[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-13-1993 by Ord. No. 1268]
A.
The purpose of this article is to revise the Police
Department Ordinance of the Borough of Middlesex which was originally
adopted on February 1, 1939, and thereafter supplemented and amended
in order that the organization of the Police Department shall comply
with all existing laws of the State of New Jersey.
B.
This article, inclusive of all amendments and supplements
that may be in effect, may be cited as the "Middlesex Borough Police
Department Ordinance."
C.
The adoption of the article shall not affect the term,
tenure, compensation or pension rights of any person holding any office,
employment or position in the Police Department, except as provided
herein.
The Mayor shall, at the first meeting of the
Borough Council in January of each year hereafter, appoint a Police
Chairman and Police Committee from among the members of the Council.
[Amended 4-8-2003 by Ord. No. 1580; 11-28-2006 by Ord. No.
1701]
There is hereby established in and for the Borough
of Middlesex a Police Department, which shall consist of a Chief of
Police, and no more than two Captains, three Lieutenants, six Sergeants,
five Corporals and 20 police officers.
The Police Department shall preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the Laws of New Jersey and the ordinances of the Borough of Middlesex;
direct and control traffic; provide attendance and protection during
emergencies; provide appearances in court; cooperate with all other
law enforcement agencies; and provide training for the efficiency
of its members and officers.
A.
The Mayor of the Borough of Middlesex shall be designated
as the appropriate authority as provided in the New Jersey Statutes.
The appropriate authority shall be responsible for the overall performance
of the Police Department. The appropriate authority shall promulgate
rules and regulations for the government of the Police Department
and for the discipline of its members. (N.J.S.A. 40A:14-118.)
B.
Pursuant to the provisions of N.J.S.A. 40A:14-118,
a line of authority is hereby established relating to the police functions,
and for the adoption and promulgation by the appropriate authority
of rules and regulations for the government of the Middlesex Borough
police force. As used in this article, "appropriate authority" means
the Mayor. The establishment of this appropriate authority shall not
prevent the appointment by the governing body of committees or commissions
to conduct investigations of the operation of the police force, and
the delegation to such committees or commissions to such powers of
inquiry as the governing body deems necessary or to conduct such hearings
or investigations as may be authorized by law. Nothing herein contained
shall prevent the appropriate authority, or any executive or administrative
officer charged with the general administrative responsibilities within
the municipality, from examining at any time the operations of the
police force or the performance of any officer or member thereof.
In addition, nothing herein contained shall infringe on or limit the
power or duty of the appropriate authority to act to provide for the
health, safety or welfare of the municipality in an emergency situation
through special emergency directives.
The Chief of Police shall be the head of the
Police Department and shall be directly responsible to the appropriate
authority for its efficiency and day-to-day operations. Pursuant to
policies established by the appropriate authority, the Chief of Police
shall:
A.
Administer and enforce the rules and regulations of
the Police Department and any special emergency directive for the
disposition and discipline of the Department and its members and officers;
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department;
C.
Administer and enforce the policies which are adopted
by the appropriate authority;
D.
Prescribe the duties and assignments of all members
and officers;
E.
Delegate such authority as may be deemed necessary
for the efficient operation of the Police Department to be exercised
under the Chief's direction and control; and
F.
Report at least monthly to the appropriate authority
in such form as shall be prescribed on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the appropriate authority. (N.J.S.A. 40A:14-118).
No member or officer of the Police Department
shall be suspended, removed, fined or reduced in rank for any cause
other than for incapacity, misconduct or disobedience as provided
in the New Jersey Statutes and the Police Department's rules and regulations.
(N.J.S.A. 40A:14-147.)
A.
All officers and employees of the Police Department
shall be appointed by the Mayor and Council.
B.
The members of the Middlesex Police Department, as
presently constituted, are hereby continued in their respective offices
or positions; and the salaries established by the Salary Ordinance[1] now in effect shall prevail, and nothing contained in
this section shall be considered as affecting the status, rank, tenure
or any rights heretofore acquired by any member of the existing Department,
except as otherwise stated herein.
No person shall be appointed to the Police Department
who is not qualified as provided in the New Jersey Statutes. (N.J.S.A.
40A:14-122.) In addition, no person shall be appointed unless:
A.
He or she is a citizen of the United States and the
State of New Jersey.
B.
He or she is sound of body and of good health sufficient
to satisfy the requirements of the New Jersey Police and Fireman's
Retirement System.
C.
He or she is able to read, write and speak the English
language well and intelligently.
D.
He or she is of good moral character.
E.
He or she is not less than 21 years of age.
F.
He or she is physically and mentally sound and emotionally
stable and possesses the necessary ability to understand and obey
orders and to perform the duties required of the members of the Police
Department.
G.
He or she has not been convicted of any criminal offense
involving moral turpitude.
H.
He or she has a valid New Jersey driver's license.
I.
He or she has a minimum of a high school diploma and
an approved combination of one or more of the following:
[Amended 4-8-2003 by Ord. No. 1580; 4-11-2023 by Ord. No. 2082]
Except as specifically provided otherwise in
this article, no person shall be appointed to the Police Department
unless that person shall have:
A.
Filed written application on the form prescribed by
the Police Chief.
B.
Submitted such completed application form and supporting
documents as requested.
C.
Qualified by the passing of the required physical,
written and oral admission test.
D.
Submitted to and passed a medical and physical examination
conducted by a physician approved by the Mayor and Council and, if
so requested, submitted to and passed a screening psychological examination
prior to receiving appointment to the Police Department.
E.
Met all other minimum requirements enumerated in this
article.
F.
Some or all of the requirements as set forth in Subsections C and D hereof may be waived or amended, with consultation and recommendation of the Chief of Police, for candidates that are qualified for certification through the New Jersey Police Training Commission, including, but not limited to, police academy enrollment, police academy Alternate Route Program attendance, Class II waiver training, Correctional Police Officer gap training, or other approved training programs.
[Added 6-28-2005 by Ord. No. 1654; amended 4-11-2023 by Ord. No. 2082]
No applicant shall be considered for appointment
who:
A.
Lacks the established qualification requirements for
the position for which he or she has applied or been tested.
B.
Is physically, mentally or emotionally unfit to perform
effectively the duties of the position in which he or she seeks employment.
C.
Is addicted to the habitual use of drugs or intoxicating
liquors.
D.
Has been convicted of any indictable offense or who
has been convicted of any crime or offense involving moral turpitude.
E.
Has made any false statements of a material fact or
practiced or attempted to practice any deception or fraud in his or
her application, in his or her test or in securing his or her eligibility
or appointment.
Every person appointed to the Police Department
shall, as a prerequisite to becoming a member thereof and before entering
upon his or her duties as such, take and subscribe to an oath or affirmation
as may be required and prescribed by the laws of the State of New
Jersey.
All active members of the Police Department,
on attaining the age of 65 years, shall retire from service.
[Amended 4-14-1998 by Ord. No. 1425]
A.
All appointments to the Police Department shall be
for a probationary period of one year, and no person holding such
a probationary appointment as a police officer shall be given or accept
a permanent appointment unless such person has successfully completed
a police training course at an approved school. Continuation in the
service is dependent upon the conduct of the appointee and his or
her fitness to perform his or her duties. At the termination of the
probationary period, if the conduct or performance of the probationer
has not been satisfactory, that person shall be notified, in writing,
that his probationary period with the Middlesex Borough Police Department
is to be extended for an additional period of six months or that the
person will not receive absolute appointment, and the decision of
the Chief of Police shall be final in this regard. In the event that
the Chief of Police determines that there should not be an extension
of the probationary employment for a period of six months, the Chief
of Police shall so notify the person and shall make his recommendation
to the governing body to the effect that his or her services shall
be terminated. Should the Chief of Police agree to extend the probationary
employment of the employee for a period of six months, the probationary
employment will then continue for that six-month extension period,
and, during the period of extended probationary employment, the job
performance of the employee will continue to be observed and evaluated.
At the completion of the extended six-month probationary term, the
overall job performance of the employee will be reviewed and a determination
will be made by the Chief of Police concerning whether the person
shall be recommended for a permanent appointment. If, at the end of
the six-month extension of the probationary employment, the conduct
or performance of the probationer has not been satisfactory, that
person shall be notified, in writing, that the person will not receive
absolute appointment.
B.
