Borough of Red Bank, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted 6-20-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 118.
Attachment 1 - Police Department Organizational Chart Attachment 2 - Distribution of Personnel

§ A950-1 Foreword.

A. 
The purposes of this Manual are to set forth rules and regulations governing the conduct of police officers and civilian employees of the Department; to define personnel procedures and to provide procedural guidance for members of the Department in carrying out the duties imposed upon them by law.
B. 
This Manual is not intended to provide detailed procedural steps for each course of police action. General or special orders issued by the Chief of Police provide a constant supplementary guide to meet changing conditions.
C. 
The success of a police department in the performance of its duties is largely measured by the degree of support and cooperation it receives from the people of the community which it serves. It is of paramount importance to secure for this department the confidence, respect and approbation of the public. The cultivation of such desirable attitudes is dependent upon proper performance of duty by all the members of this department.
D. 
Upon the members of this department is imposed a professional responsibility no less grave than that of other administrators of the law. Professionalization of police is gaining general recognition, but it can win universal acclaim and permanent status only if the actions of the police are reflected in intelligent, sincere, efficient and courteous service. The police profession must embody the highest attributes of every other profession. Not private, nor personal reward, but the service of the community is the earmark of the professional police officer.

§ A950-2 Code of ethics.

A. 
Law enforcement is an honorable calling. Service in this field demands a professional rather than an occupational philosophy. Personal honor, a desire for professional status, and devotion to service above self, are the motives which impel a police officer to discharge his responsibility in full measure.
B. 
A police officer's life is one of self-sacrificing service to a high ideal, based upon his recognition of the responsibilities entrusted to him and the belief that law enforcement is an honorable vocation. He fully accepts his responsibilities to defend the right, to protect the weak, to aid the distressed, and to uphold the law in public and private living. He accepts the obligation to report facts and to testify without bias or display of emotion, and to consider all information coming to his knowledge by virtue of his position, as a sacred trust, to be used for official purposes only. He gives his loyal and faithful attention to the identification and apprehension of criminals, being equally alert to protect the innocent and prosecute the guilty. He performs the functions of his office without fear, favor, or prejudice and does not engage in unlawful or improper practices.
C. 
He does not disclose to unauthorized persons any information concerning pending matters which might be prejudiced to the interests of the state, the Borough, or the Department.
D. 
He does not seek to benefit personally by any confidential information which has come to him by virtue of his assignment. He is respectful and courteous to all citizens. He is faithful and loyal to his organization, constantly striving to cooperate with and to promote better relations with all regularly constituted law enforcement agencies and their representatives in matters of mutual interest and obligation.
E. 
Rigid adherence to the principles set out above is mandatory for anyone accepting a position in the Police Department. Acceptance of these principles should not be perfunctory; it should be weighed carefully. Citizens are quick to criticize any misconduct of members of the Department; the community places a trust in police officers and expects them to so conduct themselves as to merit this trust. Members should be proud to hold a position that demands so much.
F. 
There must be a moral philosophy and strong appreciation of the need for service in any profession. Unwavering adherence to such a moral philosophy will earn for police officers the respect and support of the public.
G. 
Each member of the Police Department will be required to conform to the Law Enforcement Code of Ethics.

§ A950-3 Professional conduct and responsibilities.

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.
B. 
Loyalty. Loyalty to the Department and to associates is an important factor in departmental 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. Within the Borough, 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 departmental jurisdiction.
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. 
Insubordination. Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer shall be insubordination. Ridiculing a superior officer or his orders, whether in or out of his presence, is also insubordination.
H. 
Questions regarding assignment. Members and employees in doubt as to the nature or detail of their assignment shall seek such information from their supervisors by going through the chain of command.
I. 
Knowledge of laws and regulations. Every member is required to establish and maintain a working knowledge of all laws and ordinances in force in the Borough of Red Bank, the rules and policies of the Department and the orders of the Department and divisions thereof. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question.
J. 
Performance of duty. All members and employee shall perform their duties as required or directed by law, departmental rule, policy or order, or by order of a superior officer. All lawful duties required by competent authority shall be performed promptly as directed, notwithstanding the general assignment of duties and responsibilities.
K. 
Obedience to laws and regulations. Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the Department and all general or special orders of the Department.
L. 
Establishing elements of violation. Existence of facts establishing a violation of a law, ordinance, or rule, is all that is necessary to support any allegation of such as a basis for a charge under this section. It is not necessary that a formal complaint be filed or sustained. Nothing in the Manual of Rules prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in departmental orders, or in laws and ordinances within the cognizance of the Department.
M. 
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 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 attention of the Chief of Police, official channels may be bypassed.
N. 
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 by rank.
O. 
Criticism of orders. Members and employees shall not publicly criticize instructions or orders they have received.
P. 
Manner of issuing orders. Orders from superior to subordinate shall be in clear, understandable language, civil in tone and issued in pursuit of departmental business.
Q. 
Unlawful orders. No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinance or departmental rule.
R. 
Obedience to unlawful orders. Obedience to an unlawful order is never a defense for an unlawful action; therefore, no member or employee is required to obey any order which is contrary to federal or state or local ordinance. Responsibility for refusal to obey rests with the member. He shall be strictly required to justify his action.
S. 
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 below.
T. 
Conflicting orders. Upon receipt of an order conflicting with any previous order or instruction, the member 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.
U. 
Reports and appeals; unlawful, unjust, 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. Extra-departmental action regarding such an appeal shall be conducted through the office of the Chief of Police.
V. 
Gifts, gratuities, fees, rewards, loans, etc., soliciting. Members and employees shall not under any circumstances solicit any gift, gratuity, loan or fee where there is any direct or indirect connection between the solicitation and their departmental membership or employment.
W. 
Acceptance of gifts, gratuities, fees, loans, etc. Members and employees shall not accept either directly or indirectly any gift, gratuity, loan, fee or any other thing of value arising from or offered because of police employment or any activity connected with the employment. Members and employees shall not accept any gift, gratuity, loan fee, or other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of the member or employee 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.
X. 
Other transactions. Members and employees are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employment except as may be specifically authorized by the Chief of Police.
Y. 
Rewards. Members and employees shall not accept any gift, gratuity or reward in money or other consideration for services rendered in the line of duty to the community or any person, business or agency except lawful salary and that which may be authorized by law.
Z. 
Disposition of unauthorized gifts, gratuities, etc. Any unauthorized gift, gratuity, loan, fee, reward or other thing falling into any of these categories 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 connected therewith.
AA. 
Free admission and passes. Members and employees shall not solicit or accept free admission to theaters and other places of amusement for themselves and others except in the line of duty.
BB. 
Debts — incurring and payment.
(1) 
No member or employee shall borrow any money or otherwise become indebted to any other member or employee.
(2) 
Members and employees shall not solicit other members or employees to co-sign or endorse any promissory note or other loan.
(3) 
No member or employee shall offer to act as a cosigner or endorser of any promissory note or other loan for another member or employee.
(4) 
Members and employees shall pay all just debts and legal liabilities incurred by them.

§ A950-4 General conduct on duty.

