[Adopted 5-27-2003 by Ord. No. 03-21]
Editor's Note: This ordinance also repealed former Art. II,
Rules and Regulations, adopted 4-22-1986 by Ord. No. 86-10.
A.
Rules and regulations established. The appropriate authority of the
Borough of Paramus hereby adopts and promulgates the Department rules
and regulations, known as the "Paramus Police Department Rules and
Regulations" and after this called the "rules."
B.
Right to amend or revoke. In accordance with N.J.S.A. 40A:14-118,
the right is reserved by the appropriate authority to amend or to
revoke any of the rules contained herein.
C.
Previous rules, policies and procedures. All rules previously issued,
and policies and procedures that are contrary to the rules contained
herein are hereby revoked to the extent of any inconsistency. All
other policies and procedures shall remain in force.
D.
Application. These rules are applicable to all police officers of
the Department and to all civilian employees of the Department where
appropriate.
E.
Distribution. One copy of these rules shall be distributed to each
employee of the Department.
F.
Responsibility for maintenance. It is the continuing responsibility
of each employee to maintain a current copy of the rules, including
all additions, revisions and amendments as issued.
G.
Familiarization. Employees shall thoroughly familiarize themselves
with the provisions of the rules. Ignorance of any provision of these
rules will not be a defense to a charge of a violation of these rules.
It is the continuing responsibility of each employee to seek clarification
through the chain of command for any rule that is not fully understood.
As used in this article, the following terms shall have the
meanings indicated:
The right to issue orders, give commands, enforce obedience,
initiate action and make necessary decisions commensurate with rank
or assignment as provided for in the Department rules, policies and
procedures. Authority may be delegated by those so designated. Acts
performed without proper authority or authorization shall be considered
to be in violation of the rules.
Vertical lines of communication, authority and responsibility
within the organizational structure of the Department.
Those days determined by the appropriate supervisor on which
a given employee is excused from duty.
A document detailing the performance of a specific activity
or method of operation. "Directive" includes:
GENERAL ORDERBroadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the Department.
SPECIAL ORDERA directive dealing with a specific circumstance or event that is usually self-canceling.
PERSONNEL ORDERA directive initiating and announcing a change in the assignment, rank or status of personnel.
All employees of the Department, whether sworn regular or
special police officers or civilian employees.
The action indicated is permitted.
Any written or oral directive issued by a supervisor to any
subordinate or group of subordinates in the course of duty.
A statement of Department principles that provides the basis
for the development of procedures and directives.
A written statement providing specific direction for performing
Department activities. Procedures are implemented through policies
and directives.
The action required is mandatory.
Employee assigned to a position requiring the exercise of
immediate supervision over the activities of other employees.
Police officers shall:
A.
Take appropriate action to:
(1)
Protect life and property;
(2)
Preserve the peace;
(3)
Prevent crime;
(4)
Detect and arrest violators of the law;
(5)
Enforce all federal, state, and local laws and ordinances coming
within Department jurisdiction;
(6)
Safely and expeditiously regulate traffic;
(7)
Aid citizens in matters within police jurisdiction;
(8)
Take appropriate police action in aiding fellow officers as needed;
(9)
Provide miscellaneous services.
B.
Support and defend individual protections, rights and privileges
guaranteed by the Constitutions of the United States and New Jersey.
C.
Exercise authority consistent with the obligations imposed by the
oath of office and in conformance with the policies of the Department.
D.
Abide by all rules, regulations and Departmental procedures and directives
governing police officer employees.
E.
Be accountable and responsible to their supervisors for obeying all
lawful orders.
F.
Coordinate their efforts with other employees of the Department to
achieve Department objectives.
G.
Conduct themselves in accordance with high ethical standards, on
and off duty.
H.
Strive to improve their skills and techniques through study and training.
I.
Familiarize themselves with the area of authority and responsibility
for the current assignment.
J.
