File #: 21-1618    Version: 1 Name: Ordinance: Amending Title 2, Chapter 22, Section 3.6, Personnel - To hire Entry-Level Law Enforcement Officers without Examination Requirement
Type: Ordinance Status: Adopted
File created: 11/1/2021 In control: Law
On agenda: 11/4/2021 Final action: 11/15/2021
Title: AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE II, ADMINISTRATION, CHAPTER 22, DEPARTMENT OF PUBLIC SAFETY, SECTION 3.6, PERSONNEL, TO THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO AUTHORIZE THE HIRING OF ENTRY-LEVEL LAW ENFORCEMENT OFFICERS WITHOUT AN EXAMINATION REQUIREMENT.
Sponsors: Council of the Whole
Related files: 24-1322

Title

AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE II, ADMINISTRATION, CHAPTER 22, DEPARTMENT OF PUBLIC SAFETY, SECTION 3.6, PERSONNEL, TO THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO AUTHORIZE THE HIRING OF ENTRY-LEVEL LAW ENFORCEMENT OFFICERS WITHOUT AN EXAMINATION REQUIREMENT.

 

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WHEREAS, on February 4, 2021, P.L. 2021, c. 7,  was enacted which requires the Civil Service Commission to exempt from the requirement to take an examination for an entry-level law enforcement position a person who has successfully completed a full Basic Course for Police Officers training at a school approved by the New Jersey Police Training Commission; and

 

WHEREAS, a municipal police department may hire a person exempt from the requirement to take an examination for an entry-level law enforcement position pursuant to N.J.S.A. 11A:4-1.3, upon the adoption of an ordinance or resolution by the Governing Body authorizing such hiring by the police department, and the adoption of a conflict of interest policy, as may be found in the City of Newark Employee Handbook and nepotism policy; and

 

WHEREAS, pursuant to N.J.S.A. 40:48-2, the Governing Body of a municipality may make, amend, repeal, and enforce ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

 

WHEREAS, the City of Newark desires to amend Title 2, Administration, Chapter 22, Department of Public Safety, Section 3.6, Personnel of the City of Newark ordinance to hire entry-level law enforcement officers in accordance with N.J.S.A. 11A:4-1.3; and

 

WHEREAS, the City has already established both a Conflict of Interest and an Anti-Nepotism Policy as is required by N.J.S.A. 11A:4-1.3., as a condition precedent to the passage of this Ordinance.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.

Section 1. Title 2, Administration, Chapter 22, Department of Public Safety,  Section 3.6, Personnel, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended as follows:

 

2:22-3.6


b.  Qualifications for Applicants; Training Requirements.

 

1. Residency Requirements for Entry Level Appointments to the Police Division.

 

(a)                      All applications for appointment to the Police Division shall be qualified for appointment as required by law, ordinance and Civil Service rules and regulation. All applicants for appointment shall be residents of the City of Newark and must maintain continuous residency within the City of Newark from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

 

(b)                      The provisions herein shall become effective June 7, 1993 in accordance with N.J.A.C. 4A:4-2.11(b)1.

 

(c)                      Appointments of the entry level police officers may, in the sole discretion of the appropriate authority, be made in accordance with the provisions of N.J.S.A. 11A:4-1.3.  In appropriate circumstances, all applicants for appointment shall be required to complete a physical and psychological examination.


Section 2.  Any ordinance or parts of any ordinance inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

 

Section 3. If any section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.

 

Section 4.  This Ordinance shall become effective upon final passage and publication in accordance to the laws of the State of New Jersey.

 

STATEMENT

This Ordinance amends Title 2, Administration, Chapter 22, Department of Public Safety, Section 3.6, Personnel, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, to authorize appropriate authority the discretion to hire entry level police officers in accordance with N.J.S.A. 11A:4-1.3.