A. 
Prohibited activity on duty. Members and employees are prohibited from engaging in the following activities while on duty, with the exceptions as noted:
(1) 
Sleeping, loafing, idling.
(2) 
Recreational reading (except at meals).
(3) 
Conducting private business.
(4) 
Carrying newspapers or other articles (except in the performance of police duty).
(5) 
Drinking intoxicating beverages (except in performance of a police duty, and then, only with the specific consent of a commanding officer and never in uniform).
(6) 
Gambling, unless to further a police purpose.
B. 
Loitering. All members on duty or in uniform shall not enter taverns, theaters or other public places except to perform a police task. Loitering and unnecessary conversation in such locations are forbidden. Eating in a licensed liquor establishment, although not forbidden, is discouraged.
C. 
Military courtesy. When meeting in public, officers shall conform to normal courtesy standards and refer to each other by rank. A salute will be rendered to all superior officers when in uniform. A salute will also be rendered to the Mayor and Councilmen of the Borough.
D. 
National colors and anthem. Uniformed 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.
E. 
Roll call. Unless otherwise directed, members and employees shall report to daily roll call at least 15 minutes prior to the commencement of his tour of duty, properly uniformed and equipped. They shall give careful attention to orders and instructions avoiding unnecessary talking or movement.
F. 
Relief. All members and employees are to remain at their assignment and on duty until properly relieved by another member or employee or until dismissed by competent authority.
G. 
Meals. Members may suspend their police duty for a lunch period to be taken within their beats or assigned duty areas, subject to modification by the commanding officer. Meals shall be eaten with reasonable dispatch when in public view.
H. 
Reporting. Members and employees shall promptly submit such reports as are required by the performance of their duties or by competent authority.
I. 
Absence from duty. Every member or employee who fails to appear for duty at the date, time and place specified for so doing without the consent of competent authority is "absent without leave." Absences without leave must be reported in writing to the Chief of Police.
J. 
Inspections. From time to time, the Chief of Police may call for full dress inspections 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." Excuse from inspection may be granted by the Chief of Police for good cause.
K. 
Training. All members shall attend in-service training in the theory and practice of law enforcement at the direction of the Chief of Police.
L. 
Physical fitness for duty. All members of the Department shall maintain good physical condition so that they can handle the strenuous physical contacts often required of a law enforcement officer. All members must comply with the weight program adopted by this department.
M. 
Consumption of intoxicants. Members and employees shall not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that ability to perform duty is impaired.
N. 
Intoxication. Members and employees shall not at any time be intoxicated while on duty. They shall not at any time, on or off duty, be intoxicated in public view.
O. 
Intoxicants on departmental premises.
(1) 
Members and employees shall not bring into or keep any intoxicating liquor on departmental premises except:
(a) 
When necessary in the performance of a police task.
(b) 
Packaged goods for temporary storage in locker spaces when the seals are unbroken.
(2) 
Liquor brought into departmental premises in the furtherance of a police task shall be properly identified and stored according to current policy.
P. 
Smoking while on duty. Members and employees shall not smoke on duty while in direct contract with the public nor when in uniform in public view, except that smoking is permitted in public view at mealtimes and while patrolling in police automobiles, at which times it shall be as inconspicuous as possible.
Q. 
Possession of keys. No member, unless authorized by his commanding officer, shall possess keys to any premises not his own, on or near his beat.
R. 
Address and telephone numbers. Members and employees shall record their correct residence address and telephone number with the commanding officer. Members and employees are required to have telephones in the place where they reside. Changes in address or telephone number shall be reported to the commanding officer within 24 hours of the change. This shall be done in writing on the appropriate form and within the specified time, whether the member or employee is working or on leave.

§ A950-5 Uniforms, equipment and appearance.

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 will 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 an employee uniform when so directed by the Chief of Police.
C. 
Wearing or carrying 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 badge in his pocket.
D. 
Wearing of name badge. A member, when in uniform, shall wear the regulation name badge on his uniform shirt or dress jacket, whichever is outermost, and it shall be worn just above the right breast pocket.
E. 
Altering style of uniform. Uniforms shall be made of the material and 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 as full equipment the following:
(a) 
Badge.
(b) 
Police Department Identification Card.
(c) 
Pistol and ammunition (department-issued or approved).
(d) 
Whistle.
(e) 
Handcuffs.
(f) 
Flashlight, as necessary.
(g) 
Mace.
(h) 
Night stick.
(2) 
A member shall also carry specially issued equipment and forms necessary for performing his duties.
G. 
Equipment in civilian clothes and on duty.
(1) 
While on duty, members who are required to wear civilian clothes shall carry as full equipment the following:
(a) 
Badge.
(b) 
Pistol and ammunition (department-issued or approved).
(c) 
Handcuffs.
(d) 
Police Department Identification Card.
(2) 
The exception to the above may be where the members are assigned to station office duties and with permission from the Chief of Police.
H. 
Carrying equipment off duty. When off duty, each member will carry or have in his immediate possession, his badge, identification card and authorized revolver.
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 with tie 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, unless otherwise directed. All articles of clothing shall be of a conservative nature.
J. 
Equipment. All equipment must be clean, in good working order, and conform to department specifications.
K. 
Uniform and equipment damage claim. Any claims for damage to clothing, equipment, and eyeglasses caused by performance of duty shall be made by submitting a written report to the Chief of Police.
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 serviceable 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 hair at the back of the neck and in no event over the shirt collar in normal posture.
(2) 
Sideburns shall not extend below the lobe 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) 
Mustaches must be neatly trimmed and cannot extend below the upper lip.
M. 
Firearms. Departmental regulations concerning the care and use of firearms are designed to protect the lives of police officers and the lives and property of the public.
N. 
Handling of firearms. Police officers shall exercise caution and the utmost care in handling firearms on and off duty.
O. 
Official police firearm. The official police revolver shall be the revolver issued to each police officer by the Department. Carrying personal firearms on duty or during emergencies is prohibited.
P. 
Off-duty firearm. The Chief of Police may authorize a police officer to carry an off-duty firearm other than the official police firearm, providing that the police officer follows the steps prescribed herewith:
(1) 
He submits a written report through channels requesting permission to carry an off-duty firearm.
(2) 
He submits to the superior officer in charge of firearms training for inspection of the off-duty firearm that he intends to carry in order to determine whether it meets the same standards set for safety and serviceability that apply to the official police firearm.
(3) 
He submits his authorized off-duty firearm for test fire and inspection upon his appearance for scheduled firearms re-training.
(4) 
He carries the authorized off-duty firearm only after he has secured the approval of the Chief of Police and only during the time this approval remains in effect.
(5) 
He observes and is bound by any part of or any section of these rules and regulations which pertain to the official police firearm, and he understands that these same rules and regulations also apply to the use of any off-duty firearm which may be authorized by the Chief of Police.
Q. 
On-duty and off-duty holsters. The official police firearm or authorized off-duty firearm shall be carried only in department-issued holsters or in authorized holsters which conform to department specifications.
R. 
Nonregulation firearm prohibited. Police officers who carry and employ firearms other than those that have been inspected and approved by the Police Department shall be subject to disciplinary action.
S. 
Tampering with police firearm. All repairs and adjustments to the official police firearm shall be made by the superior officer in charge of firearms training. Police officer shall not use unauthorized molded grips, special-type grips, no pearl-handled grips. Also, they shall not make any change in the trigger pull mechanism or effect any other unauthorized alteration or addition. Grip adapters may be used in special cases, but only after the police officer first has obtained the approval of the superior officer in charge of the firearms section.
T. 
Care of firearms off duty outside home. A police officer, when off duty and outside his home, shall keep his department-issued firearm or authorized off-duty firearm holstered and on his person readily available for necessary use, unless he is on sick, injured or vacation leave. To avoid an accidental discharge, a police officer shall not carry his firearm in his waistband or in any of his pockets. The firearm should always be kept in a holster.
U. 
Care of firearm off duty, at home. A police officer shall keep his firearm inoperable and inaccessible but readily available in case of emergency.
V. 
Removing firearm from belt. When removing a firearm from his person, a police officer shall keep the firearm holstered and jointly remove both the revolver and holster from his belt. A police officer shall not remove the firearm from its holster except when he intends to clean or fire it. However, when circumstances require, a police officer may unload his firearm before storing it in a secure place, providing he observes all the safe practices prescribed and taught by authorized department firearms instructors for the unloading of the weapon.
W. 
Discharge of firearms report. Whenever a firearm is discharged by a police officer, either in the performance of police duty or accidentally, the police officer shall:
(1) 
Promptly notify the superior officer on duty in the command of occurrence.
(2) 
Be guided by the instruction of the superior officer.
(3) 
Submit reports as required by department order.
X. 
Firing of the weapon under other circumstances. A police officer may fire his firearm to dispose of an animal that is dangerous or that is seriously injured when other means of disposition are unavailable.
Y. 
Carrying firearm — general. Police officers shall carry their official police firearms or authorized off-duty firearms fully loaded and in a serviceable, operating condition so that they may be prepared when called upon to carry out a police duty, service, function, or responsibility. They shall also carry six rounds of extra ammunition. Police officers who may be sick, injured, or on vacation leave may, but are not required to, carry a firearm. Police officers who are suspended or whose weapons have been officially taken from them for other reasons shall not carry a firearm under any circumstances.
Z. 
Loss of the firearm. Loss of the official police firearm through carelessness or neglect shall be deemed a serious violation of department regulation.
AA. 
Ammunition issue. The initial issue and replacement of the ammunition for department firearms shall be made by the Department without expense to the police officer. The Department shall replace rounds of ammunition that have been expended in the line of police duty. Only department-issued ammunition shall be used.
BB. 
Warning shots. Under no circumstances will a member fire warning shots.
CC. 
Moving vehicles. Firing at or from moving vehicles is prohibited unless the occupant of the other vehicle is using deadly force against the officer by means other than the vehicle.
DD. 
Qualifications for use of firearms. All members of the Police Department shall demonstrate their proficiency in the use of firearms, their knowledge of the laws concerning the use of firearms and the principles of accepted procedures for the use of firearms at least twice a year.
EE. 
Department property and equipment. 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.
FF. 
Damaged-inoperative property or equipment. Members and employees shall immediately report to their commanding officer on designated forms any loss of or damage to departmental 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.
GG. 
Care of department buildings. Members and employees shall not mar, mark or deface any surface in any departmental building. No material shall be affixed in any way to any wall in departmental buildings without specific authorization from a commanding officer.
HH. 
Notices. Members and employees shall not mark, alter or deface any posted notice of the Department. Notices or announcements shall not be posted on bulletin boards without permission of a commanding officer. No notices of a derogatory nature will be posted at any time.
II. 
Manuals maintenance. All members and employees who are issued manuals are responsible for their maintenance and will make appropriate changes or inserts as they arise.
JJ. 
Surrender of department property. Members and employees are required to surrender all department property in their possession upon separation from the service. Failure to return nonexpendable items may cause the person to reimburse the Department for the fair market value of the article(s).
KK. 
Department vehicle use. Members shall not use any departmental vehicle without the permission of a commanding officer or Chief of Police. Departmental vehicles shall never be used for personal business or pleasure. This does not apply to the Chief of Police, who is on call 24 hours a day.
LL. 
Transporting citizens. Citizens will be transported in departmental vehicles only when necessary to accomplish a police purpose. Such transportation will be done in conformance with departmental policy or at the direction of a commanding officer, immediate supervisor or communications center. This does not apply to the Chief of Police, who is on call 24 hours a day.
MM. 
Reporting accidents. Accidents involving Borough personnel property and/or equipment must be reported immediately to the Shift Commander. The Shift Commander will investigate the accident and make out the necessary reports. The involved officer will also make out an "Officer's Report" concerning the matter.
NN. 
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 same. They shall set an example for other persons in the operation of their vehicles.
OO. 
Emergency calls and use of emergency lights and sirens. Members driving any department vehicles, when responding to an emergency call, shall exercise judgment and care with regard to the safety of life and property. They shall slow down at all street intersections to such degree that, when crossing 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 flashers and sound the siren on such calls and take the utmost precaution.
PP. 
Presumption of responsibility. In the event that Borough property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property or vehicle was responsible.

