A.
Standard of conduct. Members and employees shall conduct
their private and professional lives in such a manner as to avoid bringing
the Department into disrepute. They shall conduct themselves in accordance
with high ethical standards, on and off duty.
[Amended 2-25-1999 by Ord. No. 2-1999]
B.
Loyalty. Loyalty to the Department and to associates
is an important factor in Department morale and efficiency. Members and employees
shall maintain loyalty to the Department and their associates as is consistent
with the law and personal ethics.
C.
Cooperation. Cooperation between the ranks and units
of the Department is essential to effective law enforcement. Therefore, all
members are strictly charged with establishing and maintaining a high spirit
of cooperation within the Department.
D.
Assistance. All members are required to take appropriate
police action toward aiding a fellow peace officer exposed to danger or in
a situation where danger might be impending.
E.
General responsibilities. Members shall at all times
take appropriate action to:
(1)
Protect life and property.
(2)
Preserve the peace.
(3)
Prevent crime.
(4)
Detect and arrest violators of the law.
(5)
Enforce all federal, state and local laws and ordinances
coming within Department jurisdiction.
(6)
Safely and expeditiously regulate traffic.
[Added 2-25-1999 by Ord. No. 2-1999]
(7)
Aid citizens in matters within police jurisdiction.
[Added 2-25-1999 by Ord. No. 2-1999]
(8)
Take appropriate police action in aiding fellow officers
as needed.
[Added 2-25-1999 by Ord. No. 2-1999]
(9)
Respond to all calls for service.
[Added 2-25-1999 by Ord. No. 2-1999]
F.
Duty responsibilities. Members of the Department are
always subject to duty although periodically relieved of its routine performance.
They shall, at all times, respond to the lawful orders of superior officers
and other proper authorities as well as calls for police assistance from citizens.
Proper police action must be taken whenever required. The administrative delegation
of the enforcement of certain laws and ordinances to particular units of the
Department does not relieve members of other units from the responsibility
of taking prompt, effective police action within the scope of those laws and
ordinances when the occasion so requires. Members assigned to special duties
are not relieved from taking proper action outside the scope of their specialized
assignment when necessary.
G.
Neglect of duty. Members and employees shall not commit
any act nor be guilty of any emission that constitutes neglect of duty.
H.
Performance of duty. All members and employees shall
perform their duties as required or directed by law, Department rule, policy
or order or by order of a superior officer. All lawful duties required by
a competent authority shall be performed promptly as directed, notwithstanding
the general assignment of duties and responsibilities.
I.
Questions regarding assignment. Members and employees
in doubt as to the nature or detail of their assignment shall seek clarification
from their supervisors by going through the chain of command.
J.
Insubordination. Members or employees shall not commit
acts of insubordination. The following specific acts are prohibited by this
subsection:
K.
Obedience to laws and regulations. Members and employees
shall observe and obey all laws and ordinances and all rules and regulations
and orders of the Department.
L.
Criticism of official acts and orders. Members and employees
shall not criticize the official actions, instructions or orders of any Department
member in a manner which is defamatory, obscene, unlawful or which tends to
impair the efficient operation of the Department.
M.
Conduct toward superior and subordinate officers and
associates. Members and employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at all times
in their relationships with one another. When on duty and particularly in
the presence of other members, employees or the public, officers should be
referred to by rank.
N.
Manner of issuing orders. Orders from a superior to a
subordinate shall be in clear, understandable language, civil in tone and
issued in pursuit of Department business.
O.
Unlawful orders. No command or supervisory officer shall
knowingly issue any order which is in violation of any law or ordinance or
Department rule.
P.
Obedience to unlawful orders. Obedience to an unlawful
order is never a defense of an unlawful action; therefore, no member or employee
is required to obey any order which is contrary to federal or state law or
local ordinance. Responsibility for refusal to obey rests with the member.
He shall be strictly required to justify his action.
Q.
Obedience to unjust or improper orders. Members or employees who are given orders which they feel to be unjust or contrary to rules and regulations must first obey the order to the best of their ability, and they may proceed to appeal as provided in Subsection S.
