[HISTORY: Adopted by the Mayor and Council
of the Borough of Mendham 11-4-1974 as Ch. 28 of the 1974 Code. Amendments noted when applicable.]
A Police Department is hereby established in
the Borough of Mendham, in the County of Morris and State of New Jersey.
[Amended 5-5-1975 by Ord. No. 10-75; 2-6-1989 by Ord. No. 2-89; 1-20-1998 by Ord. No. 1-98; 6-7-1999 by Ord. No. 15-99]
The Police Department of the Borough of Mendham
shall consist of a Chief of Police, not more than one Police Captain,
not more than one Police Lieutenant, not more than four Police Sergeants
and not more than seven police patrol officers. The actual numbers
of incumbents, if any, in each position at any particular time shall
be determined solely by the Borough Council based upon what it deems
necessary to properly preserve peace and good order in the Borough
of Mendham and may be less than the maximum herein established. The
maximum numbers herein established for Sergeants and patrolmen may
include investigators.
[Amended 6-7-1999 by Ord. No. 15-99]
The Borough Council may, from time to time,
establish, amend or repeal such rules and regulations as it may deem
necessary to establish efficient and effective operation of the Police
Department and to secure proper and capable law enforcement for the
protection, health, safety and welfare of the Borough of Mendham and
its citizens. The Borough Council shall serve as the appropriate authority,
as the same is defined in N.J.S.A. 40A:14-118, to whom the Chief of
Police shall be directly responsible for the efficiency and routine
day-to-day operations of the Police Department.
The members of the Police Department shall be
appointed and designated by the Borough Council and shall receive
such salaries as may be provided by the Salary Ordinance[1] of the Borough.
[1]
Editor's Note: The Salary Ordinance is on
file in the Borough offices.
Members of the Mendham Police Department, as
presently constituted, are hereby continued in their respective offices
or positions, at the salaries established by the Salary Ordinance
now in effect. Nothing contained in this chapter shall be considered
as affecting the rank and tenure heretofore acquired by any member
of the existing Department.
No person shall be appointed a member of the
Police Department of the Borough of Mendham unless he or she is:
A.
A citizen of the United States.
B.
Sound in body and of good health sufficient to satisfy
the Board of Trustees of the Police and Firemen's Retirement System
of New Jersey that he or she is eligible to membership in the retirement
system.
[Amended 6-7-1999 by Ord. No. 15-99]
C.
Able to read, write and speak the English language
well and intelligently.
D.
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.[1]
[1]
Editor's Note: Former Subsection E, pertaining
to age requirements, and former Subsection F, pertaining to weight
restrictions, which immediately followed this subsection, were repealed
6-7-1999 by Ord. No. 15-99.
E.
Has a minimum of an associate's degree or has served
a minimum of two years active duty in a branch of the military service.
[Added 6-7-1999 by Ord. No. 15-99; amended 11-20-2000 by Ord. No.
19-00]
[Added 10-3-1983 by Ord. No. 11-83]
There shall be a Police Chaplain, who shall
be appointed by the Mayor and Council for a term of one year from
the first day of January. The Police Chaplain shall be a fully ordained
clergyman in good standing in the religion of his or her faith and
shall serve voluntarily and without compensation. The duties of the
Police Chaplain shall be to act as a special assistant to the Chief
of Police and as an advisor to all members of the Police Department.
[Amended 9-7-1976 by Ord. No. 7-76; 5-1-1978 by Ord. No. 11-78]
Every applicant for membership in the Mendham
Police Department shall be employed for a period of at least one year
on a probationary basis prior to permanent appointment as a patrol
officer. In the case of an applicant having recent prior service as
a police officer in a governmental law enforcement agency or in a
position comparable thereto in terms of relevant training and experience,
the Borough Council may, by resolution, decrease the period of probation
to a minimum of six months' employment. Any probationary patrol officer
shall comply with state laws and any and all rules and regulations
as promulgated by the Borough Council.[1]
[1]
Editor's Note: Original § 28-9,
Special police, which immediately followed this section, was repealed
6-7-1999 by Ord. No. 15-99.
[Amended 6-7-1999 by Ord. No. 15-99]
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 Mendham in connection with their attendance 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 Chief
of Police or his or her designee.
