[HISTORY: Adopted 6-20-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 118.
A.
The purposes of this Manual are to set forth rules and regulations
governing the conduct of police officers and civilian employees of
the Department; to define personnel procedures and to provide procedural
guidance for members of the Department in carrying out the duties
imposed upon them by law.
B.
This Manual is not intended to provide detailed procedural steps
for each course of police action. General or special orders issued
by the Chief of Police provide a constant supplementary guide to meet
changing conditions.
C.
The success of a police department in the performance of its duties
is largely measured by the degree of support and cooperation it receives
from the people of the community which it serves. It is of paramount
importance to secure for this department the confidence, respect and
approbation of the public. The cultivation of such desirable attitudes
is dependent upon proper performance of duty by all the members of
this department.
D.
Upon the members of this department is imposed a professional responsibility
no less grave than that of other administrators of the law. Professionalization
of police is gaining general recognition, but it can win universal
acclaim and permanent status only if the actions of the police are
reflected in intelligent, sincere, efficient and courteous service.
The police profession must embody the highest attributes of every
other profession. Not private, nor personal reward, but the service
of the community is the earmark of the professional police officer.
A.
Law enforcement is an honorable calling. Service in this field demands
a professional rather than an occupational philosophy. Personal honor,
a desire for professional status, and devotion to service above self,
are the motives which impel a police officer to discharge his responsibility
in full measure.
B.
A police officer's life is one of self-sacrificing service to
a high ideal, based upon his recognition of the responsibilities entrusted
to him and the belief that law enforcement is an honorable vocation.
He fully accepts his responsibilities to defend the right, to protect
the weak, to aid the distressed, and to uphold the law in public and
private living. He accepts the obligation to report facts and to testify
without bias or display of emotion, and to consider all information
coming to his knowledge by virtue of his position, as a sacred trust,
to be used for official purposes only. He gives his loyal and faithful
attention to the identification and apprehension of criminals, being
equally alert to protect the innocent and prosecute the guilty. He
performs the functions of his office without fear, favor, or prejudice
and does not engage in unlawful or improper practices.
C.
He does not disclose to unauthorized persons any information concerning
pending matters which might be prejudiced to the interests of the
state, the Borough, or the Department.
D.
He does not seek to benefit personally by any confidential information
which has come to him by virtue of his assignment. He is respectful
and courteous to all citizens. He is faithful and loyal to his organization,
constantly striving to cooperate with and to promote better relations
with all regularly constituted law enforcement agencies and their
representatives in matters of mutual interest and obligation.
E.
Rigid adherence to the principles set out above is mandatory for
anyone accepting a position in the Police Department. Acceptance of
these principles should not be perfunctory; it should be weighed carefully.
Citizens are quick to criticize any misconduct of members of the Department;
the community places a trust in police officers and expects them to
so conduct themselves as to merit this trust. Members should be proud
to hold a position that demands so much.
F.
There must be a moral philosophy and strong appreciation of the need
for service in any profession. Unwavering adherence to such a moral
philosophy will earn for police officers the respect and support of
the public.
G.
Each member of the Police Department will be required to conform
to the Law Enforcement Code of Ethics.
A.
Standard of conduct. Members and employees shall conduct their private
and professional lives in such a manner as to avoid bringing the Department
into disrepute.
B.
Loyalty. Loyalty to the Department and to associates is an important
factor in departmental morale and efficiency. Members and employees
shall maintain loyalty to the Department and their associates as is
consistent with the law and personal ethics.
C.
Cooperation. Cooperation between the ranks and units of the Department
is essential to effective law enforcement. Therefore, all members
are strictly charged with establishing and maintaining a high spirit
of cooperation within the Department.
D.
Assistance. All members are required to take appropriate police action
toward aiding a fellow peace officer exposed to danger or in a situation
where danger might be impending.
E.
General responsibilities. Within the Borough, members shall at all
times take appropriate action to:
F.
Duty responsibilities. Members of the Department are always subject
to duty, although periodically relieved of its routine performance.
They shall, at all times, respond to the lawful orders of superior
officers and other proper authorities as well as calls for police
assistance from citizens. Proper police action must be taken whenever
required. The administrative delegation of the enforcement of certain
laws and ordinances to particular units of the Department does not
relieve members of other units from the responsibility of taking prompt,
effective police action within the scope of those laws and ordinances
when the occasion so requires. Members assigned to special duties
are not relieved from taking proper action outside the scope of their
specialized assignment when necessary.
G.
Insubordination. Failure or deliberate refusal of any member or employee
to obey a lawful order given by a superior officer shall be insubordination.
Ridiculing a superior officer or his orders, whether in or out of
his presence, is also insubordination.
H.
Questions regarding assignment. Members and employees in doubt as
to the nature or detail of their assignment shall seek such information
from their supervisors by going through the chain of command.
I.
Knowledge of laws and regulations. Every member is required to establish
and maintain a working knowledge of all laws and ordinances in force
in the Borough of Red Bank, the rules and policies of the Department
and the orders of the Department and divisions thereof. In the event
of improper action or breach of discipline, it will be presumed that
the member was familiar with the law, rule or policy in question.
J.
Performance of duty. All members and employee shall perform their
duties as required or directed by law, departmental rule, policy or
order, or by order of a superior officer. All lawful duties required
by competent authority shall be performed promptly as directed, notwithstanding
the general assignment of duties and responsibilities.
K.
Obedience to laws and regulations. Members and employees shall observe
and obey all laws and ordinances, all rules and regulations of the
Department and all general or special orders of the Department.
L.
Establishing elements of violation. Existence of facts establishing
a violation of a law, ordinance, or rule, is all that is necessary
to support any allegation of such as a basis for a charge under this
section. It is not necessary that a formal complaint be filed or sustained.
Nothing in the Manual of Rules prohibits disciplining or charging
members or employees merely because the alleged act or omission does
not appear herein, in departmental orders, or in laws and ordinances
within the cognizance of the Department.
M.
Reporting violations of laws, ordinances, rules or orders. Members
and employees knowing of other members or employees violating laws,
ordinances, or rules of the Department, or disobeying orders, shall
report same in writing to the Chief of Police through official channels.
If the member or employee believes the information is of such gravity
that it must be brought to the immediate attention of the Chief of
Police, official channels may be bypassed.
N.
Conduct toward superior and subordinate officers and associates.
Members and employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at
all times in their relationships with one another. When on duty and
particularly in the presence of other members, employees or the public,
officers should be referred by rank.
O.
Criticism of orders. Members and employees shall not publicly criticize
instructions or orders they have received.
P.
Manner of issuing orders. Orders from superior to subordinate shall
be in clear, understandable language, civil in tone and issued in
pursuit of departmental business.
Q.
Unlawful orders. No command or supervisory officer shall knowingly
issue any order which is in violation of any law or ordinance or departmental
rule.
R.
Obedience to unlawful orders. Obedience to an unlawful order is never
a defense for an unlawful action; therefore, no member or employee
is required to obey any order which is contrary to federal or state
or local ordinance. Responsibility for refusal to obey rests with
the member. He shall be strictly required to justify his action.
S.
Obedience to unjust or improper orders. Members or employees who
are given orders which they feel to be unjust or contrary to rules
and regulations, must first obey the order to the best of their ability,
and they may proceed to appeal as provided below.
T.
Conflicting orders. Upon receipt of an order conflicting with any
previous order or instruction, the member affected will advise the
person issuing the second order of this fact. Responsibility for countermanding
the original instruction then rests with the individual issuing the
second order. If so directed, the latter command shall be obeyed first.
Orders will be countermanded or conflicting orders will be issued
only when reasonably necessary for the good of the Department.
U.
Reports and appeals; unlawful, unjust, improper orders. A member
or employee receiving an unlawful, unjust or improper order shall,
at first opportunity, report in writing to the Chief of Police through
official channels. This report shall contain the facts of the incident
and the action taken. Appeals for relief from such orders may be made
at the same time. Extra-departmental action regarding such an appeal
shall be conducted through the office of the Chief of Police.
V.
Gifts, gratuities, fees, rewards, loans, etc., soliciting. Members
and employees shall not under any circumstances solicit any gift,
gratuity, loan or fee where there is any direct or indirect connection
between the solicitation and their departmental membership or employment.
W.
Acceptance of gifts, gratuities, fees, loans, etc. Members and employees
shall not accept either directly or indirectly any gift, gratuity,
loan, fee or any other thing of value arising from or offered because
of police employment or any activity connected with the employment.
Members and employees shall not accept any gift, gratuity, loan fee,
or other thing of value, the acceptance of which might tend to influence
directly or indirectly the actions of the member or employee or any
other member or employee in any matter of police business; or which
might tend to cast an adverse reflection on the Department or any
member or employee thereof. No member or employee of the Department
shall receive any gift or gratuity from other members or employees
junior in rank without the express permission of the Chief of Police.