At or before the end of the probationary period, the
Mayor and Council may discontinue, at the recommendation of the Chief
of Police, the service of any such appointee, if the working test
indicates that the appointee is unable or unwilling to perform the
duties of his or her position satisfactorily or is of such reputation,
habits and dependability as not to merit continuance in the public
service. Failure to qualify in the use of a police weapon or complete
other assigned training or inability to understand the functioning,
application and use of any police equipment shall be sufficient reason
for the discontinuance of any such appointee, though discontinuance
may be made for causes other than those enumerated herein. In each
such case, the Mayor and Council shall give written notice to the
appointee whose service is discontinued.
[Amended 4-8-2003 by Ord. No. 1580; 12-18-2012 by Ord. No. 1820; 4-11-2023 by Ord. No. 2082]
A.
There will be 11 classes of police officers which
shall be known as "Police Officer Class A," "Police Officer Class
B," "Police Officer Class C," "Police Officer Class D," "Police Officer
Class E," "Police Officer Class F," "Police Officer Class G," "Police
Officer Class H," "Police Officer Class I," "Probationary Police Officer"
and "Academy Police Officer."
B.
The Academy Patrolman shall advance to Probationary
Patrolman level upon graduation from the Academy. The patrolman shall
advance from Probationary Patrolman after one year of satisfactory
service, upon the recommendation of the Chief of Police. The patrolmen
will become eligible for additional advances in grade at the expiration
of each additional year, upon the recommendation of the Chief of Police,
until they have reached Class A, and they shall be paid salaries designated
in the Salary Ordinance under the established categories.
C.
If the Chief of Police does not recommend an advance
in grade from one level to the next, the advance in grade shall not
occur, said advancement not being automatic but being dependent upon
the recommendation of the Chief of Police.
D.
Any reference to "patrolman" shall be deleted and
the word “police officer” inserted.
[Amended 3-23-1999 by Ord. No. 1459; 12-18-2012 by Ord. No. 1820; 4-15-2022 by Ord. No. 2054]
A.
Vacancy. When the Chief of Police determines that a vacancy exists
in the rank of Corporal or above, the Chief shall so inform the Mayor
and Council in writing and request to fill the vacancy. Upon receipt
of this notice, the Mayor and Council shall decide whether to commence
the procedures for filling the vacancy.
B.
Announcement. If the Mayor and Council decide to fill the aforementioned
vacancy, they shall so inform the Chief of Police, who will issue
a memorandum containing the following information:
(1)
The position for which the vacancy exists;
(2)
The eligibility requirements for consideration for the promotion;
(3)
The promotional process that will be utilized to fill the vacancy;
and
(4)
Notice of the date of the oral exam, which shall be no less than
eight weeks from the date of the announcement.
C.
Qualifications for eligibility.
(1)
Corporal and Sergeant.
(a)
A police officer who has completed the probationary period and
five years of continuous service with the Middlesex Borough Police
Department may be eligible for promotion to Corporal or Sergeant.
Such service shall be without interruption except for an approved
leave of absence. The six years of service must have been completed
on or before the date of the Chief's announcement to begin the promotional
process to fill the vacancy.
(b)
Candidates shall have satisfactorily completed all assigned
training to be eligible for promotion.
(2)
Lieutenant, Captain, and Chief of Police.
(a)
Candidates shall have held the rank of Sergeant with the Middlesex
Borough Police Department for at least two years may be eligible for
promotion to Lieutenant, Captain or Chief of Police. The two years
of service must have been completed on or before the date of the Chief's
announcement to begin the promotional process to fill the vacancy.
The candidates must have served continuous permanent service with
the Middlesex Police Department. Such service shall be without interruption
except for an approved leave of absence.
(b)
Candidates shall have satisfactorily completed all assigned
training to be eligible for promotion.
D.
Promotional process.
(1)
Corporal and sergeant.
(a)
Notice to fill the vacancy will be posted on the Police Department's bulletin board. It shall contain the information listed in § 80-16B.
(b)
Eligible candidates who desire to participate in the promotional
process shall notify the Chief of Police in writing within 15 days
of the Chief's issuance of the memorandum announcing the promotional
process for the vacant position. Candidates desiring to be considered
for promotion shall submit a resume to the Chief of Police within
the time constraints delineated in the memorandum.
(c)
Candidates shall be given an oral examination administered by
the New Jersey State Association of Chiefs of Police. A score of at
least a 65 must be attained. Any candidate scoring less than a 65
will be eliminated from the remainder of the process. The weighted
score of the oral examination will be obtained by multiplying the
exam score times 0.2. The oral examination shall cover a range of
topics including but not limited to:
(d)
In addition, candidates shall be evaluated based upon their
qualifications as assessed through a review of each candidate's performance
and personnel file. The Chief of Police and a designee shall review
each candidate's personnel file. A maximum of 50 points will be assessed
based upon the following criteria:
[2]
Military service: maximum two points. To qualify for military
service credit an employee must have accrued four or more years of
military service, and have an honorable discharge from service, or
be on active/reserve status.
[3]
Seniority shall be based on the number of completed years with
the Middlesex Borough Police Department as of the date of the announcement
of the vacancy. One-quarter point per year of service to a maximum
of 20 years. A maximum of five points will be awarded.
[4]
Performance appraisals (review of last five years): maximum
of 18 points. Scores from the last five years of performance appraisals
will be tabulated. Performance evaluations with scoring/rating guidelines
1-6 will be added together and divided by three. Performance evaluations
with scoring/rating guidelines 1-4 will be added together and divided
by two. The scores are then added together and divided by five to
obtain the average score.
[5]
Commendations (review of last 10 years): maximum five points.
[a]
Medal of Honor - one.
[b]
Police Combat Cross - 0.75.
[c]
Meritorious service - 0.75.
[d]
Wound medal - 0.75.
[e]
Perfect attendance citation bar - 0.75.
[f]
Exceptional service - 0.50.
[g]
Honorable service - 0.50.
[h]
Chief's achievement award - 0.50.
[i]
Life saving - 0.50.
[j]
Unit citation - 0.25.
[k]
Certificate of commendation - 0.125.
[7]
Training or special skills: maximum five points. Within the
last five years, i.e., special training, Department training instructor,
field training officer.
[8]
Chief of Police and Command Officer interview: maximum five
points.
(2)
Lieutenant.
(a)
Notice to fill the vacancy will be posted on the police department's bulletin board. It shall contain the information listed in § 80-16B.
(b)
Eligible candidates who desire to participate in the promotional
process shall notify the Chief of Police in writing within 15 days
of the Chief's issuance of the memorandum announcing the promotional
process for the vacant position. Candidates desiring to be considered
for promotion shall submit a resume to the Chief of Police within
the time constraints delineated in the memorandum.
(c)
Candidates shall be given an oral examination administered by
the New Jersey State Association of Chiefs of Police. A score of at
least a 65 must be attained. Any candidate scoring less than a 65
will be eliminated from the remainder of the process. The weighted
score of the oral examination will be obtained by multiplying the
exam score times 0.2. The oral examination shall cover a range of
topics including but not limited to:
(d)
In addition, candidates shall be evaluated based upon their
qualifications as assessed through a review of each candidate's performance
and personnel file. The Chief of Police and a designee shall review
each candidate's personnel file. A maximum of 54 points will be assessed
based upon the following criteria:
[2]
Military service: maximum two points. To qualify for military
service credit an employee must have accrued four or more years of
military service, and have an honorable discharge from service, or
be on active/reserve status.
[3]
Service time: maximum of three points. One-quarter point is
awarded for each fully completed year of service at the rank of Sergeant
in the Middlesex Police Department.
[4]
Performance appraisals (review of last five years): Maximum
of 24 points. Scores from the last five years of performance appraisals
will be tabulated. Performance evaluations with scoring/rating guidelines
1-6 will be added together and divided by three. Performance evaluations
with scoring/rating guidelines 1-4 will be added together and divided
by two. The scores are then added together and divided by five to
obtain the average score.
[5]
Commendations (review of last 10 years): maximum five points.
[a]
Medal of Honor - one.
[b]
Police Combat Cross - 0.75.
[c]
Meritorious service - 0.75.
[d]
Wound medal - 0.75.
[e]
Perfect attendance citation bar - 0.75.
[f]
Exceptional service - 0.50.
[g]
Honorable service - 0.50.
[h]
Chief's achievement award - 0.50.
[i]
Life saving - 0.50.
