Township of Byram, NJ Police Manual

Gender. Use of the masculine gender herein shall also include, where applicable, the female gender.

Tense of words. The words used in the present tense include the future.

May/should. As used herein, the words "may" and "should" shall mean that the action indicated is permitted.

Shall/will. The words "shall" and "will" as used herein shall indicate that the action is mandatory.

§ 48-8 Unit responsibilities.

Office of the Chief. The Chief of Police is responsible for the general direction, control and supervision of the Police Department as authorized and provided for by statute, ordinance and these rules.

Patrol and Traffic Division. The Patrol and Traffic Division is responsible for the performance of the following functions:

Preventive patrol activities.

The protection of life and property, preservation of the peace, enforcement of the law and suppression of crime.

The investigation of police incidents and minor crimes, and preliminary investigation of serious crimes.

Traffic law enforcement, traffic control and traffic accident investigation.

The assignment, control and supervision of special policemen and school crossing guards.

Providing maintenance programs and procedures for vehicles, communications and other equipment

Detective Division. The Detective Division is responsible for the following functions:

The initial follow-up investigations of serious crimes, vice crimes and fatal motor vehicle accidents and for initial investigations, where appropriate.

The preparation of cases for prosecution.

The recovery of stolen property.

The performance of all identification functions.

The prevention and control of juvenile delinquency.

The processing of juvenile offenders.

Maintaining liaison with the juvenile courts.

Services Division. The Services Division is responsible for the following functions:

The processing, indexing and filing of all reports and case files and for miscellaneous record services to the public and the Department and, with advice of the Detective Division, for forwarding reports to the appropriate prosecutor's office.

The receipt of all complaints, reports of crime and requests for police services from the public and dispatching of personnel to investigate these cases.

The operation of all radio and communications equipment.

Arranging for basic, in-service and specialized training for Department personnel and maintaining training records.

General. Duties and responsibilities are not limited to those listed herein. Other duties and responsibilities may be assigned as necessary to accomplish the objectives of the Department.

§ 48-9 Order of rank.

Rank established. Rank in the Byram Township Police Department shall descend in the following order:

Chief of Police.

Lieutenant.

Sergeant.

Police officer.

Rank and seniority. When officers are of the same grade, they shall rank according to their seniority determined by time in rank. When two or more officers are appointed to the same grade on the same day, each shall rank according to his respective position on the eligibility list which determined the order of his appointment to that grade.

§ 48-10 Duties of department.

The Police Department shall:

Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblage and preserve order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons and to protect the safety and facilitate the convenience of motorists and pedestrians and make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Township for such purposes.

Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.

Provide proper police attendance and protection at fires.

Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

Operate a training program to maintain and improve the police efficiency of the members of the Department.

§ 48-11 Superior officers; duties.

Chief of Police.

The Chief of Police shall be the executive head of the Police Department and shall be responsible to the Township Manager. In the temporary absence or disability of the Chief of Police, he will appoint on a temporary basis the next senior and ranking member of the Department who will act in his place, conferring on him the title of "Acting Chief," which title shall be used only for the duration of the temporary appointment.

The control and discipline of the Police Department of the Township and of its members shall be vested in the Chief of Police, and he shall enforce all rules and regulations and any general and special orders or instructions not inconsistent with those of the Township Manager which he may from time to time promulgate. Should the Chief deem any violation by a member of the Department to be sufficiently flagrant, he shall report it to the Township Manager with his recommendations for the filing of charges.

The Chief of Police, with the assistance of the other members of the Department detailed for the purpose, shall keep a complete record on the work of the Department, and the Chief of Police shall report in writing to the Township Manager for presentation to the Township Council at its first regular meeting in each month on all matters of importance pertaining to the Department, making such recommendations as in his opinion will increase the efficiency of the Department.

The Chief of Police shall recommend to the Township Manager from time to time the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.

Police Lieutenant.

The Police Lieutenant shall be the first-ranking officer under the Chief of Police, and, in the temporary absence or disability of the Chief of Police, he shall act in his place, during which time he may be known as "Acting Chief," which title, however, shall be used only for the duration of the temporary absence or disability of the Chief of Police.

The Police Lieutenant shall, under the supervision of the Chief of Police, have charge of the day-to-day operations of the subordinate police officers and in connection therewith shall perform specialized supervisory police duties as required, not inconsistent with the rules and regulations or general or special orders.

Police Sergeants.

Sergeants shall be second-ranking officers under the Chief of Police. In the temporary absence or disability of the Police Lieutenant, a Police Sergeant shall act in his place, during which time he may be known as "Acting Lieutenant," which title, however, shall be used only for the duration of the temporary absence or disability of the Police Lieutenant. In the temporary absence or disability of both the Chief of Police and the Police Lieutenant, a Sergeant shall act as Chief of Police, during which time he may be known as "Acting Chief," which title, however, shall be used only for the duration or temporary absence or disability of both the Chief of Police and the Police Lieutenant.

The Sergeant to act as Acting Lieutenant or Acting Chief shall be appointed for such temporary position by the Chief of Police.

The Police Sergeants shall, under the supervision of the Police Lieutenant, coordinate the activities of the subordinate policemen in the day-to-day operations of their duties.

§ 48-12 Responsibilities and duties of police officers.

Police officers are responsible for performing a variety of duties related to the protection of life and property, enforcement of criminal and traffic laws, prevention of crime, preservation of the public peace and the apprehension of criminals. They will perform these duties as prescribed in Department orders and as directed by their supervisors. In addition to these and the general and individual responsibilities of all members and employees, police officers are specifically responsible for the following:

Police mission. A police officer is responsible for the accomplishment of the police mission on his beat. He shall constantly be alert for violations of the laws and ordinances and shall make every effort to prevent breaches of the peace and offenses against persons and property.

Reporting for duty. He shall report promptly at the designated hour and place, in proper uniform for assignment and inspection. He shall listen attentively to orders and instructions of his superior officers and read such materials as are made available to him. He shall make written memoranda of such information as necessary and shall immediately proceed to his beat upon completion of these tasks.

Familiarization with beat. A police officer shall thoroughly familiarize himself with his beat. He shall be familiar with all public businesses and offices and their entrances, exits, skylights, fire escapes and other possible means of escape. While making security checks of doors, he shall familiarize himself with the locations of safes and night-lights. Changes in night-lights will be particularly noticed.

Method of patrol. During his tour of duty, the police officer shall continuously patrol every part of his beat, giving attention to and frequently rechecking locations where the crime hazard is great. As far as possible, he shall not patrol his beat according to any fixed route or schedule but shall alternate frequently, so that no set pattern is established.

Unlocked building.

When a door or window is found open under suspicious or unusual circumstances on any tour of duty, a police officer shall make a thorough investigation and determine, if possible, whether a burglary or other crime has been committed and whether the door or window can be secured. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows. He shall notify his shift commander and if possible, the property owner.

Under circumstances indicating that an intruder is still inside a building, the officer discovering the same should immediately summon assistance and then stand guard. When the assistance arrives, he may enter and search the building.

Field interviews. At night, when the occasion demands it, the police officer shall courteously but firmly question persons on the public streets as to their names, addresses, reason for being on the street and other matters relating to the circumstances. In all cases, good judgment and discretion should be used in making a decision to arrest.

Vice suppression. A uniformed officer shall take notice of vice activities and shall report, in writing, on the same to the Detective Division unless there is a flagrant violation in the officer's presence, at which time he shall take the appropriate enforcement action.

Traffic law enforcement. Police officers are charged with the enforcement of all provisions of local and state traffic codes. Failure to take appropriate action in traffic violation cases is considered neglect of duty.

Complaint action. A police officer shall carefully investigate all complaints in or near his beat which are assigned to him or which are brought to his attention by citizens. He shall take suitable action in those cases which come under his jurisdiction and inform interested parties of the laws or ordinances relative to the particular complaint or incident. If the legal remedy of the complaint lies outside of the jurisdiction of the Police Department, he shall advise the complainant accordingly and refer him or her to the proper authority.

Radio failure. Police officers shall pay strict attention to all regular radio transmissions. When they fail to hear any radio transmissions or time signals for a period not to exceed 30 minutes they shall immediately call the dispatcher for a special test. If, after three attempts, they fail to receive an acknowledgement, they shall immediately contact the desk officer by telephone. In case of radio trouble the officers shall notify their shift commander and/or dispatcher of the nature of the trouble.

§ 48-13 Professional conduct and responsibilities.

Members of the Department shall observe the following rules of conduct:

Standard of conduct. Members and employees shall conduct their private and professional lives in such a manner as to avoid bringing the Department into disrepute.

Loyalty. Loyalty to the Department and to associates is an important factor in Department morale and efficiency. Members and employees shall maintain loyalty to the Department and their associates as is consistent with the law and professional ethics.

Cooperation. Cooperation between the ranks and units of the Department is essential to effective law enforcement. Therefore, all members are strictly charged with establishing and maintaining a high spirit of cooperation within the Department.

Assistance. All members are required to take appropriate police action toward aiding a fellow peace officer exposed to danger or in a situation where danger might be impending.

General responsibilities. Members shall at all times take appropriate action to:

Protect life and property.

Preserve the peace.

Prevent crime.

Detect and arrest violators of the law.

(e)

Enforce all federal, state and local laws and ordinances coming within Department jurisdiction.

