[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1993 by Ord. No. 1268]
A. 
The purpose of this article is to revise the Police Department Ordinance of the Borough of Middlesex which was originally adopted on February 1, 1939, and thereafter supplemented and amended in order that the organization of the Police Department shall comply with all existing laws of the State of New Jersey.
B. 
This article, inclusive of all amendments and supplements that may be in effect, may be cited as the "Middlesex Borough Police Department Ordinance."
C. 
The adoption of the article shall not affect the term, tenure, compensation or pension rights of any person holding any office, employment or position in the Police Department, except as provided herein.
[Amended 4-8-2003 by Ord. No. 1580; 11-28-2006 by Ord. No. 1701]
There is hereby established in and for the Borough of Middlesex a Police Department, which shall consist of a Chief of Police, and no more than two Captains, three Lieutenants, six Sergeants, five Corporals and 20 police officers.
The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the Laws of New Jersey and the ordinances of the Borough of Middlesex; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.
A. 
The Mayor of the Borough of Middlesex shall be designated as the appropriate authority as provided in the New Jersey Statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall promulgate rules and regulations for the government of the Police Department and for the discipline of its members. (N.J.S.A. 40A:14-118.)
B. 
Pursuant to the provisions of N.J.S.A. 40A:14-118, a line of authority is hereby established relating to the police functions, and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the Middlesex Borough police force. As used in this article, "appropriate authority" means the Mayor. The establishment of this appropriate authority shall not prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force, and the delegation to such committees or commissions to such powers of inquiry as the governing body deems necessary or to conduct such hearings or investigations as may be authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the appropriate authority for its efficiency and day-to-day operations. 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 directive 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. 
Administer and enforce the policies which are adopted by the appropriate authority;
D. 
Prescribe the duties and assignments of all members and officers;
E. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control; and
F. 
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. (N.J.S.A. 40A:14-118).
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations. (N.J.S.A. 40A:14-147.)
A. 
All officers and employees of the Police Department shall be appointed by the Mayor and Council.
B. 
The members of the Middlesex Police Department, as presently constituted, are hereby continued in their respective offices or positions; and the salaries established by the Salary Ordinance[1] now in effect shall prevail, and nothing contained in this section shall be considered as affecting the status, rank, tenure or any rights heretofore acquired by any member of the existing Department, except as otherwise stated herein.
[1]
Editor's Note: See Ch. 96, Salaries and Compensation.
[Amended 4-8-2003 by Ord. No. 1580; 4-11-2023 by Ord. No. 2082; 5-13-2025 by Ord. No. 2150]
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. (N.J.S.A. 40A:14-122.) In addition, no person shall be appointed unless:
A. 
He or she is a citizen of the United States and the State of New Jersey.
B. 
He or she is sound of body and of good health sufficient to satisfy the requirements of the New Jersey Police and Fireman's Retirement System.
C. 
He or she is able to read, write and speak the English language well and intelligently.
D. 
He or she is of good moral character.
E. 
He or she is not less than 18 years of age.
F. 
He or she is physically and mentally sound and emotionally stable and possesses the necessary ability to understand and obey orders and to perform the duties required of the members of the Police Department.
G. 
He or she has not been convicted of any criminal offense involving moral turpitude.
H. 
He or she has a valid New Jersey driver's license.
I. 
He or she has a minimum of a high school diploma and an approved combination of one or more of the following:
(1) 
A minimum of 60 college credits from an accredited college or university; or
(2) 
A minimum of four years of active duty in the United States Armed Forces; or
(3) 
Police certification through the New Jersey Police Training Commission.
Except as specifically provided otherwise in this article, no person shall be appointed to the Police Department unless that person shall have:
A. 
Filed written application on the form prescribed by the Police Chief.
B. 
Submitted such completed application form and supporting documents as requested.
C. 
Qualified by the passing of the required physical, written and oral admission test.
D. 
Submitted to and passed a medical and physical examination conducted by a physician approved by the Mayor and Council and, if so requested, submitted to and passed a screening psychological examination prior to receiving appointment to the Police Department.
E. 
Met all other minimum requirements enumerated in this article.
F. 
Some or all of the requirements as set forth in Subsections C and D hereof may be waived or amended, with consultation and recommendation of the Chief of Police, for candidates that are qualified for certification through the New Jersey Police Training Commission, including, but not limited to, police academy enrollment, police academy Alternate Route Program attendance, Class II waiver training, Correctional Police Officer gap training, or other approved training programs.
[Added 6-28-2005 by Ord. No. 1654; amended 4-11-2023 by Ord. No. 2082]
No applicant shall be considered for appointment who:
A. 
Lacks the established qualification requirements for the position for which he or she has applied or been tested.
B. 
Is physically, mentally or emotionally unfit to perform effectively the duties of the position in which he or she seeks employment.
C. 
Is addicted to the habitual use of drugs or intoxicating liquors.
D. 
Has been convicted of any indictable offense or who has been convicted of any crime or offense involving moral turpitude.
E. 
Has made any false statements of a material fact or practiced or attempted to practice any deception or fraud in his or her application, in his or her test or in securing his or her eligibility or appointment.
Every person appointed to the Police Department shall, as a prerequisite to becoming a member thereof and before entering upon his or her duties as such, take and subscribe to an oath or affirmation as may be required and prescribed by the laws of the State of New Jersey.
All active members of the Police Department, on attaining the age of 65 years, shall retire from service.
[Amended 4-14-1998 by Ord. No. 1425]
A. 
All appointments to the Police Department shall be for a probationary period of one year, and no person holding such a probationary appointment as a police officer shall be given or accept a permanent appointment unless such person has successfully completed a police training course at an approved school. Continuation in the service is dependent upon the conduct of the appointee and his or her fitness to perform his or her duties. At the termination of the probationary period, if the conduct or performance of the probationer has not been satisfactory, that person shall be notified, in writing, that his probationary period with the Middlesex Borough Police Department is to be extended for an additional period of six months or that the person will not receive absolute appointment, and the decision of the Chief of Police shall be final in this regard. In the event that the Chief of Police determines that there should not be an extension of the probationary employment for a period of six months, the Chief of Police shall so notify the person and shall make his recommendation to the governing body to the effect that his or her services shall be terminated. Should the Chief of Police agree to extend the probationary employment of the employee for a period of six months, the probationary employment will then continue for that six-month extension period, and, during the period of extended probationary employment, the job performance of the employee will continue to be observed and evaluated. At the completion of the extended six-month probationary term, the overall job performance of the employee will be reviewed and a determination will be made by the Chief of Police concerning whether the person shall be recommended for a permanent appointment. If, at the end of the six-month extension of the probationary employment, the conduct or performance of the probationer has not been satisfactory, that person shall be notified, in writing, that the person will not receive absolute appointment.
B. 
At or before the end of the probationary period, the Mayor and Council may discontinue, at the recommendation of the Chief of Police, the service of any such appointee, if the working test indicates that the appointee is unable or unwilling to perform the duties of his or her position satisfactorily or is of such reputation, habits and dependability as not to merit continuance in the public service. Failure to qualify in the use of a police weapon or complete other assigned training or inability to understand the functioning, application and use of any police equipment shall be sufficient reason for the discontinuance of any such appointee, though discontinuance may be made for causes other than those enumerated herein. In each such case, the Mayor and Council shall give written notice to the appointee whose service is discontinued.
