[Amended by MC 1985-22, 1, December 2, 1985]
Whenever a member of the Police Division is served with a notice
of disciplinary action where the possible penalty is more than five
(5) days, the following procedure for selection of the Advisory Review
Board Panel will be followed:
(a)
Composition of the Board.
(1)
When the member who is being charged is of the rank of Police
Officer, the Board shall be comprised of two (2) Police Officers,
one (1) Sergeant, and one (1) Lieutenant.
(2)
When the member being charged is of the rank of Sergeant, the
Board will consist of two (2) Sergeants and two (2) Lieutenants.
(3)
When the member being charged is of the rank of Lieutenant,
the Board will consist of two (2) Lieutenants and one (1) Captain.
(4)
When the member being charged is of the rank of Captain or above,
the hearing officers shall take the place of the Advisory Review Board
Panel.
(5)
Service on the Board is voluntary, and a member selected shall
be entitled to disqualify himself or herself from serving on the Advisory
Review Board Panel by notifying the Chief of Police via written report
requesting disqualification.
From the Advisory Review Board Panel, the Chief of Police and
the P.B.A. shall select, by lot, from the Advisory Review Board Panel
three Advisory Review Boards, to be referred to as Advisory Review
Board I, II and III. The composition of each Board shall be: One (1)
Lieutenant, One (1) Sergeant and Two (2) Patrolmen.
(a)
Each of the foregoing Boards shall sit in accordance with the provisions
hereof on an alternate basis with Advisory Review Board I hearing
the first case.
(b)
The Advisory Review Boards created under this section shall hear
and advise on cases involving any police officer below the rank of
Sergeant.
(c)
In cases involving Sergeants and Lieutenants, a special board shall
be selected from the Advisory Review Board Panel by the Chief and
the P.B.A. consisting of four (4) members, two (2) of superior rank
and two (2) of the same rank as the charged officer.
(a)
Notice to charged officer:
At the time a police officer is served with a preliminary notice
of disciplinary action, he shall also be served with a statement designating
which Advisory Review Board shall hear his case and the names of the
members of the board.
(b)
Preemptory challenge of charged officer:
The charged officer shall have a preemptory challenge to any
member on the board. If he desires to exercise this challenge, he
shall do so in writing served on the Chief of Police within five (5)
days from the date of service of the list referred to in sec. (a)
hereof. In the event a preemptory challenge is exercised, the Chief
of Police shall select another member to serve in the place of the
challenged member and notify the charged officer of his name within
two (2) days of the notice of the challenge.
(c)
Preemptory challenge of Chief of Police:
The Chief of Police shall also have a preemptory challenge to
any member on the Board. If he desires to exercise this challenge,
he shall do so in writing within five (5) days from the date of service
of the list referred to in sec. (a) hereof. A copy of the notice of
said challenge shall be served on the charged officer within the said
five (5) day period.
(d)
Removal for cause:
The charged officer and the Chief of Police, for good cause
shown, shall have the right to request the removal of any one or more
members of the panel and the appointment of a replacement. The request
for removal and a statement of reasons for removal shall be made in
writing and directed to the City Administrator, with a copy to the
other party, and shall be delivered within five (5) days after receipt
of the proposed list of Board members. The person receiving a copy
of the request for removal and statement of reasons, as herein provided,
shall be entitled to submit to the City Administrator a written objection
to the request for removal, with a copy to the party requesting removal.
The City Administrator shall decide the request on the basis of the
statement of reasons attached to the request and any written objection
to the request, and shall notify the parties of his decision within
48 hours after receipt of the request for removal. This decision shall
be binding on all parties.
(e)
Replacement: Replacement of any member removed by challenge or for
cause shall be from the Advisory Review Panel by mutual agreement
of the Chief of Police and the charged officer. In the event they
are unable to agree, the City Administrator shall be notified, and
he shall select from the Advisory Review Panel the member who shall
serve, and his decision with respect thereto shall be final and binding
on all parties. Notice of his decision shall be in writing to the
Chief of Police and the charged officer within 24 hours after notice
to him. In any case involving a sergeant or Lieutenant, the City Administrator
shall not be limited to the Advisory Review Board Panel in selecting
a replacement.