Duty responsibilities. Members of the Department are always subject to duty although periodically relieved of its routine performance. They shall, at all times, respond to the lawful orders of superior officers and other proper authorities as well as calls for police assistance from citizens. Proper police action must be taken whenever required. The administrative delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve members of other units from the responsibility of taking prompt, effective police action within the scope of those laws and ordinances when the occasion so requires. Members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary.

Neglect of duty. Members and employees shall not commit any act nor shall they be guilty of any omission that constitutes neglect of duty.

Performance of duty. All members and employees shall perform their duties as required or directed by law, Department rule, policy or order or by order of a superior officer. All lawful duties required by competent authority shall be performed promptly as directed, notwithstanding the general assignment of duties and responsibilities.

(9)

Questions regarding assignment. Members and employees in doubt as to the nature or detail of their assignments shall seek clarification from their supervisors by going through the chain of command.

(10)

Insubordination. Members or employees shall not commit acts of insubordination. The following specific acts are prohibited by this section:

Failure or deliberate refusal to obey a lawful order given by a superior officer.

Any disrespectful, mutinous, insolent or abusive language or action toward a superior officer.

(11)

Obedience to laws and regulations. Members and employees shall observe and obey all laws and ordinances and all rules and regulations and orders of the Department.

(12)

Criticism of official acts or orders. Members and employees shall not criticize the official actions, instructions or orders of any Department member in a manner which is defamatory, obscene or unlawful or which tends to impair the efficient operation of the Department.

(13)

Conduct toward superior and subordinate officers and associates. Members and employees shall treat superior officers, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another. When on duty and particularly in the presence of other members, employees or the public, officers should be referred to by rank.

(14)

Manner of issuing orders. Orders from superiors to subordinates shall be in clear, understandable language, civil in tone and issued in pursuit of Department business.

(15)

Unlawful orders. No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinance or Department rule.

(16)

Obedience to unlawful orders. Obedience to an unlawful order is never a defense of an unlawful action; therefore, no member or employee is required to obey any order which is contrary to federal or state law, local ordinance or Department rule. The responsibility for refusal to obey rests with the member; he shall be strictly required to justify his action.

(17)

Obedience to unjust or improper orders. Members or employees who are given orders which they feel to be unjust must first obey the order to the best of their ability, and they may proceed to appeal as provided in Subsection A(19).

(18)

Conflicting orders. Upon receipt of an order conflicting with any previous order or instruction, the member or employee affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command shall be obeyed first. Orders will be countermanded or conflicting orders will be issued only when reasonably necessary for the good of the Department.

(19)

Reports and appeals. Unlawful, unjust or improper orders. A member or employee receiving an unlawful, unjust or improper order shall, at first opportunity, report in writing to the Chief of Police through official channels. This report shall contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Intradepartment action regarding such an appeal shall be conducted through the office of the Chief of Police.

(20)

Soliciting gifts, gratuities, fees, rewards or loans. Members and employees shall not, under any circumstances, solicit any gift, gratuity, loan, reward or fee where there is any connection between the solicitation and their Department membership or employment.

(21)

Acceptance of gifts, gratuities, fees or loans. Members and employees shall not accept, either directly or indirectly, any gift, gratuity, loan or fee or any other object of value arising from or offered because of police employment or any activity connected with said employment. Members and employees shall not accept any gift, gratuity, loan or fee or other object of value, the acceptance of which might tend to influence the actions of said members or employees or any other member or employee in any matter of police business or which might tend to cast an adverse reflection on the Department or any member or employee thereof.

(22)

Rewards. Members and employees shall not accept any gift, gratuity or reward in money or other compensation for services rendered in the line of duty to the community or any person, business or agency, except lawful salary and that which may be authorized by law or by the Chief of Police.

(23)

Disposition of the unauthorized gifts or gratuities. Any unauthorized gift, gratuity, loan, fee or reward or other object coming into the possession of any member or employee shall be forwarded to the office of the Chief of Police, together with a written report explaining the circumstances.

(24)

Free admissions and passes. Members and employees shall not solicit free admission to theaters and other places of amusement for themselves and others except in the line of duty.

(25)

Intercession; soliciting. Members and employees shall not solicit anyone to intercede with the Chief of Police, Township Manager, Mayor or members of the Council in relation to promotion assignments, disposition of pending charges or findings in a Department trial or other related matter.

(26)

Persons and places of bad reputation. Members and employees shall not frequent places of bad reputation and not associate with persons of bad reputation, except as may be required in the course of police duty.

(27)

Withholding information. Members and employees shall not at anytime withhold any information concerning criminal activity from proper authorities.

(28)

Reporting violations of law, ordinances, rules or orders. Members and employees knowing of other members or employees violating laws, ordinances or rules of the Department or disobeying orders shall report the same in writing to the Chief of Police through official channels. If the member or employee believes the information is of such gravity that it must be brought to the immediate personal attention of the Chief of Police, official channels may be bypassed.

§ 48-14 General conduct on duty.

Prohibited activity on duty. Members and employees are prohibited from engaging in activities while on duty that would tend to bring discredit to themselves or the Department. Among the prohibited activities are:

Sleeping, loafing or idling.

Recreational reading (except at meals).

Conducting private business or other personal activity.

Gambling, unless to further a police purpose.

Alcoholic beverages and drugs.

No member or employee of the Department will appear for or be on duty under the influence of liquor or drugs or be unfit for duty because of their excessive use.

Members or employees of the Department shall not drink any kind of intoxicating beverage while on duty or take any drugs not duly prescribed and necessary for health at any time, unless necessary to further a police purpose.

Members or employees of the Department shall refrain from drinking intoxicating beverages for a reasonable period before going on duty. No intoxicants shall be taken within four hours of a regularly scheduled duty shift.

Intoxicating beverages may not be consumed at any police station or any part thereof, except under the direction of the Chief of Police or his designee.

No member of the Department shall at anytime when in uniform, except in the performance of duty, enter any place in which intoxicating liquor is served. [See also Subsection B(8).]

Members and employees shall not bring into or keep on Department premises any intoxicating liquor or drugs, except when necessary in the performance of a police task. Liquor or drugs brought into Department premises in the furtherance of a police task shall be properly identified and stored according to Department policy.

Members of the Department shall submit to breath analysis or other chemical test when directed by a superior officer upon probable cause to believe that the member has violated any provision of the rules and regulations regarding alcohol and drugs. Failure to submit will cause immediate disciplinary action to be taken in addition to any such action taken as a result of formal charges. A blood alcohol reading of 0.05% or higher shall be considered unfit for duty.

Members of the Department assigned by the Chief of Police to various conferences, meetings or other official events where social drinking of intoxicants is provided for or reasonably expected may imbibe judiciously but not to any point of intoxication or impairment. All such drinking will occur at the site of the event.

Absence from duty. Every member or employee who fails to appear for duty at the date, time and place specified without the consent of competent authority is "absent without leave." Such absence within the period of one day must be reported in writing to the commanding officer. Absences without leave in excess of one day must be reported in writing to the Chief of Police.

Physical fitness for duty. Members shall maintain good physical condition so that they can handle the strenuous physical contacts often required of a law enforcement officer. Each member shall undergo an annual physical examination with a physician, approved by the Chief of Police. The cost of such physical shall be paid for by the Township.

Smoking while on duty. Members shall not smoke on duty while in direct contact with the public nor when in uniform in public view, except that smoking is permitted in public view at meal times and while patrolling in police automobiles, at which times it shall be as inconspicuous as possible.

Relief. Members and employees are to remain at their assignments and on duty until properly relieved by other members or employees or until dismissed by competent authority, even though their official tour of duty has ended.

Suspending patrol for lunch or coffee break.

Members will be permitted to suspend patrol for the purpose of having one meal during their shifts and a maximum of two coffee breaks. However, they shall arrange to suspend patrol only at such time as will cause the least interference with their regular duties. Members are subject to immediate call at all times.

No more than one unit shall be at any one location at the same time.

Training. Members shall attend in-service training in the theory and practice of law enforcement at the direction of the Chief of Police. Such attendance is considered a duty assignment.

Inspections. From time to time the Chief of Police may call for full dress inspections of the Department or any part thereof. Members directed to attend such inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such an inspection is chargeable as absence without leave.

National colors and anthem. Uniformed members will render full military honors to the national colors and anthem at appropriate times. Members and employees in civilian dress shall render proper civilian honors to the national colors and anthem at appropriate times.

Possession of keys. No member, unless authorized by his commanding officer, shall possess keys to any premises not his own on or near his beat.

Address and telephone numbers. Members and employees are required to have telephones at their places of residence. Changes in addresses or telephone numbers shall be reported to the commanding officer within 24 hours. This notification shall be done in writing on the appropriate form and within the specified time, whether the member or employee is working or on leave.

§ 48-15 Uniforms, equipment and appearance.

Regulation uniforms required. All members shall maintain regulation uniforms. Uniforms shall be kept neat, clean and well-pressed at all times.

Manners of dress on duty. Members will wear the duty uniform prescribed by their commanding officer.

Wearing or carrying badge. A member, when in uniform, shall wear the regulation badge on the outside of the outermost garment over the left breast and always in sight. When not in uniform or off duty, he shall carry his badge in his pocket. Requirements to carry a badge may be waived by a superior officer in order to further a police purpose.