[Amended 4-8-2003 by Ord. No. 1580; 12-18-2012 by Ord. No. 1820; 4-11-2023 by Ord. No. 2082]
A. 
There will be 11 classes of police officers which shall be known as "Police Officer Class A," "Police Officer Class B," "Police Officer Class C," "Police Officer Class D," "Police Officer Class E," "Police Officer Class F," "Police Officer Class G," "Police Officer Class H," "Police Officer Class I," "Probationary Police Officer" and "Academy Police Officer."
B. 
The Academy Patrolman shall advance to Probationary Patrolman level upon graduation from the Academy. The patrolman shall advance from Probationary Patrolman after one year of satisfactory service, upon the recommendation of the Chief of Police. The patrolmen will become eligible for additional advances in grade at the expiration of each additional year, upon the recommendation of the Chief of Police, until they have reached Class A, and they shall be paid salaries designated in the Salary Ordinance under the established categories.
C. 
If the Chief of Police does not recommend an advance in grade from one level to the next, the advance in grade shall not occur, said advancement not being automatic but being dependent upon the recommendation of the Chief of Police.
D. 
Any reference to "patrolman" shall be deleted and the word “police officer” inserted.
[Amended 3-23-1999 by Ord. No. 1459; 12-18-2012 by Ord. No. 1820; 4-15-2022 by Ord. No. 2054]
A. 
Vacancy. When the Chief of Police determines that a vacancy exists in the rank of Corporal or above, the Chief shall so inform the Mayor and Council in writing and request to fill the vacancy. Upon receipt of this notice, the Mayor and Council shall decide whether to commence the procedures for filling the vacancy.
B. 
Announcement. If the Mayor and Council decide to fill the aforementioned vacancy, they shall so inform the Chief of Police, who will issue a memorandum containing the following information:
(1) 
The position for which the vacancy exists;
(2) 
The eligibility requirements for consideration for the promotion;
(3) 
The promotional process that will be utilized to fill the vacancy; and
(4) 
Notice of the date of the oral exam, which shall be no less than eight weeks from the date of the announcement.
C. 
Qualifications for eligibility.
(1) 
Corporal and Sergeant.
(a) 
A police officer who has completed the probationary period and five years of continuous service with the Middlesex Borough Police Department may be eligible for promotion to Corporal or Sergeant. Such service shall be without interruption except for an approved leave of absence. The six years of service must have been completed on or before the date of the Chief's announcement to begin the promotional process to fill the vacancy.
(b) 
Candidates shall have satisfactorily completed all assigned training to be eligible for promotion.
(2) 
Lieutenant, Captain, and Chief of Police.
(a) 
Candidates shall have held the rank of Sergeant with the Middlesex Borough Police Department for at least two years may be eligible for promotion to Lieutenant, Captain or Chief of Police. The two years of service must have been completed on or before the date of the Chief's announcement to begin the promotional process to fill the vacancy. The candidates must have served continuous permanent service with the Middlesex Police Department. Such service shall be without interruption except for an approved leave of absence.
(b) 
Candidates shall have satisfactorily completed all assigned training to be eligible for promotion.
D. 
Promotional process.
(1) 
Corporal and sergeant.
(a) 
Notice to fill the vacancy will be posted on the Police Department's bulletin board. It shall contain the information listed in § 80-16B.
(b) 
Eligible candidates who desire to participate in the promotional process shall notify the Chief of Police in writing within 15 days of the Chief's issuance of the memorandum announcing the promotional process for the vacant position. Candidates desiring to be considered for promotion shall submit a resume to the Chief of Police within the time constraints delineated in the memorandum.
(c) 
Candidates shall be given an oral examination administered by the New Jersey State Association of Chiefs of Police. A score of at least a 65 must be attained. Any candidate scoring less than a 65 will be eliminated from the remainder of the process. The weighted score of the oral examination will be obtained by multiplying the exam score times 0.2. The oral examination shall cover a range of topics including but not limited to:
[1] 
Attorney General's guidelines.
[2] 
Department policy and procedures.
[3] 
Department rules and regulations.
[4] 
Borough ordinances.
[5] 
NJ Criminal and Motor Vehicle Law.
[6] 
Organizational, administrative, supervisory and leadership skills and knowledge.
(d) 
In addition, candidates shall be evaluated based upon their qualifications as assessed through a review of each candidate's performance and personnel file. The Chief of Police and a designee shall review each candidate's personnel file. A maximum of 50 points will be assessed based upon the following criteria:
[1] 
Education (from an accredited college or university): maximum five points.
[a] 
Associate's degree - one point.
[b] 
Bachelor's degree - two points.
[c] 
Master's degree - three points.
[d] 
Doctoral degree - five points.
[2] 
Military service: maximum two points. To qualify for military service credit an employee must have accrued four or more years of military service, and have an honorable discharge from service, or be on active/reserve status.
[3] 
Seniority shall be based on the number of completed years with the Middlesex Borough Police Department as of the date of the announcement of the vacancy. One-quarter point per year of service to a maximum of 20 years. A maximum of five points will be awarded.
[4] 
Performance appraisals (review of last five years): maximum of 18 points. Scores from the last five years of performance appraisals will be tabulated. Performance evaluations with scoring/rating guidelines 1-6 will be added together and divided by three. Performance evaluations with scoring/rating guidelines 1-4 will be added together and divided by two. The scores are then added together and divided by five to obtain the average score.
[5] 
Commendations (review of last 10 years): maximum five points.
[a] 
Medal of Honor - one.
[b] 
Police Combat Cross - 0.75.
[c] 
Meritorious service - 0.75.
[d] 
Wound medal - 0.75.
[e] 
Perfect attendance citation bar - 0.75.
[f] 
Exceptional service - 0.50.
[g] 
Honorable service - 0.50.
[h] 
Chief's achievement award - 0.50.
[i] 
Life saving - 0.50.
[j] 
Unit citation - 0.25.
[k] 
Certificate of commendation - 0.125.
[6] 
Discipline (last 10 years): maximum of five points.
[a] 
No discipline - five points.
[b] 
Oral reprimand - minus one point.
[c] 
Written reprimand - minus three points.
[d] 
Suspension - minus five points.
[7] 
Training or special skills: maximum five points. Within the last five years, i.e., special training, Department training instructor, field training officer.
[8] 
Chief of Police and Command Officer interview: maximum five points.
(2) 
Lieutenant.
(a) 
Notice to fill the vacancy will be posted on the police department's bulletin board. It shall contain the information listed in § 80-16B.
(b) 
Eligible candidates who desire to participate in the promotional process shall notify the Chief of Police in writing within 15 days of the Chief's issuance of the memorandum announcing the promotional process for the vacant position. Candidates desiring to be considered for promotion shall submit a resume to the Chief of Police within the time constraints delineated in the memorandum.
(c) 
Candidates shall be given an oral examination administered by the New Jersey State Association of Chiefs of Police. A score of at least a 65 must be attained. Any candidate scoring less than a 65 will be eliminated from the remainder of the process. The weighted score of the oral examination will be obtained by multiplying the exam score times 0.2. The oral examination shall cover a range of topics including but not limited to:
[1] 
Attorney General's guidelines.
[2] 
Department policy and procedures.
[3] 
Department rules and regulations.
[4] 
Borough ordinances.
[5] 
NJ Criminal and Motor Vehicle Law.
[6] 
Organizational, administrative, supervisory and leadership skills and knowledge.