§ A950-6 Communication; correspondence.

A. 
Restrictions. Members and employees shall not:
(1) 
Use departmental letterheads for private correspondence.
(2) 
Send correspondence out of the Department over their signature without the general permission of the Chief of Police.
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 acknowledgement.
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 on any motor vehicle registration or operator's or chauffeur's license.
D. 
Telephones. Departmental telephone equipment may not be used for the transmission of private messages without the express approval of a commanding officer, and all members shall strictly observe regulations for such operations as set forth in departmental orders.
E. 
Radio discipline. All members of the Department operating the police radio either from a mobile unit or in the communications center shall strictly observe regulations for such operations as set forth in departmental orders and by the Federal Communications Commission.

§ A950-7 Death and injury notifications.

A. 
Death or serious injury. When a member is killed or seriously injured on or off duty, immediate verbal notification will be made to the Chief of Police or to the officer acting in the Chief's absence. This will be followed by a written report no later than the following work day. Information shall include the date, location, cause, extent of injuries and property damage. Serious injury in this instance means an injury which could result in death or disability.
B. 
Non-serious injury. In cases where the injuries are other than of a serious nature, a written report will be submitted on the first work day following the incident including all information required above. These reports are in addition to those accident and sick reports otherwise required.
C. 
Death of member or employee. Any member or employee receiving notice of the death of any member, employee or retired member, during regular business hours, shall notify the Chief of Police and the commander of the deceased. At other times, the officer in charge shall be notified and he shall relay such information to the Chief of Police.
D. 
Notification of family. The family of a member or employee injured or dying on duty shall be notified immediately by the senior available member.

§ A950-8 Investigations, arrests and detentions.

