[Ord. No. 3317, 12-3-1991, § 1]
There is hereby created a Civilian Complaint Review Board (hereafter
CCRB) as an agency of the Township of Teaneck. The purpose of the
CCRB is to receive and investigate the complaints of citizens alleging
police misconduct in the following enumerated areas and, upon a determination
that reasonable cause exists, to refer the grievance to the appropriate
disciplinary authority and/or law enforcement agency.
[Ord. No. 3317, 12-3-1991, § 1]
(a)
The CCRB shall have jurisdiction to receive, investigate and report
the complaint of any person, whether or not a resident of the Township,
against a police officer of the Township if, and only if, the complaint,
under oath, alleges one or more of the following:
(1)
Use of unnecessary force: physical force used by a police officer
in a situation where the use of such force is not justified under
the circumstances.
(2)
Use of excessive force: in a situation which calls for the use
of force, greater physical force than is reasonably necessary under
the circumstances to repel an attacker or terminate resistance.
(3)
Use of abusive language: use of profane or derogatory language,
including racial, ethnic or sexist slurs, which, if heard by a reasonable
person under the circumstances, would offend.
(4)
Harassment: actions or words used to significantly or repetitively
restrain or restrict the freedom of movement of a person or to interrogate
a person, without reasonable suspicion that a crime, quasi-crime or
act of juvenile delinquency has been or is about to be committed by
that person or without reasonable suspicion that the person has knowledge
of the commission of any such crime, quasi-crime or act of juvenile
delinquency.
a.
It shall be a rebuttable presumption that no harassment is involved
if a police officer's interrogation of any person as to his or her
identification or purpose is in response to a police profile of a
wanted person or in response to a citizen's complaint about a disturbance
of the peace or suspicious behavior, and the individual being interrogated
has been identified or matches a description furnished by the police
profile or complaining citizen.
b.
It shall be a rebuttable presumption that no harassment is involved
if a police officer observes an unlawful assembly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
The CCRB's jurisdiction shall not become operative, or shall terminate
after it becomes operative, if, at any time, the complainant initiates
a civil suit or criminal complaint against the police officer, alleging
the same or similar misconduct relating to the same transaction or
occurrence; the complainant lodges an independent complaint against
the police officer with the Internal Affairs Officer of the Police
Department or the Chief of Police or the Township Manager, alleging
the same or similar misconduct relating to the same transaction or
occurrence; or the Police Department or the Township Manager, on their
own initiative, commences a disciplinary review of the police officer's
conduct in the matter complained of or refers the matter to the County
Prosecutor for criminal investigation. As used herein, "disciplinary
review" means that specific charges have been filed against the police
officer which could result in a suspension or other form of formal
discipline, as contemplated by N.J.S.A. 40A:14-147.
[Ord. No. 3317, 12-3-1991, § 1; amended by Ord. No. 3329, 4-28-1992, § 1]
(a)
The CCRB shall consist of five regular members and two alternate
members. Three of the regular members and the two alternate members
shall be chosen by the Township Council. One of the regular members
shall be chosen by the Township Manager and one of the regular members
shall be chosen by the president of the Teaneck Chapter of the Patrolmens'
Benevolent Association.
(b)
All regular and alternate members shall be chosen by the respective
appointing authority based upon their known and consistent reputation
for integrity, impartiality and fair-mindedness. They shall be residents
of the Township and may be officers or employees of the Township.
All vacancies shall be filled by the respective appointing authority
for the unexpired term of the appointee's predecessor.
(c)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence, disqualification or vacancy
in office of a regular member. The appointing authority shall designate
the alternates as "No. 1" and "No. 2." In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
(d)
The Chief of Police is authorized to submit applicant fingerprint
cards and receive state criminal history record information from the
Division of State Police, State Bureau of Identification, for use
in considering the suitability of all applicants covered under this
article. All requested criminal history record checks will be subject
to the state's required user fee.
[Ord. No. 3317, 12-3-1991, § 1]
Members shall serve without compensation, provided that the
Township Council may authorize reimbursement of reasonable expenses
incurred by the members in the performance of their duties.
[Ord. No. 3317, 12-3-1991, § 1]
The term of each regular member shall be for five years; provided,
however, that the regular members first appointed after the effective
date of this article shall serve for one year, two years, three years,
four years and five years, respectively, as determine by lot at the
first regularly scheduled meeting following the adoption of this article.
The term of each alternate member shall be for two years. Each regular
and alternate member shall continue to serve in such capacity until
the member's successor has been duly appointed and is acting.
[Ord. No. 3317, 12-3-1991, § 1]
If a regular member fails to attend four consecutive meetings
of the CCBB, without being excused by a majority of the five members
of the CCBB, that position shall be deemed to be vacant. Absences
due to legitimate illness shall not be deemed to be absences giving
rise to a default vacancy hereunder. In the event of a default vacancy,
the appointing authority shall be notified, in writing, by the CCBB.