Wearing of name badge. A member, when in uniform, shall wear the regulation name badge on his outermost garment.

Altering style of uniform. Uniforms shall be made of the material and the style prescribed in Police Department orders, and such style shall not be altered or changed in any manner whatsoever unless authorized by the Chief of Police.

Carrying required equipment when in uniform. While on duty, except when assigned to office duties, members shall carry as full uniform the following:

Badge.

Police Department identification card.

Weapon and ammunition (Department-issued or approved).

Whistle.

Handcuffs.

Flashlight.

Note pad.

Equipment in civilian clothes and on duty. While on duty, members who are required to wear civilian clothes shall carry as full equipment the following:

Badge.

Weapon and ammunition (Department-issued or approved).

Handcuffs.

Police Department identification card.

Carrying equipment off duty. When off duty, each member will carry or have immediately available to him his badge, Department weapon, or other weapon as authorized by the Department, and identification card. This rule shall not apply when members are engaged in sports and activities of such a nature as to make it impractical. No member shall carry a weapon off duty when he is impaired or under the influence of an intoxicating substance.

Civilian clothing; manner of dress. Male members and employees permitted to wear civilian clothing during a tour of duty shall wear either a business suit or sport coat and slacks. Commanding officers may prescribe other types of clothing when necessary to meet a particular police objective. Female members and employees permitted to wear civilian clothing shall conform to standards normally worn by office personnel in private business firms, unless otherwise directed.

Equipment. All equipment must be clean and in good working order and conform to Department specifications.

Uniform and equipment damage claim. Any claims for damage to clothing, equipment and eyeglasses caused by the performance of duty shall be made in accordance with current Department directives.

Personal appearance. Every member and employee of the Department, while on duty, must at all times be neat and clean in person, his clothes clean and pressed and his uniform in conformity with the rules and regulations. He shall, as often as necessary, examine and clean his equipment and keep it always in good serviceable condition. Male members and employees shall conform to the following additional standards of appearance:

[Amended 6-4-2018 by Ord. No. 12-2018]

Hair shall be neatly trimmed and groomed. Hair shall be cut to present a tapered appearance on the side and back and, when combed, shall not fall over the eyebrows or extend over the shirt or coat collar when standing with the head in a normal position. There shall be no designs cut into the head hair. Designs such as numbers, insignias, or other inscriptions are strictly forbidden. Hair coloring, if used, must appear natural.

All facial hair shall be evenly trimmed at all times while on duty and shall not exceed 1/2 inch in length. There shall be no designs cut into the facial hair.

§ 48-16 Department property and equipment.

Members and employees are responsible for the proper care of Department property and equipment. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action. All property issued to personnel will be logged and signed for and reverse entries made upon the proper return of property.

Damaged property or equipment. Members and employees shall immediately report to their commanding officer on designated forms any loss of or damage to Department property assigned to or used by them. The immediate superior will be notified of any defects or hazardous conditions existing in any Department equipment or property.

Care of Department buildings. Members and employees shall not mar, mark or deface any surface in any Department building. No material shall be affixed in any way in Department buildings without specific authorization from a commanding officer.

Notices. Members and employees shall not mark, alter or deface any posted notice of the Department.

Department vehicles; use. Department vehicles shall be used in the furtherance of police business. Unscheduled use of Department vehicles shall be logged in-service in through the dispatcher system.

Operation of motor vehicles. Members and employees, when driving vehicles of any description, private or of the Department, shall not violate the traffic laws except only in cases of absolute emergency and then only in conformity with the laws regarding the same. They shall set an example for other persons in the operation of their vehicles.

Emergency calls and use of red light and siren. Members shall exercise judgment and care with due regard to the safety of life and property. They shall slow down at all street intersections to such a degree that, when crossing the same, they will have safe control of their cars, especially when crossing street intersections where the traffic signal lights are against them or where there are stop signs. They shall use the red light and sound the siren on such calls and take the utmost precaution.

Transporting citizens. Citizens will be transported in Department vehicles only when necessary to accomplish a police purpose. Such transportation will be done in conformance with Department policy or at the direction of a commanding officer, immediate supervisor or the communications center.

Reporting accidents. Accidents involving municipal personnel, property and equipment must be reported in accordance with Departmental procedures.

Presumption of responsibility. In the event that municipal property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property or vehicle was responsible.

§ 48-17 Communications and correspondence.

Restrictions. Members and employees shall not use Department letterheads for private correspondence.

Chain of command. All written and/or verbal communications shall follow the chain of command both upwards and downwards. Exceptions to this rule shall be allowed wherever the chain of command cannot be adhered to due to a problem of a serious nature or in an emergency.

Department address, private use of. Members and employees shall not use the Department as a mailing address for private purposes. The Department address shall not be used for any private motor vehicle registration or driver's license.

Radio discipline. All members of the Department operating the police radios shall strictly observe the regulations for such operations as set forth in Department orders and by the Federal Communications Commission.

§ 48-18 Investigations.

Command of scene. At the scene of any crime, accident or other police incident, the ranking officer present shall direct police personnel to assure the most orderly and efficient accomplishment of the police task. When two or more officers of the same rank are present and one of these is assigned to the investigative detail that will follow up the investigation, that ranking officer will supervise. This provision coordinates the efforts of the several subordinate members who may be assigned to the incident; therefore, it is incumbent upon the ranking officer assuming such control to become acquainted with the facts and ensure that appropriate action is being taken or is initiated.

Responsibilities of members arriving at crime scenes. The first member to arrive at the scene of a crime or other police incident is responsible for the following actions as they may apply to the situation:

Summoning medical assistance and administering first aid as required to prevent further injury or loss of life.

Making such arrests as are required.

Security of the scene.

Conducting a preliminary investigation.

Responsibility of assigned members at crime scene. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incidents are responsible for the duties in Subsection B and the completing of the preliminary or other investigation as directed. This shall include securing statements and other information which will aid in the successful completion of the investigation, locating, collecting and preserving physical evidence and identifying, locating and apprehending the offender.

Identification as police officer. Except when impractical or where the identity is obvious, officers shall identify themselves by displaying the official badge or identification card before taking police action.

Release of information at crime scene. Unauthorized persons, including members of the press, shall be excluded from crime scenes. Information which will not hinder or nullify an investigation shall be given to the press by the superior officer in charge of the investigation, in accordance with Department policy.

Confidential information.

Members and employees shall not reveal any confidential business of the Department. They shall not impart confidential information to anyone except those for whom it is intended or as directed by their commanding officer.

Members shall not make known to any person any Department order which they may receive, unless so required by the nature of the order.

Contents of any Department record or report filed in the Police Department shall not be exhibited or divulged to any person other than a duly authorized police officer, except on approval of the Chief of Police or under due process of law or as permitted under Department regulations.

Compromising criminal cases. Members and employees shall not interfere with the proper administration of criminal justice.

Members and employees shall neither attempt to interrupt the legal process, except where a manifest injustice might otherwise occur, nor participate in or be concerned with any activity which might interfere with the process of law.

Members and employees shall not attempt to have any traffic summons or notice to appear reduced, voided or stricken from the calendar without the consent of the Chief of Police or Township Prosecutor.

Any member or employee having knowledge of such action and failing to inform his superior officer thereof shall be subject to disciplinary action.

Complaints against members. In the event that there are any complaints filed against members of the Police Department, such members shall immediately file a written report with the Chief of Police.

§ 48-19 Detentions.

Use of derogatory terms. Members or employees shall:

Neither speak disparagingly of any race or minority group nor refer to them in insolent or insulting terms of speech whether prisoners or otherwise.

Neither use uncomplimentary terms of speech when referring to any prisoner or other person nor willfully antagonize any person with whom they come in contact.

Reports and bookings. No member or employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false or improper information on records of the Department.

Recommending attorneys and bail brokers prohibited. Members and employees shall not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. Any person requesting this information shall be referred to the telephone directory.

Acting as bailor prohibited. Members and employees cannot act as bailor for any person in custody, except relatives, and in no case where any fee, gratuity or reward is solicited or accepted.

§ 48-20 Firearms.

Departmental regulations concerning the care and use of firearms are designed to protect the lives of police officers and the lives and property of the public.

Handling of firearms. Police officers shall exercise caution and the utmost care in handling firearms on and off duty.

Official police weapon. The official police weapon shall be an automatic pistol or revolver issued to each police officer by the Department. The carrying of personal firearms on duty or during emergencies is prohibited unless approved by the Chief of Police or duty supervisor.

Off-duty weapon. The Chief of Police may authorize a police officer to carry an off-duty weapon other than the official police weapon, provided that the police officer follows the steps prescribed herewith:

He submits to the superior officer in charge of firearms training, for inspection, the off-duty weapon that he intends to carry in order to determine whether it meets the same standards set for safety and serviceability that apply to the official police weapon and is compatible with Department-issued ammunition.

He submits his authorized off-duty weapon for test fire and inspection upon his appearance for scheduled firearms retraining.

He carries the authorized off-duty weapon only after he has secured the written approval of the Chief of Police and only during the time this approval remains in effect.

He observes and is bound by any part of or any section of these rules and regulations which pertains to the official police weapon, and he understands that these same rules and regulations also apply to the use of any off-duty weapon which may be authorized by the Chief of Police.

