The Mayor and Council believe that it is necessary to establish
discipline and proper respect for authority within Borough of Westville
Police Department and towards that end find and determines as follows:
A.
"Discipline" has been defined as conditioning which corrects, molds,
strengthens, and perfects. It is directed towards development of competent
police officers who wish to conform to desirable patterns of conduct
and who are capable of performing their duties promptly and efficiently.
B.
Proper discipline stimulates harmony and efficiency within an organization
and facilitates the coordination of effort. It promotes high morale
and encourages public acceptance and support. Sound discipline and
its attendant benefits can be achieved by police supervisors who are
alert to its importance.
The Mayor and Council shall make rules and regulations governing
the conduct and duties of command officers, police officers, and special
law enforcement officers, the kinds of uniforms and insignia to be
worn by them and concerning such other matters as may necessary for
the proper regulation of the Police Department. When the same have
been adopted by the Mayor and Council, they shall be known as the
"Rules and Regulations for the Government of the Police Department
Borough of Westville" 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 disciplinary action.
No member of the Police Department and no special law enforcement
officer shall, at any time, while holding the office or appointment
under the authority of this chapter:
A.
Violate any criminal law, disorderly offense, or motor vehicle law
of the United States or of the State of New Jersey or any ordinance
of the Borough of Westville.
B.
Conduct themselves in a manner unbecoming a police officer.
C.
Conduct themselves in a manner subversive to the good order and discipline
of the Police Department.
D.
Conduct themselves in a manner disrespectful to a superior.
E.
Absent themselves from their respective post of duty without having
obtained proper leave from his superior officer, except in case of
emergency.
F.
Absent themselves from the Borough except when off duty, on vacation,
or pursuant to the order of the Chief of the Police or command officer;
provided, however, that this regulation shall apply to special law
enforcement officers only while assigned to active duty.
G.
Refuse or fail to perform any of the duties of his office or evade
the performance of such duties of any of them, whether on patrol or
otherwise, and whether or not in uniform; provided, however, that
this regulation shall apply to special law enforcement officers only
while assigned to active duty.
H.
Contract any debts or any other financial obligations without reasonable
expectation of being able to pay or discharge the same when due.
Any member of the Department desiring to bring any matter pertaining
to the business of the Department or his personal relations with the
Department to the attention of the Mayor and Council shall, in writing,
request permission to do so from the Chief of Police. If such permission
is refused, such member may make a written application to the Mayor
and Council requesting a hearing and stating his objectives.
Prior to engaging in any outside business or employment, a member
or employee of the Police Department shall request permission to do
so from the Chief of Police through channels on the approved forms.
The decision of the Chief of Police to approve or deny permission
to work outside the Department is final and subject only to appeal
to the Mayor and Council. Any prior approval of outside employment
given by the Chief of Police may be revoked at any time that the Chief
determines that such outside employment interferes with the good and
efficient operation of the Police Department.
A.
Within the limitations set forth in the statues of the State of New
Jersey, as well as ordinances of the Borough of Westville, the Department
disciplinary authority and responsibility rests with the Chief of
Police and, except for oral reprimands and emergency suspensions,
Department discipline must be taken or approved by the Chief of Police.
B.
Other supervisory personnel may take the following disciplinary measures:
(1)
Oral reprimand.
(2)
Written reprimand, subject to approval by the Chief of Police.
(3)
Emergency suspension. Any command or supervisory officer shall have
the authority to impose emergency suspension until the next business
day against any member or when it appears that such action is in the
best interest of the Department.
(4)
Written recommendations for other penalties.
A.
Whenever disciplinary action is taken or recommended, except for
oral reprimand, a written report must be submitted immediately, in
triplicate, containing the following information:
(1)
The name, rank, badge number, and present assignment of the person
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 written signature, badge number and rank of the preparing officer
and his position in relation to the member being disciplined.
C.
Appeals from penalties imposed as disciplinary measures may be taken
as provided in the provisions of N.J.S.A. 40A:14-147 through 40A:14-151,
as amended, inclusive, and the ordinances of the Borough of Westville.
D.
Whenever any command or supervisory officer observes or is informed
of the misconduct of another member or employee which indicates the
need for disciplinary action, he shall take authorized and necessary
action and render a complete written report of the incident and his
action to his commanding officer.