(d) 
In addition, candidates shall be evaluated based upon their qualifications as assessed through a review of each candidate's performance and personnel file. The Chief of Police and a designee shall review each candidate's personnel file. A maximum of 54 points will be assessed based upon the following criteria:
[1] 
Education (from an accredited college or university): maximum five points.
[a] 
Associate's degree - one point.
[b] 
Bachelor's degree - two points.
[c] 
Master's degree - three points.
[d] 
Doctoral degree - five points.
[2] 
Military service: maximum two points. To qualify for military service credit an employee must have accrued four or more years of military service, and have an honorable discharge from service, or be on active/reserve status.
[3] 
Service time: maximum of three points. One-quarter point is awarded for each fully completed year of service at the rank of Sergeant in the Middlesex Police Department.
[4] 
Performance appraisals (review of last five years): Maximum of 24 points. Scores from the last five years of performance appraisals will be tabulated. Performance evaluations with scoring/rating guidelines 1-6 will be added together and divided by three. Performance evaluations with scoring/rating guidelines 1-4 will be added together and divided by two. The scores are then added together and divided by five to obtain the average score.
[5] 
Commendations (review of last 10 years): maximum five points.
[a] 
Medal of Honor - one.
[b] 
Police Combat Cross - 0.75.
[c] 
Meritorious service - 0.75.
[d] 
Wound medal - 0.75.
[e] 
Perfect attendance citation bar - 0.75.
[f] 
Exceptional service - 0.50.
[g] 
Honorable service - 0.50.
[h] 
Chief's achievement award - 0.50.
[i] 
Life saving - 0.50.
[j] 
Unit citation - 0.25.
[k] 
Certificate of commendation - 0.125.
[6] 
Discipline (review of last 10 years): maximum of five points.
[a] 
No discipline - five points.
[b] 
Oral reprimand - minus one point.
[c] 
Written reprimand - minus three points.
[d] 
Suspension - minus five points.
[7] 
Training and special skills: maximum five points. Within the last five years, i.e., special training, department training instructor, field training officer.
[8] 
Chief of Police interview: maximum five points.
(3) 
Captain.
(a) 
Notice to fill the vacancy will be posted on the Police Department's bulletin board. It shall contain the information listed in § 80-16B of this policy.
(b) 
Eligible candidates who desire to participate in the promotional process shall notify the Chief of Police in writing within 15 days of the Chief's issuance of the memorandum announcing the promotional process for the vacant position, and shall submit a resume to the Chief of Police within the time constraints delineated in the memorandum.
(c) 
Candidates shall be given an oral examination administered by the New Jersey State Association of Chiefs of Police. A score of at least a 65 must be attained. Any candidate scoring less than a 65 will be eliminated from the remainder of the process. The weighted score of the oral examination will be obtained by multiplying the exam score times 0.2. The oral examination shall cover a range of topics including but not limited to:
[1] 
Attorney General's guidelines.
[2] 
Department policy and procedures.
[3] 
Department rules and regulations.
[4] 
Borough ordinances.
[5] 
NJ Criminal and Motor Vehicle Law.
[6] 
Organizational, administrative, supervisory and leadership skills and knowledge.
(d) 
In addition, candidates shall be evaluated based upon their qualifications as assessed through a review of each candidate's performance and personnel file. The Chief of Police and a designee shall review each candidate's personnel file. A maximum of 49 points will be assessed based upon the following criteria:
[1] 
Education (from an accredited college or university): maximum five points.
[a] 
Associate's degree - one point.
[b] 
Bachelor's degree - two points.
[c] 
Master's degree - three points.
[d] 
Doctoral degree - five points.
[2] 
Military service: maximum two points. To qualify for military service credit, an employee must have accrued four or more years of military service, and have an honorable discharge from service, or be on active/reserve status.
[3] 
Service time: maximum three points. Service time shall be based on the number of completed years in rank as of the date of the announcement of the vacancy. One-quarter point is awarded for each fully completed year of service at the rank of Lieutenant in the Middlesex Police Department. One-tenth point is awarded for each fully completed year of service at the rank of Sergeant in the Middlesex Police Department.
[4] 
Performance appraisals (review of last five years): maximum of 24 points. Scores from the last five years of performance appraisals will be tabulated. Performance evaluations with scoring/rating guidelines 1-6 will be added together and divided by three. Performance evaluations with scoring/rating guidelines 1-4 will be added together and divided by two. The scores are then added together and divided by five to obtain the average score.
[5] 
Commendations (review of last 10 years): maximum five points.
[a] 
Medal of Honor - one.
[b] 
Police Combat Cross - 0.75.
[c] 
Meritorious service - 0.75.
[d] 
Wound medal - 0.75.
[e] 
Perfect attendance citation bar - 0.75.
[f] 
Exceptional service - 0.50.
[g] 
Honorable service - 0.50.
[h] 
Chief's achievement award - 0.50.
[i] 
Life saving - 0.50.
[j] 
Unit citation - 0.25.
[k] 
Certificate of commendation - 0.125.
[6] 
Discipline (review of last 10 years): maximum of five points.
[a] 
No discipline - five points.
[b] 
Oral reprimand - minus one point.
[c] 
Written reprimand - minus three points.
[d] 
Suspension - minus five points.
[7] 
Training and special skills: maximum five points. Within the last five years, i.e., special training, department training instructor, field training officer.
[8] 
Candidates will be interviewed by the Mayor and Council in the same manner as described in § 80-16D(4)(b).
(4) 
Chief of Police.
(a) 
The promotion to the position of Chief of Police shall be the sole prerogative of the Mayor and Council. Only superior officers (Sergeant or higher in rank) are eligible for promotion to Chief of Police. Eligible candidates will be evaluated and rated on a range of criteria to include, but not limited to, a resume, interview with the Mayor and Council, review of performance and personnel file. No minimum score is required in any one section in order to continue to any other section of the promotional process.
(b) 
The candidates will be interviewed by the Mayor and Council, and they will review the candidate's personnel file, work history and job performance, will evaluate recommendations of the incumbent Chief of Police (if applicable), and any written recommendations in the candidate's file from members of the Middlesex Police Department or by other members of the general public, if any, and will also observe the manner in which the candidates answer questions in order to determine his or her ability to assume the duties and responsibilities of the Chief of Police.
(c) 
Final decision for the promotion or appointment shall rest with the Mayor and Council.
E. 
Recommendation for promotion.
(1) 
Notwithstanding § 80-16D(4) (concerning the Chief of Police), scores of the candidates following the promotional process will be tabulated by the Chief of Police.
(2) 
Notwithstanding § 80-16D(4) (concerning the Chief of Police), the Chief of Police will provide the governing body with the names and scores of the three applicants attaining the highest scores along with his/her recommendation for promotion if he/she chooses to make a recommendation.
(3) 
Final decision for the promotion or appointment shall rest with the Mayor and Council and be selected from the three applicants with the highest scores.
F. 
Probationary period. All promotions shall be subject to a one-year probationary period. Officers not successfully completing the one-year probationary period will be returned to their previously held rank.
G. 
Eligibility list. An eligibility list will be established based on the final scores. The eligibility list shall remain in effect for a period of two years from the date posted. Discipline received while on the eligibility list can be considered as part of the promotional process. Any candidate that receives major discipline such as reduction in rank or suspension of more than five days while on the eligibility list will be disqualified and removed from the list.
H. 
Appeals process.