[j]
Unit citation - 0.25.
[k]
Certificate of commendation - 0.125.
[7]
Training and special skills: maximum five points. Within the
last five years, i.e., special training, department training instructor,
field training officer.
[8]
Chief of Police interview: maximum five points.
(3)
Captain.
(a)
Notice to fill the vacancy will be posted on the Police Department's bulletin board. It shall contain the information listed in § 80-16B of this policy.
(b)
Eligible candidates who desire to participate in the promotional
process shall notify the Chief of Police in writing within 15 days
of the Chief's issuance of the memorandum announcing the promotional
process for the vacant position, and shall submit a resume to the
Chief of Police within the time constraints delineated in the memorandum.
(c)
Candidates shall be given an oral examination administered by
the New Jersey State Association of Chiefs of Police. A score of at
least a 65 must be attained. Any candidate scoring less than a 65
will be eliminated from the remainder of the process. The weighted
score of the oral examination will be obtained by multiplying the
exam score times 0.2. The oral examination shall cover a range of
topics including but not limited to:
(d)
In addition, candidates shall be evaluated based upon their
qualifications as assessed through a review of each candidate's performance
and personnel file. The Chief of Police and a designee shall review
each candidate's personnel file. A maximum of 49 points will be assessed
based upon the following criteria:
[2]
Military service: maximum two points. To qualify for military
service credit, an employee must have accrued four or more years of
military service, and have an honorable discharge from service, or
be on active/reserve status.
[3]
Service time: maximum three points. Service time shall be based
on the number of completed years in rank as of the date of the announcement
of the vacancy. One-quarter point is awarded for each fully completed
year of service at the rank of Lieutenant in the Middlesex Police
Department. One-tenth point is awarded for each fully completed year
of service at the rank of Sergeant in the Middlesex Police Department.
[4]
Performance appraisals (review of last five years): maximum
of 24 points. Scores from the last five years of performance appraisals
will be tabulated. Performance evaluations with scoring/rating guidelines
1-6 will be added together and divided by three. Performance evaluations
with scoring/rating guidelines 1-4 will be added together and divided
by two. The scores are then added together and divided by five to
obtain the average score.
[5]
Commendations (review of last 10 years): maximum five points.
[a]
Medal of Honor - one.
[b]
Police Combat Cross - 0.75.
[c]
Meritorious service - 0.75.
[d]
Wound medal - 0.75.
[e]
Perfect attendance citation bar - 0.75.
[f]
Exceptional service - 0.50.
[g]
Honorable service - 0.50.
[h]
Chief's achievement award - 0.50.
[i]
Life saving - 0.50.
[j]
Unit citation - 0.25.
[k]
Certificate of commendation - 0.125.
[7]
Training and special skills: maximum five points. Within the
last five years, i.e., special training, department training instructor,
field training officer.
[8]
Candidates will be interviewed by the Mayor and Council in the same manner as described in § 80-16D(4)(b).
(4)
Chief of Police.
(a)
The promotion to the position of Chief of Police shall be the
sole prerogative of the Mayor and Council. Only superior officers
(Sergeant or higher in rank) are eligible for promotion to Chief of
Police. Eligible candidates will be evaluated and rated on a range
of criteria to include, but not limited to, a resume, interview with
the Mayor and Council, review of performance and personnel file. No
minimum score is required in any one section in order to continue
to any other section of the promotional process.
(b)
The candidates will be interviewed by the Mayor and Council,
and they will review the candidate's personnel file, work history
and job performance, will evaluate recommendations of the incumbent
Chief of Police (if applicable), and any written recommendations in
the candidate's file from members of the Middlesex Police Department
or by other members of the general public, if any, and will also observe
the manner in which the candidates answer questions in order to determine
his or her ability to assume the duties and responsibilities of the
Chief of Police.
(c)
Final decision for the promotion or appointment shall rest with
the Mayor and Council.
E.
Recommendation for promotion.
(1)
Notwithstanding § 80-16D(4) (concerning the Chief of Police), scores of the candidates following the promotional process will be tabulated by the Chief of Police.
(2)
Notwithstanding § 80-16D(4) (concerning the Chief of Police), the Chief of Police will provide the governing body with the names and scores of the three applicants attaining the highest scores along with his/her recommendation for promotion if he/she chooses to make a recommendation.
(3)
Final decision for the promotion or appointment shall rest with the
Mayor and Council and be selected from the three applicants with the
highest scores.
F.
Probationary period. All promotions shall be subject to a one-year
probationary period. Officers not successfully completing the one-year
probationary period will be returned to their previously held rank.
G.
Eligibility list. An eligibility list will be established based on
the final scores. The eligibility list shall remain in effect for
a period of two years from the date posted. Discipline received while
on the eligibility list can be considered as part of the promotional
process. Any candidate that receives major discipline such as reduction
in rank or suspension of more than five days while on the eligibility
list will be disqualified and removed from the list.
H.
Appeals process.
(1)
All candidates who participate in the promotional process will be
allowed to review their scores and evaluations received after the
official results are announced and posted, within the time constraints
set by the Chief of Police. All appeals shall be submitted to the
Chief of Police in the manner described herein.
(2)
Within 10 days of the release of the scores and ranking of candidates,
a candidate may file a written letter of appeal with the Chief of
Police. The letter of appeal must contain the reason(s) or justification(s)
for an appeal. The Chief of Police will assess the appeal and make
a determination of how the appeal will be addressed on a case-by-case
basis. Appeals may challenge the following areas of the promotional
process only:
(3)
If the appeal impacts upon the results of the promotional ranking
as determined by the Chief of Police, the candidate may be permitted
to be reevaluated.
A.
The Mayor and Council of the Borough of Middlesex
may appoint, from time to time, special law enforcement officers in
accordance with New Jersey Statutes for terms not exceeding one year.
They shall possess and exercise all the powers and duties provided
by said statutes during their term in office, but shall not be continued
as regular members of the Police Department and shall not be entitled
to tenure. The Chief of Police may authorize special law enforcement
officers, when on duty, to exercise the same powers and authority
as regular members of the Police Department, including the carrying
of firearms and the power of arrest. (N.J.S.A. 40A:14-146.8 et. seq.)
The powers and duties of special law enforcement officers shall cease
at the expiration of the terms for which they were appointed, or upon
revocation of their appointments.
B.
Qualifications. Qualifications of special law enforcement
officers will be those as set forth under New Jersey Statutes.
C.
Duty assignments. The special law enforcement officers
shall not render police services to the Borough, except when expressly
assigned to active duty by the Chief of Police.
D.
Regulations. At all times, special law enforcement
officers will be under the direct control of the Chief of Police and,
when on duty, special law enforcement officers shall be under the
supervision of a regular member of the Police Department, unless otherwise
specified in special directive. No special law enforcement officer
by virtue of his or her appointment as such shall become a member
of the Police Department, and every special law enforcement officer,
while on duty, shall abide by all of the rules and regulations and
policies and procedures of the Police Department, and any violations
of the rules and regulations and policies and procedures may result
in immediate dismissal.
E.
Compensation. Each special law enforcement officer
shall receive compensation as provided for in the Salary Ordinance
of the Borough of Middlesex.
A.
Appointment. The Mayor and Council, whenever they
deem it necessary, may appoint adult school crossing guards for terms
not exceeding one year and may revoke such appointments without cause
or hearing, and all appointments shall be made in accordance with
the provisions of N.J.S.A. 40A:9-154.1.
B.
Qualifications. All adult school crossing guards shall
meet the requirements for the position as set forth under the provisions
of N.J.S.A. 40A:9-154.1 or any amendment thereto.
C.
Duty assignments. Adult school crossing guards shall
perform those duties which are assigned to them by the Chief of Police.
D.
Regulations. At all times, adult school crossing guards
will be under the direct control of the Chief of Police.
A.
The Mayor and Council, whenever they deem it necessary,
may appoint police matrons as provided in N.J.S.A. 40A:14-140. No
person shall be appointed as a police matron unless she:
(1)
Is a citizen of the United States and of the State
of New Jersey.
(2)
Is at least 21 years of age.
(3)
Is able to read, write and speak the English language
well and intelligently.
(4)
Is sound in body and of good health.
(5)
Is of good moral character.
(6)
Has not been convicted of any criminal offense involving
moral turpitude.
(7)
Has a valid New Jersey driver's license.
B.