A. 
Command of scene. At the scene of any crime, accident or other police incident, the ranking officer present shall assume command and the direction of police personnel in such a manner as 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 is intended to provide for the coordination of 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 insure that appropriate action is being taken or is initiated.
B. 
General responsibilities of members 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:
(1) 
Summoning medical assistance and administering first aid as required to prevent further injury or loss of life.
(2) 
Arrest of violator(s).
(3) 
Security of the scene.
(4) 
Conducting a preliminary investigation.
C. 
Responsibilities of assigned member at crime scene. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incident are responsible for the duties in Chapter 16, Article 17, Section 2, as they may be necessary, and the completion of the preliminary or other investigation as directed. This shall include (but is not necessarily limited to) securing statements and other information which will aid in the successful completion of the investigation, and locating, collecting and preserving physical evidence material to the issue.
D. 
Relief of member conducting preliminary investigation. Upon completion of the preliminary investigation, the assigned officer shall stand relieved unless otherwise directed by a superior.
E. 
Identification as police officer. Except where impractical or unfeasible, or where the identity is obvious, officers shall identify themselves by displaying the official badge or identification card before taking police action.
F. 
Arrests. In making arrests, members shall strictly observe the laws of arrest and the following provisions:
(1) 
Only necessary restraint to assure safe custody and the safety of the officer shall be employed.
(2) 
The arresting officer is responsible for the safety and protection of the arrested person while in his custody. He shall notify the transportation officers of any injury, apparent illness, or other conditions which indicate that the arrested person may need special care.
(3) 
The arresting officer is responsible for the security of the personal property in the possession of the arrested person or under his control at the time of the arrest. Except for vehicles, this responsibility transfers to the transportation officers when they accept custody of the arrested person.
G. 
Custody of prisoners. Officers charged with the custody of prisoners shall observe all laws and departmental orders regarding this activity. Prisoners shall be kept securely, treated firmly and humanely, and shall not be subjected to unnecessary restraint.
H. 
Transportation of prisoners. Officers transporting prisoners shall do so in accordance with departmental 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 prisoner 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 a private 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.
I. 
Use of physical force. Malicious assaults or batteries committed by members constitute gross misconduct. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task successfully. Whenever a member, either on or off duty, is required to strike or use considerable physical force against another person, he immediately shall call a superior officer to the scene, or, if not practical, contact him as soon as possible following the incident and submit a written report to the Chief of Police through normal channels.
J. 
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.
K. 
Press relations at crime scenes. Members in control of a crime scene shall not grant access and supply information regarding the incident to the working press. He shall refer the press to the Shift Commander for all details.
L. 
Security of departmental business. Members and employees shall not reveal police information outside the Department except as provided elsewhere in this manual or as required by law or competent authority. Specifically, information contained in police records, other information ordinarily accessible only to members and employees, and names of informants, complainants, witnesses and other persons known to the police are considered confidential. Silence shall be employed to safeguard confidential information. Violation of the security of this type of information reflects gross misconduct.
M. 
Compromising criminal cases. Members and employees shall not interfere with the proper administration of criminal justice.
(1) 
Members and employees shall not attempt to interrupt 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) 
Except in the interest of justice members and employees, shall not attempt to have any traffic citation 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 charges.
N. 
Assisting criminals. Members and employees shall not communicate in any manner, either directly or indirectly, 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.
O. 
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.
(1) 
This does not apply when a relative of the member seeks such service.
(2) 
In no case may such advice be given where a fee, gratuity, or reward is solicited, offered, or accepted from the attorney or bondsman.
(3) 
Soliciting business for an attorney or bail bondsman is gross misconduct.
P. 
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.
Q. 
Civil complaints by members. Members will not prefer a civil complaint against a person for injuries or damages incurred during the conduct of duty without the express permission of the Chief of Police.

§ A950-9 Public activities.

A. 
Publicity. Members and employees shall not seek publicity in the course of their employment.
B. 
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 position or employment with the Department.
C. 
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.
D. 
Outside employment. Members and employees shall not engage in any business or occupation which may divert their attention from normal police service or handicap them or render them unfit to perform the duties required of them in the Department.
E. 
Membership in organizations. Members and employees shall not affiliate themselves with any organization or group, the constitution or by-laws of which in any way exacts prior consideration or which would prevent its members from rendering proper and efficient service to the Department.
F. 
Trade unions — organizations affiliated with trade unions. No member or employee shall affiliate himself with any labor union or organization in any way identified or associated with any trade association, trade federation or labor union. No association of police officers recognized by the Department or having membership from the Department shall be affiliated directly or indirectly with any trade association.
G. 
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.
H. 
Political activity. Political activity by members and employees shall be restricted to voting and activities affecting working conditions of members and employees. Members and employees shall not solicit or make contributions in money or other things directly or indirectly on any pretext to any person, committee or association for political purposes not directly affecting working conditions of members and employees. They shall not use the influence of their office.
I. 
Personal preferment. No member or employee may seek the influence or intervention of any person outside the Department for purposes of personal preferment, advantage, transfer or advancement.
J. 
Conduct toward the public. Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane or insolent language, and shall always remain calm, regardless of provocation to do otherwise. Upon request, they are required to supply their name and badge or serial number in a courteous manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the Department.
K. 
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 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.
L. 
Caring for lost, helpless, injured or ill persons. Members shall always be alert to assist lost, helpless, injured or ill persons. Every member is strictly charged with maintaining a proficiency in first aid techniques authorized by the American Red Cross and taught in a police training school. Failure or inability to render first aid competently is considered as serious as neglect of duty.
M. 
Availability when on duty. Members on duty shall not conceal themselves except for some police purpose. They shall be immediately and readily available to the public during duty hours.
N. 
Responding to calls. Members of the Department shall respond without delay to all calls for police assistance from citizens or other members. Emergency calls take precedence; however, all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no member shall fail to answer any landwire or radio call directed to him. The communications center will be informed when leaving the air, and when returning to a duty status.

§ A950-10 Judicial and investigative actions — appearance and testifying.

A. 
Court appearances. Attendance at court or quasi-judicial 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 officials. When appearing in court, either the official uniform or clothing conforming to standards imposed on officers working in plain clothes shall be worn. Weapons will not be displayed unless wearing the uniform. Members shall present a neat and clean appearance, avoiding any mannerism which might imply disrespect to the court, such as gum-chewing and smoking.
B. 
Testifying for the defendant. Any member or employee subpoenaed to testify for the defense in any trial or hearing, or against the Borough or department in any hearing or trial, shall notify his commander upon receipt of the subpoena. He shall notify the governmental attorney.
C. 
Refusal to testify. Any member or employee appearing as a witness before: any competent investigative body; a judicial tribunal; a hearing board; or a person authorized to take testimony, who invokes his constitutional privilege and refuses to testify shall be subject to disciplinary action.
D. 
Departmental investigations — testifying. Members or employees are required to answer questions by or render material and relevant statements to a competent authority in a departmental personnel investigation when so directed.
E. 
Truthfulness. Members and employees are required to be truthful at all times whether under oath or not.
F. 
Civil action interviews. Civil action interviews involving members or employees which arise out of departmental employment shall be conducted according to current departmental directives.
G. 
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 departmental employment or if the member or employee is informed that he is a party to a civil action arising out of departmental employment, he shall immediately notify his commanding officer and the governmental attorney 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 appearances as witnesses prior to any trial, except in accordance with current directives.
H. 
Civil depositions and affidavits. Members and employees shall confer with their commander before giving a deposition or affidavit on a civil case. If the commander determines that the case is of importance to the Borough, he shall inform the Chief of Police before the deposition or affidavit is given.
I. 
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.

§ A950-11 Rules of discipline.