R.
Conflicting orders. Upon receipt of an order conflicting
with any previous order or instruction, the member or employee affected will
advise the person issuing the second order of this fact. Responsibility for
countermanding the original instruction then rests with the individual issuing
the second order. If so directed, the latter command shall be obeyed first.
Orders will be countermanded or conflicting orders will be issued only when
reasonably necessary for the good of the Department.
S.
Reports and appeals; unlawful, unjust and improper orders.
A member or employee receiving an unlawful, unjust or improper order shall,
at first opportunity, report, in writing, to the Chief of Police through official
channels. This report shall contain the facts of the incident and the action
taken. Appeals for relief from such orders may be made at the same time. Interdepartment
action regarding such an appeal shall be conducted through the office of the
Chief of Police.
T.
Soliciting gifts, gratuities, fees, rewards and loans.
Members and employees shall not under any circumstances solicit any gift,
gratuity, loan, reward or fee where there is any connection between the solicitation
and their Department membership or employment.
U.
Acceptance of gifts, gratuities, fees and loans. Members
and employees shall not accept, either directly or indirectly, any gift, gratuity,
loan, fee or any other object of value arising from or offered because of
police employment or any activity connected with said employment. Members
and employees shall not accept any gift, gratuity, loan or fee or other object
of value, the acceptance of which might tend to influence the actions of said
members or employees or any other member or employee in any matter of police
business or which might tend to cast an adverse reflection on the Department
or any member or employee thereof. No member or employee of the Department
shall receive any gift or gratuity from other members or employees junior
in rank without the express permission of the Chief of Police.
V.
Other transactions. Members and employees are prohibited
from buying or selling anything of value from or to any suspect, defendant
or prisoner involved in any case which has come to their attention or which
arose out of their Department employment, except as may be specifically authorized
by the Chief of Police.
W.
Rewards. Members and employees shall not accept any gift,
gratuity or reward in money, or other compensation, for services rendered
in the line of duty to the community or any which may be authorized by law.
X.
Disposition of unauthorized gifts and gratuities. Any
unauthorized gift, gratuity, loan, fee, reward or other object coming into
the possession of any member or employee shall be forwarded to the office
of the Chief of Police together with a written report explaining the circumstances.
Y.
Free admission and passes. Members and employees shall
not solicit or accept free admission to theaters and other places of amusement
for themselves or others, except in the line of duty.
Z.
Debits; incurring and payment. Members and employees
shall pay all just debts and legal liabilities incurred by them.
AA.
Intercession; soliciting. Members and employees shall
not solicit anyone to incercede with the Chief of Police, Police Committee,
Mayor or members of the Council in relation to promotion, assignments or disposition
of pending charges or findings in a Department trial or other related matter.
BB.
Persons and places of bad reputation. Members and employees
shall not frequent places of bad reputation nor associate with persons of
bad reputation, except as may be required in the course of police duty.
CC.
Withholding information. Members and employees shall
not, at any time, withhold information concerning criminal activity.
DD.
Reporting violations of laws, ordinances, rules or orders.
Members and employees knowing of other members or employees violating laws,
ordinances or rules of the Department or disobeying orders shall report the
same, in writing, to the Chief of Police through official channels. If the
member or employee believes the information is of such gravity that it must
be brought to the immediate personal attention of the Chief of Police, official
channels may be bypassed.
A.
Prohibited activity on duty. Members and employees are
prohibited from engaging in the following activities while on duty, with the
exception as noted:
B.
Alcoholic beverages and drugs.
(1)
No member or employee of the Department will appear for
or be on duty under the influence of liquor or drugs or be unfit for duty
because of their excessive use.
(2)
Members or employees of the Department shall not drink
any kind of intoxicating beverage while on duty or take any drugs not duly
prescribed and necessary for health at any time.
(3)
Members and employees of the Department shall refrain
from drinking intoxicating beverages for a minimum of eight hours before going
on duty.
[Amended 2-25-1999 by Ord. No. 2-1999]
(4)
Intoxicating beverages may not be consumed at any police
station.