Every such police matron shall have her fingerprints
taken, and they shall be filed with the Division of State Police and
the Federal Bureau of Investigation. She shall be under the supervision
and direction of the Chief of Police and shall comply with all applicable
Police Department rules and regulations.
The Mayor and Council may provide for the appointment
of a police chaplain in accordance with the provisions of N.J.S.A.
40A:14-141 et seq.
The Mayor, as the designated appropriate authority,
shall make rules and regulations concerning the conduct and duties
of the officers and men, the kinds of uniform and insignia to be worn
by them and concerning such other matters as may be necessary for
the proper regulation of the Police Department, and when the same
have been adopted by ordinance by the Mayor and Council, they shall
be known as the "Rules and Regulations for the Government of the Police
Department of the Borough of Middlesex"[1] and shall be binding upon each member and employee of
the Department, and any neglect by any member of the Police Department
to carry out each and every rule and regulation or order, as aforesaid,
shall be held to be sufficient cause for his or her dismissal from
the Department.
The Chief of Police is hereby empowered to adopt
policies and procedures for the various aspects of day-to-day police
operations. The rules and regulations promulgated by the appropriate
authority and adopted by ordinance by the governing body are guidelines
outlining the acceptable and unacceptable behavior of personnel and
are typically broad in nature, while policies are detailed statements
of procedures which cover the various aspects of day-to-day police
operations. Rules and regulations provide the framework for the effective
management of a Police Department, whereas policies and procedures
flesh out the details for all manner of police operations.
[Adopted 9-28-1993 by Ord. No. 1292-93]
The Police Department of the Borough of Middlesex
is established pursuant to N.J.S.A. 40A:14-118 and Middlesex Borough
Ordinance No. 1268. [1]The Middlesex Borough Police Department shall after be
called the "Department."
A.
Rules and regulations established. The appropriate
authority of the Borough of Middlesex[1] hereby adopts and promulgates the Department Rules and
Regulations, known as the "Middlesex Borough Police Department Rules
and Regulations" and after this called the "rules."
B.
Right to amend or revoke. In accordance with N.J.S.A.
40A:14-118, the right is reserved by the appropriate authority to
amend or to revoke any of the rules contained herein.
C.
Previous rules, policies and procedures. All rules
previously issued, and policies and procedures that are contrary to
the rules contained herein, are hereby revoked. All other policies
and procedures shall remain in force.
D.
Application. These rules are applicable to all police
officers of the Department and to all civilian employees of the Department
where appropriate.
E.
Distribution. One copy of these rules shall be distributed
to each employee of the Department.
F.
Responsibility for maintenance. Employees shall be
responsible for maintaining a current copy of the rules, including
all additions, revisions and amendments as issued.
G.
Familiarization. Employees shall thoroughly familiarize
themselves with the provisions of the rules. Ignorance of any provision
of these rules will not be a defense to a charge of a violation of
these rules.
A.
As used herein, the words "may" or "should" mean that
the action indicated is permitted.
B.
The words "shall" and "will," as used herein, shall
indicate that the action required is mandatory.
C.
AUTHORITY
CHAIN OF COMMAND
DAY OFF
DIRECTIVE
(1)
(2)
(3)
EMPLOYEE
ORDER
POLICY
PROCEDURE
SUPERVISOR
As used in this chapter, the following terms shall
have the meanings indicated:
The right to issue orders, give commands, enforce obedience,
initiate action and make necessary decisions commensurate with rank
or assignment as provided for in the Department rules, policies and
procedures. Acts performed without proper authority or authorization
shall be considered to be in violation of the rules.
Vertical lines of communication, authority and responsibility
within the organizational structure of the Department.
Those days determined by the appropriate supervisor on which
a given employee is excused from duty.
A document detailing the performance of a specific activity
or method of operation. "Directive" includes:
GENERAL ORDERBroadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the Department.
PERSONNEL ORDERA directive initiating and announcing a change in the assignment, rank or status of personnel.
SPECIAL ORDERA directive dealing with a specific circumstance or event that is usually self-canceling.
All employees of the Department, whether sworn regular or
special police officers or civilian employees.
Any written or oral communication issued by a supervisor
to any subordinate or group of subordinates in the course of police
duty.
A statement of Department principles that provides the basis
for the development of procedures and directives.
A written statement providing specific direction for performing
Department activities. Procedures are implemented through policies
and directives.
Employee who, by virtue of rank or assignment, is responsible
for the direction or supervision of other employees.
Police officers shall:
A.
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 the Department's jurisdiction.
(6)
Safely and expeditiously regulate traffic.
(7)
Aid citizens in matters within police jurisdiction.
(8)
Take appropriate police action in aiding fellow officers
as needed.
(9)
Provide miscellaneous services.
B.
Exercise authority consistent with the obligations
imposed by the oath of office and in conformance with the policies
of the Department.
C.
Abide by all rules, regulations, policies and procedures
and directives governing police officer employees.
D.
Be accountable and responsible to their supervisors
for obeying all lawful orders.
E.
Coordinate their efforts with other employees of the
Department to achieve Department objectives.
F.
Conduct themselves in accordance with high ethical
standards, on and off duty.
G.
Strive to improve their skill and techniques through
study and training.
H.
Familiarize themselves with the area of authority
and responsibility for the current assignment.
I.
Perform their duties promptly, faithfully and diligently.
J.
Perform all related work as required.
Supervisors in the Department shall:
A.
Enforce Department rules and insure compliance with
Department policies and procedures.
B.
Exercise proper use of their command within the limits
of their authority to assure efficient performance by their subordinates.
C.
Exercise necessary control over their subordinates
to accomplish the objectives of the Department.
D.
Guide and train subordinates to gain effectiveness
in performing their duties.
E.
Use Department disciplinary procedures when necessary.
F.
When using discipline, comply strictly with the provisions
of the Department disciplinary process.
Pursuant to N.J.S.A. 40A:14-118 and municipal
ordinance, the Chief of Police shall be the head of the Police Department
and shall be directly responsible to the appropriate authority for
its efficiency and day-to-day operations. Pursuant to policies established
by the appropriate authority, the Chief of Police shall:
A.
Administer and enforce the rules and regulations of
the Police Department and any special emergency directives for the
disposition and discipline of the Department and its employees.
B.
Have, exercise and discharge the functions, powers
and duties of the Police Department.
C.
Prescribe the duties and assignments of all employees.
D.
Delegate such authority as may be deemed necessary
for the efficient operation of the Police Department to be exercised
under the Chief's direction and control.
E.
Report at least monthly to the appropriate authority,
in such form as shall be prescribed, on the operation of the Police
Department during the preceding month and make such other reports
as may be requested by the appropriate authority.
It is the responsibility of the Chief of Police
to:
A.
Establish and maintain the efficient operation of
the Department.
B.
Organize, control and maintain all property and resources
of the Department.
C.
Develop the written organizational structure of the
Department, including the chain of command and duty assignments.
D.
Develop and implement policies and procedures necessary
to govern and direct the day-to-day operations of the police Department.
E.
Provide for the proper training of all Department
employees.
F.
Provide for periodic inspections of all police operations
to insure compliance with Department rules, policies and procedures.
G.
Maintain the overall discipline of the Department.
H.
Maintain a constructive relationship with the public,
community organizations, the media and other law enforcement agencies.
I.
Prepare and submit the annual budget and proposed
expenditure programs to the appropriate authority or other designated
officials.
J.
Allocate funds within the budget which are appropriated
by the governing body.
K.
Provide for performance evaluations of all Department
employees.
Civilian employees shall:
A.
Take appropriate action to perform the duties of their
positions promptly, faithfully and diligently.
B.
Exercise authority consistent with the obligations
imposed by their position and in conformance with the policies of
the Department.
C.
Be accountable and responsible to their supervisors
for obeying all lawful orders.
D.
Coordinate their efforts with other employees of the
Department to achieve Department objectives.
E.
Conduct themselves in accordance with high ethical
standards, on and off duty.
F.
Strive to improve their skills and techniques through
study and training.
G.
Familiarize themselves with the area of authority
and responsibility for the current assignment.
H.
Abide by all rules, regulations and Department procedures
and directives governing civilian employees.
A.
Performance of duty. All employees shall promptly
perform their duties as required or directed by law, Department rule,
policy or directive, or by lawful order of a superior officer.
B.