On-duty and off-duty holsters. The official police weapon or authorized off-duty weapon shall be carried only in Department-issued holsters or in authorized holsters which conform to Department specifications.

Nonregulation weapon prohibited. Police officers who carry or employ weapons other than those that have been inspected and approved by the firearms officer or Chief of Police shall be subject to disciplinary action.

Tampering with official police weapon. All repairs and adjustments to the official police weapon shall be made by the superior officer in charge of firearms training. Police officers shall not use unauthorized molded grips, special-type grips or pearl-handled grips. Also, they shall not make any change in the trigger-pull mechanism or effect any other unauthorized alteration or addition. Grip adapters may be used in special cases, but only after the police officer first has obtained the approval of the superior officer in charge of the firearms section.

Care of firearms off duty outside home. A police officer, when off duty and outside his home, shall keep his Department-issued service weapon or authorized off-duty weapon holstered and on his person, readily available for necessary use, unless he is on sick, injured or vacation leave. To avoid an accidental discharge, a police officer shall not carry his weapon in his waistband or in any of his pockets unless conditions so require.

Care of firearms off duty at home. A police officer shall keep his weapon in a secure place readily available in case of emergency.

Removing weapon from belt. When removing the weapon from his person, a police officer shall keep the weapon holstered and jointly remove both the weapon and holster from his belt. A police officer shall not remove the weapon from its holster except when he intends to clean or fire it. However, when circumstances require, a police officer may unload his weapon before storing it in a secure place, provided that he observes all the safe practices prescribed and taught by the authorized Department firearms instructors for the unloading of the weapon.

Carrying weapon; general. Police officers shall carry their official police weapons or authorized off-duty weapons fully loaded and in a serviceable, operating condition so that they may be prepared when called upon to carry out a police duty, service, function or responsibility. They shall also carry a minimum of six rounds of extra ammunition. Police officers on sick, injured or vacation leave may, but are not required to, carry a weapon. Police officers who are suspended or whose weapons have been officially taken from them for other reasons shall not carry a weapon under any circumstances.

Carrying weapon on duty. Police officers in uniform shall carry their weapons in holsters attached to their uniform belts or to supplementary belts beneath the blouses or overcoats when these garments are worn. Detectives and other police officers not in uniform shall carry their weapons in authorized holsters. When in plain clothes they shall carry their weapons securely but readily accessible to use.

Loss of the weapon. Loss of the police weapon through carelessness or neglect shall be deemed a serious violation of Department regulations.

Ammunition issued. The initial issue and the replacement of ammunition for Department weapons shall be made by the Department without expense to the police officer. The Department shall replace rounds of ammunition that have become unserviceable and rounds that have been expended in the line of duty. Only Department-issued ammunition shall be used.

Authorized discharge of firearms. A police officer may not discharge his weapon except:

When in attendance at an approved firing range.

To dispose of any animal that is dangerous or seriously injured when other means of disposition are unavailable.

Under circumstances in which a police officer is justified in using deadly force (defined below).

Discharge of firearm; report. Reports following the discharge of firearms shall be filed as follows:

It shall be the policy of the Byram Township Police Department that any member of the force who discharges any firearm or service weapon shall, by the quickest means of communication available, notify the appropriate police official and promptly submit a written report to his commanding officer:

Whether in performance of duty or accidentally.

Whether on or off duty, as well as during an authorized absence from duty.

This reporting requirement shall not apply to firearms routinely discharged in the course of training or off-duty recreational use.

Required reports.

The officer involved to execute an incident report.

The responding supervisor's investigation.

The commanding officer's investigation, conclusions and recommendations.

Report includes:

The time.

The day.

The date.

The location.

What occurred (the incident leading up to the discharge of firearm).

(f)

The reason for discharge, giving all pertinent information.

(g)

If in the performance of duty, the justification for the discharge.

(h)

If in another jurisdiction, the name of the police agency in that jurisdiction.

Responding supervisor's investigation.

Submits report to his commanding officer as soon as possible.

Report includes:

The officer(s) involved.

The tour of duty.

[3]

The time of occurrence.

The assignment

The day.

The date.

The chronological sequence of events up to the shooting.

[8]

The names and addresses of subjects and/or witnesses, with a brief summary of their statements.

[9]

The results of the examination of the service firearm.

The number of live rounds still contained and their positions.

The number of expended shells and their positions.

The number of shots fired, related to firing point.

[d]

The serial number, manufacturer and the model number.

[e]

The name of the person to whom the weapon is issued and registered.

[10]

The results of the check of the surrounding area for expended rounds, giving the location where found, if applicable (injury or damage).

[11]

Conclusions: The use of the service firearm was justifiable or unjustifiable, with the investigation officer's observations and conclusions.

Reports of witnesses.

The names of all persons having firsthand knowledge should be gathered immediately.

The statements of disinterested witnesses are vital.

Should be in writing.

Should be in narrative form, but augmented by series of questions and answers to ensure the fullest possible disclosure.

Commanding officer's investigation.

A complete report to Chief of Police within 24 hours of the incident unless specific approval from the Chief of Police for extension of time.

A preliminary report within 24 hours.

Notifications.

Communications will notify the Chief of Police or the senior officer in charge of the force in case of injury or death.

The commanding officer, or officer in charge at the time in which the incident occurred and, if appropriate, the unit to which the officer is attached.

If injury or death by any firearm:

Detective bureau notified; and

Officer placed on administrative leave and an entry made in police log.

Intelligence division (possible effect on community).

(9)

Use of weapon other than firearm (use of blackjack, baton, etc.).

The member who uses the weapon shall report the incident:

To his commanding officer no later than the conclusion of the tour of duty in which the incident occurs.

The commanding officer shall:

Make a thorough investigation.

Forward a report to the Chief of Police at his discretion.

Use of force, including deadly force, by law enforcement officers.

Introduction.

The primary objective of this subsection is to express this Department's policy as a guide concerning the use of force in law enforcement. In furtherance of this objective, this subsection incorporates the essence of the laws and basic training courses concerning the use of force by officers in the performance of their duties.

As defined in N.J.S.A. 2C:3-11, "deadly force" means force which the officer uses with the purpose of causing, or which the officer knows to create a substantial risk of causing, death or serious bodily harm. Purposely firing a firearm in the direction of another person or at the vehicle, building or structure in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the purpose is limited to creating an apprehension that the officer will use deadly force if necessary, does not constitute deadly force.

"Nondeadly force" means physical force other than deadly force.

As defined in N.J.S.A. 2C:3-11, "serious bodily harm" means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.

(e)

As defined in N.J.S.A. 2C:3-11, "dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being an individual's home or place of lodging.

It is the policy of this Department that its officers employ force in the performance of their duties only to the degree and in the manner provided by law and consistent with the provisions of the New Jersey Code of Criminal Justice.

Warning shots by officers performing their duties are not authorized by the Department.

Comment. Officers have special legal authority to use force and deadly force in certain situations, subject to limitations. Notwithstanding this authorization, they are under a duty to employ extraordinary care in the handling of firearms and other deadly weapons. It is essential that each officer exercise sound judgment and act reasonable under all circumstances where any force is applied. Given the existence of the requisite conditions, an officer should resort to deadly force only when immediately necessary and only after less drastic alternatives have been exhausted or are believed to be ineffective in light of the prevailing circumstances.

Mechanics. The specific rules and limitations that follow govern the circumstances in which a police officer is justified in using force (deadly or nondeadly). The unifying principles that bind all of these rules and limitations are necessity and proportionality: a police officer shall use force only when and to the extent necessary and he shall use only that force which is reasonable in relation to the harm he seeks to prevent

Use of nondeadly force.

Officers are justified in using nondeadly force in the performance of their duties when they reasonably believe it is immediately necessary to:

Protect themselves or others against the use of unlawful force by another person;

Prevent another from committing suicide or inflicting serious bodily harm upon oneself;

Thwart the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace;

[d]

Prevent an escape; or

[e]

Effect an arrest for any offense or crime under the laws of the State of New Jersey.

The use of force (deadly or nondeadly) to effect an arrest, however, is not justifiable unless:

Officers make known the purpose of the arrest or reasonably believe that their identity and purpose are otherwise known by or cannot reasonably be made known to the person to be arrested.

When the arrest is made under a warrant, the warrant is valid or reasonably believed by the officer to be valid.

When the arrest is without a warrant, that the arrest is lawful.

Use of deadly force. Officers are justified in using deadly force in the performance of their duties only in the following situations and subject to the following limitations consistent with the provisions of the New Jersey Code of Criminal Justice:

Self defense. When officers reasonably believe that deadly force is necessary to protect themselves against death or serious bodily harm.

Comment. Officers, when justified in using force, are not obliged to desist because resistance is encountered or threatened; they may not only stand their ground, but may press forward to achieve a lawful objective, overcoming force with force.

[3]

Defense of a third person. When officers reasonably believe that their intervention is necessary to protect another against death or serious bodily harm, except that deadly force is not justifiable:

If the officer can otherwise secure the complete safety of the protected person (unless the person whom he is defending is in his home, and the attacker is not a resident); or

Where it reasonably appears to the officer that the person he seeks to protect has unlawfully, with the purpose of causing death or serious bodily harm, provoked the use of deadly force against himself in the same encounter.