X.
Other transactions. Members and employees are prohibited from buying
or selling anything of value from or to any complainant, suspect,
witness, defendant, prisoner, or other person involved in any case
which has come to their attention or which arose out of their departmental
employment except as may be specifically authorized by the Chief of
Police.
Y.
Rewards. Members and employees shall not accept any gift, gratuity
or reward in money or other consideration for services rendered in
the line of duty to the community or any person, business or agency
except lawful salary and that which may be authorized by law.
Z.
Disposition of unauthorized gifts, gratuities, etc. Any unauthorized
gift, gratuity, loan, fee, reward or other thing falling into any
of these categories coming into the possession of any member or employee
shall be forwarded to the office of the Chief of Police, together
with a written report explaining the circumstances connected therewith.
AA.
Free admission and passes. Members and employees shall not solicit
or accept free admission to theaters and other places of amusement
for themselves and others except in the line of duty.
BB.
Debts — incurring and payment.
(1)
No member or employee shall borrow any money or otherwise become
indebted to any other member or employee.
(2)
Members and employees shall not solicit other members or employees
to co-sign or endorse any promissory note or other loan.
(3)
No member or employee shall offer to act as a cosigner or endorser
of any promissory note or other loan for another member or employee.
(4)
Members and employees shall pay all just debts and legal liabilities
incurred by them.
A.
Prohibited activity on duty. Members and employees are prohibited
from engaging in the following activities while on duty, with the
exceptions as noted:
(1)
Sleeping, loafing, idling.
(2)
Recreational reading (except at meals).
(3)
Conducting private business.
(4)
Carrying newspapers or other articles (except in the performance
of police duty).
(5)
Drinking intoxicating beverages (except in performance of a police
duty, and then, only with the specific consent of a commanding officer
and never in uniform).
(6)
Gambling, unless to further a police purpose.
B.
Loitering. All members on duty or in uniform shall not enter taverns,
theaters or other public places except to perform a police task. Loitering
and unnecessary conversation in such locations are forbidden. Eating
in a licensed liquor establishment, although not forbidden, is discouraged.
C.
Military courtesy. When meeting in public, officers shall conform
to normal courtesy standards and refer to each other by rank. A salute
will be rendered to all superior officers when in uniform. A salute
will also be rendered to the Mayor and Councilmen of the Borough.
D.
National colors and anthem. Uniformed members will render full military
honors to the national colors and anthem at appropriate times. Members
and employees in civilian dress shall render proper civilian honors
to the national colors and anthem at appropriate times.
E.
Roll call. Unless otherwise directed, members and employees shall
report to daily roll call at least 15 minutes prior to the commencement
of his tour of duty, properly uniformed and equipped. They shall give
careful attention to orders and instructions avoiding unnecessary
talking or movement.
F.
Relief. All members and employees are to remain at their assignment
and on duty until properly relieved by another member or employee
or until dismissed by competent authority.
G.
Meals. Members may suspend their police duty for a lunch period to
be taken within their beats or assigned duty areas, subject to modification
by the commanding officer. Meals shall be eaten with reasonable dispatch
when in public view.
H.
Reporting. Members and employees shall promptly submit such reports
as are required by the performance of their duties or by competent
authority.
I.
Absence from duty. Every member or employee who fails to appear for
duty at the date, time and place specified for so doing without the
consent of competent authority is "absent without leave." Absences
without leave must be reported in writing to the Chief of Police.
J.
Inspections. From time to time, the Chief of Police may call for
full dress inspections of the Department or any part thereof. Members
directed to attend such inspections shall report in the uniform prescribed,
carrying the equipment specified. Unauthorized absence from such inspection
is chargeable as "absence without leave." Excuse from inspection may
be granted by the Chief of Police for good cause.
K.
Training. All members shall attend in-service training in the theory
and practice of law enforcement at the direction of the Chief of Police.
L.
Physical fitness for duty. All members of the Department shall maintain
good physical condition so that they can handle the strenuous physical
contacts often required of a law enforcement officer. All members
must comply with the weight program adopted by this department.
M.
Consumption of intoxicants. Members and employees shall not consume
intoxicants while off duty to the extent that evidence of such consumption
is apparent when reporting for duty, or to the extent that ability
to perform duty is impaired.
N.
Intoxication. Members and employees shall not at any time be intoxicated
while on duty. They shall not at any time, on or off duty, be intoxicated
in public view.
O.
P.
Smoking while on duty. Members and employees shall not smoke on duty
while in direct contract with the public nor when in uniform in public
view, except that smoking is permitted in public view at mealtimes
and while patrolling in police automobiles, at which times it shall
be as inconspicuous as possible.
Q.
Possession of keys. No member, unless authorized by his commanding
officer, shall possess keys to any premises not his own, on or near
his beat.
R.
Address and telephone numbers. Members and employees shall record
their correct residence address and telephone number with the commanding
officer. Members and employees are required to have telephones in
the place where they reside. Changes in address or telephone number
shall be reported to the commanding officer within 24 hours of the
change. This shall be done in writing on the appropriate form and
within the specified time, whether the member or employee is working
or on leave.
A.
Regulation uniforms required. All members shall maintain regulation
uniforms. Uniforms shall be kept neat, clean, and well-pressed at
all times.
B.
Manner of dress on duty. Normally, members will wear the duty uniform
on a tour of duty; however, commanding officers may prescribe other
clothing as required by the nature of the duty which a particular
member is assigned. Employees will wear and maintain an employee uniform
when so directed by the Chief of Police.
C.
Wearing or carrying badge. A member, when in uniform, shall wear
the regulation badge on the outside of the outermost garment over
the left breast and always in sight. When not in uniform or off duty,
he shall carry his badge in his pocket.
D.
Wearing of name badge. A member, when in uniform, shall wear the
regulation name badge on his uniform shirt or dress jacket, whichever
is outermost, and it shall be worn just above the right breast pocket.
E.
Altering style of uniform. Uniforms shall be made of the material
and the style prescribed in police department orders, and such style
shall not be altered or changed in any manner whatsoever, unless authorized
by the Chief of Police.
F.
Carrying required equipment when in uniform.
G.
H.
Carrying equipment off duty. When off duty, each member will carry
or have in his immediate possession, his badge, identification card
and authorized revolver.
I.
Civilian clothing — manner of dress. Male members and employees
permitted to wear civilian clothing during a tour of duty shall wear
either a business suit or sport coat and slacks. A dress-type shirt
with tie shall be worn. Commanding officers may prescribe other types
of clothing when necessary to meet a particular police objective.
Female members and employees permitted to wear civilian clothing shall
conform to standards normally worn by office personnel in private
business firms, unless otherwise directed. All articles of clothing
shall be of a conservative nature.
J.
Equipment. All equipment must be clean, in good working order, and
conform to department specifications.
K.
Uniform and equipment damage claim. Any claims for damage to clothing,
equipment, and eyeglasses caused by performance of duty shall be made
by submitting a written report to the Chief of Police.
L.
Personal appearance. Every member and employee of the Department,
while on duty, must at all times be neat and clean in person, his
clothes clean and pressed, and his uniform in conformity with the
rules and regulations. He shall, as often as necessary, examine and
clean his equipment and keep it always in good serviceable condition.
Male members and employees shall conform to the following additional
standards of appearance:
(1)
Hair shall be evenly trimmed at all times while on duty. The maximum
extension of the hair outward from the top of the head will be two
inches. The maximum extension from the sides of the head shall be
two inches, provided that hair shall be gradually tapered so that
it does not protrude outward beyond the top (upper helix) of the ear
and so that it otherwise gives an overall even appearance. The hair
shall at no point extend downward more than 1/2 inch beyond the hair
at the back of the neck and in no event over the shirt collar in normal
posture.
(2)
Sideburns shall not extend below the lobe of the ear. The maximum
width at the bottom of the sideburns shall not exceed 1 3/4 inches.
(3)
Beards shall not be permitted.
(4)
Mustaches must be neatly trimmed and cannot extend below the upper
lip.
M.
Firearms. Departmental regulations concerning the care and use of
firearms are designed to protect the lives of police officers and
the lives and property of the public.
N.
Handling of firearms. Police officers shall exercise caution and
the utmost care in handling firearms on and off duty.
O.
Official police firearm. The official police revolver shall be the
revolver issued to each police officer by the Department. Carrying
personal firearms on duty or during emergencies is prohibited.
P.
Off-duty firearm. The Chief of Police may authorize a police officer
to carry an off-duty firearm other than the official police firearm,
providing that the police officer follows the steps prescribed herewith:
(1)
He submits a written report through channels requesting permission
to carry an off-duty firearm.