(1) 
All candidates who participate in the promotional process will be allowed to review their scores and evaluations received after the official results are announced and posted, within the time constraints set by the Chief of Police. All appeals shall be submitted to the Chief of Police in the manner described herein.
(2) 
Within 10 days of the release of the scores and ranking of candidates, a candidate may file a written letter of appeal with the Chief of Police. The letter of appeal must contain the reason(s) or justification(s) for an appeal. The Chief of Police will assess the appeal and make a determination of how the appeal will be addressed on a case-by-case basis. Appeals may challenge the following areas of the promotional process only:
(a) 
Review and retabulation of scored elements of the selection process;
(b) 
Review of any evaluation or internal document that was used in the personnel file review process related to the appellant;
(c) 
Seniority calculations.
(3) 
If the appeal impacts upon the results of the promotional ranking as determined by the Chief of Police, the candidate may be permitted to be reevaluated.
A. 
The Mayor and Council of the Borough of Middlesex may appoint, from time to time, special law enforcement officers in accordance with New Jersey Statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and the power of arrest. (N.J.S.A. 40A:14-146.8 et. seq.) The powers and duties of special law enforcement officers shall cease at the expiration of the terms for which they were appointed, or upon revocation of their appointments.
B. 
Qualifications. Qualifications of special law enforcement officers will be those as set forth under New Jersey Statutes.
C. 
Duty assignments. The special law enforcement officers shall not render police services to the Borough, except when expressly assigned to active duty by the Chief of Police.
D. 
Regulations. At all times, special law enforcement officers will be under the direct control of the Chief of Police and, when on duty, special law enforcement officers shall be under the supervision of a regular member of the Police Department, unless otherwise specified in special directive. No special law enforcement officer by virtue of his or her appointment as such shall become a member of the Police Department, and every special law enforcement officer, while on duty, shall abide by all of the rules and regulations and policies and procedures of the Police Department, and any violations of the rules and regulations and policies and procedures may result in immediate dismissal.
E. 
Compensation. Each special law enforcement officer shall receive compensation as provided for in the Salary Ordinance of the Borough of Middlesex.
A. 
Appointment. The Mayor and Council, whenever they deem it necessary, may appoint adult school crossing guards for terms not exceeding one year and may revoke such appointments without cause or hearing, and all appointments shall be made in accordance with the provisions of N.J.S.A. 40A:9-154.1.
B. 
Qualifications. All adult school crossing guards shall meet the requirements for the position as set forth under the provisions of N.J.S.A. 40A:9-154.1 or any amendment thereto.
C. 
Duty assignments. Adult school crossing guards shall perform those duties which are assigned to them by the Chief of Police.
D. 
Regulations. At all times, adult school crossing guards will be under the direct control of the Chief of Police.
E. 
Compensation. Each adult school crossing guard shall receive compensation as provided for in the Salary Ordinance of the Borough of Middlesex.[1]
[1]
Editor's Note: See Ch. 96, Salaries and Compensation.
A. 
The Mayor and Council, whenever they deem it necessary, may appoint police matrons as provided in N.J.S.A. 40A:14-140. No person shall be appointed as a police matron unless she:
(1) 
Is a citizen of the United States and of the State of New Jersey.
(2) 
Is at least 21 years of age.
(3) 
Is able to read, write and speak the English language well and intelligently.
(4) 
Is sound in body and of good health.
(5) 
Is of good moral character.
(6) 
Has not been convicted of any criminal offense involving moral turpitude.
(7) 
Has a valid New Jersey driver's license.
B. 
Every such police matron shall have her fingerprints taken, and they shall be filed with the Division of State Police and the Federal Bureau of Investigation. She shall be under the supervision and direction of the Chief of Police and shall comply with all applicable Police Department rules and regulations.
The Mayor and Council may provide for the appointment of a police chaplain in accordance with the provisions of N.J.S.A. 40A:14-141 et seq.
The Mayor, as the designated appropriate authority, shall make rules and regulations concerning the conduct and duties of the officers and men, the kinds of uniform and insignia to be worn by them and concerning such other matters as may be necessary for the proper regulation of the Police Department, and when the same have been adopted by ordinance by the Mayor and Council, they shall be known as the "Rules and Regulations for the Government of the Police Department of the Borough of Middlesex"[1] and shall be binding upon each member and employee of the Department, and any neglect by any member of the Police Department to carry out each and every rule and regulation or order, as aforesaid, shall be held to be sufficient cause for his or her dismissal from the Department.
[1]
Editor's Note: See Art. II of this chapter.
The Chief of Police is hereby empowered to adopt policies and procedures for the various aspects of day-to-day police operations. The rules and regulations promulgated by the appropriate authority and adopted by ordinance by the governing body are guidelines outlining the acceptable and unacceptable behavior of personnel and are typically broad in nature, while policies are detailed statements of procedures which cover the various aspects of day-to-day police operations. Rules and regulations provide the framework for the effective management of a Police Department, whereas policies and procedures flesh out the details for all manner of police operations.
[Adopted 9-28-1993 by Ord. No. 1292-93]
The Police Department of the Borough of Middlesex is established pursuant to N.J.S.A. 40A:14-118 and Middlesex Borough Ordinance No. 1268. [1]The Middlesex Borough Police Department shall after be called the "Department."
[1]
Editor's Note: Ordinance No. 1268 is included in Art. I of this chapter.
A. 
Rules and regulations established. The appropriate authority of the Borough of Middlesex[1] hereby adopts and promulgates the Department Rules and Regulations, known as the "Middlesex Borough Police Department Rules and Regulations" and after this called the "rules."
[1]
Editor's Note: See § 80-5 above for determination of the "appropriate authority."
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. 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. Employees shall be responsible for maintaining 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.
A. 
As used herein, the words "may" or "should" mean that the action indicated is permitted.
B. 
The words "shall" and "will," as used herein, shall indicate that the action required is mandatory.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORITY
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. Acts performed without proper authority or authorization shall be considered to be in violation of the rules.
CHAIN OF COMMAND
Vertical lines of communication, authority and responsibility within the organizational structure of the Department.
DAY OFF
Those days determined by the appropriate supervisor on which a given employee is excused from duty.
DIRECTIVE
A document detailing the performance of a specific activity or method of operation. "Directive" includes:
(1) 
GENERAL ORDERBroadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the Department.
(2) 
PERSONNEL ORDERA directive initiating and announcing a change in the assignment, rank or status of personnel.
(3) 
SPECIAL ORDERA directive dealing with a specific circumstance or event that is usually self-canceling.
EMPLOYEE
All employees of the Department, whether sworn regular or special police officers or civilian employees.
ORDER
Any written or oral communication issued by a supervisor to any subordinate or group of subordinates in the course of police duty.
POLICY
A statement of Department principles that provides the basis for the development of procedures and directives.
PROCEDURE
A written statement providing specific direction for performing Department activities. Procedures are implemented through policies and directives.
SUPERVISOR
Employee who, by virtue of rank or assignment, is responsible for the direction or supervision 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 the Department's 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. 
Exercise authority consistent with the obligations imposed by the oath of office and in conformance with the policies of the Department.
C. 
Abide by all rules, regulations, policies and procedures and directives governing police officer employees.
D. 
Be accountable and responsible to their supervisors for obeying all lawful orders.
E. 
Coordinate their efforts with other employees of the Department to achieve Department objectives.
F. 
Conduct themselves in accordance with high ethical standards, on and off duty.
