A patrolman who sued the borough claiming he was the only eligible candidate won in court, but couldn't pass the exam.
CLAYTON -- The borough is still looking to hire a police chief after a lengthy legal battle in which a state appellate court said the town was required to hire its new chief from within the department.
Ptl. Stanley E. Williams sued the borough in 2015, claiming that he was the only eligible candidate for chief because his two competitors for the job were not Clayton employees. One candidate was a Washington Township police officer, while another prospective hire, Bill Perna, was an officer with the county prosecutor's office employee. Chief Dennis Marchei had retired in November 2014, leaving the county in charge of the department.
A superior court judge sided with Williams in February 2015, and after Clayton officials appealed, an appellate panel affirmed the ruling in October. The case marked the first time an appeals court had ruled on the statute, which dates back to the 1920s.
Williams took the three-part exam to become chief in late February, but failed the written portion of the test.
"Since he was the only candidate, we had to stop the exam process," said William Cook, Clayton's labor counsel.
Clayton's 15-member police department has no permanent employees ranking higher than sergeant, Cook said, so the borough will have to make several promotions to appoint a new chief.
"The borough subsequently re-posted job openings for the position of chief of police, captain and sergeant," said Cook.
Two sergeants will be hired to fill the chief and captain positions, and patrol officers will have the option to take the sergeants' exam. Williams' attorney, Tom Cushane, said the patrolman was applying to become a sergeant.
"As it should be, the selection process for the rank of chief of police is among the most rigorous in New Jersey, and it is therefore not uncommon for eligible candidates to fall short during a particular phase of that selection process," said Williams' attorney, Tom Cushane. "Although Williams was unsuccessful in his efforts to become Clayton's next police chief, he is proud to have been afforded the opportunity to compete for the position and is very much looking forward to the upcoming sergeants' exam."
Exams are scheduled to begin in June. Meanwhile, Steve LaPorta, a sergeant with the county prosecutor's office, is serving as head of Clayton police.
Andy Polhamus may be reached at apolhamus@njadvancemedia.com. Follow him on Twitter @ajpolhamus. Find the South Jersey Times on Facebook.