(5)
No member of the Department shall, at any time when in
uniform, except in the performance of duty, enter any place in which intoxicating
liquor is served.
(6)
Members and employees shall not bring into or keep any
intoxicating liquor or drugs on Department premises except when necessary
in the performance of a police task. Liquor or drugs brought into Department
premises in the furtherance of a police task shall be properly identified
and stored according to Department policy.
(7)
Supervisors shall not assign to duty or allow to remain
on duty any employee whose fitness for duty is questionable due to the use
of alcohol or medication.
[Added 2-25-1999 by Ord. No. 2-1999]
C.
Absence from duty. Every member or employee who fails
to appear for duty at the date, time and place specified without the consent
of competent authority is absent without leave. Such absence within the period
of one day must be reported, in writing, to the commanding officer. Absences
without leave in excess of one day must be reported, in writing, to the Chief
of Police.
D.
Roll call. Unless otherwise directed, members shall report
to a specified time and place, properly uniformed and equipped. They shall
give careful attention to orders and instructions.
E.
Physical fitness for duty. Members shall maintain good
physical condition so that they can handle the strenuous physical contact
often required of a law enforcement officer.
F.
Loitering. Members on duty or in uniform shall not enter
theaters or other public places except to perform a police task. Loitering
and unnecessary conversation in such locations are forbidden.
G.
Smoking while on duty. Smoking is permitted in public
view at mealtimes and while patrolling in police automobiles at which times
it shall be as inconspicuous as possible. No smoking is permitted in police
headquarters.
[Amended 2-25-1999 by Ord. No. 2-1999]
H.
Relief. Members and employees are to remain at their
assignments and on duty until properly relieved by other members or employees
or until dismissed by competent authority.
I.
Suspending patrol for lunch or coffee break.
(1)
Members will be permitted to suspend patrol, subject
to immediate call at all times, for the purpose of having one meal during
their shift, but only such period of time shall be allowed: 30 minutes for
eight-hour shifts and 45 minutes for twelve-hour shifts. However, at no time
shall such member leave his tour of duty to go out of service for such purpose,
and he shall arrange to suspend patrol only at such time as it will cause
the least interference with his regular duties.
[Amended 2-25-1999 by Ord. No. 2-1999]
(2)
Members are to arrange to take meals and coffee breaks
at times during a shift so not more than one person is at any one location
at the same time.
J.
Training. Members shall attend in-service training in
the theory and practice of law enforcement at the direction of the Chief of
Police or commanding officer. Such attendance is considered a duty assignment.
K.
Inspection. From time to time the Chief of Police may
call for full-dress inspection of the Department or any part thereof. Members
directed to attend such inspections shall report in the uniform prescribed,
carrying the equipment specified. Unauthorized absence from such inspection
is chargeable as absence without leave.
L.
Military courtesy. When meeting in public, members shall
conform to normal courtesy standards and refer to each other by rank. A salute
will be rendered to all superior officers, Lieutenant and above.
M.
National Colors and Anthem. Uniform members will render
full military honors to the National Colors and Anthem at appropriate times.
Members and employees in civilian dress shall render proper civilian honors
to the National Colors and Anthem at appropriate times.
N.
Possession of keys. No member, unless authorized by his
commanding officer, shall possess keys to any premises not his own on or near
his tour of duty.
O.
Address and telephone numbers. Immediately upon reporting
for duty, members and employees shall record their correct residence addresses
and telephone numbers with the commanding officer. A change in address or
telephone number shall be reported to the commanding officer within 24 hours
of the change. This shall be done, in writing, within the specified time whether
the member or the employee is working or on leave.
A.
Regulation uniforms required. All members shall maintain
regulation uniforms. Uniforms shall be kept neat, clean and well-pressed at
all times.
B.
Manner of dress on duty. Normally members mill wear the
duty uniform on a tour of duty; however, commanding officers may prescribe
other clothing as required by the nature of the duty which a particular member
is assigned. Employees will wear and maintain employee uniforms when so directed
by the Chief of Police.
C.