Perform their duties promptly, impartially, faithfully and diligently.
K.
Perform all related work as required.
Supervisors in the Department shall:
A.
Enforce Department rules and insure compliance with Department policies
and procedures.
B.
Exercise proper use of their command within the limits of their authority
to assure efficient performance by their subordinates.
C.
Exercise necessary control over their subordinates to accomplish
the objectives of the Department.
D.
Guide and train subordinates to gain effectiveness in performing
their duties.
E.
Use Department disciplinary procedures when necessary.
F.
When using discipline, comply strictly with the provisions of the
Department disciplinary process.
Pursuant to N.J.S.A. 40A:14-118 and municipal ordinance, the
Chief of Police shall be the head of the Police Department and shall
be directly responsible to the appropriate authority for the efficiency
and day-to-day operations of the Department. Pursuant to policies
established by the appropriate authority, the Chief of Police shall:
A.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its members and officers;
B.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
C.
Prescribe the duties and assignments of all members and officers;
D.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the direction
and control of the Chief; and
E.
Report at least monthly to the appropriate authority in such form
as shall be prescribed on the operation of the Police Department during
the preceding month and make such other reports as may be requested
by the appropriate authority.
The responsibilities of the Chief of Police are as follows:
A.
To establish and maintain the efficient operation of the Department.
B.
To organize, control and maintain all property and resources of the
Department.
C.
To develop the written organizational structure of the Department,
including chain of command and duty assignments.
D.
To develop and implement policies and procedures necessary to govern
and direct the day-to-day operations of the Police Department.
E.
To provide for the proper training of all Department employees.
F.
To provide for periodic inspections of all police operations to insure
compliance with Department rules, policies, and procedures.
G.
To maintain the overall discipline of the Department.
H.
To maintain a constructive relationship with the public, community
organizations, the media and other law enforcement agencies.
I.
To prepare and submit the annual budget and proposed expenditure
programs to the appropriate authority or other designated officials.
J.
To allocate funds within the budget which are appropriated by the
governing body.
K.
To provide for performance evaluations of all Department employees.
Civilian employees shall:
A.
Take appropriate action to perform the duties of their positions
promptly, faithfully and diligently.
B.
Exercise authority consistent with the obligations imposed by their
position and in conformance with the policies of the Department.
C.
Be accountable and responsible to their supervisors for obeying all
lawful orders.
D.
Coordinate their efforts with other employees of the Department to
achieve Department objectives.
E.
Conduct themselves in accordance with high ethical standards, on
and off duty.
F.
Strive to improve their skills and techniques through study and training.
G.
Familiarize themselves with the area of authority and responsibility
for the current assignment.
H.
Abide by all rules, regulations and Departmental procedures and directives
governing civilian employees.
I.
Perform all related work as required.
A.
General conduct.
(1)
Performance of duty. All employees shall promptly perform their duties
as required or directed by law, Department rule, policy or directive,
on by lawful order of a superior officer.
(2)
Action off duty. While off duty, police officers shall take appropriate
action as needed in any police matter that comes to their attention
within their jurisdiction as authorized by New Jersey law and Department
policy.
(3)
Obedience to laws and rules. Employees shall obey all laws, ordinances,
rules, policies, procedures and directives of the Department.
(4)
Withholding information. Employees shall report any information concerning
suspected criminal activity of others.
(5)
Reporting violations of laws and rules. Employees knowing of other
employees violating laws, ordinances, or rules of the Department shall
report same in writing to the Chief of Police through official channels.
If the employee believes the information is of such gravity that it
must be brought to the immediate, personal attention of the Chief
of Police, official channels may be bypassed.
(7)
Conduct toward other department employees. Employees shall treat
other Department employees with respect. They shall be courteous and
civil at all times in their relationships with one another. When on
duty and in the presence of the public, officers should be referred
to by rank.
(8)
Compromising criminal cases. Employees shall not interfere with the
proper administration of criminal justice.
