A. 
General qualifications of police officers. Except as otherwise provided by law, no person shall be appointed as a member of the Police Department and force unless he:
(1) 
Is a citizen of the United States;
(2) 
Is sound in body and in good health sufficient to satisfy the Board of Trustees of the Public Employees Retirement System of New Jersey as to his/her eligibility for membership in the retirement system;
(3) 
Is able to read, write and speak the English language well and intelligently;
(4) 
Is of good moral character and has not been convicted of any crime involving moral turpitude; and
(5) 
Shall meet the age, residence and other requirements as established by law.
B. 
Physical examination. Every member of the Police Department shall undergo a physical examination annually. The report of the physical must certify that the member is sound in body, in good health and able to perform his or her assigned duties as a member of the West Amwell Police Department.
C. 
Psychological examination. The Township Committee reserves the right to require members of the Police Department to undergo psychological examinations at any time. The report of said examination must certify that the member is in sound mental health and is able to perform his or her duties as a member of the West Amwell Police Department.
[Amended 9-7-1989 by Ord. No. 10-89]
A. 
Notice of test. Notice that an examination will be given for the purpose of selecting police officer candidates will be posted in all municipal buildings within the Township of West Amwell; forwarded to local and regional newspapers for advertisement; mailed to county colleges within the vicinity of the Township of West Amwell; and forwarded to any other entity at the discretion of the governing body.
B. 
Register with Police Department. All persons who desire to take the test for the purpose of selecting police officer candidates will complete a registration form to be filed with the Department. At the discretion of the governing body, a fee may be charged in conjunction with the registration form to compensate the Township for the cost of processing the same.
C. 
Administration of selection examination. The New Jersey State Chiefs of Police Association or any other entity authorized by the governing body will administer the examination for the purpose of selecting police officer candidates.
D. 
List to be prepared. After the selection examination has been concluded and scored, the fist of applicants and their respective scores will be forwarded to the Township Committee. The five highest scoring applicants from the selection examination will be invited to take an oral examination. If one or more of the top five candidates declines to take the oral examination, the next highest scoring candidate(s) will be selected until a list of five is completed. A candidate will not be selected until it is certain that the qualifications as provided by the municipal ordinance are fulfilled.
E. 
Oral examination. An oral examination will be administered by the New Jersey State Chiefs of Police Association or any other entity authorized by the governing body. Scores for the applicants who take the oral examination will be forwarded to the Township Committee.
F. 
Physical agility test. The applicants who complete the oral examination will be invited to take a physical agility test to be administered by the Township Committee in cooperation with an outside agency or entity approved by the governing body. Scores and/or results will be listed for each applicant and provided to the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
G. 
Selection of a candidate. After the testing process has been completed, the governing body will select a final candidate. At the discretion of the governing body, applicants may be invited to interview with the Township Committee. The method for selecting the final candidate will be primarily based upon the results of the tests that were administered, though the needs of the citizens of the Township and consideration of the Police Department will be carefully weighed as well.
H. 
Final candidate(s). The final candidate(s) will be notified by the governing body and asked to submit to medical and psychological examinations and a background investigation. In those instances where the governing body is unable to select a single candidate, it may invite more than one applicant to take a medical and psychological examination.
I. 
Medical examination. The purpose of the medical examination is to ensure that the successful candidate will be able to tolerate the physical rigor that may be part of a police officer's daily routine. The governing body will invite the final candidate(s) to take a medical examination and provide a medical history to a physician selected by the governing body.
J. 
Psychological examination. The final candidate(s) will be required to undergo a psychological examination. The purpose of the psychological examination is to ensure that the successful candidate will be able to tolerate the stressful situations that arise in the performance of the police service. In addition, the psychological examination is also intended to point out applicants who may be too aggressive for the position of police officer.
K. 
Background investigation. The Township Committee will coordinate a thorough background investigation of the final candidate(s). The purpose of the background investigation is to ensure that the successful candidate(s) has the integrity and moral character desired in police officers. The background investigation will include criminal, motor vehicle and personal histories.
[Amended 12-19-1990 by Ord. No. 17-90]
L. 