(2)
He submits to the superior officer in charge of firearms training
for inspection of the off-duty firearm that he intends to carry in
order to determine whether it meets the same standards set for safety
and serviceability that apply to the official police firearm.
(3)
He submits his authorized off-duty firearm for test fire and inspection
upon his appearance for scheduled firearms re-training.
(4)
He carries the authorized off-duty firearm only after he has secured
the approval of the Chief of Police and only during the time this
approval remains in effect.
(5)
He observes and is bound by any part of or any section of these rules
and regulations which pertain to the official police firearm, and
he understands that these same rules and regulations also apply to
the use of any off-duty firearm which may be authorized by the Chief
of Police.
Q.
On-duty and off-duty holsters. The official police firearm or authorized
off-duty firearm shall be carried only in department-issued holsters
or in authorized holsters which conform to department specifications.
R.
Nonregulation firearm prohibited. Police officers who carry and employ
firearms other than those that have been inspected and approved by
the Police Department shall be subject to disciplinary action.
S.
Tampering with police firearm. All repairs and adjustments to the
official police firearm shall be made by the superior officer in charge
of firearms training. Police officer shall not use unauthorized molded
grips, special-type grips, no pearl-handled grips. Also, they shall
not make any change in the trigger pull mechanism or effect any other
unauthorized alteration or addition. Grip adapters may be used in
special cases, but only after the police officer first has obtained
the approval of the superior officer in charge of the firearms section.
T.
Care of firearms off duty outside home. A police officer, when off
duty and outside his home, shall keep his department-issued firearm
or authorized off-duty firearm holstered and on his person readily
available for necessary use, unless he is on sick, injured or vacation
leave. To avoid an accidental discharge, a police officer shall not
carry his firearm in his waistband or in any of his pockets. The firearm
should always be kept in a holster.
U.
Care of firearm off duty, at home. A police officer shall keep his
firearm inoperable and inaccessible but readily available in case
of emergency.
V.
Removing firearm from belt. When removing a firearm from his person,
a police officer shall keep the firearm holstered and jointly remove
both the revolver and holster from his belt. A police officer shall
not remove the firearm from its holster except when he intends to
clean or fire it. However, when circumstances require, a police officer
may unload his firearm before storing it in a secure place, providing
he observes all the safe practices prescribed and taught by authorized
department firearms instructors for the unloading of the weapon.
W.
Discharge of firearms report. Whenever a firearm is discharged by
a police officer, either in the performance of police duty or accidentally,
the police officer shall:
X.
Firing of the weapon under other circumstances. A police officer
may fire his firearm to dispose of an animal that is dangerous or
that is seriously injured when other means of disposition are unavailable.
Y.
Carrying firearm — general. Police officers shall carry their
official police firearms or authorized off-duty firearms fully loaded
and in a serviceable, operating condition so that they may be prepared
when called upon to carry out a police duty, service, function, or
responsibility. They shall also carry six rounds of extra ammunition.
Police officers who may be sick, injured, or on vacation leave may,
but are not required to, carry a firearm. Police officers who are
suspended or whose weapons have been officially taken from them for
other reasons shall not carry a firearm under any circumstances.
Z.
Loss of the firearm. Loss of the official police firearm through
carelessness or neglect shall be deemed a serious violation of department
regulation.
AA.
Ammunition issue. The initial issue and replacement of the ammunition
for department firearms shall be made by the Department without expense
to the police officer. The Department shall replace rounds of ammunition
that have been expended in the line of police duty. Only department-issued
ammunition shall be used.
BB.
Warning shots. Under no circumstances will a member fire warning
shots.
CC.
Moving vehicles. Firing at or from moving vehicles is prohibited
unless the occupant of the other vehicle is using deadly force against
the officer by means other than the vehicle.
DD.
Qualifications for use of firearms. All members of the Police Department
shall demonstrate their proficiency in the use of firearms, their
knowledge of the laws concerning the use of firearms and the principles
of accepted procedures for the use of firearms at least twice a year.
EE.
Department property and equipment. Members and employees are responsible
for the proper care of department property and equipment assigned
to them. Damaged or lost property may subject the responsible individual
to reimbursement charges and appropriate disciplinary action.
FF.
Damaged-inoperative property or equipment. Members and employees
shall immediately report to their commanding officer on designated
forms any loss of or damage to departmental property assigned to or
used by them. The immediate superior will be notified of any defects
or hazardous conditions existing in any department equipment or property.
GG.
Care of department buildings. Members and employees shall not mar,
mark or deface any surface in any departmental building. No material
shall be affixed in any way to any wall in departmental buildings
without specific authorization from a commanding officer.
HH.
Notices. Members and employees shall not mark, alter or deface any
posted notice of the Department. Notices or announcements shall not
be posted on bulletin boards without permission of a commanding officer.
No notices of a derogatory nature will be posted at any time.
II.
Manuals maintenance. All members and employees who are issued manuals
are responsible for their maintenance and will make appropriate changes
or inserts as they arise.
JJ.
Surrender of department property. Members and employees are required
to surrender all department property in their possession upon separation
from the service. Failure to return nonexpendable items may cause
the person to reimburse the Department for the fair market value of
the article(s).
KK.
Department vehicle use. Members shall not use any departmental vehicle
without the permission of a commanding officer or Chief of Police.
Departmental vehicles shall never be used for personal business or
pleasure. This does not apply to the Chief of Police, who is on call
24 hours a day.
LL.
Transporting citizens. Citizens will be transported in departmental
vehicles only when necessary to accomplish a police purpose. Such
transportation will be done in conformance with departmental policy
or at the direction of a commanding officer, immediate supervisor
or communications center. This does not apply to the Chief of Police,
who is on call 24 hours a day.
MM.
Reporting accidents. Accidents involving Borough personnel property
and/or equipment must be reported immediately to the Shift Commander.
The Shift Commander will investigate the accident and make out the
necessary reports. The involved officer will also make out an "Officer's
Report" concerning the matter.
NN.
Operation of motor vehicles. Members and employees, when driving
vehicles of any description, private or of the Department, shall not
violate the traffic laws except only in cases of absolute emergency,
and then only in conformity with the law regarding same. They shall
set an example for other persons in the operation of their vehicles.
OO.
Emergency calls and use of emergency lights and sirens. Members driving
any department vehicles, when responding to an emergency call, shall
exercise judgment and care with regard to the safety of life and property.
They shall slow down at all street intersections to such degree that,
when crossing same, they will have safe control of their cars; especially
when crossing street intersections where the traffic signal lights
are against them or where there are stop signs. They shall use the
flashers and sound the siren on such calls and take the utmost precaution.
PP.
Presumption of responsibility. In the event that Borough property
is found bearing evidence of damage which has not been reported, it
shall be prima facie evidence that the last person using the property
or vehicle was responsible.
B.
Forwarding communications to higher commands. Any member or employee
receiving a written communication for transmission to a higher command
shall in every case forward such communication. A member receiving
a communication from a subordinate directed to a higher command shall
endorse it indicating approval, disapproval or acknowledgement.
C.
Department address (private use of). Members and employees shall
not use the Department as a mailing address for private purposes.
The Department address shall not be used on any motor vehicle registration
or operator's or chauffeur's license.
D.
Telephones. Departmental telephone equipment may not be used for
the transmission of private messages without the express approval
of a commanding officer, and all members shall strictly observe regulations
for such operations as set forth in departmental orders.
E.
Radio discipline. All members of the Department operating the police
radio either from a mobile unit or in the communications center shall
strictly observe regulations for such operations as set forth in departmental
orders and by the Federal Communications Commission.
A.
Death or serious injury. When a member is killed or seriously injured
on or off duty, immediate verbal notification will be made to the
Chief of Police or to the officer acting in the Chief's absence.
This will be followed by a written report no later than the following
work day. Information shall include the date, location, cause, extent
of injuries and property damage. Serious injury in this instance means
an injury which could result in death or disability.
B.
Non-serious injury. In cases where the injuries are other than of
a serious nature, a written report will be submitted on the first
work day following the incident including all information required
above. These reports are in addition to those accident and sick reports
otherwise required.
C.
Death of member or employee. Any member or employee receiving notice
of the death of any member, employee or retired member, during regular
business hours, shall notify the Chief of Police and the commander
of the deceased. At other times, the officer in charge shall be notified
and he shall relay such information to the Chief of Police.
D.
Notification of family. The family of a member or employee injured
or dying on duty shall be notified immediately by the senior available
member.
A.
