Ordinance No. 04-12

Introduced: February 2, 2012
Public Hearing: March 1, 2012
Status: Adopted

An ordinance amending and replacing Division 10, “Department of Police and Emergency Management,” of Article 3, “General Administrative Organization,” of Chapter 2, “Administration,” of the Revised Ordinances of the Township of Randolph

WHEREAS, pursuant to N.J.S.A 40 A:14-118, the governing body of a municipality is empowered to create and establish, as an executive and enforcement function of municipal government, a Police Department; and

WHEREAS, ordinances regulating Police Departments are subject to modification due to the changing needs of a municipality and to enhance the efficiency and effectiveness of the operations of a Police Department; and

WHEREAS, the Township of Randolph deems it to be in the best interests of the Township and the Department of Police and Emergency Management to amend the current ordinances regulating the Township of Randolph Department of Police and Emergency Management.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Division 10, “Department of Police and Emergency Management”, of Article 3, “General Administrative Organization”, of Chapter 2, “Administration”, of the Revised Ordinances of the Township of Randolph, County of Morris, State of New Jersey, shall be deleted in its entirety and replaced by the following:

Sec. 2-321. Continuation of police department.

(a) The department of police, also known as the police department, as heretofore created, is hereby continued.

(b) The police department shall, within the township, preserve the peace, protect life and property, and prevent and detect crime. It shall have all the functions, powers and duties prescribed by regulations, ordinances or general law for a municipal police force.

(c) The head of the police department shall be the chief of police, who shall be appointed by the township manager. The chief of police shall be directly responsible to the township manager, for the efficiency and day to day operations of the police department. Pursuant to policies established by the township manager, the chief of police shall:

(1) Administer, maintain, and enforce the rules and regulations/policies and procedures of the police department and any special emergency directive for the disposition and discipline of the department and its members and officers; and

(2) Have, exercise, and discharge the functions, powers, and duties of the police department; and

(3) Prescribe the duties and assignments of all subordinates and other personnel within the organization; and

(4) Delegate such authority as may be deemed necessary for the efficient operation of the police department, to be exercised under the chief’s direction and control; and

(5) Report at least monthly to the township manager in such form as shall be prescribed by the township manager on the operation of the police department during the preceding month and make such other reports available as requested by the township manager.

Sec. 2-322. Organization.

The police department shall be organized based on a table of organization, to which the police chief may recommend modification, which shall be approved by the Township Manager and adopted pursuant to resolution of the governing body. The table of organization may be modified from time to time as the governing body determines in the best interest of the Township.

Sec. 2-323. Powers and duties.

The powers and duties of the police and members of the police department shall be as prescribed by the laws of this state, the ordinances and resolutions of the Township of Randolph, and such rules and regulations as are now or hereafter adopted for the government and discipline of the department.

Sec. 2-324. Designation of appropriate authority.

The township manager shall be designated as the “appropriate authority” as provided in the New Jersey Statutes. The township manager shall be responsible for the overall performance of the police department and shall adopt and promulgate rules and regulations for the government of the police department and for the discipline of its members.

Sec. 2-325. Support of rescue services.

(a) The rescue squad as defined in chapter 40 of the Revised Ordinances of the Township of Randolph shall continue as defined therein.

(b) The police department shall be responsible for maintaining a complete record of calls for rescue services on a monthly basis and shall provide reports to the township manager and rescue squad designee.

(c) The police department shall coordinate municipal personnel as may be required to assist the rescue squad in meeting the public’s needs.

(d) In the event that a private contractor is required to provide rescue services, the police department shall provide support to and maintain a complete record of calls in the same format provided on behalf of the rescue squad.

(e) In the event that the township council and township manager in consultation with the rescue squad, determine that a need to employ personnel to support rescue activities exists, said personnel shall be appointed by the township manager and shall be assigned to the police department.