[Ord. No. 3317, 12-3-1991, § 1]
The regular members shall elect from among the regular members
a Chairperson and a Vice Chairperson, who shall serve in such capacities
for one year or until their successors are duly elected. In case of
a vacancy in either of these positions, the regular members shall
elect a successor, who shall serve the unexpired balance of the predecessor's
term.
[Ord. No. 3317, 12-3-1991, § 1]
(a)
The Manager shall provide the CCRB with facilities for the conduct
of its business and the preservation of its records and shall supply
equipment and supplies as may be necessary. All necessary expenses
incurred by the CCRB shall be paid, upon certification of the Chairperson
and the Chief Financial Officer, within the limits of funds appropriated
by the Township Council by annual or emergency appropriations for
those purposes.
(b)
The Manager shall provide support staff and clerical staff, as are
necessary to carry out the purposes of this article, within the limits
of funds appropriated by the Township Council by annual or emergency
appropriations for those purposes. Unless or until the CCRB determines
and recommends to the Township Council that independent counsel is
necessary, the Township Public Defender shall serve as legal counsel
to the CCRB.
[Ord. No. 3317, 12-3-1991, § 1; amended by Ord. No. 3368, 9-28-1993, § 1]
To effectuate its purpose, the CCRB shall:
(a)
Receive, investigate and hear complaints within its jurisdiction,
in accordance with the following guidelines:
(1)
All complaints shall be filed with the Township Clerk and must
be in writing, on forms supplied by the CCRB. Complaints shall be
signed by the complainant or a duly authorized representative, under
oath. A copy of each complaint filed with the Township Clerk shall
immediately be forwarded to the officer being accused, Chief of Police
and the Township Manager. As used herein, "duly authorized representative"
shall mean legal counsel or a person acting under a power of attorney.
(2)
No complaint shall be accepted for investigation by the CCRB
if it is not filed with the Township Clerk within 10 days of the date
of the alleged misconduct, unless the complainant establishes to the
satisfaction of the CCRB that the failure to file the complaint within
the required time limit was due to a medical emergency, as certified
by a licensed physician.
(3)
The CCRB shall determine whether to initiate an investigation.
Despite the filing of a complaint under oath, the CCRB shall have
the discretion not to initiate an investigation, based upon criteria
that it may establish from time to time and enforce on a uniform,
nondiscriminatory basis.
(4)
In the event that a complaint is timely filed but contains an
irregularity, the CCRB, in its discretion, can decide to exercise
jurisdiction in the event that the complaint is refiled, without irregularity,
within 10 days of the Board's initial determination.
(5)
The standard of proof in reaching a finding or conclusion shall
be clear and convincing evidence. "Clear and convincing evidence"
is that which produces, in the minds of the CCRB members, a firm belief
or conviction as to the truth of the allegations sought to be established.
It must be so clear, direct and weighty as to enable the CCRB to come
to the clear conviction, without hesitancy, of the truth of the precise
facts in issue.
(6)
All hearings conducted by the CCRB shall be closed to the public.
The complainant, police officer and all other witnesses shall be questioned
by the CCRB members and staff attorney only. Cross-examination of
witnesses by the complainant, the accused officer or their counsel
is prohibited since the role of the CCRB is investigatory only and
the CCRB lacks authority to prefer formal charges or discipline the
officer.
(7)
A determination by the CCRB shall be finalized in writing as
follows:
a.
Exonerated: the action for which the allegation of misconduct
was made did occur; however, investigation reveals that the action
was justified, lawful and proper.
b.
Substantiated: the investigation disclosed enough evidence to
clearly and convincingly prove the allegation of misconduct.
c.
Not sustained: the investigation failed to reveal and document
enough evidence to clearly and convincingly prove or disprove the
allegation.
d.
Unfounded: the investigation proved conclusively that the incident
complained of did not occur or that the accused officer was not involved.
(8)
A finding of substantiated, accompanied by an investigative
report of the CCRB, shall be distributed to the accused officer, the
Township Manager and the Chief of Police. The Township Council and
the complainant shall be informed of the CCRB's determination in a
summary fashion by the CCRB or the Manager, but the investigative
report shall not be distributed to the Township Council or the complainant
and shall remain confidential, unless the accused officer agrees to
waive its confidentiality. A finding of exonerated, not substantiated
or unfounded shall be communicated to the Township Council and the
complainant in a summary fashion by the CCRB or the Manager.
(9)
Nothing herein contained shall preclude the Township Council
from initiating a separate investigation of the accused officer's
conduct, pursuant to N.J.S.A. 40A:14-118 or N.J.S.A. 40:69A-91.
(b)
Within 60 days of the appointment of at least a majority of the membership
of the CCRB, it shall adopt rules of procedure and bylaws not inconsistent
herewith.
[Ord. No. 3317, 12-3-1991, § 1]
The CCRB shall only accept, investigate, hear and review complaints
and appeals regarding incidents which occur on or after the effective
date of this article.