Command of scene. At the scene of any crime, accident or other police
incident, the ranking officer present shall assume command and the
direction of police personnel in such a manner as to assure the most
orderly and efficient accomplishment of the police task. When two
or more officers of the same rank are present and one of these is
assigned to the investigative detail that will follow up the investigation,
that ranking officer will be in charge. This provision is intended
to provide for the coordination of the efforts of the several subordinate
members who may be assigned to the incident; therefore, it is incumbent
upon the ranking officer assuming such control to become acquainted
with the facts and insure that appropriate action is being taken or
is initiated.
B.
General responsibilities of members at crime scenes. The first member
to arrive at the scene of a crime or other police incident is responsible
for the following actions as they may apply to the situation:
C.
Responsibilities of assigned member at crime scene. The members officially
assigned to perform the preliminary or other investigation of an alleged
crime or other incident are responsible for the duties in Chapter
16, Article 17, Section 2, as they may be necessary, and the completion
of the preliminary or other investigation as directed. This shall
include (but is not necessarily limited to) securing statements and
other information which will aid in the successful completion of the
investigation, and locating, collecting and preserving physical evidence
material to the issue.
D.
Relief of member conducting preliminary investigation. Upon completion
of the preliminary investigation, the assigned officer shall stand
relieved unless otherwise directed by a superior.
E.
Identification as police officer. Except where impractical or unfeasible,
or where the identity is obvious, officers shall identify themselves
by displaying the official badge or identification card before taking
police action.
F.
Arrests. In making arrests, members shall strictly observe the laws
of arrest and the following provisions:
(1)
Only necessary restraint to assure safe custody and the safety of
the officer shall be employed.
(2)
The arresting officer is responsible for the safety and protection
of the arrested person while in his custody. He shall notify the transportation
officers of any injury, apparent illness, or other conditions which
indicate that the arrested person may need special care.
(3)
The arresting officer is responsible for the security of the personal
property in the possession of the arrested person or under his control
at the time of the arrest. Except for vehicles, this responsibility
transfers to the transportation officers when they accept custody
of the arrested person.
G.
Custody of prisoners. Officers charged with the custody of prisoners
shall observe all laws and departmental orders regarding this activity.
Prisoners shall be kept securely, treated firmly and humanely, and
shall not be subjected to unnecessary restraint.
H.
Transportation of prisoners. Officers transporting prisoners shall
do so in accordance with departmental policy.
(1)
Prisoners requiring medical attention shall be delivered to the appropriate
emergency hospital and the transporting officers shall be responsible
for the security of the prisoner until properly relieved by a guard
officer unless otherwise directed by a superior officer.
(2)
Prisoners and their property shall be surrendered at the jail to
custodial officers or as otherwise directed by competent authority.
(3)
Any prisoner transported to a hospital in a private ambulance shall
be accompanied and guarded by an officer unless police exigencies
dictate otherwise. In the latter case, a guard will be arranged for
the prisoner as soon as possible.
I.
Use of physical force. Malicious assaults or batteries committed
by members constitute gross misconduct. The use of physical force
shall be restricted to circumstances specified by law when necessary
to accomplish a police task successfully. Whenever a member, either
on or off duty, is required to strike or use considerable physical
force against another person, he immediately shall call a superior
officer to the scene, or, if not practical, contact him as soon as
possible following the incident and submit a written report to the
Chief of Police through normal channels.
J.
Reports and bookings. No member or employee shall knowingly falsify
any official report or enter or cause to be entered any inaccurate,
false or improper information on records of the Department.
K.
Press relations at crime scenes. Members in control of a crime scene
shall not grant access and supply information regarding the incident
to the working press. He shall refer the press to the Shift Commander
for all details.
L.
Security of departmental business. Members and employees shall not
reveal police information outside the Department except as provided
elsewhere in this manual or as required by law or competent authority.
Specifically, information contained in police records, other information
ordinarily accessible only to members and employees, and names of
informants, complainants, witnesses and other persons known to the
police are considered confidential. Silence shall be employed to safeguard
confidential information. Violation of the security of this type of
information reflects gross misconduct.
M.
Compromising criminal cases. Members and employees shall not interfere
with the proper administration of criminal justice.
(1)
Members and employees shall not attempt to interrupt legal process
except where a manifest injustice might otherwise occur, nor participate
in or be concerned with any activity which might interfere with the
process of law.
(2)
Except in the interest of justice members and employees, shall not
attempt to have any traffic citation or notice to appear reduced,
voided or stricken from the calendar.
(3)
Any member or employee having knowledge of such action and failing
to inform his superior officer thereof shall be subject to charges.
N.
Assisting criminals. Members and employees shall not communicate
in any manner, either directly or indirectly, any information which
might assist persons guilty of criminal or quasi-criminal acts to
escape arrest or punishment or which may enable them to dispose of
or secrete evidence of unlawful activity or money, merchandise or
other property unlawfully obtained.
O.
Recommending attorneys and bail bond brokers prohibited. Members
and employees shall not suggest, recommend, advise or otherwise counsel
the retention of any attorney or bail bond broker to any person coming
to their attention as a result of police business.
P.
Acting as bailor prohibited. Members and employees cannot act as
bailors for any person in custody except relatives, and in no case
where any fee, gratuity or reward is solicited or accepted.
Q.
Civil complaints by members. Members will not prefer a civil complaint
against a person for injuries or damages incurred during the conduct
of duty without the express permission of the Chief of Police.
A.
Publicity. Members and employees shall not seek publicity in the
course of their employment.
B.
Commercial testimonials. Members and employees shall not permit their
names or photographs to be used to endorse any product or service
which is in any way connected with law enforcement without the permission
of the Chief of Police. They shall not, without the permission of
the Chief of Police, allow their names or photographs to be used in
any commercial testimonial which alludes to their position or employment
with the Department.
C.
Public appearance requests. All requests for public speeches, demonstrations
and the like, will be routed to the Chief of Police for approval and
processing. Members and employees directly approached for this purpose
shall suggest that the party submit his request to the Chief of Police.
D.
Outside employment. Members and employees shall not engage in any
business or occupation which may divert their attention from normal
police service or handicap them or render them unfit to perform the
duties required of them in the Department.
E.
Membership in organizations. Members and employees shall not affiliate
themselves with any organization or group, the constitution or by-laws
of which in any way exacts prior consideration or which would prevent
its members from rendering proper and efficient service to the Department.
F.
Trade unions — organizations affiliated with trade unions.
No member or employee shall affiliate himself with any labor union
or organization in any way identified or associated with any trade
association, trade federation or labor union. No association of police
officers recognized by the Department or having membership from the
Department shall be affiliated directly or indirectly with any trade
association.
G.
Subversive organizations. No member or employee shall knowingly become
a member of or connected with any subversive organization, except
when necessary in the performance of duty, and then only under the
direction of the Chief of Police.
H.
Political activity. Political activity by members and employees shall
be restricted to voting and activities affecting working conditions
of members and employees. Members and employees shall not solicit
or make contributions in money or other things directly or indirectly
on any pretext to any person, committee or association for political
purposes not directly affecting working conditions of members and
employees. They shall not use the influence of their office.
I.
Personal preferment. No member or employee may seek the influence
or intervention of any person outside the Department for purposes
of personal preferment, advantage, transfer or advancement.
J.
Conduct toward the public. Members and employees shall be courteous
and orderly in their dealings with the public. They shall perform
their duties quietly, avoiding harsh, violent, profane or insolent
language, and shall always remain calm, regardless of provocation
to do otherwise. Upon request, they are required to supply their name
and badge or serial number in a courteous manner. They shall attend
to requests from the public quickly and accurately, avoiding unnecessary
referral to other parts of the Department.
K.
Impartial attitude. All members, even though charged with vigorous
and unrelenting enforcement of the law, must remain completely impartial
toward all persons coming to the attention of the Department. Violations
of the law are against the people of the state and not against the
individual officer. All citizens are guaranteed equal protection under
law. Exhibiting partiality for or against a person because of race,
creed or influence is conduct unbecoming an officer. Similarly, unwarranted
interference in the private business of others when not in the interests
of justice is conduct unbecoming an officer.
L.
Caring for lost, helpless, injured or ill persons. Members shall
always be alert to assist lost, helpless, injured or ill persons.
Every member is strictly charged with maintaining a proficiency in
first aid techniques authorized by the American Red Cross and taught
in a police training school. Failure or inability to render first
aid competently is considered as serious as neglect of duty.
M.
Availability when on duty. Members on duty shall not conceal themselves
except for some police purpose. They shall be immediately and readily
available to the public during duty hours.
N.
Responding to calls. Members of the Department shall respond without
delay to all calls for police assistance from citizens or other members.
Emergency calls take precedence; however, all calls shall be answered
as soon as possible consistent with normal safety precautions and
vehicle laws. Failure to answer a call for police assistance promptly,
without justification, is misconduct. Except under the most extraordinary
circumstances, or when otherwise directed by competent authority,
no member shall fail to answer any landwire or radio call directed
to him. The communications center will be informed when leaving the
air, and when returning to a duty status.
