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.
[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.
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]
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:
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:
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.
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.
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.