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Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
Charges may be preferred against any member of the Department by any officer of the Department or by any private citizen for the violation of any provision of this chapter or of the rules and regulations.
Charges shall be prepared, filed and served and the date fixed for trial in accordance with law. In addition to the procedure provided by law, the accused shall be notified in writing at the time of service upon him or her of a copy of the charge or charges, of his or her right to obtain counsel and to have witnesses appear on his or her behalf at the trial.
Subpoenas for any witnesses for either the Department or the accused may be issued as provided by law. Subpoenas shall be served by a uniformed member of the Department, preferably an officer.
The trial shall be conducted by and before the Township Manager or designee. It shall be conducted in public unless public trial is waived by the accused. At the trial, the Township Manager shall first read the charge or charges and shall ask for and record the plea of the accused to each charge. All witnesses shall be sworn before testifying. A record shall be kept of the names and addresses of all witnesses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The decision or sentence of the Township Manager or designee after trial shall be rendered in writing, in triplicate. One copy shall be delivered to the accused.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Pending trial on charges, the Chief may suspend the accused member. He or she shall not be restored to duty pending trial except by order of the Township Manager.