(f) The police department shall provide assistance and support as may be required to ensure the continued viability of the Randolph Volunteer Rescue Squad and meet the emergency needs of the community.

Sec. 2-326. Membership; township manager as appointing authority; appointment.

(a) The below schedule of titles for sworn officers are officially created within the police department, presented in descending rank order.

(b) The township manager shall not be obligated to fill all sworn officer positions.

(c) The township manager shall be the appointing authority for the employment of police officers subject to the following:

(1) No person shall be appointed to the police department who is not qualified as provided in the New Jersey Statutes and Revised Ordinances of the Township of Randolph; and

(2) Successful completion of a physical, mental and/or psychological examination if so required by the township manager. The physical shall include a urinalysis conducted in accordance with the standards and procedures as promulgated in the directive of the Attorney General of the State of New Jersey which test shall not produce a confirmed positive test result indicating unlawful drug use; and

(3) Preference for appointment will be given to a qualified resident of the township over a qualified nonresident of the township.

a. Appointments shall be considered probationary for a period of one year. If an appointee is required to attend a qualified Police Academy to receive Certification, the one year probationary period shall begin after successful completion of the Academy. During the probationary period, the officer shall be an “at will” employee subject to termination by the township manager based upon a determination by the police chief that the probationary officer’s performance falls below acceptable expectations.

b. The township manager at the conclusion of the probationary period provided for in this section, shall obtain from the police chief, a final performance and service review of the candidate. The manager shall, upon review of the evaluation report and a conference with the police chief, either appoint the officer to the permanent rank, or declare the position vacant.

c. Evaluations of performance shall be conducted in accordance with the rules and regulations/policies and procedures of the police department.

d. The annual salary for all police officer titles shall be set forth in the salary and wage ordinance of the Township of Randolph.

Sec. 2-327. Promotions, appointments.

(a) Promotions shall be made by the township manager in accordance with the statutes of the State of New Jersey and Revised Ordinances of the Township of Randolph pursuant thereto. No officer shall hereafter be promoted to a permanent position or rank unless fully qualified for the position in accordance with the statutes of the State of New Jersey and the terms and provisions of this division at the time of appointment.

(1) The resignation, termination or retirement of an officer, shall not automatically constitute a vacancy within the organization which has to be filled.

(2) All promotions shall be considered probationary for a period of one year.

(3) The township manager at the conclusion of the probationary period provided for in this section, shall obtain from the chief of police, a final performance and service review of the candidate. The township manager shall, upon review of the evaluation report and a conference with the police chief, either promote the officer to the permanent rank, or declare the position vacant.

(4) Evaluations of performance shall be conducted in accordance with the rules and regulations/policies and procedures of the police department.

Sec. 2-328. Promotional process for sergeants and lieutenants.

(a) Eligibility.

(1) To be eligible for promotion to the rank of sergeant, an individual shall meet the below stated criteria:

a. Five years of service as a police officer; Bachelor’s degree from an accredited college or university.

OR

b. Five years of service as a police officer; two years of active military duty; 60 credits from an accredited college or university.

OR

c. Ten years of service as a police officer; 60 credits from an accredited college or university.

OR

d. Ten years of service as a police officer; two years of active military duty.

OR

e. Twenty years of service as a police officer.

(2) To be eligible for promotion to the rank of lieutenant, an individual shall have a minimum of two years of service at the rank of sergeant on the Randolph Township Police Department and shall have attained a Bachelor’s degree from an accredited college or university.

(b) Notification. The township manager or his/her designee shall notify all eligible candidates, in writing, no less than eight weeks in advance of the pending selection process.

(c) Selection process.

(1) The selection process for the promotion of candidates to the position of sergeant and lieutenant shall be comprised of the following components:

a. A written examination

b. A promotional evaluation

c. Education

d. Seniority at highest ranking grade

e. A psychological screening (pass/fail) if no such evaluation of the candidate has occurred within a five-year period.

