factors to be considered by the Committee in scoring the candidate's interview shall be:
(a) 
Performance/leadership skill.
(b) 
Educational background.
(c) 
Training.
(d) 
Supervisory experience.
(e) 
Attitude:
[1] 
Use of sick time.
[2] 
Efforts in supporting Department goals and objectives.
[3] 
Handling Department equipment.
[4] 
Rapport with fellow employees and the public.
(f) 
Appearance and demeanor.
(4) 
Letters concerning a potential candidate received between the day the notice of a promotional examination is posted and the conclusion of the promotional examination shall not be considered for the posted examination.
(5) 
The overall score of each candidate shall be calculated as follows:
Personal interview
E. 
Seniority.
(1) 
Seniority will be assessed as the final stage of the promotional process for candidates for the ranks of Lieutenant and Sergeant.
(2) 
Seniority shall be worth 1/2 of a percentage point (based on 100%) for every year of service with the Netcong Borough Police Department up to a maximum of 10%.
(3) 
Seniority shall be determined by the number of years of service completed as of the date the notice of the promotional examination is posted.
F. 
Final overall score.
(1) 
Candidate's score on the personal interview.
(2) 
Seniority is worth 1/2 of a percentage point (based on 100%) for every year of service completed with the Netcong Borough Police Department up to a maximum of 10%.
(3) 
In order to assess the overall score for promotion, add the overall score received by a candidate, plus seniority.
(4) 
Once the overall scores are calculated, the Police Chief will provide the Mayor with their candidate recommendation. The candidate chosen may be appointed by the Mayor, subject to satisfactory physical and psychological examinations and confirmation by the Borough Council. In the event that the Mayor deems the chosen candidate not to be the best qualified because of the results received from the individual's psychological and/or physical examinations, the Mayor must submit all concerns in writing and justify his/her appointment to the Borough Council.
G. 
Summary.
(1) 
Upon completion of the examination process, each candidate for the rank of Sergeant will be provided with the testing results in a written review form which will include his or her:
(a) 
New Jersey Chiefs of Police Association written test score.
(b) 
Personal interview score.
(c) 
Seniority.
(d) 
Overall ranking.
(2) 
The Chief of Police, or, in the absence of a Chief, the Borough Administrator, or his or her designee, shall be responsible for all examination phases of the promotional process.
H. 
Physical/psychological examination. Prior to submitting the name of the highest-scoring candidate to the Borough Council for confirmation, said candidate shall undergo physical and psychological examinations by physicians designated by the Borough at the Borough's expense.
I. 
Examination eligibility list.
(1) 
Candidates who successfully complete the promotional examination process but do not receive a promotion at the conclusion of the process may be placed on a promotional list for the same rank for which the candidates were examined.
(2) 
The list will be active for three years from the date of final results being published. A candidate on the list may be recommended for promotion to the appropriate rank without further examination within the three-year period.
(3) 
The establishment of the list will be made upon recommendation of the Chief of Police, or, in the absence of the Chief, the Borough Administrator, to the Mayor and Borough Council and the adoption of a resolution by the Borough Council establishing the list.
J. 
Promotion process, lieutenant. At least 30 days prior to the date of the commencement of the promotional process for Lieutenant, the Police Promotional Committee shall notify all eligible candidates in writing of the pending promotion. Eligibility shall be determined based upon the criteria established in § 54-5B(3).
(1) 
Interested candidates shall notify the Borough Administrator in writing within 15 days of notification of the pending appointment of their intent to be considered for the promotion to the rank of Lieutenant.
(2) 
The Borough Administrator shall notify the candidates of their personal interview date in writing at least seven days prior to their personal interview.
(3) 
The Police Promotional Committee shall conduct the personal interviews. Each candidate shall be given the opportunity to make a personal statement if he/she chooses to do so. Each Committee member shall grade each candidate based on the candidate's interview. The maximum attainable score shall be 100%. The candidate's overall score for the interview shall be the average of the combined scores of each Committee member. Factors to be considered by the Committee in scoring the candidate's interview shall be:
(a) 
Performance/leadership skill.
(b) 
Educational background.
(c) 
Training.
(d) 
Supervisory experience.
(e) 
Attitude.
[1] 
Use of sick time.
[2] 
Efforts in supporting Department goals and objectives.
[3] 
Handling Department equipment.
[4] 
Rapport with fellow employees and the public.
(f) 
Appearance and demeanor.
(4) 
Once the overall scores are calculated, the Police Chief will provide the Mayor with his or her candidate recommendation. The candidate chosen may be appointed by the Mayor, subject to satisfactory physical and psychological examinations and confirmation by the Borough Council. In the event that the Mayor deems the chosen candidate not to be the best qualified because of the results received from the individual's psychological and/or physical examinations, the Mayor must submit all concerns in writing and justify his/her appointment to the Borough Council.
K. 
Promotion process, Chief of Police. At least 30 days prior to the date of the commencement of the promotional process for Chief, the Police Promotional Committee shall notify all eligible candidates in writing of the pending promotion. Eligibility shall be determined based upon the criteria established in § 54-5B(3).
(1) 
Interested candidates shall notify the Borough Administrator in writing within 15 days of notification of the pending appointment of their intent to be considered for the promotion to the rank of Chief.
(2) 
The Borough Administrator shall notify the candidates of their personal interview date in writing at least seven days prior to their personal interview.
