Complaints by the citizens against members of the Department
shall be processed in accordance with the following rules:
A.
During normal business hours, refer such complaints to the Chief
of Police.
C.
If, in the opinion of the Lieutenant, the incident is of sufficient
gravity, the Lieutenant shall notify the Chief of Police regardless
of the hour and, in addition, shall take an immediate action necessary
to preserve the integrity of the Department until the arrival of the
commanding officer.
D.
The member assigned the investigation of an alleged act of misconduct
on the part of the member of the Department shall conduct a thorough
and accurate investigation. Such investigation shall include obtaining
a signed statement from all parties concerned when necessary and pertinent,
gathering and preserving any physical evidence pertaining to the case
and obtaining all other information bearing on the matter.
E.
An alleged act of misconduct must be investigated and the results
of the investigation must be submitted in the written report entitled,
"Report of Investigation and Finding." The investigating member shall
summarize the pertinent facts, including:
F.
One of the findings listed below will be included in the Report of
Investigations and Findings of an alleged act of misconduct:
(1)
Investigation indicates that the acts or acts complained of did not
involve Department personnel.
(2)
The act did occur, but was justified, lawful, and proper.
(3)
The investigation disclosed evidence insufficient to prove clearly
the allegations made in the complaint.
(4)
The investigation disclosed evidence sufficient to prove clearly
the allegations made in the complaint.
(5)
The investigation established that the subject of the investigation
in the Report of Investigation and Findings was involved in the alleged
incident.
No command officer or police officer shall be removed from office
or suspended, reduced in rank or subject to other penalty, except
for just cause, as herein before provided, and only after hearing
upon the charge or charges of the cause of the complaint referred
against such member, which charge or charges shall be submitted, investigated,
heard and disposed of in the following manner:
A.
All charges referred against a member of the Police Department shall
be in writing and signed by the person who is making the same and
a copy delivered to the Chief of Police and individual charged.
B.
The Chief of Police, upon receiving such charges, shall forthwith
investigate the same and, if he shall find such charges to be true,
may impose upon the offender punishment consisting of a warning, reprimand
or suspension from duty without pay for a period not to exceed five
days. The Chief of Police shall inform the Mayor and Council, in writing,
of the imposition of any such penalty within 24 hours thereof.
C.
If the Chief of Police shall determine that any charges are true
or that the severity of the offense warrants a greater punishment
than that which he is empowered to impose, he shall transmit such
charges to the Mayor and Council. Upon receipt of such charges, the
Mayor and Council shall promptly cause written notice of the same
to be served upon the accused and set a date of not less than 15 days
nor more than 30 days to appear before the Mayor and Borough Council
for a hearing upon such charges. At the time and place fixed for such
hearing, the Mayor and Council shall receive evidence in support of
the charges and shall forward to the accused an opportunity to be
heard, to cross-examine witnesses appearing in support of the charges,
to present evidence on his own behalf, to be represented by counsel
and, in general, to permit the accused every opportunity to make a
defense. If, upon conclusion of the hearing, the Mayor and Council
shall determine that the charges have been established, it shall,
in its discretion, remove the offender from office, reduce the offender
in rank or suspend the offender without pay for a period not to exceed
six months.
D.
Nothing contained herein shall deprive any member of the Police Department
of any right of appeal accorded by the laws of the State of New Jersey.
After conclusion of the hearing as set forth in the preceding
sections, the Mayor and Council shall adopt a written resolution setting
forth findings of facts and conclusion based thereon disposing of
the complaint against the member of the Police Department. In the
event that the Mayor and Council find that the member of the Police
Department has committed the offense described in the complaint, it
shall set forth in detail the penalty to be imposed upon such member
of the Police Department.
The Chief of Police shall promptly report to the Mayor and Council
each and every case of dereliction of duty of any member of the Police
Department coming in any way to his knowledge and also any complaints
made to him against any member of the Police Department.
It is intended by this chapter to give a fair trial to any person
against whom a charge or charges may be preferred for any cause against
the provisions of this chapter. It is further the intention of this
chapter to provide a reasonable opportunity for such a person to make
a defense regarding such charge, if any, he had or chooses to make
such defense.
If any officer or member of the Police Department shall be suspended
pending trial before the Mayor and Council on any such charge, such
trial shall be commenced within 30 days unless such suspension was
based upon a criminal offense as charged by the grand jury. In such
later event, the trial before the Mayor and Council shall be suspended
pending final disposition of the indictment returned by the grand
jury. The trial before the Mayor and Council shall take place within
30 days after final disposition on the indictment handed up by the
grand jury.
The Mayor and Council shall have the power to hear and determine
the charge or charges made against an officer of the Police Department
and shall have the power to subpoena witnesses and/or documentary
evidence. The Superior Court shall have jurisdiction to enforce any
such subpoena.
Whenever an officer of the Police Department is a defendant
in any action or legal proceeding arising out of or incidental to
the performance of his duty, the Mayor and Council shall provide such
member or officer with reasonably necessary means for the defense
of said action or proceeding, including reasonable attorney's
fees, but not for the defense costs in a disciplinary proceeding instituted
by the Borough or in a criminal proceeding instituted as a result
of a complaint on behalf of the Borough. If any such criminal proceeding
instituted by or on behalf of the Borough or the State of New Jersey
shall be dismissed or finally determined in favor of the member of
officer, he shall be reimbursed for the reasonable expense of his
defense.[1]
Any member of the Police Department who has been convicted of
any violation of any of the rules and regulations of such Department
by the governing body may appeal such conviction in the manner provided
by law.
All charges against members of the Police Department shall be
thoroughly examined by the Mayor and Council, and upon any member
of said Department being convicted by the Mayor and Council for the
breaking of any rules, regulations, or orders of the Department, the
Mayor and Council may, in lieu of the dismissal from the Department,
impose such penalties as in its judgment are warranted by the character
of the offense.
All rules and regulation violations shall remain a permanent
part of the police officer's personnel file unless otherwise
provided in the rules and regulations. In those cases where a complaint(s)
against an officer is sustained, the charging form and disposition
of charges shall remain a permanent part of the police officer's
personnel file. All the documents and materials relative to discipline,
inclusive of, but not limited to, the internal affairs investigation
reports, shall remain a part of the internal affairs file and shall
be confidential.
Consistent with the foregoing sections, whenever any command
officer or police officer of the Borough of Westville Police Department
is charged under the law of the state or the United States with an
offense, said police officer may be suspended with pay until the case
against said officer is disposed of at trial, until the complaint
is dismissed, or until the prosecution is terminated. If a suspended
police officer is not found guilty at trial, or if the charges are
dismissed, or if the prosecution is terminated, said officer shall
be reinstated in his position and shall be entitled to recover all
pay withheld during the period of suspension, subject to any disciplinary
proceedings or administrative action. If any police officer is suspended
with pay and is found guilty of or pleads guilty to any of the charges
brought against him, or to a lesser charge or charges, said police
officer shall reimburse the Borough for all pay received by him during
the period of his suspension.
When any member of the Police Department is suspended from office,
tried and found guilty, and afterwards reinstated, he shall not receive
any pay for the period of such suspension unless otherwise ordered
by the Mayor and Council.