G. 
Strive to improve their skill and techniques through study and training.
H. 
Familiarize themselves with the area of authority and responsibility for the current assignment.
I. 
Perform their duties promptly, faithfully and diligently.
J. 
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 its efficiency and day-to-day operations. 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 employees.
B. 
Have, exercise and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all employees.
D. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control.
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.
It is the responsibility of the Chief of Police to:
A. 
Establish and maintain the efficient operation of the Department.
B. 
Organize, control and maintain all property and resources of the Department.
C. 
Develop the written organizational structure of the Department, including the chain of command and duty assignments.
D. 
Develop and implement policies and procedures necessary to govern and direct the day-to-day operations of the police Department.
E. 
Provide for the proper training of all Department employees.
F. 
Provide for periodic inspections of all police operations to insure compliance with Department rules, policies and procedures.
G. 
Maintain the overall discipline of the Department.
H. 
Maintain a constructive relationship with the public, community organizations, the media and other law enforcement agencies.
I. 
Prepare and submit the annual budget and proposed expenditure programs to the appropriate authority or other designated officials.
J. 
Allocate funds within the budget which are appropriated by the governing body.
K. 
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 Department procedures and directives governing civilian employees.
A. 
Performance of duty. All employees shall promptly perform their duties as required or directed by law, Department rule, policy or directive, or by lawful order of a superior officer.
B. 
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.
C. 
Obedience to laws and rules. Employees shall obey all laws of the State of New Jersey, all municipal ordinances and all rules, policies and procedures and directives of the Department.
D. 
Withholding information. Employees shall immediately report any information concerning suspected criminal activity of others.
E. 
Reporting violations of law or rules. Employees knowing of other employees violating laws of the State of New Jersey, municipal 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.
F. 
Insubordination. Employees shall not:
(1) 
Fail or refuse to obey a lawful order given by a supervisor.
(2) 
Use any disrespectful or abusive behavior or language toward a supervisor.
G. 
Conduct toward other Department employees. Employees shall treat other Department employees with respect. They shall be courteous and civil at all times in their relationship with one another. When on duty and in the presence of the public, officers should be referred to by rank.
H. 
Compromising criminal cases. Employees shall not interfere with the proper administration of criminal justice.
I. 
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.
J. 
Posting bail. Employees shall not post bail for any person in custody, except relatives.
K. 
Use of force. Employees shall follow Department policy and procedure on the use of force.
A. 
Physical fitness. Police officers shall maintain good physical condition so that they can handle the strenuous physical activities often required of a law enforcement officer.
B. 
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 Chief of Police in writing.
C. 
Address and telephone numbers. Employees are required to have a telephone in the place where they reside and shall provide their address and telephone number to the Chief of Police. Changes in address or telephone number shall be reported in writing to the Chief of Police within 24 hours of the change.
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.
A. 
Questions regarding orders. Employees in doubt as to the nature or detail of an order shall seek clarification from their supervisors by going 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. An employee receiving an unlawful or improper order shall, at the 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.
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 which may be authorized by law and Department policy.
C. 
Disposition of unauthorized gifts or 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 two 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:
(1) 
Is absolutely necessary in the performance of duty;
(2) 
Has been approved by the appropriate supervisor;
(3) 
Does not render the employee unfit for proper and efficient performance of duty.
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. 
Supervisor's 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 premise. 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.
A. 
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 without first notifying their supervisor.
B. 
Notification about medication. When employees are required to take any prescription medication or any nonprescription medication which may diminish their alertness or impair their senses, the employees shall notify their 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.
C. 
This department shall conduct random drug testing of police officers in accordance with the drug testing policy of the Attorney General of New Jersey.
[Added 4-8-2003 by Ord. No. 1580]
A. 
Reporting for duty. Employees shall report for duty at the time and place specified, properly attired 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 (AWOL). 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 in activities which are not directly related to the performance of their duty (e.g., sleeping, conducting private business, gambling, etc.).
D. 
Smoking while on duty. Employees shall not smoke or use other tobacco products on duty except in authorized areas. Employees shall not smoke or use other tobacco products on duty while in direct contact with the public.
E. 
Personal radios. The use of portable radios, tape players/recorders and any other form of entertainment 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.
I. 
Inspections. Employees directed to attend full dress inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspections shall be considered AWOL.
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 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 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.
Employees, while on duty, shall be neat and clean in person, with uniforms 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.
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 carrying, handling and care of firearms.
D. 
Care of Department property and equipment. Employees are responsible for the proper care of Department property and equipment assigned to them.
E. 
Use of Department property and equipment. Employees shall not use any Department property or equipment for personal business except as provided for in Department policy.
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 of 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 Chief of Police or his designee.
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 Chief of Police or his designee, except those areas designated for use by the collective bargaining unit(s).
A. 
Employees shall not use any Department vehicle without the permission of a supervisor. Department vehicles shall not be used for personal business except as provided for in Department policy.
B. 
Transporting citizens. Citizens will be transported in Department vehicles only in conformance with Department policy.
C. 
Operation of Department vehicles. When operating Department vehicles, employees shall not violate traffic laws, except when necessary in the performance of their duties, and then only in conformity with state law and Department policy and procedure.
D. 
Reporting accidents. Accidents involving Department personnel, property equipment and vehicles must be reported in accordance with Department policy and procedure.
A. 
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.
B. 
Under suspension. Any employee under suspension shall immediately surrender his or her identification, firearm (if applicable) and all other Department property, as ordered, to the appropriate supervisor pending disposition of the case.
A. 
Restrictions. Employees shall:
(1) 
Not use Department letterheads for private correspondence.
(2) 
Only send correspondence out of the Department under the direction of the appropriate supervisor.
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 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 procedure and restrictions for such operations as set forth in Department policy and procedure and by the Federal Communications Commission (FCC).
A. 
Courtesy. Employees shall be courteous and orderly in their contacts with the public. They shall perform their duties politely, avoiding profane or abusive language and shall always remain calm regardless of provocation.
B. 
Request for identification. Upon request, employees are required to supply their identification 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 or influence.
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.
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 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 subpoena. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court official.
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 Chief of Police immediately upon receipt of the subpoena.
E. 
Department investigation. 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 Chief of Police.
H. 
Civil depositions and affidavits. Employees shall confer with the Chief of Police 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 Chief of Police.
J. 
Civil process. Employees shall not serve civil process or assist in civil cases unless such service is approved by the appropriate supervisor.
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.
A. 
Scheduled days off. Employees are entitled to days off pursuant to appropriate collective bargaining agreements and are to be taken according to a schedule arranged by the appropriate supervisor.
B. 
Vacation leave. Employees are entitled to vacation days off pursuant to collective bargaining agreements, Department policy and procedure and approval of the vacation schedule by the appropriate supervisor.
C. 
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.
D. 
Sick leave. Employees are entitled to sick days off pursuant to appropriate collective bargaining agreements and Department policy and procedures.
E. 
Abuse of sick leave. Employees who take sick leave in violation of Department policy shall be subject to disciplinary action.
F. 
Suspension of leave. Any vacation leave, scheduled day off or other leave of absence may be suspended when an emergency which 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.
All resignations of employees must be in writing to the Chief of Police and must bear the signature of the person resigning. Officers shall provide no less than four weeks' written notice and civilian employees shall provide no less than two weeks' written notice.
A. 