A.
Court appearances. Attendance at court or quasi-judicial hearing
as required by subpoena is an official duty assignment. Permission
to omit this duty must be obtained from the prosecuting attorney handling
the case or other competent court officials. When appearing in court,
either the official uniform or clothing conforming to standards imposed
on officers working in plain clothes shall be worn. Weapons will not
be displayed unless wearing the uniform. Members shall present a neat
and clean appearance, avoiding any mannerism which might imply disrespect
to the court, such as gum-chewing and smoking.
B.
Testifying for the defendant. Any member or employee subpoenaed to
testify for the defense in any trial or hearing, or against the Borough
or department in any hearing or trial, shall notify his commander
upon receipt of the subpoena. He shall notify the governmental attorney.
C.
Refusal to testify. Any member or employee appearing as a witness
before: any competent investigative body; a judicial tribunal; a hearing
board; or a person authorized to take testimony, who invokes his constitutional
privilege and refuses to testify shall be subject to disciplinary
action.
D.
Departmental investigations — testifying. Members or employees
are required to answer questions by or render material and relevant
statements to a competent authority in a departmental personnel investigation
when so directed.
E.
Truthfulness. Members and employees are required to be truthful at
all times whether under oath or not.
F.
Civil action interviews. Civil action interviews involving members
or employees which arise out of departmental employment shall be conducted
according to current departmental directives.
G.
Civil action, court appearances — subpoenas. A member or employee
shall not volunteer to testify in civil actions and shall not testify
unless legally subpoenaed. Members and employees will accept all subpoenas
legally served. If the subpoena arises out of departmental employment
or if the member or employee is informed that he is a party to a civil
action arising out of departmental employment, he shall immediately
notify his commanding officer and the governmental attorney of the
service or notification and of the testimony he is prepared to give.
Members and employees shall not enter into any financial understanding
for appearances as witnesses prior to any trial, except in accordance
with current directives.
H.
Civil depositions and affidavits. Members and employees shall confer
with their commander before giving a deposition or affidavit on a
civil case. If the commander determines that the case is of importance
to the Borough, he shall inform the Chief of Police before the deposition
or affidavit is given.
I.
Civil cases. Members shall not serve civil process or assist in civil
cases unless the specific consent of the Chief of Police is obtained.
They shall avoid entering into civil disputes particularly while performing
their police duties, but shall prevent or abate a breach of the peace
or crime in such cases.
A.
Disciplinary action.
(1)
Violation of any provisions of this manual, or the following
causes or violations of department rules and regulations shall be
sufficient to subject any member to disciplinary action, although
such action shall not be deemed to be limited to those here listed.
(2)
Willful or neglectful disobedience of orders.
(3)
Disrespect to a superior officer or municipal officer.
(4)
Indulging in intoxicants while in uniform.
(5)
Indecent or profane language.
(6)
Unnecessary violence to a prisoner or others.
(7)
Absence without leave.
(8)
Sleeping on duty.
(9)
Absence from post or duty without the express permission of
a superior officer.
(10)
Improper patrol of post.
(11)
Neglect in paying just debts.
(12)
Immorality, indecency or lewdness.
(13)
Lack of diligence or gross ignorance of departmental rules and
regulations.
(14)
Inefficiency, due to mental or physical incapacity.
(15)
Feigned illness.
(16)
Violation of any criminal law.
(17)
Entering any premises where intoxicating liquor is sold or furnished
while in uniform except in the course of police duty.
(18)
For making known any proposed action or movement of the Police
Department, or for revealing any departmental order, other than to
those persons immediately concerned in their execution.
(19)
Conduct unbecoming an officer and gentlemen.
(20)
Conduct subversive to the good order and the discipline of the
Department.
(21)
Publicly commenting upon the official action of any public official
or departmental member.
(22)
Failure to attend drill or school of instruction at the time
fixed or whenever ordered.
(23)
Failure to report a known violation of the law, or the ordinances
of the Borough.
(24)
Swearing falsely in application for appointment to the Department
of police, or to such other papers as required of him as affidavit
in accordance thereto.
(25)
Soliciting anyone to intercede with the Chief of Police, Police
Committee, Mayor or members of the Council in relation to promotion
assignments, disposition of pending charges, or findings in a departmental
trial or other related matter.
(26)
Neglect of duty. Any violation or offense not specifically set
forth above in respect to discipline will be charged under this section.
B.
Who is subject to disciplinary action. Members of the Department,
regardless of rank, shall be subject to disciplinary action, according
to the nature or aggravation of the offense, for violating his oath
and trust by committing an offense punishable under the laws or statutes
of the United States, the State of New Jersey or Borough ordinances
or failure, either willfully or through negligence or incompetence,
to perform the duties of their rank or assignment; or for violation
of any general order or rule of the Department; or for failure to
obey any lawful instruction, order or command of a superior officer.
Disciplinary action in all cases will be decided on merits of each
case.
C.
Penalties. The following penalties may be assessed against any member
or employee of the Department as disciplinary action:
D.
Departmental authority to discipline. Within the limitations set
forth in the Rules or N.J.S.A. 40A:14-147 to 150, inclusive, and Borough
ordinances, the Departmental disciplinary authority and responsibility
rests with the Chief of Police. Except for oral reprimands and emergency
suspensions, departmental discipline must be taken or approved by
the Chief of Police. Other supervisory personnel may take the following
disciplinary measures:
E.
Emergency suspension. Any command or supervisory officer shall have
the authority to impose emergency suspension until the next business
day against a member or employee when it appears that such action
is in the best interests of the Department. This will only be in effect
if the Chief of Police isn't available.
F.
Emergency interdivisional disciplinary action. When the improper
conduct of a member or employee of one unit is of such a nature that
immediate or emergency disciplinary action is required of a command
or supervisory officer of another unit, such action may be taken at
once within the following limitations:
G.
Interdivisional oral reprimand. When the command or supervisory officer
of one unit orally reprimands a member or employee of another unit,
he shall notify the supervisor of the member so disciplined as soon
as possible. He shall also submit a written report of this action
and reason therefor to his commanding officer of the member employee.
H.
Follow-up on emergency suspensions. A member or employee receiving
an emergency suspension shall be required to report to the Chief of
Police on the next business day at 9:00 a.m. unless otherwise directed
by competent authority.
I.
Reports of disciplinary action taken or recommended. 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(s) and time(s) of the misconduct and location(s).
(3)
The section number(s) of this manual violated 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.
J.
Distribution of reports of disciplinary action. The report shall
be distributed as follows by the officer imposing or recommending
the disciplinary action:
K.
Endorsement and forwarding of disciplinary reports. Each level in
the chain of command must endorse and forward reports bearing on disciplinary
matters received. Such endorsement may be one of approval, disapproval,
or modification. No member or employee shall alter or cause to be
altered or withdraw, any disciplinary report. Disciplinary reports
in transit through the chain of command shall not be delayed but must
be reviewed, endorsed, and forwarded as soon as possible. Disciplinary
reports shall be filed in accordance with current departmental directives.
L.
Informing the person being disciplined. The member or employee being
disciplined shall be informed of the charges and penalties, if any,
assigned at the time such action is taken. Such charges shall be in
writing.
M.
Appeals from penalties. Appeals from penalties as disciplinary measures
may be taken as provided in the Rules, or N.J.S.A. 40A:14-147 to 150,
inclusive, and the Borough ordinances.
N.
Misconduct observed by police personnel. 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
report of the incident and his actions to his commanding officer.
Complaints by citizens against members or employees of this
department shall be processed in the following manner:
A.
During normal business hours. Refer such complaints to the Chief.
C.
Serious complaints or allegations. If in the opinion of the Shift
Commander the incident is of sufficient gravity, he shall notify the
appropriate commanding officer regardless of the hour. In addition,
he shall take any immediate action necessary to preserve the integrity
of the Department until the arrival of the commanding officer.
D.
Investigation of alleged misconduct. The member assigned the investigation
of an alleged act of misconduct on the part of a member or an employee
of this department shall conduct a thorough and accurate investigation.
Such investigation shall include formal statements from all parties
concerned when necessary and pertinent, the gathering and preservation
of any physical evidence pertaining to the case, and all other information
bearing on the matter.
E.
Reports of investigation of alleged acts of misconduct. Alleged acts
of misconduct must be investigated and the results of the investigation
must be reduced to a written report, entitled "Report of Investigation
and Findings." The investigating member shall summarize the pertinent
facts, including:
(1)
An abstract (summary) of the complaint or alleged act of misconduct.
