[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:
A.
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.
B.
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.
C.
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]
(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]
D.
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.
E.
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)
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 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.
F.
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)
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)
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)
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 Lieutenant.
(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.
G.
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)
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 Police
Chief.
(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]
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 Sergeant.
(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
H.
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.
I.
Procedure for hiring new police officers.
[Added 11-26-2012 by Ord. No. 37-2012]
(1)
First phase.
(a)
(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.
(g)
The Chief, or his designee, shall arrange for the testing locations
for the written, physical and oral testing phases.
(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 possessing a valid New Jersey Police Training Commission
certificate will be subject to the Departmental interview process
and not required to take a written examination.
(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.
(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.
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.
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.
A.
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.
B.
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.
C.
Each applicant shall be able to read, write and speak
the English language well and intelligently.
D.
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.
E.
Each applicant shall be 21 years of age or over and under the age of 35 years, except as provided in § 34-14B herein.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
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.
A.
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.
B.
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.
C.
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.
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.
[Added 10-13-2016 by Ord.
No. 60-2016]
A.
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.
B.
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.
C.
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.
D.
Rank and salary. Any person appointed as Chaplain shall serve in
that capacity without rank or salary.
E.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
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.
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:
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.