(9)
Recommending attorney and bail bond brokers prohibited. Employees
shall not suggest, recommend, or advise the retention of any attorney
or bail bond broker to any person as a result of police business.
(10)
Posting bail. Employees shall not post bail for any person in
custody, except relatives.
(11)
Use of force. Employees shall follow Department policy and procedure
on the use of force.
(12)
Fitness for duty. Police officers shall maintain sufficient
physical and psychological condition in order to handle the variety
of activities required of a law enforcement officer.
(13)
Driver's license. Employees operating Department motor vehicles
shall possess a valid New Jersey driver's license. Whenever a driver's
license is revoked, suspended, or lost, the employee shall immediately
notify the appropriate supervisor, giving full particulars.
(14)
Address and telephone numbers. Employees are required to have
a telephone in the place where they reside. Changes in address or
telephone number shall be reported in writing to the appropriate supervisor
within 24 hours of the change.
B.
Orders.
(1)
Issuing orders.
(a)
Manner of issuing orders. Orders from a supervisor to a subordinate
shall be in clear and understandable language.
(b)
Unlawful orders. No supervisor shall knowingly issue any order
which is in violation of any law or ordinance.
(c)
Improper orders. No supervisor shall knowingly issue any order
which is in violation of any Department rule, policy, or procedure.
(2)
Receiving orders.
(a)
Questions regarding orders. Employees in doubt as to the nature
or detail of an order shall seek clarification from their supervisors
through the chain of command.
(b)
Obedience to unlawful orders. Employees are not required to
obey any order which is contrary to any law or ordinance. Responsibility
for refusal to obey rests with the employee, who will be required
to justify the refusal to obey.
(c)
Obedience to improper orders. Employees who are given any order
which is contrary to Department rule, policy, or procedure must first
obey the order to the best of their ability, and then report the improper
order as provided.
(d)
Conflicting orders. Upon receipt of an order conflicting with
any previous order, the employee affected will advise the person issuing
the second order of this fact. Responsibility for countermanding the
original order rests with the individual issuing the second order.
If so directed, the latter order shall be obeyed first. Orders will
be countermanded, or conflicting orders will be issued, only when
reasonably necessary for the good of the Department.
(e)
Reports of unlawful or improper orders. A employee receiving
an unlawful or improper order shall, at first opportunity, report
in writing to the next highest ranking supervisor above the supervisor
who issued the unlawful or improper order. Action regarding such a
report shall be conducted by the Chief of Police.
(f)
Criticism of official acts or orders. Employees shall not criticize
the actions or orders of any Department employee in a manner which
is defamatory, obscene, or which tends to impair the efficient operation
of the Department.
A.
Release of information. Employees shall not release any information
nor reveal any confidential business of the Department to the public
or the press except as provided in Department policy and procedure.
B.
Department records. Contents of any record or report filed within
the Department shall not be exhibited or divulged to any person other
than a duly authorized police officer, except with the approval of
the appropriate supervisor, or under due process of law, or as permitted
under Department policy and procedures.
C.
Reports. No employee shall knowingly falsify any official report
or enter or cause to be entered any inaccurate, false, or improper
information on records of the Department.
A.
Soliciting or accepting benefits. Employees shall not directly or
indirectly solicit, accept or agree to accept any benefit not allowed
by law to influence the performance of their official duties.
B.
Rewards. Employees shall not accept any gift, gratuity, or reward
in money or other compensation for services rendered in the line of
duty, except that which may be authorized by law and Department policy.
C.
Disposition of unauthorized gifts and gratuities. Any unauthorized
gift, gratuity, loan, fee, reward, or other object coming into the
possession of any employee shall be forwarded to the Chief of Police
together with a written report explaining the circumstances.
A.
Consuming alcoholic beverages before duty. Employees shall not consume
alcoholic beverages within four hours prior to reporting for duty.
B.
