[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
[Adopted 12-4-1989 by Ord. No. 89-14 (Ch.
40, Art. I, of the 1985 Code)]
This article shall be known as the "Police Ordinance
Establishing Disciplinary Procedures for the Police Department of
the Borough of Woodcliff Lake."
For the purposes of this article, the following
terms shall have the meanings indicated:
A member of the Woodcliff Lake Police Department as defined
in the Code of the Borough of Woodcliff Lake, County of Bergen, State
of New Jersey.
The Mayor and Council of the Borough of Woodcliff Lake as
established and otherwise defined in the Code of the Borough of Woodcliff
Lake, County of Bergen, State of New Jersey.
Any member of the Borough of Woodcliff Lake Police Department
as defined in the Code of the Borough of Woodcliff Lake, County of
Bergen, State of New Jersey.
Any police officer who shall violate any statute
of the State of New Jersey or ordinance, rule or regulation promulgated
by the Borough of Woodcliff Lake regulating the performance and conduct
of police officers or who shall be charged with an act of insubordination
to a senior officer or who shall otherwise act in a manner inconsistent
with that becoming a police officer, whether committed on or off duty,
shall be subject to the procedures herein established for the discipline,
suspension and termination of police officers.
A.
The Mayor and Council shall be deemed the appropriate
authority before which complaints for the discipline, suspension or
termination of police officers shall be heard.
B.
Action of the authority shall be determined by majority
vote of a quorum of the full membership of the Mayor and Council hearing
and deliberating on the complaints brought before said authority.
C.
The governing body shall render its decision on those
complaints brought before it not later than 30 days from the termination
of each proceeding, which decision shall be in writing setting forth
a statement of findings of fact, conclusions and action taken by the
authority, a copy of which shall be filed in the office of the Municipal
Clerk and served upon the Chief of Police and member of the Department
affected by said decision.
The governing body shall invoke such penalty
upon a finding of guilt as may be mandated by the legislature of the
State of New Jersey or by ordinance of the Borough of Woodcliff Lake,
provided that in such cases where no mandatory penalty is prescribed,
the governing body shall impose such penalty as is deemed appropriate,
taking into consideration the severity of the offense and the fitness
of the police officer to continue to function as such as may be mitigated
by such officer's past performance and years of service.
Proceedings before the governing body shall
be commenced upon the written complaint of the Chief of Police, or,
upon his failure or refusal to do so, the written complaint of the
Municipal Administrator, setting forth the name of the police officer
charged with the violation of his duties in performance as hereinbefore
stated and a brief statement of the acts upon which the disciplinary
proceeding has been brought, together with a statement that the police
officer charged shall be entitled to attend the hearing before the
Mayor and Council, whereat he shall be entitled to be represented
by an attorney. Said notice shall further state that in the event
that the governing body determines that the police officer is guilty
of the violation charged, said officer shall be subject to discipline
in the form of suspension or termination.
A.
Hearings under the provisions of this article shall
be commenced within 30 days after the service of the written complaint
upon the police officer.
B.
A copy of the complaint shall be filed with the Mayor
and Council not later than five days from its service on the police
officer.
C.
Written notice of the date of hearing shall be served
upon the police officer against whom a complaint has been filed not
later than 10 days next preceding the date scheduled for hearing.
D.
Service upon the appropriate parties herein shall
be made personally or by certified mail, return receipt requested.
In any instance wherein there is charged a minor
infraction of a rule or regulation or directive of a superior officer
committed in the day-to-day operation of the Police Department, the
officer charged, upon receipt of a written complaint, may waive his
right under the within proceedings, in which event the Chief of Police
shall determine the penalty to be imposed upon the officer, which
penalty shall not exceed a suspension of more than five working days
without pay; provided, further, that no such waiver shall be permitted
in those instances wherein there is a likelihood that the penalty
as may be imposed shall exceed such suspension period.
Notwithstanding anything herein to the contrary,
the Chief of Police may suspend summarily any police officer, upon
the service of a complaint and pending hearing, who has been charged
with a violation as aforesaid under such circumstances as in the reasonable
judgment of the Chief of Police the continuance of said police officer
in the performance of his duty may result in endangerment to himself
or to members of the public.
[Adopted 2-22-2016 by Ord. No. 16-01]
Pursuant to N.J.S.A.40 A:9-7, police officers injured on duty,
who are unable to perform their regular police duties because of such
injury, will be paid a maximum of their regular rate of pay for a
period of not in excess of 52 weeks for each new and separate service-connected
sickness, injury, or disability, commencing on the first day of such
service-connected injury or disability, provided that the examining
physician appointed by the Borough certifies as to such sickness,
injury, or disability. Payments made to police officers under this
section are meant to be in the nature of workers’ compensation
and any disability benefits paid to police officers hereunder will
be paid over to the Borough.