Disciplinary action. Employees, regardless of rank or assignment, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for:
(1) 
Committing an offense or crime punishable under the laws or statutes of the United States, the State of New Jersey or any other state or municipal ordinances.
(2) 
Failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment.
(3) 
Misconduct in office.
(4) 
Violation of any rule, policy, procedure or directive of the Department.
(5) 
Failure to obey any lawful instruction, order or command.
B. 
Disciplinary action in all cases will be decided on the merits of each case and in conformity with controlling state law.
C. 
Establishing elements of violation. Existence of facts establishing a violation of the law, ordinance or rule is all that is necessary to support any allegation of such violation as a basis for disciplinary action. Nothing in this manual shall prohibit charging or disciplining an employee merely because the alleged conduct or omission that supports the charge or disciplinary action does not appear herein, in Department order, or in laws and ordinances within the cognizance of the Department.
The following penalties may be assessed against any employee of the Department as disciplinary action:
A. 
Oral reprimand.
B. 
Written reprimand.
C. 
Voluntary surrender of time off in lieu of other action.
D. 
Loss of promotion opportunity.
E. 
Suspension without pay.
F. 
Demotion.
G. 
Dismissal.
A. 
Authority. Except as otherwise provided in N.J.S.A. 40A:14-147 to 40A:14-151 inclusive, and municipal ordinances, the Department disciplinary authority and responsibility shall rest with the Chief of Police.
[Amended 10-27-2020 by Ord. No. 2010]
B. 
Exceptions. Department discipline must be taken or approved by the Chief of Police, with the exception of:
[Added 10-27-2020 by Ord. No. 2010[1]]
(1) 
Oral reprimands.
(2) 
Emergency suspensions, either pursuant to § 80-61 of this Code or as conferred by statute or regulation.
(3) 
In circumstances where the Chief of Police is or may be subject to disciplinary action arising out of the same course of conduct that is the subject of the discipline, the appropriate authority may exercise its performance oversight pursuant to N.J.S.A. 40A:14-118 and take or approve discipline of a member of the Department subordinate to the Chief of Police.
(4) 
In circumstances where the Chief of Police has recused himself or herself from consideration of the matter due to a conflict of interest under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or in the event the Chief of Police has been disciplined pursuant to any section thereof, the appropriate authority may exercise its performance oversight pursuant to N.J.S.A. 40A:14-118 and take or approve discipline of a member of the Department subordinate to the Chief of Police.
[1]
Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.
C. 
Discipline by supervisory personnel. Other supervisory personnel may take the following disciplinary measures.
(1) 
Oral reprimand.
(2) 
Written reprimand (subject to approval by the Chief of Police, notwithstanding Subsection B hereof).
[Amended 10-27-2020 by Ord. No. 2010]
(3) 
Emergency suspension until the next business day.
(4) 
Written recommendation for other penalties.
A. 
Emergency suspensions. Employees shall not be suspended or suffer any loss in benefits until after the employee has had a departmental hearing and has been found guilty, except in cases of a severe nature, when the Chief of Police deems the suspension of the employee of immediate necessity for the safety of the public or the welfare of the Department. The Chief of Police shall immediately submit a report explaining such action to the appropriate authority.
B. 
Emergency interdepartmental disciplinary action. When the improper conduct of an employee of one unit is of such nature that immediate or emergency disciplinary action is required of a command or supervisory officer of another division, such action may be taken at once within the following limitations.
(1) 
Oral reprimand.
(2) 
Emergency suspension until the next business day.
C. 
Follow-up emergency suspensions. An employee receiving any emergency suspension shall report to the Chief of Police on the next business day at 9:00 a.m. 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.
Interdepartmental oral reprimand. When the commanding or supervisory officer of one division orally reprimands an employee of another division, he shall notify the supervisor of the employee so disciplined as soon as possible. He shall also submit a written report of this action and reason therefor to his commanding officer and also to the commanding officer of the employee.
A. 
Whenever disciplinary action is taken or recommended, a written report must be submitted immediately, in triplicate, containing the following information:
(1) 
The name, rank and present assignment of the employee being disciplined.
(2) 
The date, time and location of the misconduct.
(3) 
The section number of the violated rule and common name of the infraction.
(4) 
A complete statement of the facts of the misconduct.
(5) 
The punishment imposed or recommended.
(6) 
The name, rank and signature of the preparing officer and his position in relation to the employee being disciplined.
B. 
Distribution of reports of disciplinary action. Reports shall be distributed as follows by the individual imposing or recommending the disciplinary action:
(1) 
Original to the Chief of Police.
(2) 
Copy to the employee's commanding officer.
(3) 
Copy retained by individual imposing or recommending discipline.
C. 
Informing the person being disciplined. The 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 command or supervisory officer observes or is informed of the misconduct of another employee which indicates the need for disciplinary action, he shall take authorized and necessary action and render a complete written report of the incident and of his actions to his commanding officer.
A. 
Disciplinary guide. The offenses herein shall guide the Chief of Police in administering fair and uniform penalties for violations of the Department rules.
B. 
Penalty guide. Penalties for offenses listed shall in no way limit any penalty which the Chief of Police may impose. Violations in excess of the number listed are subject to increased penalties, including dismissal.
C. 
Offenses not listed. Offenses not included in the following list shall result in penalties similar to those specified for similar offenses of comparable seriousness.
D. 
Repeated violations. Repeated violations of the rules of conduct shall be indicative of an employee's disregard for their duty and may be cause for dismissal. This shall apply regardless of the type of severity of offense.
E. 
Suspension, fine and demotion for disciplinary purposes. An appointing authority may suspend without pay, or with reduced pay, fine or demote an employee due to inefficiency, incompetency, misconduct, negligence, insubordination or for other sufficient cause.
F. 
Causes for removal. Any one of the following shall be cause for removal from the service, although removals may be made for sufficient cause other than those listed:
(1) 
Neglect of duty.
(2) 
Incompetency or inefficiency.
(3) 
Incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Intoxication while on duty.
(6) 
Chronic or excessive absenteeism.
(7) 
Disorderly or immoral conduct.
(8) 
Willful violation of any of the provisions of the rules, regulations or other statutes relative to the employment of Middlesex Borough public employees.
(9) 
The conviction of any criminal act or offense.
(10) 
Negligence of or willful damage to public property or waste of public supplies.
(11) 
Conduct unbecoming an employee in the public service.
(12) 
The use or attempt to use one's authority or official influence to control or modify the political action of any person.
A. 
The following are charges and their associated penalties.
(1) 
Accepting bribes or gratuities for permitting illegal acts: first offense, dismissal.
(2) 
Involved in a crime of moral turpitude that negatively affects the operation of the Department: first offense, dismissal.
(3) 
Repeated violations of the Department Rules and Regulations, or any other course of action indicating that the employee has little or no regard for their responsibility as an employee of the Department: first offense, dismissal.
(4) 
Sexual harassment.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(5) 
Failure to report, in writing, offers of bribes or gratuities to permit illegal acts.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(6) 
Failure to comply with the Chief's orders, directives, regulations, etc., oral and/or written, and also those of superiors and supervisors.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(7) 
Allowing a prisoner to escape through carelessness or neglect.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(8) 
Knowingly and willfully making a false entry in any departmental report or record.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(9) 
Intoxication on duty.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(10) 
Willfully damaging police Department property and/or equipment.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(11) 
Interference with police radio broadcast and/or tampering with police radio.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(12) 
Removing official documents from the Department without permission.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(13) 
Communicating or imparting confidential police information, either in writing or verbally, to unauthorized persons.