Being under the influence. Employees shall not report for duty under
the influence of any alcoholic beverage.
C.
Consuming alcoholic beverages on duty. Employees of the Department
shall not consume any alcoholic beverage while on duty.
D.
Exception. Employees while assigned to duty in civilian clothes may
consume alcoholic beverages only if such consumption:
E.
Consuming alcoholic beverages off duty in uniform. Employees shall
not consume alcoholic beverages while off duty and in uniform or any
recognizable component of the uniform.
F.
Alcoholic beverages in police buildings. Alcoholic beverages shall
not, at any time, be consumed in police buildings or facilities.
G.
Supervisors' responsibility. Supervisors shall not assign to duty
or allow to remain on duty any employee whose fitness for duty is
questionable due to the use of alcohol or medication.
H.
Possession of alcoholic beverages. Employees shall not have alcoholic
beverages on their person while on duty or in uniform, nor in any
Police Department building or vehicle, except for evidential or other
authorized purpose.
I.
Entering licensed premises. Employees in uniform shall not enter
any licensed premises where alcoholic beverages are sold or stored,
except in the performance of duty and in compliance with Department
policy.
J.
Taking medication on duty. Employees of the Department shall not
take any medication which may diminish their alertness or impair their
senses prior to or after reporting for duty unless directed by a physician.
K.
Notification about medication. When an employee is required to take
any prescription medication or any nonprescription medication which
may diminish his or her alertness or impair their senses, the employee
shall notify his or her supervisor as to the medication required,
its properties, the dosage and the period during which the employee
is required to take the medication. This notification shall be by
the prescribing physician. If the medication is a nonprescription
drug, the employee shall make this notification. The required notification
shall be made prior to the employee reporting for duty. This information
so provided shall be confidential.
L.
If the agency will do random drug testing, this rule must be included:
"This Department shall conduct random drug testing of police officers
in accordance with the Drug Testing Policy of the Attorney General."
A.
Reporting for duty. Employees shall report for duty at the time and
place specified, properly uniformed and equipped.
B.
Absence from duty. An employee who fails to appear for duty at the
date, time, and place specified without the consent of competent authority
is absent without leave. Supervisors shall immediately report to their
supervisor in writing any employee who is absent without leave.
C.
Prohibited activity on duty. Employees who are on duty are prohibited
from engaging activities which are not directly related to the performance
of their duty (e.g., sleeping, conducting private business, or gambling).
D.
Smoking while on duty. Employees shall not smoke except in authorized
areas. Employees shall not smoke on duty while in direct contact with
the public.
E.
Distractions. The use of any item or object that distracts an employee
from the performance of duty, other than equipment authorized by the
Department, is prohibited while on duty.
F.
Relief. Employees are to remain at their assignments and on duty
until properly relieved by other employees or until dismissed by competent
authority.
G.
Meals. All meals are to be consumed within authorized areas, subject
to modification by the supervisor.
H.
Training. Employees shall attend training at the direction of the
appropriate supervisor. Such attendance is considered a duty assignment,
unless the prevailing collective bargaining agreement provides otherwise.
I.
Inspections. Employees directed to attend full dress inspections
shall report in the uniform prescribed, carrying the equipment specified.
Unauthorized absence from such inspection shall be considered absence
without leave.
A.
Regulation uniforms required. All police officers and uniformed civilians
shall maintain uniforms prescribed in Department policy and procedure.
Uniforms shall be kept neat, clean and well-pressed at all times.
B.
Manner of dress on duty. Employees shall wear the uniform or civilian
clothing on duty as prescribed by Department policy and procedure
for the employee's current assignment.
C.
Wearing jewelry on duty. Police officers on duty shall not wear loose-fitting
jewelry which may be grasped during a struggle or which can inflict
injury or retard the mobility of the officer. This provision shall
not prohibit nonuniform officers on duty from wearing jewelry appropriate
for the conditions of their current assignment in accordance with
Department policy.