[Amended 6-7-1999 by Ord. No. 15-99]
No person who shall serve as school guard or
who shall perform any duties of a police nature, other than as a probationary
patrol officer, prior to appointment as a regular member of the Mendham
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 patrol officers shall be entitled
to credit for service during their probationary periods.
Every person appointed to the Police Department,
in whatever capacity, shall, prior to entering upon his or 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.
A medical doctor authorized to practice medicine in
the State of New Jersey shall be appointed by the Mayor, subject to
confirmation by the Borough Council. The Police Physician shall examine
all members of the police force or appointees to the force whenever
required by this chapter or the rules and regulations as promulgated
by the Borough Council and shall report, in writing, the result of
such examinations with his or her opinions as to physical fitness
for police work of the person examined.[1]
[1]
Editor's Note: Former Subsection B, pertaining
to physical examinations every two years, as amended, which immediately
followed this subsection, was repealed 6-7-1999 by Ord. No. 15-99.
B.
Every member of the Mendham Police Department must
maintain himself or herself in proper physical condition and good
appearance at all times. The Council of the Borough of Mendham or
the Chief of Police may require any member of the Police Department
to be examined by the Police Physician when, in the opinion of said
Borough Council or Chief of Police, such member gives evidence that
he or she is unable to perform properly the duties of his or her position.
Nothing herein contained shall prevent such a member from submitting
supplemental evidence of his or her condition to be supplied by a
physician of his or her selection, in addition to that required by
the Council or Chief as above mentioned. Psychiatric examinations
may, in the discretion of the Chief of Police and subject to the approval
of the Public Safety Committee, be required at least every three years
from the date of last examination, with the records to be retained
by the examining physician.
[Amended 6-7-1999 by Ord. No. 15-99]
C.
Recommendations of the Police Physician for corrective
measures of physical deficiencies interfering with the duties of a
member of the Mendham Police Department shall be followed by such
member, subject to the approval of the member's personal physician.
A.
When any member of the Mendham Police Department who
has entered or hereafter shall enter the active military or naval
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 army or navy, he
or 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
or her discharge from such service. If any such person shall be incapacitated
by reason of wounds or sickness at the time of his or her discharge
from such service, his or her leave of absence shall be extended until
three months after his or her recovery from such wound or sickness
or until the expiration of two years from the date of his or her discharge
from such service, whichever shall first occur.
B.
In no case shall such person be discharged or separated
from his or her office, position or employment during such period
of leave of absence because of his or 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 or she would have
had or acquired if he or 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 or her at the time of his or her entrance into such service,
provided that he or she shall apply therefor before the expiration
of his or her said leave of absence. Upon resumption of his or 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 Mendham 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
than honorable discharge shall be entitled to any of the rights, privileges
or benefits herein conferred.
A.
When any member of the Police Department of the Borough
of Mendham is granted a leave of absence as hereinabove set forth
or pursuant to any law granting leaves of absence to persons entering
the military or naval 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 continuation
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.
B.
The Council, in making the temporary appointment,
may appoint any person who is not less than 18 nor more than 45 years
of age, who is a citizen of the United States, is sound in body, of
good health, 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.
C.
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.
Any person who has been or shall be appointed
a member of the Police Department of the Borough of Mendham while
serving in the military or naval 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 or 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 or her appointment,
notwithstanding the requirements of any other law concerning the appointment
of members to such Police Department.
A.
No person shall be removed from office or employment
in the Police Department of the Borough of Mendham for political reasons
or for any cause other than incapacity, misconduct, nonresidence in
state or disobedience of rules and regulations established for the
government of the police force and Department of the Borough of Mendham.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
No person, whether officer of or employee in such
Police Department of the Borough of Mendham, shall be suspended, removed
or reduced from office or employment therein except for just cause
as hereinbefore provided, and then only after written charge or charges
of the cause or causes of the complaint shall have been preferred
against such officer of or employee in said Police Department, signed
by the person or persons making such charge or charges, in the office
of the Clerk of the Borough of Mendham and a copy thereof filed and
a copy thereof served upon such person within 15 days after the filing
thereof and after the charge or charges shall have been publicly examined
by the Council of the Borough of Mendham, upon reasonable notice from
the Council to the person charged, which examination shall be commenced
not less than 15 days nor more than 30 days after said copy of such
charge or charges shall have been so served.
C.