A. 
Disciplinary action.
(1) 
Violation of any provisions of this manual, or the following causes or violations of department rules and regulations shall be sufficient to subject any member to disciplinary action, although such action shall not be deemed to be limited to those here listed.
(2) 
Willful or neglectful disobedience of orders.
(3) 
Disrespect to a superior officer or municipal officer.
(4) 
Indulging in intoxicants while in uniform.
(5) 
Indecent or profane language.
(6) 
Unnecessary violence to a prisoner or others.
(7) 
Absence without leave.
(8) 
Sleeping on duty.
(9) 
Absence from post or duty without the express permission of a superior officer.
(10) 
Improper patrol of post.
(11) 
Neglect in paying just debts.
(12) 
Immorality, indecency or lewdness.
(13) 
Lack of diligence or gross ignorance of departmental rules and regulations.
(14) 
Inefficiency, due to mental or physical incapacity.
(15) 
Feigned illness.
(16) 
Violation of any criminal law.
(17) 
Entering any premises where intoxicating liquor is sold or furnished while in uniform except in the course of police duty.
(18) 
For making known any proposed action or movement of the Police Department, or for revealing any departmental order, other than to those persons immediately concerned in their execution.
(19) 
Conduct unbecoming an officer and gentlemen.
(20) 
Conduct subversive to the good order and the discipline of the Department.
(21) 
Publicly commenting upon the official action of any public official or departmental member.
(22) 
Failure to attend drill or school of instruction at the time fixed or whenever ordered.
(23) 
Failure to report a known violation of the law, or the ordinances of the Borough.
(24) 
Swearing falsely in application for appointment to the Department of police, or to such other papers as required of him as affidavit in accordance thereto.
(25) 
Soliciting anyone to intercede with the Chief of Police, Police Committee, Mayor or members of the Council in relation to promotion assignments, disposition of pending charges, or findings in a departmental trial or other related matter.
(26) 
Neglect of duty. Any violation or offense not specifically set forth above in respect to discipline will be charged under this section.
B. 
Who is subject to disciplinary action. Members of the Department, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for violating his oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or Borough ordinances or failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment; or for violation of any general order or rule of the Department; or for failure to obey any lawful instruction, order or command of a superior officer. Disciplinary action in all cases will be decided on merits of each case.
C. 
Penalties. The following penalties may be assessed against any member or employee of the Department as disciplinary action:
(1) 
Oral reprimand.
(2) 
Written reprimand.
(3) 
Voluntary surrender of time off in lieu of other action.
(4) 
Voluntary surrender of accumulated overtime in lieu of other action.
(5) 
Suspension.
(6) 
Demotion.
(7) 
Removal from the service.
D. 
Departmental authority to discipline. Within the limitations set forth in the Rules or N.J.S.A. 40A:14-147 to 150, inclusive, and Borough ordinances, the Departmental disciplinary authority and responsibility rests with the Chief of Police. Except for oral reprimands and emergency suspensions, departmental discipline must be taken or approved by the Chief of Police. Other supervisory personnel may take the following disciplinary measures:
(1) 
Oral reprimand.
(2) 
Written reprimand (subject to approval by the Chief of Police).
(3) 
Emergency suspension.
(4) 
Written recommendations for other penalties.
E. 
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. This will only be in effect if the Chief of Police isn't available.
F. 
Emergency interdivisional 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.
G. 
Interdivisional 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 reason therefor to his commanding officer of the member employee.
H. 
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.
I. 
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(s) and time(s) of the misconduct and location(s).
(3) 
The section number(s) of this manual violated and 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.
J. 
Distribution of reports of disciplinary action. The report shall be distributed as follows by the officer imposing or recommending the disciplinary action:
(1) 
Original to the Chief via the chain of command.
(2) 
Duplicate to subject's commanding officer.
(3) 
Triplicate retained by officer imposing or recommending the action.
K. 
Endorsement and forwarding of disciplinary reports. Each level in the chain of command must endorse and forward reports bearing on disciplinary matters received. Such endorsement may be one of approval, disapproval, or modification. No member or employee shall alter or cause to be altered or withdraw, 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 departmental directives.
L. 
Informing the person being disciplined. The member or employee being disciplined shall be informed of the charges and penalties, if any, assigned at the time such action is taken. Such charges shall be in writing.
M. 
Appeals from penalties. Appeals from penalties as disciplinary measures may be taken as provided in the Rules, or N.J.S.A. 40A:14-147 to 150, inclusive, and the Borough ordinances.
N. 
Misconduct observed by police personnel. Whenever any command or supervisory officer observes or is informed of the misconduct of another member or employee which indicates the need for disciplinary action, he shall take authorized and necessary action and render a complete report of the incident and his actions to his commanding officer.

§ A950-12 Citizen complaints against police personnel.

Complaints by citizens against members or employees of this department shall be processed in the following manner:
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. The member assigned the investigation of an alleged act of misconduct on the part of a member or an employee of this department shall conduct a thorough and accurate investigation. Such investigation shall include formal 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.
E. 
Reports of investigation of alleged acts of misconduct. Alleged acts of misconduct must be investigated and the results of the investigation must be reduced to a written report, entitled "Report of Investigation and Findings." The investigating member shall summarize the pertinent facts, including:
(1) 
An abstract (summary) of the complaint or alleged act of misconduct.
(2) 
Pertinent portions of the statements of all parties to the incident.
(3) 
A description of the incident, physical evidence and other evidence important to the case.
(4) 
The observations and conclusions of the investigating member.
F. 
Findings. One of the findings listed below will be included in the Report of Investigation and Findings of an alleged act of misconduct.
(1) 
Unfounded. The investigation indicates that the act or acts complained of did not occur or failed to involve departmental personnel.
(2) 
Exonerated. Acts did occur but were justified, lawful and proper.
(3) 
Not sustained. Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint.
(4) 
Sustained. Investigation disclosed evidence sufficient to clearly prove the allegations made in the complaint.
(5) 
Not involved. Investigation established that the subject of the investigation in the Report of Investigation and Findings was not involved in the alleged incident.
G. 
If the complainant is not satisfied with the outcome of the investigation, he may request an informal hearing before the Police Committee. Upon reasonable notice to the police officer and to the complaining witness, the Police Committee shall commence an informal hearing to determine whether probable cause exists to suspend or discipline the police officer. Due notice of the time and place of the hearing shall be provided to the complaining witness, and if the witness fails or neglects to appear or otherwise fails to be present without good cause, the issue may be decided upon the basis of the evidence available. The notice of the hearing shall inform the police officer and the complaining witness of their respective rights to be represented by counsel and to present such evidence and witnesses as they may desire. In the event probable cause exists, the Police Committee shall certify said finding forthwith to the Mayor and Council for formal hearing in accordance with N.J.S.A. 40A:14-147 to 150, and shall furnish a copy of the certification to the police officer and the complaining witness. In the event probable cause is not found to exist, the Police Committee shall certify the finding forthwith to the Mayor and Council and shall furnish copies of the certification to the police officer and the complaining witness. In the event probable cause is not found to exist, the complaining witness may petition the Mayor and Council for further review of the finding by filing a written statement of reasons with the Mayor and Council within 20 days of the receipt of the certification. The Mayor and Council shall review the entire record in determining whether review will be granted. In the event that review is granted, the Mayor and Council shall conduct a formal hearing in accordance with N.J.S.A. 40A:14-147 to 150. Where review is denied, the complaining witness and the police officer shall be so notified.

§ A950-13 Grievance procedure.

The Police Committee shall recognize and deal with the officers and the members of the Police Department for the adjustment of any grievances which may arise in accordance with the following procedure:
A. 
The grievance shall be presented by the employee in writing to the immediate supervisor. After a full disclosure of the facts, the supervisor must make every effort to reach a satisfactory settlement to the aggrieved employee. If the supervisor cannot make an immediate settlement, the aggrieved employee shall resume regular duties and the grievance and decision shall be forwarded to the next higher superior officer of the unit to which the employee is attached. This superior officer shall give his reply in writing. If the settlement is not satisfactory, then the grievance shall be forwarded through the chain of command to the Chief of Police for his attempt at a satisfactory settlement or adjustment. If the grievance is still unresolved, then the grievance shall be referred to the Police Committee. The Police Committee may place the matter before the governing body if it deems necessary.
(1) 
Hours of work, legal authority. Certain hours are designated in assigning members to regular tours of duty. Hours of work are limited by the Revised Statutes of New Jersey (40A:14-132). "The hours of employment shall be eight hours a day, 40 hours a week."
(2) 
Emergency suspension of days off. In case of emergency, police officers and civilian employees of the Police Department may be summoned for and kept on duty during the emergency.
(3) 
Absence from duty for five days continuously. Any police officer who shall be absent from duty without just cause for a term of five days continuously, and without leave of absence, shall at the expiration of such five days, cease to be a member of such Police Department and force. Source: N.J.S.A. 40A:14-122.
(4) 
Sick leave defined. Sick leave is the period which a police officer is excused from active duty by reason of illness or injury.

§ A950-14 Leave of absence.

A. 
Suspension of vacation, day off or leave of absence. Any vacation, day off, or leave of absence may be suspended when a sudden and serious emergency arises, and when in the judgment of the Chief of Police such action be taken.
B. 
Days off. Police officers or civilian employees are entitled to days off which are to be taken according to a schedule arranged by the respective commanding officers.
C. 
Exchange of vacation or of days off. When mutually agreeable, any two police officers, or any two civilian employees, may exchange their vacation periods or days off, but may do so only with the approval of their commanding officers.