D.
Personal appearance. Employees, while on duty, shall be neat and
clean in person, with uniform or clothes clean and pressed. This provision
shall not prohibit nonuniform officers on duty from dressing appropriately
for the conditions of their current assignment in accordance with
Department policy.
E.
Wearing or carrying identification. Employees shall wear or carry
their Department identification at all times, provided that it is
practical under the circumstances.
F.
Identification as police officer. Except when impractical or where
the identity is obvious, police officers shall identify themselves
by displaying the official badge or identification card before taking
police action.
A.
Equipment on duty. Employees shall carry all equipment on duty as
prescribed in Department policy and procedure based on their assignment.
B.
Equipment off duty. Employees shall carry equipment off duty as prescribed
in Department policy and procedure based on their assignment.
C.
Firearms. Employees shall follow Department policy and procedure
on the care and handling of firearms.
D.
Department property and equipment. Employees are responsible for
the proper care of Department property and equipment assigned to them
or used by them in the course of duty.
E.
Use of Department property and equipment. Employees shall not use
any Department property or equipment for personal business or pleasure.
F.
Damaged or inoperative property or equipment. Employees shall immediately
report to their supervisors any loss of or damage to Department property
assigned to or used by them. The supervisor shall also be notified
of any defects or hazardous conditions existing in any Department
equipment or property.
G.
Care of Department buildings. Employees shall not mark or deface
any surface in any Department building. No material shall be affixed
to any wall in Department buildings without specific authorization
from the appropriate supervisor.
H.
Notices. Employees shall not mark, alter or deface any posted notice
of the Department. Notices or announcements shall not be posted on
bulletin boards without permission of the appropriate supervisor,
except those areas designated for use by the collective bargaining
units.
I.
Use of Department vehicles. Employees shall not use any Department
vehicle without the permission of a supervisor. Department vehicles
shall never be used for personal business or pleasure except as provided
for in Department policy.
J.
Operation of Department vehicles. When operating Department vehicles,
employees shall not violate traffic laws except in cases of emergency
and then only in conformity with state law and Department policy and
procedure regarding same.
K.
Transporting citizens. Citizens will be transported in Department
vehicles only in conformance with Department policy.
L.
Reporting accidents. Accidents involving Department personnel, property,
equipment and vehicles must be reported in accordance with Department
policy and procedure.
M.
Inspection. Departmental property and equipment is and remains the
property of the Department and is subject to entry and inspection
without notice.
N.
Liability. If Department property is damaged or lost as a result
of misuse or negligence by an employee, that employee will be held
liable to reimburse the Department for the damage or loss and is subject
to disciplinary action.
O.
Surrender of Department property.
(1)
Upon separation from the Department. Employees are required to surrender
all Department property in their possession upon separation from the
service. For failure to return a nonexpendable item, the employee
will be required to reimburse the Department for the fair market value
of the article.
(2)
Under suspension. Any employee under suspension shall immediately
surrender his or her identification, firearm (if applicable), and
all other Department property to the appropriate supervisor pending
disposition of the case.
B.
Forwarding communications. Any employee who receives a written communication
for transmission to another employee shall forward same without delay.
C.
Use of Department address. Employees shall not use the Department
as a mailing address for private purposes. The Department address
shall not be used for any private vehicle registration or driver's
license.
D.
Telephones. Department telephone equipment may not be used for personal
use involving toll charges without the express approval of a supervisor.
E.
Radio discipline. Employees operating the police radios shall strictly
observe the procedures and restrictions for such operations as set
forth in Department policy and procedure and by the Federal Communications
Commission.
A.
Courtesy. Employees shall be courteous and orderly in their dealings
with the public. They shall perform their duties politely, avoiding
profane language, and shall always remain calm regardless of provocation.
B.
Request for identification. Upon request, employees are required
to supply their name and identification number in a courteous manner.
C.