[4]

Prevention of crime. When the officer reasonably believes that:

Deadly force is necessary to prevent the following crimes:

	Crime	N.J.S.A.
	Murder or manslaughter	2C:11-3 and 2C:11-4
	Kidnapping	2C:13-1
	Arson	2C:17-1
	Robbery	2C:15-1
	Sexual assault and aggravated sexual assault	2C:14-2
	Aggravated criminal sexual contact; and	2C:14-3a

The person whom he seeks to prevent from committing a crime will endanger human life or inflict serious physical injury upon another unless the commission or the consummation of the crime is prevented; and

The use of deadly force presents no substantial risk of injury to innocent persons.

Notwithstanding the provisions of N.J.S.A. 2C:3-7b(2)(c) and 2C:3-7e, it is the policy of this Department that the use of deadly force by officers to prevent death by auto (N.J.S.A. 2C:11-5) or criminal sexual contact (N.J.S.A. 2C:14-3b) is not authorized.

[5]

Arrest; escape from custody.

When, subject to Subsections Q(2) and (3)(a)[2] above, the officer reasonably believes that: deadly force is necessary to effect an arrest of or prevent the escape of a person who has committed or has attempted to commit the following crimes:

	Crime	N.J.S.A.
	Murder or manslaughter	2C:11-3 and 2C:11-4
	Kidnapping	2C:13-1
	Arson	2C:17-1
	Robbery	2C:15-1
	Sexual assault and aggravated sexual assault	2C:14-2
	Aggravated criminal sexual contact; and	2C:14-3a

When the officer reasonably believes that the force involved creates no substantial risk of injury to innocent persons; and

When the officer reasonably believes that there is an imminent threat of deadly force to the officer or to a third party; or the use of deadly force is necessary to thwart the commission of a crime as set forth in this section; or the use of deadly force is necessary to prevent an escape or flight for arrest for a crime as set forth in this section; and:

[i]

There is an imminent threat of serious bodily injury to officers or a third person; or

[ii]

The person has committed a crime involving infliction of serious bodily injury.

Notwithstanding the provisions of N.J.S.A. 2C:3-7b(2)(c) and the foregoing, it is the policy of this Department that the use of deadly force by officers to effect an arrest or to prevent an escape from custody for the crimes or attempts to commit the crimes of death by auto (N.J.S.A. 2C:11-5) or criminal sexual contact (N.J.S.A. 2C:14-3b) is not authorized.

[6]

Escape from officer's detention. When a person attempts to escape after arrest but prior to commitment to a jail, prison or other institution for the detention of persons charged with or convicted of an offense, only if officers would have been justified in using deadly force to effect the arrest.

[7]

Escape from commitment. When the officer reasonably believes that deadly force is necessary to prevent the escape of a person committed to a jail, prison or other institution for the detention of persons charged with or convicted of an offense, provided that the officer believes that the force employed creates no substantial risk of injury to innocent persons.

Overlapping justifications. Justifications for the use of any force in specific situations (e.g., self defense, defense of others, effecting an arrest, etc.) are not mutually exclusive. There will be situations where the justifications overlap. The fact that the use of deadly force may not be warranted under a particular justification (e.g., to effect an arrest or to prevent an escape of a disorderly-persons offender, etc.) does not mean that an officer who is lawfully effecting the arrest of a disorderly-persons offender cannot use deadly force in self defense. Similarly, an officer may be warranted in acting under more than one justification, provided that the requirements of both justifications are met. Thus, an officer effecting an arrest for kidnapping may be justified in using deadly force either to effect the arrest or in self-defense, or both.

Firearm requalification. A police officer must be legally skilled in the use and maintenance of the firearm he carries for the protection of the community and himself. To ensure that all officers are well-trained and proficient in the use and maintenance of firearms, it is the policy of this Department that each officer satisfy the county firearms requalification process twice annually. An officer must successfully requalify with both his in-service and off-duty weapon, and the record of the scores of all members of this Department shall be systematically maintained. Those officers who do not successfully requalify shall not be permitted to carry a firearm.

§ 48-21 Issuance of regulations and standard operating procedures.

The Chief of Police shall be authorized to issue standard operating procedures and special orders and regulations not inconsistent with the rules and regulations as contained in this chapter, where said orders or regulations involve daily departmental operations and entail the special knowledge and particularized expertise possessed by the Chief of Police.

§ 48-22 Oath of affirmation of allegiance.

Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all duties of his office, which oath or affirmation shall be filed with the Township Clerk.

§ 48-23 Removal and suspension.

Each regular police officer shall hold his office and continue employment during good behavior, efficiency and compliance with applicable residence requirements, and no person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, nonresidence, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter established for the Department or absence from duty without just cause for five days or more.

A member of the Department may be suspended, removed, fined or reduced from his office or employment for just cause only and upon due notice and service of written charges and a hearing.

§ 48-24 Outside activities.

[Amended 3-6-2012 by Ord. No. 2-2012]

Outside employment.

Full-time police officers shall not accept outside employment or engage in outside business activities without the prior approval of the Chief of Police and Township Manager. The application shall set forth pertinent information concerning the type of activity to be engaged in, the name and address of the prospective employer and the hours of such employment.

No application for permission to accept outside employment shall be approved if there is any reasonable probability that such outside employment will interfere with the employee's performance or compromise the employee's position with the Township through a conflict of interest or if such employment exceeds 20 hours per week.

Contracted employment.

Chief of Police authorized to furnish officers. The Chief of Police is hereby authorized to furnish, in his sole discretion, off-duty police officers to perform general safety and police services, revolving on a voluntary basis, to service private or quasi-public functions within the Township or a neighboring community thereof upon such party's advanced written request on forms provided by the Department, with the approval by the Chief of Police and upon such party's agreement to pay the charges therefor as hereinafter set forth and as provided in the requesting party's contract for police services with the Township.

Insurance coverage to be provided. The party requesting police service shall be responsible to provide adequate insurance coverage (corporate, homeowners, special event, etc.) to cover claims against or by the police officer or officers assigned by the Department. The Township coverage is to be considered secondary and supplementary to the requestor's coverage. A police officer so employed pursuant to this subsection shall be covered by the Township for workmen's compensation and disability pension, if necessary, for injuries or illness arising out of such employment.

Compensation for services. The party requesting the service of a member of the Police Department within the boundaries of the Township shall be charged and pay for such services at the nonnegotiable hourly rate of $80 per hour plus an administrative expense rate of $10 per hour. Parties that are supporting Byram Township paid projects, not-for-profit organizations, or the Byram Township Board of Education shall pay for such services at the nonnegotiable hour rate of $65 per hour plus an administrative expense rate of $10 per hour. Parties requesting the service of a member of the Police Department outside the boundaries of the Township shall be charged and pay for such services at the hourly rate of $80 per hour plus an administrative expense of $10 per hour. In the event that the requesting party's rate of pay is lower than the rate required herein, members of the Police Department may provide services at the lower rate of pay and the administrative rate shall be deducted from that amount. Each member of the Police Department rendering such services shall be compensated at said hourly rate regardless of rank in the Department. The total charge per hour shall be billed to the party requesting the service and shall include a per-hour administrative expense cost of $10 per hour. The administrative fee is assessed to cover administrative costs, employment taxes, social security contributions, insurance costs, vehicle costs and benefit cost. The billing should be vouchered and prepared by the Police Department and forwarded to the requesting party. Payment is to be made directly to the Chief Financial Officer of the Township within 10 days. Tipping and additional gratuities are hereby prohibited. A minimum voucher bill for two hours of police service will be charged in the event of cancellation within 24 hours of the requested and scheduled duty.

[Amended 6-5-2017 by Ord. No. 9-2017]

Disposition of funds. All moneys received by the Township Clerk shall be placed in a special account, and such special account shall be considered a dedication by rider to the budget pursuant to N.J.S.A. 40A:4-39 for the sole purpose stated herein. The Chief Financial Officer is hereby authorized to transfer from said special account to the payroll account to the members of the Police Department performing the duty, where practical, within the payroll period following receipt of payment from the party requesting the service.

Time not to be computed as regular hours. The time spent by any member of the Police Department in said extra-duty employment for private or quasi-public functions shall not be computed as part of his regular employment hours or overtime, and the procedures set forth herein pertaining to the manner and method of fixing and collecting charges, together with the establishment of payroll procedures, including but not limited to withholding tax, Federal Insurance Contributions Act (FICA) and unemployment taxes, shall be subject to the rules and regulations promulgated by the New Jersey Division of Local Government Services by such procedures as may affect the same as established by the Internal Revenue Service.

§ 48-25 Political activities.

Voting privilege. Members are encouraged to exercise their voting privilege in all elections.

Participation limitation.

Police officers shall not run for the office of Mayor or Council member of the Township of Byram unless first granted a leave of absence from the Department by the Township Manager. Police officers shall not actively engage in political events that concern or involve the election of an individual to the office of Mayor or Council person of the Township of Byram.

Soliciting prohibited. Police officers or civilian employees shall not solicit money or other items of value from any person, committee or association for political purposes.

Political discussion. Police officers or civilian employees shall not discuss politics when the discharge of police duty is directly or indirectly concerned.

Duty at political meetings. Police officers on duty in or about a place used for political meetings shall not comment on the views expressed by the speakers.