§ A950-15 Sickness and injury leave.

A. 
Prompt report of sickness or injury. Police officers and civilian employees shall report injury or sickness, whether on or off duty, promptly to their command. The superior officer receiving the report shall execute the required forms at once so that the Surgeon's Office is notified for disposition and record.
B. 
Reporting sick or injured. Police officers and civilian employees unable to report for duty because of sickness or injury shall make an immediate report to their commanding officer or desk officer in person or by telephone. If the police officer is unable to report, a relative or other responsible person shall notify the commanding officer or desk officer of all pertinent facts either in person or by telephone.
C. 
Address of confinement. Police officers and civilian employees, when sick or injured, shall be responsible for notifying their supervisor as to their place of confinement or of any subsequent change in their place of confinement.
D. 
Sick or injured while on duty. Police officers taken sick or injured on patrol, investigative or traffic duty shall report the facts to their command by signal box or telephone and shall remain on duty until relieved, unless excused by the Shift Commander. The only exception to this rule would be where the sickness or injury is disabling to the point of preventing compliance. As soon as possible, the officer will make out all necessary forms to his injury or sickness and turn them in to his commanding officer. The Shift Commander will investigate all cases involving officers injured while on duty.
E. 
Unauthorized absence. Police officers or civilian employees, who absent themselves in an improper manner, shall be subject to charges being preferred against them. Police officers are guilty of unauthorized absence:
(1) 
Who are not home or who are not at their place of confinement, while on sick leave, when visited by the Department Surgeon or a superior officer.
(2) 
Who feign illness or injury.
(3) 
Who deceive the Department Surgeon in any way so to their true condition.
(4) 
Who are injured or become sick as the result of improper conduct or of intemperate, immoral or vicious habits or practices.
(5) 
Who violate any provisions concerning the reporting of sickness or injury.
F. 
Amount of sick time. First year of service, five sick days. After that, 15 sick days per year. Sick days will be accumulated, and upon retiring from the Red Bank Police Department with 25 years of service or more, members will be paid for the amount of sick days that have accumulated, providing it does not exceed 300 days. Accumulated sick leave will also be paid to an employee who terminates his or her employment due to a service-connected disability before serving 25 years, providing it does not exceed 300 days. If a member dies while still employed as a police officer, his accumulated sick time will be paid to his beneficiary. The number of sick days to be paid shall not exceed 300 days.
G. 
Injured on duty — workmen's compensation. In the event a member of the Police Department is injured as a result of an accident arising out of and in the course of his employment, he shall be entitled to and receive full pay while so injured and disabled, except that there shall be deducted the amount of money which the member is paid under the provisions of Chapter 15 of Title 34 of the Revised Statutes of New Jersey (workmen's compensation) for temporary disability. The member of the Police Department shall be entitled to full pay while disabled as result of an accident arising out of and in the course of his employment only so long as he receives temporary disability payments under workmen's compensation. As soon as the temporary disability payments stop, the member of the Police Department shall no longer be entitled to full pay unless he returns to full-time duty.
H. 
Doctor's certificate. Any member being absent from duty because of sickness or injury may be required to furnish a doctor's certificate to the Chief of Police, stating what illness or injury the officer was afflicted with.

§ A950-16 Military leave.

A. 
Military reserve leave. "A police officer or a civilian employee who is a member of the Organized Reserve of the Army of the United States, United States Naval Reserve, United States Air Force Reserve or United States Marine Corps Reserve, or other affiliated organization, shall be entitled to leave of absence from his respective duty without loss of pay or time on all days on which he shall be engaged in field training. Such leave of absence shall be in addition to the regular vacation allowed such employee or police officer." Source: N.J.S.A. 38:23.1.
B. 
Enlistment or re-enlistment in national or state military organization. Police officers and civilian employees of the Department shall not enlist, reenlist or accept a commission in any federal or state military organization without receiving prior permission from the Chief of Police.
C. 
Extended leave (surrender of department property). Before reporting for extended military service, police officers of the Department shall surrender all department property held by them to their commanding officers.
D. 
Draft board determination. When a police officer or civilian employee has been classified "1-A" by Selective Service, or ordered to report for examination, he shall immediately make these facts known to this commanding officer.
E. 
Field training leave. Police officers or civilian employees on military leave for field training must notify their commanding officer at least 30 days before the date their training period is scheduled to begin. They must also submit copies of their official military orders at least five days prior to the date they are to report for duty.

§ A950-17 Leave of absence for death in family.

A. 
Death in family. If a member of your immediate family dies, you may be granted up to three days off with pay. The time off is not charged to vacation, personal or sick leave. If a relative not a member of your immediate family dies, you may be granted one day off. "Immediate family" means father, mother, father-in-law, mother-in-law, child, stepparent, stepchild, foster child, grandparent, grandchild, sister, brother, aunt, uncle, nephew, niece or other relative of the employee residing in the employee's household.
[Amended 10-1986]
B. 
Death leave allowance in special cases. In special or unusual cases, a commanding officer may allow a police officer or civilian employee to attend funeral or memorial service for someone other than those persons enumerated in Rule PR:116.1. The intent of this provision is to cover the situation in which someone other than the immediate kin has raised the police officer, or had a very close relationship with him.

§ A950-18 Annual vacation period subject of special order.

[Amended 10-1986]
A. 
Selection of vacation. Annual vacation periods shall be selected according to seniority within individual ranks. In the ranks above patrolman, when the accrued seniority in rank is equal, the determining factor shall be length of service in the next preceding rank.
B. 
Vacation scheduling. Vacation schedules shall be arranged by each division commanding officer with the approval of the Chief of Police.
C. 
Deferment of vacation. Only under extenuating circumstances subject to review and approval of the Chief of Police may vacations be deferred.
D. 
Vacation address. A report of a vacation address is not required from a police officer or a civilian employee whose vacation application has been approved. Permission is thereby granted to him to leave the city during the period of vacation.
E. 
Split vacation. Split vacation periods may be granted to any police officer of the Department, providing permission has been obtained from his commanding officer. However, once vacation periods have been selected, they shall be completed without interruption unless it becomes necessary, by reason of emergency, to suspend them.
F. 
Change of selected dates prohibited. After vacation dates are selected and application has been filed with the commanding officer, police officers shall be permitted to change dates only in emergencies.
G. 
Amount of vacation time.
(1) 
During the calendar year of appointment, an employee will earn 1/2 day for each month worked.
(2) 
During the calendar year after appointment, the employee will be credited with 10 days vacation on January 1, but the vacation shall not be taken prior to June 1.
(3) 
After the first full calendar year and through the fifth year, 10 days of vacation.
(4) 
Sixth year through the tenth year, 15 days.
(5) 
Eleventh year through the fifteenth year, 20 days of vacation.
(6) 
Sixteenth year and over, 25 vacation days.
(7) 
Anniversary dates must fall within the first three months of the calendar year before getting credit for the year.

§ A950-19 Resignation.

A. 
Resignations to be in writing. All resignations of police officers or civilian employees must be in writing and bear the signature of the person resigning. Police officers shall provide the Chief of Police not less than five days' written notice or shall have obtained special permission from the Chief of Police or the Police Director to do otherwise.
B. 
Resignation prohibited while charges are pending. Police officers or civilian employees are prohibited from resigning while charges are pending against them.

§ A950-20 Driver license.

Police officers and civilian employees operating Department motor vehicles shall possess a valid New Jersey driver's license. Whenever a driver's license belonging to a police officer is revoked, suspended or lost, he shall immediately make this fact known to his commanding officer, giving him full particulars.