Impartiality. Employees shall not exhibit bias or favoritism toward
any person because of race, sex, sexual orientation, creed, color,
national origin, ancestry, influence or political affiliation.
D.
Use of derogatory terms. Employees shall not use language that is
derogatory to anyone because of race, sex, sexual orientation, creed,
color, national origin, ancestry, or influence.
E.
Affiliation with certain organizations prohibited. No employee shall
knowingly become a member of any organization which advocates the
violation of law, or which professes hatred, prejudice, or oppression
against any racial or religious group or political entity, except
when necessary in the performance of duty and at the direction of
the Chief of Police.
F.
Representing the Police Department. Employees shall not give public
speeches or demonstrations on behalf of the Department, nor shall
they endorse any product or service as a representative of the Department,
without prior approval from the Chief of Police.
A.
Employees shall not be candidates for or hold office in elective
public positions or political organizations within or inclusive of
the jurisdiction in which they are employed unless authorized to do
so by the County Prosecutor.
B.
Employees may contribute funds or any other thing of value to candidates
for public office, subject to the provision of law governing such
contributions.
C.
Employees shall not engage in any political activity while on duty,
or while in uniform, or at any other time if to do so would conflict
with their duties or impair their ability to perform their duties.
D.
Employees shall not directly or indirectly use or attempt to use
their official position to influence the political activity of another
person.
E.
Employees shall not engage in any polling duties except in the performance
of their official duties.
F.
Employees shall not display any political material on any government
property or on their person while on duty or in uniform.
A.
Duty of employee to appear and testify. Employees shall appear and
testify on matters directly related to the conduct of their office,
position or employment before any court, grand jury, or the State
Commission of Investigation.
B.
Subpoena. Employees must attend court or quasi-judicial hearings
as required by a subpoena. Permission to omit this duty must be obtained
from the prosecuting attorney handling the case or other competent
court officials.
C.
Court appearance. When appearing in court on Department business,
employees shall wear either the Department uniform or appropriate
business attire.
D.
Testifying for the defendant. Any employee subpoenaed to testify
for the defense or against the municipality or Department in any hearing
or trial shall notify the appropriate supervisor immediately upon
receipt of the subpoena.
E.
Department investigations. Employees are required to answer questions,
file reports, or render material and relevant statements in a Departmental
investigation when such questions and statements are directly related
to job responsibilities. Employees shall be advised of, and permitted
to invoke, all applicable constitutional and statutory rights, including
consultation with their designated representative.
F.
Truthfulness. Employees are required to be truthful at all times
whether under oath or not.
G.
Civil action, subpoenas. Employees shall not volunteer to testify
in civil actions arising out of Department employment and shall not
testify unless subpoenaed. If the subpoena arises out of Department
employment or if employees are informed that they are a party to a
civil action arising out of Department employment, they shall immediately
notify the appropriate supervisor.
H.
Civil depositions and affidavits. Employees shall confer with the
appropriate supervisor before giving a deposition or affidavit on
a civil case relating to their police employment.
I.
Civil action, expert witness. Employees shall not volunteer or agree
to testify as expert witnesses in civil actions without the prior
written approval of the County Prosecutor.
J.
Civil process. Employees shall not serve civil process or assist
in civil cases unless such service is approved by the appropriate
supervisor.
A.
Hours and leave.
(1)
Hours of duty. Employees shall have regular hours assigned to them
for active duty, and when not so employed, they shall be considered
off duty. Employees are subject to be recalled to duty as needed.
(2)
Scheduled days off. Employees are entitled to days off pursuant to
appropriate collective bargaining agreements and are to take such
days according to a schedule arranged by the appropriate supervisor.
(3)
Vacation leave. Employees are entitled to vacation days off pursuant
to appropriate collective bargaining agreements, Department policy
and procedure, and approval of the vacation schedule by the appropriate
supervisor.