Wearing or carrying a badge. A member, when in uniform,
shall wear the regulation badge on the outside of the outermost garment over
the left breast and always in sight. When not in uniform or off duty, he shall
carry his police ID in his pocket.
D.
Wearing of the name badge. A member, when in uniform,
shall wear the regulation name badge on his uniform shirt or dress jacket,
whichever is outermost, in accordance with Department instructions.
E.
Altering the style of uniform. Uniforms shall be made
of the material and in the style prescribed in Police Department orders and
such style shall not be altered or changed in any manner whatsoever unless
authorized by the Chief of Police.
F.
Carrying required equipment when in uniform.
(1)
While on duty, except when assigned to office duties,
members who are required to wear the specified uniform shall always carry
full equipment, as follows:
(a)
Badge.
(b)
Police Department identification card.
(c)
Service weapon and ammunition (Department issued or approved).
[Amended 2-25-1999 by Ord. No. 2-1999]
(d)
Whistle.
(e)
Handcuffs.
(f)
Defense spray repellant.
[Amended 2-25-1999 by Ord. No. 2-1999]
(g)
Portable radio.
[Amended 2-25-1999 by Ord. No. 2-1999]
(h)
Impact weapon.
[Added 2-25-1999 by Ord. No. 2-1999]
(2)
A member shall also carry specially issued equipment
and forms necessary for performing his duties.
H.
Carrying equipment off duty. When off duty, each member
may carry or have in his immediate possession, his Department revolver or
a revolver authorized by the Department, and he will carry his identification
card. This rule shall not apply when members are engaged in sports and activities
of such a nature as to make it impractical. No member will carry an off-duty
weapon while consuming or under the influence of alcoholic beverages.
I.
Civilian clothing, manner of dress. Male members and
employees permitted to wear civilian clothing during a tour of duty shall
wear either a business suit or sport coat and slacks. A dress-type shirt shall
be worn. Commanding officers may prescribe other types of clothing when necessary
to meet a particular police objective. Female members and employees permitted
to wear civilian clothing shall conform to standards normally worn by office
personnel in private business firms normally, unless otherwise directed. All
articles of clothing shall be of a conservative nature.
J.
Equipment. All equipment must be clean, be in good working
order and conform to Department specifications.
K.
Uniforms and equipment damage claim. Any claims for damage
for clothing, equipment, eyeglasses and wristwatches caused by performance
of duty shall be made in accordance with current Department directives.
[Amended 2-25-1999 by Ord. No. 2-1999]
L.
Personal appearance. Every member and employee of the
Department, while on duty, must at all times be neat and clean in person,
his clothes clean and pressed and his uniform in conformity with the rules
and regulations. He shall, as often as necessary, examine and clean his equipment
and keep it always in good, servicable condition. Male members and employees
shall conform to the following additional standards of appearance:
(1)
Hair shall be evenly trimmed at all times while on duty.
The maximum extension of the hair outward from the top of the head will be
two inches. The maximum extension from the sides of the head shall be two
inches, provided that hair shall be gradually tapered so that it does not
protrude outward beyond the top (upper helix) of the ear and so that it otherwise
gives an overall even appearance. The hair shall at no point extend downward
more than 1/2 inch beyond the hairline at the back of the neck and in no event
extend over the shirt collar in normal posture.
(2)
Sideburns shall not extend below the bottom of the ear.
The maximum width at the bottom of the sideburns shall not exceed 1 3/4
inches.
(3)
Beards shall not be permitted.
(4)
Personnel with a medical condition which precludes shaving
shall be required to present a written statement, signed by a medical doctor,
verifying such condition.
Members and employees are responsible for the proper care of Department
property and equipment assigned to them. Damaged or lost property may subject
the responsible individual to reimbursement charges and appropriate disciplinary
action.
A.
Damaged/inoperative property or equipment. Members and
employees shall immediately report to their commanding officer on designated
forms any loss of or damage to Department property assigned to or used by
them. The immediate superior will be notified of any defects or hazardous
conditions existing in any Department equipment or property.
B.
Care of Department buildings. Members and employees shall
not mar, mark or deface any surface in any Department building. No material
shall be affixed in any way to any wall in Department buildings without specific
authorization from a commanding officer.