§ A950-21 Police manual.

A. 
Distribution of the manual. One copy of the Rules and Regulations Manual shall be distributed to each police officer and to certain civilian employees of the Police Department. Also, for reference purposes, copies shall be distributed to the office of the Borough Clerk and the Mayor.
B. 
Responsibility for maintenance. Each police officer, each civilian employee and each superior officer who is assigned a Manual shall be responsible for its maintenance and care. All Manuals shall be kept current and supplementary pages concerning additions, revisions or amendments shall be promptly and properly inserted.
C. 
Additions and amendments or revisions. When a section is amended, revised or added to, the new section shall be inserted according to number and title. Generally, a full-page replacement will be issued for insertion to replace the page containing the amended or revised section. When a page is an addition, instructions shall be given for its proper insertion. Instructions shall also be issued for the discontinuance of outdated sections.
D. 
Familiarization. Each police officer and each civilian employee is duty-bound to thoroughly familiarize himself with the provisions of the Rules and Regulations. Failure to comply shall be considered neglect of duty.
E. 
Ignorance of the rules. In the event neglect of duty is charged against a member for failure to observe the Rules and Regulations, Departmental Procedures or Orders, ignorance of any provision of this Manual or any Departmental Procedure or Order will not be accepted as an excuse.
F. 
Previous orders. All Rules, Regulations, Procedures and Orders, previously issued, contrary to those embodied in the Manual, are hereby revoked. All other Rules, Regulations, Orders and Procedures not in conflict with those contained in the Manual shall remain in force.

§ A950-22 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACTING
Serving temporarily in a position to which the member is not ordinarily assigned, usually in a position of higher rank. All the authority, responsibilities and duties of the officer in the higher position devolve upon the acting member.
ANNUAL LEAVE
The vacation period granted to all members annually.
CAPTAIN
Captain of Police of the Department.
CHAIN OF COMMAND
The unbroken line of authority extending from the Chief of Police through a single subordinate at each level of command down to the level of execution and vice versa.
CHIEF
Chief of Police of the Department.
COMMANDING OFFICER
Any rank of Captain and above.
DAYS OFF
Those days, determined by the Chief of Police, on which a given member is excused from duty.
DEPARTMENT
The Red Bank Police Department.
DEPARTMENTAL MANUALS
Reference guides specifying the rules and regulations governing the conduct of personnel and the operation of the Department as well as specifying departmental policies and procedures. Departmental General Orders will be incorporated into the appropriate departmental manual after a provisional period of operation. Such manuals in force in this department are issued by authority of the Chief of Police and carry the weight of a General Order. Compliance with the provisions of departmental manuals is required.
DEPUTY CHIEF
Deputy Chief of Police of the Department.
DETAIL
A temporary assignment of personnel for a specialized activity.
DETECTIVE
A police officer assigned to conduct criminal investigations while in civilian clothing.
DISTRICT
A geographical area administratively designated for purposes of investigation, supervision or patrol.
DIVISION
A functional unit having jurisdiction-wide coverage whose commanding officer reports directly to the Chief of Police or Deputy Chief.
EMPLOYEE
Civilian employee of the Department.
GENDER
Use of the masculine gender herein shall also include, where applicable, the female gender.
GENERAL ORDERS
Written directives issued at departmental or divisional level by the Chief of Police or Commanding Officer of a division, respectively. General Orders remain in full force and effect until amended, superseded or canceled by the issuing authority. Departmental General Orders establish policy, procedure or regulations governing matters which affect the entire department or two or more subordinate units. They are the most authoritative directive issued in the Department and may be used to amend, supersede or cancel any other order. Divisional General Orders are of the same nature, but effective only within the division in which issued and shall be approved by the Chief of Police.
HEADQUARTERS
The police buildings that house the headquarters staff and the members of this department.
INCOMPETENCE
Incapable of satisfactory performance of police duties.
INSUBORDINATION
Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer. Ridiculing a superior officer of his order, whether in or out of his presence, is also insubordination. Disrespectful, mutinous, insolent or abusive language done toward a supervising officer is insubordination.
LAWFUL ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law, ordinance or any department rule or regulation.
LEAVE OF ABSENCE
The period of time during which an officer is excused from active duty and during which time he receives no pay.
LIEUTENANT
Lieutenant of Police of the Department.
MAY/SHOULD
As used herein, the words "may" and "should" shall mean that the action indicated is permissive.
MEMBER
Any duly appointed police officer of the Department.
MEMORANDA
Information bulletins which are primarily designed to inform and secondarily to direct issues at departmental and divisional level. Such memoranda are not official orders but express the thinking of the issuing authority on the subject under consideration.
MEMORANDUM BOOK
A book in which members are required to record their work and official actions.
MILITARY LEAVE
The period of time during which an officer is excused from duty by reason of serving the Armed Forces of the United States in an active capacity as provided by law.
NEGLECT OF DUTY
Failure to give suitable attention to the performance of duty. Examples include, but are not limited to: failure to take appropriate action on the occasion of a crime, disorder or other act or condition deserving police attention; absence without leave; failure to report to duty at the time and place designated; unnecessary absence from the beat during a tour of duty; failure to perform duties prescribed in the Police Manual; failure to conform to the Department operating procedures.
OFF DUTY
The state of a member during the period he is free from the performance of specified duties. Also may be known as rest period, day off or an annual leave.
OFFICER-IN-CHARGE
Any member below the rank of Captain in charge of an organic unit.
OFFICIAL CHANNELS
Through the hands of the superior officer of the chain of command.
ON DUTY
The state of a member during a period of the day when he is actively engaged in the performance of his duties. Technically, a police officer is subject to call at all times.
ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty.
PATROL CAR
Departmental automobile, marked and radio equipped.
PERSONNEL ORDERS
Appointment, assignment or any other status change of personnel within the Department are accomplished by departmental personnel orders issued by the Chief of Police. Divisional personnel orders may be issued by a division commander to detail personnel. Orders shall be forwarded to the office of the Chief of Police for approval.
PLURALITY OF WORDS
The singular includes the plural and the plural includes the singular.
POLICE INCIDENT
An occurrence or incident suggesting or requiring police action or service by members.
PROBATIONARY PERIOD
The required period prior to permanent appointment to the Department.
PROCEDURE
The official method of dealing with any given situation prescribed by Chief's order or procedural guide.
RULES AND REGULATIONS
Departmental legislation consisting of detailed directives binding members and employees of all ranks in terms of authority, responsibility and conduct.
RULES AND REGULATIONS
Directions issued by the Chief of Police to define the police purpose and the duties and conduct of all.
SECTION
A functional unit subordinate to a bureau or under the immediate direction of the Chief of Police. It may be commanded by any rank, depending on its size and the nature and importance of its function.
SENIORITY
In the Department is established first by rank and secondly by time served in rank, whether on a regular, assigned or temporary basis. Where conflict occurs because of identical service or dates of appointment, the member with the lowest badge number is deemed to be the senior. In situations requiring decision or control where the officers are of equal rank, the senior will make the decision and exercise control unless otherwise directed by a higher ranking command or supervisory officer.
SERGEANT
Sergeant of Police of the Department.
SHALL/WILL
The words "shall" and "will" as used herein shall indicate that the action required is mandatory.
SHIFT
An eight-hour tour of duty.
SHIFT COMMANDER
A supervisory officer of a shift in the Patrol Division.
SICK LEAVE
The period of time during which an officer is excused from active duty by reason of illness or injury.
SPECIAL DUTY
Police service the nature of which requires that the member be excused from the performance of his regular duties.
SPECIAL ORDERS
Written directives issued at departmental or divisional level by the Chief of Police or a commanding officer of a division, respectively. They specify instruction governing particular situations. Special orders are automatically canceled when their objectives are achieved. Departmental special orders effective only within the division in which issued and shall be approved by the Chief of Police.
SUPERIOR OFFICER
A person holding a higher supervisory or command rank or position.
SUPERVISORY OFFICER
Member of the Department assigned to a position requiring the exercise of immediate supervision over the activities of other members and employees.
TENSE OF WORDS
The words used in the present tense include future.
TOUR OF DUTY
The shift during which an individual member is on duty.
TRAINING BULLETIN
Bulletins published and designed to keep officers of this department abreast of current police techniques and procedures. The bulletins and their presentation act as a continuous training program and as a stimulus for further study. The information contained therein constitutes official departmental policy on the subject matter under consideration in the absence of other instructions to the contrary.