(2) The above-stated components shall be defined and ranked as follows:

a. Written examination: candidates who achieve a passing score on a written examination shall be competitively ranked based upon their performance.

The written examination shall be administered by the New Jersey Chiefs of Police Association or other organization including, but not limited to, private sector consultants specializing in the police promotional process.

The candidate with the lowest passing score shall receive a ranking of one. Said rankings shall progress sequentially (i.e. 2, 3, 4, etc.) to the candidate with the highest score except that candidates with equal scores shall be ranked equally.

b. Promotional evaluation: Candidates must achieve a passing score on the written examination as a prerequisite to participating in the promotional evaluation. Candidates who pass the written examination shall be competitively scored based upon their performance in a promotional evaluation process consisting of the following:

1. A summary of the personnel file, including, but not limited to, performance evaluations, disciplinary record, departmental commendations and attendance to be compiled by the chief of police.

2. An oral interview conducted by a panel to include the township manager and/or his/her designees or at the option of the township manager a consulting organization recognized as competent to conduct such examinations which shall consider the following:

Personnel file summary;

Comprehensive and presentation skills in oral communications;

Maturity in judgment;

Interest in law enforcement;

Evidence of supervisory and administrative ability;

Demonstrated knowledge and understanding of the township including the physical geography and demographics thereof, as well as an understanding of the operations of the township government including the interaction of the various departments thereof; and

Knowledge and understanding of management practices, departmental rules, regulations, policies and procedure.

The candidate with the lowest passing score shall receive a ranking of one. Said rankings shall progress sequentially (i.e. 2, 3, 4, etc.) to the highest scored candidate, except that candidates with equal scores shall be ranked equally.

c. Education: Candidates who achieve passing scores on the written examination and the promotional evaluation shall be competitively ranked based upon the level of education attained. Ranking shall be as follows:

d. Seniority: Candidates achieving a passing score on the written examination and the promotional evaluation shall be ranked against competing candidates based upon seniority at grade. Seniority at grade shall mean total years of service in the current grade held with the Randolph Township Police Department. The most senior candidate shall receive the highest ranking, while the least senior candidate shall receive a rank of one. Candidates with equal seniority shall be equally ranked.

(3) Weight of components: The components for the selection process for promotion to the levels of sergeant and lieutenant shall be weighted in accordance with below-stated formula and following table:

a. Formula: Ranking x Weight = Value

b. Table:

c. Once the scores of all components are determined, the weighted values shall be added to determine the cumulative value of all components.

d. Promotions shall be granted in order of the highest cumulative value of all components. In any instance in which a resident and nonresident achieve the same total value, the resident will be given preference in accordance with N.J.S.A. 40A:14-122.6. In the event that two competitors achieve the same total value, the candidate with the highest ranking in the promotional evaluation will be given preference. If the candidates achieve an equal ranking on the promotional evaluation, the candidate who is most senior at rank shall be given preference.

e. Promotional lists shall be posted within 20 days after the completion of the promotional evaluation.

f. The list of successful candidates for promotion shall be maintained for a two-year period from the date of the first probationary appointment for which the examination was held.

Sec. 2-329. Promotional process for deputy chief.

(a) Eligibility.

(1) To be eligible for promotion to the managerial position of deputy chief an individual shall have:

a. A minimum of one year at the rank of lieutenant with the Randolph Township Police Department; and

b. A Bachelor’s degree from an accredited university or college.

(b) Notification. The township manager or his/her designee shall notify all eligible candidates, in writing, no less than four weeks in advance of the pending selection process.

(c) Selection process.

(1) The selection process for the managerial position of deputy chief shall be comprised of the following components.

a. A promotional evaluation which shall consist of the following:

1. A summary of the personnel file, including but not limited to, performance evaluations, disciplinary record, departmental commendations, and attendance to be compiled by the Chief of Police.

