[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.