Appointment. After completing all phases of the selection process as outlined herein, the governing body will select a single candidate or more if more than one vacancy exists in the Police Department. At this point the candidate will be offered a position with the Township of West Amwell as a police officer. If the candidate declines the appointment, a second candidate will be selected. This process will continue until a candidate agrees to the appointment. In those instances where candidates decline an appointment and the governing body elects not to offer the position to another applicant, the governing body may elect to begin the selection process again from the point of offering a second selection examination.
M. 
Date of hire. The successful candidate will be officially appointed to the position of police officer, Township of West Amwell, no sooner than one week prior to the start of basic police officer training at an approved police training academy.
N. 
Additional method of selection.
(1) 
In addition to the procedures set forth in Subsection A et seq., the governing body may also consider for selection to the position of police officer individuals who are school trained and who have a minimum of one year's experience as a police officer.
(2) 
Such individuals must complete a registration form to be filed with the Department.
(3) 
The provisions of Subsections C through H and K shall not apply to such individuals.
(4) 
After completing all phases of the selection process applicable to these individuals, the governing body will select a single candidate or more if more than one vacancy exists in the Police Department. At this point the candidate will be offered a position with the Township of West Amwell as a police officer. If the candidate declines the appointment, a second candidate will be selected. This process will be continued until the candidate agrees to the appointment. In those instances where a candidate declines an appointment and the governing body elects not to offer the position to another applicant, the governing body may elect to begin the selection process again.
(5) 
The successful candidate or candidates will be officially appointed to the position of police officer of the Township of West Amwell immediately.
(6) 
This method of selection shall apply only to the position of police officer and shall not apply to any position of superior rank.
All new police officers and civilian employees, before this assignment to duty and prior to their promotion to higher ranks, shall be required to take an oath of office as follows: "I (name of police officer or employee) do solemnly swear or affirm that I will support the constitution of the State of New Jersey and of the United States, and that I will faithfully, impartially and justly discharge the duties of (state rank or position) of the Township of West Amwell according to the best of my ability."
Appointment of a police officer to the Police Department is for a probationary period of one year after his/her appointment after successful completion of a police training course at an approved school. Upon graduation from said approved training course and followed by satisfactory completion of 12 months of employment, the police officer shall be deemed a permanent member of the West Amwell Township Police Department, however, after successful completion of the police academy, probation may be extended by the appropriate authority. A fully trained officer will become a permanent member of the West Amwell Township Police Department one year from the date of hiring. Continuation in the service is dependent upon the conduct of the appointee and his fitness to perform his duties. At the termination of the probationary period, if the conduct or capacity of the probationer has not been satisfactory, he shall be notified, in writing, that he will not receive absolute appointment, and his services shall be terminated without a trial by the Township Committee.[1]
[1]
Editor's Note: Former § 38-61, Procedures for promotion, which immediately followed this section, was redesignated § 38-11.
[Amended 12-19-1990 by Ord. No. 17-90]
Members and employees operating Department motor vehicles shall possess a valid New Jersey license. Whenever a driver's license is revoked, suspended or lost by a member of the Department, he shall immediately notify the Township Committee, giving full particulars.
A. 
Upon separation from the Department. Members and employees are required to surrender all Department property in their possession upon separation from the service. For failure to return a nonexpendable item, the person concerned will be required to reimburse the Department for the fair market value of the article.
B. 
Under suspension. Any member under suspension shall immediately surrender his badge, firearm, I.D. card and all other Department property to the Township Committee or appropriate authority, if applicable, pending disposition of the case. Any employee under suspension shall immediately surrender all Department or municipal property to the Township Committee or appropriate authority, if applicable. Said employee/member shall not be allowed in police headquarters except on official business and under the supervision of the Township Committee, as the case may be.
[Amended 12-19-1990 by Ord. No. 17-90]
[Amended 12-19-1990 by Ord. No. 17-90]
Members and employees who have sustained injury while off duty and who received salary from the Township while injured shall notify the Township Committee, in writing, of any intent to seek, sue, solicit or accept compensation as damage for such injury. This notice shall be filed before any action is taken. It shall include the facts of the claim and the name of the respondent.
A. 
Hours of duty.
(1) 
Members of the Department shall have regular hours assigned to them for active duty and, when not so employed, they shall be considered off duty. They shall, however, be subject to duty as needed.
(2) 
The fact that they technically may be off duty shall not be held as relieving members from the responsibility of taking proper police action on any matter coming to their attention at any time.
B. 