It is intended by this section to give any person
against whom a charge or charges for any cause may be preferred under
this section a fair trial upon said charge or charges and every reasonable
opportunity to make his or her defense, if any, he or she has or chooses
to make. In the event of failure of compliance with any provision
in this section, such charge or charges shall be dismissed.
D.
The Council shall have the power to issue writs of
subpoena to compel the attendance of witnesses. Every person who neglects
or refuses to obey the command of such a writ shall be liable to a
penalty not exceeding $1,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination of these provisions, to be sued for in the name of
the Borough of Mendham in any court of competent jurisdiction. The
penalty, when collected, shall be paid into the general fund of the
Borough of Mendham.
[Amended 6-7-1999 by Ord. No. 15-99]
E.
If any officer of or employee in the Police Department
of the Borough of Mendham shall be suspended pending trial on charges,
such trial shall be commenced within 30 days after service of the
copy thereof upon him or her; otherwise, the charges shall be dismissed
and the officer or employee returned to duty.
F.
Any member of the Police Department of the Borough
of Mendham who has been convicted of any violation of any of the rules
and regulations of such Department by the Council of the Borough of
Mendham may appeal such conviction in the manner provided by law.
When the Council of the Borough of Mendham 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
of any of the higher ranks or grades of the Police Department, it
shall demote such member of 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 for reasons of economy shall be the first to be restored to
the rank from which he or she was demoted.[1]
[1]
Editor's Note: Former Subsection C, pertaining
to members or employees demoted or removed from office since January
1, 1933, which immediately followed this subsection, was repealed
6-7-1999 by Ord. No. 15-99.
[Added 10-4-1976 by Ord. No. 10-76]
Copies of accident reports and other police
records which may be required or authorized to be made available to
the public shall be provided by the Department upon request and payment
of the following fees:
A.
Record or report. Fees shall be as set forth in Chapter 102, Fees.
[Amended 4-21-1980 by Ord. No. 10-80]
C.
Copies by private citizens. If the custodian of any such records shall find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he or she may permit any citizen who is seeking to copy more than 100 pages of records to use his or her own photographic process, approved by the custodian, upon the payment of a reasonable fee, considering the equipment and the time involved, to be fixed by the custodian, as set forth in Chapter 102, Fees.
[Added 4-21-1980 by Ord. No. 10-80]
[Added 12-27-1979 by Ord. No. 22-79[1]]
Members of the Police Department shall be permitted
to accept extra-duty assignments as safety or security personnel for
private entities and school districts under the following terms and
conditions:
A.
Such extra duty shall be at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Borough and shall in no event be performed
during a regular-duty shift.
B.
Private entities and school districts shall pay to
the Borough such hourly sum as may be fixed from time to time by Borough
Council resolution as compensation for such service. The Borough shall
remit to the patrol officer performing the duty such portion of the
hourly rate as is not required for administrative expense, all as
fixed by resolution of the Borough Council.
C.
Before accepting any such extra-duty assignment, a
member of the Police Department shall obtain the approval of the Chief
of Police or Public Safety Chairperson, which shall be granted if,
in the opinion of the Chief or Chairperson, the assignment would not
be inconsistent with the efficient functioning and good reputation
of the Department. In such event, the Borough Council shall have the
ultimate authority to prohibit any particular assignment for good
cause appearing.
D.
The Chief of Police and the Borough Treasurer are
hereby authorized and directed to establish and implement such administrative
procedures as are necessary and desirable from time to time in dealing
with private entities and school districts as hereinabove set forth,
subject to approval by the Borough Council.
[1]
Editor's Note: Original § 28-19,
Casual employment of off-duty personnel, added 3-5-1979 by Ord. No.
2-79, was repealed 4-16-1979 by Ord. No. 9-79.
[Added 6-6-2011 by Ord. No. 4-11; 3-3-2014 by Ord. No. 1-14; 9-7-2017 by Ord. No. 8-17; 7-22-2019 by Ord. No. 6-19]
A.
This section governs all police promotions except for Chief of Police promotions, which are governed by § 38-21, entitled, "Chief of police promotional guidelines," of the Borough Code.
B.
Promotion policy.
(1)
The promotional process begins with identifying eligible officers
who have the potential for assuming greater responsibility and who
possess the skills, knowledge, and abilities required to perform at
the level being considered for promotion. The following policy shall
constitute the requirements and procedure of the promotional process
for eligible officers seeking promotion to the rank of Sergeant, Lieutenant,
and Captain of the Mendham Borough Police Department.