C.
Notices. Members and employees shall not mark, alter
or deface any posted notices of the Department. Notices or announcements shall
not be posted on bulletin boards without permission of a commanding officer,
except for on the Police Benevolent Association board.
D.
Department vehicles use. Members shall not use any Department
vehicle without the permission of a commanding officer. Department vehicles
shall never be used for personal business or pleasure.
E.
Operation of motor vehicles. Members and employees, when
driving vehicles of any description, private or of the Department, shall not
violate the traffic laws, except only in cases of absolute emergency and then
only in conformity with the law regarding the same. They shall set an example
for other persons in the operation of their vehicles.
F.
Emergency calls and use of red light and siren. Members
driving any Department vehicle, when responding to an emergency call, shall
exercise judgment and care with due regard to the safety of life and property.
They shall slow down at all street intersections to such degree that, when
crossing the same, they will have safe control of their cars, especially when
crossing street intersections where the traffic signal lights are against
them or where there are stop signs. They shall use the red light and sound
the siren on such calls and take the utmost precaution.
G.
Transporting citizens. Citizens will be transported in
Department vehicles only when necessary to accomplish a police purpose. Such
transportation will be done in conformance with Department policy or at the
direction of a commanding officer, immediate supervisor or communications
center.
H.
Reporting accidents. Accidents involving municipal personnel,
property and equipment must be reported in accordance with Department procedures.
I.
Presumption of responsibility. In the event that municipal
property is found bearing evidence of damage which has not been reported,
it shall be presumptive evidence that the last person using the property or
vehicle was responsible.
B.
Forwarding communications to higher commands. Any member
or employee receiving a written communication for transmission to a higher
command shall, in every case, forward such communication. A member receiving
a communication from a subordinate directed to a higher command shall endorse
it, indicating approval, disapproval or acknowledgment.
C.
Department address, private use of. Members and employees
shall not use the Department as a mailing address for private purposes. The
Department address shall not be used for any private motor vehicle registration
or driver's license.
D.
Telephones. Department telephone equipment shall not
be used for the transmission of personal messages involving toll charges without
the express approval of a commanding officer.
[Amended 2-25-1999 by Ord. No. 2-1999]
E.
Radio discipline. All members of the Department operating
the police radios shall strictly observe regulations for such operations as
set forth in Department orders and by the Federal Communications Commission.
A.
Command of scene. At the scene of any crime, accident
or other police incident, the ranking officer present shall assume command
and direction of police personnel to assure the most orderly and efficient
accomplishment of the police task. When two or more officers of the same rank
are present and one of these is assigned to the investigative detail that
will follow up the investigation, that ranking officer will be in charge.
This provision coordinates the efforts of the several subordinate members
who may be assigned to the incident; therefore, it is incumbent upon the ranking
officer assuming such control to become acquainted with the facts and ensure
that appropriate action is being taken or is initiated.
B.
Responsibilities of members arriving at crime scenes.
The first member to arrive at the scene of a crime or other police incident
is responsible for the following actions as they may apply to the situation:
C.
Responsibilities of assigned members at a crime scene. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incidents are responsible for the duties in Subsection B of this section and the completion of the preliminary or other investigation as directed. This shall include securing statements and other information which will aid in the successful completion of the investigation; locating, collecting and preserving physical evidence; and identifying, locating and apprehending the offender.
D.
Identification as a police officer. Except when impractical
or where the identity is obvious, officers shall identify themselves by displaying
the official badge or identification card before taking police action.
E.
Release of information at crime scenes. Unauthorized
persons, including members of the press, shall be excluded from crime scenes.
Information which will not hinder or nullify an investigation shall be given
to the press by the superior officer in charge of the investigation in accordance
with Department Press Release Policy.
[Amended 2-25-1999 by Ord. No. 2-1999]
F.
Confidential information.
(1)
Members and employees shall not reveal any confidential
business of the Department. They shall not impart confidential information
to anyone except those for whom it is intended or as directed by their commanding
officer.
