[Amended 3-2-1970 by Ord. No. 70-3; 6-1-1992 by Ord. No. 92-16; 9-15-1997 by Ord. No. 97-20; 2-7-2001 by Ord. No. 2001-1; 2-3-2003 by Ord. No. 2003-1; 8-16-2010 by Ord. No. 2010-15]
[Amended 2-1-2016 by Ord. No. 2016-04; 12-18-2017 by Ord. No. 2017-20]
Any member of the Police Department may be suspended, removed, fined or reduced from his or her office or employment therein for just cause only after written charges of the cause of complaint shall have been preferred against such employee of the Police Department, signed by the person making such charges, filed in the office of the Chief of Police, and served upon the member charged. The member charged may request a hearing on the charges and will receive an opportunity to make his or her defense, if any he or she has, or chooses to make, as provided by law; provided, however, that for any dereliction of duty by a member of the Police Department for which a penalty less than suspension, removal, fine, or reduction from office or employment, as may be appropriate, the Chief of Police may impose such appropriate penalty. The Administrator of the Borough of Metuchen, or his or her designee, shall sit as Hearing Officer for the Borough on any complaint against a permanent member of the Police Department charging a violation of N.J.S.A. 40A:14-147 or violation of the internal rules and regulations of the Police Department and on which is sought a suspension, removal, fine or demotion. In the event the Administrator does not act as Hearing Officer, the individual so designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the Administrator who shall make the final determination. The Administrator's decision shall be reviewable only as provided by N.J.S.A. 40A:14-150, as amended from time to time. In the event an individual not employed by the Borough is considered by the Administrator to act as the Hearing Officer, the alternate Hearing Officer shall be appointed by the Borough Council.
When any member of the Police Department is suspended from office and afterwards reinstated, he or she shall not receive any pay for the period of such suspension if convicted.
Each member and employee of the Police Department shall be presented with a printed or typewritten copy of the rules and regulations adopted by the appropriate authority. Any neglect or failure by any member or employee of the Police Department to carry out each and every rule and regulation shall be held to be sufficient cause for discipline, and ignorance of the rule is no defense.
Once a police officer of any rank has elected to take his or her retirement and to accept any of the benefits, including but not limited to terminal leave, accumulated sick time, vacation time or personal days, then and in that event, he or she cannot change his or her mind and seek to return to active duty, nor can such officer withdraw his or her application for retirement.