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.
B. Other times. Notify the Shift Commander, who will take one of the
following actions:
(1)
Instruct a supervisor to receive and investigate the complaint.
(2)
Receive and investigate the complaint himself.
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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
ACTING
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.
ANNUAL LEAVE
The vacation period granted to all members annually.
CAPTAIN
Captain of Police of the Department.
CHAIN OF COMMAND
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
Chief of Police of the Department.
DAYS OFF
Those days, determined by the Chief of Police, on which a
given member is excused from duty.
DEPARTMENTAL MANUALS
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.
DETAIL
A temporary assignment of personnel for a specialized activity.
DETECTIVE
A police officer assigned to conduct criminal investigations
while in civilian clothing.
DISTRICT
A geographical area administratively designated for purposes
of investigation, supervision or patrol.
DIVISION
A functional unit having jurisdiction-wide coverage whose
commanding officer reports directly to the Chief of Police or Deputy
Chief.
EMPLOYEE
Civilian employee of the Department.
GENDER
Use of the masculine gender herein shall also include, where
applicable, the female gender.
GENERAL ORDERS
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.
HEADQUARTERS
The police buildings that house the headquarters staff and
the members of this department.
INCOMPETENCE
Incapable of satisfactory performance of police duties.
INSUBORDINATION
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.
LAWFUL ORDER
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.
LEAVE OF ABSENCE
The period of time during which an officer is excused from
active duty and during which time he receives no pay.
LIEUTENANT
Lieutenant of Police of the Department.
MAY/SHOULD
As used herein, the words "may" and "should" shall mean that
the action indicated is permissive.
MEMBER
Any duly appointed police officer of the Department.
MEMORANDA
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.
MEMORANDUM BOOK
A book in which members are required to record their work
and official actions.
MILITARY LEAVE
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.
NEGLECT OF DUTY
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.
OFF DUTY
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.
ON DUTY
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.
ORDER
Any written or oral directive issued by a superior officer
to any subordinate or group of subordinates in the course of police
duty.
PATROL CAR
Departmental automobile, marked and radio equipped.
PERSONNEL ORDERS
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.
POLICE INCIDENT
An occurrence or incident suggesting or requiring police
action or service by members.
PROCEDURE
The official method of dealing with any given situation prescribed
by Chief's order or procedural guide.
RULES AND REGULATIONS
Departmental legislation consisting of detailed directives
binding members and employees of all ranks in terms of authority,
responsibility and conduct.
RULES AND REGULATIONS
Directions issued by the Chief of Police to define the police
purpose and the duties and conduct of all.
SECTION
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.
SENIORITY
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
Sergeant of Police of the Department.
SHALL/WILL
The words "shall" and "will" as used herein shall indicate
that the action required is mandatory.
SHIFT
An eight-hour tour of duty.
SICK LEAVE
The period of time during which an officer is excused from
active duty by reason of illness or injury.
SPECIAL DUTY
Police service the nature of which requires that the member
be excused from the performance of his regular duties.
SPECIAL ORDERS
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.
SUPERIOR OFFICER
A person holding a higher supervisory or command rank or
position.
SUPERVISORY OFFICER
Member of the Department assigned to a position requiring
the exercise of immediate supervision over the activities of other
members and employees.
TOUR OF DUTY
The shift during which an individual member is on duty.
TRAINING BULLETIN
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.
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.