Action off duty. While off duty, police officers shall
take appropriate action as needed in any police matter that comes
to their attention within their jurisdiction as authorized by New
Jersey law and Department policy.
C.
Obedience to laws and rules. Employees shall obey
all laws of the State of New Jersey, all municipal ordinances and
all rules, policies and procedures and directives of the Department.
D.
Withholding information. Employees shall immediately
report any information concerning suspected criminal activity of others.
E.
Reporting violations of law or rules. Employees knowing
of other employees violating laws of the State of New Jersey, municipal
ordinances or rules of the Department shall report same in writing
to the Chief of Police through official channels. If the employee
believes the information is of such gravity that it must be brought
to the immediate, personal attention of the Chief of Police, official
channels may be bypassed.
G.
Conduct toward other Department employees. Employees
shall treat other Department employees with respect. They shall be
courteous and civil at all times in their relationship with one another.
When on duty and in the presence of the public, officers should be
referred to by rank.
H.
Compromising criminal cases. Employees shall not interfere
with the proper administration of criminal justice.
I.
Recommending attorney and bail bond brokers prohibited.
Employees shall not suggest, recommend or advise the retention of
any attorney or bail bond broker to any person as a result of police
business.
J.
Posting bail. Employees shall not post bail for any
person in custody, except relatives.
K.
Use of force. Employees shall follow Department policy
and procedure on the use of force.
A.
Physical fitness. Police officers shall maintain good
physical condition so that they can handle the strenuous physical
activities often required of a law enforcement officer.
B.
Driver's license. Employees operating Department motor
vehicles shall possess a valid New Jersey driver's license. Whenever
a driver's license is revoked, suspended or lost, the employee shall
immediately notify the Chief of Police in writing.
C.
Address and telephone numbers. Employees are required
to have a telephone in the place where they reside and shall provide
their address and telephone number to the Chief of Police. Changes
in address or telephone number shall be reported in writing to the
Chief of Police within 24 hours of the change.
A.
Manner of issuing orders. Orders from a supervisor
to a subordinate shall be in clear and understandable language.
B.
Unlawful orders. No supervisor shall knowingly issue
any order which is in violation of any law or ordinance.
C.
Improper orders. No supervisor shall knowingly issue
any order which is in violation of any Department rule, policy or
procedure.
A.
Questions regarding orders. Employees in doubt as
to the nature or detail of an order shall seek clarification from
their supervisors by going through the chain of command.
B.
Obedience to unlawful orders. Employees are not required
to obey any order which is contrary to any law or ordinance. Responsibility
for refusal to obey rests with the employee, who will be required
to justify the refusal to obey.
C.
Obedience to improper orders. Employees who are given
any order which is contrary to Department rule, policy or procedure
must first obey the order to the best of their ability and then report
the improper order as provided.
D.
Conflicting orders. Upon receipt of an order conflicting
with any previous order, the employee affected will advise the person
issuing the second order of this fact. Responsibility for countermanding
the original order rests with the individual issuing the second order.
If so directed, the latter order shall be obeyed first. Orders will
be countermanded, or conflicting orders will be issued, only when
reasonably necessary for the good of the Department.
E.
Reports of unlawful or improper orders. An employee
receiving an unlawful or improper order shall, at the first opportunity,
report in writing to the next highest ranking supervisor above the
supervisor who issued the unlawful or improper order. Action regarding
such a report shall be conducted by the Chief of Police.
F.
Criticism of official acts or orders. Employees shall
not criticize the actions or orders of any Department employee in
a manner which is defamatory, obscene or which tends to impair the
efficient operation of the Department.
A.
Release of information. Employees shall not release
any information nor reveal any confidential business of the Department
to the public or the press except as provided in Department policy
and procedure.
B.
Department records. Contents of any record or report
filed within the Department shall not be exhibited or divulged to
any person other than a duly authorized police officer, except with
the approval of the appropriate supervisor or under due process of
law, or as permitted under Department policy and procedures.
No 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.
A.
Soliciting or accepting benefits. Employees shall
not directly or indirectly solicit, accept or agree to accept any
benefit not allowed by law to influence the performance of their official
duties.
B.
Rewards. Employees shall not accept any gift, gratuity
or reward in money or other compensation for services rendered in
the line of duty, except which may be authorized by law and Department
policy.
C.
Disposition of unauthorized gifts or gratuities. Any
unauthorized gift, gratuity, loan, fee, reward or other object coming
into the possession of any employee shall be forwarded to the Chief
of Police, together with a written report explaining the circumstances.
A.
Consuming alcoholic beverages before duty. Employees
shall not consume alcoholic beverages within two hours prior to reporting
for duty.
B.
Being under the influence. Employees shall not report
for duty under the influence of any alcoholic beverage.
C.
Consuming alcoholic beverages on duty. Employees of
the Department shall not consume any alcoholic beverage while on duty.
D.
Exception. Employees while assigned to duty in civilian
clothes may consume alcoholic beverages only if such consumption:
E.
Consuming alcoholic beverages off duty in uniform.
Employees shall not consume alcoholic beverages while off duty and
in uniform or any recognizable component of the uniform.
F.
Alcoholic beverages in police buildings. Alcoholic
beverages shall not, at any time, be consumed in police buildings
or facilities.
G.
Supervisor's responsibility. Supervisors shall not
assign to duty or allow to remain on duty any employee whose fitness
for duty is questionable due to the use of alcohol or medication.
H.
Possession of alcoholic beverages. Employees shall
not have alcoholic beverages on their person while on duty or in uniform,
nor in any police Department building or vehicle, except for evidential
or other authorized purpose.
I.
Entering licensed premise. Employees in uniform shall
not enter any licensed premises where alcoholic beverages are sold
or stored, except in the performance of duty and in compliance with
Department policy.
A.
Taking medication on duty. Employees of the Department
shall not take any medication which may diminish their alertness or
impair their senses prior to or after reporting for duty without first
notifying their supervisor.
B.
Notification about medication. When employees are
required to take any prescription medication or any nonprescription
medication which may diminish their alertness or impair their senses,
the employees shall notify their supervisor as to the medication required,
its properties, the dosage and the period during which the employee
is required to take the medication. This notification shall be by
the prescribing physician. If the medication is a nonprescription
drug, the employee shall make this notification. The required notification
shall be made prior to the employee reporting for duty. This information
so provided shall be confidential.
C.
This department shall conduct random drug testing
of police officers in accordance with the drug testing policy of the
Attorney General of New Jersey.
[Added 4-8-2003 by Ord. No. 1580]
A.
Reporting for duty. Employees shall report for duty
at the time and place specified, properly attired and equipped.
B.
Absence from duty. An employee who fails to appear
for duty at the date, time and place specified without the consent
of competent authority is absent without leave (AWOL). Supervisors
shall immediately report to their supervisor in writing any employee
who is absent without leave.
C.
Prohibited activity on duty. Employees who are on
duty are prohibited from engaging in activities which are not directly
related to the performance of their duty (e.g., sleeping, conducting
private business, gambling, etc.).
D.
Smoking while on duty. Employees shall not smoke or
use other tobacco products on duty except in authorized areas. Employees
shall not smoke or use other tobacco products on duty while in direct
contact with the public.
E.
Personal radios. The use of portable radios, tape
players/recorders and any other form of entertainment other than equipment
authorized by the Department is prohibited while on duty.
F.
Relief. Employees are to remain at their assignments
and on duty until properly relieved by other employees or until dismissed
by competent authority.
G.
Meals. All meals are to be consumed within authorized
areas, subject to modification by the supervisor.
H.
Training. Employees shall attend training at the direction
of the appropriate supervisor. Such attendance is considered a duty
assignment.
I.
Inspections. Employees directed to attend full dress
inspections shall report in the uniform prescribed, carrying the equipment
specified. Unauthorized absence from such inspections shall be considered
AWOL.
A.
Regulation uniforms required. All police officers
and uniformed civilians shall maintain uniforms prescribed in Department
policy and procedure. Uniforms shall be kept neat, clean and well-pressed
at all times.
B.
Manner of dress on duty. Employees shall wear the
uniform or civilian clothing on duty as prescribed by Department policy
and procedure for employee's current assignment.
C.
Wearing jewelry on duty. Police officers on duty shall
not wear loose-fitting jewelry which may be grasped during a struggle
or which can inflict or retard the mobility of the officer. This provision
shall not prohibit nonuniform officers on duty from wearing jewelry
appropriate for the conditions of their current assignment in accordance
with Department policy.
