By Amy Batista, Special Writer
HIGHTSTOWN – Council discussed revising its police ordinance and considered bringing back the position of a police chief again during its meeting Tuesday night.
“This is an ordinance to amend our ordinance to go to a chief-type of department,” said Mayor Larry Quattrone.
Borough Administrator Henry Underhill requested a discussion to talk about how borough got this ordinance.
“In the beginning of the year meeting, you asked me to have the labor attorney check into the ordinance to update the director and put back in the chief,” said Mr. Underhill. “So I sent her the ordinance that had been in the book prior to the director ordinance being adopted.”
He said what the borough got back was all the other language that labor attorney Elizabeth Garcia believed was appropriate if the council was going to redo the ordinance.
“So there are things in there that were not in the original ordinance,” said Mr. Underhill.
He said he has been through the ordinance with the Lt. Frank Gendron and the labor attorney.
“If there are more questions and you want to have the committee look at it further and report back at your next meeting, I think what we would propose to do is have it back on the agenda for a larger discussion. But tonight let’s just get it out there and start the process,” said Mr. Underhill.
Council member Steven Misiura questioned who was on the committee. Mr. Underhill said the committee included council member Seth Kurs, Mayor Quattrone and himself.
“Being that we went from a police chief at one time, some past council decided that they didn’t like the idea of having a police chief they want to go with a police director. Now we are going back to a police chief. Is there anyway to build flexibility into that so you can have both positions on the books? And depending on the circumstances, saying you feel next in line to the police chief may not have experience yet when the current police chief resigns?” said Mr. Underhill.
Borough Council unanimously approved the first reading of an ordinance that established a new civilian police director position in repeal of a police chief in August 2011, as previously reported.
Council unanimously passed a resolution authorizing the settlement of a lawsuit between former Police Director James LeTellier and the council, Borough of Hightstown and John Does during its meeting in the beginning of November 2014, which resulted in Mr. LeTellier resigning that evening, as previously reported.
“The police director has no actual affect on the police function,” Mr. Underhill said. “It is strictly administrative.”
He pointed out that the police director ordinance would have to be updated.
Council member Susan Bluth questioned if the ordinance stated who would be in charge if something happened to the chief of police.
“It would be an officer in charge,” Mayor Quattrone said.
Mayor Quattrone said after doing a little bit of research should something happen to the chief in this ordinance, there is a certain criteria that the person has to meet to be a chief.
“If they can’t meet that, then you can go outside of the department and hire,” he said.
Mr. Misiura asked about the chain of command.
“So is what we are doing more typical of how it’s supposed to be done?” he said.
Mr. Underhill said that the chief would be responsible for anything from issuing suspensions to reprimands within the department.
“Above that, there is a next step,” he said. “They will have to seek notification of council.”
The administrator is considered the appropriate authority now, he added.
Mayor Quattrone said he asked council to take the appropriate authority away from council and give it to the business administrator.
“The reason is because council can’t be the jury, the judge and the executioner,” he said. “It just doesn’t work. The public will know more than the council because council is not allowed to hear anything and then council is supposed to make a decision and so then they have to turn it over to a hearing officer.”
He said what they are going to do is ship the ordinance back to Mr. Underhill’s office.
“Henry’s got some concerns that we have,” he said. “He’s going to run them past the labor attorney.”
Mr. Underhill asked council if they would like to have the labor attorney present at the next meeting.
“It wouldn’t hurt to have her in case somebody has a legal question,” Mayor Quattrone said.
Borough Attorney Frederick Raffetto said the council could have discussion and possible introduction if members were comfortable with that.The next council meeting is scheduled for Feb. 1 at the Hightstown First Aid Building at 7:30 p.m.