(2)
Pertinent portions of the statements of all parties to the incident.
(3)
A description of the incident, physical evidence and other evidence
important to the case.
(4)
The observations and conclusions of the investigating member.
F.
Findings. One of the findings listed below will be included in the
Report of Investigation and Findings of an alleged act of misconduct.
(1)
Unfounded. The investigation indicates that the act or acts
complained of did not occur or failed to involve departmental personnel.
(2)
Exonerated. Acts did occur but were justified, lawful and proper.
(3)
Not sustained. Investigation fails to discover sufficient evidence
to clearly prove or disprove the allegations made in the complaint.
(4)
Sustained. Investigation disclosed evidence sufficient to clearly
prove the allegations made in the complaint.
(5)
Not involved. Investigation established that the subject of
the investigation in the Report of Investigation and Findings was
not involved in the alleged incident.
G.
If the complainant is not satisfied with the outcome of the investigation,
he may request an informal hearing before the Police Committee. Upon
reasonable notice to the police officer and to the complaining witness,
the Police Committee shall commence an informal hearing to determine
whether probable cause exists to suspend or discipline the police
officer. Due notice of the time and place of the hearing shall be
provided to the complaining witness, and if the witness fails or neglects
to appear or otherwise fails to be present without good cause, the
issue may be decided upon the basis of the evidence available. The
notice of the hearing shall inform the police officer and the complaining
witness of their respective rights to be represented by counsel and
to present such evidence and witnesses as they may desire. In the
event probable cause exists, the Police Committee shall certify said
finding forthwith to the Mayor and Council for formal hearing in accordance
with N.J.S.A. 40A:14-147 to 150, and shall furnish a copy of the certification
to the police officer and the complaining witness. In the event probable
cause is not found to exist, the Police Committee shall certify the
finding forthwith to the Mayor and Council and shall furnish copies
of the certification to the police officer and the complaining witness.
In the event probable cause is not found to exist, the complaining
witness may petition the Mayor and Council for further review of the
finding by filing a written statement of reasons with the Mayor and
Council within 20 days of the receipt of the certification. The Mayor
and Council shall review the entire record in determining whether
review will be granted. In the event that review is granted, the Mayor
and Council shall conduct a formal hearing in accordance with N.J.S.A.
40A:14-147 to 150. Where review is denied, the complaining witness
and the police officer shall be so notified.
The Police Committee shall recognize and deal with the officers
and the members of the Police Department for the adjustment of any
grievances which may arise in accordance with the following procedure:
A.
The grievance shall be presented by the employee in writing to the
immediate supervisor. After a full disclosure of the facts, the supervisor
must make every effort to reach a satisfactory settlement to the aggrieved
employee. If the supervisor cannot make an immediate settlement, the
aggrieved employee shall resume regular duties and the grievance and
decision shall be forwarded to the next higher superior officer of
the unit to which the employee is attached. This superior officer
shall give his reply in writing. If the settlement is not satisfactory,
then the grievance shall be forwarded through the chain of command
to the Chief of Police for his attempt at a satisfactory settlement
or adjustment. If the grievance is still unresolved, then the grievance
shall be referred to the Police Committee. The Police Committee may
place the matter before the governing body if it deems necessary.
(1)
Hours of work, legal authority. Certain hours are designated
in assigning members to regular tours of duty. Hours of work are limited
by the Revised Statutes of New Jersey (40A:14-132). "The hours of
employment shall be eight hours a day, 40 hours a week."
(2)
Emergency suspension of days off. In case of emergency, police
officers and civilian employees of the Police Department may be summoned
for and kept on duty during the emergency.
(3)
Absence from duty for five days continuously. Any police officer
who shall be absent from duty without just cause for a term of five
days continuously, and without leave of absence, shall at the expiration
of such five days, cease to be a member of such Police Department
and force. Source: N.J.S.A. 40A:14-122.
(4)
Sick leave defined. Sick leave is the period which a police
officer is excused from active duty by reason of illness or injury.
A.
Suspension of vacation, day off or leave of absence. Any vacation,
day off, or leave of absence may be suspended when a sudden and serious
emergency arises, and when in the judgment of the Chief of Police
such action be taken.
B.
Days off. Police officers or civilian employees are entitled to days
off which are to be taken according to a schedule arranged by the
respective commanding officers.
C.
Exchange of vacation or of days off. When mutually agreeable, any
two police officers, or any two civilian employees, may exchange their
vacation periods or days off, but may do so only with the approval
of their commanding officers.
A.
Prompt report of sickness or injury. Police officers and civilian
employees shall report injury or sickness, whether on or off duty,
promptly to their command. The superior officer receiving the report
shall execute the required forms at once so that the Surgeon's
Office is notified for disposition and record.
B.
Reporting sick or injured. Police officers and civilian employees
unable to report for duty because of sickness or injury shall make
an immediate report to their commanding officer or desk officer in
person or by telephone. If the police officer is unable to report,
a relative or other responsible person shall notify the commanding
officer or desk officer of all pertinent facts either in person or
by telephone.
C.
Address of confinement. Police officers and civilian employees, when
sick or injured, shall be responsible for notifying their supervisor
as to their place of confinement or of any subsequent change in their
place of confinement.
D.
Sick or injured while on duty. Police officers taken sick or injured
on patrol, investigative or traffic duty shall report the facts to
their command by signal box or telephone and shall remain on duty
until relieved, unless excused by the Shift Commander. The only exception
to this rule would be where the sickness or injury is disabling to
the point of preventing compliance. As soon as possible, the officer
will make out all necessary forms to his injury or sickness and turn
them in to his commanding officer. The Shift Commander will investigate
all cases involving officers injured while on duty.
E.
Unauthorized absence. Police officers or civilian employees, who
absent themselves in an improper manner, shall be subject to charges
being preferred against them. Police officers are guilty of unauthorized
absence:
(1)
Who are not home or who are not at their place of confinement,
while on sick leave, when visited by the Department Surgeon or a superior
officer.
(2)
Who feign illness or injury.
(3)
Who deceive the Department Surgeon in any way so to their true
condition.
(4)
Who are injured or become sick as the result of improper conduct
or of intemperate, immoral or vicious habits or practices.
(5)
Who violate any provisions concerning the reporting of sickness
or injury.
F.
Amount of sick time. First year of service, five sick days. After
that, 15 sick days per year. Sick days will be accumulated, and upon
retiring from the Red Bank Police Department with 25 years of service
or more, members will be paid for the amount of sick days that have
accumulated, providing it does not exceed 300 days. Accumulated sick
leave will also be paid to an employee who terminates his or her employment
due to a service-connected disability before serving 25 years, providing
it does not exceed 300 days. If a member dies while still employed
as a police officer, his accumulated sick time will be paid to his
beneficiary. The number of sick days to be paid shall not exceed 300
days.
G.
Injured on duty — workmen's compensation. In the event
a member of the Police Department is injured as a result of an accident
arising out of and in the course of his employment, he shall be entitled
to and receive full pay while so injured and disabled, except that
there shall be deducted the amount of money which the member is paid
under the provisions of Chapter 15 of Title 34 of the Revised Statutes
of New Jersey (workmen's compensation) for temporary disability.
The member of the Police Department shall be entitled to full pay
while disabled as result of an accident arising out of and in the
course of his employment only so long as he receives temporary disability
payments under workmen's compensation. As soon as the temporary
disability payments stop, the member of the Police Department shall
no longer be entitled to full pay unless he returns to full-time duty.
H.
Doctor's certificate. Any member being absent from duty because
of sickness or injury may be required to furnish a doctor's certificate
to the Chief of Police, stating what illness or injury the officer
was afflicted with.
A.
Military reserve leave. "A police officer or a civilian employee
who is a member of the Organized Reserve of the Army of the United
States, United States Naval Reserve, United States Air Force Reserve
or United States Marine Corps Reserve, or other affiliated organization,
shall be entitled to leave of absence from his respective duty without
loss of pay or time on all days on which he shall be engaged in field
training. Such leave of absence shall be in addition to the regular
vacation allowed such employee or police officer." Source: N.J.S.A.
38:23.1.
B.
Enlistment or re-enlistment in national or state military organization.
Police officers and civilian employees of the Department shall not
enlist, reenlist or accept a commission in any federal or state military
organization without receiving prior permission from the Chief of
Police.
C.
Extended leave (surrender of department property). Before reporting
for extended military service, police officers of the Department shall
surrender all department property held by them to their commanding
officers.
D.
Draft board determination. When a police officer or civilian employee
has been classified "1-A" by Selective Service, or ordered to report
for examination, he shall immediately make these facts known to this
commanding officer.
E.
Field training leave. Police officers or civilian employees on military
leave for field training must notify their commanding officer at least
30 days before the date their training period is scheduled to begin.