Employees, while on duty, shall be neat and
clean in person, with uniforms or clothes clean and pressed. This
provision shall not prohibit nonuniform officers on duty from dressing
appropriately for the conditions of their current assignment in accordance
with Department policy.
Except when impractical or where the identity
is obvious, police officers shall identify themselves by displaying
the official badge or identification card before taking police action.
A.
Equipment on duty. Employees shall carry all equipment
on duty as prescribed in Department policy and procedure based on
their assignment.
B.
Equipment off duty. Employees shall carry equipment
off duty as prescribed in Department policy and procedure based on
their assignment.
C.
Firearms. Employees shall follow Department policy
and procedure on the carrying, handling and care of firearms.
D.
Care of Department property and equipment. Employees
are responsible for the proper care of Department property and equipment
assigned to them.
E.
Use of Department property and equipment. Employees
shall not use any Department property or equipment for personal business
except as provided for in Department policy.
F.
Damaged or inoperative property or equipment. Employees
shall immediately report to their supervisors any loss of or damage
to Department property assigned to or used by them. The supervisor
shall also be notified of any defects of hazardous conditions existing
in any Department equipment or property.
G.
Care of Department buildings. Employees shall not
mark or deface any surface in any Department building. No material
shall be affixed to any wall in Department buildings without specific
authorization from the Chief of Police or his designee.
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 the Chief of Police
or his designee, except those areas designated for use by the collective
bargaining unit(s).
A.
Employees shall not use any Department vehicle without
the permission of a supervisor. Department vehicles shall not be used
for personal business except as provided for in Department policy.
B.
Transporting citizens. Citizens will be transported
in Department vehicles only in conformance with Department policy.
C.
Operation of Department vehicles. When operating Department
vehicles, employees shall not violate traffic laws, except when necessary
in the performance of their duties, and then only in conformity with
state law and Department policy and procedure.
D.
Reporting accidents. Accidents involving Department
personnel, property equipment and vehicles must be reported in accordance
with Department policy and procedure.
Departmental property and equipment is and remains
the property of the Department and is subject to entry and inspection
without notice.
A.
Upon separation from the Department. Employees are
required to surrender all Department property in their possession
upon separation from the service. For failure to return a nonexpendable
item, the employee will be required to reimburse the Department for
the fair market value of the article.
B.
Under suspension. Any employee under suspension shall
immediately surrender his or her identification, firearm (if applicable)
and all other Department property, as ordered, to the appropriate
supervisor pending disposition of the case.
B.
Forwarding communications. Any employee who receives
a written communication for transmission to another employee shall
forward same without delay.
C.
Use of Department address. Employees shall not use
the Department as a mailing address for private purposes. The Department
address shall not be used for any private vehicle registration or
driver license.
D.
Telephones. Department telephone equipment may not
be used for personal use involving toll charges without the express
approval of a supervisor.
E.
Radio discipline. Employees operating the police radios
shall strictly observe the procedure and restrictions for such operations
as set forth in Department policy and procedure and by the Federal
Communications Commission (FCC).
A.
Courtesy. Employees shall be courteous and orderly
in their contacts with the public. They shall perform their duties
politely, avoiding profane or abusive language and shall always remain
calm regardless of provocation.
B.
Request for identification. Upon request, employees
are required to supply their identification in a courteous manner.
C.
Impartiality. Employees shall not exhibit bias or
favoritism toward any person because of race, sex, sexual orientation,
creed, color, national origin, ancestry or influence.
D.
Use of derogatory terms. Employees shall not use language
that is derogatory to anyone because of race, sex, sexual orientation,
creed, color, national origin, ancestry or influence.
E.
Affiliation with certain organizations prohibited.
No employee shall knowingly become a member of any organization which
advocates the violation of law or which professes hatred, prejudice
or oppression against any racial or religious group or political entity,
except when necessary in the performance of duty and at the direction
of the Chief of Police.
Employees shall not give public speeches or
demonstrations on behalf of the Department nor shall they endorse
any product or service as a representative of the Department without
prior approval from the Chief of Police.
A.
Employees shall not be candidates for or hold office
in elective public positions or political organizations within or
inclusive of the jurisdiction in which they are employed unless authorized
to do so by the county prosecutor.
B.
Employees may contribute funds or any other thing
of value to candidates for public office subject to the provision
of law governing such contributions.
C.
Employees shall not engage in any political activity
while on duty, or while in uniform, or at any other time if to do
so would conflict with their duties or impair their ability to perform
their duties.
D.
Employees shall not directly or indirectly use or
attempt to use their official position to influence the political
activity of another person.
E.
Employees shall not engage in any polling duties except
in the performance of their official duties.
F.
Employees shall not display any political material
on their person while on duty or in uniform.
A.
Duty of employee to appear and testify. Employees
shall appear and testify on matters directly related to the conduct
of their office, position or employment before any court, grand jury
or the State Commission of Investigation.
B.
Subpoena. Employees must attend court or quasi-judicial
hearings as required by subpoena. Permission to omit this duty must
be obtained from the prosecuting attorney handling the case or other
competent court official.
C.
Court appearance. When appearing in court on Department
business, employees shall wear either the Department uniform or appropriate
business attire.
D.
Testifying for the defendant. Any employee subpoenaed
to testify for the defense or against the municipality or Department
in any hearing or trial shall notify the Chief of Police immediately
upon receipt of the subpoena.
E.
Department investigation. Employees are required to
answer questions, file reports or render material and relevant statements
in a Departmental investigation when such questions and statements
are directly related to job responsibilities. Employees shall be advised
of, and permitted to invoke, all applicable constitutional and statutory
rights, including consultation with their designated representative.
F.
Truthfulness. Employees are required to be truthful
at all times whether under oath or not.
G.
Civil action; subpoenas. Employees shall not volunteer
to testify in civil actions arising out of Department employment and
shall not testify unless subpoenaed. If the subpoena arises out of
Department employment or if employees are informed that they are a
party to a civil action arising out of Department employment, they
shall immediately notify the Chief of Police.
H.
Civil depositions and affidavits. Employees shall
confer with the Chief of Police before giving a deposition or affidavit
on a civil case relating to their police employment.
I.
Civil action, expert witness. Employees shall not
volunteer or agree to testify as expert witnesses in civil actions
without the prior written approval of the Chief of Police.
J.
Civil process. Employees shall not serve civil process
or assist in civil cases unless such service is approved by the appropriate
supervisor.
Employees shall have regular hours assigned
to them for active duty and, when not so employed, they shall be considered
off duty. Employees are subject to be recalled to duty as needed.
A.
Scheduled days off. Employees are entitled to days
off pursuant to appropriate collective bargaining agreements and are
to be taken according to a schedule arranged by the appropriate supervisor.
B.
Vacation leave. Employees are entitled to vacation
days off pursuant to collective bargaining agreements, Department
policy and procedure and approval of the vacation schedule by the
appropriate supervisor.
C.
Other leaves. Employees are entitled to other leave
as provided for in collective bargaining agreements, by law and by
Department policy and procedure, subject to approval of the schedule
by the appropriate supervisor.
D.
Sick leave. Employees are entitled to sick days off
pursuant to appropriate collective bargaining agreements and Department
policy and procedures.
E.
Abuse of sick leave. Employees who take sick leave
in violation of Department policy shall be subject to disciplinary
action.
F.
Suspension of leave. Any vacation leave, scheduled
day off or other leave of absence may be suspended when an emergency
which could not have been foreseen is declared by appropriate Department
authority and which unavoidably requires utilization of additional
employees who are not scheduled to work.
Employees may engage in secondary employment
consistent with Department policy and subject to approval by the Chief
of Police.
All resignations of employees must be in writing
to the Chief of Police and must bear the signature of the person resigning.
Officers shall provide no less than four weeks' written notice and
civilian employees shall provide no less than two weeks' written notice.
A.
Disciplinary action. Employees, regardless of rank
or assignment, shall be subject to disciplinary action, according
to the nature or aggravation of the offense, for:
(1)
Committing an offense or crime punishable under the
laws or statutes of the United States, the State of New Jersey or
any other state or municipal ordinances.
(2)
Failure, either willfully or through negligence or
incompetence, to perform the duties of their rank or assignment.
(3)
Misconduct in office.
(4)
Violation of any rule, policy, procedure or directive
of the Department.