C.
Notice and eligibility.
(1)
Notice of testing pursuant to this section for the rank of Sergeant,
Lieutenant, and Captain shall be posted in the Police Department at
least 60 days prior to testing.
(2)
Eligibility requirements for the rank of Sergeant, Lieutenant, and
Captain will be in accordance with N.J.S.A. Title 40A, as well as
S.O.P. V2C18: PROMOTION.
D.
Promotion to Sergeant.
(2)
The above-stated components shall be defined as follows:
(a)
Written examination 30%: Candidates shall be competitively ranked
based upon their performance on a written examination administered
by the New Jersey Chiefs of Police Association (NJSACOP), the International
Association of Chiefs of Police (IACP), or another group qualified
and approved by the Borough Council.
(b)
Oral question and answer 30%: Candidates shall be competitively
ranked based upon their performance on an oral question and answer
examination administered by the NJSACOP, the IACP, or another group
qualified and approved by the Borough Council.
(c)
A personal interview 30%: A personal interview shall be conducted
by the 1) Chief of Police 1/4 in collaboration with 2) the Mayor 1/4,
3) the Public Safety Committee Chairperson (1/4, and 4) the Borough
Administrator 1/4. If any person on the interview committee cannot
attend or participate in the interview process, a replacement shall
be selected by the Mayor.
[1]
The personal interview phase will consist of a question and
answer session where the panel will ask each candidate the same 10
questions and each panel member will award points from zero to five
for each answer. Those points will be combined and divided by four
indicating a score between zero and 50.
[2]
The personal interview questions shall be based on the following
factors:
[a]
Major discipline involving the officer.
[b]
Evidence of supervisory and administrative ability,
including but not limited to previous and current special assignments.
[c]
Initiative and interest in law enforcement.
[d]
Training and career development.
[e]
Demeanor, including but not limited to efforts
in supporting Police Department goals and objectives; handling and
care of Police Department equipment; and communication/interaction
with fellow employees and the public.
[f]
The applicant shall present a personal resume of
experience and accomplishments.
(d)
Seniority 10%: Seniority shall be assessed as the final stage
of the selection process.
[1]
Seniority shall be worth 1/2 of a percentage point for every
year of service with the Mendham Borough Police Department, not to
exceed 10 percentage points.
[2]
Seniority shall be determined by service completed as of the
date the notice of the promotional examination is posted.
[3]
The computation shall be prorated based on time of service.
(3)
Promotional evaluation:
(a)
The components for the selection process for promotion to the
level of Sergeant shall be weighted in accordance with the following
percentages:
(b)
The candidate receiving the highest cumulative percentage of all components shall be recommended for promotion to the rank of Sergeant by the Mayor and Mendham Borough Council. In order to qualify for said promotion, a candidate must pass the medical and psychological components outlined in Subsection D(4).
(c)
In the event of a tie, the Mayor and Council shall select the
candidate.
(d)
Final approval for promotion shall only be made with the endorsement
of the Mendham Borough Council.
(4)
Medical examination and psychological screening.
(a)
Prior to the submission of recommendation for promotion, the
highest scoring candidate shall undergo a medical examination and
a psychological screening by a physician designated by the Borough,
at the Borough's expense.
[1]
The chosen candidate may, at the discretion of the Chief, forego
the medical examination and psychological screening if same have occurred
within the previous two-year period.
(5)
Promotional list.
(a)
Candidates who successfully completed the promotional process
but did not receive a promotion shall be placed on a promotional list
for the rank of Sergeant.
[1]
The promotional list shall be active for a period of two years
from the publication date of the final test results.
[2]
The highest scoring candidate on the list shall be recommended for promotion to the rank of Sergeant without further promotional examination within the two-year time frame pursuant a medical examination and psychological screening outlined above in Subsection D(4).
[3]
The establishment of the promotional list shall be made by the
Mayor and Council, adopted via resolution, and posted in the Police
Department.
(6)
Summary.
(a)
Upon completion of the promotional process, each candidate shall
be provided their testing results totaled in a written review format
that includes the following results:
(7)
Appeal procedure.