Election to public office. The restriction against public expression of political views shall not apply to any police officer of the Police Department who is elected to any public office pursuant to N.J.S.A. 11A:6-14.

§ 48-26 Affiliation with outside organizations.

Affiliation with certain organizations prohibited. Police officers may not join any fire or auxiliary corps nor first-aid unit, nor shall they affiliate themselves with any organizations whose constitution embraces provisions which might in any way exact prior consideration and prevent the proper and efficient functioning of the Department, without permission from the Township Manager. This prohibition does not apply to "the active military or naval service of the United States or of this state, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service." See N.J.S.A. 38:23-4.

Standard-bearer. Police officers shall not act as standard-bearers of any organization.

Affiliation with radical groups. No police officer or civilian employee, except in the discharge of police duties, shall knowingly associate with or have any dealing with any person or organization which advocates or which is instrumental in fostering hatred or prejudice or oppression against any racial or religious group.

Subversive organizations. Police officers or civilian employees shall not knowingly become members or otherwise become connected with any subversive organization on the list of the United States Attorney General's Office, except when necessary in the performance of duty and then only under the direction of the Chief of Police.

Association with the criminal element. Except in the discharge of police duties, police officers shall not knowingly associate with or have any dealings with criminals, racketeers, gamblers or persons otherwise engaged in unlawful activities.

§ 48-27 Possession of obscene material.

Except in the discharge of police duty, police officers shall not possess any obscene materials.

§ 48-28 Testimonials.

Tendering of testimonials prohibited. Police officers shall not accept from any person, organization or group testimonials of any kind because of their employment with the Police Department or because of the performance of any police service, without permission from the Township Manager.

Testimonials for advertising prohibited. Police officers shall not give testimonials nor permit their names or photographs in uniform to be used for advertising purposes, without permission from the Township Manager.

Name for promotional enterprise. Police officers shall not allow the use of their names at any fair, festival or exhibition for the purpose of selling tickets or for setting up or promoting a raffle or gift enterprise, without permission from the Township Manager.

Misuse of official position. Police officers shall not use their official position to solicit special privileges for themselves or others.

§ 48-29 Legal responsibility.

Expert testimony. Police officers of the Department shall not give expert testimony against the interests of the Township in any litigation to which the Township is a party.

Legal action against the Township. Police officers legally subpoenaed to testify in an action against the interests of the Township shall notify their commanding officers forthwith relating their status in the case.

Expert testimony in criminal cases. Police officers shall not give expert testimony for defendants in criminal cases without permission from the Chief of Police.

Subpoena by defense in criminal case or as witness in civil case. Police officers who are subpoenaed as witnesses for the defense in criminal cases, or as witnesses in civil cases in which the Township is a defendant, shall so advise their commanding officers immediately. Commanding officers shall then notify the Prosecutor's Office and Township Attorney by way of official channels through the Chief of Police.

Subpoenaed during tour of duty. When subpoenaed or summoned to appear in any proceeding during his working tour of duty, a police officer shall immediately notify his command in writing so that his commanding officer may take appropriate action to cover his detail, assignment or other responsibility.

Subpoena and summons. Whenever Department members are summoned or subpoenaed to appear before a legally constituted investigative body with subpoena powers; a judicial tribunal with subpoena powers or comparable agency or a legally constituted hearing board for the purpose of inquiring into the activities or operations of individual police officers or of the Department itself, the members shall appear before, cooperate with and render every aid and assistance to such body, tribunal or agency and, prior to such appearance, notify their commanding officer submitting a duplicate report, the original of which shall be forwarded through channels to the office of the Township Manager.

Request to appear. The law requires police officers to appear in response to a summons or subpoena. A request to appear before a legally constituted governmental body, whether the requesting agency has subpoena power or not, shall be complied with, provided that the police officer first obtains permission from the Chief of Police. He then shall proceed to give testimony in accord with the rules and regulations guiding his conduct in giving such testimony.

Request to appear on short notice. When a police officer receives a request on short notice and there is insufficient time for him to submit a report, then he shall notify his commanding officer immediately by whatever means possible.

Application for warrant for assault on police officers. A police officer may not apply for a warrant for any assault upon himself without first reporting the case through his commanding officer to the Chief of Police. In no such case shall the aggrieved police officer be permitted to serve such warrant.

Police action in civil matters. Police officers shall not become personally involved in the civil matters of other persons or in the actions and disputes of other persons, unless so as to prevent a breach of the peace. Police officers shall not attempt to adjudicate civil disputes or to give legal advice in civil matters except as required by law.

Breach of the peace. Police officers shall act to prevent breach of the peace or disturbance which may grow or has grown out of a civil dispute.

Service of civil process. Police officers shall not serve civil process, other than that initiated by the Township.

Civil action for compensation. Police officers planning to institute civil action for compensation arising out of damages, or out of injuries sustained while engaged in police duty prior to initiating proceedings, shall submit a formal report to the Chief of Police with the complete facts concerning the incident, a copy of which will be forwarded to the Township Attorney.

Personal injury or property damage compensation. Police officers shall not accept or agree to accept anything as payment for personal injury or property damage incurred in the line of duty without first notifying the Chief of Police.

§ 48-30 Disciplinary action.

Disciplinary action. Department members, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for violating their oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or municipal ordinances; or for failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment; or for misconduct in office; or for violation of any general order or rule of the Department; or for failure to obey any lawful instruction, order or command of a superior officer. Disciplinary action in all cases will be decided on the merits of each case and in conformity with controlling state law.

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 prohibits charging or disciplining members or employees 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.

§ 48-31 Penalties.

The following penalties may be assessed against any member or employee of the Department as disciplinary action:

Oral reprimand.

Written reprimand.

Voluntary surrender of time off in lieu of a fine.

Voluntary surrender of accumulated overtime in lieu of a fine.

Suspension.

Demotion.

Removal from the service.

§ 48-32 Authority to discipline.

Except as otherwise provided in the Department of Personnel Law and N.J.S.A. 40A:14-147 to 40A:14-151 inclusive and municipal ordinances, the Department disciplinary authority and responsibility rests with the Chief of Police. With the exception of oral reprimands and emergency suspensions, Department discipline must be taken or approved by the Chief of Police.

Other supervisory personnel may take the following disciplinary measures:

Oral reprimand.

Written reprimand (subject to approval by the Chief of Police).

Emergency suspension until the next business day.

Written recommendations for other penalties.

Emergency suspension. A member shall not be suspended or suffer any loss in benefits until after the member 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 member 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 Township Manager.

Emergency interdivisional disciplinary action. When the improper conduct of a member or employee of one unit is of such a nature that immediate or emergency disciplinary action is required of a command or supervisory officer of another unit, such action may be taken at once within the following limitations:

Oral reprimand.

Emergency suspension until the next business day.

Interdivisional oral reprimand. When the command or supervisory officer of one unit orally reprimands a member or employee of another unit, he shall notify the supervisor of the member so disciplined as soon as possible. He shall also submit a written report of this action and reason therefor to his commanding officer and also to the commanding officer of the member or employee.

Follow-up emergency suspensions. A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day at 9:00 a.m. unless otherwise directed by competent authority. The command or supervisory officer imposing the suspension shall also report to the Chief of Police at the same time.

Reports of disciplinary action taken or recommended. Whenever disciplinary action is taken or recommended (except for oral reprimand), a written report must be submitted immediately, in triplicate, containing the following information:

The name, rank, badge number and present assignment of the person being disciplined.

The date and time of the misconduct and location.

The section number of the violated rule and common name of the infraction.

A complete statement of facts of this misconduct.

The punishment imposed or recommended.

The written signature, badge number and rank of the preparing officer and his position in relation to the member being disciplined.

Distribution of reports of disciplinary action. Reports shall be distributed as follows by the officer imposing or recommending the disciplinary action:

Original to the Chief of Police.

Duplicate to member's commanding officer.

Triplicate retained by officer imposing or recommending discipline.

Endorsement and forwarding of disciplinary reports. Each level in the chain of command must endorse and forward reports bearing on disciplinary matters. Such endorsement may be one of approval, disapproval or modification. No member or employee shall alter or cause to be altered or withdraw any disciplinary report. Disciplinary reports in transit through the chain of command shall not be delayed but must be reviewed, endorsed and forwarded as soon as possible. Disciplinary reports shall be filed in accordance with current Department directives.

Informing the person being disciplined. The member or employee being disciplined shall be informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147. The Department also shall inform the Department of Personnel of the charges against the member or employee, in writing.

Appeals from penalties. Appeals from penalties imposed as disciplinary measures may be taken as provided in the Department of Personnel Law, and N.J.S.A. 40A:14-147 to 40A:14-151 inclusive and this chapter.

Misconduct observed by police personnel. Whenever any command or supervisory officer observes or is informed of the misconduct to another member or 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 his actions to his commanding officer.

§ 48-33 Citizen complaints against police personnel.

Citizens' complaints against member or employees. A citizen who has a complaint expects action. All complaints shall be accepted in a courteous understanding and professional manner. The following is a guide that will assure the exchange of pertinent information:

In-person contacts.

If a citizen contacts the Police Department to make a complaint, the duty officer will provide the citizen with a citizen's complaint form (P.D. No. 000.) The duty officer will then explain the method for completing the form after providing the complainant with a black ink pen so that the form can later be photocopied with clarity.