2. An oral interview conducted by the township manager and/or his/her designees or at the option of the township manager, a consulting organization competent to conduct such examinations, which shall consider the following:

The personnel file, including, but not limited to job evaluations, disciplinary record, departmental commendations and attendance;

Comprehension and presentation skills in oral communications;

Maturity in judgment;

General knowledge of current departmental operation;

Management capabilities;

Ability to solve problems through creative concepts;

Demonstration of leadership; and

Demonstrated dedication to the continued progress and advancement of the department’s policies and goals.

3. A written set of essays to be evaluated by the township manager and/or his/her designees based upon the following criteria:

Ability to communicate concepts;

Presentation of ideas and values;

Conceptual understanding of departmental needs and goals, both current and future; and

Demonstration of conceptual ability to pursue goals through the exercise of managerial skills.

b. Psychological testing consisting of a psychological screening if no such evaluation of the candidate has occurred within a five-year period.

c. The township manager shall promote employees demonstrating the greatest overall strength and ability to function in a managerial capacity.

Sec. 2-330. Promotional process for chief of police.

(a) Eligibility.

(1) The deputy chief and lieutenants with two or more years of experience shall be eligible for promotion to the rank of chief of police.

(2) Eligibility for promotion to the rank of chief of police shall include a Bachelor’s degree from an accredited university or college.

(b) Notification. The township manager or his/her designee shall notify all eligible candidates, in writing, no less than four weeks in advance of the pending selection process.

(c) Selection process.

(1) The selection process for the managerial position of chief of police shall be comprised of the following components:

a. A promotional evaluation which shall consist of the following:

1. The personnel file, including but not limited to job evaluations, disciplinary record, departmental commendations and attendance.

2. An oral interview conducted by the township manager and/or his/her designees or at the option of the township manager, a consulting organization competent to conduct such examinations, which shall consider the following:

Comprehension and presentation skills in oral communications;

Maturity in judgment;

General knowledge of current departmental operation;

Management capabilities;

Ability to solve problems through creative concepts;

Demonstration of leadership; and

Demonstrated dedication to the continued progress and advancement of the department’s policies and goals.

3. A written set of essays to be evaluated by the township manager and/or his/her designees based upon the following criteria:

Ability to communicate concepts;

Presentation of ideas and values;

Conceptual understanding of departmental needs and goals both current and future; and

Demonstration of conceptual ability to pursue goals through the exercise of managerial skills.

b. Psychological testing consisting of a psychological screening if no such evaluation of the candidate has occurred within a two-year period.

c. The township manager shall promote that employee demonstrating the greatest overall strength and ability to function in a managerial capacity.

Sec. 2-331. Promotion Review and Appeals Process.

(a) Within 10 days of the posting of the ranking of candidates, a candidate may file a written letter of appeal with the Township Manager, with a copy of the appeal to the Chief of Police. The letter of appeal must contain the reason(s) or justification(s) for an appeal. The Township Manager will assess the appeal and make a determination of how the appeal will be addressed on a case by case basis. Appeals may challenge the following areas of the promotional process only:

(1) Review and re-tabulation of the scored elements of the selection process; and

(2) Review of any evaluation or internal document that was used in the process related to the appellant.

(b) If the appeal impacts upon the results of the promotional ranking as determined by the Township Manager, the candidate may be permitted to be re-evaluated.

Sec. 2-332. Internal affairs.

(a) The police department shall comply with all current guidelines and directives as issued by the Attorney General of the State of New Jersey and Prosecutor of Morris County for all Internal Affairs activities.

(b) All complaints alleging the misconduct of any police officer of the Police Department shall be forwarded to the Chief of Police for investigation by internal affairs. All complaints of officer misconduct will be accepted, whether by phone, in person or anonymously. The public is encouraged to report the complaint in writing; however, all complaints will be investigated.