(a) 
First offense: reprimand in dismissal.
(b) 
Second offense: dismissal.
(14) 
Failure to take appropriate action concerning illegal activities, including vice conditions, and/or to make a written report of the same to a commanding officer.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(15) 
Failure of employee to remain at his or her assignment and on duty until properly relieved by other employees or until dismissed by competent authority.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: dismissal.
(16) 
Neglect of duty.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(17) 
Associating, fraternizing or transacting business at any time or in any manner whatsoever with known criminals or persons engaged in unlawful activities.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(18) 
Participating in illegal games of chance or illegal gambling while on duty.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(19) 
Soliciting for attorneys, bondsmen or other business persons or firms.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(20) 
Intoxication off duty in uniform.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(21) 
Intoxication off duty, not in uniform, and arrested.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(22) 
Refusal to obey proper orders from a superior.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(23) 
Improper use, handling or display of firearms.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(24) 
Failure to possess and maintain a current and valid New Jersey State vehicle driver's license.
(a) 
First offense: reprimand to dismissal.
(b) 
Second offense: reprimand to dismissal.
(c) 
Third offense: dismissal.
(25) 
Fighting or quarreling with employees of the Department as prescribed in this code.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(26) 
Failure to property supervise subordinates; or to prefer disciplinary charges; or to take other appropriate disciplinary action.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(27) 
Failure to thoroughly search for, collect, preserve and identify evidence or persons' property and locations in any arrest or investigation.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(28) 
Failure to properly care for assigned equipment and vehicles or damaging same due to neglect.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(29) 
Failure to follow Department procedures for the handling of evidence, personal effects and all other property taken into custody.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(30) 
Appearing to give testimony as a character witness for a defendant in a criminal trial or inquiry without prior written approval from the Chief of Police.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(31) 
Failure to properly patrol district; unauthorized absence from assignment; failure to respond to radio calls; idle conversation or loafing.
(a) 
First offense: reprimand to 30 days.
(b) 
Second offense: reprimand to 60 days.
(c) 
Third offense: reprimand to dismissal.
(32) 
Asleep on duty.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(33) 
Absence without leave for less than five consecutive working days.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(34) 
Failure to conduct proper, thorough and complete investigations.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(35) 
Using rude or insulting language or conduct offensive to the public.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(36) 
Publicly criticizing the official action of a superior officer.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(37) 
Odor of alcoholic beverage on breath when on duty.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(38) 
Failure to recognize and satisfy any just debts which negatively affect the Department.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(39) 
Conduct subversive to the good order and the discipline of the Department.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(40) 
Intoxication off duty in part of uniform.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(41) 
Using profane or insulting language to a superior officer.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(42) 
Failure to report as a witness when duly notified or subpoenaed.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(43) 
Soliciting money or other valuable things without proper authorization.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(44) 
Instituting civil action arising from police duty without notifying the Chief of Police.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(45) 
Giving a verbal or written report of any incident without approval of the commanding officer.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(46) 
Being found in any alcoholic beverage licensed establishment, in full uniform, while not in the performance of duty.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(47) 
Possession of alcoholic beverages on the person in police vehicle or on any police property, not duty related.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(48) 
Failure to be at address of confinement without good cause after reporting sick.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(49) 
Failure to obtain any required medical treatment or certificate while on sick leave.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(50) 
Failure to submit properly written required report within a reasonable or prescribed period of time.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(51) 
Having operated private vehicle on duty without authorization.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(52) 
Failure to carry badge, firearm and other required equipment when on duty.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(53) 
Changing residence or telephone number without giving prompt and proper notification.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(54) 
Unexcused tardiness.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(55) 
Unauthorized persons in police vehicle.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(56) 
Untidy appearance and dress while in uniform.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(57) 
Not in full prescribed uniform.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(58) 
Failure to give prescribed identification when answering the telephone.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(59) 
Refusal to give name and badge number when properly requested.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(60) 
Reading newspapers, books or periodicals while in full view of the public where it would represent an affront to same.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(61) 
Unauthorized press releases and statements.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(62) 
Leaving Borough limits while on duty, except on official business or with authorization.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(63) 
Conducting personal business on duty without permission.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
(64) 
Failure to observe traffic laws or unnecessary speeding.
(a) 
First offense: reprimand to 10 days.
(b) 
Second offense: reprimand to 30 days.
(c) 
Third offense: reprimand to dismissal.
Whenever an internal investigation establishes reasonable belief that an employee is guilty of violating a departmental rule or regulation, penalty for which is to be permanently reflected on the employee's personnel record, charges shall be prepared by the proper authority and personally served upon the respective employee. The charges shall contain:
A. 
The name, rank and present assignment of the person being charged.
B. 
The charges (rules and regulations) allegedly violated.
C. 
Specification of the alleged facts upon which the charges are based.
D. 
Notification of whether the employee is suspended pending the determination of the hearing.
E. 
The date, time and location at which the hearing is scheduled.
F. 
The penalties which may be imposed against the employee being charged.
G. 
The signature of the charging officer and his official title.
A. 
The disciplinary hearing shall be scheduled during the business day, but no sooner than 10 days and no later than 30 days after said notice is personally served upon said employee subject, of course, to the granting of reasonable requests for postponements by said employee.
B. 
Where a disciplinary hearing has been postponed at the request of the respective employee pending the determination of criminal or quasi-criminal charges filed in the basis of the same factual situation which gave rise to the charges, said hearing must be held within 30 days after the initiating authority receives notice of such authority that judicial determination has been made is that of the respective employee.
C. 
"Personal service" means actual service upon the employee, as well as actual service upon any members of the employee's family over 18 years of age residing in the residence of said employee.
D. 
Disciplinary hearings may, at the option of the employee charged, be public in nature; however, within the bounds of reasonableness and good order.
E. 
Every employee formally charged with the violation of a Department rule or regulation shall have the opportunity to testify in his own defense, produce relevant evidence in support of his defense, produce competent witnesses to testify to relevant matters in support of his defense and cross examine any witness who has testified against him.
A. 
The Chief of Police may serve as the Hearing Officer, or may delegate the duty to another officer of the Department.
B. 
In order that all parties may be afforded a fair and equal opportunity to be heard and that the Hearing Officer may be completely informed in the matter and enabled to render a proper determination based on all the facts and applicable law and rules, all hearings shall be conducted in an informed manner, without reference to any formal rules or procedures.
C. 
The Hearing Officer may, at his discretion, clear the hearing room of all persons, including the witnesses not under examination or testifying. When the evidence pertains to scandalous or indecent conduct of any sort or is such that its public disclosure would not be in the best interest of the public and might do irreparable harm to any person or persons not party to the hearing, the Hearing Officer may exclude all persons not having a direct interest in the matter being heard.
D. 
The Hearing Officer shall admit all testimony having reasonable, probable value, but shall exclude immaterial, irrelevant or unduly cumulative testimony.
E. 
The Hearing Officer shall give effect to the rules of privileges as provided by law, but no person shall be excused from testifying or presenting evidence on the grounds of possible self-incrimination.
The employee is presumed innocent, and the burden of proof is upon the Department to prove the employee's guilt by a preponderance of the credible evidence presented during the hearing. All hearings may, in the discretion of the Hearing Officer, be recorded by:
A. 
A certified shorthand reporter.