Days off. Members and employees are entitled to days off duty which are to be taken according to a schedule arranged by the highest ranking officer.
[Amended 12-19-1990 by Ord. No. 17-90]
C. 
Suspension of vacation, day off or leave of absence. Any vacation, day off or leave of absence may be suspended when a sudden and serious emergency arises and when, in the judgment of the highest ranking officer, such action should be taken.
[Amended 12-19-1990 by Ord. No. 17-90]
D. 
Absence from duty for five days continuously. Except as otherwise provided by law, any permanent member or officer of the Department who shall be absent from duty without just cause or leave of absence for a continuous period of five days shall cease to be a member of the Department. (References: N.J.S.A. 40A:14-122 and N.J.A.C. 4:1-16.14.)
E. 
Selection of vacation. Annual vacation periods shall be selected according to seniority within the individual ranks. In the ranks above police officer, when the accrued seniority in rank is equal, the determining factor shall be the member's respective position on the eligibility list which determined the order of his appointment to that grade.
F. 
Vacation scheduling. Vacation schedules shall be arranged by the highest ranking officer. The highest ranking officer shall determine the number of members who may be granted vacation at a given vacation period.
[Amended 12-19-1990 by Ord. No. 17-90]
G. 
Vacation address. A report of a vacation address is not required from a member or employee whose vacation has been approved.
H. 
Split vacation. Split vacation periods may be granted to any member or employee of the Department, provided that permission has been obtained from the highest ranking officer; however, once vacation periods have been assigned, they shall be completed without interruption unless it becomes necessary by reason of emergency to suspend them.
[Amended 12-19-1990 by Ord. No. 17-90]
I. 
Exchange of days off. When mutually agreeable, any two members may exchange days off, but may do so only with the approval of the highest ranking officer.
[Amended 12-19-1990 by Ord. No. 17-90]
A. 
Reporting sick or injured. Members and employees unable to report for duty because of sickness or injury shall make an immediate report to the officer in charge no less than two hours prior to his scheduled tour of duty, either in person or by telephone, setting the reason for his absence. If unable to report, a relative or other responsible person shall notify the officer in charge of all pertinent facts, either in person or by telephone. Upon becoming available for active duty, the member shall notify the officer in charge no later than two hours prior to his scheduled tour of duty.
B. 
Address of confinement. Members and employees, when sick or injured, shall be responsible for notifying the officer in charge as to their place of confinement or of any subsequent change in their place of confinement.
C. 
Sick or injured on duty. Members taken sick or injured on duty shall report the fact to a superior officer and shall remain on duty until relieved, unless excused by a superior officer. The only exception to this rule would be where the sickness or injury is disabling to the point of preventing compliance.
D. 
Unauthorized absence. Members or employees who absent themselves in an improper manner shall be subject to disciplinary action. Unauthorized absence occurs when members or employees:
(1) 
Feign illness or injury.
(2) 
Deceive the Department Physician in any way as to their true condition.
(3) 
Are injured or become sick as the result of improper conduct or of intemperate, immoral, vicious habits or practices.
(4) 
Violate any provisions concerning reporting of sickness or injury.
(5) 
Are not at home or at their place of confinement when visited by the Department Physician or a superior officer.
E. 
Convalescent time. Any police officer on sick or injured leave, in conformance with the Salary Ordinance,[1] will be confined to his home unless specifically excused by the Department Physician or, if the Department Physician is not available, by the ranking superior officer at the time the request is made. If any police officer is on sick or injured leave for an extended time, the Department, with the approval of the Department Physician, has the right to place the officer on convalescent duty. This duty assignment will be at the discretion of the highest ranking officer.
[Amended 12-19-1990 by Ord. No. 17-90]
[1]
Editor's Note: See Ch. 45, Salaries and Compensation.
A. 
Military reserve leave. A member or employee who is a member of the organized reserve of the Army of the United States, United States Marine Corps Reserve, United States Air Force Reserve, United States Naval Reserve or other affiliated organization shall be entitled to leave of absence from duty without loss of pay or time on all days during which he shall be engaged in field training. Such leave of absence shall be in addition to the regular vacation allowed such member or employee. (Source: N.J.S.A. 38:23-1.)
B. 
Enlistment or reenlistment in national or state military organization. Members and employees of the Department shall not enlist, reenlist or accept a commission in any federal or state military organization without having made prior notification to the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
C. 