(2)
Members shall not make known to any person any Department
order which they may receive, unless so required by the nature of the order.
(3)
Contents of any Department record or report filed in
the Police Department shall not be exhibited or divulged to any person other
than a duly authorized police officer, except on approval of the Chief of
Police or under due process of law or as permitted under Department regulations.
G.
Compromising criminal cases. Members and employees shall
not interfere with the proper administration of criminal justice.
(1)
Members and employees shall neither attempt to interrupt
the legal process, except where a manifest injustice might otherwise occur,
nor participate in or be concerned with any activity which might interfere
with the process of law.
(2)
Members and employees shall not attempt to have any traffic
summons or notice to appear reduced, voided or stricken from the calendar.
(3)
Any member or employee having knowledge of such action
and failing to inform his superior officer thereof shall be subject to disciplinary
action.
A.
In making arrests, members shall strictly observe the
laws of arrest and the following provisions:
(1)
The arresting officer shall employ only such force and
necessary restraint to assure the safety of other persons, other police officers
and himself.
(2)
Every member shall refrain from using unnecessary force
or violence in making arrests and must not strike a prisoner or any other
person except when necessary in self-defense or to overcome actual physical
resistance in making an arrest. However, he must be firm, resolute and energetic,
exercising the necessary means to perform his duty properly. When it is necessary
to use force, the circumstances shall be included in the arrest report on
the case.
(3)
The arresting officer is responsible for the safety and
protection of the arrested person while in his custody. He shall notify the
officer in charge of any injury, apparent illness or other conditions which
indicate that the arrested person may need special care.
(4)
The arresting officer is responsible for the security
of the personal property in possession or under the control of the arrested
person at the time of arrest. Except for vehicles, this responsibility transfers
to the transportation officers when they accept custody of the arrested person.
B.
Assisting criminals. Members and employees shall not
communicate any information which might assist persons guilty of criminal
or quasi-criminal acts to escape arrest or punishment or which may enable
them to dispose of or secrete evidence of unlawful activity or money, merchandise
or other property unlawfully obtained.
C.
Complaints by members for assault against themselves.
Members shall arrest perpetrators of assaults, assaults and batteries and
criminal offenses directed against them. The perpetrators shall be charged
accordingly. Whenever it is impossible to consummate the arrest at the time
of the offense, the member shall make a complete report of the incident to
his commanding officer with a request that he be allowed to make a complaint
in the proper court at the next session. A warrant which may be issued as
a result of filing such a complaint shall in no case be served by the aggrieved
member.
A.
Custody of prisoners. Members charged with the custody
of prisoners shall observe all laws and Department orders regarding this activity.
Prisoners shall be kept securely, treated firmly and humanely and shall not
be subjected to unnecessary restraint.
B.
Transportation of prisoners. Members transporting prisoners
shall do so in accordance with Department policy.
(1)
Prisoners requiring medical attention shall be delivered
to the appropriate emergency hospital, and the transporting officers shall
be responsible for the security of the prisoners until properly relieved by
a guard officer unless otherwise directed by a superior officer.
(2)
Prisoners and their property shall be surrendered at
the jail to custodial officers or as otherwise directed by competent authority.
(3)
Any prisoner transported to a hospital in an ambulance
shall be accompanied and guarded by an officer unless police exigencies dictate
otherwise. In the latter case, a guard will be arranged for the prisoner as
soon as possible.
C.
Use of derogatory terms. Members or employees shall:
(1)
Neither speak disparagingly of any race or minority group
nor refer to them in insolent or insulting terms of speech, whether prisoners
or otherwise.
(2)
Neither use uncomplimentary terms of speech when referring
to any prisoner or other person nor willfully antagonize any person with whom
he comes in contact.
D.
Reports and bookings. No member or employee shall knowingly
falsify any official report or enter or cause to be entered any inaccurate,
false or improper information on records of the Department.
E.
Recommending attorneys and bail bond brokers prohibited.
Members and employees shall not suggest, recommend, advise or otherwise counsel
the retention of any attorney or bail bond broker to any person coming to
their attention as a result of police business. Any person requesting this
information shall be referred to the telephone directory.