(a)
Within 10 days of the posted promotional testing results, a
candidate may file a written letter of appeal. Said letter must contain
the reason(s) or justification(s) for an appeal and must be submitted
to the Chief of Police. The Chief of Police will assess the request,
and make a determination regarding the merits of the appeal. Such
requests may address the following areas of the promotional process:
[1]
Review and retabulation of the scored elements or the selection
process.
[2]
Review any evaluated internal document(s) used in the selection
process related to the appellant.
[3]
If the appeal impacts upon the results of the promotion ranking
as determined by the Chief of Police, the candidate's score may
be permitted to be retabulated.
E.
Promotion to lieutenant.
(2)
The above stated components shall be defined as follows:
(a)
Written examination (25%): Candidates shall be competitively
ranked based on their performance on a written examination administered
by the NJSACOP, the IACP, or another group equally qualified and approved
by the Borough Council.
(b)
Oral question and answer (25%): Candidates shall be competitively
ranked based upon their performance on an oral question and answer
examination administered by the NJSACOP, the IACP, or another group
qualified and approved by the Borough Council.
(c)
A personal interview (40%): A personal interview shall be conducted
by the 1) Chief of Police (1/3) in collaboration with 2) the Mayor
(1/3), and 3) the Borough Council (1/3).
[1]
The personal interview phase will consist of a question and
answer session where the panel will ask each candidate the same 10
questions and each panel member will award points from zero to five
for each answer. Those points will be combined and divided by three
indicating a score between zero and 50.
[2]
The personal interview questions shall be based on the following
factors:
[a]
Major disciplinary matters involving the officer.
[b]
Evidence of managerial and administrative ability,
including but not limited to previous and current special assignments.
[c]
Initiative and interest in law enforcement.
[d]
Training and career development.
[e]
Demeanor, including but not limited to efforts
in supporting Police Department goals and objectives; handling and
care of Police Department equipment; and communication/interaction
with fellow employees and the public.
[f]
General knowledge of current departmental operation.
[g]
Ability to solve problems through creative concepts.
[h]
The applicant shall present a personal resume of
experience and accomplishments.
(d)
Seniority (10%): Seniority shall be assessed as the final stage
of the selection process.
[1]
Seniority shall be worth 1/2 of a percentage point for every
year of service with the Mendham Borough Police Department, not to
exceed 10 percentage points.
[2]
Seniority shall be determined by service as of the date the
promotional examination is posted.
[3]
The computation shall be prorated based on the time of service.
(3)
Promotional evaluation:
(b)
The candidate receiving the highest cumulative percentage of all components shall be recommended for promotion to the rank of Lieutenant by the Mayor and Mendham Borough Council. In order to qualify for said promotion, a candidate must pass the medical and psychological components outlined in Subsection E(4).
(c)
In the event of a tie, the Mayor and Council shall select the
candidate.
(d)
Final approval for promotion shall only be made with the endorsement
of the Mendham Borough Council.
(4)
Medical examination and psychological screening.
(a)
Prior to the submission of recommendation for promotion, the
highest scoring candidate shall undergo a medical examination and
a psychological screening by a physician designated by the Borough,
at the Borough's expense.
(b)
The chosen candidate may forego the medical examination and
psychological screening if same has occurred within the previous two-year
period.
(5)
Promotional list.
(a)
Candidates who successfully completed the promotional process
but did not receive a promotion shall be placed on a promotional list
for the rank of Lieutenant.
(b)
The promotional list shall be active for a period of two years
from the publication date of the final test results.
(c)
The highest scoring candidate on the list shall be recommended for promotion to the rank of Lieutenant without further promotional examination within the two-year time frame pursuant a medical examination and psychological screening outlined above in Subsection E(4).
(d)
The establishment of the promotional list shall be made by the
Mayor and Council and adopted via resolution.
(6)
Summary.
(a)
Upon completion of the promotional process, each candidate shall
be provided their testing results totaled in a written review format
which includes the following results:
(7)
Appeal procedure.
(a)
Within 10 days of the posted promotional testing results, a
candidate may file a written letter of appeal. Said letter must contain
the reason(s) or justification(s) for an appeal and must be submitted
to the Chief of Police. The Chief of Police will assess the request,
and make a determination of the merits of the appeal. Such requests
may address the following areas of the promotional process:
[1]
Review and retabulation of the scored elements or the selection
process.
[2]
Review any evaluated internal document(s) used in the selection
process related to the appellant.
[3]
If the appeal impacts upon the results of the promotion ranking
as determined by the Chief of Police and the governing body, the candidate's
score may be permitted to be retabulated.