(4)
Other leaves. Employees are entitled to other leave as provided for
in collective bargaining agreements, by law and by Department policy
and procedure, subject to approval of the schedule by the appropriate
supervisor.
(5)
Sick leave. Employees are entitled to sick days off pursuant to appropriate
collective bargaining agreements and Department policy and procedures.
(6)
Abuse of sick leave. Employees who take sick leave in violation of
Department policy shall be subject to disciplinary action.
(7)
Suspension of leave. Any vacation leave, scheduled day off, or other
leave of absence may be suspended when an emergency, which reasonably
could not have been foreseen, is declared by appropriate Department
authority, and which unavoidably requires utilization of additional
employees who are not scheduled to work.
B.
Secondary employment. Employees may engage in secondary employment
consistent with Department policy.
C.
Resignation; resignation to be in writing. All resignations of employees
must be in writing and bear the signature of the person resigning.
Employees shall provide no less than two weeks' written notice to
the Chief of Police.
A.
Purpose and findings.
(1)
The purpose of discipline is to correct inappropriate behavior. From
this remedial perspective, the least intrusive measure or combination
of measures that serves to correct the inappropriate behavior will
be used whenever possible. If inappropriate behavior continues, additional
infractions will be dealt with in a progressive framework. The aim
of the schedule is to establish consistent disciplinary procedures
throughout the Department.
(2)
Determining the appropriate disciplinary measure or combination of
measures requires that supervisors make use of their common sense,
knowledge of Departmental procedure, and empathy when considering
each individual case. Additionally, a comprehensive knowledge of these
rules and regulations, along with the general orders, directives and
standard operating procedures promulgated by the Paramus Police Department,
must be factored into the disciplinary process. The range of appropriate
discipline for each category of offense specified by the schedule
allows supervisors to take into account aggravating or mitigating
factors. Aggravating factors include: intent; employee record; truthfulness;
type and extent of injury; and amount of damage. Mitigating factors
include: intent; employee record: degree of culpability; truthfulness;
and acknowledgement of error/mistake by the employee.
(3)
While incidents must be treated individually, the disciplinary ranges
specified by the schedule must be used except in cases of extreme
extenuating circumstance. The Police Chief is the only individual
with the authority to lessen or increase the mandated penalty for
any violation.
(4)
The Department acknowledges all State Statutes, Guidelines and Contractual
guarantees related to disciplinary action and investigations of police
officers. All Departmental conduct will be conducted accordingly.
B.
Description of categories.
(1)
Category A — minor rules violation: handled at unit level,
typically by Lieutenants or Sergeants. Any three "A" violations in
one year escalates the third and any additional violations to Category
B; no formal appeal; may be appealed to the Chief of Police for review.
(2)
Category B — more severe rules violation or escalated "A" violation:
handled at division level by the affected Commander, with final approval
by the Chief of Police. Any three "B" violations in three years escalate
the third and any additional violations to Category C.
(3)
Category C — major rules violation or escalated "B" violation:
investigation handled by Internal Affairs; same or similar misconduct
within five years escalates the second violation to Category D. Any
three "C" violations in five years escalate the third and any additional
violations to Category D.
(4)
Category D — serious rules violation (including but not limited
to criminal violations) or escalated "C" violation: investigation
handled by Internal Affairs. Category D violations are a permanent
part of an officer's record and are always considered if further serious
violations occur.
C.
Violations by category.