(5)
Failure to obey any lawful instruction, order or command.
B.
Disciplinary action in all cases will be decided on
the merits of each case and in conformity with controlling state law.
C.
Establishing elements of violation. Existence of facts
establishing a violation of the law, ordinance or rule is all that
is necessary to support any allegation of such violation as a basis
for disciplinary action. Nothing in this manual shall prohibit charging
or disciplining an employee merely because the alleged conduct or
omission that supports the charge or disciplinary action does not
appear herein, in Department order, or in laws and ordinances within
the cognizance of the Department.
The following penalties may be assessed against
any employee of the Department as disciplinary action:
A.
Authority. Except as otherwise provided in N.J.S.A.
40A:14-147 to 40A:14-151 inclusive, and municipal ordinances, the
Department disciplinary authority and responsibility shall rest with
the Chief of Police.
[Amended 10-27-2020 by Ord. No. 2010]
B.
Exceptions.
Department discipline must be taken or approved by the Chief of Police,
with the exception of:
[Added 10-27-2020 by Ord. No. 2010[1]]
(1)
Oral
reprimands.
(2)
Emergency suspensions, either pursuant to § 80-61 of this Code or as conferred by statute or regulation.
(3)
In
circumstances where the Chief of Police is or may be subject to disciplinary
action arising out of the same course of conduct that is the subject
of the discipline, the appropriate authority may exercise its performance
oversight pursuant to N.J.S.A. 40A:14-118 and take or approve discipline
of a member of the Department subordinate to the Chief of Police.
(4)
In
circumstances where the Chief of Police has recused himself or herself
from consideration of the matter due to a conflict of interest under
the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or in
the event the Chief of Police has been disciplined pursuant to any
section thereof, the appropriate authority may exercise its performance
oversight pursuant to N.J.S.A. 40A:14-118 and take or approve discipline
of a member of the Department subordinate to the Chief of Police.
[1]
Editor's Note: This ordinance also redesignated former Subsection
B as Subsection C.
C.
Discipline by supervisory personnel. Other supervisory
personnel may take the following disciplinary measures.
A.
Emergency suspensions. Employees shall not be suspended
or suffer any loss in benefits until after the employee has had a
departmental hearing and has been found guilty, except in cases of
a severe nature, when the Chief of Police deems the suspension of
the employee of immediate necessity for the safety of the public or
the welfare of the Department. The Chief of Police shall immediately
submit a report explaining such action to the appropriate authority.
B.
Emergency interdepartmental disciplinary action. When
the improper conduct of an employee of one unit is of such nature
that immediate or emergency disciplinary action is required of a command
or supervisory officer of another division, such action may be taken
at once within the following limitations.
C.
Follow-up emergency suspensions. An employee receiving
any emergency suspension shall report to the Chief of Police on the
next business day at 9:00 a.m. unless otherwise directed by competent
authority. The command or supervisory officer imposing the suspension
shall also report to the Chief of Police at the same time.
Interdepartmental oral reprimand. When the commanding
or supervisory officer of one division orally reprimands an employee
of another division, he shall notify the supervisor of the employee
so disciplined as soon as possible. He shall also submit a written
report of this action and reason therefor to his commanding officer
and also to the commanding officer of the employee.
A.
Whenever disciplinary action is taken or recommended,
a written report must be submitted immediately, in triplicate, containing
the following information:
(1)
The name, rank and present assignment of the employee
being disciplined.
(2)
The date, time and location of the misconduct.
(3)
The section number of the violated rule and common
name of the infraction.
(4)
A complete statement of the facts of the misconduct.
(5)
The punishment imposed or recommended.
(6)
The name, rank and signature of the preparing officer
and his position in relation to the employee being disciplined.
B.
Distribution of reports of disciplinary action. Reports
shall be distributed as follows by the individual imposing or recommending
the disciplinary action:
C.
Informing the person being disciplined. The employee
being disciplined shall be informed of the charges, in writing, as
provided by N.J.S.A. 40A:14-147.
Appeals from penalties imposed as disciplinary
measures may be taken as provided in N.J.S.A. 40A:14-147 to 40A:14-151
inclusive, and the municipal ordinances.
Whenever any command or supervisory officer
observes or is informed of the misconduct of another employee which
indicates the need for disciplinary action, he shall take authorized
and necessary action and render a complete written report of the incident
and of his actions to his commanding officer.
A.
Disciplinary guide. The offenses herein shall guide
the Chief of Police in administering fair and uniform penalties for
violations of the Department rules.
B.
Penalty guide. Penalties for offenses listed shall
in no way limit any penalty which the Chief of Police may impose.
Violations in excess of the number listed are subject to increased
penalties, including dismissal.
C.
Offenses not listed. Offenses not included in the
following list shall result in penalties similar to those specified
for similar offenses of comparable seriousness.
D.
Repeated violations. Repeated violations of the rules
of conduct shall be indicative of an employee's disregard for their
duty and may be cause for dismissal. This shall apply regardless of
the type of severity of offense.
E.
Suspension, fine and demotion for disciplinary purposes.
An appointing authority may suspend without pay, or with reduced pay,
fine or demote an employee due to inefficiency, incompetency, misconduct,
negligence, insubordination or for other sufficient cause.
F.
Causes for removal. Any one of the following shall
be cause for removal from the service, although removals may be made
for sufficient cause other than those listed:
(1)
Neglect of duty.
(2)
Incompetency or inefficiency.
(3)
Incapacity due to mental or physical disability.
(4)
Insubordination or serious breach of discipline.
(5)
Intoxication while on duty.
(6)
Chronic or excessive absenteeism.
(7)
Disorderly or immoral conduct.
(8)
Willful violation of any of the provisions of the
rules, regulations or other statutes relative to the employment of
Middlesex Borough public employees.
(9)
The conviction of any criminal act or offense.
(10)
Negligence of or willful damage to public property
or waste of public supplies.
(11)
Conduct unbecoming an employee in the public
service.
(12)
The use or attempt to use one's authority or
official influence to control or modify the political action of any
person.
A.
The following are charges and their associated penalties.
(1)
Accepting bribes or gratuities for permitting illegal
acts: first offense, dismissal.
(2)
Involved in a crime of moral turpitude that negatively
affects the operation of the Department: first offense, dismissal.
(3)
Repeated violations of the Department Rules and Regulations,
or any other course of action indicating that the employee has little
or no regard for their responsibility as an employee of the Department:
first offense, dismissal.
Whenever an internal investigation establishes
reasonable belief that an employee is guilty of violating a departmental
rule or regulation, penalty for which is to be permanently reflected
on the employee's personnel record, charges shall be prepared by the
proper authority and personally served upon the respective employee.
The charges shall contain:
A.
The name, rank and present assignment of the person
being charged.
B.
The charges (rules and regulations) allegedly violated.
C.
Specification of the alleged facts upon which the
charges are based.
D.
Notification of whether the employee is suspended
pending the determination of the hearing.
E.
The date, time and location at which the hearing is
scheduled.
F.
The penalties which may be imposed against the employee
being charged.
G.
The signature of the charging officer and his official
title.
A.
The disciplinary hearing shall be scheduled during
the business day, but no sooner than 10 days and no later than 30
days after said notice is personally served upon said employee subject,
of course, to the granting of reasonable requests for postponements
by said employee.
B.
Where a disciplinary hearing has been postponed at
the request of the respective employee pending the determination of
criminal or quasi-criminal charges filed in the basis of the same
factual situation which gave rise to the charges, said hearing must
be held within 30 days after the initiating authority receives notice
of such authority that judicial determination has been made is that
of the respective employee.
C.
"Personal service" means actual service upon the employee,
as well as actual service upon any members of the employee's family
over 18 years of age residing in the residence of said employee.
D.
Disciplinary hearings may, at the option of the employee
charged, be public in nature; however, within the bounds of reasonableness
and good order.
E.
Every employee formally charged with the violation
of a Department rule or regulation shall have the opportunity to testify
in his own defense, produce relevant evidence in support of his defense,
produce competent witnesses to testify to relevant matters in support
of his defense and cross examine any witness who has testified against
him.
A.
The Chief of Police may serve as the Hearing Officer,
or may delegate the duty to another officer of the Department.
B.