F.
Promotion to captain.
(2)
The above stated components shall be defined as follows:
(a)
Written examination (25%): Candidates shall be competitively
ranked based on their performance on a written examination administered
by the New Jersey Chiefs of Police Association, the International
Association of Chiefs of Police, or another group equally qualified
and approved by the Borough Council.
(b)
Oral question and answer (25%): Candidates shall be competitively
ranked based upon their performance on an oral question and answer
examination administered by the NJSACOP, the IACP, or another equally
qualified group approved by the Council.
(c)
A personal interview (40%): A personal interview shall be conducted
by the 1) Chief of Police (1/3) in collaboration with 2) the Mayor
(1/3), and 3) the Borough Council (1/3).
[1]
The personal interview phase will consist of a question and
answer session where the panel will ask each candidate the same 10
questions and each panel member will award points from zero to five
for each answer. Those points will be combined and divided by four
indicating a score between zero and 50.
[2]
The personal interview phase will account for 40% of the final
score.
[3]
The personal interview shall be based on the following factors:
[a]
Major disciplinary matters involving the officer.
[b]
Evidence of managerial and administrative ability,
including but not limited to previous and current special assignments.
[c]
Initiative and interest in law enforcement.
[d]
Training and career development.
[e]
Demeanor, including but not limited to efforts
in supporting Police Department goals and objectives; handling and
care of Police Department equipment; and communication/interaction
with fellow employees and the public.
[f]
General knowledge of current departmental operation.
[g]
Ability to solve problems through creative concepts.
[h]
The applicant shall present a personal resume of
experience and accomplishments.
(d)
Seniority (10%): Seniority shall be assessed as the final stage
of the selection process.
[1]
Seniority shall be worth 1/2 of a percentage point for every
year of service with the Mendham Borough Police Department not to
exceed 10 percentage points.
[2]
Seniority shall be determined by service as of the date the
promotional examination is posted.
[3]
The computation shall be prorated based on the time of service.
(3)
Promotional evaluation:
(a)
The components for the selection process for promotion to the
level of Captain shall be weighted in accordance with the following
percentages:
(b)
The candidate receiving the highest cumulative percentage of all components shall be recommended for promotion to the rank of Captain by the Mayor and Mendham Borough Council. In order to qualify for said promotion, a candidate must pass the medical and psychological components outlined in Subsection F(4) below.
(c)
In the event of a tie, the Mayor and Council shall select the
candidate.
(d)
Final approval for promotion shall only be made with the endorsement
of the Mendham Borough Council.
(4)
Medical examination and psychological screening.
(a)
Prior to the submission of recommendation for promotion, the
highest scoring candidate shall undergo a medical examination and
a psychological screening by a physician designated by the Borough,
at the Borough's expense.
[1]
The chosen candidate may forego the medical examination and
psychological screening if same has occurred within a two-year period.
(5)
Promotional list.
(a)
Candidates who successfully completed the promotional process
but did not receive a promotion may be placed on a promotional list
for the rank of Captain.
[1]
The promotional list shall be active for a period of two years
from the publication date of the final test results.
[2]
The highest scoring candidate on the list shall be recommended for promotion to the rank of Captain without further promotional examination within the two-year time frame pursuant a medical examination and psychological screening outlined above in Subsection F(4).
[3]
The establishment of the promotional list shall be made by the
Mayor and Council and adopted via resolution.
(6)
Summary.
(a)
Upon completion of the promotional process, each candidate shall
be provided their testing results totaled in a written review format
which includes the following results:
(7)
Appeal procedure.
(a)
Within 10 days of the posted promotional testing results, a
candidate may file a written letter of appeal. Said letter must contain
the reason(s) or justification(s) for an appeal and must be submitted
to the Chief of Police. The Chief of Police will assess the request,
and make a determination of the merits of the appeal. Such requests
may address the following areas of the promotional process:
[1]
Review and retabulation of the scored elements or the selection
process.
[2]
Review any evaluated internal document(s) used in the selection
process related to the appellant.
[3]
If the appeal impacts upon the results of the promotion ranking
as determined by the Chief of Police and the governing body, the candidate's
score may be permitted to be retabulated.
G.
All promotions.
