City of Somers Point, NJ Article VII Disciplinary Action

§ A267-45 Applicability.

A. Department members, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for violating their oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or municipal ordinances or for failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment or for failure to obey any lawful instruction; all cases will be decided on the merits of each case.

B. Existence of facts establishing a violation of the law, ordinance or rule is all that is necessary to support any allegation of such as a basis for disciplinary action. Nothing in this manual prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in a Department order or in laws and ordinances within the cognizance of the Department.

§ A267-46 Penalties.

[Amended 2-25-1999 by Ord. No. 2-1999]

The following penalties may be assessed against any member or employee of the Department as disciplinary action:

A. Counseling.

B. Oral reprimand.

C. Written reprimand.

D. Loss of holiday/vacation time.

E. Imposition of extra duty.

F. Monetary fine.

G. Transfer/reassignment.

H. Suspension without pay.

I. Loss of promotion opportunity.

J. Demotion.

K. Dismissal.

§ A267-47 Authorization.

A. Within the limitations set forth under N.J.S.A. 40A:14-147 to 14-151, inclusive, and Title 4A of the New Jersey Department of Personnel, inclusive, and municipal ordinances, the Department disciplinary authority and responsibility rest with the Chief of Police. Except for oral reprimands and emergency suspensions, Department discipline must be taken or approved by the Chief of Police. Other supervisory personnel may take the following disciplinary measures:

[Amended 2-25-1999 by Ord. No. 2-1999]

(1) Counseling.

(2) Oral reprimand.

(3) Written reprimand (subject to approval by the Chief of Police).

(4) Emergency suspension.

(5) Written recommendations for other penalties.

B. Emergency suspension. Any command or supervisory officer shall have the authority to impose emergency suspension until the next business day against a member or employee when it appears that such action is in the best interests of the Department.

C. Emergency interdepartmental disciplinary action. When the improper conduct of a member or employee of one unit is of such a nature that immediate or emergency disciplinary action is required of a command or supervisory officer of another unit, such action may be taken at once within the following limitations:

(1) Oral reprimand.

(2) Emergency suspension until the next business day.

D. Interdepartmental oral reprimand. When the command or supervisory officer of one unit orally reprimands a member or employee of another unit, he shall notify the supervisor of the member so disciplined as soon as possible. He shall also submit a written report of this action and the reason therefor to his commanding officer and also to the commanding officer of the member or employee.

E. Follow-up on emergency suspensions. A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day at 9:00 a.m. unless otherwise directed by competent authority. The command or supervisory officer imposing the suspension shall also report to the Chief of Police at the same time.

F. Reports of disciplinary action taken or recommended. Whenever disciplinary action is taken or recommended (except for oral reprimand), a written report must be submitted immediately, in triplicate, containing the following information:

(1) The name, rank, badge number and present assignment of the person being disciplined.

(2) The date and time of the misconduct and the location.

(3) The section number of the violated rule and the common name of the infraction.

(4) A complete statement of the facts of the misconduct.

(5) The punishment imposed or recommended.

(6) The written signature, badge number and rank of the preparing officer and his position in relation to the member being disciplined.

G. Distribution of reports of disciplinary action. Reports shall be distributed as follows by the officer imposing or recommending the disciplinary action:

(1) The original to the Chief through the chain of command.

(2) A duplicate to the subject's commanding officer.

(3) A triplicate retained by the officer imposing or recommending the action.

H. Endorsement and forwarding of disciplinary reports. Each level in the chain of command must endorse and forward reports bearing on disciplinary matters. Such endorsement may be one of approval, disapproval or modification. No member or employee shall alter or cause to be altered or withdrawn any disciplinary report. Disciplinary reports in transit through the chain of command shall not be delayed but must be reviewed, endorsed and forwarded as soon as possible. Disciplinary reports shall be filed in accordance with current Department directives.

I. Informing the person being disciplined. The member or employee being disciplined shall be informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147 and Title 4A of the New Jersey Department of Personnel.

[Amended 2-25-1999 by Ord. No. 2-1999]

J. Appeals from penalties. Appeals from penalties imposed as disciplinary measures may be taken as provided under the current collective bargaining agreement grievance procedure or Title 4A of the New Jersey Department of Personnel.

[Amended 2-25-1999 by Ord. No. 2-1999]

K. Misconduct observed by police personnel. Whenever any commanding or supervisory officer observes or is informed of misconduct of another member or employee which indicates the need for disciplinary action, he shall take the authorized and necessary action and render a complete written report of the incident and his action to his commanding officer.

§ A267-48 Citizens' complaints.

Complaints by citizens against members or employees of the Department shall be processed in accordance with the following rules.

A. During normal business hours: Refer such complaints to the Chief.

B. Other times: Notify the shift commander, who will take one of the following actions:

(1) Instruct a supervisor to receive and investigate the complaint.

(2) Receive and investigate the complaint himself.

C. Serious complaints or allegations. If, in the opinion of the shift commander, the incident is of sufficient gravity, he shall notify the appropriate commanding officer regardless of the hour. In addition, he shall take any immediate action necessary to preserve the integrity of the Department until the arrival of the commanding officer.

D. Investigation of alleged misconduct.

(1) The member assigned to the investigation of an alleged act of misconduct on the part of a member or employee of the Department shall conduct a thorough and accurate investigation.

(2) Such investigation shall include signed statements from all parties concerned when necessary and pertinent, the gathering and preservation of any physical evidence pertaining to the case and all other information bearing on the matter.