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 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.
Existence of facts establishing a violation of the law, ordinance or rule is all that is necessary to support any allegation of such as a basis for disciplinary action. Nothing in this chapter prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in Department orders or in laws and ordinances within the cognizance of the Department.
The following penalties may be assessed against any member or employee of the Department as disciplinary action:
A. 
Oral reprimand.
B. 
Written reprimand.
C. 
Assignment change.
D. 
Voluntary surrender of time off in lieu of another action.
E. 
Suspension.
F. 
Demotion.
G. 
Removal from the service.[1]
[1]
Editor's Note: Original § 32-174, Statutory authority to discipline, was repealed 12-19-1990 by Ord. No. 90-19.
Any command or supervisory officer shall have the authority to impose emergency suspension until the next business day against a member or employee when it appears that such action is in the best interests of the Department.
A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day 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.
Whenever disciplinary action is taken or recommended, except for oral reprimand, a written report must be submitted immediately, containing the following information:
A. 
The name, rank, badge number and present assignment of the person being disciplined.
B. 
The date and time of the misconduct and location.
C. 
The section number of the violated rule and common name of the infraction.
D. 
A complete statement of the facts of the misconduct.
E. 
The punishment imposed or recommended.
F. 
The written signature, badge number and rank of the officer preparing the report and the signature of the member being disciplined. (See N.J.S.A. 40A:14-147.)
Reports shall be distributed as follows by the officer imposing or recommending the disciplinary action:
A. 
The original to the Chief through the chain of command.
B. 
The duplicate to the member being disciplined.
C. 
The triplicate retained by the officer imposing or recommending the action.
D. 
The quadruplicate to the Mayor.
The member or employee being disciplined shall be informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147.
Appeals from penalties imposed as disciplinary measures may be taken as provided in N.J.S.A. 40A:14-147 to 40A:14-151, inclusive, and the municipal ordinances.
Whenever any commanding or supervisory officer observes or is informed of the misconduct of another member or employee which indicates the need for disciplinary action, he shall take the authorized and necessary action and render a complete written report of the incident and his actions to his commanding officer.