The City Personnel Officer shall serve as non-voting Clerk to
the Internal Advisory Hearing Board and shall render such clerical
assistance and procedural advice as requested by the Board. The Clerk
shall not participate in the deliberation of the Board unless requested
to do so by a majority decision of the Board, which shall be determined
at the commencement of the deliberation.
[Amended by MC 1985-22, § 2, December 2, 1985]
(a)
The Advisory Review Board shall have jurisdiction to hear all cases
where any officer of the Division of Police has been served with a
preliminary notice of disciplinary action and shall sit in attendance
with the Presiding Officers.
(b)
The Advisory Review Board shall hear the evidence and make its recommendations
to the Hearing Officers. The recommendations of the Advisory Review
Board shall not be binding on the Presiding Officers, but shall be
taken into consideration by them when reaching their decision.
(c)
The disciplinary hearing shall be held not less than fifteen (15)
days nor more than thirty (30) days after the employee is served with
notice of charges. The Police Officer shall be represented solely
by the PBA representative. Attorneys shall not be permitted to take
part in the hearing. The hearing shall be conducted informally. Witnesses
who appear at the hearing shall not be sworn in.
(d)
If the Police Officer is found guilty, before the penalty is imposed,
the penalty shall be automatically reviewed by the Director of Public
Affairs and Safety or his designee within three (3) calendar days.
If the penalty is upheld or revised by the Director of Public Affairs
and Safety or his designee, such penalty shall be imposed immediately
after the Director of Public Affairs and Safety's or his designee's
decision. If the Police Officer chooses to appeal the decision of
the Director of Public Affairs and Safety or his designee, such appeal
shall be through the grievance procedure commencing at Step 5, the
City Administrator's level. The Department Director may overturn findings,
but may not increase the penalty.
The City Administrator and the Director of Public Affairs and
Safety shall sit as the Presiding Officers and conduct the hearing
in accordance with provisions of sec. f hereof. Any decision of guilt
must be unanimous, if both officers are presiding, or a "not guilty"
decision is mandated.
(a)
Disqualification of Presiding Officer: The charged officer shall
have the right to petition for the removal of a presiding officer
for good cause shown.
1.
Removal of City Administrator: If the charged officer desires to
petition for the removal of the City Administrator, he shall file
a verified petition setting forth his reasons for removal with the
Mayor and serve a copy on the Chief of Police. The Chief of Police
shall have 24 hours to file and serve a reply to the petition for
removal, a copy of which shall be served on the charged officer. The
mayor shall review the verified petition and reply, and in the event
he shall find that the charged officer will be prejudiced if the petition
is not granted, then he shall direct that the City Administrator be
removed as a presiding officer, and the case shall be heard by the
Director of Public Affairs and Safety.
2.
Removal of Director of Public Affairs and Safety: Petition for removal
of the Director of Public Affairs and Safety shall be done in the
same manner as provided for in Sec. 5 (a) hereof except that the petition
shall be directed to the City Administrator who shall make the determination
in accordance with the provisions of this section.
(a)
Civilian complaints:
(1)
Notice: Within 48 hours after receipt of a complaint by a civilian
against a member of the Police Division by the Director of Public
Affairs and Safety, the City Administrator, Human Relations Commission,
or the Chief of Police, the accused officer shall receive written
notice of the following: (a) the name and address of the person making
the complaint; (b) the date, time and place on which the incident
is alleged to have occurred; and (c) a statement containing the allegation
which forms the basis of the complaint. This requirement shall be
satisfied by mailing said notice to the accused officer within the
aforesaid 48-hour period.
(2)
Time for bringing disciplinary action arising out of a civilian
complaint: A preliminary notice of disciplinary action shall be served
within six months from the date the complaint is brought to the attention
of the Director of Public Affairs and Safety, City Administrator,
Human Relations Commission or Chief of Police.
(b)
Non-civilian complaints: In order for disciplinary action to be brought
on a non-civilian complaint, the same shall have been brought to the
attention of the Chief of Police in the form of a written report within
thirty (30) days from the date of the alleged incident. A preliminary
notice of disciplinary action on a non-civilian complaint must be
served on the charged officer within sixty (60) days from the date
of the alleged incident.