(c)(1) In any investigation of a police officer that results in disciplinary charges, which charges seek to suspend for more than 5 days, demote or terminate a permanent police officer for violation of N.J.S.A. 40A:14-147 or for violation of the internal rules and regulations of the Police Department, and the officer requests a hearing, the Appropriate Authority, or his/her designee, shall sit as Hearing Officer for the Township.

(c)(2) In the event the Appropriate Authority does not act as Hearing Officer, the individual so designated shall be a member of the New Jersey bar and shall be appointed by the Township Manager. The hearing officer designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the Appropriate Authority, who shall make the final determination. The Appropriate Authority’s decision shall be reviewable as provided by law, as amended from time to time.

(c)(3) The Chief shall have the authority to counsel police officers, issue reprimands and suspend or fine police officers for up to 5 days without the matter coming before the appropriate authority, except that any proposed suspension of permanent police officers must comply with N.J.S.A. 40A:14-147 and provide the officers with an opportunity for a hearing before the Chief or his designee prior to imposition of the penalty. Officers who are suspended for 5 days or less may appeal the suspension in accordance with the grievance procedure in the FOP collective bargaining agreement.

(c)(4) All disciplinary proceedings against police officers shall comply with applicable law and regulations.

Sec. 2-333. Special law enforcement officers.

(a) Generally. Special law enforcement officers may be appointed in such numbers and classifications as set forth in this section, except that Class Two special law enforcement officers shall not exceed 25% of the total number of regular officers employed by the Township. Such special law enforcement officers shall serve under the direction of the chief of police and shall perform the duties and responsibilities permitted by law, subject to any and all rules and regulations adopted pursuant to such law.

(b) Appointment. Special law enforcement officers shall be appointed by the manager for terms not exceeding one year, but may be reappointed as needed and as permitted by law.

(c) Classes, duties, and authority. In accordance with the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8, there shall be two classifications of special law enforcement officers based upon the duties to be performed by the officers, as follows:

(1) Class 1. Officers of this class shall be authorized to perform routine traffic details, spectator control and similar duties. Class 1 officers are hereby authorized to issue summonses for disorderly persons and petty disorderly persons’ offenses, violations of municipal ordinances and violations of N.J.S.A. Title 39. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class 1 officer shall be assigned any duties which may require carrying or use of a firearm.

(2) Class 2. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by Class 2 officers may be permitted under the conditions set forth in N.J.S.A 40A:14-146.8.

Sec. 2-334. Matrons.

(a) Generally. Matrons, not to exceed four may be appointed as set forth in this section. Such Matrons shall serve under the direction of the chief of police and shall perform the duties and responsibilities as outlined in the rules and regulations/policies and procedures of the police department.

(b) Appointment. Matrons shall be appointed by the township manager for terms not exceeding one year, but may be reappointed as needed.

Sec. 2-335. Police chaplain: duties; term of appointment.

The chief of police may designate a member of the clergy to serve as chaplain to the police department. His/her duties shall include assisting the police department in death notifications and any other duties that may be assigned by the chief of police. The position will be on a volunteer basis and will provide no compensation. Police chaplain shall be a one-year appointment.

Sec. 2-336. Inconsistencies.

To the extent that the provisions of any ordinance, resolution or the rules and regulations/policies and procedures of the police department are inconsistent with any provision of this division, the provisions of this division take precedence over the provisions of the inconsistent ordinance, resolution or rules and regulations/policies and procedures.

Secs. 2-337—2-340. RESERVED.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Guadagno, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 04-12

Notice is hereby given that an Ordinance entitled “An Ordinance Amending and Replacing Division 10, ‘Department of Police and Emergency Management’, Of Article 3, ‘General Administrative Organization’, Of Chapter 2, ‘Administration’, Of The Revised Ordinances Of The Township Of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 2, 2012 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 1, 2012 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend the current Ordinances regulating the Randolph Township Department of Police and Emergency Management to enhance the efficiency and effectiveness of the operations of the Township of Randolph Department of Police and Emergency Management.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey