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.
A. 
Whenever any member or officer of the Township Police Department is charged under the law of this state, another state or the United States with an offense, said police officer may be suspended from performing his duties with pay until the case against said officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated; provided, however, that if a Grand Jury returns an indictment against said officer or if said officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, said officer may be suspended from his duties without pay until the case against him is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.
B. 
If a suspended police officer is found not guilty at trial or if the charges are dismissed or the prosecution is terminated, said officer shall be reinstated in his position and shall be entitled to recover all pay withheld during the period of suspension, subject to any disciplinary proceedings or administrative action.
C. 
If any municipal police officer is suspended with pay and is found guilty of the charges brought against him, said police officer shall reimburse the Township for all pay received by him during the period of his suspension.
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.