(3) 
The Police Promotional Committee shall conduct the personal interviews. Each candidate shall be given the opportunity to make a personal statement if he/she chooses to do so. Each Committee member shall grade each candidate based on the candidate's interview. The maximum attainable score shall be 100%. The candidate's overall score for the interview shall be the average of the combined scores of each Committee member. Factors to be considered by the Committee in scoring the candidate's interview shall be:
(a) 
Performance/leadership skill.
(b) 
Educational background.
(c) 
Training.
(d) 
Supervisory experience.
(e) 
Attitude.
[1] 
Use of sick time.
[2] 
Efforts in supporting Department goals and objectives.
[3] 
Handling Department equipment.
[4] 
Rapport with fellow employees and the public.
(f) 
Appearance and demeanor.
(4) 
The candidate receiving the highest overall final score may be appointed by the Mayor, subject to a satisfactory physical examination and confirmation by the Borough Council. In the event that the Mayor deems the individual with the highest score not to be the best qualified because of the results received from the individual's physical examination, the Mayor must submit all concerns in writing and justify his/her appointment to the Borough Council.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
The Chief of Police or, in the absence of a Chief of Police, the chief law enforcement officer of the Borough of Netcong shall be directly responsible to the Borough Administrator for the efficiency and day-to-day operations of the Police Department. Pursuant to policies established by the Borough Administrator, the Chief of Police or the chief law enforcement officer, shall:
A. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all members and officers.
D. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department.
E. 
Report at least monthly to the Borough Administrator in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Borough Administrator.
F. 
Require that all of the laws of the state and ordinances of the Borough be observed and enforced.
G. 
Ensure that all persons connected with the Department are property instructed in their duties and receive the proper training necessary for the effective operation of the Police Department.
Each member of the Police Department shall devote his whole time and attention to the services of the Department. Although certain hours may be allotted for the performance of regular tours of duty, officers are considered to be at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
Any member of the Police Department of the Borough of Netcong shall be subject to reprimand, suspension, deduction in pay, reduction in rank or dismissal, according to the gravity of the offense, for any of the following causes:
A. 
Intoxication while on or off duty, whether in uniform or not.
B. 
Willful disobedience of any provision of the Police Manual of the Borough of Netcong, dated August 11, 1976, and adopted October 12, 1976, as the same may be amended and supplemented from time to time, and which is incorporated herein by reference.
C. 
Absence without leave.
D. 
Disrespect to a superior.
E. 
Leaving his beat or assignment without good reason.
F. 
Immorality, indecency or lewdness.
G. 
Incompetency.
H. 
Neglect of duty.
I. 
Violating any criminal law or penal ordinance.
J. 
Conduct subversive of good order and discipline of the Police Department.
K. 
Willful maltreatment of a prisoner or citizen.
L. 
Conduct unbecoming a police officer and gentleman.
M. 
Refusing to do police duty of any kind whenever the necessity requires, whether on patrol or elsewhere, and whether in uniform or not.
N. 
Neglect in paying his just debts.
O. 
Making known any proposed movement of the force.
P. 
Violation of any of the rules and regulations for the government and conduct of the Police Department as promulgated by the Borough Administrator.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
A. 
No permanent member or officer of the Police Department shall be removed from office or employment for political reasons or for any cause other than incapacity, misconduct, disobedience of the rules and regulations established for the government of the Police Department and force by the Borough Administrator or a violation of the rules of conduct for the Police Department established by § 54-8 of this chapter, including the Police Manual of the Borough of Netcong incorporated herein by reference, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause, and then only upon written complaint setting forth the charge or charges against such member or officer. Such complaint shall be signed by the person or persons making the charge(s) against the member or officer and shall be filed with the Borough Administrator. The complaint shall be served by the Borough Administrator upon the member or officer so charged, with notice of a designated hearing upon the charges contained therein, which shall be commenced not fewer than 10 nor more than 30 days from the date of the service of the complaint.
[Amended 12-10-1998 by Ord. No. 98-18; 9-10-2009 by Ord. No. 2009-14]
B. 
A complaint charging a violation of the internal rules and regulations established for the conduct of the Police Department shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of the member or officer for a violation of the internal rules or regulations of the Police Department is included directly or indirectly within a concurrent investigation of the officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day after the disposition of the criminal investigation. The forty-five-day requirement for the filing of a complaint against an officer shall not apply to the filing of a complaint by a private individual.
C. 
The hearing upon a complaint filed against a member or officer of the Police Department shall be conducted by an independent hearing officer to be chosen by the Borough Administrator from a list of such independent hearing officers approved by the Borough Council. Said hearing officer shall preside over said hearing and shall take such testimony as is presented, it being the intent of this section to give every member or officer of the Police Department a fair trial and every opportunity to make his defense. The hearing officer shall render such decision as he determines to be fair and just under the factual circumstances he finds to exist, within the guidelines established by this chapter. Within a reasonable time, but not to exceed two weeks from the conclusion of the hearing, he shall render a report to the Borough Administrator setting forth his factual findings and decision. The Borough Administrator shall immediately take such actions as are required to implement the decision.
[Amended 9-10-2009 by Ord. No. 2009-14]
D. 
A failure to comply with the provisions of this section as to the filing and service of the complaint against an officer or member of the Police Department shall require a dismissal of the complaint.