They must also submit copies of their official military orders at
least five days prior to the date they are to report for duty.
A.
Death in family. If a member of your immediate family dies, you may
be granted up to three days off with pay. The time off is not charged
to vacation, personal or sick leave. If a relative not a member of
your immediate family dies, you may be granted one day off. "Immediate
family" means father, mother, father-in-law, mother-in-law, child,
stepparent, stepchild, foster child, grandparent, grandchild, sister,
brother, aunt, uncle, nephew, niece or other relative of the employee
residing in the employee's household.
[Amended 10-1986]
B.
Death leave allowance in special cases. In special or unusual cases,
a commanding officer may allow a police officer or civilian employee
to attend funeral or memorial service for someone other than those
persons enumerated in Rule PR:116.1. The intent of this provision
is to cover the situation in which someone other than the immediate
kin has raised the police officer, or had a very close relationship
with him.
[Amended 10-1986]
A.
Selection of vacation. Annual vacation periods shall be selected
according to seniority within individual ranks. In the ranks above
patrolman, when the accrued seniority in rank is equal, the determining
factor shall be length of service in the next preceding rank.
B.
Vacation scheduling. Vacation schedules shall be arranged by each
division commanding officer with the approval of the Chief of Police.
C.
Deferment of vacation. Only under extenuating circumstances subject
to review and approval of the Chief of Police may vacations be deferred.
D.
Vacation address. A report of a vacation address is not required
from a police officer or a civilian employee whose vacation application
has been approved. Permission is thereby granted to him to leave the
city during the period of vacation.
E.
Split vacation. Split vacation periods may be granted to any police
officer of the Department, providing permission has been obtained
from his commanding officer. However, once vacation periods have been
selected, they shall be completed without interruption unless it becomes
necessary, by reason of emergency, to suspend them.
F.
Change of selected dates prohibited. After vacation dates are selected
and application has been filed with the commanding officer, police
officers shall be permitted to change dates only in emergencies.
G.
Amount of vacation time.
(1)
During the calendar year of appointment, an employee will earn
1/2 day for each month worked.
(2)
During the calendar year after appointment, the employee will
be credited with 10 days vacation on January 1, but the vacation shall
not be taken prior to June 1.
(3)
After the first full calendar year and through the fifth year,
10 days of vacation.
(4)
Sixth year through the tenth year, 15 days.
(5)
Eleventh year through the fifteenth year, 20 days of vacation.
(6)
Sixteenth year and over, 25 vacation days.
(7)
Anniversary dates must fall within the first three months of
the calendar year before getting credit for the year.
A.
Resignations to be in writing. All resignations of police officers
or civilian employees must be in writing and bear the signature of
the person resigning. Police officers shall provide the Chief of Police
not less than five days' written notice or shall have obtained special
permission from the Chief of Police or the Police Director to do otherwise.
B.
Resignation prohibited while charges are pending. Police officers
or civilian employees are prohibited from resigning while charges
are pending against them.
Police officers and civilian employees operating Department
motor vehicles shall possess a valid New Jersey driver's license.
Whenever a driver's license belonging to a police officer is
revoked, suspended or lost, he shall immediately make this fact known
to his commanding officer, giving him full particulars.
A.
Distribution of the manual. One copy of the Rules and Regulations
Manual shall be distributed to each police officer and to certain
civilian employees of the Police Department. Also, for reference purposes,
copies shall be distributed to the office of the Borough Clerk and
the Mayor.
B.
Responsibility for maintenance. Each police officer, each civilian
employee and each superior officer who is assigned a Manual shall
be responsible for its maintenance and care. All Manuals shall be
kept current and supplementary pages concerning additions, revisions
or amendments shall be promptly and properly inserted.
C.
Additions and amendments or revisions. When a section is amended,
revised or added to, the new section shall be inserted according to
number and title. Generally, a full-page replacement will be issued
for insertion to replace the page containing the amended or revised
section. When a page is an addition, instructions shall be given for
its proper insertion. Instructions shall also be issued for the discontinuance
of outdated sections.
D.
Familiarization. Each police officer and each civilian employee is
duty-bound to thoroughly familiarize himself with the provisions of
the Rules and Regulations. Failure to comply shall be considered neglect
of duty.
E.
Ignorance of the rules. In the event neglect of duty is charged against
a member for failure to observe the Rules and Regulations, Departmental
Procedures or Orders, ignorance of any provision of this Manual or
any Departmental Procedure or Order will not be accepted as an excuse.
F.
Previous orders. All Rules, Regulations, Procedures and Orders, previously
issued, contrary to those embodied in the Manual, are hereby revoked.
All other Rules, Regulations, Orders and Procedures not in conflict
with those contained in the Manual shall remain in force.
As used in this chapter, the following terms shall have the
meanings indicated:
Serving temporarily in a position to which the member is
not ordinarily assigned, usually in a position of higher rank. All
the authority, responsibilities and duties of the officer in the higher
position devolve upon the acting member.
The vacation period granted to all members annually.
Captain of Police of the Department.
The unbroken line of authority extending from the Chief of
Police through a single subordinate at each level of command down
to the level of execution and vice versa.
Chief of Police of the Department.
Any rank of Captain and above.
Those days, determined by the Chief of Police, on which a
given member is excused from duty.
The Red Bank Police Department.
Reference guides specifying the rules and regulations governing
the conduct of personnel and the operation of the Department as well
as specifying departmental policies and procedures. Departmental General
Orders will be incorporated into the appropriate departmental manual
after a provisional period of operation. Such manuals in force in
this department are issued by authority of the Chief of Police and
carry the weight of a General Order. Compliance with the provisions
of departmental manuals is required.
Deputy Chief of Police of the Department.
A temporary assignment of personnel for a specialized activity.
A police officer assigned to conduct criminal investigations
while in civilian clothing.
A geographical area administratively designated for purposes
of investigation, supervision or patrol.
A functional unit having jurisdiction-wide coverage whose
commanding officer reports directly to the Chief of Police or Deputy
Chief.
Civilian employee of the Department.
Use of the masculine gender herein shall also include, where
applicable, the female gender.
Written directives issued at departmental or divisional level
by the Chief of Police or Commanding Officer of a division, respectively.
General Orders remain in full force and effect until amended, superseded
or canceled by the issuing authority. Departmental General Orders
establish policy, procedure or regulations governing matters which
affect the entire department or two or more subordinate units. They
are the most authoritative directive issued in the Department and
may be used to amend, supersede or cancel any other order. Divisional
General Orders are of the same nature, but effective only within the
division in which issued and shall be approved by the Chief of Police.
The police buildings that house the headquarters staff and
the members of this department.
Incapable of satisfactory performance of police duties.
Failure or deliberate refusal of any member or employee to
obey a lawful order given by a superior officer. Ridiculing a superior
officer of his order, whether in or out of his presence, is also insubordination.
Disrespectful, mutinous, insolent or abusive language done toward
a supervising officer is insubordination.
Any written or oral directive issued by a superior officer
to any subordinate or group of subordinates in the course of police
duty which is not in violation of any law, ordinance or any department
rule or regulation.
The period of time during which an officer is excused from
active duty and during which time he receives no pay.
Lieutenant of Police of the Department.
As used herein, the words "may" and "should" shall mean that
the action indicated is permissive.
Any duly appointed police officer of the Department.
Information bulletins which are primarily designed to inform
and secondarily to direct issues at departmental and divisional level.
Such memoranda are not official orders but express the thinking of
the issuing authority on the subject under consideration.
A book in which members are required to record their work
and official actions.
The period of time during which an officer is excused from
duty by reason of serving the Armed Forces of the United States in
an active capacity as provided by law.
Failure to give suitable attention to the performance of
duty. Examples include, but are not limited to: failure to take appropriate
action on the occasion of a crime, disorder or other act or condition
deserving police attention; absence without leave; failure to report
to duty at the time and place designated; unnecessary absence from
the beat during a tour of duty; failure to perform duties prescribed
in the Police Manual; failure to conform to the Department operating
procedures.
The state of a member during the period he is free from the
performance of specified duties. Also may be known as rest period,
day off or an annual leave.
Any member below the rank of Captain in charge of an organic
unit.
Through the hands of the superior officer of the chain of
command.
The state of a member during a period of the day when he
is actively engaged in the performance of his duties. Technically,
a police officer is subject to call at all times.
Any written or oral directive issued by a superior officer
to any subordinate or group of subordinates in the course of police
duty.
Departmental automobile, marked and radio equipped.
Appointment, assignment or any other status change of personnel
within the Department are accomplished by departmental personnel orders
issued by the Chief of Police. Divisional personnel orders may be
issued by a division commander to detail personnel. Orders shall be
forwarded to the office of the Chief of Police for approval.
