The members of the Police Department shall severally
hold their respective offices and employment and continue in such
during good behavior, efficiency and compliance with the requirements
established by law and this chapter.
[Amended 6-10-2010 by Ord. No. 2010-02]
Except as otherwise provided by law, no permanent member of the Police Department shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of rules and regulations established for the government of the Police Department, nor shall such member or officer be suspended or removed from his office, employment or position or be fined or reduced in rank, subject to §
75-26, except for just cause as herein provided, and then only upon a written complaint setting forth the charge or charges against such member or officer. The complaint shall be filed in the office of the Township Committee, and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the Township Committee, which shall be not less than 15 nor more than 30 days from the date of service of the complaint, unless otherwise mutually rescheduled.
It is intended by this chapter to give any person
against whom a charge or charges may be preferred for any cause under
this article a fair trial upon said charge or charges and every reasonable
opportunity to make his defense, if any he has or chooses to make.
In the event of failure of compliance with any provision in this article,
such charge or charges shall be dismissed.
The Township Committee shall have the power
to hear and determine the charge or charges made against a member
or officer of the Police Department and shall have the power to subpoena
witnesses and documentary evidence. The Superior Court shall have
jurisdiction to enforce any such subpoena.
Any member of the Police Department who has
been convicted of any violation of any of the rules or regulations
of such Department by the governing body may appeal such conviction
in the manner provided by law.
Whenever a member or officer of the Police Department
is a defendant in any action or legal proceeding arising out of or
incidental to the performance of his duties, the Township Committee
shall provide said member or officer with necessary means for the
defense of such action or proceeding, but not for his defense in a
disciplinary proceeding instituted against him by the Township or
in a criminal proceeding instituted as a result of a complaint on
behalf of the Township. If any such disciplinary or criminal proceeding
instituted by or on behalf of the Township shall be dismissed or finally
determined in favor of the member or officer, he shall be reimbursed
for the expense of his defense.