B. 
Stenographers duly sworn to make an accurate stenographic recording of the proceeding.
C. 
Sound recording device to be operated under the supervision and direction of the Hearing Officer.
A. 
After considering all the evidence in support and in defense of the particular charge of misconduct, the Hearing Officer shall consider same and render his verdict as soon as practical thereafter.
B. 
Although the verdict may be verbal at the time of the hearing, the determination must be reflected in a written decision which must be personally served upon the employee as soon as practical after the termination of the disciplinary hearing.
C. 
Although the verdict shall be rendered in the manner referred to above, where the penalty is in excess of five days' suspension without pay or its monetary equivalent, said penalty shall not be imposed or carried out until the time for filing of an appeal has elapsed. This shall not apply to immediate and/or emergency suspensions.
Any employee of the Department who has been tried and convicted upon any disciplinary charge or charges may obtain review in the Superior Court. Such review shall be obtained by serving a written notice of an application therefor upon the officer or board whose action is to be reviewed within 10 days after written notice to the employee of the conviction. The officer or board shall transmit to the court a copy of the record of such conviction and of the charge or charges for which the employee was tried. The court shall hear the case de novo on the record below and may either affirm, reverse or modify such conviction. If the employee shall have been removed from his position, the court may direct that he be restored to such position and all his rights pertaining thereto and may make such other order judgment as said court shall deem proper. Either the Department or the employee may supplement the record with additional testimony subject to the rules of evidence.
A. 
Each employee is entitled to a hearing before the Chief of Police, or his designee, for any charge which shall become a permanent record in the employee's personnel file.
B. 
Other than the official findings and attendant penalties, every internal investigation and subsequent Department hearing shall be considered privileged and confidential information and shall not be made public and/or released to any nongovernmental agency.
C. 
No employee shall be found guilty of violating a Department rule or regulation unless the Hearing Officer finds that a preponderance of the credible evidence substantiates the specific charges of the particular case.
D. 
Although every employee has a duty to answer truthfully and directly all questions and submit to any and all forms of investigative efforts when so ordered or questioned by a superior officer, said duty only applies to questions and investigation which directly relate to one's official duties or directly bears on one's fitness for continued employment.
E. 
Although the Department can utilize any form of investigative procedure pursuant to an internal investigation which is fair and reasonably calculated to achieve its objective, the nature or utilization of same must not violate the basic concepts of procedural and substantive due process of law.
F. 
All questions and investigative efforts must be limited to the investigation of matters in which the Department has a legitimate interest. Accordingly, questions must be specifically, directly and narrowly related to the performance of the employee's official duties.
G. 
Although cooperation of an employee is demanded under threat of disciplinary action (including job forfeiture), said employee shall not be questioned or subjected to investigative efforts under circumstances which would render such statement void as being coerced. Prolonged interrogations, threats of force, hostility or over-aggressiveness by interrogators shall render any statement or employee's response void for all purposes.
H. 
Exclusive of normal duties, no employee shall be expected to answer questions or submit to other forms of investigative efforts until he is advised of the following:
(1) 
Whether he is being questioned or required to submit to investigative efforts as a suspect or witness.
(2) 
The identity of his interrogator, as well as the identity of all persons present at the time of interrogation.
(3) 
The nature of the investigation and facts sufficient to apprise the employee of the existing allegations.
I. 
All questioning or other investigative efforts shall be completed with reasonable dispatch and, where practical, said employee should be made as comfortable as possible so as not to offend the concepts of procedural and substantive due process of law.
J. 
Under circumstances where the alleged violation of Department rules and regulations involve or could possibly involve criminal prosecution, the employee shall be advised of his constitutional rights against self-incrimination (Miranda warning) which he may invoke with respect to possible criminal prosecutions.
K. 
No questioning or other investigative effort shall be initiated arbitrarily for personal or other reasons that are unrelated to the maintenance of Department efficiency or integrity.
L. 
All questioning and investigative efforts shall be limited in scope to activities, circumstances and events which pertain to an employee's conduct which may form the basis for disciplinary action under one both of the following two categories:
(1) 
Commission of a crime or quasi-criminal offense of misconduct that would be grounds for removal.
(2) 
Not being qualified for continued employments with the Department.
M. 
A formal charge must be filed against an employee within a reasonable time after which the existence of the alleged or suspected misconduct is made known, or should have been made known, to the Department, in accordance with state statutes.
N. 
An employee is entitled to legal counsel or organizational representation, at his own expense, during the investigative stages of an internal investigation, and every employee has a right to legal counsel and/or organizational representation, at his own expense, during a disciplinary hearing.
O. 
At no time during an internal investigation shall any employee be subjected to offensive language, nor shall he be threatened with transfer dismissal or other disciplinary punishment. No promise or reward shall be made as an inducement to answering questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his conduct can become the subject of disciplinary action resulting in disciplinary punishment.
P. 
No employee shall be ordered or asked to submit to a polygraph test for any reason. Such test may be given, however, if requested by the employee.
Q. 
An employee may be ordered or asked to submit to a blood test, a Breathalyzer or any other test to determine the percentage of alcohol or drugs in the blood for any reason except as otherwise provided by specific statutory law. Such test(s) must be given if requested by the employee.
R. 
As a general rule, when an employee is charged with the violation of a departmental rule or regulation, said employee shall continue to perform the assigned duties of his position until such time as the judicial determination duly rendered pursuant to a departmental hearing necessitates a discontinuance of same. However, where the nature of the employee's position is such that the public trust relationship, when considered against the nature of the alleged charge of misconduct, would dictate the immediate temporary termination reassigned to another less sensitive position within the Department pending the departmental hearing.
S. 
Notwithstanding the above-mentioned general policy, whenever it proves physically impossible to reassign said employee to any duties whatsoever, and/or the alleged misconduct indicates a physical, mental or emotional condition inconsistent with the continued performance of any departmental duty whatsoever, the interest of the public welfare may require suspension from duty pending a departmental hearing. In such case, the employee may continue on salary, at the discretion of the appointing authority, in accordance with state statutes.
[Added 2-24-2009 by Ord. No. 1745; amended 4-25-2017 by Ord. No. 1913; 5-13-2022 by Ord. No. 2058; 4-11-2023 by Ord. No. 2082; 6-17-2025 by Ord. No. 2153]
A. 
The Middlesex Borough Police Department shall charge a fee as provided herein when providing off-duty police officers and/or police vehicles for police extra-duty jobs to assist contractors or other persons or companies in need of such services. The charge for use of off-duty police officers to provide this type of service is $100 per hour for road jobs, plus the charge for use of a police vehicle as provided in paragraph C below. Third party vendor costs shall be passed through to the entity requesting off-duty police traffic control services. There shall be a four-hour minimum charge for all extra-duty road jobs hereunder. Cancellations must be received by the Middlesex Borough Police Department not less than two hours prior to the scheduled start of any extra-duty job. Failure to cancel at least two hours prior to the scheduled start of any extra-duty job shall result in a four-hour minimum charge hereunder.
B. 
All other extra-duty jobs and jobs sought by nonprofit religious and/or charitable organizations or the Middlesex Fire Department, Rescue Squad or the Middlesex Board of Education shall be charged at the police officer's regular time and one-half (1.5) rate.
C. 
Rate of compensation for usage of a Department vehicle shall be $15 per hour, except that if the Borough is paying for any road improvement job, such fee shall be waived.