(c)
Date fixed for hearing: In any case where any officer of the Division
of Police has been charged with violation of the rules and regulations
of the Department, the Chief of Police shall notify said charged officer
by serving on him a preliminary notice of disciplinary action and
shall fix a date for a hearing not less than fifteen (15) nor more
than thirty (30) days after said notice is served upon the Officer.
(d)
Delay in hearing when criminal complaint is filed: In any matter
wherein a complaint for an offense is cognizable in the Municipal
Court has also been instituted against the officer, no disciplinary
hearing shall be conducted pursuant to this ordinance until said complaint
has been finally determined by the Court, provided the officer charged
shall have waived the requirement for hearing within (30) days.
(a)
The Presiding Officers shall decide all matters relating to procedure
and admission of evidence.
(b)
The hearing shall be conducted in accordance with the Administrative
Procedure Act L. 1968, c 410 (N.J.S.A. 52:14B-1 et seq.) as the same
presently exists or as it may be amended and supplemented from time
to time.
(c)
The Chief of Police shall present the case on the part of the Division.
In the event the charged officer is represented by counsel, then the
City Solicitor shall present the case for the Division.
(d)
Stenographic transcription: Irrespective of the provisions of N.J.S.A.
52:14B-9 (e) all hearings shall be stenographically transcribed. The
cost of the attendance of the certified shorthand reporter shall be
borne by the City. In the event a transcript is ordered, the cost
of the same shall be borne equally by the parties. The party so ordering
said transcript shall pay for the same initially, and upon such payment,
will be reimbursed for one-half of the cost thereof by the other party.
(e)
Discovery: Each party shall be entitled to discovery as follows:
1.
Within ten (10) days after the service of the Preliminary Notice
of Disciplinary Action, the charged officer may request from the Chief
of Police, in writing, a list of all witnesses who may be called upon
to testify and copies of all documents which will be offered into
evidence. The Chief of Police shall furnish the discovery requested
within five (5) days after receipt of the request.
2.
Within fifteen (15) days after the service of the Preliminary Notice
of Disciplinary Action, the Chief of Police or City Solicitor, as
the case may be, may request in writing from the charged officer or
his attorney, a list of all witnesses who may be called upon to testify
and copies of all documents which will be offered into evidence. The
charged officer shall furnish the discovery requested within five
(5) days after receipt of the request. In the event of the failure
of the Chief of Police or charged officer to submit such witnesses
or documents, or if additional documents are to be offered in evidence,
or if witnesses are discovered after discovery is furnished and are
to be called to testify, copies of such documents and the name and
address of such witnesses shall be supplied immediately, and the party
receiving the same shall be entitled to a reasonable adjournment to
meet said evidence.
(f)
Conduct of hearing: The hearing shall be conducted by the Presiding
Officers who shall rule on the admissibility of evidence in accordance
with the provisions hereof: The presiding officers and Advisory Review
Board shall be entitled to examine witnesses but their questions shall
be limited to clarification of previous facts elicited from a witness.
The presiding officers and Advisory Review Board may raise facts not
previously brought out on direct and cross examination, provided the
questions are relevant and comply with the provisions of N.J.S.A.
52:14B-10(a) as the same presently exists or may hereafter be amended
or supplemented.
(g)
Decision of Advisory Review Board: Upon the conclusion of the hearing,
the Board shall render to the Hearing Officers its advisory finding
of facts and conclusions of guilt or innocence and recommendations
for penalty, if any. Within five days thereafter, the Board shall
reduce its advisory findings of facts, conclusions and penalty, if
any, to writing, and the same shall be served upon the officer charged
and filed with the Presiding Officers. If the Board is unable to secure
a majority opinion, the Board shall so state, and the Presiding Officers
shall consider the individual opinion of each member of the Board.
(h)
Decision of Presiding Officers: The presiding officers shall set
forth their finding of facts, conclusions of law, decision and penalty,
if any, in writing and shall forward a copy to the Chief of Police,
the charged officer and Advisory Review Board.
[MC 1976-1, adopted February 2, 1976]
The officer charged shall have the right to appeal to the Civil
Service Commission or Superior Court, Law Division, in accordance
with rules governing appeals from actions of municipal agencies.