In order that all parties may be afforded a fair and
equal opportunity to be heard and that the Hearing Officer may be
completely informed in the matter and enabled to render a proper determination
based on all the facts and applicable law and rules, all hearings
shall be conducted in an informed manner, without reference to any
formal rules or procedures.
C.
The Hearing Officer may, at his discretion, clear
the hearing room of all persons, including the witnesses not under
examination or testifying. When the evidence pertains to scandalous
or indecent conduct of any sort or is such that its public disclosure
would not be in the best interest of the public and might do irreparable
harm to any person or persons not party to the hearing, the Hearing
Officer may exclude all persons not having a direct interest in the
matter being heard.
D.
The Hearing Officer shall admit all testimony having
reasonable, probable value, but shall exclude immaterial, irrelevant
or unduly cumulative testimony.
E.
The Hearing Officer shall give effect to the rules
of privileges as provided by law, but no person shall be excused from
testifying or presenting evidence on the grounds of possible self-incrimination.
The employee is presumed innocent, and the burden
of proof is upon the Department to prove the employee's guilt by a
preponderance of the credible evidence presented during the hearing.
All hearings may, in the discretion of the Hearing Officer, be recorded
by:
A.
After considering all the evidence in support and
in defense of the particular charge of misconduct, the Hearing Officer
shall consider same and render his verdict as soon as practical thereafter.
B.
Although the verdict may be verbal at the time of
the hearing, the determination must be reflected in a written decision
which must be personally served upon the employee as soon as practical
after the termination of the disciplinary hearing.
C.
Although the verdict shall be rendered in the manner
referred to above, where the penalty is in excess of five days' suspension
without pay or its monetary equivalent, said penalty shall not be
imposed or carried out until the time for filing of an appeal has
elapsed. This shall not apply to immediate and/or emergency suspensions.
Any employee of the Department who has been
tried and convicted upon any disciplinary charge or charges may obtain
review in the Superior Court. Such review shall be obtained by serving
a written notice of an application therefor upon the officer or board
whose action is to be reviewed within 10 days after written notice
to the employee of the conviction. The officer or board shall transmit
to the court a copy of the record of such conviction and of the charge
or charges for which the employee was tried. The court shall hear
the case de novo on the record below and may either affirm, reverse
or modify such conviction. If the employee shall have been removed
from his position, the court may direct that he be restored to such
position and all his rights pertaining thereto and may make such other
order judgment as said court shall deem proper. Either the Department
or the employee may supplement the record with additional testimony
subject to the rules of evidence.
A.
Each employee is entitled to a hearing before the
Chief of Police, or his designee, for any charge which shall become
a permanent record in the employee's personnel file.
B.
Other than the official findings and attendant penalties,
every internal investigation and subsequent Department hearing shall
be considered privileged and confidential information and shall not
be made public and/or released to any nongovernmental agency.
C.
No employee shall be found guilty of violating a Department
rule or regulation unless the Hearing Officer finds that a preponderance
of the credible evidence substantiates the specific charges of the
particular case.
D.
Although every employee has a duty to answer truthfully
and directly all questions and submit to any and all forms of investigative
efforts when so ordered or questioned by a superior officer, said
duty only applies to questions and investigation which directly relate
to one's official duties or directly bears on one's fitness for continued
employment.
E.
Although the Department can utilize any form of investigative
procedure pursuant to an internal investigation which is fair and
reasonably calculated to achieve its objective, the nature or utilization
of same must not violate the basic concepts of procedural and substantive
due process of law.
F.
All questions and investigative efforts must be limited
to the investigation of matters in which the Department has a legitimate
interest. Accordingly, questions must be specifically, directly and
narrowly related to the performance of the employee's official duties.
G.
Although cooperation of an employee is demanded under
threat of disciplinary action (including job forfeiture), said employee
shall not be questioned or subjected to investigative efforts under
circumstances which would render such statement void as being coerced.
Prolonged interrogations, threats of force, hostility or over-aggressiveness
by interrogators shall render any statement or employee's response
void for all purposes.
H.
Exclusive of normal duties, no employee shall be expected
to answer questions or submit to other forms of investigative efforts
until he is advised of the following:
(1)
Whether he is being questioned or required to submit
to investigative efforts as a suspect or witness.
(2)
The identity of his interrogator, as well as the identity
of all persons present at the time of interrogation.
(3)
The nature of the investigation and facts sufficient
to apprise the employee of the existing allegations.
I.
All questioning or other investigative efforts shall
be completed with reasonable dispatch and, where practical, said employee
should be made as comfortable as possible so as not to offend the
concepts of procedural and substantive due process of law.
J.
Under circumstances where the alleged violation of
Department rules and regulations involve or could possibly involve
criminal prosecution, the employee shall be advised of his constitutional
rights against self-incrimination (Miranda warning) which he may invoke
with respect to possible criminal prosecutions.
K.
No questioning or other investigative effort shall
be initiated arbitrarily for personal or other reasons that are unrelated
to the maintenance of Department efficiency or integrity.
L.
All questioning and investigative efforts shall be
limited in scope to activities, circumstances and events which pertain
to an employee's conduct which may form the basis for disciplinary
action under one both of the following two categories:
M.
A formal charge must be filed against an employee
within a reasonable time after which the existence of the alleged
or suspected misconduct is made known, or should have been made known,
to the Department, in accordance with state statutes.
N.
An employee is entitled to legal counsel or organizational
representation, at his own expense, during the investigative stages
of an internal investigation, and every employee has a right to legal
counsel and/or organizational representation, at his own expense,
during a disciplinary hearing.
O.
At no time during an internal investigation shall
any employee be subjected to offensive language, nor shall he be threatened
with transfer dismissal or other disciplinary punishment. No promise
or reward shall be made as an inducement to answering questions. Nothing
herein is to be construed as to prohibit the investigating officer
from informing the employee that his conduct can become the subject
of disciplinary action resulting in disciplinary punishment.
P.
No employee shall be ordered or asked to submit to
a polygraph test for any reason. Such test may be given, however,
if requested by the employee.
Q.
An employee may be ordered or asked to submit to a
blood test, a Breathalyzer or any other test to determine the percentage
of alcohol or drugs in the blood for any reason except as otherwise
provided by specific statutory law. Such test(s) must be given if
requested by the employee.
R.
As a general rule, when an employee is charged with
the violation of a departmental rule or regulation, said employee
shall continue to perform the assigned duties of his position until
such time as the judicial determination duly rendered pursuant to
a departmental hearing necessitates a discontinuance of same. However,
where the nature of the employee's position is such that the public
trust relationship, when considered against the nature of the alleged
charge of misconduct, would dictate the immediate temporary termination
reassigned to another less sensitive position within the Department
pending the departmental hearing.
S.
Notwithstanding the above-mentioned general policy,
whenever it proves physically impossible to reassign said employee
to any duties whatsoever, and/or the alleged misconduct indicates
a physical, mental or emotional condition inconsistent with the continued
performance of any departmental duty whatsoever, the interest of the
public welfare may require suspension from duty pending a departmental
hearing. In such case, the employee may continue on salary, at the
discretion of the appointing authority, in accordance with state statutes.
[Added 2-24-2009 by Ord. No. 1745; amended 4-25-2017 by Ord. No. 1913]
A.
The Middlesex Borough Police Department shall charge a fee as provided
hereunder when providing off-duty police officers and/or police vehicles
for police extra-duty jobs to assist contractors or other persons
or companies in need of such services. This section shall not apply
to work done by nonprofit religious and/or charitable organizations
or to the Middlesex Fire Department, Rescue Squad or the Middlesex
Board of Education, and there shall be no charge imposed on these
organizations.
B.
The charge for use of off-duty police officers to provide this type
of service is $85 per hour for road jobs. All other extra-duty jobs
shall be charged at the police officer's regular time and 1/2 (1.5)
rate. Third party vendor costs shall be passed through to the entity
requesting off-duty police traffic control services. There shall be
a four-hour minimum charge for all extra-duty road jobs hereunder.
Cancellations must be received by the Middlesex Borough Police Department
not less than two hours prior to the scheduled start of any extra-duty
job. Failure to cancel at least two hours prior to the scheduled start
of any extra-duty job shall result in a four-hour minimum charge hereunder.
[Amended 5-13-2022 by Ord. No. 2058; 4-11-2023 by Ord. No. 2082]
C.
Rate of compensation for usage of a Department vehicle shall be $15
per hour, except that if the Borough is paying for any road improvement
job, such fee shall be waived.