(1)
Category A. The following are Category A violations:
Failure to act courteously
Financial obligations
Punctuality
Failure to observe Borough limits
Failure to give name or other information when required
Neatness and attire
Failure to maintain proper radio communications
Failure to complete official reports
Failure to report change in personal status, address and phone
Participating in political activities while on duty
Failure to observe uniform policy
Improper use of vehicle emergency equipment
Abuse of sick leave
(2)
Category B. The following are Category B violations:
Failure to maintain impartial attitude
Sleeping on duty
Failure to maintain off-duty responsibility
Drinking any intoxicating liquor while on duty
Participating in improper off-duty employment
Posting bail
Failure to properly process property or evidence
Participating in a strike, demonstration or slowdown
Accepting gifts
Soliciting business, intradepartment
Suggesting bondsmen or attorneys
Failure to properly report firearm discharge
Attendance in court
Making unauthorized public statements
Rough or careless handling of Borough or Department property
Unauthorized passengers
Feigning illness or injury
Conduct contrary to good order and discipline
Reporting for duty in an unfit condition
(3)
Category C. The following are Category C violations:
Lewd/Obscene conduct
Failure to report information concerning criminal activities
Failure to report off-duty involvement in any civil, criminal
or motor vehicle matter; as a witness, complainant or defendant
Failure to take police action
Failure to take supervisory action
Truthfulness
Consorting
Neglect of duty
Failure to report improper conduct
Failure to report member under investigation
Leaving duty assignment
Insubordination
Intimidation
Harassment
Soliciting of gratuities
Unnecessary display of firearms
Failure to report loss or damage of Borough property
Personal use of Borough or Department property
Unauthorized operation of Department vehicles
(4)
Category D. The following are Category D violations:
Willful disobedience
Criminal activity
Unnecessary force
Careless handling of firearms
Failure to properly maintain control of duty or personal firearms
Possessing unauthorized weapons
Failure to report for duty
Violating their oath and trust by committing an offense punishable
under the laws or statutes of the United States or the State of New
Jersey
Revealing to any person not a member of the Police Department
any proposed police action or movements or provisions of any official
order when the contents of said order might jeopardize police action,
procedures or confidences of the Department
Making any false statements in application for appointment to
the Police Department
D.
Administration. Final authority rests with the Chief of Police, whose
powers include imposition of discipline in an emergency situation
outside of normal administrative channels. Normal operating procedure
is through the above described schedule and chain of command which
focuses on category of offense.
E.
Hearings on disciplinary matters; recommendations. Pursuant to N.J.S.A.
40A:14-18, the Police Committee is designated as the appropriate authority.
The appropriate authority shall possess the right to appoint an independent
hearing officer to hear disciplinary charges filed pursuant to N.J.S.A.
40A:14-147. The party filing the complaint shall designate a hearing
date which shall be not less than 10 nor more than 30 days from the
date of service of the complaint. If either party requests an adjournment,
the statutory time period for holding a hearing is hereby waived.
The charged party shall notify the Police Department, in writing,
if the charged party requests a public hearing on the disciplinary
matter.
F.
Emergency suspension.
(1)
Any commander or superior officer shall have the authority to impose
emergency suspension until the next business day against a member
when it appears that such action is in the best interest of the Department.
(2)
Any time a superior officer suspends a member of the Department;
he/she will notify the Chief of Police or his designee at the soonest
practical time following the suspension.
(3)
A report shall be made out on the emergency suspension indicating
the name, rank, badge number and present assignment of the person
suspended and the date, time and location of the infraction that called
for the suspension. The report shall also indicate the section number
of the violated rule and common name of the infraction and a complete
statement of the facts of the misconduct.
(4)
A member 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 commander or superior
officer imposing the suspension shall also report to the Chief of
Police at the same time.
G.
Suspension, removal, fines and demotion.
(1)
No member of the Police Department, except officers or men temporarily
employed in cases of emergencies or as special policemen, shall be
removed from office or employment for political reasons or for any
other cause than incapacity, misconduct or disobedience of rules and
regulations established for the government of the Police Department.
(2)
No member of the Police Department shall be suspended, removed, fined
or reduced from office or employment except for just cause as set
forth in the proceeding clauses of this section, and then only after
a written charge or charges of the cause of complaint shall have been
preferred against him and the opportunity of fair and impartial trial
upon said charge or charges afforded him in accordance with the provisions
of the New Jersey statutes.