Following the completion of the complaint form by the citizen, the duty officer shall prepare a cover report for his commanding officer, detailing the time and date the citizen contacted the Police Department and the subject employee's place of assignment and his/her immediate supervisor, if information is available.

In the event that the complaint is of a serious nature, and the complainant fails to come forth, sufficient details shall be taken over the telephone by the duty officer to initiate a miscellaneous report to his commanding officer.

Note. The seriousness of the complaint shall be determined by the duty officer in accordance with the following guidelines: Most on-duty incidents involving force, harassment, unprofessional conduct, etc., and most off-duty incidents involving neighborhood disputes, marital problems, etc., will be handled by the duty officer by forwarding a miscellaneous report to his commanding officer. On-duty incidents involving gross excessive force resulting in serious injury, acts of willful perjury, criminal acts, etc., and off-duty incidents of a criminal nature such as wife beating, child molesting, theft, etc., will be handled with the duty officer notifying his commanding officer in writing. In his absence, the tour commander will be notified. Additionally, the duty officer will write all complaints received from other governmental agencies, public officials, judges, etc. In any case, when a citizen indicates that he or she is physically unable or lacks the minimum writing skill to complete the citizen's complaint form and/or sign it, or should he or she wish to remain anonymous, the duty officer contacted shall note such refusal or anonymity on a miscellaneous report and submit it to his commanding officer. Citizens who are unable to speak and/or write in the English language should be encouraged to submit the complaint form in their native language. The duty officer shall designate on the form the language in question.

The complaints will be issued a sequential four-digit number, preceded by the year, i.e., 88-0001, which shall be recorded in a bound, sequentially numbered book maintained by the bureau commander.

Pursuants. Complaints forwarded to this Department from the Prosecutor's Office, Federal Bureau of Investigation, State and Federal Attorney General's Offices, Sheriff's Office, etc., will be investigated immediately by a commander or his designee by order of the Chief of Police. When the information is received by a commander, a memo will be sent to the Chief informing him of the initiation of the investigation. The investigator shall pursue the investigation as rapidly as possible.

Investigative procedures. Investigations will be conducted pursuant to and in accordance with present Department directives.

§ 48-34 Disciplinary code.

Interpretation.

The offenses herein shall guide the Chief of Police in administering fair and uniform penalties for violations of Police Department rules of conduct.

Penalties for offenses listed shall in no way limit any penalty which the Chief of Police may impose.

Offenses not included in the following list shall result in penalties similar to those specified for similar offenses of comparable seriousness.

Repeated violations of the rules of conduct shall be indicative of a member's disregard of the obligations of all members and shall be cause for dismissal. This shall apply regardless of the severity of the offenses, regardless of any reckoning period and regardless of whether these violations are of the same type.

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 causes.

Causes for removal. Any one of the following shall be cause for removal from the service, although removals may be made for sufficient causes other than those listed:

Neglect of duty.

Incompetency or inefficiency.

Incapacity due to mental or physical disability.

Insubordination or serious breach of discipline.

Intoxication while on duty.

Chronic or excessive absenteeism.

Disorderly or immoral conduct.

Willful violation of any of the provisions of the Department of Personnel Service statutes, rules or regulations or other statutes relative to the employment of 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.

Other offenses.

Rule	Charge	1st Offense	2nd Offense	3rd Offense
D(1)	Accepting bribes or gratuities for permitting illegal acts	Dismissal
D(2)	Failure to report, in writing, offers of bribes or gratuities to permit illegal acts	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(3)	Involved in a crime of moral turpitude that negatively affects the operation of the Department	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(4)	Knowingly and willfully making a false entry in any Departmental report or record	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(5)	Idle conversation with known illegal gamblers while on or off duty	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(6)	Association with known illegal gamblers while on or off duty	Reprimand to 10 days	Reprimand to 30 days	Reprimand to dismissal
D(7)	Associating, fraternizing or business transactions at anytime, or in any manner whatsoever, with known criminals or persons engaged in unlawful activities	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(8)	Participating in illegal games of chance or illegal gambling while on duty	Reprimand to 10 days	Reprimand to 30 days	Dismissal
D(9)	Fighting or quarreling with members of the Department as prescribed in this chapter	Reprimand to 30 days	Reprimand to dismissal
D(10)	Soliciting for attorneys, bondsmen or other business persons or firms	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(11)	Using rude or insulting language or conduct offensive to the public or a member of the governing body	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(12)	Publicly criticizing the official action of a superior officer	Reprimand to 4 days	Reprimand to 10 days	Reprimand to 20 days
D(13)	Odor of alcoholic beverage on breath while on duty	Reprimand to 9 days	Reprimand to 20 days	Reprimand to 30 days
D(14)	Failure to recognize and satisfy any just debts which negatively affect the Department	Reprimand to 4 days	Reprimand to 10 days	Reprimand to 20 days
D(15)	Repeated violations of departmental rules and regulations or any other course of conduct indicating that a member has little or no regard for his responsibility as a member of the Police Department	Dismissal	Dismissal	Dismissal
D(16)	Conduct subversive of good order and the discipline of the Department	Reprimand to 10 days	Reprimand to 30 days	Dismissal
D(17)	Intoxication on duty	Reprimand	Dismissal to dismissal
D(18)	Intoxication off duty, in uniform	Reprimand to dismissal	Reprimand to dismissal	Dismissal (2 years)
D(19)	Intoxication off duty, not in uniform, which negatively affects the Department	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 30 days
D(20)	Intoxication off duty, in part of uniform	Reprimand to 10 days	Reprimand to 20 days	Reprimand to 30 days
D(21)	Intoxication off duty, not in uniform and arrested	Reprimand to 20 days	Reprimand to dismissal	Dismissal
D(22)	Refuse to obey proper orders from a superior	Reprimand to 15 days	Reprimand to dismissal	Dismissal
D(23)	Using profane or insulting language to a superior officer	Reprimand to 10 days	Reprimand to 30 days	Reprimand to dismissal
D(24)	Failure to take police action when necessary, at anytime, in or out of uniform, and/or failure to make a written report of the same to commanding officer	Reprimand to 10 days	Reprimand to 20 days	Reprimand to 30 days
D(25)	Asleep on duty	Reprimand to 10 days	Reprimand to 20 days	Reprimand to 30 days
D(26)	Absence without leave for fewer than 5 consecutive working days	Reprimand to dismissal	Reprimand to dismissal	Dismissal
D(27)	Failure to properly supervise subordinates: or to prefer disciplinary charges; or to take other appropriate disciplinary action	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(28)	Failure to comply with the Chief's orders, directives, regulations, etc. oral and written, and also those of superiors and supervisors	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(29)	Failure to conduct proper, thorough and complete investigations	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(30)	Failure to report as a witness when duly notified or subpoenaed	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(31)	Allowing a prisoner to escape through carelessness or neglect	Reprimand to 30 days	Reprimand to dismissal	Dismissal
D(32)	Failure to thoroughly search for, collect, preserve and identify evidence or persons' property and locations in any arrest or investigation	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(33)	Failure to remove key from patrol car when unattended	Reprimand to 4 days	Reprimand to 10 days	Reprimand to 20 days
D(34)	If stolen due to above	Reprimand to 20 days	Reprimand to 30 days	Reprimand to dismissal
D(35)	Failure to properly care for assigned eQuipment and vehicles, damaging the same due to neglect	Reprimand to 30 days	Reprimand to 60 days	Reprimand to 90 days
D(36)	Failure to take appropriate action concerning illegal activity, including vice conditions, and/or to make a written report of the same to commanding officer	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(37)	Neglect of duty	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(38)	Soliciting money or other valuable things without proper authorization	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(39)	Instituting civil action arising from police duty, without notifying the Chief of Police	Reprimand to 4 days	Reprimand to 10 days	Reprimand to 20 days
D(40)	Giving a verbal or written report of any incident without approval of the commanding officer	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(41)	Being found in any alcoholic beverage licensed establishment in full uniform, while not in performance of police duty	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 30 days
D(42)	Possession of alcoholic beverages on the person in a police vehicle or on any police property, not duty-required	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 30 days
D(43)	Failure to be home without legitimate reason after reporting sick	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 30 days
D(44)	Failure to obtain any required medical treatment or certificate while on sick leave	Reprimand to 5 days	Reprimand to 15 days	Reprimand to 30 days
D(45)	Failure to follow Department procedures for the handling of evidence, personal effects and all other property taken into custody	Reprimand to 30 days	Reprimand to 60 days	Reprimand to dismissal
D(46)	Improper use, handling or display of firearms	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal
D(47)	Failure to submit a properly written, required report within a reasonable prescribed period of time as per regulations	Reprimand to 10 days	Reprimand to 20 days	Reprimand to 30 days
D(48)	Having or operating a private auto on beat or on duty or driving to or from beat or post without authorization	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(49)	Failure to carry badge, firearm and other required equipment when on duty	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(50)	Unexcused tardiness	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(51)	Changing residence or telephone number without giving prompt and proper notification	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(52)	Unauthorized persons in radio car	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(53)	Untidy appearance and dress while in uniform	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(54)	Not in full prescribed uniform	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(55)	Failure to salute, when in uniform, the Chief of Police or a uniformed superior officer	Reprimand to 5 days	Reprimand to 5 days	Reprimand to 5 days
D(56)	Communicating or imparting confidential police information either in writing or verbally to unauthorized persons	Reprimand to dismissal	Dismissal
D(57)	Failure to give prescribed identification when answering the telephone	Reprimand to 4 days	Reprimand to 10 days	Reprimand to 20 days
D(58)	Refusal to give name and badge number when properly requested	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(59)	Reading newspaper, books or periodicals while in view of public where it would represent an affront to the same	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(60)	No one shall, prior to written approval of the Chief of Police or his representative designated for that purpose, appear, to give testimony as a character witness for any defendant in a criminal trial or inquiry	Reprimand to 15 days	Reprimand to 30 days	Dismissal
D(61)	Willfully damaging Police Department property and/or equipment	Reprimand to dismissal	Dismissal
D(62)	Interference with police radio broadcasting and tampering with police radio	Reprimand to dismissal	Dismissal
D(63)	Removing official documents from the Department without permission	Reprimand to dismissal	Dismissal
D(64)	Unauthorized press releases and statements	Reprimand to 5 days	Reprimand to 10 days	Reprimand to 20 days
D(65)	Failure of members and employees to remain at their assignments and on duty until properly relieved by other members or employees or until dismissed by competent authority	Reprimand to 30 days	Reprimand to 60 days	Reprimand to dismissal
D(66)	Failure to properly patrol post or zone; unauthorized absence from assignment; failure to respond to radio calls; idle conversation or loafing	Reprimand to 30 days	Reprimand to 60 days	Reprimand to dismissal
D(67)	Failure to possess and maintain a current and valid New Jersey State vehicle operator's license	Reprimand to dismissal	Reprimand to dismissal	Reprimand to dismissal