F.
Acting as bailor prohibited. Members and employees cannot
act as bailors for any person in custody except relatives and in no case where
any fee, gratuity or reward is solicited or accepted.
A.
Handling of firearms. Police officers shall at all times
exercise due caution and the utmost care in the handling of firearms on and
off duty.
B.
Official service weapon.
(1)
The official service weapon shall be the handgun issued
to each police officer by the Department. Carrying any other weapon on or
off duty shall be prohibited. However, the Chief of Police shall have the
option of authorizing special weapons for specific assignments.
(2)
Nothing contained herein shall prevent a police officer
from owning or possessing a revolver or pistol for the purpose of target shooting
or hunting as authorized by New Jersey State statute or federal law, but pertains
solely to the possession and use of firearms for law enforcement purposes.
C.
Authorized holsters. The official issue service weapon
shall be carried on duty only in Department-issued and -approved holsters.
While off duty, a police officer, if carrying the service weapon, shall use
only an authorized holster which has been inspected by a firearms instructor
and which conforms to Department regulations.
D.
Carrying of a service weapon.
(1)
Police officers shall carry their issue service weapon
on duty and may carry their issue service weapon while off duty in the following
manner:
(2)
Police officers who have been suspended or whose weapons
have been taken from them as result of any action by the Chief of Police shall
not carry any weapon during such period while off duty.
E.
Tampering with the service weapon. All repairs and adjustments
to the issue service weapon shall be made only by the Department Armorer.
No one is permitted to disassemble the service weapon beyond field stripping
for cleaning purposes. No special grips or other modifications such as trigger
changes shall be permitted other than those approved by the Chief of Police
and performed by the Armorer.
F.
Security of service weapon.
(1)
Each officer shall be held strictly accountable for the
security of his issue service weapon both on and off duty. No unauthorized
persons are permitted to handle or discharge the officer's service weapon
under any circumstances.
(2)
Each police officer shall keep his weapon in a secure
place while at home and the weapon is not on his person.
(3)
The loss of the Department-issued weapon shall be reported
to the respective Division commander immediately.
G.
Discharge of firearms. All discharges of firearms by
police officers other than at an approved pistol range, whether on or off
duty, shall be governed by the prevailing firearms policy of the County of
Atlantic or the State of New Jersey and within the guidelines of the use of
deadly force.
H.
Approved ammunition. All ammunition for the approved
service weapon to include training ammunition shall be provided by the Department
with no expense to the police officer. No other ammunition other than that
issued by the Department is to be carried under any circumstance.
I.
Accountability. Due to the extremely severe consequences
involving the misuse of firearms, all police officers shall be held strictly
accountable to these regulations. Any violation of the regulations shall be
considered a serious breach of discipline.
J.
Terms. The term "revolver" in all other sections of the
Department's rules and regulations is to be disregarded, and all future
reference to the handgun carried by members of the Police Department will
be termed the "official service weapon."
A.
Conduct toward the public. Members and employees shall
be courteous and orderly in their dealing with the public. They shall perform
their duties quietly, avoiding harsh, violent, profane or insolent language,
and shall always remain calm regardless of provocation. Upon request, they
are required to supply their names and badge numbers in a courteous manner.
They shall attend to requests from the public quickly and accurately, avoiding
unnecessary referral to other parts of the Department.
B.
Impartial attitude. All members, even though charged
with vigorous and unrelenting enforcement of the law, must remain completely
impartial toward all persons coming to the attention of the department. Violations
of the law are against the people of the state and not against the individual
officer. All citizens are guaranteed equal protection under the law. Exhibiting
partiality for or against a person because of race, creed or influence is
conduct unbecoming an officer. Similarly, unwarranted interference in the
private business of others when not in the interests of justice is conduct
unbecoming an officer.
C.
Disparaging nationality, race or creed. Courtesy and
civility toward the public is required of all members of the Department. Members
shall not use words which humiliate, disparage, demean, degrade, ricicule
or insult a person because of his race, creed, color, national origin, ancestry,
marital status, sex, age, affectional or sexual orientation, familial status
or disability.