The singular includes the plural and the plural includes
the singular.
An occurrence or incident suggesting or requiring police
action or service by members.
The required period prior to permanent appointment to the
Department.
The official method of dealing with any given situation prescribed
by Chief's order or procedural guide.
Departmental legislation consisting of detailed directives
binding members and employees of all ranks in terms of authority,
responsibility and conduct.
Directions issued by the Chief of Police to define the police
purpose and the duties and conduct of all.
A functional unit subordinate to a bureau or under the immediate
direction of the Chief of Police. It may be commanded by any rank,
depending on its size and the nature and importance of its function.
In the Department is established first by rank and secondly
by time served in rank, whether on a regular, assigned or temporary
basis. Where conflict occurs because of identical service or dates
of appointment, the member with the lowest badge number is deemed
to be the senior. In situations requiring decision or control where
the officers are of equal rank, the senior will make the decision
and exercise control unless otherwise directed by a higher ranking
command or supervisory officer.
Sergeant of Police of the Department.
The words "shall" and "will" as used herein shall indicate
that the action required is mandatory.
An eight-hour tour of duty.
A supervisory officer of a shift in the Patrol Division.
The period of time during which an officer is excused from
active duty by reason of illness or injury.
Police service the nature of which requires that the member
be excused from the performance of his regular duties.
Written directives issued at departmental or divisional level
by the Chief of Police or a commanding officer of a division, respectively.
They specify instruction governing particular situations. Special
orders are automatically canceled when their objectives are achieved.
Departmental special orders effective only within the division in
which issued and shall be approved by the Chief of Police.
A person holding a higher supervisory or command rank or
position.
Member of the Department assigned to a position requiring
the exercise of immediate supervision over the activities of other
members and employees.
The words used in the present tense include future.
The shift during which an individual member is on duty.
Bulletins published and designed to keep officers of this
department abreast of current police techniques and procedures. The
bulletins and their presentation act as a continuous training program
and as a stimulus for further study. The information contained therein
constitutes official departmental policy on the subject matter under
consideration in the absence of other instructions to the contrary.
A.
The Uniform Division shall consist of a Patrol Section, Traffic Safety
Section and Special Affairs Section.
(1)
The Patrol Section is particularly charged with the following
functions:
(a)
Patrolling all public streets, highways, thoroughfares and parks
within the boundaries of the Borough in a manner prescribed so as
to perform most effectively the duties of the Department. The principal,
though not exclusive, duties of the Patrol Section are to prevent
violations of laws and ordinances; to suppress disturbances; to arrest
offenders; and to give aid, relief and information to all citizens
as circumstances require.
(b)
Operation of all communication systems within the Police Department
including the telephone switchboard, teletype and radio system.
(c)
Detention and transportation of prisoners and shall include
the services of police matrons when female prisoners are involved.
(d)
The Auxiliary Police, which includes Special Officers when performing
police functions other than civil defense functions.
(e)
Adult school crossing guards.
(2)
The Traffic Safety Section is generally charged with the following
functions:
(a)
Traffic engineering which shall encompass the making of speed
surveys, traffic counts, accident location studies and statistical
analyses related thereto.
(b)
Public education, which shall encompass such activities as driver
clinics, bicycle safety programs and the showing of films to school
children and adults so as to inculcate safety habits.
(c)
Traffic enforcement, which shall encompass such activities as
accident investigations and selective enforcement through radar programs.
(d)
Supervision of painting all traffic lines and the maintenance
of all traffic signs within the Borough.
B.
The Criminal Investigation Division is generally charged with the
following functions:
(1)
The prevention of all crime; the investigation and solution
of criminal cases; apprehension of offenders; location of missing
persons; suppression of gambling and vice; conducting of extradition
proceedings; recovery of lost, stolen and strayed property; and service
of warrants and summonses.
(2)
There shall be established within the Criminal Investigation
Division a Juvenile Aid Section, which shall be particularly charged
with administering a broad program for the prevention and reduction
of juvenile delinquency, assisting in the rehabilitation of juvenile
delinquents and wayward minors, and assisting in the various guidance
activities.
(3)
There shall be established within the Criminal Investigation
Division a Narcotics Section, which shall be particularly charged
with the investigation of all narcotics violations, apprehension of
offenders and administration of a broad program for children and adults
concerning narcotic problems.
(4)
Will handle all police community relations activities.
(5)
Maintain a fingerprint and mug file of all persons arrested
for indictable offenses and narcotic offenses.
C.
The Service Division is generally charged with the following functions:
D.
Duties and responsibilities are not limited to those listed herein.
Other duties and responsibilities may be assigned as necessary to
accomplish the objectives of the Department.
A.
Authority and responsibilities. Subject to direction from higher
command, a commanding officer has direct control over all members
and employees within his command. In addition to the general and individual
responsibilities of all members and employees and supervisory officers,
a commanding officer is responsible for the following:
B.
Command. The direction and control of personnel under his command
to assure the proper performance of duties and adherence to established
rules, regulations, policies and procedures. Providing for continuation
of command and/or supervision in his absence.
C.
Loyalty and esprit de corps. The development and maintenance of esprit
de corps and loyalty to the Department.
D.
Discipline and morale. The maintenance of discipline and morale within
the command and the investigation of personnel complaints not assigned
elsewhere.
E.
Interdepartmental action. The promotion of harmony and cooperation
with other units of the Department. Initiation of proper action in
cases not regularly assigned to his command when delay necessary to
inform the proper unit might result in a failure to perform a police
duty.
F.
Organization and assignment. Proper organization and assignment of
duties within his unit to assure proper performance of departmental
functions and those of his command.
G.
Reports and records. Preparation of required correspondence, reports
and maintenance of records relating to the activities of his command.
Assurance that information is communicated up and down the chain of
command as required.
H.
Maintenance. Assurance that quarters, equipment, supplies and materials
assigned to his command are correctly used and maintained.
Authority and responsibilities. The Shift Commander, during
his tour of duty, exercises the same authority and has the same responsibilities
as his commanding officer, subject to higher authority. In the absence
of the Shift Commander, the senior available member of the shift is
in charge, unless otherwise provided. In addition to the general and
individual responsibilities of all members and employees, the Shift
Commander is specifically responsible for the following:
A.
Good order. The general good order of his command during his tour
of duty to include proper discipline, conduct, welfare, field training
and efficiency.
B.
Roll call. Conduct of prescribed roll calls, communication of all
orders or other information at roll call and inspection and correction
of his command daily.
C.
Reporting. Reporting as required by a commanding officer.
D.
Personnel complaints. Inquiry into personnel complaints against members
and employees under his command in accordance with the provisions
of this manual.
A.
Supervision. A supervisory officer may be assigned to field or office
duties. During his tour of duty, he must closely supervise the activities
of his subordinates, making corrections when necessary, and commending
where appropriate.
B.
Leadership. Effective supervision demands leadership. Provision of
leadership shall include on-the-job training as needed for efficient
operation and coordination of effort when more than one member or
employee is involved.
C.
Direction. Supervisory officers must exercise direct command in a
manner that assures the good order, conduct, discipline and efficiency
of subordinates. Exercise of command may extend to subordinates outside
his usual sphere of supervision if the police objective or reputation
of the Department so requires; or if no other provision is made for
personnel temporarily unsupervised. This authority shall not be exercised
unnecessarily. If a supervisor requires a subordinate other than his
own to leave a regular assignment, the supervisor so directing will
inform the subordinate's own supervisor as soon as possible.
D.
Enforcement of rules, etc. Supervisory officers must enforce departmental
rules and regulations and insure compliance with departmental policies
and procedures.
E.
Inspection. Supervisory officers are responsible for inspection of
activities, personnel and equipment under their supervision and initiation
of suitable action in the event of a failure, error, violation, misconduct
or neglect of duty by a subordinate.
F.
Assisting subordinates. A supervisory officer shall have a working
knowledge of the duties and responsibilities of his subordinates.
He shall observe contacts made with the public by his subordinates
and be available for assistance or instruction as may be required.
A field supervisory officer shall respond to calls of serious emergencies,
felonies in progress, assaults and others unless actively engaged
in a police incident. He should observe the conduct of the assigned
personnel and take active charge when necessary.
G.
Probationary period. Appointment of a patrolman to the Police Department
is for a probationary period of one year from the date of appointment.
Continuation in the service is dependent upon the conduct of the appointee
and his or her fitness to perform his or her duties. At any time during
his or her probationary period, if the conduct or capacity of the
probationer has not been satisfactory, he or she shall be notified
in writing that he or she will not receive absolute appointment and
their service shall be terminated by the Police Chief with the approval
of the Mayor and Council without a trial.
[Amended 10-1986]