§ A950-23 Organizational structure of Police Department and responsibilities of command within Department.

A. 
The Uniform Division shall consist of a Patrol Section, Traffic Safety Section and Special Affairs Section.
(1) 
The Patrol Section is particularly charged with the following functions:
(a) 
Patrolling all public streets, highways, thoroughfares and parks within the boundaries of the Borough in a manner prescribed so as to perform most effectively the duties of the Department. The principal, though not exclusive, duties of the Patrol Section are to prevent violations of laws and ordinances; to suppress disturbances; to arrest offenders; and to give aid, relief and information to all citizens as circumstances require.
(b) 
Operation of all communication systems within the Police Department including the telephone switchboard, teletype and radio system.
(c) 
Detention and transportation of prisoners and shall include the services of police matrons when female prisoners are involved.
(d) 
The Auxiliary Police, which includes Special Officers when performing police functions other than civil defense functions.
(e) 
Adult school crossing guards.
(2) 
The Traffic Safety Section is generally charged with the following functions:
(a) 
Traffic engineering which shall encompass the making of speed surveys, traffic counts, accident location studies and statistical analyses related thereto.
(b) 
Public education, which shall encompass such activities as driver clinics, bicycle safety programs and the showing of films to school children and adults so as to inculcate safety habits.
(c) 
Traffic enforcement, which shall encompass such activities as accident investigations and selective enforcement through radar programs.
(d) 
Supervision of painting all traffic lines and the maintenance of all traffic signs within the Borough.
B. 
The Criminal Investigation Division is generally charged with the following functions:
(1) 
The prevention of all crime; the investigation and solution of criminal cases; apprehension of offenders; location of missing persons; suppression of gambling and vice; conducting of extradition proceedings; recovery of lost, stolen and strayed property; and service of warrants and summonses.
(2) 
There shall be established within the Criminal Investigation Division a Juvenile Aid Section, which shall be particularly charged with administering a broad program for the prevention and reduction of juvenile delinquency, assisting in the rehabilitation of juvenile delinquents and wayward minors, and assisting in the various guidance activities.
(3) 
There shall be established within the Criminal Investigation Division a Narcotics Section, which shall be particularly charged with the investigation of all narcotics violations, apprehension of offenders and administration of a broad program for children and adults concerning narcotic problems.
(4) 
Will handle all police community relations activities.
(5) 
Maintain a fingerprint and mug file of all persons arrested for indictable offenses and narcotic offenses.
C. 
The Service Division is generally charged with the following functions:
(1) 
Maintain all records, accounts, reports and papers.
(2) 
Furnishing of materials, supplies and maintenance for all divisions.
(3) 
Storage, maintenance, preservation and disposal of lost and stolen property, contraband and evidence.
(4) 
Processing of all applications for licenses and permits.
D. 
Duties and responsibilities are not limited to those listed herein. Other duties and responsibilities may be assigned as necessary to accomplish the objectives of the Department.

§ A950-24 Commanding officers.

A. 
Authority and responsibilities. Subject to direction from higher command, a commanding officer has direct control over all members and employees within his command. In addition to the general and individual responsibilities of all members and employees and supervisory officers, a commanding officer is responsible for the following:
B. 
Command. The direction and control of personnel under his command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures. Providing for continuation of command and/or supervision in his absence.
C. 
Loyalty and esprit de corps. The development and maintenance of esprit de corps and loyalty to the Department.
D. 
Discipline and morale. The maintenance of discipline and morale within the command and the investigation of personnel complaints not assigned elsewhere.
E. 
Interdepartmental action. The promotion of harmony and cooperation with other units of the Department. Initiation of proper action in cases not regularly assigned to his command when delay necessary to inform the proper unit might result in a failure to perform a police duty.
F. 
Organization and assignment. Proper organization and assignment of duties within his unit to assure proper performance of departmental functions and those of his command.
G. 
Reports and records. Preparation of required correspondence, reports and maintenance of records relating to the activities of his command. Assurance that information is communicated up and down the chain of command as required.
H. 
Maintenance. Assurance that quarters, equipment, supplies and materials assigned to his command are correctly used and maintained.

§ A950-25 Shift Commander.

Authority and responsibilities. The Shift Commander, during his tour of duty, exercises the same authority and has the same responsibilities as his commanding officer, subject to higher authority. In the absence of the Shift Commander, the senior available member of the shift is in charge, unless otherwise provided. In addition to the general and individual responsibilities of all members and employees, the Shift Commander is specifically responsible for the following:
A. 
Good order. The general good order of his command during his tour of duty to include proper discipline, conduct, welfare, field training and efficiency.
B. 
Roll call. Conduct of prescribed roll calls, communication of all orders or other information at roll call and inspection and correction of his command daily.
C. 
Reporting. Reporting as required by a commanding officer.
D. 
Personnel complaints. Inquiry into personnel complaints against members and employees under his command in accordance with the provisions of this manual.

§ A950-26 Supervisory officers authority and responsibilities.

A. 
Supervision. A supervisory officer may be assigned to field or office duties. During his tour of duty, he must closely supervise the activities of his subordinates, making corrections when necessary, and commending where appropriate.
B. 
Leadership. Effective supervision demands leadership. Provision of leadership shall include on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved.
C. 
Direction. Supervisory officers must exercise direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. Exercise of command may extend to subordinates outside his usual sphere of supervision if the police objective or reputation of the Department so requires; or if no other provision is made for personnel temporarily unsupervised. This authority shall not be exercised unnecessarily. If a supervisor requires a subordinate other than his own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible.
D. 
Enforcement of rules, etc. Supervisory officers must enforce departmental rules and regulations and insure compliance with departmental policies and procedures.
E. 
Inspection. Supervisory officers are responsible for inspection of activities, personnel and equipment under their supervision and initiation of suitable action in the event of a failure, error, violation, misconduct or neglect of duty by a subordinate.
F. 
Assisting subordinates. A supervisory officer shall have a working knowledge of the duties and responsibilities of his subordinates. He shall observe contacts made with the public by his subordinates and be available for assistance or instruction as may be required. A field supervisory officer shall respond to calls of serious emergencies, felonies in progress, assaults and others unless actively engaged in a police incident. He should observe the conduct of the assigned personnel and take active charge when necessary.
G. 
Probationary period. Appointment of a patrolman to the Police Department is for a probationary period of one year from the date of appointment. Continuation in the service is dependent upon the conduct of the appointee and his or her fitness to perform his or her duties. At any time during his or her probationary period, if the conduct or capacity of the probationer has not been satisfactory, he or she shall be notified in writing that he or she will not receive absolute appointment and their service shall be terminated by the Police Chief with the approval of the Mayor and Council without a trial.
[Amended 10-1986]