§ 48-35 Department disciplinary hearings.

Whenever an internal investigation establishes probable cause that a member is guilty of violating a departmental rule or regulation, the penalty for which is to be permanently reflected on the member's personnel record, a preliminary notice of disciplinary action form shall be prepared by the proper authority and personally served upon the respective member.

The preliminary notice of disciplinary action form shall contain:

The bureau and department instituting the action.

The name, address and title of the member against whom the action is being instituted.

The charges (rules and regulations) allegedly violated.

Specification of the alleged facts upon which the charges are based.

Notification as to whether the member is suspended pending the determination of the hearing.

The time, date and place at which the hearing is scheduled to be held.

The penalties to which the member is being exposed as a result of the alleged charges.

The signature of the respective bureau commander and his official title.

The disciplinary hearing shall be scheduled during the business day, but no sooner than 10 days nor later than 30 days after said notice is personally served upon said member, subject of course to the granting or reasonable requests for postponements by said member.

The term "personal service" means actual service upon the member as well as actual service upon any member of the member's family over 18 years of age residing in the residence of said member.

Disciplinary hearings shall be public in nature; however, within the bounds of reasonableness and good order.

Every member 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.

The Chief of Police may prosecute the complaint himself or delegate the duty to any member of the Department.

In order that all parties may be afforded a fair and equal opportunity to be heard and that the Chief of Police may be completely informed in the matter and able to render a proper determination based on all the facts and applicable laws and rules, all hearings shall be conducted in an informal manner, without reference to any formal rules or procedure.

The hearing officer may, at his discretion, clear the hearing room of all persons, including 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 a party to the hearing, the hearing officer may exclude all persons not having a direct interest in the matter being heard.

The hearing officer shall admit all testimony having reasonable, probative value, but shall exclude immaterial, irrelevant or unduly cumulative testimony.

He shall give effect to the rules of privilege as provided by law, but no person shall be excused from testifying or presenting evidence on the ground of possible self-incrimination.

The member is presumed innocent, and the burden of proof is upon the commander or superior to prove the member's guilt by a preponderance of the credible evidence presented during said hearing. All hearings may, in the discretion of the respective hearing officer, be recorded by:

A certified shorthand report.

Stenographers, duly sworn to make an accurate stenographic recording of the proceeding.

A sound-recording device to be operated under the supervision and direction of the hearing officer.

After considering all the evidence in support and in defense of the particular charge of misconduct, the hearing officer shall consider the same and render his verdict as soon as practical thereafter.

Although the verdict may be verbal at the time of the hearing, the determination must be reflected upon a final notice of disciplinary action which must be personally served upon the respective member as soon as practical after the termination of said disciplinary hearing.

Although the verdict shall be rendered in the manner referred to above, where the sentence or penalty is in excess of five days' suspension without pay, or its monetary equivalent, said sentence or penalty shall not be imposed or carried out until the time for filing of an appeal, as provided in § 48-36, has elapsed.

§ 48-36 Appeal procedures.

Appeal to the Department of Personnel.

Any member who should be suspended, fined or demoted more than three times in any one year or more than five days at any one time, or its monetary equivalent, or for a period of more than 15 days in the aggregate in any one calendar year shall have a right of appeal to the Department of Personnel.

The Department of Personnel shall have the power to revoke or modify the action of the appointing authority, except that removal from service shall not be substituted for a lesser penalty.

A petition or request to the Department of Personnel for a hearing or other relief must be received by the Department of Personnel within 20 days after the date of receipt of the notice by the petitioner and must be in the form and manner prescribed by the Department of Personnel through Title 4, New Jersey Administrative Code, Department of the Department of Personnel.

§ 48-37 Member's rights during departmental investigations and disciplinary hearing.

Each member is entitled to a hearing before the Chief of Police or his designee for any charge which shall become a permanent record in the member's personnel file.

Other than the official findings and attendant penalties, every internal investigation and subsequent departmental hearing shall be considered privileged and confidential information, and the same shall not be made public and/or released to any nongovernmental agency.

No member shall be found guilty of violating a Department rule or regulation unless the hearing officer finds that a preponderance of credible evidence substantiates the specific charges of the particular case.

Although every member 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 supervising or commanding officer, said duty only applies to questions and investigation which directly relate to one's official duties or directly bear on one's fitness for continued employment.

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 the same must not violate the basic concepts and substantive due process of law.

All questions and investigative efforts must be limited to the investigations of matters in which the Department has a legitimate interest Accordingly, questions must be specifically, directly and narrowly related to the performance of the member's official duties.

Although the cooperation of a member is demanded under threat of disciplinary action, including job forfeiture, said member shall not be questioned or subjected to investigative efforts under circumstances which would render such statements void as being coerced. Prolonged interrogation, threats of force, hostility or over aggressiveness by interrogators shall render any statement or member's response void for all purposes.

Exclusive of normal reporting duties incidental to the performance of official duties, no members shall be expected to answer questions or submit to other forms of investigative efforts until he is advised of the following;

Whether he is being questioned or required to submit to investigative efforts as a suspect or witness.

The identity of his interrogator as well as the identity of all persons present at the time of the interrogation.

The nature of the investigation and facts sufficient to apprise the member of the existing allegations.

All questioning or other investigative efforts shall be completed with reasonable dispatch, and, where practical, said member should be made as comfortable as possible so as not to offend the concepts of procedural and substantive due process of law.

Under circumstances where the alleged violation of Department rules and regulations involves or could possibly involve criminal prosecution, the member shall be advised of his constitutional right against self-incrimination (Miranda warning) which he may invoke with respect to possible criminal prosecutions. However, he must respond with respect to the administrative subject matter of the inquiry.

All evidence obtained as a result thereof accordingly could not be used in a subsequent criminal prosecution, but would be admissible during a departmental disciplinary hearing.

No question or other investigative effort shall be initiated arbitrarily for personal or other reasons that are unrelated to the maintenance of departmental efficiency or integrity.

All questioning and investigative efforts shall be limited in scope to activities, circumstances and events which pertain to a member's conduct which may form the basis for disciplinary action under one or both of the following two categories:

Commission of a crime or quasi-criminal offense of misconduct that would be grounds for removal.

Not being qualified for continued employment with the Department.

No suspension without pay (in excess of six months) shall be imposed as a disciplinary penalty.

A formal charge must be filed against a member within a reasonable time after which the existence of the alleged or suspected misconduct is made known, or should have been known, to the Department of Police.

Although a member is not entitled to legal counsel or organizational representation during the investigative stages of an internal investigation, every member has a right to legal counsel and/or organizational representation during a disciplinary hearing before a hearing officer.

At no time during an internal investigation shall any member 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 shall be construed to prohibit the investigating officer from informing the member that his conduct can become the subject of disciplinary action resulting in disciplinary punishment.

No member shall be ordered or asked to submit to a polygraph (lie detector) test for any reason. Such test may be given, however, if requested by the member.

A member 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 member.

As a general rule, when a member is charged with the violation of a departmental rule or regulation, said member shall continue to perform the assigned duties of his position until such a time as the judicial determination duly rendered pursuant to a departmental hearing necessitates a discontinuance of the same. However, where the nature of the member'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 of such duties, said member shall be temporarily reassigned to another, less sensitive position within the Department, pending the departmental hearing referred to above.

Notwithstanding any of the above-mentioned general policies, whenever it proves physically impossible to reassign said member 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 the suspension from duty pending a departmental hearing. In such a case, the member may continue on salary, at the discretion of the appointing authority as per the provisions of Chapter 270, Laws of New Jersey 1973, specifically dealing with such situations.[1]