Extended leave; surrender of Department property. Before reporting for extended military service, police officers of the Department shall surrender all Department property held by them to their commanding officer.
D. 
Field training. Members or employees going on military leave for field training must notify the Township Committee at least 30 days before the date their training period is scheduled to begin. They must also submit copies of their official military orders at least five days prior to the date they are to report for duty.
[Amended 12-19-1990 by Ord. No. 17-90]
E. 
Draft Board determination. When a member or employee has been classified 1-A by Selective Service or ordered to report for examination, he shall immediately notify the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
A. 
Death or serious injury. When a member is killed or seriously injured on or off duty, his immediate supervisor will, as soon as possible, verbally notify the Township Committee. This will be followed by the immediate submission of a report of the facts. Information shall include the date, location, cause, extent of injuries and property damage. "Serious injury" in this instance means an injury which could result in death or disability.
[Amended 12-19-1990 by Ord. No. 17-90]
B. 
Death of member or employee. Any member or employee receiving notice of the death of any other member or employee shall immediately notify the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
C. 
Nonserious injury. In cases where the injuries are other than of a serious nature, a written report will be submitted prior to reporting off duty unless authorized by a superior officer to defer the same to a later date. The report shall include all information required above. These reports are in addition to those accident and sick reports otherwise required.
D. 
Notification of family. The family of a member or employee killed or seriously injured on duty shall be personally notified by the highest ranking member available.
[Amended 12-19-1990 by Ord. No. 17-90]
All resignations of members or employees must be in writing and bear the signature of the person resigning. Members or employees shall provide the Township Committee no less than two weeks' written notice. A member or employee who resigns without giving the required notice shall be held as having resigned not in good standing.
[Added 5-17-1990 by Ord. No. 5-90]
A. 
Grievance defined. A "grievance" is any complaint or question arising between the employers and the employee or between the employee and the Township Committee as to the meaning, application or operation of the provisions of these rules and regulations or with respect to wages, hours of work or other conditions of employment.
[Amended 12-19-1990 by Ord. No. 17-90]
B. 
Procedure. For the purpose of providing an orderly method for handling and disposing of grievances, as defined, it is hereby agreed that all such grievances shall be adjusted as follows:
(1) 
Step 1. The West Amwell Police Officer Representative shall present the grievance, in writing, to the highest ranking officer within five days after the employee knew or should have known of the grievance, but in no event later than 30 days after the occurrence of the facts giving rise to the grievance. The highest ranking officer shall answer the grievance, in writing, within 10 days from the date of presentation.
[Amended 12-19-1990 by Ord. No. 17-90]
(2) 
Step 2. If the grievance is not resolved at Step 1 or if no answer has been received, the West Amwell Township police representative, within five days of receipt of the written response or expiration of the time for said response, shall submit the written Step 2 grievance to the Township Committee. This presentation shall set forth the nature of the grievance involved, the applicable provisions of these rules and regulations, if applicable, claimed to have been violated and the position of the West Amwell Township police officers with respect to the same. The Township Committee shall respond in writing to the grievance within 30 days after receipt of the same.
(3) 
Step 3. If the grievance has not been satisfactorily resolved in Step 2 or if no response has been received within the time permitted, then no later than 10 days from the latter of the two foregoing events, the West Amwell Township police officers and only the West Amwell police officers may, as a last resort, refer the matter to arbitration or fact-finding through the procedures of the Public Employment Relations Commission (PERC) for selection of an arbitrator.
(a) 
The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties.
(b) 
The arbitrator's decision shall be in writing and shall be issued not later than 30 calendar days after the close of the arbitration hearing. The decision shall set forth the arbitrator's findings of fact, reasons and conclusions on the issue or issues submitted.
(c) 
The arbitrator shall be bound by the provisions of this agreement and shall be restricted to the application of the facts presented in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this agreement or amendment or supplement thereto.
(d) 
In cases involving back pay, the arbitrator may award such back pay only to the date for which the grievance was filed.
C. 
Extension of time limits. All of the time limits contained in this section of the agreement may be extended by mutual consent. Unless such time limits are extended by mutual consent, the failure to observe the time limits herein stated for the presentation of the grievance or submission of said grievance or right to arbitration can be deemed a settlement thereof. All days referred to herein shall be calendar days.