(1)
Prior to conducting an examination, all potential candidates shall
be given, by the Chief of Police (or in the case of the Chief of Police
position, by the Mayor), a set of rules and guidelines including a
statement to be completed that there was no communication with members
of the governing body regarding the test and promotional procedures.
[Added 9-7-2017 by Ord.
No. 8-17]
A.
This policy is established for the position of Chief of Police. The
following shall constitute the requirements and procedure of promotional
process for the officers seeking to be promoted to Chief of Police
of the Mendham Borough Police Department.
B.
The Borough Administrator shall announce the promotional process
to members of the Police Department by posting the announcement in
the common area of the Police Department and/or the Police Department
bulletin board. The posting announcement shall contain, at a minimum,
the rank to be filled, years of experience required in subsequent
rank, and prospective date for the interview. Candidates who qualify
shall notify the Borough Administrator of their interest in the promotion
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 promotional process.
C.
In order to be eligible for promotion to the position of Chief of
Police, a candidate must have:
(1)
At least seven years of experience in the Mendham Borough Police
Department; and
(2)
At least three years of experience as a sergeant with the Mendham Borough Police Department, which may be counted toward the seven years of experience in Subsection C(1); and
(3)
A college bachelor's degree shall be required for this position
if it becomes vacant and a notice of promotional exam is issued effective
January 1, 2019.
D.
Written essay (20%). The Mayor or a subcommittee of the governing
body of the Borough will administer and score the essay.
(1)
A candidate is required to submit a written essay consisting of no
more than 1,000 words as follows:
(a)
A date and time will be designated for the candidates to appear
and sit for the written essay examination.
(b)
The written essay question will be released 48 hours in advance
of the date and time designated. The candidate shall appear at the
specified time and prepare a handwritten response (or laptops will
be provided).
(c)
The candidate's essay will be graded and scored based upon
the following factors:
(2)
Each factor will be scored up to 4% of the overall score of 20%.
The written essay will constitute a total of 20% of a candidate's
overall score.
E.
Written examination (20%).
(1)
Each candidate will be provided a written examination, consisting
of a minimum of 20 questions, which will be administered by an outside
qualified agency.
(2)
Each question will be tailored to examine the candidate's basic
police knowledge and each question will account for 1% of a candidate's
overall score.
F.
Oral interviews (40%).
(1)
The Mayor and/or available council members will interview each candidate.
(2)
This interview will be developed and structured by the Mayor and
Council. Factors to be considered by the Committee in scoring the
interview shall be:
(a)
The candidate's performance/leadership skills.
(b)
The candidate's initiative.
(c)
The candidate's breadth of knowledge.
(d)
The candidate's experience, administrative ability, and
decisionmaking ability.
(e)
The candidate's training.
(f)
The candidate's career development.
(g)
The candidate's supervisory knowledge.
(h)
The candidate's supervisory experience.
(i)
Efforts in supporting Department goals and objectives.
(j)
Handling and care of Police Department equipment.
(k)
Communication and interaction with fellow employees and the
public.
(l)
Commendation.
(m)
Appearance and demeanor.
(n)
Special assignments.
G.
Seniority (20%).
(1)
Seniority will be assessed as the final stage of the promotional
process for all candidates for all ranks.
(2)
Seniority shall be worth 1/2 of a percentage point for every year
of service with the Mendham Borough Police Department, and an additional
1/2% for each year of service in a Supervisor position up to a maximum
of 20%.
(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.
Time shall be rounded to the nearest month.
H.
Final overall examination score.
(1)
The written essay is worth a maximum of 20%.
(2)
The written examination is worth a maximum of 20%.
(3)
The personal interview is worth a maximum of 40%.
(4)
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.
Residency shall prevail over all seniority in the case of candidates
who are ranked equally.
(5)
Seniority is worth 1/2 of a percentage point for every year of service
completed with the Mendham Borough Police Department, up to a maximum
of 20%.
(6)
The candidate receiving the highest overall final score for the rank
of Chief of Police shall be recommended by the Police Promotional
Committee to the Mayor and the Borough Council, subject to the results
of both the physical and psychological examinations as required. Satisfactory
psychological examination and certification by a Borough-selected
physician and/or psychologist 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.
I.
The appointment of a Chief of Police is that of the Mayor with the
advice and consent of the Council. The Mayor may elect to reserve
his right and nominate the candidate of his choice; the following
guidelines are recommended by the Council for consideration.