[Amended 2-25-1999 by Ord. No. 2-1999]
D.
Public statements. Members of the Department shall not
make public statements concerning the work, plans, policies or affairs of
the Department which may impair or disrupt the operation of the Department
or which are obscene, unlawful or defamatory.
E.
Subversive organizations. No member or employee shall
knowingly become a member of or connected with any subversive organization,
except when necessary in the performance of duty and then only under the direction
of the Chief of Police.
F.
Affiliation with certain organizations prohibited. Police
officers shall not join or affiliate themselves with any organizations whose
constitution embraces provisions which might in any way exact prior consideration
and prevent the proper and efficient functioning of the Department. This prohibition
does not apply "to the active military or naval service of the United States
or of this state, in time of war or an emergency, or for or during any period
of training or pursuant to or in connection with the operation of any system
of selective service" (source: N.J.S.A. 38:23-4).
[Amended 2-25-1999 by Ord. No. 2-1999]
G.
Affiliation with radical groups. No police officer or
civilian employee, except in the discharge of police duties, shall knowingly
associate with or have any dealings with any person or organization which
advocates or which is instrumental in fostering hatred, prejudice or oppression
against any racial or religious group.
H.
Commercial testimonials. Members and employees shall
not permit their names or photographs to be used to endorse any product or
service which is in any way connected with law enforcement without the permission
of the Chief of Police. They shall not, without the permission of the Chief
of Police, allow their names or photographs to be used in any commercial testimonial
which alludes to their positions or employment with the Department.
I.
Public appearance requests. All requests for public speeches,
demonstrations and the like will be routed to the Chief of Police for approval
and processing. Members and employees directly approached for this purpose
shall suggest that the party submit his request to the Chief of Police.
A.
Court appearances. Attendance at a court or quasijudicial
hearing as required by subpoena is an official duty assignment. Permission
to omit this duty must be obtained from the prosecuting attorney handling
the case or other competent court official. When appearing in court, either
the official uniform or, with permission, a business suit with shirt and tie
shall be worn. Members shall present a neat and clean appearance, avoiding
any mannerism which might imply disrespect to the court.
B.
Testifying for the defendant. Any member or employee
subpoenaed to testify for the defense in any trial, hearing or against the
municipality or Department in any hearing or trial shall notify his commander
upon receipt of the subpoena. The commander shall notify the Chief of Police.
[Amended 2-25-1999 by Ord. No. 2-1999]
C.
Duty of member or employee to appear and testify. It
shall be the duty of every member or employee to appear and testify upon matters
directly related to the conduct of his office, position or employment before
any court, grand jury or the State Commission of Investigation. Any member
or employee failing or refusing to so appear and to so testify shall be subject
to removal from his office, position or employment.
D.
Department investigations; testifying. Members or employees
are required to answer questions or render material and relevant statements
in a Department investigation when such questions and statements are directly
related to job responsibilities.
E.
Truthfulness. Members and employees are required to be
truthful at all times, whether under oath or not.
F.
Civil action; court appearances; subpoenas. A member
or employee shall not volunteer to testify in civil actions and shall not
testify unless legally subpoenaed. Members and employees will accept all subpoenas
legally served. If the subpoena arises out of Department employment or if
the member or employee is informed that he is a party to a civil action arising
out of Department employment, he shall immediately notify his commanding officer
and the Chief of Police of the service or notification and of the testimony
he is prepared to give. Members and employees shall not enter into any financial
understanding for appearance as witnesses prior to any trial, except in accordance
with current directives.
[Amended 2-25-1999 by Ord. No. 2-1999]
G.
Civil depositions and affidavits. Members and employees
shall confer with their commanders before giving a deposition or affidavit
on a civil case. If a commander determines that the case is of importance
to the city, he shall inform the Chief of Police before the deposition or
affidavit is given.
H.
Civil cases. Members shall not serve civil process or
assist in civil cases unless the specific consent of the Chief of Police is
obtained. They shall avoid entering into civil disputes particularly while
performing their police duties but shall prevent or abate a breach of the
peace or crime in such cases.
